The URL can be used to link to this page

Home My WebLink Aboutagenda.council.regular.20250114AGENDA CITY COUNCIL REGULAR MEETING January 14, 2025 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IIIA.Swearing in of Police Officer Karla Enriquez IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Topic: City of Aspen Regular Meeting Join from PC, Mac, iPad, or Android: https://us06web.zoom.us/j/87537535044?pwd=r1AoVO5P8xsF3rkahneAvaEmv70eRX.1 Passcode:81611 Webinar ID: 875 3753 5044 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/k7mePqUxC (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 VIA.Resolution #001, Series of 2025 - Designating the Public Posting Place VIB.Resolution #004, Series of 2025 - Animal Shelter Energy Efficiency Upgrades - Rudd Construction Change Order VIC.Draft Minutes of December 3rd, 9th, and 17th VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings IXA. Ordinance #21, Series of 2024 - Adoption of Chapter 29.02 Construction and Demolition Debris Diversion IXB.Resolution #005, Series of 2025 - Amendments to the Land Use Code IXC.Resolution #007, Series of 2025 - Boat Tow Temporary Airlock - 315 E Hyman Ave. (These matters may be adopted together by a single motion) Resolution__001__Series_of_2025_Memo.docx Resolution__001__Series_of_2025.doc Memo_-_Resolution__004_2025_-_Rudd_Construction_Change_Order.docx Exhibit I - Resolution #004, 2025 - RUDD Solar Scope Change Order.doc Exhibit II - Contract - 51249 Animal Shelter - Rudd Construction.pdf Exhibit III - Change Order 2 2024-033 Aspen Animal Shelter.pdf cc.min.120324.docx cc.min.120924.docx cc.min.121724.docx Second_Reading_Memo_C_D_Diversion_Ord.docx Ordinance No. 21_Chapter 29.02 Construction and Demolition Debris Diversion_12.9.24.docx Attachment A â€“ Response to First Reading Council Discussion.docx Attachment B - C&D Debris Recycling Feedback_City Outreach (Responses) - Form Responses 1.pdf Attachment C - ComDev Newletter.pdf Attachment D â€“ Social Cost of Carbon, Lotus Sustainability Consulting Services.pdf Attachment E â€“ Construction Mitigation Plan administrative edits for Unsorted Loads.pdf Policy Resolution_Staff Memo_#005, Series of 2025.pdf Policy Resolution #005, Series of 2025.pdf Exhibit A_Map of Allowed Zone Districts and School Buffers.pdf Memo_Boat Tow_Temporary Use_Airlock.pdf Resolution_No._007_Series_2025_Boat_Tow.docx Exhibit B.1_Temporary Use Review Criteria_Staff Findings.pdf 2 2 X.Action Items XA.Resolution #002, Series of 2025 - GMQS Allotment Carry-Forward XI.Executive Session XII.Adjournment Exhibit B.2_Commercial Design Review.pdf Exhibit B.3_Growth Management Review Criteria_Staff Findings.pdf Exhibit C_Land Use Application_Airlock.pdf Memo_2024 GMQS Allotment Carry-Forward.pdf Resolution #002, Series of 2025_GMQS Allotment Carry-Forward.pdf Exhibit A_ 2024 GMQS Allotments.pdf Exhibit B_GMQS Carry Forward Review Criteria.pdf Exhibit C_Growth Over 5 Years.pdf Pursuant to C.R.S. Section 24-6-402 (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators and (4)(f) Personnel. The specific item of discussion involves the following: Wheeler/BUA MOU (Res #177, Series of 2017) Eisenstat Claim for flood damages Discussion and negotiations regarding City Attorney contract; Discussion and negotiations regarding City Manager review and contract. 3 3 MEMORANDUM TO:City Council FROM:Nicole Henning, City Clerk THROUGH:Alissa Farrell, Administrative Services Director & James R. True, City Attorney MEMO DATE:January 6, 2025 MEETING DATE:January 14, 2025 RE:Designating the Public Place for Posting Notices for Public Meetings REQUEST OF COUNCIL: It is requested that City Council approve Resolution #001, Series of 2025, adopting the method for posting notices of public meetings. SUMMARY AND BACKGROUND: Pursuant to state statute, C.R.S., Section 24-6-401, et seq., the Colorado Open Meetings Law,prior to July 1,2019, governmental entities were required to annually designate a physical location at which notices of public meetings would be posted. In 2019, the State Legislature amended this statute to allow governmental entities to post notices of meetings on a public website. The purpose of the amendment to Section 24-6-402(2)(c)(III) was specifically to relieve a local government of the requirement to physically post meeting notices. In recent years, even prior to the amendment of the statute, the city has posted notices of meetings at the designated physical location and on its website, when possible. DISCUSSION: The intention of Resolution #001, Series of 2025 is to formalize the authority to post notice of meetings on the City's website.In addition,the statute requires that in the event of exigent or emergency circumstances, such as a power outage or an interruption in internet service that prevents the public from accessing the notice online,notice must be posted at a physical location. The resolution designates that physical location as a location on the third floor of the new Aspen City Hall outside of the Clerk’s Office. STAFF RECOMMENDATION: It is recommended that Resolution #001, Series of 2025 be adopted. 4 RESOLUTION #001 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS. WHEREAS, The City Council of the City ofAspen, Colorado, deems it in the public interest to provide full and timely notices of all its meetings; and WHEREAS,the Colorado state legislature amended the Colorado Open Meetings Laws,C.R.S.,Section 24-6-401,et seq.,to relieve a local government of the requirement to physically post meeting notices;and WHEREAS,pursuant to such amendment set forth in C.R.S.,Section 24-6- 402(2)(c)(III),as of July 1,2019,a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available,no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body;and WHEREAS,the City of Aspen maintains a website and currently posts within such website, consistent with Section 24-6-402(2)(c)(III),notices of all meetings of the "local public body,"which is defined by C.R.S.Section 24-6-402(l )(a)(I),to include "any board,committee,commission,authority,or other advisory,policy-making,rule- making,or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision,or an official thereof,has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body;"and WHEREAS, pursuant to C.R.S. Section 24-6-402(2)(c)(III)the local public body shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online; and WHEREAS,C.R.S.,Section 24-6-402(2)(c)(I)requires that all public bodies subject to the requirements of the law to annually designate the place for physically posting notices of public hearings,if physical posting is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: 5 Section 1. Full and timely notice of a public meeting held by the City Council of the City of Aspen and each meeting of any other board,committee,commission,authority,or other advisory,policy-making,rule-making,or formally constituted body of the City of Aspen,shall be deemed to have been given by posting the notice,with specific agenda information,if available,no less than twenty-four hours prior to the holding of the meeting,on a public website of the City of Aspen.The notice shall be accessible at no charge to the public. In the event of exigent or emergency circumstances,as defined in C.R.S. Section 24-6-402(2)(c)(III),notice of a public meeting shall be posted by the City Clerk at least twenty-four hours prior to the holding of the meeting at a designated location outside of the Clerk ’s Office on the third floor of City Hall, 427 Rio Grande Place ,Aspen,Colorado. Section 2. The City Clerk shall notify each board,committee,commission,authority or other advisory,policymaking,rulemaking, or formally constituted body of the City of Aspen of the contents of this resolution and the other general requirements of the Colorado Open Meeting Law,C.R.S.,Section 24-6-401 et seq. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14 th day of January 2025. 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, January 14th, 2025. Nicole Henning, City Clerk 6 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Ryan LaPointe, Capital Asset Project Manager THROUGH:Rob Schober, Capital Asset Director MEMO DATE:December 31st, 2024 MEETING DATE:January 14 th, 2025 RE:Resolution #004, 2025 Rudd Construction Change Order _________________________________________ REQUEST OF COUNCIL: Staff request that City Council approve resolution #004 (Series of 2025), a contract change order with Rudd Construction for Capital Project 51249 – Animal Shelter – Energy Efficiency Upgrades to add a photovoltaic system back into the scope of work including the now required battery backup storage, in the amount of $171,833.34. SUMMARY AND BACKGROUND: The Animal Shelter – Energy Efficiency Project has been created to make the Aspen Animal Shelter more energy efficient. The project scope includes replacing the existing gas boilers with high-efficiency gas units, replacing the air handler unit to provide uniform heating / cooling distribution, replacing the water heater with a more efficient tank, adding insulation to the ceiling on the second floor to improve the building envelope, and originally installing a 25kW PV solar system on the Animal Shelter roof to offset electrical consumption. Additionally, this project includes replacement of many fixtures and finishes in the kitchen and entry area that have reached the end of their useful life, adding shade awnings to 3 of 5 dog yards that do not currently have natural shaded areas, and relocating the receiving area of palleted deliveries arriving daily at the Animal Shelter. BASIS FOR VENDOR SELECTION: Rudd Construction is already under contract. DISCUSSION: The PV Solar System was value engineered out of the project and the funds were reallocated for other building needs identified as the increased cost of a solar battery backup that is required by Pitkin County was not considered prior to permit submittal and review. After further consideration, City and County staff agreed that it would be appropriate to add the PV system back into scope and install it during the execution of 7 the current capital project. Adding solar power back into the scope of the project offers significant benefits, including reduced energy costs and long-term savings. Solar panels provide a reliable, renewable energy source that lowers electricity bills and enhances energy independence. Additionally, solar energy supports sustainability efforts and reducing carbon footprints. FINANCIAL IMPACTS: The current value of this contract between Rudd Construction and the City is $434,434.81. This project is funded by the Asset Management Plan Fund (000), Capital Project 51249 – Animal Shelter – Energy Efficiency Upgrades. Per the IGA, Pitkin County will be reimbursing the City for half of the total project cost. Staff will utilize approximately $200,000 of City-controlled REMP funding to pay for energy efficiency upgrades to the facility. * In anticipation of this Change Order, the project budget was increased by $225,000, which was approved through the Fall Supplemental. This project is funded from within the Asset Management Plan (AMP) Fund, project #51249. The Rudd Construction Change Order would add $171,833.34 to the final project amount. *Please note, the City’s direct use of Renewable Energy Mitigation Program (REMP) funds for municipal buildings projects is relatively new. These funds aren’t filling a general budget gap but are specifically being used to expand the sustainability of our buildings. REMP funds are explicitly intended for energy efficiency and electrification projects that have marked impacts on reducing greenhouse gas emissions, which this project does. The REMP funds used for this project have allowed the City to amplify the scope for energy efficiency upgrades, reducing greenhouse gas emissions, beyond what could be done without this funding. ENVIRONMENTAL IMPACTS: This project’s primary focus is to increase the Aspen Animal shelter’s energy efficiency, which is in direct alignment with Council’s 2-year carbon goal, the Aspen Sustainability Action Plan, and the City’s adopted science-based targets for greenhouse gas emissions (63% by 2030 and 100% by 2050). Buildings account for 57% of Aspen’s greenhouse gas emissions, so action in the built environment, and the City leading by example, is of the utmost importance to achieving our climate goals. ALTERNATIVES: Council may reject resolution #004 (Series of 2025) and the photovoltaic system will not be installed. 8 RECOMMENDATIONS: Staff recommend that City Council approve resolution #004 (Series of 2025), a change order with Rudd Construction for Capital Project 51249 – Animal Shelter – Energy Efficiency Upgrades to add a photovoltaic system back into the scope of work including the now required battery backup storage, in the amount of $171,833.34. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit I: Resolution #004, 2025 – Rudd Solar Scope Change Order Exhibit II: Rudd Construction Contract for Construction Exhibit III: Rudd Construction Change Order 9 RESOLUTION #004 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND RUDD CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS there has been submitted to the City Council a contract change order for Construction Services between the City of Aspen and Rudd Construction, in the amount of $171,833.34, a true and accurate copy of which is attached hereto as Exhibit “III”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract Change Order for Construction Services, between the City of Aspen and Rudd Construction, for $171,833.34, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on the 14 th day of January 2025. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 14 th, 2025. Nicole Henning, City Clerk 10 RESOLUTION 4060 Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND RUDD CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS there has been submitted to the City Council a contract for Construction Services between the City of Aspen and Rudd Construction, a true and accurate copy of which is attached hereto as Exhibit "II"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Construction Services, between the City of Aspen and Rudd Construction, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on the 14' day of May 2024, Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, May 14th, 2024. Nicole Henning, City Clerk 11 12 DocuSign Envelope ID: 61300=2 431 E-41DCM578-18D335221446 CITY OF A$PEN STANDARD CONTRACT FOR CONSTRUCTION Project #2024=033 THIS CONTRACT, made and entered into on April 24t", 2024,- by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Rudd Construction, hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation, and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications, Compliance wifih Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Four hundred thirtv-four thousand, four hundred thirtv-four dollars and eighty-one cents ($434,434.81) DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than December 31st, 2024, subject to CCS-971.doc Page: 1 Updated:l /2024 13 DocuSign Envelope ID: 61300M2 431 E4DCM578-18D335221446 such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. yment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit are intended to supplement one another. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be CCS-971.doc Page: 2 Updated:l/2024 14 DocuSign Envelope ID: 61300C2D-431E-4DC9-9578-18D335221446 agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the CCS-971.doc Page: 3 Updated:l/2024 15 DocuSign Envelope ID: 61300=2 431 E41DC9-9578-18D335221446 character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, 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 wrongful act, omission, error, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any CCS-971.doc Page: 4 Updated:ll2024 16 DocuSign Envelope ID: 61300=2 431 E4DCM578-18D335221446 employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. a. The Contractor 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 Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract 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. Contractor shall procure and maintain and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. 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. 2. 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 CCS-971.doc Page: 5 Updated:l/2024 17 DocuSign Envelope ID: 61300=2 431 E-41DCM578-18D335221446 nall include cov rage tor Dodily injury, broad torm property damagp ncluding completed operations), personal injury (including coverage ontractual and employee acts), blanket contractual, independe ontractors, products, and completed operations. The policy shall includp overage for explosion, collapse, and underground hazards. The policy shag ombined single limits for bodily injury and property damage of not less tha NE MILLIONDOLLARS 111 111 11 occurrence and • ILLION DOLLARS 111 111 11) aggregate with respectto eac ontractor's owned, hired and non owned vehicles assigned to or used 1 ierformance of the services. The policy shall contain a severability provision,• • owned automobiles, E quirements of this Section shall be met by each employee of th ontractor providing services to the City under this contract. c. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty QQ) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above -described insurance. To the extent that the City's insurer(s) may become liable for secondary or CCS-971,doc Page: 6 Updated:l /2024 18 DocuSign Envelope ID: 61300M2 431 E-41DCM578-18D335221446 excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the recourse against the City of Aspen for assessments under any form of policy. policy or policies shall have no payment of any premiums or for Any and all deductibles in the above -described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. f. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, 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. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall 1) cease operations as directed by the Owner in the notice. 2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and 3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. CCS-971.doc Page: 7 Updated: l/2024 19 DocuSign Envelope ID: 61300C2D-431E-4DC9-9578-18D335221446 t. safflage ormle Tiction,- rproject aestroyea or aamagea Dy an rccident or disaster,-storm,flood,landslide,earthquak ubsidence, theft or vandalism, r • • • by Contractor rebuilding be paid • • ! •Paragraph bove. If, however, the estimated cost of replacement of the work alread ompleted by Contractor exceeds twenty (20%) percent of the insured sum s orth in Paragraph 15 above, City shall have the option to cancel this Contra Contractor shall • •r •reasonable cost,• • '. irofit to Contractor in the amount of ten (10%) percent, of all work performed b r - • before cancellation. myr other party shall be • r • may • ' personally delivered nade by United Statesaddressed as • • TO C Ity: City of Aspen n il, shall be deemed to have been given the same day as transmitted by elecopier or delivered personally, one day after consignment to overnight courier ervice such as Federal • - or • days afterdeposit • tates mailr as , • t . , • or certified matter, as above provided, r • ' thereonprepaid. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. b. Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior CCS-971.doc Page: 8 Updated:l/2024 20 DocuSign Envelope ID: 61300M2 431 E-41DCM578-18D335221446 to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. c. Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent, or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents, or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants, and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or CCS-971.doc Page: 9 Updated:l/2024 21 DocuSign Envelope ID: 61300M2 431 E4DCM578-18D335221446 Antractor to exercise any right arising by reason of any default by the other shall 1revent the exercise of such right while the defaulting party continues in default, no waiver of . default shall operate waiverof i other default or modification of this Contract, r ... • ontract shall be exclusive of any other remedy herein or by law provided ermitted, but each shall be cumulative and shall be in addition to every oth emedy. with, - . of _ State of Colorado. Venue • r action at law equity•shall be Pitkin County, 1roceeding to enforce any right, remedy or provision contained in this Contract, he prevailing party in such action shall be entitled to receive its attorneys' fees in onnection with such actionfrom • • a • • r noperative, unenforceable or invalid shall be inoperative, unenforceable ot nvalid without affecting the remaining provisions, and to this end the provisions thisContractare declared o • - severable. i Fees as tollows: I he Uontractor wiii not discriminate against any employee p• • employment becausecolor,- •origin,•- orientation, narital status, sexual orientation, being handicapped, a disadvantaged person, or sa e or Vietnam era veteran. The Contractor will take affirmative action to i ure that applicants are employed, and that employees are treated during emplo nent without regard to their race, color, religion, sex, national origin, sex, ag a disadvantaged person,disabled include,ira veteran. Such action shall but o be limited to,the followinImployment, upgrading, demotion or or electionAvertising; layoff or termination; rates of pay or other forms of compensation; an r training, including apprenticeship. The Contractor• - to post i onspicuous places, available to employees and applicants for employmeni otices to• -provided setting forth - provisions of • • • 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. CCS-971.doc Page: 10 Updated:l/2024 22 DocuSign Envelope ID: 61300M2 431 E-41DC9-9578-18D335221446 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. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratues, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former 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 of 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 Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal anti -kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. CCS-971.doc Page: 11 Updated:l/2024 23 DocuSign Envelope ID: 61300M2 431 E-4DCM578-18D335221446 terms,I its provisions, * representations, nodified, changed,- or •. waived, superseded or extended xcept by appropriate written instrument fully executed by the parties, SICC111011L Z)IICIII le rill Nr "ynotaffectimpairlegality, or • _. ny other provision. mendments hereto may be executed in several counterparts, each of which hall be deemed an original, and all of which together shall constitute one greement binding on the Parties, notwithstanding the possible event that all Iarties may not have signed the same counterpart. Furthermore, each Party onsents to the use of electronic signatures by either Party. The Scope of Work, nd any other documents requiring a signature hereunder, may be signed lectronically in the manner agreed to by the Parties. The Parties agree not to eny the legal effect or enforceability of the Agreement solely because it is in lectronic form or because an electronic record was used in its formation. The arties agree • to object to - admissibility of the Agreement _ form of an lectronic record, or a paper copy of an electronic documents, or a paper copy of document bearing an electronic signature, on the ground that it is an electronic a •. or osignature or f original or is not CCS-971.doc Page: 12 Updated:l/2024 24 DocuSign Envelope ID: 61300=2 431 E-41DC9-9578-18D335221446 IN WITNESS WIiERE®F, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY ®F S DF gn(cr PROFESSI®NAL. DocJu Signed by: M a E 4-281 FS%dIT fc F}i tEE9 94P8... Signature] [Signature] Sara G. Ott y: I- Itle: City Manager Title: Scott Duryea President ate: 5/16/2024 11:47:55 AM PDT ® ate: 5/6/2024 9:20:57 AM MDT Approved as to form: DocuSigned by: att,S City Attorney'sT®ff ce Standard Terms &Conditions Architectural Services Agreements can be found on city website htLOS://asl3en.gov/ lb I r/Purchasing JPW-4/25/2024-M:\city\cityatty\arch\ag 1-981.doc Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CCS-971.doc Pa;e: 13 Updated:l /2024 25 26 Page 1 of 2 Change Order Form General Information Vendor Rudd Construction Change Order Number 02 Date of Issuance 12-20-2024 Project Name Change Order 2 Aspen Animal Shelter Renovation Construction Services Project Number 2024-033.02 – CO1353713 Original RESO: 2024-060 Project Completion Date 06-01-2025 Project Manager Evan Pletcher/Ryan LaPointe COA Account Code 001.119.81200.57310.51249 Project Information Description Of Service The Animal Shelter Energy Efficiency Project was created to make the Animal Shelter more energy efficient. The project scope includes replacing the existing gas boilers with high-efficiency gas units, replacing the air handler to provide uniform heating/cooling distribution, replacing the water heater with a more efficient tank, adding insulation to the ceiling on the upper floor. The project also includes adding exterior shade shelters for dogs and other miscellaneous upgrades. Rudd Construction is our general contractor overseeing and managing the completion of this project. Description Of Change Order Add photovoltaic system back into the scope of work including the now required battery backup storage. Docusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F 27 Page 2 of 2 Contract Information Original Contract Amount $434434.81 Previous Change Order(s)$73.85 Change Order Amount (If Over $100k Change Order To Be Presented To Council For Approval) $171833.34 Final Contract Amount (Including All Change Orders) $606342.0 Revised Completion Date 06-01-2025 (unchanged from CO1) Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Docusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F 1/2/2025 | 9:46:51 AM MST 1/2/2025 | 3:54:04 PM MST 1/3/2025 | 9:30:16 AM MST 1/3/2025 | 9:35:20 AM MST 28 Project:CO#31.0 LS -$ -$ $56,778.29 56,778.29$ 56,778.29$ 1.0 HRS -$ -$ 115,055.05$ 115,055.05$ 115,055.05$ HRS -$ 120.00$ -$ -$ -$ HRS -$ 129.50$ -$ -$ -$ -$ 9.6%-$ -$ -$ 171,833.34$ 171,833.34$ 0%-$ TOTAL COST 171,833.34$ Date:Rudd Construction signature Owner or Owners Rep Authorized signatureApproved:Superintendent time for discovery, meetings and documentation Project Manager time for discovery, pricing, documentation, and meetings General Conditions (In Above)Materials Tax SUBTOTALContractors fee (INC IN NUMBERS ABOVE) U.P.S Sub/Equip Total TotalFrom previously submitted CO 1From previously submitted CO 2 885 Aspen Animal Shelter Description of Work:Adding Solar work back into the contract after Council approval of additional funds for the project, This includes the work for the battery backup previously submitted as CO 1 and the work removed with CO 2. Both CO's attached for backup. List of QuantitiesDescriptionQuantitiesLBLU.P.M Material Total U.P.L Labor Totalwww.ruddconstruction.comDocusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F29 Project:CO#11.0 LS 0.00 0.00 41,148.05$ 41,148.05 41,148.051.0 EA 1,150.00 1,150.00 250.00 250.000.00 1,400.001.0 EA 0.00 0.00 750.00$ 750.00 750.001.0 EA 0.00 0.00 250.00$ 250.00 250.001.0 EA 50.00 50.00 150.00 150.00 1,150.00$ 1,150.00 1,350.001.0 EA 750.00 750.00 150.00 150.000.00 900.008.0 HRS 0.00 120.00 960.000.00 960.006.0 HRS 0.00 129.50 777.000.00 777.00HRS 0.00 120.00 0.000.00 0.0015.0 HRS 0.00 129.50 1,942.500.00 1,942.504.5%$2,1390.0%$0$1,950.00 $4,229.50 $43,298.05 $51,61710%$5,162TOTAL COST $56,778.29Date:Owner or Owners Rep Authorized signatureList of QuantitiesU.P.M Material Total U.P.LContractors feeRudd Construction signature Approved:Drywall over windowSmoke alarm Signage and Knoxbox General Conditions Materials Tax SUBTOTAL885 Aspen Animal Shelter Sunsense solar cost (See Sunsense backup) New Fire rated door for room with panic hardwareProject Manager time for discovery, pricing, documentation, and meetings Sunsense solar backup battery as required by Pitkin County Code for solar installations. When the City of Aspen solicited the pricing for the 25Kw solar system at the Animal Shelter it was not clear that the system would be required to have battery backup per Pitkin County. Upon signing Sunsense Solar and them working on system designs it was understood there wasn't an exemption or work around for the City on the battery needs. This CO covers the labor, materials and installation of the Code compliant battery backup into the isolation kennel. This includes the work needed to make the room a 2hr enclosure. DescriptionQuantitiesLBL U.P.S Sub/Equip TotalLabor TotalTotalProject Management of work Supervision of work Wall and Drywall to cover Fire riser, hose bib and fan area. Superintendent time for discovery, meetings and documentation Description of Work:www.ruddconstruction.comDocusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F30 DATE:PROJECT NAME:CHANGE ORDER #:1 PROJECT MANAGER:CONTRACT DATE:5/24/2024 REASON FOR CHANGE: Quantity UOM Unit Rate Extended Cost 1 unit 41,148.05$ 41,148.05$ Qty UOM Unit Rate Extended Cost -$ -$ -$ -$ 96,206.87$ -$ -$ 41,148.05$ 137,354.92$ ORIGINAL CONTRACT SUM COST OF PREVIOUS CHANGE ORDERS (IF ANY) Add 31.8kWh DECA ESS and 30k 3P-208 SolArk Inverter Aspen Animal Shelter Thomas Johnson Total Labor Cost: Total Material Cost: 9/6/2024 Materials: Final Completion: 11/30/2024 12/20/2024 TOTAL COST OF CHANGES 41,148.05$ CHANGE ORDER EFFECT ON COMPLETION DATES (Please check appropriate box) This Change Order shall NOT affect the dates of Substantial or Final Completion. REVISED CONTRACT AMOUNT PRINTED NAME PREVIOUSLY REVISED TOTAL COST OF CURRENT CHANGE ORDER REVISED CONTRACT SUM: SUNSENSE APPROVALS This Change Order WILL affect the Completion dates. The revised dates are below: Substantial Completion: TITLE DATE CHANGE ORDER FORM Solar Consultant Chris Howard CLIENT APPROVAL SIGNATURE Description 31.8kWh DECA ESS and 30k 3P-208 SolArk Inverter and Labor and Add'l Materials Description Labor: Docusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F 31 Project:CO#2-1.0 LS -$ -$ 108,650.00$ (108,650.00)$ (108,650.00)$ -1.0 HRS -$ -$ 16,298.00$ (16,298.00)$ (16,298.00)$ 1.0 HRS -$ -$ 17,762.50$ 17,762.50$ 17,762.50$ 20.0 HRS -$ 129.50$ 2,590.00$ -$ 2,590.00$ Total Deduction (104,595.50)$ HRS -$ 120.00$ -$ -$ -$ HRS -$ 129.50$ -$ -$ -$ -$ 9.6%-$ -$ 2,590.00$ (107,185.50)$ (104,595.50)$ 10%(10,459.55)$ TOTAL COST (115,055.05)$ Date:Total Solar deduction from EstimateTotalSuperintendent time for discovery, meetings and documentation Project Manager time for discovery, pricing, documentation, and meetings General Conditions (In Above)Materials Tax SUBTOTALSolar General Conditions from Estimate Rudd Project Management work for Solar, battery discussions, Solar redline plans being produced, and meetings on solarSunsense Bill for redline plans and job set up Rudd Construction signature Contractors fee885 Aspen Animal Shelter Description of Work:Removal of Solar from the Scope of WorkList of QuantitiesDescriptionQuantitiesLBLU.P.M Material Total U.P.L Labor Total U.P.S Sub/Equip TotalApproved:Owner or Owners Rep Authorized signaturewww.ruddconstruction.comDocusign Envelope ID: 2B28B133-13EF-4D9F-B5DB-493D1C8D006F32 Page 1 of 2 Change Order Form General Information Vendor Rudd Construction Change Order Number 01 Date of Issuance 12-20-2024 Project Name Change Order 1 Aspen Animal Shelter Renovation Construction Services Project Number 2024-033.01 – CO1353712 Project Completion Date 06-01-2025 Project Manager Evan Pletcher/Ryan LaPointe COA Account Code 001.119.81200.57310.51249 Project Information Description Of Service The Animal Shelter Energy Efficiency Project was created to make the Animal Shelter more energy efficient. The project scope includes replacing the existing gas boilers with high-efficency gas units, replacing the air handler to provide uniform heating/cooling distribution, replacing the water heater with a more efficient tank, adding insulation to the ceiling on the upper floor. The project also includes adding exterior shade shelters for dogs and other miscellaneous upgrades. Rudd Construction is our general contractor overseeing and managing the completion of this project. Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 33 Page 2 of 2 Description Of Change Order Relocate original solar funds for the following scope: Door kick plates x34, sheetmetal on exterior doors x5, laundry room work, epoxy flooring for surgical room, cat room sink and cabinet work, exterior flagstone, kennel area caulking, kennel area windows, drywall ceiling in grooming room, miscellaneous painting throughout the facility. Contract Information Original Contract Amount $434434.81 Previous Change Order(s)$0.0 Change Order Amount (If Over $100k Change Order To Be Presented To Council For Approval) $73.85 Final Contract Amount (Including All Change Orders) $434508.66 Revised Completion Date 06-01-2025 Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 1/2/2025 | 9:43:52 AM MST 1/2/2025 | 3:52:44 PM MST 1/3/2025 | 9:29:15 AM MST 1/3/2025 | 9:31:50 AM MST 1/3/2025 | 9:41:20 AM MST 34 Project: CO#4 1.0 LS -$ -$ 5,630.40$ 5,630.40$ 5,630.40$ 1.0 LS -$ -$ 1,863.00$ 1,863.00$ 1,863.00$ 1.0 LS -$ -$ 1,745.70$ 1,745.70$ 1,745.70$ 1.0 LS -$ -$ 16,353.07$ 16,353.07$ 16,353.07$ 1.0 LS -$ -$ 6,003.00$ 6,003.00$ 6,003.00$ 1.0 LS -$ -$ 1,311.00$ 1,311.00$ 1,311.00$ 1.0 LS -$ -$ 3,982.00$ 3,982.00$ 3,982.00$ 1.0 LS -$ -$ 10,582.01$ 10,582.01$ 10,582.01$ 1.0 LS -$ -$ 11,826.60$ 11,826.60$ 11,826.60$ 1.0 LS -$ -$ 39,000.00$ 39,000.00$ 39,000.00$ Added Work 98,296.78$ HRS -$ 120.00$ -$ -$ -$ 15.0 HRS -$ 129.50$ 1,942.50$ -$ 1,942.50$ 4.5% 4,423.36$ 9.6% -$ -$ 1,942.50$ 98,296.78$ 104,662.64$ 10% 10,466.26$ TOTAL COST 115,128.90$ Date: Painting scope TBD (The Scope of work will be used to round out the overall budget for the project after ALL allowances and added work are completed, or reasonably close to completion for for final cost estimation) Rudd Construction signature Owner or Owners Rep Authorized signature Materials Tax SUBTOTAL Contractors fee Superintendent time for discovery, meetings and documentation Project Manager time for discovery, pricing, documentation, and meetings General Conditions Sheetmetal on Doors 5ea TotalDescriptionQuantitiesLBLU.P.M Material Total 885 Aspen Animal Shelter Description of Work: Additional work to best utilize the designated funds List of Quantities U.P.L Labor Total U.P.S Sub/Equip Total Flagstone Kennel area Caulking Kennel area Windows Drywall Ceiling in Grooming Room Work added to scope Door Kick Plates 34ea Laundry room work Surgical room floor Cat Room sink and Cabinet work Approved: www.ruddconstruction.com Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 35 Project:CO#2-1.0 LS -$ -$ 108,650.00$ (108,650.00)$ (108,650.00)$ -1.0 HRS -$ -$ 16,298.00$ (16,298.00)$ (16,298.00)$ 1.0 HRS -$ -$ 17,762.50$ 17,762.50$ 17,762.50$ 20.0 HRS -$ 129.50$ 2,590.00$ -$ 2,590.00$ Total Deduction (104,595.50)$ HRS -$ 120.00$ -$ -$ -$ HRS -$ 129.50$ -$ -$ -$ -$ 9.6%-$ -$ 2,590.00$ (107,185.50)$ (104,595.50)$ 10%(10,459.55)$ TOTAL COST (115,055.05)$ Date:Total Solar deduction from EstimateTotalSuperintendent time for discovery, meetings and documentation Project Manager time for discovery, pricing, documentation, and meetings General Conditions (In Above)Materials Tax SUBTOTALSolar General Conditions from Estimate Rudd Project Management work for Solar, battery discussions, Solar redline plans being produced, and meetings on solarSunsense Bill for redline plans and job set up Rudd Construction signature Contractors fee885 Aspen Animal Shelter Description of Work:Removal of Solar from the Scope of WorkList of QuantitiesDescriptionQuantitiesLBLU.P.M Material Total U.P.L Labor Total U.P.S Sub/Equip TotalApproved:Owner or Owners Rep Authorized signaturewww.ruddconstruction.comDocusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D36 RESOLUTION 4060 Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND RUDD CONSTRUCTION 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 contract for Construction Services between the City of Aspen and Rudd Construction, a true and accurate copy of which is attached hereto as Exhibit "II"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Construction Services, between the City of Aspen and Rudd Construction, 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 14' day of May 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, May 14th, 2024. Nicole Henning, City Clerk Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 37 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 38 DocuSign Envelope ID: 61300=2 431 E-41DCM578-18D335221446 CITY OF A$PEN STANDARD CONTRACT FOR CONSTRUCTION Project #2024=033 THIS CONTRACT, made and entered into on April 24t", 2024,- by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Rudd Construction, hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation, and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications, Compliance wifih Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Four hundred thirtv-four thousand, four hundred thirtv-four dollars and eighty-one cents ($434,434.81) DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than December 31st, 2024, subject to CCS-971.doc Page: 1 Updated:l /2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 39 DocuSign Envelope ID: 61300M2 431 E4DCM578-18D335221446 such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. yment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit are intended to supplement one another. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be CCS-971.doc Page: 2 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 40 DocuSign Envelope ID: 61300C2D-431E-4DC9-9578-18D335221446 agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the CCS-971.doc Page: 3 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 41 DocuSign Envelope ID: 61300=2 431 E41DC9-9578-18D335221446 character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, 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 wrongful act, omission, error, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any CCS-971.doc Page: 4 Updated:ll2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 42 DocuSign Envelope ID: 61300=2 431 E4DCM578-18D335221446 employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor 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 Contractor, 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 Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. a. The Contractor 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 Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract 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. Contractor shall procure and maintain and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. 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. 2. 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 CCS-971.doc Page: 5 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 43 DocuSign Envelope ID: 61300=2 431 E-41DCM578-18D335221446 nall include cov rage tor Dodily injury, broad torm property damagp ncluding completed operations), personal injury (including coverage ontractual and employee acts), blanket contractual, independe ontractors, products, and completed operations. The policy shall includp overage for explosion, collapse, and underground hazards. The policy shag ombined single limits for bodily injury and property damage of not less tha NE MILLIONDOLLARS 111 111 11 occurrence and • ILLION DOLLARS 111 111 11) aggregate with respectto eac ontractor's owned, hired and non owned vehicles assigned to or used 1 ierformance of the services. The policy shall contain a severability provision,• • owned automobiles, E quirements of this Section shall be met by each employee of th ontractor providing services to the City under this contract. c. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty QQ) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above -described insurance. To the extent that the City's insurer(s) may become liable for secondary or CCS-971,doc Page: 6 Updated:l /2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 44 DocuSign Envelope ID: 61300M2 431 E-41DCM578-18D335221446 excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the recourse against the City of Aspen for assessments under any form of policy. policy or policies shall have no payment of any premiums or for Any and all deductibles in the above -described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. f. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, 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. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall 1) cease operations as directed by the Owner in the notice. 2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and 3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. CCS-971.doc Page: 7 Updated: l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 45 DocuSign Envelope ID: 61300C2D-431E-4DC9-9578-18D335221446 t. safflage ormle Tiction,- rproject aestroyea or aamagea Dy an rccident or disaster,-storm,flood,landslide,earthquak ubsidence, theft or vandalism, r • • • by Contractor rebuilding be paid • • ! •Paragraph bove. If, however, the estimated cost of replacement of the work alread ompleted by Contractor exceeds twenty (20%) percent of the insured sum s orth in Paragraph 15 above, City shall have the option to cancel this Contra Contractor shall • •r •reasonable cost,• • '. irofit to Contractor in the amount of ten (10%) percent, of all work performed b r - • before cancellation. myr other party shall be • r • may • ' personally delivered nade by United Statesaddressed as • • TO C Ity: City of Aspen n il, shall be deemed to have been given the same day as transmitted by elecopier or delivered personally, one day after consignment to overnight courier ervice such as Federal • - or • days afterdeposit • tates mailr as , • t . , • or certified matter, as above provided, r • ' thereonprepaid. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. b. Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior CCS-971.doc Page: 8 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 46 DocuSign Envelope ID: 61300M2 431 E-41DCM578-18D335221446 to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. c. Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent, or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents, or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants, and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or CCS-971.doc Page: 9 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 47 DocuSign Envelope ID: 61300M2 431 E4DCM578-18D335221446 Antractor to exercise any right arising by reason of any default by the other shall 1revent the exercise of such right while the defaulting party continues in default, no waiver of . default shall operate waiverof i other default or modification of this Contract, r ... • ontract shall be exclusive of any other remedy herein or by law provided ermitted, but each shall be cumulative and shall be in addition to every oth emedy. with, - . of _ State of Colorado. Venue • r action at law equity•shall be Pitkin County, 1roceeding to enforce any right, remedy or provision contained in this Contract, he prevailing party in such action shall be entitled to receive its attorneys' fees in onnection with such actionfrom • • a • • r noperative, unenforceable or invalid shall be inoperative, unenforceable ot nvalid without affecting the remaining provisions, and to this end the provisions thisContractare declared o • - severable. i Fees as tollows: I he Uontractor wiii not discriminate against any employee p• • employment becausecolor,- •origin,•- orientation, narital status, sexual orientation, being handicapped, a disadvantaged person, or sa e or Vietnam era veteran. The Contractor will take affirmative action to i ure that applicants are employed, and that employees are treated during emplo nent without regard to their race, color, religion, sex, national origin, sex, ag a disadvantaged person,disabled include,ira veteran. Such action shall but o be limited to,the followinImployment, upgrading, demotion or or electionAvertising; layoff or termination; rates of pay or other forms of compensation; an r training, including apprenticeship. The Contractor• - to post i onspicuous places, available to employees and applicants for employmeni otices to• -provided setting forth - provisions of • • • 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. CCS-971.doc Page: 10 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 48 DocuSign Envelope ID: 61300M2 431 E-41DC9-9578-18D335221446 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. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratues, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former 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 of 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 Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal anti -kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. CCS-971.doc Page: 11 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 49 DocuSign Envelope ID: 61300M2 431 E-4DCM578-18D335221446 terms,I its provisions, * representations, nodified, changed,- or •. waived, superseded or extended xcept by appropriate written instrument fully executed by the parties, SICC111011L Z)IICIII le rill Nr "ynotaffectimpairlegality, or • _. ny other provision. mendments hereto may be executed in several counterparts, each of which hall be deemed an original, and all of which together shall constitute one greement binding on the Parties, notwithstanding the possible event that all Iarties may not have signed the same counterpart. Furthermore, each Party onsents to the use of electronic signatures by either Party. The Scope of Work, nd any other documents requiring a signature hereunder, may be signed lectronically in the manner agreed to by the Parties. The Parties agree not to eny the legal effect or enforceability of the Agreement solely because it is in lectronic form or because an electronic record was used in its formation. The arties agree • to object to - admissibility of the Agreement _ form of an lectronic record, or a paper copy of an electronic documents, or a paper copy of document bearing an electronic signature, on the ground that it is an electronic a •. or osignature or f original or is not CCS-971.doc Page: 12 Updated:l/2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 50 DocuSign Envelope ID: 61300=2 431 E-41DC9-9578-18D335221446 IN WITNESS WIiERE®F, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY ®F S DF gn(cr PROFESSI®NAL. DocJu Signed by: M a E 4-281 FS%dIT fc F}i tEE9 94P8... Signature] [Signature] Sara G. Ott y: I- Itle: City Manager Title: Scott Duryea President ate: 5/16/2024 11:47:55 AM PDT ® ate: 5/6/2024 9:20:57 AM MDT Approved as to form: DocuSigned by: att,S City Attorney'sT®ff ce Standard Terms &Conditions Architectural Services Agreements can be found on city website htLOS://asl3en.gov/ lb I r/Purchasing JPW-4/25/2024-M:\city\cityatty\arch\ag 1-981.doc Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CCS-971.doc Pa;e: 13 Updated:l /2024 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 51 Docusign Envelope ID: 0CCC1727-1732-487C-AA1B-AFA6B175A76D 52 1 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 3, 2024 Mayor Torre called the meeting to order at 5:12 p.m. with Councilors Doyle, Hauenstein, Rose, and Guth present. CITIZEN COMMENTS: Toni Kronberg – Ms. Kronberg said she is here speaking on the Castle Creek bridge and entrance to Aspen. She applauds Council because they are working toward a solution. She was hoping the EIS process would be honored. We are looking for a real solution. Marolt is premature. She was a candidate for Pitkin County Commissioner, and she wasn’t expecting to win, but she went into it because of Highway 82. She spoke about an alert all along the highway this morning and how backed up it was. She won’t stop on her efforts. She brought in her posters for the skycab proposal. She thanked Mayor Torre at the last EOTC meeting about funding a feasibility study. Ben Wolf – Mr. Wolf said he is the General Manager at Frias Properties. As the STR renewal permit process began this week, he was reminded of the HOA affidavit. He gets the bulk of these emails to sign off on, and it is an inefficient process and creates a lot of extra work and he is wondering about making this process easier. Councilor Guth asked if the update being presented tonight addressed any of his concerns. Mr. Wolf said no, the changes are just clarifications. He has no concerns about the updates. COUNCIL MEMBER COMMENTS: Councilor Doyle spoke about the very warm fall and fires that are still burning on the east coast. He read from CNN on a sign of things to come. Every region of the country has warmed due to climate change. Councilor Guth thanked Mike Harrington for bringing Jerry Seinfeld to the Wheeler. He is excited for the relaunch and reinvigorating the Aspen Laugh Fest. With thanksgiving next week, he thanked Aspen staff for their work. Mayor Torre said people can sign up for the Wheeler Insiders pass, which gets some discounts to the locals. He recognized the new speed sign at Aspen and Hyman streets. It’s noticeable and thank you to engineering. There is an extension of the deadline for the youth art program. Get information about this program from aspen.gov and look at the SIO page. There is a new Map Aspen GIS tool. Tomorrow in Pearl Pass from 11-1 there will be a get together on how to use the new tool. The entrance to Aspen survey that has been sent out. Thank you, Toni, for working together collaboratively. This survey is to take the temperature of the community. We encourage everyone to share their voice. CITY MANAGER COMMENTS: None. BOARD REPORTS: Councilor Doyle said he and Councilor Hauenstein had APCHA where they reviewed seller standard updates. Councilor Hauensteinsaid they spoke about the 5-yearstrategic plan and how to take care of assets we have. Mayor Torre said he had RFTA and they are talking about budget. He has also volunteered to be on the First Last Mile Mobility Committee. 53 2 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 3, 2024 CONSENT CALENDAR: Councilor Doyle motioned to approve; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #16, Series of 2024 – Fall Supplemental Budget - Matt Grau Mr. Grau introduced the item and said there were no changes made from first reading. Mayor Torre opened and closed the public hearing. Councilor Rose motioned to approve Ordinance #16; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Ordinance #17, Series of 2024 – 2025 Fee Ordinance – Matt Grau Mr. Grau explained the changes. Staff does recommend a change to the parking fee structure at this time. Councilor Guth said they need to discuss right of way encroachment fees. That could be significant to someone who is in the midst of construction. This would apply during a waterline replacement. Mayor Torre opened the public hearing. Chris Bryan – Mr. Bryan said he submitted a letter via public comment yesterday along with minutes from a prior meeting where he commented. He thinks it’s absolutely a shame that there is no rational basis for this. We don’t even understand where 20.00 came from. He won’t read the letter, but he will take issue with the first reading memo to “encourage limited use”. The incentive argument doesn’t line up. The memo from tonight says we are doing this for cost recovery. What costs are you recovering? He threatened with a lawsuit if not amended. Councilor Hauensteinsaid he agrees with everything Mr. Bryan said. He recommends fees be what they are now. A lengthy discussion ensued. Mayor Torre suggested for tonight, we move forward with our fee ordinance and put this item on a delay. There is an impact to the public. Councilor Hauensteinasked to pull this and TBD to a future date. Councilor Guth motioned to approve with the following modifications: all day reserved parking spaces only to 80.00/day and making them equal, leaving the core at 9.00 per square foot per month and outside of core, shall remain at 7.00 dollars; Councilor Rose seconded. City Attorney, James R. True, asked for clarification. The second part is not in the current table, and they would need to add this. They would need to add language or a line item on page 12 of the ordinance. Amending 4th line of construction commercial per day 80. Construction commercial would decrease from 100 to 80. 54 3 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 3, 2024 Councilor Guth restated his motion. Mayor Torre said he won’t support this motion. Councilor Guth said he doesn’t want to modify the residential construction rate. He would like to modify his motion. Ms. Ott suggested to withdraw the original motion and restate. Councilor Guth withdrew and restated the motion. Councilor Rose offered a friendly to keeping fees as is. Councilor Guth accepted the friendly amendment. Councilor Guth withdrew his motion and made a new motion to approve with the amendment to keep base costs as is; Councilor Rose seconded. Councilor Hauenstein said he is confused about the miscellaneous parking. He can’t support. Mayor Torre said he won’t support. He thinks there should be a small increase that even Mr. Bryan referred to earlier. No change is not going in the right direction. Roll call vote: Doyle, no; Guth, yes; Hauenstein, yes; Rose, yes; Torre, no. 3-2, motion carried. Ordinance #20, Series of 2024 – Changes to Title 25 – Justin Forman & Cole Langford Mr. Forman introduced the item. He said nothing has changed since first reading. Council asked about rate burden. Mr. Forman said the raising of rates isn’t something they take lightly. They would like to highlight a three-dollar change. Mayor Torre opened and closed the public hearing. Mayor Torre motioned to approve; Councilor Doyle seconded. Councilor Guth said he has trouble supporting this. He’s fine with everything but the tap fees. Mayor Torre opened and closed the public hearing. Mayor Torre motioned to approve Ordinance #20; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, no; Hauenstein, yes; Rose, yes; Torre, yes. 4-1, motion carried. Mayor Torre said they would like additional information on the tap fees for Councilor Guth. ACTION ITEMS: Resolution #137, Series of 2024 – Update to STR Program Guidelines - Emmy Garrigus and Ben Anderson Ms. Garrigus introduced the item. This document contains a user manual. The current version was adopted in 2022. There are no policy changes, just informational additions only and improved organization. The renewal program is now open for next year. They will come for a work session in Q1 and will then discuss policy changes. 55 4 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 3, 2024 Councilor Doyle motioned to approve; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. 2025 EOTC Budget – John Peacock & Linda DuPriest Ms. DuPriest said they are addressing two sets of questions that council members had for follow up. A discussion took place and Council asked questions. 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. APCHA Board Applicants Mayor Torre said there were two applicants: Scott and Dr. John. Councilor Rose said he prefers Scott. Councilor Hauenstein said he prefers Scott. Councilor Doyle said he is choosing Scott. Councilor Guth said he prefers John. Mayor Torre said he prefers Scott. Mayor Torre said he will give this information back to the County. EXECUTIVE SESSION: Mr. True introduced the item. Councilor Rose motioned to move into executive session; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 7:56 p.m. ______________________ City Clerk, Nicole Henning 56 1 SPECIAL MEETING ASPEN CITY COUNCIL DECEMBER 9, 2024 Mayor Torre called the meeting to order at 4:00 p.m. with Councilors Doyle, Hauenstein, Rose, and Guth present. Mayor Torre said this meeting is to deal with a couple of action items and then move into an executive session. CITIZEN COMMENTS: None. BOARD & COMMISSION UPDATES: Mayor Torre had a First Last Mile meeting this week and will have a full RFTA meeting this week as well. ACTIONS ITEMS: Resolution #128, Series of 2024 – Annual Mill Levy Adoption – Matt Grau and Pete Strecker Mr. Grau introduced the item. Staff are recommending approval. Councilor Rose motioned to approve Resolution #128; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Considerations for Council in Recruitment and Selection of New City Attorney –Alissa Farrell &Diane Foster Ms. Farrell said she has worked with City Attorney, James R. True, for his entire career with the city. She thanked him for his service. She said they have three questions for Council today for the recruitment of a new city attorney. First, she asked if the recruitment should wait until after the March election, second, she asked if it should be an internal or external posting and then what type of support they would need. Mayor Torre said they should start the process now and should have the ability for the changeover to be commensurate with Mr. True’s contract date. The other Councilors agreed. Councilor Rose said the posting should be internal. Councilor Guth said he would like to start internally. Councilor Doyle is happy with that position. Councilor Hauenstein is comfortable with an internal posting. Ms. Farrell suggested they draft a job description and posting and bring back to Council to review. Mayor Torre asked if Council would like to see this. Councilor Guth said he doesn’t need to see it. City Manager, Sara Ott, said they should bring this back on January 7th for review. Mayor Torre agreed to have this on the agenda for the 7th. Mr. True introduced the executive session and said they will adjourn the meeting in Electric Pass. Mayor Torre asked if they could stay in Council Chambers and adjourn the meeting there. Mr. True said the can stay put, they will just turn off the Grassroots broadcast. Councilor Doyle motioned to move into executive session; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. 57 2 SPECIAL MEETING ASPEN CITY COUNCIL DECEMBER 9, 2024 ______________________ City Clerk, Nicole Henning 58 1 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein, Rose, and Guth present. Mayor Torre announced an award for Koch Park for the Engineering department. Tim Karf, Wyatt Young, Jack Danneberg, and Excavation Services, Inc. were recognized. CITIZEN COMMENTS & PETITIONS: Peter Fornell – Mr. Fornell said he is a member of the Historic Preservation Commission. He had a special email created after he joined to communicate with members and city staff. He spoke about CORA requests and how people aren’t familiar with them. He said a recent CORA took two weeks and they are supposed to take 72 hours. He is going to request that we produce email addresses for all board and commission members to use. Councilor Guth said it’s a great idea to have staff look into. Mr. Fornell thanked City Attorney, James R. True for his years of service. Scott Woolley – Mr. Woolley said he was born and raised in Aspen. He spoke about the entrance to Aspen. He doesn’t care about any particular plan because for him, this is about trusting the people of Aspen to decide their own future. This will only happen if we trust in democracy and allow the people to have their voices heard. He spoke about Resolution #147. Aspen deserves progress so please put this issue on the ballot. Paul Anderson – Mr. Anderson said he is coming with a gift. Last winter, he wrote a ten-part series about Aspen community. He decided to make that into a book, and it focuses on “regionalism”. He has 40 years of experience in journalism in the valley. He spoke about Crested Butte’s fight against a corporation. This book contains messages and ideas that are worthwhile. It is titled, “In Search of Community”. He gifted the book to Council. Mayor Torre asked if it’s available to the general public. Mr. Anderson said he will be making it available for free. Bob Dillon – Mr. Dillon said he is a resident of Chateau Chaumont. He said the W Hotel is proposing a tent on their wet deck. He understands it was withdrawn. He wants to comment anyway on issues with the W. He represents all of the residences surrounding. We’ve had several meetings with Mr. Sarpa and Jim True voicing concerns over noise, etc. and the good neighbor aspect has not shown through. We have 150 units who will sign petitions about this and not honoring the wet deck policy to be a free pool. He congratulated Mr. True on his retirement. Ann Mullins – Ms. Mullins congratulated Mr. True and said he will be greatly missed. She has always appreciated his presence and his council. She is here to support Resolution #147. She is part of the petition committee. It’s time to put this to a vote. If this isn’t approved, she would ask them to reconsider Resolution #111. This is how democracy should work. Mayor Torre said it would be wonderful if we had accurate information out there. This question may be a little untimely. Ms. Mullins said more importantly, she is supporting the fact that it’s time for the community to weigh in. 59 2 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 Councilor Guth said he doesn’t feel the electorate is well informed. Ken Rifkin – Mr. Rifkin said he is part of the neighborhood alliance. He wants to stop the W from parking in the fire lane. They are following their own playbook. The Ski patrol said the W regularly restricts access to the emergency parking. Ambulances have been blocked. The W uses their loading zones for other purposes. He spoke about using the loading zone for a bar also. Councilor Guth said he thinks the city needs its own tow truck. He supports aggressive message setting on this. Mayor Torre asked for current status from Mr. True. The parking department, police, and others all have worked hard with the W for compliance. Ticketing is done when it’s an observable violation. We are doing the best the city can to address the issues. John Sarpa – Mr. Sarpa said he is one of the developers of the property. He says it’s the Nell and others who are having issues with the ambulances. It’s a compressed area. His request is that he would like to work with planning and engineering and come up with a better plan. He agrees it’s not working. Tyler Christoff said they have spoken and are happy to participate in that process. Mr. Sarpa thanked Mr. True for all of his years of service. Rachel Richards – Ms. Richards thanked Mr. True for his service. She spoke about the initiative process. She said their petition is legal under Colorado law. She said Mr. Guth has sent out a newsletter asking people not to sign the petition. Ken Johnson – Mr. Johnson spoke about a fire-resistant foam that can be sprayed on homes. He said he has a spray and an ad that should be in everyone’s mailboxes. His foam would protect people’s homes from fires. It’s a very good product. He is a local Aspenite and so is his business. Councilor Rose asked him to connect with the wildfire team. He says he has spoken with them, but no one has gotten back to him. Councilor Rose said he would connect him with the right people. Francis Stuckins – Mr. Stuckins said it’s Klaus Obermeyers birthday. He said let’s resolve our differences. It’s the holidays. He liked what he heard about this being a democracy. He spoke about a consumption lounge again. He spoke about Gonzo and a forward-thinking community with weirdness. Councilor Hauenstein asked if he could bring in Snoop Dogg to help market this. Martha Tierney – Ms. Tierney said she is an attorney who specializes in election law. She is speaking about Resolution #147. She referenced the Vagneur case which is much different than this charter amendment. This is more akin to zoning and absolutely under the legislative process. Kelly McNicholas Kury – Ms. McNicholas Kury said congratulations to Jim True and happy holidays to everyone. She is here speaking about the bridge petitions. She is on the committee to give CDOT permissions. We have to get to the plan that lets us have a second bridge. The citizens of Aspen deserve to vote on it. She thinksthe airport and this issue are interchangeable. We should take all measures to be better prepared for wildfire. COUNCILOR COMMENTS: 60 3 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 Councilor Rose said he would like to offer his condolences to the family of Lisa Sabatka. She was struck by a car while crossing Highway 82. It might have been preventable, but he doesn’t know the history of this area where she was struck. He is wondering if we can get more information about pedestrian safety when crossing there. Tyler Christoff said this is a state highway so it would need to be approved by CDOT as well. The rest of Council were receptive to receiving more information on this. Councilor Rose also mentioned an email received from Lift Up. Councilor Doyle said as we start the winter ski season, the main reason he is here is because of his concern for the environment. We have lost 30 days minimum of frost. He shared a story from the Toronto Star. Merry Christmas and Happy New Year to all. Councilor Hauensteinwished everyone a happy holiday season. As we enter some contentious issues on the entrance to Aspen, it affects our whole community. He trusts the voters will decide. When it’s all over, I hope we can all embrace each other. Mayor Torre said the questions that will be on the ballot is unclear. This is akin to the lift 1A vote that went on. We are in the middle of a public process that started years ago. This is not clear. It’s gone off the rails. To his city staffers, happy holidays and happy new year. He hopes they take a decent break. To his fellow council members, happy holidays. To the citizens of Aspen, this is his last Christmas break sitting in the Mayor’s seat. This has been nothing but an honor sitting here and wishes everyone the best in the new year. He also sends his sentiments to Lisa’s family. He mentioned Soupskol. He spoke about snow removal and community responsibility. The City is urging everyone to comply with winter rules. He spoke about cocoa with cops. Lastly, he mentioned the Lift Up request. He said an email was sent to them asking to make the food tax refund available to them. He said a donation could be an option. Mayor Torre sent the email to finance and legal as well to get their opinions. We need a council request for more information. Council agreed to hear more information. Councilor Guth said it’s the only food pantry available to the whole valley. He supports them personally. He thinks it should be exclusive to Lift Up. The nature of this tax makes sense for this nonprofit. Councilor Rose said his suggestion is for a hyperlink to a list of nonprofits. Then people can have an option. It’s more fair. Mayor Torre also mentioned Food Bank of the Rockies. Pete Strecker congratulated Jim True. He said they would have to hold the food tax application until they make a decision so that will be a bit of an issue. Councilor Guth suggesteddoing this for the following year, so they have time to make a decision. Council agreed to pick it back up next year. BOARD REPORTS: Councilor Doyle spoke about CORE and said they metwith Debbie Braun and ACRA. Tessa Schreiner is now the board chair. He said the CORE holiday party was a huge success and well attended. 61 4 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 Mayor Torre had RFTA and said a strike from the drivers’ union has been avoided. He said the holidays are not the happiest time for everyone. Please be aware of others. He spoke about mental health and said there are so many resources available. CONSENT CALENDAR: Councilor Guth pulled Resolution #144 and #145. Resolution #144, Series of 2024 – Jack Dannenberg & Trish Aragon Councilor Guth said there was only one bidder. This should attract more than one bidder. He asked what the problem is. Mr. Christoff said this is top of mind for staff. On this one in particular, it was scope of work and other projects going on in the region at the same time. This is something we explore after the fact and ask why or why it was not attractive. Mr. Dannenberg said they have made changes to how they bid these projects. He is going to contractor meetings on the western slope to conjure interest. We have seen an increase in interest but yes, being at the top of the valley and having a small project that is scattered around our community, we don’t attract the same amount of bidders as a highway project would. Ms. Aragon said they are very pleased with Frontier and past performance. Councilor Guth said we owe this some study. Councilor Hauenstein said this isn’t a blame issue with the city of Aspen. Councilor Guth motioned to approve the Consent Calendar; Councilor Rose seconded. All in favor, motion carried. NOTICE OF CALL UP: 325 W. Hopkins Avenue – Relocation and Major Development Approval of a Designated Historic Property – Gillian White Ms. White introduced the item and said staff is recommending council uphold HPC’s decision. Mayor Torre said there is no motion for call up. FIRST READING OF ORDINANCES: Ordinance #21, Series of 2024 – Adoption of Chapter 29.02 Construction and Demolition Debris Diversion – Ainsley Brosnan-Smith, Ben Anderson and Trish Aragon Ms. Brosnan-Smith described the background as to why they are here tonight. She spoke about Council’s carbon goal, Aspen’s Sustainability Action Plan, Pitkin County Ordinance, and the May 13th work session. She spoke about stakeholder engagement and feedback. She gave a high-level overview of the ordinance. Councilor Guth asked the Council table if this is approved tonight, will they do away with the demolition program. Mayor Torre said no, he won’t commit to that tonight because he will need to see how this interfaces with the demo permit program. He is supportive of amending it but not eliminating. Councilor Guth said he can’t take him at his word. Mayor Torre said he doesn’t appreciate being threatened. 62 5 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 Councilor Guth said, if this is done reasonably, this is something he could support. Councilor Rose said he sees this as a replacement for the demolition program. Councilor Doyle motioned to read; Councilor Hauenstein 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. Councilor Hauensteinmotioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: Ordinance #14, Series of 2024 – Response to Colorado House Bill 23-1255 - Haley Hart and Ben Anderson Ms. Hart explained that this ordinance is in regard to regulating local housing growth restrictions. She explained GMQs andwhy we have these and the history of the program. She then went through the edits of the document. She said this does not change any policy outcomes. She said staff is recommending approval. Mayor Torre opened and closed the public hearing. Sam motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Resolution #146, Series of 2024 –Charter Amendment – James R. True Mr. True explained how these two resolutions came to be and made some clarifications. He said a yes vote is in support and a no vote is not in support. It’s clear and straightforward language. Councilor Guth asked about the ballot title and clarified it’s just the section in caps. Councilor Hauenstein said he doesn’t agree with this one and probably won’t vote for it but respects the people who submitted it. Mayor Torre said this is to prevent something and not to enhance something. He is saddened that this is how the democratic process is being used. The electorate is not informed. Councilor Doyle motioned to approve; Councilor Guth seconded. Councilor Guth said there is a lot of concern on both sides. He is super supportive. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Resolution #147, Series of 2024- Charter Amendment –James R. True Councilor Guth asked about Councilor Hauenstein recusing himself on this item. Mr. Truesaid they looked carefully at what personal or financial interest he may hold. In this situation, it’s hard to find 63 6 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 17, 2024 where there is any substantial financial interest. What we have concluded is that there is not a basis to recuse. Councilor Rose mentioned receiving an email from a lawyer on this and he asked for Mr. True’s response without breaking confidentiality. Mr. True said he disagrees with the assertions of that attorney and agrees with Ms. Tierney who called in earlier. It is not subject to the Vagneur case. Councilor Guth said he has never heard of this attorney, but helooked him up and he seems very accomplished. He is torn between the advice of Mr. True and this guy who people call the best election lawyer in Colorado. He wants to suggest having the city ask the district court for a declaratory judgment about what is appropriate or not. He doesn’t feel comfortable. Mr. True said there is no case that supports his position. Title 20 is quite clear. That is all he wishes to say. Councilor Guth continued to argue. Councilor Hauensteinsaid it’s hypocritical to approve one and deny the next. A good attorney can make a solid case for either side. He doesn’t think Councilor Guth’s concern is valid. We shouldn’t undermine this at this point. Councilor Doyle said let’s put it on the ballot. Mayor Torre said he isn’t taking sides on either. But it’s a disappointment to him that these citizen groups seem to be egocentric. To him, it seems to be manipulation. As this moves towards the election, there will be great debate and discussion. Resolution #147 is not clearly defined. But we should place it on the ballot as they did Resolution #146. Councilor Hauenstein motioned to approve; Councilor Doyle seconded. Councilor Guth made a friendly amendment “in order to construct the 1998 entrance to Aspen record of decision” might be more appropriate. Councilor Hauenstein did not accept the friendly amendment. Councilor Guth motioned to amend the motion, “in order to construct the 1998 entrance to Aspen record of decision or any future record of decision”. There was no second to the motion. Mr. True suggested the motioner add “or any future record of decision” for clarity to the title. Councilor Doyle supported as seconder. Roll call vote: Doyle, yes; Guth, no; Hauenstein, yes; Rose, yes; Torre, yes. 4-1, motion carried. Councilor Rose motioned to adjourn; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried at 8:24 p.m. ______________________ City Clerk, Nicole Henning 64 Construction and Demolition Waste Diversion Page 1 of 8 MEMORANDUM TO: Mayor Torre and City Council FROM: Ainsley Brosnan-Smith, Waste Diversion and Recycling Program Administrator THROUGH: Ben Anderson, Community Development Director MEMO DATE:January 6, 2025 MEETING DATE:January 14, 2025 RE:Ordinance No. 21, Series of 2024 -Second Reading Adoption of Chapter 29.02 Construction and Demolition Debris Diversion REQUEST OF COUNCIL: Staff requests that City Council review and approve Ordinance No. 21, Series of 2024 on Second Reading. BACKGROUND: Previous Council Action: **A summary of staff’s response to Council’s discussion and questions from first reading can be found in Attachment A. At the December 17, 2024,regular meeting,Council passed Ordinance No. 21, Series of 2024 on first reading. Council directed staff to return on January 14, 2024,for a second reading of the ordinance within a public hearing. Council inquired on the specifics of the policy in practice, financial impacts to the construction industry, and delineation of the proposed ordinance to Pitkin County’s construction and demolition policy. At a May 13, 2024 work session,staff presented to council on the state of construction and demolition (C&D)waste generation from Aspen permitted projects,the successes of Pitkin County’s debris diversion ordinance,feedback from stakeholders on their experience with the County’s code,and asked council to direct staff on how the City should approach the issue of landfilling recoverable C&D debris. As an outcome of the discussion December 17, 202Council directed staff to return for a second reading of policy that mandates the diversion of construction and demolition debris from city permitted projects. Council directed staff to develop a policy with the following specifications: Apply C&D debris diversion regulations to permitted projects with greater than 2,000 65 Construction and Demolition WasteDiversion Page 2 of 8 square feet of disturbance area (combine square footage of the building work area and soil disturbance area). Require projects to divert 100% of all possible recoverable materials from the landfill, including a minimum recovery standard, and base material recovery requirements on the availability of local recyclers and reuse centers who can accept the goods and materials. Include a penalty structure that holds projects accountable for the diversion of C&D materials through a mandatory deposit at time of permit issuance and include fees that are reflective of the environmental costs of landfilling recoverable materials. Why C&D Diversion? In January 2022, City Council adopted science-based targets for greenhouse gas (GHG) emissions reductions of 63% by 2030 and 100% by 2050. Aspen’s annual landfill waste generation accounts for 16% of the community’s greenhouse gas emissions as of 2020. The waste reduction targets to support these goals are: Reduce organic material buried in the landfill by 25% by 2025 and 100% by2050, Reduce all waste going to landfill by 70% by 2050 On average, C&Ddebris accountsfor 53%ofthetotalmaterials buriedin thePitkin County landfill. This is a result of Aspen’s robust building and development activity paired with an absence of consistent waste diversion practices. For the City to take meaningful action in reducing associated GHG emissions, Aspen needs to implement waste diversion regulations to accelerate diversion of C&D debris. A Pitkin County waste study completed in 2022 found that over half of all C&D debris landfilled had a locally available market for recycling or salvaging. Landfill waste reductions support Aspen City Council’s GHG emissions goals, Aspen’s participation in the ICLEI Race to Zero campaign, the Community Development Department’s Compass Plan, and the Aspen Sustainability Action Plan (ASAP). The Aspen Sustainability Action Plan (ASAP) details C&D diversion as a key strategy in reducing waste related emissions and is essential for achieving landfill reduction goals for 2050. Pitkin County Construction and Demolition Diversion Regulation In 2021, Pitkin County implemented a Construction and Demolition Diversion ordinance requiring permitted projects in unincorporated Pitkin County to meet a 35% diversion of generated C&D debris, as well as keep 100% of all “recoverable materials” out of the trash. This ordinance has demonstrated success in salvaging C&D debris, with projects often exceeding the 35% diversion standard by a significant margin. “Recoverable materials” are defined by the County as: concrete and porcelain, organics, asphalt, corrugated cardboard, rock and dirt, untreated lumber and pallets, metal appliances, and scrap metal. Prior to permit issuance, projects are required to deposit $1,000 per ton of estimated C&D debris generated from their project. With oversight from their program’s full-time employee, Pitkin County projects are monitored for compliance by using an online software, Green Halo, that records the disposal and recycling of generated C&D debris from each project. The Pitkin County Solid Waste Center (PCSWC) reported the following statistics for completed projects in 2023: 27 diversion projects were finalized. 25 projects met or exceeded 35% diversion and received a 100% refund. 2 projects accomplished less than a 35% diversion and received a 50%refund. In total, projects diverted an average of 66% of C&D debris; meaning they diverted beyond the 35% requirements. 66 Construction and Demolition WasteDiversion Page 3 of 8 Since the implementation of this policy, Pitkin County staff have been successful in training local contractors on separating construction debris by type, on site, and utilizing Green Halo to track debris diversion data. At the May 13, 2024, work session, City Council directed staff to develop a C&D diversion policy to align with Aspen’s emissions reduction commitments, preserve the longevity of the local landfill, and promote an economy based on the circularity of our resources. Discussion: Staff recommend Council approves an amendment to Title 29, Engineering Design Standards, of the Aspen Municipal Code to add Chapter 29.02 - Construction and Demolition Debris Diversion. The purpose of this code is to reduce the volume of salvageable resources thrown away as trash from construction activity. If adopted, Chapter 29.02 Construction and Demolition Debris Diversion will be the most influential action Aspen’s taken to regulate the permanent disposal of building construction materials, which have some of the most carbon intensive manufacturing practices in the world. This code recognizes the emissions and environmental impact of mining, harvesting, and manufacturing construction materials, and why they should not be treated as single-use commodities. Stakeholder Feedback To better understand community interest and concern for the landfilling of recoverable C&D debris, the Environmental Health and Sustainability Department and Communications staff solicitedfeedback fromconstructionindustrystakeholders through a variety of tactics. Hosted an open forum discussion with contractors actively participating in Pitkin County's construction diversion ordinance. Presented in collaboration with Pitkin County at the 2024 City of Aspen Right-of-Way Kickoff Meeting to discuss C&D diversion and potential regulations. Published a city press release soliciting feedback on C&D diversion practices. Advertisements and articles in the Aspen Times, Sol del Valle, and Glennwood post independent, at least once a week for six weeks. Announcements on Aspen Public Radio. Email potential regulations to all active contractors in Aspen. (over 750). Published a survey through the mentioned tactics to gather written feedback: 71 responses, mostly from the building development community. (Attachment A) Published a one-pager of the draft ordinance in the September 27th Community Development newsletter requesting input and feedback. (Attachment B) Staff documented the feedback received from the tactics and methods mentioned above and grouped them into the following main themes; below are the summarized concerns and considerations from stakeholders. Familiarity with County code –The Community Development and Engineering staff regularly receive inquiries from the building development community regarding the city’s construction and demolition diversion requirements. On a frequent basis, contractors acquainted with the county’s C&D diversion code assume Aspen has similar regulations and contacts staff on how to comply with diversion standards. This active familiarity with C&D diversion management is encouraging to city staff as the act of salvaging building resources, and recording the progress, has been 67 Construction and Demolition WasteDiversion Page 4 of 8 practiced since 2021 when the County adopted their policy. Operations and Labor –Stakeholders noted the likely need for additional labor hours to separate building materials by type, and training of their labor force to separate building materials on site. To assist in work force development, staff plan to offer free training sessions hosted by Colorado- based deconstruction experts on how to efficiently deconstruct buildings and separate materials onsite. Investment in workforce training should enhance on-site separation efficiencies for those unfamiliar with the practice of salvaging building materials for recycling or reuse. Pitkin County staff have been successful in training local contractors on separating construction debris by type, on site, and utilizing Green Halo to track debris diversion data. Staff have been approached by various building and development stakeholders to understand what is required of their project, demonstrating an existing awareness on C&D diversion. Time and Cost –Concerns included the potential for delayed building times due to slower demolition practices and additional project costs for hauling dumpsters due to the increased number of containers needed to separate materials on site. Project type and size dependent, there are circumstances in which the salvaging of building materials extends the timeline for decommissioning a structure, comparative to the practice of demolition which demolishes and combines all materials together for disposal as trash. Staff spoke with Stutsman Gerbaz Incorporated who estimate building removal can take 30% longer to take down in comparison to a demolition that may take two days. Stutsman also noted there are cost savings that negate the extra costs for labor and hauling, due to the high tipping fees for waste at the landfill. For example, unsorted loads (C&D plus trash) cost $245 per ton at Pitkin County Waste, while sorted loads (separated recoverable materials) only cost $15 per ton. To alleviate additional costs, the Engineering Department has agreed to waive right-of-way encroachment fees for projects that demonstrate a need to separate recoverable materials in the ROW for the purposes of separation and salvage. Under the proposed code, projects who abuse this privilege will be penalized for any use of the ROW alternative to diversion purposes. Space –Space constraints for onsite sorting were of note, especially in the downtown core where building development is restricted by operational space during construction and development activity. At Council’s request, staff have considered locations for offsite sorting, but it is not a reality at this time. This would require dedicated, undeveloped land, zoned for storing debris, and staff to manage the dumping, separating, and removal of staged materials. Stakeholders in the industry have noted economic inefficiencies in removing debris to an offsite location for separating, and then re-hauling materials to the Pitkin County Solid Waste Center for disposal. However, Pitkin County is proposing a landfill expansion and landfill staff noted that they are investigating the potential inclusion of staging areas for the sorting of mixed C&D loads in the future. It is common practice for projects to separate materials in piles on site instead of using dumpsters for storage. Once a material type is large enough to fill a dumpster, the material will be hauled off. Staff spoke with prominent construction industry specialists in the area who do not use dumpsters for separating the debris and instead sort materials in piles on site and then haul them away. This reduces the need for storage outside the construction footprint. Additionally, the use of shredders to break down materials onsite reduces the volume of debris and need for additional dumpsters. 68 Construction and Demolition WasteDiversion Page 5 of 8 What the Construction and Demolition Diversion Ordinance Does: Applicability -Permitted projects greater than 2,000 square feet of construction mitigation disturbance area must separate all Recoverable Materials generated by construction and demolition activity from the trash. The construction mitigation disturbance area is the square footage of the building work area plus the soil disturbance area. This code would work in unison with existing threshold determinations for Engineering’s Construction Mitigation Plan which are currently calculated at the time of permit intake. Diversion Requirements -Applicable projects must separate all Recoverable Materials generated by construction and demolition activity from the trash. Recoverable Materials are to be separated by material type and designated for recycling, repurposing, reuse, or any other alternative Recoverable Management Practice approved by the city. Projects must meet a minimum 50% diversion of the projects total debris weight to be eligible for a return of the Diversion Compliance Deposit. Recoverable Materials -Materials which there is a local option to reuse, recycle, or otherwise divert from the landfill. Recoverable Materials include all materials that the Pitkin County Solid Waste Center accepts for recycling and reuse. These include: Concrete Corrugated Cardboard Porcelain Metal Appliances Asphalt Rock and Dirt Metal Single Stream Recyclables Organics Untreated (no stain, paint, or chemical treatment) lumber and pallets Diversion Compliance Deposit At the time of permit issuance, projects will be required to submit a deposit calculated from the tonnage of the disturbance area. The deposit is calculated by applying the following equation: (Construction Mitigation Square Footage X 0.05 tons/sq ft) X $495 (Social Cost of Carbon). Deposits will not be released if the project demonstrates noncompliant diversion practices or does not meet a 50% debris diversion minimum. Deposits will be collected through Salesforce prior to permit issuance and released once the project's Certificate of Occupancy, or Final Inspection has been assigned. Deposits retained by the city due to noncompliance will be used to support environmental health and sustainability program and initiatives, including the offering of workforce trainings and tools or mechanisms to assist in separation and diversion of materials. Permitting Review Process The following process is proposed for evaluating a project’s diversion plans: At permit submittal, the applicant will submit a Diversion Recovery Plan (DRP) to Green Halo for review by staff for completion. At permit review, the administrator will review the DRP for accuracy and sufficiency with 69 Construction and Demolition WasteDiversion Page 6 of 8 requirements of this code. At permit issuance, the applicant will submit their diversion deposit and become a registered account in Green Halo. C&D Diversion Tracking The administration of this code will be managed through Salesforce approvals, and with the use of a waste software tracking system, Green Halo. Green Halo is web-based waste diversion tracking software that documents the disposal tonnage of materials generated from construction and development activities through the collection of receipts and tickets automatically uploaded from the landfill’s system to the permittee’s account. This program is currently used by Pitkin County to administer their C&D diversion code and has proven successful in the recording of recycling, reuse, and waste disposal practices. Enforcement and Penalties Throughout the duration of the project, a permittee’s compliance will be monitored by the city’s administrator of Green Halo who will evaluate the receipts of waste loads uploaded to Green Halo. These receipts state the type and tonnage of debris being disposed of at the Pitkin County Solid Waste Center. The administrator will be able to evaluate if a project is on track with diversion or see if recoverable materials are being disposed of as landfill waste from the receipts uploaded to their account. For projects failing to use Green Halo for the reporting of their disposal statistics, or projects not actively sorting and diverting debris, the administrator can work with the permittee in real time to remediate issues. The administrator will work in direct partnership with Engineering’s Construction Mitigation Officers to enforce separation and diversion practices occurring on site, throughout project duration. Staff developed the following penalty and fee assessments to hold projects accountable for compliance: Stop Work Orders (SWO): Whenever construction or other work being performed fails to comply with the requirements of this Chapter, the City Engineer, or their designee, can order the work to be stopped. Prior to the assignment of a SWO, staff will practice progressive enforcement tactics through the application of warnings and educational guidance, as the goal of this ordinance is compliance, not penalties. Projects that continually disobey the requirements of this chapter upon warnings and educational intervention may be assigned a stop work order if they do not work to remedy actions that are in contradiction with this chapter. Unsorted Load Fee:Any Unsorted Load disposed of in a landfill by a permittee, or their designee, shall be assessed an administrative fee, in accordance with the guidelines set forth in the City Engineer’s Construction Mitigation Plan manual, based upon the total weight of the Unsorted Load. The fee shall be determined by multiplying the Social Cost of Carbon for C&D Materials by the total tonnage of the Unsorted Load. For example, the penalty for an Unsorted Load containing 10 tons of debris will be calculated by multiplying the debris tonnage by the Social Cost of Carbon. 10 tons X $495 Social Cost of Carbon for one ton of mixed C&D debris = $4,950 unsorted load fee. Certificate of Occupancy: Projects failing to utilize Green Halo to track their waste and diversion disposal records, or have outstanding fines assessed due to a violation of this Chapter, will not be issued their certificate of occupancy until fees are paid or their Green Halo account is filed for completion. If no diversion occurs, projects will receive their 70 Construction and Demolition WasteDiversion Page 7 of 8 Certificate of Occupancy upon consultation with the city and retention of their diversion recovery deposit. Social Cost of Carbon Study (Attachment C) To better understand the environmental cost of burying usable building materials, staff contracted with a consultant, Lotus Engineering & Sustainability, to evaluate the cradle to grave emissions of building materials. This includes the emissions from the production, refinement, transportation, installment, and landfilling of building materials. Upon this evaluation, the consultant applied the Environmental Protection Agency’s (EPA) social cost of carbon to each building material’s emission profile to develop financial metrics representative of their environmental damages. The EPA defines the social cost of carbon as, “a measure, in dollars, of the long-term damage done by a ton of carbon dioxide (CO2) emissions, in a given year”. City staff used the consultant’s findings to develop the deposit and penalty fee structure for this code. Specifically, the environmental cost for landfilling a one ton of unsorted C&D debris shall be used to calculate the permittees deposit amount and used to assign fees for trashed loads of debris that contained recoverable materials. NEXT STEPS: Should Council approve this Chapter 29.02 Construction and Demolition Debris Diversion Ordinance on Second Reading, the policy will come into effect within 30 days of passage, in which time staff will begin educating the building and development community on the requirements of this code and organize workforce trainings to prepare the industry with the resources needed to preform most successfully. Given estimated permit intake and issuance queues, staff estimate applicants applying for a permit starting in February of 2025 will begin construction activity in Spring 2026. This provides staff with a year to introduce and familiarize the industry with the diversion regulations. FINANCIAL IMPACTS: Full Time Employee The largest financial implication from this code on the city is the need for a new full-time employee to administer this policy. Pitkin County employs a full-time employee to administer the county’s C&D ordinance where the employee is responsible for evaluating and monitoring diversion plans through completion of the permitted work. City permit activity subject to these regulations could potentially be significantly higher than that experienced by the County. Current city staffing does have the capacity for the city to monitor, evaluate, and assist numerous permitted projects in successfully diverting their generated debris, under the specifications of this policy. Consistent with the discussion that was had at the May 13th Work Session, a request for a full-time employee to administer this policy would be added to the 2025 Spring Supplemental if Council were to adopt Chapter 29.02 Construction and Demolition Debris Diversion. Funding to support this position would be requested from the General Fund. Responsibilities of the new FTE would include: Evaluating the permittees waste diversion plans at permit intake. Technical, advisory, and compliance assistance during application phase, and ongoing construction. Assigning of the diversion compliance deposit and administering the release or retention of the monies upon evaluation of project completion and compliance. Management of the Green Halo software and applicant accounts. Approving submissions, overseeing waste generation per project, technical and educational assistance as needed. Live tracking of project’s disposal and diversion receipts, through Green Halo. 71 Construction and Demolition WasteDiversion Page 8 of 8 Education, enforcement and penalty assignments for projects out of compliance with the policy. Evaluation of a permittee’s overall compliance by reviewing projects total debris generation, calculating diversion percentages. If Council does not approve an additional full-time employee to administer the program at the 2025 Spring Supplemental, the efficacy of the policy in accomplishing the intent of diverting materials from the landfill will be in question. Full-time administration, oversite, and enforcement of the regulations are needed to monitor compliance and offer real-time enforcement of noncompliant diversion practices. If an FTE request is not approved, the city would have to consider the reassignment of existing roles and responsibilities of EHS, Engineering, or other Development Review staff to administer this program on a part-time basis. Alternatives may include the reassigning of EHS waste diversion responsibilities to focus solely on the implementation of this code. A shift towards the responsibilities of C&D diversion would likely mean a reduction in community forward initiatives like special events or take-back programs aimed at collecting the communities hard to recycle materials (e-waste, plastic films, season move-out salvaging, yard waste, etc.) or a shifting of resources and priorities within development review or construction mitigation functions. At this time, the program would be administered without the application of review fees. Staff recommends the policy is evaluated upon the following the first year of adoption and returned to council with recommendations for permit review fees reflective of the policy in practice. ENVIRONMENTAL IMPACTS: To achieve Council’s Carbon Goal of GHG emissions reductions of 63% by 2030 and 100% by 2050, staff is focusing on the landfilled materials with the greatest potential to reduce emissions associated with disposal. Building sustainably, reusing materials, and deconstructing, rather than demolishing, have proven to extend the life of a landfill, conserve resources, reduce GHG emissions, and improve local air quality. Regulating the salvage and reuse of building materials works in harmony with Council’s sustainability objectives of reducing Aspen’s GHG emissions and saving space in the local landfill. When considering the environmental impact of virgin concrete alone, the production of cement is “the third largest industrial energy consumer and it contributes approximately 7% of global GHG emissions” (International Energy Agency 2018 Report). This policy has the potential to divert the permanent disposal of thousands of tons of products with leading global GHG emissions, and in turn encourage the marketplace to support resource circularity. In addition, C&D debris is the largest contributor to the landfill so the diversion of these types of materials would lessen the annual contributions that rapidly fill available landfill cells. When a material is landfilled, that product is eliminated from the marketplace, and it reinforces the demand for a product to be made from virgin materials. The Carbon Leadership Forum states, “globally, the building and construction sectors account for nearly 40% of global energy-related carbon dioxide emissions in constructing and operating buildings (including the impacts of upstream power generation)”. The reuse of existing materials has the potential to lessen the environmental impact and associated emissions from harvesting fresh resources to generate new products, when compared to using existing products to manufacture new goods. A regulation of this kind would send market signals that Aspen values a circular approach to resources management to sustain the natural resources that support this planet. ALTERNATIVES: 72 Construction and Demolition WasteDiversion Page 9 of 8 Council could choose not to approve the Construction and Demolition Diversion ordinance, and instead direct staff to identify alternative policies or programs to address the City’s landfilling of C&D debris. However, this will negatively impact the City’s ability to meet its community goals of a 70% reduction of landfilled materials by 2030 and greenhouse gas reduction goals. RECOMMENDATIONS: Staff recommend City Council adopts Ordinance No. 21, Series of 2024. ATTACHMENTS: Attachment A – Response to First Reading Council Discussion Attachment B – Public Survey Attachment C – One Pager, Community Development Newsletter Attachment D – Social Cost of Carbon, Lotus Sustainability Consulting Services Attachment E – Construction Mitigation Plan administrative edits for Unsorted Loads CITY MANAGER COMMENTS: 73 ORDINANCE NO. 21 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 29 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW CHAPTER ENTITLED “CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION” TO INCLUDE PROVISIONS RESTRICTING THE DISPOSAL OF RECOVERABLE CONSTRUCTION AND DEMOLITION DEBRIS AS TRASH. WHEREAS, the City Council for the City of Aspen has a duty to protect the environment and the health of its citizens and visitors; and WHEREAS, as reported by the Environmental Protection Agency, in 2021, natural resource extraction and processing account for approximately half of global greenhouse gas emissions; and WHEREAS, the United Nations Environmental Program reports, “the buildings and construction sector is by far the largest emitter of greenhouse gases, accounting for a staggering 37% of global emissions”; and WHEREAS, the City of Aspen (the “City”) recognizes climate change is driven by the accumulation of greenhouse gas in our atmosphere as a result of human activity; and WHEREAS, the City committed to the Race to Zero campaign, requiring the City to publicly endorse the following principles: Recognize the global climate emergency. Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement. Commit to putting inclusive climate action at the center of all urban decision-making, to create thriving and equitable communities for everyone. Invite our partners – political leaders, CEOs, trade unions, investors, and civil society – to join us in recognizing the global climate emergency and help us deliver on science-based action to overcome it; and WHEREAS, City Council passed Resolution #002, Series of 2022 that established science-based targets for reducing community greenhouse gas (GHG) emissions 63% by 2030 and 100% by 2050 along with diverting 70% of total landfill materials by 2050, based upon 2017 levels; and WHEREAS, the 2020 Community Greenhouse Gas Emissions Inventory estimated the landfilling of materials accounted for 16% of Aspen’s total emissions in 2020; and WHEREAS,construction and demolition debris account for 53% of the total materials landfilled at the Pitkin County Solid Waste Center; and WHEREAS, according to the Pitkin County Solid Waste Center, over half of the landfilled construction and demolition debris generated in Aspen could have been locally recycled, reused, or recirculated back into the economy for reprocessing into new goods or materials; and 74 WHEREAS, in 2021, Pitkin County Solid Waste Center adopted a construction and demolition diversion ordinance that has demonstrated success in recovering building materials, seeing an average 66% debris diversion per project; and WHEREAS, Pitkin County Solid Waste Center has the ability to recover certain construction and demolition materials for recycling or reuse; and WHEREAS, City Council recognizes voluntary participation in the diversion of building materials will not meet the City’s waste reduction or GHG reduction goals, and regulating construction and demolition debris is integral to reducing Aspen’s landfilled waste, andsupporting the longevity of the Pitkin County Solid Waste Center; and WHEREAS, it is desired by City Council, to amend Title 29, Engineering Standards, of the Aspen Municipal Code to add a new chapter, Construction And Demolition Debris Diversion, to regulate the disposal of recoverable construction and demolition debris as landfill trash; and WHEREAS,in addition to adding a new chapter to Title 29, Engineering Standards, the City Engineer requests that City Council repeal and replace the appeal procedures set forth in Section 29.01.120 with the appeals procedures proposed as Section 29.02.110 to further define the standard of review applicable to appeals from the decisions of the City Engineer; 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 regulate the disposal of recoverable construction and demolition debris as landfill trash and require the handling of materials in an environmentally sustainable and recoverable manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Title 29 of the Municipal Code of the City of Aspen is hereby amended by the addition of a new Chapter which Chapter shall read as follows: Chapter 29.02 Construction and Demolition Debris Diversion Sec. 29. 02.010 – Purpose The purpose of this Chapter is to conserve landfill operations and capacity and reduce greenhouse gas emissions consistent with the City of Aspen’s adopted carbon goals, through the prevention of landfill disposal of recoverable materials by requiring all locally salvageable materials be recycled, repurposed, or rehomed. Sec. 29.02.020. - Definitions As used in this Chapter, unless the context otherwise requires, the following terms shall be defined as follows: 75 C&D Diversion Approval is an approval issued by the City Engineer, or their designee, when all documents, reports, and plans required by this Chapter have been submitted as part of a permit application and deemed complete by the City Engineering Department. Construction and Demolition Debris (C&D)is solid waste generated by or resulting from construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, improvement, reconstruction, remodeling, renovation, repair, or site clean-up. Construction Mitigation Disturbance Square Footage means the combined square footage of the building work area in addition to all the soil disturbance area as demonstrated in a City of Aspen permit application for construction, development, redevelopment, modifications and additions to existing developments undertaken within the City of Aspen. Construction Management Plan (CMP)means the Construction Management Plan associated with a building permit approved pursuant to the Construction Management Plan Requirements of Sec. 29.01.030. - Adoption of construction management plan requirements. Diversion Recovery Plan (DRP)means the Diversion Recovery Plan submitted in the City’s designated waste tracking software. This plan requires the applicant to estimate the total tons of debris generated from the project, materials anticipated for recovery, the means by which the materials will be transferred to a local recycling facility, and facilities intended to accept the Recoverable Materials. The DRP is approved prior to permit issuance by the City Engineer, or designee. Diversion Compliance Deposit is a deposit from the permit applicant prior to permit issuance, made to the City of Aspen, calculated by applying the following equation: Diversion Compliance Deposit = (Construction Mitigation Square Footage X 0.05 tons/sq ft ) X (Social Cost of Carbon for C&D Materials*) Diversion Reports is a diversion status report submitted by the permittee through the City’s waste tracking software for the City Engineer, or their designee. A Report is required to be filed prior to Building Inspections and prior to Final Building Inspections. The Diversion Report must include receipts or other documentation showing the amount of Recoverable diverted or salvaged, the means by which the material was diverted or salvaged, and the amount of material deposited in the landfill. The final Diversion Report will be used by City of Aspen staff to determine if the permittee met the requirements of this Chapter. Locally available recycling or recovery facilities is a recycling and recovery facilities located within the region of Aspen, as defined by the City Engineer, or their designee, where the environmental benefit of recovering, recycling, or rehoming is not voided by the emissions impact of transportation over extended distances. The Pitkin County Solid Waste Center accepts all Recoverable Materials listed in this Chapter for recycling or reuse. Recoverable Management Practice means a practice approved by the City that prevents Recoverable Materials from end-of-life disposal through the reuse or recycling of said materials. Examples of practices include recycling of divertible materials, donation or rehoming of goods, and reuse of materials onsite for building and construction purposes. 76 Recoverable Materials Diversion Acknowledgement Form is a form signed prior to permit issuance acknowledging the diversion requirements and consequences of failure to meet these requirements, as stated in this Chapter. Recoverable Materials means construction and demolition debris for which there is a local option to reuse, recycle, or otherwise divert such debris from the landfill. Recoverable Materials includes all materials that the Pitkin County Solid Waste Center accepts for recycling and reuse. Social Cost of Carbon for C&D Materials is a dollar estimate of the economic damages caused by emitting carbon dioxide into the atmosphere from landfilling one ton of Unsorted Load. This cost is set forth in section 2.12.051. - Engineering Department fees and amended from time to time to reflect financial changes in environmental accounting. Trash means substances designated for end-of-life disposal in a landfill, or other end-of-life disposal practice, from which the substances can never be recovered. Recoverable Materials are not trash. Unsorted Load means the comingling of at least ten percent (10%) of Recoverable Material in any one load of trash designated for end-of-life disposal in a landfill. 29.02.030 - Applicability for Construction and Demolition Diversion Requirements City of Aspen permitted projects with more than 2,000 square feet of Construction Mitigation Square Footage must separate all Recoverable Materials generated by construction and demolition activity from the trash. Recoverable Materials are to be separated by material type and designated for recycling, repurposing, reuse, or any other alternative Recoverable Management Practice approved by the City. 29.02.040 - Recoverable Materials List a) The Recoverable Materials List identifies materials for which there is a local option to reuse, recycle, or otherwise divert from the landfill. These materials are required to be separated from the trash and repurposed. This list may be amended from time to time by the City Engineer, or their designee, to adjust for changes in local recycling and reuse marketplaces. The Recoverable Materials List is developed in consultation with the Pitkin County Solid Waste Center and shall be available for public inspection at the Community Development Department, the Engineering Department, and on the City of Aspen's website. Projects may divert these materials to any Locally available recycling facility in addition to the Pitkin County Solid Waste Center for diversion. b) Recoverable Materials include but are not limited to: 1.Concrete 2.Corrugated Cardboard 3.Porcelain 4.Metal Appliances 5.Asphalt 6.Rock and Dirt 7.Metal 77 8.Single Stream Recyclables 9.Organics 10. Untreated (no stain, paint, or chemical treatment) lumber and pallets 11. Any other materials for which the City has determined there to be a local recycling or reuse marketplace. 29.02.050 - Exemptions The following are exempt from the provisions of this Chapter: a) To the extent a Recoverable Material tests positive for asbestos, as determined by a state certified asbestos inspector, it shall be exempt from the requirements of this Chapter. Upon removal of all asbestos contaminated materials, the remaining Recoverable Materials are expected to follow the requirements of this Chapter. b) Projects unable to meet the minimum diversion requirements of this Chapter due to an absence of Recoverable Materials may ask the City Engineer, or their designee, for an exemption to the minimum requirements of this code upon demonstration to the satisfaction of the City Engineer, or their designee that no Locally available recycling or recovery facilities exist for the materials generated from the project’s construction activity. c)Right-of-Way Permits: Projects permitted for alterations in the public right-of-way as determined by the City Engineer shall be exempt from the requirements of this Chapter. 29.02.060 - Right-of-Way Usage The City Engineering Department may, in its sole discretion, allow properties to locate containers used for gathering and storing Recoverable Materials pursuant to this section within public right-of-way where feasible, if the permittee can demonstrate that the containers cannot be reasonably stored on the property where development is permitted. The City Engineer, or their designee, may waive the encroachment permit fee for containers used solely for the purposes of separation, storing, and diverting Recoverable Material. If at any time such container is placed in the right of way pursuant to this section and is not being used for purposes of diverting Recoverable Materials, the permittee will be responsible to pay the Encroachment Fees, per square footage of the container’s footprint pursuant to Sec. 2.12.051. 29.02.070 - C&D Approval Process For all construction and demolition activities subject to the diversion requirements set forth herein, the following items must be submitted to the City: a) At permit submittal, the applicant shall submit a Diversion Recovery Plan (DRP) in the City’s designated waste tracking software. Incomplete or insufficient DPRs may be deemed incomplete by the City Engineer or their designee. Permits for any development on a parcel requiring a DRP will not be issued until a C&D Approval is granted by the City Engineer, or their designee. 78 b) Issuance Fees: Upon C&D Approval and prior to permit issuance, the applicant shall submit a refundable Diversion Compliance Deposit to the City of Aspen. The refundable Diversion Compliance Deposit shall be calculated by applying the following equation: Diversion Compliance Deposit = (Construction Mitigation Square Footage X 0.05 tons/sq ft) X (Social Cost of Carbon for C&D Materials*) * Set forth in the Standard Fee Schedule of Chapter 2.12.051 c) Prior to permit issuance, the applicant must sign a Recoverable Materials Diversion Acknowledgement Form. 29.02.080 - Diversion Reporting Requirements a) The permittee or their designated project manager shall use the City’s waste tracking software to track and submit tickets and receipts for the disposal and diversion of debris, on an ongoing basis, until the project is complete. b) The permittee or their designated project manager is responsible for retaining and submitting all receipts and related documentation accounting for the disposal and diversion of C&D debris generated from the project. This includes tracking debris generated from work conducted by sub-contractors. c) Prior to Building Inspection: The City Engineer, or their designee, will review the projects account in the City’s waste tracking software for submissions and recordings of receipts related to disposal and diversion of debris. Building Inspections will not take place until an up to date Diversion Report is approved by the City Engineer, or their designee. d) Prior to Final Building Inspection: The permittee or their designated project manager must submit their finalized Diversion Report in the City’s waste tracking software for review and approval by the City Engineer, or their designee, before a Final Building Inspection may occur. 29.02.090 - Penalties and Enforcement a)Municipal Court Penalties. Any person violating any provision of this Chapter shall be subject to prosecution in Municipal Court and upon conviction may be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.180 of this Code. Each day any violation of this Chapter occurs or continues shall constitute a separate offense. b)Stop Work Orders.Whenever construction or other work being performed fails to comply with the requirements of this Chapter, the City Engineer, or their designee, shall order the work stopped by notice in writing served upon any person engaged in the doing or causing of such violation. It shall be unlawful for any person to fail or refuse to obey such an order. Each day that one so notified, or any other person who can reasonably be expected to be informed of the notice, fails to comply with the order shall constitute a separate offense. The City Engineer, or their designee, may withhold all deposits assessed to the permittee if the project has been subject to a Stop Work Order. 79 c)Unsorted Load Fee.Any Unsorted Load disposed of in a landfill by a permittee, or their designee, shall be assessed an administrative fee, in accordance with the guidelines set forth in the City Engineer’s Construction Mitigation Plan manual, based upon the total weight of the Unsorted Load by the City Engineer, or their designee. The fee shall be determined by multiplying the Social Cost of Carbon for C&D Materials by the total tonnage of the Unsorted Load. 1. For example, the penalty for an Unsorted Load containing 10 tons of debris will be calculated by multiplying the debris tonnage by the Social Cost of Carbon, as listed in Sec. 2.12.051. - Engineering Department fees. 2. 10 tons X $495 Social Cost of Carbon for C&D Materials = $4,950 unsorted load fee 3. Upon receipt of notice of a fee assessment issued for an Unsorted Load, the permittee shall have thirty (30) days to pay the fee. Failure to pay an Unsorted Load Fee shall be considered a violation of this Chapter. 4. All Unsorted Load fees shall be used by the City for the purposes of environmental health and sustainability initiatives. d) The City shall not issue a Certificate of Occupancy to the project if the permittee has outstanding Unsorted Load fees or outstanding fines assessed due to a violation of this Chapter. 29.02.100 Diversion Compliance Deposit Return a) Permittees will be eligible for a refund of their Diversion Compliance Deposit if they have diverted a minimum of 50% of the project’s total tonnage as reported in the Diversion Recovery Plan. Permittees that divert less than 50% of the project’s total tonnage as determined by the Diversion Reports will not be eligible for a refund of their Diversion Compliance Deposit. In addition to diverting 50% of the project’s total tonnage, to receive a refund of the Diversion Compliance Deposit the permittee must meet the following criteria: 1. The submission of a final Diversion Report which shall include submission of tickets, receipts, or other means of proof, that the diversion of recoverable materials listed in their initial Diversion Recovery Plan has been satisfied. 2. The permittee has paid all fees and fines assessed pursuant to this Chapter. 3. The records of the City Engineer demonstrate that the permittee did not receive any stop work orders for violations of this Chapter. 4. Undocumented Diversion Amounts: Upon request of a permittee, the City Engineer, may at their discretion, consider evidence of diversion by other means not listed in this Chapter and not identified in the Diversion Recovery Plan, which demonstrate the quantity of material diverted and recovery practice utilized. 5. The City Engineer, at their discretion, may authorize the refund of the Diversion Compliance Deposit if a permittee demonstrates that noncompliance was due to circumstances outside of their control. b) Permittees aggrieved by a decision of the City Engineer under this section may appeal the decision pursuant to the procedures set forth in this Chapter. 29.02.110 - Appeal Procedures 80 a)Initiation.An applicant or permittee aggrieved by an order, requirement, decision, or determination of the City Engineer pursuant to this Title may appeal the decision of the City Engineer to the Administrative Hearing Officer by filing a notice of appeal with the City Engineer. The notice of appeal shall be filed with the City Engineer within fourteen (14) days of the date of the order, requirement, decision or determination being appealed. The notice of appeal shall state in detail the action appealed, the grounds for the appeal and the relief sought. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any order, requirements, decision or determination. b)Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the City Engineer certifies in writing to the Administrative Hearing Officer that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The Administrative Hearing Officer may review such certification and grant or deny a stay of proceedings. c)Fee.At the time of perfecting an appeal pursuant to this section, the appellant shall be required to pay an appeal fee of two thousand dollars ($2,000.00) which fee may be returned to the appellant at the discretion of the Administrative Hearing Officer if the order, requirements, decision or determination of the City Engineer is reversed or modified. d)Timing.The Administrative Hearing Officer authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. e)Standard of Review. Unless otherwise specifically stated in this Title, the Administrative Hearing Officer authorized to hear the appeal shall decide the appeal based solely upon the written decision and record established by the administrative body from which the appeal is taken. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. f)Action by Administrative Hearing Officer. The Administrative Hearing Officer may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the City Engineer. The decision shall be approved by written resolution. All appeals shall be public meetings. The Administrative Hearing Officer's decision shall be submitted to both the City Engineer and the appellant in writing. Section 2: Section 2.12.051 of the Aspen Municipal Code shall be amended to include the following fee for the Social Cost of Carbon as follows: Construction and Demolition Debris Diversion Fees and Penalties Social Cost of Carbon for C&D Materials (per ton) $495 Section 3: Section 29.01.120 of the Aspen Municipal Code is hereby repealed. Section 4: Section 29.01.070(e) of the Aspen Municipal Code shall be amended to read as follows: 81 Appeals. An applicant may appeal a variance decision pursuant to Section 29.02.110, Appeals. Section 5: 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 6: 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 7: 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 17th day of December 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this ____ day of January , 2025. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 82 83 Exhibit A - First Reading Discussion and Questions on Chapter 29.02 Construction and Demolition Debris Diversion 1) County and City code comparison Pitkin County Ordinance City of Aspen Proposed Ordinance Applicability Any permitted projects deemed worthy of diversion. Determined internally by staff. Projects with a greater than 2,000 sq. ft. of disturbance area. Determined at project intake. Requirements Recycle 100% all recoverable materials. Minimum 35% diversion of recoverable debris to receive full deposit. Recycle 100% all recoverable materials. Minimum 50% diversion of total debris to receive full deposit. Unsorted Load Fee *In addition to the tipping fee Additional $138 added to the C&D tipping fee. Applies to any hauler. Municipal penalty for violators of the code. $495 x tonnage of unsorted load Deposit $1000 x tonnage of estimated recoverable debris $495 x tonnage of all debris generated Deposit Return Deposits are returned in full or returned partially dependent on the percentage of debris salvaged. Projects must reach a minimum 50% diversion of total debris generated to be eligible for a full deposit return. No partial return option. Administration Full time employee and Green Halo waste tracking software. Full time employee, Green Halo waste tracking software, Construction Mitigation Officer’s support for onsite evaluations. 2) Explanation of disturbance area and reasoning for targeting projects greater than 2,000 sq. ft. The construction mitigation disturbance area is the square footage of the building work area plus the soil disturbance area. Projects applied to the proposed code are referred to as "Major Impact" which is a permit type already established under the Engineering Construction Mitigation Plan. Staff targeted projects with a greater than 2,000 square feet of construction mitigation disturbance area because the materials generated from projects of this size are more likely to be recoverable and salvageable within this valley. Staff found projects with smaller disturbance areas produce debris that are not locally salvageable and, or do not generate a great enough volume of recoverable materials to achieve a 50% minimum 84 diversion. If the City required smaller impact projects to achieve the standards of this code, projects may see greater costs to relocate materials further distances to recovery facilities. In addition, increasing the thresholds for applicability (to include smaller impact projects) would largely influence staff overhead for examining permits, monitor construction activity, and evaluate compliance that may result in delays of permitting, or project close out. As written now, the code is designed to occupy a single full-time employee’s work plan just as the County has established; additional administration of smaller projects may require additional staffing hours. 3) Triggers for "Demolition" thresholds versus “Construction Mitigation Disturbance Square Feet”. There are circumstances where construction activity does not trigger the “Demolition” threshold, however, the area being altered exceeds 2,000 square feet in disturbance area. To make sure these larger impact projects are captured, staff designed the code to target permits under the established categorization of “Major Impact” (a project with greater than 2,000 sq. ft. of construction mitigation disturbance area). Staff presented the options for applicability of permit types to Council on May 13th where Council directed staff to target “Major Impact”. For example, the Mountain Chalet applied for a building permit to undergo a major remodel and interior improvements, however, the building disturbance area did not trigger a “Demolition” permit review because it is altering less than 40% of the existing structure. These alterations will exceed 2,000 sq. ft. of disturbance generating lots of recoverable debris for disposal. To ensure the C&D diversion code captures projects with the greatest likelihood to produce recoverable building materials, staff recommend “Major Impact” projects to be the trigger for the proposed C&D code since a “Demolition” permit threshold would not trigger this policy in certain circumstances. Construction Mitigation Disturbance Square Footage: means the combined square footage of the building work area in addition to all the soil disturbance area as demonstrated in a City of Aspen permit application for construction, development, redevelopment, modifications and additions to existing developments undertaken within the City of Aspen. Demolition as defined in Title 26 Land Use Regulations: To raze, disassemble, tear down or destroy forty (40) percent or more of an existing structure (prior to commencing development) as defined and described in Chapter 26.580. For the method of determining demolition, see Section 26.580.040, Measurement of demolition. Demolition shall also include the removal of a dwelling unit in a multi- family or mixed-use building, its conversion to nonresidential use, or any action which penetrates demising walls or floors between Multi-Family Housing Units if such action is 85 undertaken to combine the units. (See Section 26.470.100(d), Demolition or Redevelopment of Multi-Family Housing.) 4) Discussion on Unsorted Load Fees The Pitkin County Solid Waste Center (PCSWC) charges a tipping fee based on the amount of debris and type brought to the facility for handling. Tipping fees support the maintenance, operations, and labor of the Pitkin County Solid Waste Center and are applied by the Solid Waste Center on every load regardless of source. Tipping fees are solely income generating fees for the Pitkin County Solid Waste Center and are not exclusive to this program. At the PCSWC, an unsorted load tipping fee is distinct from general construction trash tipping fee. An unsorted load contains a mixture of materials that could have been recovered for recycling with trash, but due to the unsorted nature of the container, the salvageable materials are landfilled. The tipping fee for general construction trash is $107/ton. If the container is found to have recoverable materials mixed with the construction trash, the county charges an additional $138/ton, making the tipping fee $245/ton. Though the PCSWC maintains some of the highest tipping fees for trash disposal, this cost is still not a big enough motivator to get construction projects to separate out their recoverable. This is demonstrated by the waste characterization study that shows over half of the landfilled C&D debris was recoverable products. City staff designed the proposed code to include a penalty for violators who throw away recoverable materials as trash, named the unsorted load fee. Maintaining a penalty for noncompliance, as a code violation, is common municipal function and provides staff with the tools to enforce against those who act in opposition of the code, even after staff intervention, education, and progressive enforcement techniques. The City’s unsorted load fee would be assigned if a project deliberately landfills recoverable materials (producing unsorted loads) even after staff intervened with education and warnings. In addition, the proposed unsorted load penalty would act as a tool for staff to keep projects accountable for diversion once they have reached their minimum eligibility for a deposit return. The City’s penalty fee was determined by a team of consultants that studied the environmental damage of throwing away the recoverable materials. If a penalty fee is to be assigned, it would be $495 per ton of unsorted load. The City’s unsorted load fee is separate and distinct from the County’s fee. The County’s fee is implemented to support operations and longevity of the landfill while the City’s fee is a municipal penalty assigned to violators of the code. 5) Space Considerations and Cost Analysis 86 The demolition phase of a building project is typically the shortest part of the entire building process. The proposed code would increase the time it takes to decommission a structure by anywhere from 2-3 times longer. The potential impacts on the core involve the trucking of materials away from the site and use of machinery during the demolition phase for a longer duration. When considering the spatial needs for the separation of materials and the impact on the rights-of-way and streets, staff did not find a significant impact to the downtown area versus business-as-usual practices. This is because the volume of materials removed from the structure is not changing and the space needed to separate materials can be done on site without the use of additional dumpsters. The practice of salvaging takes longer than razing a structure to the ground, but it does not significantly impact the needs of on-ground storage for materials. Costs to the construction industry under a policy of this kind would vary depending on the project’s size, business familiarity with deconstruction practices, and the existing structure’s material make up. Staff hired consultants to evaluate the cost differential between scrape and replace practices to practices that salvage building materials. Upon interviews with the local development community, the consultants found minimal additional cost increases under the regulations of this code. The largest potential for cost increases would come from labor needs due to the extended demolition timeframe. The following information outlines cost considerations for projects administered under a diversion code. Labor: 2-3X more compared to scrape and replace practices. Equipment: Shredder to condense materials (not necessary to achieve purpose of this policy), additional dumpsters or hauling (dumpsters on the ground for a specific, single recoverable material is not necessary to achieve purpose of this code). Tipping Fees: This table demonstrates the tipping fees for unsorted loads and tipping fees for materials separated by type. Contractors noted the steep discount in tipping fees for salvageable materials can offset the costs of additional labor to perform the separation. Material Type Tipping Fee at Pitkin County Diversion potential Unsorted C&D debris $245/ton Not salvage Pallets and Untreated Wood $45/ton Salvageable Scrap Metal Free Salvageable Clean Screenable Soil $10.50/ton Salvageable Clean Asphalt $15.00/ton Salvageable 87 Clean Rock & Cover Soil $15.00/ton Salvageable Clean Concrete $45.00/ton Salvageable Dirty Concrete (Concrete with rebar, snowmelt tubing, wire mesh) $75.00/ton Salvageable 6) Greenhouse Gas Reductions Aspen’s annual landfill waste generation accounts for 16% of the community’s greenhouse gas emissions as of 2020. C&D debris is the single largest category of material deposed of as trash in the landfill. There would be direct reductions in the City’s emissions inventory if the City were to reduce C&D debris buried in the landfill. On average, C&D debris accounts for 53% of the total materials buried in the Pitkin County landfill. This is a result of Aspen’s robust building and development activity paired with an absence of consistent waste diversion practices. For the City to take meaningful action in reducing associated GHG emissions, Aspen needs to implement waste diversion regulations to accelerate the diversion of C&D debris. A Pitkin County waste study completed in 2022 found over half of all C&D debris landfilled had a locally available market for recycling or salvaging. For example, concrete makes up an estimated ~20% of the C&D debris thrown away as landfill trash annually. Concrete is made from cement, and the production of cement is “the third largest industrial energy consumer and it contributes approximately 7% of global GHG emissions” (International Energy Agency 2018 Report). Within the Roaring Fork Valley there are vendors who accept torn-up concrete to produce a recycled aggregate concrete that supplements a virgin aggregate; this is only possible if there is a supply of recycled concrete to replace the need for virgin materials, like cement. The Carbon Leadership Forum states, “globally, the building and construction sectors account for nearly 40% of global energy-related carbon dioxide emissions in constructing and operating buildings (including the impacts of upstream power generation)”. The proposed policy has the potential to reroute the demand for virgin materials and divert the permanent disposal of thousands of tons of materials which have the greatest leading emissions factors, globally. Additional Emissions Considerations: Near 50% of C&D waste comes from wood and lumber. When left to decompose in the landfill, one ton of lumber emits 2 mt CO2e per year. For perspective, 88 Aspen had ~17,000 tons of C&D waste sent to the landfill in 2023. Diverting lumber for reuse or for use as mulch or to be turned into a refurbished product will preserve the carbon that has been sequestered by the wood and prevent further emissions from the landfill. Steel and metal are carbon-heavy products. Similar to concrete, metal manufacturing requires a lot of energy to produce usable construction products. Recycling steel and metal can help reduce the upstream carbon impacts of those products in the community. Materials used in construction travel great distances from the manufacturers to get to Aspen. Diverting materials for recycling or reuse can help lower the City's transportation emissions because fewer trips will be needed if materials are available for use within the community. The equipment and machinery used to bury landfilled debris releases emissions as it breaks down and condenses the trash to preserve airspace in the open cells. Reductions in trash from C&D diversion will reduce the operational emissions of the landfill. 7) County Diversion Statistics The one project that did not qualify for a deposit return in 2023 was due to a miscommunication between the project manager and the PCSWC. The County noted this project is still active and on track to meeting the minimum diversion qualification and receiving their deposit. Over the last two years, none of the County projects have forfeited their entire diversion deposit due to their inability to meet the diversion regulations. 8) Nuances and expectations for hard to recover, recoverable materials. During preconstruction meetings staff will work with project managers to discuss the anticipated recoverable materials and set expectations for the hard to recover, recoverable materials. Staff will provide leniency for products such as wood that may be attached to concrete, and glues, making them hard to recycle. The permittee is to maintain clear communication with staff on which “recoverable materials” will be landfilled because of the nature of the material or the time necessary to remove the adhered alternative materials. Staff will then work with PCSWC to ensure loads that contain these hard to recover materials are not charged an unsorted load fee, but rather a general construction waste fee, which is cheaper. 89 Timestamp Contact (Name and Email) What business or organization are you representing? With the landfill reaching the end of its life, are you concerned over 40% of waste buried is C&D debris that could have been recycled? Do you think the City of Aspen should adopt a waste diversion code similar to Pitkin County's? "The diversion requirements of Pitkin County are: that a minimum of 35% of total project related waste by weight shall be diverted from trash AND that 100% of the materials listed as Recoverable Materials shall be diverted from trash." https://pitkincounty. com/DocumentCenter/ View/26097/Ord015202 0 What size project should be required to separate and recycle C&D debris? How much of a construction site's recyclable C&D debris should the City require to be diverted from the trash? Recyclable C&D debris is defined as: • Concrete • Corrugated Cardboard • Porcelain • Metal Appliances • Asphalt • Rock and Dirt • Metal • Single Stream Recyclables • Organics • Untreated (no stain, paint, or chemical treatment) lumber and pallets Do you have enough background information or resources to be successful in separating C&D debris for recycling? (select all that apply) Can you think of any incentives that would make it easier for a project to comply with a landfill diversion requirement? (ex. waived encroachment fees for recycling dumpsters)Additional comments or concerns related to a required C&D debris recycling ordinance: 3/18/2024 13:16:57 Aspen Skiing Company Yes Yes 2,000+ sq ft 35% Yes, I'm familiar with separating debris on site, for recycling. 3/20/2024 8:38:16 Scott Hershey Contractor Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 75% Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling. Waived fees would be huge. It is quite burdensome to pay $40/day ($100/day in the core) to add an extra dumpster for recycling if you need street parking. If you have a site that has plenty of space this incentive does not work. Having people learn what is recyclable is really hard and costly having labor on site all day making sure things are recycled. We are the largest market in the US for engineered lumber. None of this is recyclable and needs to go to the landfill. Asphalt, concrete, and rebar should be required to be recycled and have a hefty pricetag to go with it going into the landfill. Metal is not too hard. Porcelain is generally too small of an amount over the course of a job to worry about and get a separate dumpster for. Cardboard is easy and would be easier in the COA if there was a dumpster at the recycle center by city hall. Organics really doesn't apply to construction. 3/22/2024 8:55:15 Contractor No No 0% - No requirement.No, I am unfamiliar with recycling of C&D debris.None 3/22/2024 9:10:51 Margarer Long Architect Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, ALL PROJECTS 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling.waved fees, other enticing incentives I am excited that this community takes caring for our earth seriously! 3/22/2024 13:24:12 keith@kmwconstruction. com Contractor Yes Unfamiliar with the code 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 75% Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling.Monetary to contractors More than can be placed here 3/22/2024 16:28:47 Anne Grice anne@annegrice.com Interior Architect & Designer Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft, Over 600 SF 75%No, I am unfamiliar with recycling of C&D debris.waived encroachment fees for recycling dumpsters. City provided recycling dumpsters.Must make it easy for contractors to comply - are these recycled at the dump? That would be best. 3/22/2024 22:24:55 Contractor Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft 50% Yes, I'm familiar with separating debris on site, for recycling. Cost savings for general contractors and homeowners. Currently we shred all of our demolition and it goes as ground cover for the landfill at $15/tn. This results in less truck traffic and a second use for materials as ground cover for domestic waste. Our concrete is pulverized and rebar is removed. This recycles the metal and our clean concrete is recycled into new aggregate or processed and used on other jobs. Also applying 100% recycle rate to projects when waste is diverted from the landfill. Currently if I recycle clean concrete at Elam or WSM only 95% of that waste weight is considered recycled; despite the landfill not having to manage it which is the goal of Green Halo. Rather than limit demo permits adopt Pitkin County’s Green Halo program. Work with the county to up the percentage recycled. Our company, Stutsman Gerbaz Earthmoving, averages 80% diversion rate and recycled rate through innovative solutions all backed by Green Halo data. This ensures longevity of the landfill as well as updating older homes to current code which is significantly more efficient than the buildings being demolished. 3/23/2024 6:57:12 Contractor Yes No 5000 35% Yes, I'm familiar with separating debris on site, for recycling. Provide more space on streets and ROW to place proper dumpsters for sorting without having to rent the space from the city including the parking spaces Better coordination with the dump regarding what is recyclable any concrete that is demoed has a 90 percent chance it has metal in it which is deemed dirty. 95 percent of the wood removed from a house has nails or is painted which is deemed dirty. Most new wood installed in homes is manufactured (has glue) which is not recyclable. If trash is hauled to an alternate location there should not be a penalty. 3/26/2024 15:22:23 Contractor, Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 50% Yes, I'm familiar with separating debris on site, for recycling. 3/26/2024 15:27:26 Kurt Hackbarth Bulldogth12@gmail.com Laborer Yes Yes 2,000+ sq ft No, I am unfamiliar with recycling of C&D debris., I would attend a training on how to effectively separate debris on site for recycling.Give a credit of some kind towards permit fees or expedite permits if people participate Create a cool restore mid valley to resell materials like construction junction used to do 3/26/2024 20:14:45 Contractor No No 2,000+ sq ft 0% - No requirement. Yes, I'm familiar with separating debris on site, for recycling. Construction is the scapegoat here. The city and county need to increase the size of the landfill or identify solutions. We need to think in 100 years not 10 years as it relates to infrastructure like trash removal which is vital to our survival. With respect to the sorting. We are doing 3x the trucking traffic in the county with green halo taking out the trash bins separately once it’s sorted. As it relates to the total energy use are we really getting a benefit for this additional carbon footprint (ie hauling 3 trailers vs 1)? Trucks! Traffic! Disposing!! This should not be about whether to divert trash in the short term but what is leadership doing to address a new landfill or landfill expansion? What about 50 years from now? So the headline says…the landfill is out of capacity in 10 years. So, what’s the 100 year plan? Just like the airport “vision plan” leadership has done nothing and now traveling in and out of here is a continued nightmare where the ultra wealthy fly in and out of here rendering the “recycling” benefit meaning less. If we recycle trash how much does that save in comparison to a G650 that flies in and out of Aspen 15/20 times per year. Recycling kicks the can down the road (or at least gives more time for the landfill) but what about addressing the future. Make something happen. Leadership in Aspen and the county is ineffective in addressing the big issues. Airport. S curves. Lumberyard. Centennial. Teacher housing. Smuggler Raquet club. No young people can afford to live here. Rich people can barely justify living here. This proposal is a tax on the ultra wealthy at the end of the day since they’re they only ones who can afford to build. Your rules and regulations around housing and the building code have so many unintended consequences but blaming everything on climate change and the building business is just short sighted. Why is new construction $2k/$3k per foot? Much of that is due to the energy codes. I’m a 35 yo born and raised in Aspen running a 2nd generation family business barely able to survive. STOP MAKING NEW RULES THAT ARE HARD TO FOLLOW. IF YOU ARE READING THIS AND YOU HAVE NO EXPERIENCE WITH TRASH REMOVAL OR CONSTRUCTION THEN YOU SHOULD RESPECTFULLY STOP TRYING TO CREATE NEW TRASH REGULATIONS. BUILD ADDITIONAL CAPACITY AT THE LANDFILL AND WORK ON A LONG TERM SOLUTION FOR THE NEXT 50 - 100 YEARS 3/26/2024 21:32:34 Aspen resident, Michael Cramer mcramer502@gmail. com Unsure Unfamiliar with the code 0 - 1,000sq ft 100% - Everything that can be salvaged for recycling.No, I am unfamiliar with recycling of C&D debris.Tax cut 4/1/2024 12:53:12 Tiffany Phipps Contractor Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, All 75% Yes, I'm familiar with separating debris on site, for recycling. waived fees for recycling dumpsters, extra alley space or waived encroachment or parking space fee's for extra dumpster locations given things need to be sorted as they are coming out of a project. 4/10/2024 19:46:35 Contractor Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, 50%No, I am unfamiliar with recycling of C&D debris. 4/12/2024 8:13:53 ikipp@hdaspen.com Contractor Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling.Yes, need to waive encroachment fees for waste/recycling containers 4/17/2024 13:56:09 Marisol Foreman - marisol. foreman@rowlandbroug hton.com Architect Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. I would attend a training on how to effectively separate debris on site for recycling.Allowing for composting of organic material and untreated lumber on site or at a local facility. Can the City store a stockpile of salvaged structural elements (steel and lumber) that can be regraded and reused on other projects? City of Boulder did this with the Hospital deconstruction project where they reused the steel for the fire station, but that was a one off project where both sites were owned by the City of Boulder. They are looking into a longer term solution for storage of larger stockpiles as well. 4/17/2024 14:19:55 anita bineau Aspen resident Unsure Yes 2,000+ sq ft 100% - Everything that can be salvaged for recycling.No, I am unfamiliar with recycling of C&D debris.Allow demolition permits if you recycle 4/17/2024 15:05:19 Bill bill@wnggroup.com Aspen resident No No 2,000+ sq ft 50% Yes, I'm familiar with separating debris on site, for recycling. Reduced CMP fees, enhanced availability of materials grinders - maybe grinders should exist at the landfill not at the site 4/17/2024 15:07:52 Andrew Pegler acpegler@gmail.com Aspen resident No No 2,000+ sq ft 50%No, I am unfamiliar with recycling of C&D debris.Significant refund of any fees paid for meeting recycling targets. Don't add more complexity to the overall process. The City means well, but it gums up nearly everything it touches. Make this as simple and as streamlined as possible to meet the clear, objective goals. For every new regulation/code etc. added, consider removing/streamlining another. Less can be more. 4/17/2024 15:54:33 Architect Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. I would attend a training on how to effectively separate debris on site for recycling. 4/17/2024 20:49:37 Robyn carley Robyn@arosllc.com Contractor, Laborer Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, All of them! 100% - Everything that can be salvaged for recycling. I would attend a training on how to effectively separate debris on site for recycling.Free containers and pickup 4/18/2024 14:49:26 development industry professional Yes Yes all projects requiring a building or right-of-way permit 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling.flexibility in CMP regulations to allow for more roll-aways and staging of materials separation on site. this is not just a solid waste issue. it is a climate issue. and it is a community values issue. development pays its own way in Aspen. that should extend to negative externalities from development on air, water, noise, and light pollution, and land fill capacity. 90 Timestamp Contact (Name and Email) What business or organization are you representing? With the landfill reaching the end of its life, are you concerned over 40% of waste buried is C&D debris that could have been recycled? Do you think the City of Aspen should adopt a waste diversion code similar to Pitkin County's? "The diversion requirements of Pitkin County are: that a minimum of 35% of total project related waste by weight shall be diverted from trash AND that 100% of the materials listed as Recoverable Materials shall be diverted from trash." https://pitkincounty. com/DocumentCenter/ View/26097/Ord015202 0 What size project should be required to separate and recycle C&D debris? How much of a construction site's recyclable C&D debris should the City require to be diverted from the trash? Recyclable C&D debris is defined as: • Concrete • Corrugated Cardboard • Porcelain • Metal Appliances • Asphalt • Rock and Dirt • Metal • Single Stream Recyclables • Organics • Untreated (no stain, paint, or chemical treatment) lumber and pallets Do you have enough background information or resources to be successful in separating C&D debris for recycling? (select all that apply) Can you think of any incentives that would make it easier for a project to comply with a landfill diversion requirement? (ex. waived encroachment fees for recycling dumpsters)Additional comments or concerns related to a required C&D debris recycling ordinance: 4/19/2024 10:41:59 Catherine Lutz cathlutz@gmail.com Aspen resident Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft 100% - Everything that can be salvaged for recycling. No, I am unfamiliar with recycling of C&D debris., I would attend a training on how to effectively separate debris on site for recycling.Clearly labeled containers/dumpsters 4/21/2024 8:08:17 Aspen resident No No 0% - No requirement. Yes, I'm familiar with separating debris on site, for recycling. 4/21/2024 8:28:30 Eric Knight eknight@teamavsc.org Aspen resident Yes Yes 2,000+ sq ft 75% Yes, I'm familiar with separating debris on site, for recycling.red tags for non compliance 4/21/2024 8:46:24 Eric Aanonsen eaanonsen@ssccolorad o.com Contractor Yes No Over 6,000 sf 35% Yes, I'm familiar with separating debris on site, for recycling., Yes. And on new construction it’s unattainable unless the threshold. Is closer to 35%. Demo, very attainable. For new construction, the cost to execute is too great between added manpower and dumpsters ( and cost for each dumpster “pull”). The space required for additional dumpsters just doesn’t exist on projects in the City. Demo is more achievable, but also challenging given space constraints on site. Please meet with GCs that are going through the process in the County for honest feedback. Yes, something needs to be done to extend the life of the landfill, but understand what is truly involved in executing the new policy in the County, and look at the current projects in downtown and how they could possibly execute the plan. I think you’ll find that most cannot due to site constraints. Those that have space would incur a lot of added cost in labor to separate material properly ( it requires a “skilled” laborer ) and a multitude of additional “dumpster pulls” per month (or per week). Maybe consider a sliding scale following a site visit to the project to understand what is recyclable. Are there “tons” of concrete, interior and exterior stone, boulders, etc to recycle? Or is it old siding and generally light materials, and old / unsalvagable windows being replaced? Those are two very different project types. Lots of things to consider in my opinion. 4/21/2024 9:06:40 Willet Mather willetm@yahoo.com driver for excavating company Yes Yes 2,000+ sq ft 35% Yes, I'm familiar with separating debris on site, for recycling.Financial incentives for shredding demolition debris are already very generous. One big suggestion that I would make, given my background as a dump truck driver for a demolition contractor, is to require that shredded demolition debris be substantially wet down before it reaches the landfill. The shredded debris is lightweight and very dusty. Wetting it down would greatly reduce dust-related health hazards for workers/neighbors at the jobsite, while also reducing the amount of debris/dust that blows out of the back of the trucks that transport the debris to the landfill. Perhaps most importantly, at least from a landfill capacity point of view, compacting demolition debris that is wet (rather than dry and VERY "fluffy") would almost certainly result in much-improved rates of compaction without impacting groundwater (since there is negligible drainage from the wet debris). 4/21/2024 11:18:22 Patrick Hunter Contractor Yes Yes All 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling.higher fees The landfill is a limited common resource. Destroying existing structures and building new ones in their place is not sustainable. This produces GHG emissions. This adds to global warming. This crisis exists because of the great wealth that operates in the county. They externalize the use of this wealth to detriment of everyone else. From private jets, to mega houses, to overwhelming construction waste. One option is to refuse to take the waste. Send it to Rifle instead. They have room. https://www.garfield-county.com/landfill/ See photo: https://www.garfield-county.com/news/recycling-at-landfill/ I have thought for years that the waste pile at the landfill could be mined. It might cost a lot, but it would be cheaper than a new landfill. There are furnaces that can be used to produce electricity that are emissions free. 4/21/2024 13:29:32 Cristie ocean.cl@cox.net Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, All 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling.More places to recycle. For consumers too. Absolutely essential! There should be recycling fees and containers or trucks should be easier to access. Contractors are leaving waste all over the place to deal with not having to take to recycle. 4/21/2024 18:43:00 Contractor Yes Yes 0 - 1,000sq ft 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling. 4/21/2024 18:46:37 Contractor No No 0% - No requirement. Yes, I'm familiar with separating debris on site, for recycling.The dump is the problem. Not the source material 4/21/2024 19:15:26 Hilary Forsyth hilaryforsyth@yahoo. com Aspen resident Yes Yes All sizes 100% - Everything that can be salvaged for recycling. I would attend a training on how to effectively separate debris on site for recycling.Incentives or a fine or both People need education and a willingness to spend the effort to not just throw it away. 4/21/2024 21:44:05 Architect Yes Yes 1000 + sq ft 75% Yes, I'm familiar with separating debris on site, for recycling.Make it mandatory with a reasonable penalty Educate the public more of the landfill's lifespan and post landfill's alternative transport and cost. Have the press cover the issue 2-4 times/year. 4/21/2024 21:59:31 lauren.bullard@gmail. com Aspen resident Yes Unfamiliar with the code Demolition projects 50% No, I am unfamiliar with recycling of C&D debris., I would attend a training on how to effectively separate debris on site for recycling.I’m not sure I know enough to make a suggestion. 4/22/2024 1:30:32 Architect Yes Yes All 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling.We need to go beyond material recycling and add appliances, equipment, etc. 4/22/2024 1:34:38 Mark Mayer markmayerpdb@yahoo. com Concerned citizen, Contractor, Aspen resident.Yes No 4000+ sq. ft.0% - No requirement. The County should do it on their site. The problem lays in other codes forbidding processing on home sites.Can't think of any. That is why we pay, very well, the big people at the dump. C+D debris should be treated, at the land fill, separately from the trash component. Much like it is already. Come up with some salable products with the wastes. Or find another land fill area which doesn't need a liner, daily capping, perpetual monitoring, etc. Perhaps an incinerator/power generator for wood products. 4/22/2024 8:28:01 kimcoates@me.com Aspen resident Yes Yes 2,000+ sq ft 75% I would attend a training on how to effectively separate debris on site for recycling. 4/22/2024 9:02:30 Candace Sipsey candancevt@yahoo.com Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. No, I am unfamiliar with recycling of C&D debris., I would attend a training on how to effectively separate debris on site for recycling.Diverting only a certain percentage would be hard to enforce so all or none. 4/22/2024 9:36:31 Aspen resident Yes Yes Any size project 100% - Everything that can be salvaged for recycling.No, I am unfamiliar with recycling of C&D debris.Make the permit contingent upon proof that it is done.Why wasn't this already in place? 4/22/2024 10:38:42 Aspen resident Yes Yes 2,000+ sq ft 75%No, I am unfamiliar with recycling of C&D debris.Contractors will just build the cost into their bids. no waivers needed. 4/22/2024 13:33:11 sustainability organization, aspen staff Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. No, I am unfamiliar with recycling of C&D debris., I have lived in communities that recycle debris and know it's possible. With the state of our landfill, we should take any step we can to reduce our impact on the environment.You've tried incentives and they don't work. We're at a point where policy needs to stand. Make tough decisions. 4/22/2024 15:27:32 Jack Danneberg jackdanneberg@gmail. com Aspen resident Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft 100% - Everything that can be salvaged for recycling.No, I am unfamiliar with recycling of C&D debris.The landfill fees are absurdly low. Increase those fees 10x that will be a good incentive 4/22/2024 15:44:31 skjdesign@comcast.net Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, All 75% I’m a resident, but I think all contractors & re- modelers should a course No, they will have far fewer trip to the landfill w/ charges, that should be incentive. The dumpsters can’t b exempt because their added encroachment would mean there are fewer spaces on site for construction workers parking. There are too many workers parking on streets. They need to be accommodated on site! There are too many C&D permits to begin with! So, Of course there’s too much debris. Start there 4/22/2024 21:40:40 Kristen FIrman Aspen resident Yes Yes 2,000+ sq ft 50%No, I am unfamiliar with recycling of C&D debris.Reduced fees, expedited approvals, special designation by the city as an "Aspen Green Contractor" I am ALL for recycling. My concern is that the cost to do this will further exacerbate the high cost of construction in Aspen making projects even more cost prohibitive for longtime locals who want to update and renovate their residences. 4/23/2024 8:38:20 Pam Gabel - pam. gabel@aspen.gov Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. No, I am unfamiliar with recycling of C&D debris., I would attend a training on how to effectively separate debris on site for recycling.waived fees is good, some kind of rewards system? 4/23/2024 11:41:17 Carrie Williams, carrie. williams@aspeninstitute. org employee in Aspen with construction projects Yes Yes 2,000+ sq ft 75%No, I am unfamiliar with recycling of C&D debris. credit on permit fees, grants or reimbursed fees for extra dumpsters, COA provided signs for labeling dumpsters, training. I believe this is the right thing to do but change is hard. Need to show the benefit, there are many reuse/upcycle centers in the US. Scrap metal, wood, plastics are taken buy the community to create clothing, art etc. Many models to learn from. 4/23/2024 16:53:45 Kim kim@krai.us Contractor, Architect, Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling. I like the example. AND. for smaller projects or interior remodels or units in multi-family buildings, perhaps we could find a way to allow those projects to put their separated materials in the bins at the recycle center in town for a fee... only if they can prove that there is no way to separate and recycle on site. Could there be a tax credit given? Perhaps the program could have a stepped fee structure... the more you divert, the less you have to pay in fees for what you do take to the landfill. IF you don't divert anything you would be charged the highest rate plus a fine for not complying at all. This fine should be very large, so it is painful enough to have an impact, even on those that have the funds to pay. It would be a hard thing to "police" or follow up on... so there needs to be some sort of documentation that each project would be required to submit, showing where all the C&D materials went. I also think the process with the City needs to be simple, fast and straight forward for the contractors. The process of getting a building permit is already so arduous, that this well intentioned and important program needs be easy to comply with. 91 Timestamp Contact (Name and Email) What business or organization are you representing? With the landfill reaching the end of its life, are you concerned over 40% of waste buried is C&D debris that could have been recycled? Do you think the City of Aspen should adopt a waste diversion code similar to Pitkin County's? "The diversion requirements of Pitkin County are: that a minimum of 35% of total project related waste by weight shall be diverted from trash AND that 100% of the materials listed as Recoverable Materials shall be diverted from trash." https://pitkincounty. com/DocumentCenter/ View/26097/Ord015202 0 What size project should be required to separate and recycle C&D debris? How much of a construction site's recyclable C&D debris should the City require to be diverted from the trash? Recyclable C&D debris is defined as: • Concrete • Corrugated Cardboard • Porcelain • Metal Appliances • Asphalt • Rock and Dirt • Metal • Single Stream Recyclables • Organics • Untreated (no stain, paint, or chemical treatment) lumber and pallets Do you have enough background information or resources to be successful in separating C&D debris for recycling? (select all that apply) Can you think of any incentives that would make it easier for a project to comply with a landfill diversion requirement? (ex. waived encroachment fees for recycling dumpsters)Additional comments or concerns related to a required C&D debris recycling ordinance: 4/24/2024 11:12:51 Mark Kirch mark@madiganco.co Contractor Yes Yes 0 - 1,000sq ft 75% Yes, I'm familiar with separating debris on site, for recycling. Definitely the waived encroachment fees for recycling dumpsters would be a carrot, and the deposit is a good stick. There are two big hurdles in recycling: space on site for separate waste containers and training everyone on the jobsite to use the correct container. Some jobsites are just so tight that separate containers are next to impossible. The new 10 yard roll offs help somewhat, but there can be so many different types of waste that it becomes overwhelming, and you almost need a full time person to separate and organize the different waste streams. As such, I think we should focus on the low-hanging fruit, which from my point of view are Concrete, Cardboard, Metal Waste, and Single Stream. Asphalt is a no-brainer - 99% of that is already segregated and recycled. The same is true for rock and dirt removed from mass excavation. Concrete is something that I often see in mixed-waste dumpsters during demolition, so separating that makes sense. It would be great if tile or other topping materials could be left attached to it - would that cause a problem? We also end up with quite a bit of metal waste, often during concrete demo, but it's far less in volume than other items, and therefore more easily separated. As a project progresses, we receive mountains and mountains of items packed in cardboard! I used to have my laborers pile it up and then take it over to the recycling drop off at Rio Grande Park, but now that's not an option. I've never asked a waste hauler about a cardboard-only roll off, but I think it would be really valuable if they offered that as a service. As for single stream, with so many guys eating and drinking all day on the jobsite, we generate a massive amount of cans and single use plastics which could be recycled, but rarely are, in my experience. They typically end up in the mixed-waste dumpster. Making it mandatory for jobs to have regular food waste and single stream recycling pick ups would help a lot. It would be possible to monitor this if we were required to provide copies of our billing statements as a condition of our permits, or if it were incorporated into Green Halo, somehow. In terms of clean, untreated wood, that's a tough one. Virtually all of the wood we use for building the house is engineered, and non-recyclable. The non-treated wood we do have on site is typically from safety rails or pallets, and keeping it segregated from the rest of the waste takes up a lot of space. Given the relatively low value of this material for recycling, I wouldn't focus too much time and effort on this. If every project were subject to the same requirements, it would help standardize things across all projects, and gradually, people would learn the new protocol. Thanks for all your great work on this issue!! 4/24/2024 13:28:24 Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft, ALL 100% - Everything that can be salvaged for recycling. 4/29/2024 12:15:32 Romany Iacono riacono970@gmail.com Aspen resident Yes Yes 0 - 1,000sq ft, 1,000 - 2,000sq ft, 2,000+ sq ft 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling. 5/7/2024 9:00:29 Lucas Franze zglfinc@gmail.com Contractor, Waste Hauler, Aspen resident, Laborer Yes Yes All 100% - Everything that can be salvaged for recycling. Yes, I'm familiar with separating debris on site, for recycling., I would attend a training on how to effectively separate debris on site for recycling., Easier said than done I used to get paid for picking up and returning aluminum cans which had a deposit on them I’ve been to the landfill and watched as recoverable materials are buried, could the landfill itself do a better job of diverting the materials instead of buying them, ? I believe so… I think the use of live enzymes would be beneficial for the composting process.. The proposed expansion of the landfill at 18 million and tipping fees of 870 million seems like it’s worth it for business as usual for another 70 years, maybe by then the stuff will be composted enough to be mined for some kind of new beneficial use.. 9/20/2024 9:00:02 Sam Barney sambarney@comcast. net Aspen resident No No 2,000+ sq ft 35% Yes, I'm familiar with separating debris on site, for recycling. The solid waste center aka landfill needs to have markets for the diversion materials. Manufacturing needs to be held accountable for end of life for their products. There may not be space on job sites to separate materials so creating that space either at the landfill or otherwise is important. Yes, the solid waste center should just separate everything there. One container, one truck, one trip, less space elsewhere. And then they should mine the landfill and bring in a plasma gasification system and put workforce housing and energy storage up there. 11/1/2024 8:27:09 Planner Yes Yes 2,500 sq ft or just make sure to exempt deed restricted units due to cost impacts 100% - Everything that can be salvaged for recycling.No, I am unfamiliar with recycling of C&D debris.This should just be happening and should not be incentivized.Create an exemption for affordable housing / make sure the sq ft is large enough to cover most AH condos. 11/1/2024 12:12:08 Aspen resident Yes Unfamiliar with the code 35%No, I am unfamiliar with recycling of C&D debris.Will this result in longer construction timelines? 11/1/2024 19:26:46 Kirstin Klein East of Aspen resident Yes Yes 1,000 - 2,000sq ft, 2,000 + sq ft 100% - Everything that can be salvaged for recycling. No, I am unfamiliar with recycling of C&D debris., I am surrounded by incessant remodeling and expansion. In the 13 years I have lived in this location, there has never not been construction within a 300 yard radius. It’s not sustainable! The waste is disgusting. Would rather you make it more difficult to build and remodel. People shouldn’t have10k square foot houses that they visit twice a year.Do it! 11/3/2024 19:04:04 Aspen resident Yes Yes 2,000+ sq ft 100% - Everything that can be salvaged for recycling. Everyone who uses the landfill should have this information. I think construction and demolition projects should be required to comply and pay fully. Maybe new owners will think more carefully about what can be saved and/or used and lived in or worked with before demolishing - or pay fully if that decision to just demolish is made. There are some extremely large homes and buildings in Aspen and over the years, so much has been torn out and replaced in some cases, multiple times. We are seeing the consequences of leniency. Besides, how is the city going to pay the additional people needed to oversee this? On-site management of this ordinance needs to be in place. 92 Required Diversion of Construction and Demolition Debris The City of Aspen is considering a policy that requires the separation and recycling of building materials from permitted projects. Here are the details: 1. Who? a. Permitted projects with more than 2,000 square feet utilizing the Construction Mitigation Plan calculation. b. This is the combined square footage of the building work area + soil disturbance area. 2. What? a. All Recoverable Materials must be separated and designated for recycling, repurposing, reuse, or any other alternative recoverable management practice. b. Materials requiring diversion: i. Concrete ii. Corrugated Cardboard iii. Porcelain iv. Metal Appliances v. Asphalt vi. Rock and Dirt vii. Metal viii. Single Stream Recyclables ix. Organics x. Untreated (no stain, paint, or chemical treatment) lumber and pallets 3. How? a. Permittees must submit a deposit to the city based on the estimated tonnage of debris generated from the project. Projects will not be eligible for a return of the deposit if they do not meet a minimum of 50% diversion by the time of Final Inspection. b. Loads of trash that include any recoverable materials (listed above) will be penalized. c. Similar to Pitkin County, the city will use the software Green Halo to track a project’s diversion and landfilling of debris. 4. Why? a. 53% of the materials disposed of in the landfill are building materials; over half of those materials could have been recycled locally. b. City Council tasked the city staff with developing a policy to prohibit the landfilling of recoverable building materials, that are locally recyclable. c. Pitkin County introduced similar regulations in 2021 and has seen ongoing success with an average diversion rate of 66%, per construction project. 5. When? 93 a. Staff will introduce a proposed regulation via Ordinance to City Council this fall for consideration and passage. Thoughts? The city would like to hear from you. Contact waste@aspen.gov to share your experience or perspectives on a potential diversion regulation. Or, contribute your feedback to this survey: https://forms.gle/bQ6xfFVbJkPg23my8 (spanish https://forms.gle/TcMFWLzRe823nGh57) Please contact Ainsley Brosnan-Smith at Ainsley.brosnan-smith@aspe.gov if you would like to review the draft regulation. 94 1 City of Aspen: Determining Fees for Unsorted Construction and Demolition Waste Loads Introduction and Background Research The City of Aspen hired Lotus Engineering and Sustainability, LLC (Lotus) to create a tool informed by the embodied carbon of construction and demolition (C&D) materials, as well as by the social cost of carbon, to provide a basis for fees for unsorted C&D debris loads brought to the landfill. The Lotus team first conducted research to learn if other communities use similar approaches to determining unsorted C&D load fees and to ascertain the most current social cost of carbon. Utilizing that research, Lotus developed a tool that employs the current social cost of carbon and embodied carbon data to determine appropriate fees for unsorted C&D loads. EMISSIONS FROM LANDFILL WASTE Communities produce solid waste that is most often disposed of at regulated landfill facilities. Solid waste may be sorted to recover materials of value, while the remainder is layered into a landfill and eventually covered. Organic materials can create potent methane gas as they decompose within the landfill. While some of that methane may be oxidized or captured, a portion is freely emitted into the atmosphere. Methane gas is roughly 28 times more potent than CO2 in warming the atmosphere. To preserve landfill space, many communities look to “divert” waste into re -use, recyclables, or compost. This also reduces the impact of anaerobic decomposition of organic materials in the landfills. CONSTRUCTION AND DEMOLITION DEBRIS Of notable concern is waste generated from the building sector. Based on recent studies of the Pitkin County Landfill, more than half of generated waste sent to the 95 2 landfill is C&D debris1. Additionally, a recent analysis of C&D loads sent to the landfill determined that 35% of those materials could have been diverted through existing recycling and reuse programs in Pitkin County2. To preserve landfill space and extend the life of the landfill, Pitkin County is requiring diversion of C&D materials through the passage of Ordinance No. 015-2020 (and Amended Ordinance No. 008-2023) resulting in additional tipping fees for disposal of C&D materials if those waste streams are not separate and diverted from the landfill. All of the following construction materials can be recycled at the Solid Waste Center (SWC): concrete, brick, masonry and porcelain, asphalt, dimensional lumber and pallets, organic material, rock and dirt, scrap metal, cardboard. Mixed loads cannot be separated at the landfill and would have to be deposited as general waste. In an effort to increase diversion and incentivize the separation of divertible C&D materials, Aspen is reviewing Pitkin County’s code to mandate similar diversion requirements paired with fees for noncompliance. OTHER COMMUNITIES AND WASTE DISPOSAL FEES Based on Lotus’ research, using the embodied carbon of materials and the social cost of carbon to inform waste disposal fees is not yet a common practice. Lotus looked into landfills in the American West and did not find any that used this method to calculate fees. The fees determined by these landfills appeared to be mostly arbitrary, with some landfills using higher fee prices to incentivize waste sorting ahead of time.3 South Canyon Landfill in Glenwood Springs, Colorado set fees for unsorted C&D loads at $101 per ton for in-county loads and $157 for out-of-county loads.4 Pitkin County Landfill in Colorado charges $245 per ton of unsorted C&D debris.5 Teton County, Wyoming also has a higher fee for unsorted C&D loads, charging $210 per ton. This is 1 https://www.landfillrules.com/construction-demolition-debris 2 IBID 3 City of Glenwood Springs. “Glenwood Springs Enacts Unsorted Construction & Demolition Waste Fee at South Canyon Landfill.” https://www.cogs.us/ArchiveCenter/ViewFile/Item/491. 4 City of Glenwood Springs. “About the South Canyon Landfill.” https://cogs.us/170/Landfill. 5 Pitkin County Landfill. “Landfill Fees.” https://www.landfillrules.com/pricing. 96 3 mostly due to an influx of development resulting in enormous amounts of C&D debris coming to the landfill; the fee is high in order to help discourage unsorted loads.6 EMBODIED CARBON Embodied carbon represents the “upfront” carbon associated with extraction, manufacturing, and transportation of materials. From a product’s raw materials through its eventual use, there are emissions of greenhouse gases from extraction, transportation, and manufacturing. Additionally, when a product is removed and transported to a landfill, there are additional GHG emissions from those activities. Collectively, this is the embodied carbon of a product. Many companies who specialize in construction related materials and products have published technical third-party verified reports on the carbon footprint of a product, or Environmental Product Declaration (EPD). Lotus utilized a database of EPDs to determine an average embodied carbon metric for identified C&D debris. Figure 1. The many lifecycle stages of materials that contribute to embodied carbon. Image Source New Buildings Institute. 6 Jackson Hole Community Radio. “Overwhelmed by construction waste, Teton Region tries to incentivize diversion from Idaho landfills.” https://891khol.org/overwhelmed-by-construction-waste-teton-region- tries-to-incentivize-diversion-from-idaho-landfills/. 97 4 SOCIAL COST OF GREENHOUSE GASES The social cost of greenhouse gases (SC -GHG) estimates the economic damages that would occur if one extra ton of carbon dioxide equivalent was emitted into the atmosphere. From a policy lens, if a strategy is expected to increase emissions, the expected increase in tons is multiplied by the SC-GHG to estimate the financial cost of the increased emissions. Conversely, if a strategy is expected to decrease emissions, the tonnage is again multiplied by the SC -GHG to estimate the cost savings from decreasing emissions. This is an especially helpful way to monetarily quantify the potential impacts of climate strategies focused on reducing carbon emissions.7 The SC-GHG has many applications, from federal rulemaking to renewable energy resource planning and creating emission caps.8 Since 2008, the EPA has used estimates of the SC -GHG in analyses of actions that affect GHG emissions. The values used by the EPA from 2009 to 2016, and since 2021, have been consistent with those developed and recommended by the Interagency Working Group (IWG) on the SC-GHG , and the values used from 2017-2020 were consistent with those required by Executive Order (E.O.) 13783. Over the last two decades, the SC -GHG has fluctuated as it relies on both economic data and modeled climate impacts.9 In November of 2022, the SC-GHG was updated by the US Environmental Protection Agency (EPA). The EPA found the SC -GHG to be $190 per ton.10 Lotus used the EPA’s updated value in the tool developed for the City of Aspen. 7 Resources for the Future. “Social Cost of Carbon 101.” https://www.rff.org/publications/explainers/social-cost-carbon-101/. 8 Oregon Department of Energy. “Primer on the Social Cost of Carbon.” https://www.oregon.gov/energy/energy-oregon/Documents/2020-Social-Cost-of -Carbon-Primer.pdf 9Brookings. “What is the social cost of carbon?” https://www.brookings.edu/articles/what-is-the-social- cost-of -carbon/#:~:text=An%20extra%20ton%20of%20carbon,to%20equal%20%2451%20a%20ton. 10Resources for the Future. “The US Environmental Protection Agency Introduces a New Social Cost of Carbon for Public Comment.” https://www.resources.org/common-resources/the-us-environmental- protection-agency-introduces-a-new-social-cost-of-carbon-for-public- comment/?mc_cid=33116766a8&mc_eid=417c808d62. 98 5 Aspen’s C&D Debris Disposal Fee Calculator METHODOLOGY To create the calculator, Lotus conducted a life cycle carbon analysis for C&D materials using Environmental Product Declarations (EPDs). EPDs quantify the average kilograms of carbon present in a certain volume or weight of material during its “life cycle.” This value, the embodied carbon of a material, quantifies the carbon emitted during a material’s production, processing, and delivery to its final destination, as well as any “end of life” carbon emitted through demolition, deconstruction, or decomposition. EPD values exist on a scale of less sustainable materials to more sustainable materials. Materials that are less sustainable have a higher embodied carbon content and may require more carbon-based energy to produce and/or emit more carbon during end of life. The higher end of EPDs are labeled as “Conservative.” The middle range of EPDs are labeled as “Average.” The lower end of EPDs, or the most sustainable materials, are labeled as “Achievable.” Lotus used data from the “Average” category to inform the calculator tool. EPDs were used to quantify the life cycle carbon emissions of the C&D debris that can be locally recovered or recycled, for example: concrete, porcelain, masonry, asphalt, dimensional lumber, wood framing, non-ferrous metal, and ferrous metal. Lotus used two additional tools, the EPA’s Waste Reduction Model (WARM) and the Building Emissions Accounting for Materials (BEAM) Tool, to quantify life cycle carbon emissions for cardboard, branches, leaves, grass, and bricks. The final calculations for the tool used the embodied carbon data, conversion factors, and the social cost of carbon to estimate the cost associated with landfilling C&D debris at Pitkin County. 99 6 Table 1. EPDs for C&D Debris TAKEAWAYS Considering the embodied carbon of each locally-recoverable C&D material and the social cost of carbon, Lotus created three different tables in the tool spreadsheet to provide both manual entry or default options. T hese tables contain inputs for dumpster size, dumpster fill percentage or “correction factor,” and volume of debris by percentage for each material type. The first table, titled “Manual Inspection,” is fully customizable and the inputs may be altered to reflect different loads arriving at the landfill. For example, the fee for a 12 cubic-yard dumpster that is 100 percent full and contains all 10 materials in equal distribution (branches/ leaves, and grass is separated, but 10% in total), is estimated at $683. The estimated embodied carbon for this load is approximately four mt CO2e. This is equivalent to the greenhouse gas emissions from an average gasoline-powered passenger vehicle driving 10,254 One mt CO2e is equivalent to the emissions of an average passenger vehicle making a round-trip from Houston to Aspen and back, or 113 gallons of gasoline consumed. 100 7 miles.11 See Table 2 below. Each input value may be altered to reflect different C&D load compositions. Table 2. Carbon Cost Calculator (Manual Inspection). The other two tables contain default values for common C&D debris loads that may arrive at the landfill. Both tables use material composition percentage values from the 2022 Pitkin County C&D Waste Characterization Study which utilized samples and visual inspection of incoming C&D loads from trailers, rolloffs, pickups or other non - curbside pickup sources as well as self-hauled loads. For both sources, Lotus aligned the C&D material of the waste characterization to the C&D mate rials that are required to be sorted at the landfill. 11 See the EPA’s Greenhouse Gas Equivalencies Calculator: https://www.epa.gov/energy/greenhouse - gas-equivalencies-calculator. 101 8 The first of these two tables represents a “Default C&D” scenario, where the dumpster is 12 cubic yards and 100 percent full. The estimated fee for this load is $167. The estimated embodied carbon for this load is approximately one mt CO2e. This is equivalent to the greenhouse gas emissions from an average gasoline -powered passenger vehicle driving 2,564 miles. See Table 3 below. Table 3. Carbon Cost Calculator (Default C&D). The second table represents a “Default Bulky and Self-Haul” scenario, or smaller trailer and pickup truck loads. For a three cubic yard load that is 100 percent full, the fee is estimated at $31. The estimated embodied carbon for this load is approximately 0.2 mt CO2e. This is equivalent to the greenhouse gas emissions from an average Figure 2 Waste Characterization of Construction and Demolition Waste arriving at Pitkin County Landfill. Percent by Volume. Figure 3 Waste Characterization of Bulky & Self-Haul Waste arriving at Pitkin County Landfill. Percent by Volume. 102 9 gasoline-powered passenger vehicle driving 513 miles. See Table 4 below. The fees may be assigned as additional costs if recoverable materials are not separated, creating a mixed load for landfill disposal. Table 4. Carbon Cost Calculator (Default Bulky & Self-Haul). Using an embodied carbon approach will help align Aspen’s broader climate and sustainability goals with a fee structure for C&D debris that originates in Aspen. This fee structure would be additional to existing fees and would further incentivize the sorting of C&D debris where it can be utilized or repurposed. This approach can also be responsive to changes in building materials, where more sustainable products and the resultant C&D debris would be incorporated into the EPDs associated with that product. 103 Construction Mitigation Plan manual language to be stored in the waste section. Unsorted loads will be assigned a fee as listed in Sec. 2.12.051. - Engineering Department fees and subject to the progressive enforcement procedures outlined in Section 12 of this manual. The permittee must demonstrate active separation of recoverable materials and intended landfill diversion practices to be considered a waiver for an unsorted load fee. a A warning may be issued prior to the assignment of penalties or fees, under the following circumstances or conditions, including but not limited to: 1. If the permittee can demonstrate there was an error by the hauler, or the Solid Waste Center, as to the categorization of the separated debris as “unsorted”. 2. If the permittee can demonstrate their separated debris was contaminated by illegal dumping, or circumstances outside of their control. 3. If the permittee can demonstrate the sorted materials were deemed non- recoverable due to damage from natural forces, or circumstances out of their control. 104 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Ben Anderson, Director, Community Development Luisa Berne, Assistant City Attorney Haley Hart, Long-Range Planner MEMO DATE: January 6, 2025 MEETING DATE: January 14, 2025 RE: Policy Resolution #005, Series of 2025 Amendments to the Land Use Code Related to: • Proposition 122 Response • P&Z Meeting Day Change Request REQUEST OF COUNCIL: Resolution #005, Series of 2025 would give formal policy direction to Community Development staff to pursue potential Land Use Code (LUC) Amendments related to the following three sections of the LUC: 26.104.100 - Definitions, 26.104.110 – Use Categories, and 26.212.060, and other applicable sections of the code as necessary in support and in consistency with the sections identified above. The proposed amendments are in response to two items: City Council’s direction to respond to Proposition 122, and the Planning and Zoning Commission’s (P&Z) direction to amend their monthly meeting dates. Staff recommends that Council approve Resolution #005, Series of 2025. SUMMARY AND BACKGROUND: Community Development has two separate Land Use Code amendment projects within this Policy Resolution for Council to consider. One amendment project is a request of the City of Aspen’s City Council in response to a Work Session on Proposition 122, and the second was made by P&Z in response to the meeting day of the commission. Staff intends for both amendments to follow the same proposed timeline with First Reading on February 11th and Second Reading on February 25th. Response to Proposition 122 Proposition 122 - Natural Medicine Health Act 2022 (the Act) was passed by voters in 2022. Subsequently, Colorado Senate Bill 23-290, titled Natural Medicine Regulation And Legalization, was signed by Governor Polis May 23, 2023 and created a regulatory and licensing framework. As of January 1, 2025, the state of Colorado offers regulated psychedelic-assisted therapies with State-wide established guidelines. Per the bill, local governments may regulate the time, place, and manner of operation of medicine businesses but cannot ban or prohibit the natural medicine businesses or the personal 105 Page 2 of 3 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution use of allowed substances in their communities. During a City Council Work Session on November 18, 2024, Council gave staff direction to amend the LUC to regulate the allowance of place within the Commercial Core. Staff has responded to City Council’s request by proposing amendments to Section 26.104.110 – Use Category, which now includes ‘natural medicine business’ as an allowed use within the ‘Offices uses’ section. Staff finds the request of Council is consistent with the Office use category which is defined by the following characteristics: “A type of land use, or any building or portion thereof, involving the establishment, transaction and delivery of business, medical, or professional activities or services to the general public.” Additionally, staff has introduced a new definition for ‘Natural Medicine’, ‘Natural Medicine Product’, and ‘Natural Medicine Business’ which is verbatim from the bill within Section 26.104.100 – Definitions. To further define and clarify the allowed use as defined by state statue, the definitions are proposed as follows: Natural Medicine. As defined by State Statute to include psilocybin/psilocyn, as well as, if approved for use by the state at a later time, each of the following: dimethyltryptamine; ibogaine; and mescaline. The definition does not include synthetic or synthetic analogs of these substances. Nor does it include peyote. Natural Medicine Product. As defined by State Statute means products infused with natural medicine that is intended for consumption. Natural Medicine Business. As defined by State Statute, “Natural Medicine Business” means any of the following businesses licensed pursuant to the Natural Medicine Code: i. A Natural Medicine Healing Center; ii. A Natural Medicine Cultivation Facility; iii. A Natural Medicine Products Manufacturer; iv. A Natural Medicine Testing Facility. Through these proposed amendments which regulate the place as allowed by Proposition 122, Natural Medicine Businesses will be allowed in the following Zone Districts: C1 (Commercial), SCI (Service/Commercial/Industrial), NC (Neighborhood Commercial), MU (Mixed Use), L (Lodge), CL (Commercial Lodge). This regulatory power by the City of Aspen is in addition to the state’s regulations of time, place and manner which includes a 1,000-foot buffer to any childcare facility or school. A map detailing the allowed zone districts with a 1,000-foot overlay buffer from childcare facilities and schools within the City is included in Exhibit A. P&Z Meeting Day Change Request During the December 3, 2024, P&Z meeting, a majority of the P&Z Commission gave staff direction to initiate the steps required in amending the LUC meeting date of the P&Z 106 Page 3 of 3 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution Commission from the first and third Tuesday of the month to the first and third Wednesday of the month. Per Section 26.310.020.A.2, “the Planning and Zoning Commission may initiate an amendment to the Land Use Code, as provided for in Chapter 26.212, Planning and Zoning Commission. Initiation shall require the adoption of a Resolution by the Planning and Zoning Commission”. This request by P&Z is in response to the following factors: • P&Z wishes to hold the meetings in the City Council Chambers rather than Pearl Pass to provide greater space for the public and efficiency of meeting room use. • Pearl Pass will not be available Spring 2025 due to the election. Moving dates gives better access to City Council Chambers which will not conflict with the election cycle use of Pearl Pass in 2025 and in future years. • There will be less overlap between City Council meetings and P&Z meetings around holidays when the City Council moves their meeting to the first and third Tuesday. This also supports staff availability in avoiding overlapping meeting days. • The first and third Wednesday of the month compliments HPC meetings (HPC meets the second and fourth Wednesday of the month). STAFF DISCUSSION: Pursuant to Section 26.310.020.B.1, the Community Development Department, following approval of this Policy Resolution will conduct a limited public outreach effort to inform the public of these two proposed amendments. Staff recommends that Council approve Resolution #005, Series of 2025 to pursue a Policy Resolution. Staff is prepared to bring a First and Second reading of these two proposed amendments simultaneously in February and will include redlines at First Reading. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: Council could decide not to pursue any or both of the possible code amendments at this time. RECOMMENDATIONS: Staff recommends approval of Resolution #005, Series of 2025. CITY MANAGER COMMENTS: EXHIBITS: Policy Resolution #005, Series of 2025 Exhibit A – Map of Allowed Zone Districts and School Buffers 107 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution Page 1 of 4 RESOLUTION #005 SERIES OF 2025 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO LAND USE CODE SECTION’S 26.104.100 – DEFINITIONS, 26.104.110 – USE CATEGORIES, 26.212.060 – MEETINGS, HEARINGS AND PROCEDURE, AND OTHER SECTIONS OF THE LAND USE CODE AS NECESSARY FOR COORDINATION RELATED TO A CITY COUNCIL DIRECTED RESPONSE TO COLORADO SENATE BILL 23-290 - PROPOSITION 122 AND A REQUEST BY THE PLANNING AND ZONING COMISSION TO CHANGE THE MONTHLY MEETING DATE WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate the process of amending the City of Aspen Land Use Code (LUC); and, WHEREAS, Section’s 26.104.100 – Definitions, 26.104.110 – Use Categories, and 26.212.060 – Meetings, hearings and procedure, and other sections of the LUC as necessary for coordination, will be proposed for amendments; and, WHEREAS, Proposition 122 - Natural Medicine Health Act 2022 (The Act) was passed by voters in 2022, subsequently Colorado Senate Bill 23-290 amended the Act and created a regulatory and licensing framework; as of January 1, 2025, the state of Colorado offers regulated psychedelic-assisted therapies with State-wide established guidelines and licenses; and, WHEREAS, local governments may regulate the time, place, and manner of operation of natural medicine businesses but cannot ban or prohibit the natural medicine businesses or the personal use of allowed substances in their communities; and, WHEREAS, during a City Council Work Session on November 18, 2024, Council gave staff direction to amend the LUC to regulate the allowance of place within the Commercial Core; and WHEREAS, staff has responded to City Council’s request by proposing amendments to include ‘natural medicine business’ as an allowed use within the ‘Offices uses’ Use Category within Section 26.104.110 and proposed amendments to other interrelated sections as provided in Section 1 and 2; and, WHEREAS, per Section 26.310.020.A.2 of the City of Aspen LUC, “the Planning and Zoning Commission may initiate an amendment to the Land Use Code, as provided for in Chapter 26.212, Planning and Zoning Commission”; and, WHEREAS, on December 3, 2024, the Planning and Zoning Commission gave staff direction to initiate the steps needed for a formal LUC amendment moving the commission’s 108 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution Page 2 of 4 monthly meetings from the first and third Tuesday to the first and third Wednesday of the month; and, WHEREAS, moving the commission’s monthly meeting days gives greater access to City Council Chambers which provides enhanced space and efficiency of meeting room use, lessens City Hall room conflict due to the 2025 spring election cycle, decreases overlap between City Council meetings and commission meetings, and compliments the Historic Preservation Commission’s monthly meetings which are set to the second and fourth Wednesday of the month; and, WHEREAS, Community Development staff proposed edits to Section 26.212.060. - Meetings, hearings and procedure, removing the word ‘Tuesday’ and introducing the word “Wednesday’ as provided in Section 3; and WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 14, 2025, the City Council approved Resolution #005, Series of 2025, by a XX to XX (X-X) vote, requesting a code amendment to the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of this Policy Resolution will conduct a limited public outreach effort to inform the public, property owners, and members of the development community; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Proposed Code Amendments City Council approves the following objectives for a possible code amendment: 1. Section 26.104.100 – Definitions 2. Section 26.104.110.C – Offices uses 3. Section 26.212.060 - Meetings, hearings and procedure Section 2: 26.104.100 – DEFINITIONS Section 26.104.100 – New proposed definitions to be included: Natural Medicine. As defined by State Statute to include psilocybin/psilocyn, as well as, if approved for use by the state at a later time, each of the following: dimethyltryptamine; ibogaine; and mescaline. The definition does not include synthetic or synthetic analogs of these substances. Nor does it include peyote. 109 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution Page 3 of 4 Natural Medicine Product. As defined by State Statute means products infused with natural medicine that is intended for consumption. Natural Medicine Business. As defined by State Statute, “Natural Medicine Business” means any of the following businesses licensed pursuant to the Natural Medicine Code: i. A Natural Medicine Healing Center; ii. A Natural Medicine Cultivation Facility; iii. A Natural Medicine Products Manufacturer; iv. A Natural Medicine Testing Facility. Section 3: 26.104.110 – USE CATEGORIES Section 26.104.110.C - Offices uses, Examples, is proposed to be rescinded and readopted as follows: (c) Definitions Offices uses. Examples Examples include advertising or insurance agencies, medical and dental offices, natural medicine business, clinics, and laboratories, architecture, land planning or other professional offices, publishing, and real property sales or management companies. Section 4: 26.212.060 – MEETINGS, HEARINGS AND PROCEDURE Section 26.212.060 - Meetings, hearings and procedure., is proposed to be rescinded and readopted as follows: (a) Regular meetings of the Commission shall be held on the first and third Wednesday of each month. Special meetings may be called by the chairperson of the Commission, a majority of the members of the Commission, the Mayor, a majority of the City Council or staff. (b) All meetings and hearings of the Commission shall be open to the public. (c) Public hearings shall be set for a date and time certain. Section 5: 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: 110 Resolution #005, Series of 2025 Land Use Code Amendments Policy Resolution Page 4 of 4 If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 14th day of January, 2025 ______________________________________ Torre, Mayor ATTEST: APPROVED AS TO FORM: _______________________ ________________________ Nicole Henning, City Clerk James R True, City Attorney 111 W illo w -HerrickMaroonCreekCastleCreekCemeteryRed B utte Asp en Golf Red But te BarX Ranch - St age R oad PUD Agricultura l La nd K e n o Gu l c h Maroon CreekCastleCreekGlenEaglesTiehack82MooreOpen Space Thomas R anch Moore Fa mily PUD Ak a Five Trees Reds Reds Draw Wrights Rubey R ed M ounta in M eadows Lot 4 SparGulchVallejoGulchPioneerGulchHallam MillAspenHyman Bleeker4th S i l verlode5thGi b s onUt eDurant Smuggler Main Cooper 82 82 R ubey As p e n MU MU MU MU MU MUMU MU MUMUMU MU MU MU CLCL NC L NC L SCI LL L L LL CL L L C-1 SCI SCI CL L L L L Date: 12/26/2024 Geographic Information Systems 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 2024 City of Aspen GIS 0 1,000 2,000500 Feet When printed at 8.5"x11" 4 Legend Schools Within City Limits Schools1000ftbuffer Zoning R-3 AH R/MF R/MFA R-6 R-15 R-15A R-15B R-30 RR L CL CC C-1 SCI NC MU SKI C OS P WP A PUB not zoned Zone Overlay DRAINAGE LP PD DRAIN/TRANS GCS PD L PD LP PD Aspen City Limits Scale: 1:24,599 Proposition 122 Map City of Aspen GIS, Pitkin County, Esri, TomTom, Garmin, SafeGraph,112 8th8th &82 IN 7th &Bleek er IN Cooper Hallam MillMillHyman Hyman Hopkins HunterWestEndSpringParkBleeker4th6th Monarch5thG i bsonRio G r a n de North MidlandLak e Francis NealeSmuggler V i n e 82 Ba rbee Reed er R ubey L ot 6/ Williams W oods Aspen Com munity Ch urch US Forest Service,Asp en Asp en Mt n Base Area Aspen Armory St M oritz Lodge Independence Square Hot el Eagles Club 184 Aspen Aspen Old Powerhouse Vine St 6th &M ain IN Paep cke Park IN Spring St .& M ain IN City Mark et IN Park Ava Ga lena Street Shuttle Park Circle & Spruce Park Circle & Pa rk Ava Clarks Market L one Pine II Ma ll &Mill Court House/ Library Clarks M kt High lands Rout e Chatea u Eau Cla ire Main St +4th St Aspen St + Cooper Ave Lift 1 A s p e n Molly Gibson Park MU MU MUMU MU MUMU MU MUMUMUMUMUMU MU MU MU MU MU MU CL CL NC L NC L SCI LL L LL CL L C-1 SCI SCI CL L L L L Proposition 122 Map Esri Community Maps Contributors, City of Aspen GIS, Pitkin County, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Schools Within City Limits Schools1000ftbuffer Zoning L CL C-1 SCI NC MU Zone Overlay LP Aspen City Limits 12/27/2024 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,953 113 MEMORANDUM TO: Aspen City Council FROM: Sammi Montalto, Planner I THRU: Ben Anderson, Community Development Director MEETING DATE: January 14, 2025 RE: Resolution #007 | Boat Tow (315 E Hyman Ave.) Temporary Use | Commercial Design Review APPLICANT: Grady Huff c/o Boat Tow Aspen LOCATION: Boat Tow (315 E Hyman Ave.) CURRENT ZONING: Commercial Core (CC) REQUEST OF COUNCIL: The Applicant requests approval for a Temporary/Seasonal Use and Commercial Design Review to allow for the ability to erect an airlock appended to the north entrance of the restaurant annually during the winter months. STAFF RECOMMENDATION: Staff is recommending denial of this request. Figure 1: Boat Tow - Project Site REQUEST OF COUNCIL: The Applicant requests approval of the following land use reviews: Temporary and Seasonal Use Review (Land Use Code Section 26.470.050) The applicant is requesting approval for the use of a temporary airlock structure at the north entrance to the restaurant. Since this request is for 127 days of temporary use, temporary use approval is required from City Council to allow for more than 14 days of temporary use in a 12- month period. Commercial Design Review (Land Use Code Section 26.412) Temporary/seasonal structures located within the Commercial Core (CC) zone district are subject to Commercial Design review. The standards are intended to ensure appropriate building mass and to foster well-designed and meaningful open space that conveys human scale, provides relief from the built environment, and preserves historic neighborhood context. 114 Page | 2 Growth Management Quota System (Land Use Code Section 26.470) Growth Management review is associated with a Temporary Use request due to the requirement to pay affordable housing mitigation on temporary structures that will be up for more than fourteen days in a twelve-month period. SUMMARY AND BACKGROUND: The property at 315 E Hyman Ave. is home to local restaurant Boat Tow. The customer entrance to Boat Tow is on the north side of the building, off the patio. Since this patio space cannot be utilized for outdoor dining during the winter months, the applicant is requesting approval to install a temporary airlock structure appended to the entrance on the patio. The proposed airlock is 76.8 square feet in size and is proposed to be erected for 127 days total for the winter season. The applicant is requesting the ability to use the airlock every year from December to March. The airlock will be located within the patio space underneath the existing trellis structure, adding no additional height to the north façade. The structure will adhere to all relevant safety, circulation, and egress requirements. Specifically, the Applicant requests temporary use approval to allow for the following temporary/seasonal structure: Table I: Boat Tow Proposed Airlock Mitigation DISCUSSION & STAFF FINDINGS: Temporary and Seasonal Uses: The uses allowed within the structures should be limited to those allowed by-right within the Commercial Core (CC) zone district such as accessory uses to the permitted use. This temporary airlock would likely improve operations and comfort for the customers sitting near the restaurant entrance. Commercial Design Review: For many years, the Commercial Design Guidelines have intentionally prohibited the addition of temporary airlocks affixed to the exterior of existing buildings. Commercial, Lodging, and Historic District Design Standards and Guidelines Street Level Design 1.15 – Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. Tent Sq. Ft. Total Days Mitigation Days Boat Tow Airlock 76.8 127 113 Figure 2: Proposed Temporary Airlock 115 Page | 3 • Adding a temporary exterior airlock of any material to an existing building is not allowed. While there are at least a couple of these structures that continue to exist in town, these few were established prior to changes in regulations prohibiting these structures. Exterior, temporary airlocks were prohibited out of concerns over the aesthetics and materiality of the structures, impacts to rights of way, and the addition of mass and scale in ways not intended by the Land Use Code. While staff clearly understands the benefits of these types of structures in the winter months, particularly to a small restaurant, the LUC instead requires these features to be contained within a building’s interior. On this particular building, a previous tenant had an airlock feature in the same location that existed prior to the code prohibition. It was removed and the legacy allowance came to an end with the previous tenancy. Growth Management Quota System (AH mitigation): If Council were to disagree with staff’s recommendation of denial and instead approve the airlock feature, it should be noted that affordable housing mitigation would be assessed consistent with the provisions for temporary structures. RECOMMENDATION:  Seasonal Structures: Staff recommends denial of the request to allow for the temporary structure represented in the application. Should Council wish to approve the airlock, the Resolution is written in the affirmative, subject to the following conditions: A tent permit is required each year a structure is erected. This allows for the inspection of the structure for life/safety purposes (including egress and accessibility requirements, allows staff to track the days that the airlock is up, and is the mechanism for assessing mitigation requirements). o Affordable housing mitigation shall be assessed based on current code requirements and fee-in-lieu rates at the time of permit. A credit of fourteen (14) days shall be applied to the structure each year. o The Applicant reserves the right to reduce the size of structure and duration in which structures are erected each year. However, mitigation shall be paid as a lump sum for the structure based on the dimensions set forth below, regardless of changes proposed in any given year. Working with the applicant team, they have agreed to the mitigation calculation method set forth in Section 26.470.090.h. Temporary Uses and Structures. PROPOSED MOTION: Staff recommends that Council deny the temporary use resolution. The following motion can be made: “I move to deny Resolution #007, Series of 2025.” Alternatively, should Council wish to approve the airlock: “I move to approve Resolution #007, Series of 2025.” 116 Page | 4 CITY MANAGER COMMENTS: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ATTACHMENTS: Exhibit B.1 | Temporary Use Review | Staff Findings Exhibit B.2 | Commercial Design Review | Staff Findings Exhibit B.3 | Growth Management Review | Staff Findings Exhibit C.1 | Application 117 Council Resolution #007, Series of 2025 Page 1 RESOLUTION #007 (SERIES OF 2025) AN RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TEMPORARY/SEASONAL USE TO ACCOMMODATE A SEASONAL AIRLOCK STRUCTURE AT315 E HYMAN AVENUE,LEGALLYDESCRIBEDAS UNITS 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 301, 303, AND 305, WHEELER SQUARE CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED DECEMBER 30, 1996 IN PLAT BOOK 41 AT PAGE 23, AND FURTHER DEFINED AND DESCRIBED IN THE AMENDED AND RESTATED CONDOMINIUM DECLARATION OF WHEELER SQUARE, A CONDOMINIUM, RECORDED MAY 16, 2022 AT RECEPTION NO. 687577, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-17-200 WHEREAS, the Community Development Department received an application from Grady Huff c/o Boat Tow, 315 E Hyman Ave., Aspen, CO 81611 (the Applicant), requesting Temporary Use approval to maintain a plastic and canvas tent structure appended to the entryway on Hyman Ave. from December 10, 2024 through April 16, 2025; and, WHEREAS, the application requests development rights to erect one seasonal structure for up to one hundred twenty-seven (127) days per year, and, WHEREAS, for approval of Temporary Use Review, the application shall meet the requirements of Aspen Municipal Code Section 26.450 Temporary and Seasonal Uses; and, WHEREAS, for approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and, WHEREAS, for approval of Growth Management Review, the application shall meet the requirements of Aspen Municipal Code Section 26.470, Growth Management Quota System; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicableprovisions of the Municipal Code as identified herein,has reviewed, and considered the recommendation of the Community Development Director, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for Temporary and Seasonal Use, Commercial Design Review, and Growth Management Quota System meets the applicable land use standards of the Land Use Code; and, WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 118 Council Resolution #007, Series of 2025 Page 2 NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE FOLLOWING: Section 1: Temporary and Seasonal Use: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of a temporary airlock on the subject site, 315 E Hyman Ave., for one hundred twenty-seven (127) days in each calendar year for five (5) years, from January 2025 through December 2029. After five (5) years, the applicant may submit an application to be reviewed administratively for an additional five (5) annual recurrences (2030-2034). Section 2: Growth Management Review: a. Affordable housing mitigation for the seasonal structure identified in Table I below shall be assessed based on the formula set forth in Exhibit A to this Resolution.Acreditoffourteen(14) days shall be applied to the structure for each twelve (12) month period. Mitigation for all seasonal structures shall be paid at the time of tent permit issuance for the first seasonal structure. b. Tent/building permits shall be submitted a minimum of ten (10) days prior to erecting any seasonal structure. c. Mitigationshallbepaidasalump sum for the total number of days that the structure will be up upon issuance of the related tent permit. The mitigation fee for the temporary structure (subject to the fourteen (14) day credit), is based on the maximum permissible floor area of the seasonal structures set forth in Table I. Table I: Affordable Housing Mitigation Methodology Table Tent Sq Ft Total Days Mitigation Days Boat Tow Airlock 76.8 127 113 *This annual mitigation fee was calculated under the methodology in place at the time of Council adoption and is subject to change in future years as code amendments occur. In the event that additional housing mitigation is required, the Community Development Director reserves the right to withhold issuing tent permits for seasonal structures until mitigation requirements are met to the satisfaction of theDirector. Section 3: Fire Safety A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. If the Fire Department is unable to approve a tent in a given location it may not be erected. 119 Council Resolution #007, Series of 2025 Page 3 Section 4: 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 Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Existing Litigation This resolution shall not affect any existing litigation and shall not operate as an abatement of any action orproceedingnowpendingunderorbyvirtueoftheordinancesrepealedoramendedasherein provided, and the same shall be conducted and concluded under such priorordinances. Section 6: 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,andindependentprovisionandshallnotaffectthevalidityofthe remainingportions thereof. INTRODUCED, READ, AND ADOPTED, by the City Council of the City of Aspen on the 14th day of January 2025. Approved asto form:Approved as tocontent: James R. True, City Attorney Torre, Mayor Attest: Nicole Henning, City Clerk 120 Council Resolution #007, Series of 2025 Page 4 Exhibit A Mitigation Methodology: Airlock (76.8 sq. ft.) for 127 days / year 127 – 14 (14-day credit) = 113 days 76.8 / 1,000 sq. ft. = 0.0768 sq. ft. 0.0768 x 4.7 FTEs = 0.36096 FTEs generated 0.36096 x 65% mitigation rate = 0.234624 FTEs generated if used 100% of the year 0.234624 / 365 = 0.000643 daily rate 0.000643 x 113 days = 0.072637 FTEs 0.072637 x $341,346 (Cat. 4 cash-in-lieu rate) = $24.794.36 $24.794.36 / 30 years = $826.48 due for mitigation of the structure for 113 days A total amount of $826.48 will be due as lump sum prior to issuance of the tent permits for 2025. These figures were calculated using updated cash-in-lieu figures for Category 4 – and the methodology described in 26.470.090.F; Temporary Uses and Structures and are subject to change. 121 Exhibit B.1 Temporary Use Review Criteria Staff Findings Page | 1 TEMPORARY USES Land Use Code Section 26.450.030 When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. Location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The Applicant proposes to erect one tent attached to the patio entrance for up to 127 days per calendar year. The proposed tent is 8 x 9.6 square feet. The tent would be visible from Hyman Ave., as well as the intersection at Mill St. and adds some perceived massing to the north façade, however it is within the boundaries of the patio and will be shielded underneath the existing trellis, so it does not add overall height. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: Boat Tow is requesting approval for this airlock as a complementary utilization of space that can’t be used for outdoor dining space during the winter. Turning some of this area into additional waiting area for winter customers is compatible with the restaurant use without having a detrimental effect on the character or density of the neighborhood. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traf fic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed airlock may not have a measurable effect on pedestrian or traffic patterns, or municipal services. The airlock could be considered a pedestrian amenity since it is adding interior space that can be used by waiting customers who might otherwise have to wait outside in the cold. The airlock might also assist in better containing noise from the restaurant, as there will be fewer parties waiting outside on the patio. However, the temporary nature and aesthetic of the tent would not enhance the neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The airlock is proposed for use for 127 days per year, spanning the winter season. No temporary use has been previously approved for this property. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core zone district is to encourage the operation of restaurants, bars, and entertainment uses, as well as accessory uses to a permitted use. The temporary airlock that is proposed is meant to serve as an accessory use to the restaurant. 122 Exhibit B.1 Temporary Use Review Criteria Staff Findings Page | 2 F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Response: The proposed use of the subject tent does not conflict with the conditions of the zone district, but the visual impact of temporary structures has been historically unsupported in the Commercial Core zone district. G. How the proposed temporary use will enhance or diminish the general public health, safet y or welfare. Staff Response: The proposed tents are intended to provide a comfortable experience for restaurant guests and improve operations around entering and exiting the restaurant. The proposed airlock still meets all egress standards and therefore does not threaten the health, safety, or welfare of the public. 123 Exhibit B.2 Commercial Design Review Staff Findings Page | 1 Sec. 26.412 – Commercial Design Review An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: (a) Guidelines and Standards. (1) The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. (2) All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a Variation pursuant to Section 26.412.040(d), Variations. (3) Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. Determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal; b. Weigh the applicable guidelines with the practicality of the measure. (b) Pedestrian Amenity. The proposed development meets the requirements of Section 26.412.070, Pedestrian Amenity. General Site Planning and Streetscape 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. Staff Response: A context study was not provided. Due to the temporary nature of the airlock, staff did not deem a context study necessary for this temporary use request. This standard is not applicable. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. Staff Response: The tent façade would be parallel to the exiting building façade, keeping the existing orientation to the street. Staff finds this criterion to be met. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right-of-way. 124 Exhibit B.2 Commercial Design Review Staff Findings Page | 2 • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. Staff Response: The proposed temporary structure would be placed on the existing patio, creating an addition to the hardscape exterior to the building. The waterproof canvas material the tent is made of would not meet the description of “high quality” or even “durable.” It would not enhance the architecture of the building or complement the surrounding context. Staff finds this criterion to not be met. 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. Staff Response: The proposed temporary structure would be placed on the existing patio, which acts as a transition from public, to semi-public, to private space. The airlock acts as an extension of private space, but the semi-public space is still accessible. Staff finds this criterion to be met. 1.5 Maintain alignment of building facades where appropriate. • Consider the entire block of a neighborhood to determine appropriate building placement. Carefully examine and respond to the variety of building alignments that are present. • Consider all four corners of an intersection and architectural context to determine appropriate placement for buildings located on corners. • Consider the appropriate location of street level Pedestrian Amenity when siting a new building. Staff Response: The proposed temporary structure does not change the alignment of the building façade. Staff finds this criterion to be met. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture. Staff Response: The proposed temporary structure is contained within the existing patio, the edge of which is what defines the property line. The tent has no effect on this boundary definition. Staff finds this criterion to be met. 125 Exhibit B.2 Commercial Design Review Staff Findings Page | 3 Building Mass, Height, and Scale 1.10 A new building should appear similar in scale and proportion with buildings on the block. Staff Response: No new buildings are proposed. This standard is not applicable 1.11 A minimum building height difference of 2 feet from immediately adjacent buildings is required. • The height difference shall be a minimum of 15 feet wide. • The height difference should reflect the range and variation in building height in the block. • This may be achieved through the use of a cornice, parapet or other architectural articulation. Staff Response: The proposed temporary structure does not change the height of the existing building and is slightly shorter than the current roofline. Staff finds this criterion to be met. 1.12 On lots larger than 6,000 square feet, break up building mass into smaller modules. • A street level front setback to accommodate Pedestrian Amenity in accordance with the Pedestrian Amenity Guidelines may be an appropriate method to break up building mass. • Building setbacks, height variation, changes of material, and architectural details may be appropriate techniques to vertically divide a building into modules. Staff Response: The proposed airlock adds some massing to the north façade, but the dimensions vary from the existing building. This addition acts as a “smaller module” that adds massing but also breaks it up. Staff finds this criterion to be met. 1.13 Development adjacent to a historic landmark should respond to the historic resource. • A new building should not obscure historic features of the landmark. • A new large building should avoid negative impacts on historic resources by stepping down in scale toward a smaller landmark. • Consider these three aspects of a new building adjacent to a landmark: form, materials and fenestration. • 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 pedestrian scale. • When choosing to relate to fenestration, use windows and doors that are similar in size, shape, and proportion to those of the historic resource. 126 Exhibit B.2 Commercial Design Review Staff Findings Page | 4 Staff Response: The proposed airlock is not appended to a historic resource, just a property in the historic district. This standard is not applicable. Street Level Design 1.14 Commercial entrances shall be at the sidewalk level and oriented to the street. • Finished floor and sidewalk level shall align for at least 1/2 the depth of the ground floor where possible. If significant grade changes exist on property, then the project will be reviewed on a case-by-case basis. • All buildings shall have at least one clearly defined primary entrance facing the front lot line, as defined in the Land Use Code. An entrance located within a chamfered corner is an alternative. (See Commercial Core Historic District). • If a building is located on a corner lot, two entrances shall be provided; a primary entrance facing the longest block length and a secondary entrance facing the shortest block length. Staff Response: The proposed airlock entrance would be oriented to the west and not toward the street. This entrance still acts as the clearly defined primary entrance. Staff finds these criteria to be partially met. 1.15 Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. • Adding a temporary exterior airlock of any material to an existing building not allowed. Staff Response: The proposed airlock would not be internal or integrated into the architecture. The temporary exterior airlock that is proposed is explicitly prohibited bu this standard. Staff finds this criterion to not be met. 1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with the established scale are highly discouraged. • Transom windows above an entry are a traditional element that may be appropriate in neighborhoods with 19th century commercial buildings. • Entries should reflect the established range of sizes within the context of the block. Analyze surrounding buildings to determine appropriate height for entry doors. Staff Response: The proposed airlock is an addition to the entryway that is not something that would have been seen historically. Staff finds this criterion to not be met. 1.17 ATMs and vending machines visible from the street are prohibited. Staff Response: No ATMs or vending machines are proposed. This standard is not applicable. 127 Exhibit B.2 Commercial Design Review Staff Findings Page | 5 Materials and Details 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. Staff Response: The proposed airlock is made of 100% acrylic with a water-repellant finish. The applicant proposed a black color. Staff finds this criterion to be met. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Staff Response: The acrylic material does not meet most of the criteria for materials in the Commercial Design Guidelines. It does not enhance visual interest, nor would it have been seen historically. The water-repellant finish may increase durability slightly, but still would not be as durable as any permanent equivalent. The proposed black color would qualify as neutral. Staff finds these criteria to not be met. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Staff Response: The proposed airlock would not qualify as “innovative building design,” “creative material application,” and would not have proven durability. Staff also does not see this proposal as an environmentally sustainable building practice. Staff finds these criteria to not be met. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Staff Response: The proposed airlock does not include any corporate branding. This standard is not applicable. 128 Exhibit B.2 Commercial Design Review Staff Findings Page | 6 Commercial Core Historic District Building Placement 2.1 Maintain the alignment of facades at the property line. • Place as much of a building at the property line as possible to reinforce historic development patterns. • A minimum of 50% of the first floor building façade shall be at the property line. This requirement may be varied by the Historic Preservation Commission based on historic context or in order to accommodate Pedestrian Amenity (See Pedestrian Amenity Chapter). • A minimum of 70% of the first floor building facade shall be at the property line for properties on a pedestrian mall. Staff Response: The façade of the tent will be parallel to the existing building façade. The addition of the tent has no impact on the alignment of the building façade. This standard is not applicable. 2.2 Consider a 45-degree chamfer for corner lots where appropriate. • Analyze all four corners of the intersection for compatibility. • A primary entrance into the building should be through the chamfered corner. Staff Response: This is not a corner lot. This standard is not applicable. Architecture 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. • When relating to materials, use traditional application of materials commonly found in the Historic District, such as wood, brick and stone, and use similar texture and color to the historic context. • When relating to fenestration, large vertical windows on the ground level and punched vertical openings on upper levels, with a similar solid to void ratio, are appropriate. • When relating to form, note that rectangular forms are predominant with limited projecting or setback elements. Most roofs are flat, but some gables are present and these may be a reference for new design. Staff Response: The proposed tent does not match with historic materials. It does have a rectangular form, but still conflicts with historic preservation goals in the district. Staff finds these criteria to not be met. 2.4 Respect adjacent iconic historic structures. • Development near historic landmarks may use Pedestrian Amenity design as a transition or buffer to highlight the importance of adjacent historic structures. 129 Exhibit B.2 Commercial Design Review Staff Findings Page | 7 • Use simple architectural details, materials and massing that do not detract from nearby historic landmarks. Staff Response: The property is in the historic district but is not a historic landmark. This standard is not applicable. 2.5 The massing and proportions of a new building or addition should respond to the historic context. • Two-story buildings are encouraged. A two-story high one-story element should be used with finesse and discretion. • On larger buildings, stepping down to a one-story element within the composition is appropriate and consistent with the historic pattern of the district. • Building modules or individual features should generally be tall and narrow in proportion. Staff Response: The tent does not add height to the building or change the existing context of the building within the neighborhood. Staff finds this criterion to be met. 2.6 One-story buildings on lots larger than 6,000 square feet are discouraged. • This includes buildings that read as “one-story” from the street and have a significant second floor setback. • Evaluation of appropriateness should be based on existing context and how the building fits into the streetscape. Impact on the Historic District, impact on adjacent landmarks, and other restrictions such as viewplanes will also be considered. Staff Response: The proposed tent has no effect on the number of stories the building has. This standard is not applicable. 2.7 Buildings on lots larger than 6,000 square feet should incorporate architectural features that break up the mass. Staff Response: The airlock varies in size and adds a feature that breaks up the mass. Staff finds this criterion to be met. 2.8 Composition of the façade, including choices related to symmetry and asymmetry, should reflect the close readings of patterns established by the 19th-century structures. • The pattern of building widths or bays within a building varies from 20 to 30 feet. Variety is preferred. • Provide historic precedent using historic maps and adjacent landmarks to determine appropriate building width, height, and form. Photographs, dimensional drawings, figure-ground diagrams, are all examples of tools that can be used to illustrate precedent. • Align architectural details and features with the surrounding context. 130 Exhibit B.2 Commercial Design Review Staff Findings Page | 8 Staff Response: The temporary structure does not change the composition of the façade. This standard is not applicable. First Floor 2.9 Recessed entries are required. • Set a primary entrance back from the front façade a minimum of 4 feet. • Alternative options that define an entry and reinforce the rhythm of recessed entryways may be considered. • For corner lots, primary entries must face front lot line as determined by the Land Use Code and/or be located in the chamfered corner where applicable. Staff Response: The temporary structure does not change the recessed entry to the restaurant. Staff finds this criterion to be met. 2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000 square feet, and on the secondary street for corner lots. Staff Response: The number of entrances is not changing. This standard is not applicable. 2.11 Maintain a floor to ceiling height of 12 to 15 feet for the first floor and 9 feet for the second floor. • The ability to vary this requirement shall be based on demonstration of historic precedent amongst adjacent landmarks. Storefronts should be taller than the upper floors. • The floor to ceiling height of the first floor may be dropped to 9 feet after the first 25 feet of building depth from a street facing facade. Staff Response: The temporary structure does not change ceiling height. This standard is not applicable. 2.12 Maintain an architectural distinction between the street level and upper floors. • Material changes, placement of fenestration, and architectural details may be appropriate tools to differentiate between floors. Staff Response: The building is one story. This standard is not applicable. 2.13 Street level commercial storefronts should be predominately transparent glass. • Window design, including the presence or absence of mullions, has a significant influence on architectural expression. Avoid windows which suggest historic styles or building types that are not part of Aspen’s story. Staff Response: The temporary structure covers only the door and does not block the façade windows. This standard is not applicable. 131 Exhibit B.2 Commercial Design Review Staff Findings Page | 9 Details and Materials 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Staff Response: The temporary structure is made of acrylic fabric with a water-repellant finish, and therefore is not made of traditional materials. The materials that the temporary airlock is made of do not meet any of the criteria for materials. Staff finds this criterion to not be met. 132 Exhibit B.3 Growth Management | Review Criteria Staff Findings Page | 1 GROWTH MANAGEMENT QUOTA SYSTEM 26.470.040.I; Temporary uses and structures. The development of a temporary structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary Uses. Tents, external airlocks, and similar temporary enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 – Temporary Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review – Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The Applicant requests to install a temporary/seasonal use tent to be used during a 127-day period per year. While mitigation will be assessed at the time of tent/building permit, it is worth clarifying how mitigation will be determined. While the Applicant reserves the right to reduce the number of structures proposed and the number of days for which the structures are installed, Staff recommends a condition requiring mitigation to be paid as a lump sum for all structures based on the dimensions and number of days established in Table I. Tent Length of Time per Year Dimensions Boat Tow Airlock 127 days 76.8 square feet A credit of 14-days will apply to the structure each year. Temporary Use Affordable Housing mitigation calculation: Mitigation Fee = (((((((Sq. Ft. / 1000) *4.7) *0.65) /365) *Mitigation Days) *341,346) / 30 years) Table I: W Hotel Roof - Proposed Seasonal Structures 133 Exhibit B.3 Growth Management | Review Criteria Staff Findings Page | 2 Methodology example:  Airlock (76.8 sq. ft.) for 127 days / year 127 – 14 (14-day credit) = 113 days 76.8 / 1,000 sq. ft. = 0.0768 sq. ft. 0.0768 x 4.7 FTEs = 0.36096 FTEs generated 0.36096 x 65% mitigation rate = 0.234624 FTEs generated if used 100% of the year 0.234624 / 365 = 0.000643 daily rate 0.000643 x 113 days = 0.072637 FTEs 0.072637 x $341,346 (Cat. 4 cash-in-lieu rate) = $24.794.36 $24.794.36 / 30 years = $826.48 due for mitigation of the structure for 113 days A total amount of $826.48 will be due as lump sum prior to issuance of the tent permits for 2025. These figures were calculated using updated cash-in-lieu figures for Category 4 – and the methodology described in 26.470.090.F; Temporary Uses and Structures and are subject to change. 134 BOAT TOW WINTER AIRLOCK Pre Submittal 08/30/2024 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. The applicant Gravity Haus Aspen_Boat Tow Restaurant is proposing a 9’-6” x 8’-0” Fabricated weather proof canvas WINTER AIRLOCK to be installed from through Wednesday, April 16, 2025 on the north east corner of the Dec 10, 2024 restaurant's outdoor patio main entry to the restaurant. The applicant's nam e is Grady Huff (Gravity Haus_Boat Tow Representative) and Business address is 4624 CENTRAL PARK AVE STE 301 and phone number (303)901-0038. The property address is 315 E Hyman Ave #101 Aspen CO 81611 (Pitkin County) Legal Description 101, WHEELER SQUARE CONDOS, 41 23, 18 10S84W, 101. All Graphic Documentation and rendering are attached in PDF format included in the Pre Submittal Package. Growth Management Review and Planning Fee calculations Table: 135 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at https://library.municode.com/co/aspen/codes/municipal_code. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or email. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions that are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day (970-429-2764/planneroftheday@gmail.com), or consult the applicable sections of the Aspen Land Use Code. 136 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the Case Planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee(s). The Community Development Department shall keep an accurate record of the actual time required to process a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 137 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Address of Property: Please type or print in all caps Property Owner Name: Representative Name (if different from Property Owner): Billing Name and Address - Send Bills to: Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner, I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration unless invoices are paid in full. The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: 138 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) 139 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition 5) Maximum Height 6) Front Setback 7) Rear Setback 8) Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed 140 April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowner association or other form of private c ovenant. □This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners a ssociation or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Date: Owner printed name: or, Attorney signature: Date: Attorney printed name: 141 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should complete to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five (5) working days of the date of your submission, staff will review the application and notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. Staff will draft a memo for signature by the Community Development Director that explains whether your application complies with the Code, and will list any conditions that should apply if the application is to be approved. Final approval of any Development Application that amends a recorded document, such as a plat, agreement, or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat. The City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, the Planning staff will schedule a hearing date for the application upon determination that the application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date. (Please see Attachment 6 for instructions.) The Planning staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the applicant with a copy of the Planning staff’s memo, approximately five (5) days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public hearings include a presentation by the Planning staff, a presentation by the applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) 142 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. If the land use review is approved, then the Planning staff will issue a Development Order, which allows the applicant to submit a building permit application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may apply for a building permit. During this time, your project will be examined for its compliance with the Uniform Building Code. It also will be checked for compliance with applicable provisions of the Land Use Regulations that were not reviewed in detail during the land use case review. (This might include a check of floor area ratios, setbacks, parking, open space and the like). Impact fees for water, sewer, parks, and employee housing will be collected as part of the permitting process. Any document required to be recorded, such as a plat, deed restriction, or agreement, will be reviewed and recorded before a building permit application is submitted. 143 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: 315 E. Hyman Avenue Holdings LLC 315 E. Hyman Avenue Aspen, CO 81611 Mark Hunt 144 Page | 1 PRE-APPLICATION CONFERENCE SUMMARY PRE-23-110 DATE: October 10, 2023 PLANNER: Kevin Rayes | kevin.rayes@aspen.gov | 970.429.2797 PROJECT NAME AND ADDRESS: 315 E. Hyman Ave. | Installation of Temporary Outdoor Structure PARCEL ID# 2737-182-17-801 REPRESENTATIVE: Grady Huff| Gravity Haus | grady@gravityhaus.com | 303.901.0038 DESCRIPTION: The subject property is located within Commercial Core (CC) zone district and in the historic district. The potential Applicant is interested in erecting a temporary outdoor airlock during the winter months. At the time of writing this pre-application, the Applicant has not determined details of the proposal including dimensions, materials, or the exact number of days for which the enclosure will be erected. These details will need to be included in the application. To install a temporary airlock, City Council shall consider the request pursuant to the following Land Use Code Sections: 1. Temporary and Seasonal Uses (Land Use Code Chapter 26.450) Temporary uses may be granted by City Council for a period not to exceed 180 consecutive days in a 12 - month period. Council will consider the following criteria when reviewing the request to erect a temporary structure: • The location, size, design, operating characteristics, and visual impacts of the proposed use, • The compatibility of the proposed temporary u se with the character, density and use of structures and uses in the immediate vicinity, • The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character, • The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property, or location as proposed in the application, • The purpose and intent of the zone district in which the temporary use is proposed, • The relation of the temporary use to conditions and character changes which may hav e occurred in the area and zone district in which the use is proposed, and • How the proposed temporary use will enhance or diminish the public health, safety, and welfare. 2. Commercial Design Review (26.412) The subject property is located within the Commercial Core Historic District character area as defined in the Commercial, Lodging, and Historic District Design Standards and Guidelines. Improvements located within this character area should respect the 19th century historic context by highlighting Aspen’s sense of place and small-town character. For example, traditional application of materials commonly found in the Historic District such as wood, brick and stone should be prioritized. Materials should be non -reflective. Use of shiny or glossy materials is not appropriate. An enclosure that incorporates the use of canvas or plastic is inconsistent with the historic context of downtown and is not compatible with this Character Area as described in the Commercial Design Standards and Guidelines. The applicant should carefully consider the types of materials to be used on the proposed enclosure and be sure the applicable Commercial Design Standards and Guidelines are met. Additionally, temporary exterior airlocks are not allowed along street -level entrances of any existing building. The Applicant might consider proposing an airlock that is located on the garden level of the building. 145 Page | 2 Lastly, it is important to note that enclosing this outdoor area will reduce the amount of pedestrian amenity space that currently exists. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view and to contribute to an active street vitality. The applicant should contemplate how to minimize any adverse impacts to the existing pedestrian amenity space. 3. Growth Management Review (Outdoor structures with the ability to be enclosed): Pursuant to Land Use Code Section 26.470.090.F, Growth Management- Temporary Uses and Structures, a temporary tent, external airlock, or similar temporary enclosure is exempt f rom affordable housing mitigation requirements if erected for 14 days or less in a 12 -month period, and approved pursuant to Chapter 26.540, Temporary and Seasonal Uses. If a structure is erected for longer than 14 days in a 12 - month period, affordable housing mitigation is required only for the days exceeding 14. Cash -in-lieu may be paid by-right. Pursuant to Land Use Code Section 26.470.050, Growth Management- Calculations, 4.7 employees are generated per 1,000 square feet of Net Leasable space. Sixty -five percent of the employees generated by the additional commercial space are required to be mitigated. Affordable housing is required to be provided at the Category 4 rate. The mitigation calculation includes the expected lifespan of a building, which is currently 30 years. Assuming the outdoor space is 3,117 sq. ft. and the applicant wants to enclose 100 percent of the space for a total of 21 days, the following formula would be used to determine the affordable housing mitigation required: 3,117 / 1,000 = 3.117 3.117 x 4.7 FTEs = 14.6499 14.6499 x 65% mitigation rate = 9.522435 to be mitigated if the structure were used 100% of the year 9.522435/365 days per year= 0.02608886 daily rate 0.02608886 x 7 days = 0.18262202 FTEs 0.18262202 x $328,533 [Category 4 ] = $59,997.36 $59,997 / 30 years= $1,999.91 due for mitigation of the structure for 7 days* *This calculation is subject to change based on the final design and area that the enclosure covers. 4. Outdoor Heaters and Building Code Requirements If the Applicant plans to heat the airlock, special consideration should be given to recent Building Code requirements. The Applicant should consult with the Building Department to determine compliance with all adopted Building Standards. Building can be c ontacted at: builderoftheday@gmail.com RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.450 Temporary and Seasonal Uses 26.470 Growth Management Quota System For your convenience – links to the Land Use Application, the Land Use Code, and the Commercial, Lodging, & Historic District Design Standards are below: Land Use Application | Land Use Code | Commercial Design Standards | 146 Page | 3 REVIEW BY: Community Development staff for complete application and content City Council for Commercial Design Review, Temporary & Seasonal Uses, and Growth Management PUBLIC HEARING: Yes, City Council PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: None. TOTAL DEPOSIT: $1,300 APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION AS A SINGLE PDF TO: CDEHADMINS@ASPEN.GOV  Completed Land Use Application and signed Fee Agreement.  HOA Compliance form (Attached to Application)  Pre-application Conference Summary (this document).  An 8 ½” by 11” vicinity map locating the parcel within the City of Aspen  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. The purpose of this requirement is to show that the Applicant has the authority to apply for a Land Use Case.  Applicant’s name, address and phone number, within a letter signed by the applicant stating the name, address and phone number of the representative authorized to act on behalf of the applicant  A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application.  Drawings/renderings of the proposed structure along with proposed dimensions and number of days to be erected.  A recent site improvement survey (no older than 1 year) Once the copy is deemed complete by staff, the following items will then need to be submitted:  Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 147 EGGG EEEEEE GGGGSOSW BASIS OF BEARINGSN75°09'11"W 60.59'(PLAT=90.48')S75°09'11"E 90.10'S14°5 2 ' 3 0 " W 1 0 0 . 0 0 ' (PLA T = S 1 4 ° 5 0 ' 4 9 " W ) N14°50'49"W 100.00'(PLAT=90.48')N75°09'11"W 90.05'SITE BENCH MARK1.4' WITNESS CORNERFOUND 1-1/2" ALUMINUMTAG LS25947ELEVATION:7917.40NE CORNER - BLOCK 82FOUND 1-1/2" ALUMINUMTAG LS25947FOUND REBAR & 1-1/4"YELLOW PLASTIC CAP LS10379SET REBAR & 1-1/4"ORANGE PLASTIC CAPPROP CORNER PLS382150.8' WITNESS CORNERFOUND 1-1/2" ALUMINUMTAG LS25947BALCONYADJOININGBUILDING CORNERIS 0.4'± NWOF PROPERTY LINEBUILDING CORNERIS 0.8'± SE & 0.25' SWOF PROPERTY CORNERBUILDING CORNERIS 1.1'± NWOF PROPERTY LINEBUILDING CORNER IS0.7'± SE OF PROPERTY LINE& ENCROACHES 0.15'±INTO ALLEYBUILDINGENCROACHES1.1'±0.15'± GAP BETWEENBUILDINGS19.6'( T I E )ADJOININGBUILDING CORNERIS 0.3'± NWOF PROPERTY LINEHANDICAPPARKING SPACEHANDICAPPARKING SIGNHANDICAPPARKING SIGNBIKERACKTRASHRECEPTACLEPARKINGPAY KIOSKNO PARKINGSIGNEDGE OF PAVEMENTDRIVE INTOPARKING GARAGETHE PROSPECTOR CONDOMINIUMPARKING GARAGEPLAT BOOK 16 PAGE 67BRICK PAVERPEDESTRIAN WALKLANDSCAPINGLAWNCONCRETE EDGINGCONCRETE EDGINGCONCRETE PAD & METAL 7' HIGH FENCEALLEYBLOCK 82(20.20' WIDE RIGHT-OF-WAY)BRICK PAVERPEDESTRIAN WALKBENCHEAST HYMAN AVENUE(74.80' WIDE RIGHT-OF-WAY)S. MI L L S T R E E T (73.7 0 ' W I D E R I G H T - O F - W A Y ) DEVE L O P E D A S A P E D E S T R I A N P L A Z A ASPE N C O M M E R C I A L C O N D O M I N I U M PLAT B O O K 4 P A G E 4 9 9 MECH A N I C A LEXTERIOR VENTILATIONMETAL DUCT WORKALONG BUILDINGMETALGATESTEEL P L A N T E R CONCRETE HANDICAP RAMPBRICKPLANTERBRICK PLANTERS ENCROACH 2.7'±DOWNUPPERPATIOL.C.E.UNIT 303LOWERCOURTYARDL.C.E.UNIT 200G.C.E.STEPSG.C.E.G.C.E.G.C.E.UPPERWALKWAYG.C.E.0.35'STEPS0.25'STEPSUPPER PATIOL.C.E.UNIT 301UPPERWALKWAYG.C.E.CONCRETE CURB & GUTTERENTRYSTAIRWELLSTONE WALL& METAL FENCESTONE WALLWHEEL SQUARECONDOMINIUMSONE - STORYBRICK COMMERCIALBUILDING WITHGARDEN & BASEMENT LEVELS315 EAST HYMAN AVENUE(GROUND LEVEL = 6,645 ±SQ.FT.)LOT ELOT GLOT FPROPERTY AREA9,007± SQ.FT.0.207± ACRESLOT HLOT ILOT DLOT MLOT NLOT OLOT PLOT Q56.3'APPROXIMATEUNABLE TOACCESS40.0'W4.0'88.1'-BUILDINGUNAB L E T O A C C E S S 43.8' A P P R O X I M A T E 0.20'0.20'4.7' 23.5'0.20'8.5'28.3'27.5'1.0'4.3'13.4'7.4'13.6'55.3'28.5'13'±ROOFHEIGHTFIRE HOSEHOOK-UPPARALLEL PARKING (NOT STRIPED)G.C.E.EASEMENTAGREEMENTBOOK 503 PAGE 56REVOCABLE ENCROACHMENT AGREEMENTRECEPTION NO. 400556BUILDING CORNER IS1.3'± NW OF PROPERTY LINE& ENCROACHES 0.15'±INTO ALLEYENCROACHMENT ON PUBLIC RIGHT-OF-WAYBOOK 321 PAGE 960FFE:7918.94FFE:7918.877918.88FFEFFE LOWER7909.23OSW 6"/10'6"/10'10"/18'12"/18'BUILDING CORNERROOF ELEVATION7928.9BUILDING CORNERROOF ELEVATION7928.6BUILDING CORNERROOF ELEVATION7932.0BUILDING CORNERROOF ELEVATION7932.0ECHIMNEY7934.757919.177919.217919.427919.337919.567919.687919.397919.607919.697919.687919.86DRAIN7918.82DRAIN7918.75DRAIN7918.76FFE7919.647917.807917.857918.0 7 7918.3 7 7919. 5 7 7916.607917.077917.597917.187916.797917.157916.987916.187916.577918.897919.027916.797916.337916.007915.357915.347916.787916.2879167917N68°05 '06"E 552 .11 '(TIE)N54°07'36"W 921.20'(TIE)CITY OF ASPENGPS MONUMENT #6CITY OF ASPENGPS MONUMENT #5CATV PEDESTALOSWLIGHT POLEWATER SHUTOFFELECTRICAL OUTLETWATER LINESEWER LINETELEPHONE LINEFIBER OPTIC LINEGAS LINECATV LINEELECTRIC LINE WATER METER MANHOLEWTELEPHONE PEDESTALSSEWER MANHOLEELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDESURVEYOR'S CERTIFICATION TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2022-140DATE: August 30, 2022DRAWNRPKSURVEYEDMANSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY10'5'20'SCALE: 1" = 10'N0LOTS E, F AND G, BLOCK 82, CITY AND TOWNSITE OF ASPENWHEELER SQUARE, A CONDOMINIUMSECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PMCOUNTY OF PITKIN, STATE OF COLORADOIMPROVEMENT & TOPOGRAPHIC SURVEYTITLE COMMITMENT EXCEPTION NOTES:SURVEY NOTES:3. DATE OF FIELD SURVEY: OCTOBER 3 & 4, 2019, UPDATED AUGUST 18, 2021, UPDATED JANUARY 31, 2022.4. T7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION Q 159 HAVING ANELEVATION OF 7911.98.8. CONTOUR INTERVAL EQUALS ONE FOOT.9. NO NATURAL HAZARDS OR SLOPES ABOVE 30% EXIST ON THE SUBJECT PROPERTY.10. UNDERGROUND UTILITIES SHOWN HEREON WERE LOCATED BY ROARING FORK UTILITY LOCATORS LLC ANDARE FOR PLANNING PURPOSES ONLY. PLEASE CALL COLORADO 811 PRIOR TO ANY DIGGING OREARTHWORK CONSTRUCTION FOR UTILITY VERIFICATION.PROPERTY ZONING PER CITY OF ASPEN LAND USE CODEA. PURPOSE. THE COMMERCIAL CORE (CC) SERVES AS THE HIGHEST INTENSITY COMMERCIAL AREA, FULFILLING THEPOLICIES OF THE ASPEN AREA COMMUNITY PLAN GEARED TOWARDS A STRONG AND SUSTAINABLE LOCAL AND VISITORECONOMY, A DIVERSITY OF COMMERCIAL OPPORTUNITIES AND THE MAINTENANCE OF ASPEN'S HISTORIC CHARACTER.THE CC ZONE PROVIDES FOR THE USE OF LAND FOR RETAIL, SERVICE, COMMERCIAL, AND INSTITUTIONAL PURPOSESWITHIN MIXED-USE BUILDINGS ORIENTED TO LOCAL AND TOURIST POPULATIONS. THE BALANCE OF USES IS DESIGNEDTO ENHANCE THE BUSINESS AND COMMERCIAL CHARACTER IN THE HISTORIC CORE OF THE CITY AND PROVIDECOMMERCIAL OPPORTUNITIES PROXIMATE TO MULTI-MODAL TRANSIT INFRASTRUCTURE. THIS MIX OF USES CREATESECONOMIC, CULTURAL AND SOCIAL VITALITY,B. PERMITTED USES. THE FOLLOWING USES ARE PERMITTED BY RIGHT IN THE COMMERCIAL CORE (CC) ZONE DISTRICT:1.) USES ALLOWED ON BASEMENT FLOORS: GENERAL RETAIL, SPECIALTY RETAIL, RESTAURANT, BAR AND ENTERTAINMENTUSES, OFFICE USES, AND BUILDING ELEMENTS NECESSARY AND INCIDENTAL TO USES ON OTHER FLOORS. LODGING USES,ONLY WHEN THE ENTIRE BUILDING IS DEDICATED TO LODGING AND ASSOCIATED COMMERCIAL USE.2.) USES ALLOWED ON THE GROUND FLOOR: GENERAL RETAIL, SPECIALTY RETAIL, RESTAURANT, BAR ANDENTERTAINMENT USES, AND USES AND BUILDING ELEMENTS NECESSARY AND INCIDENTAL TO USES ON OTHER FLOORS.LODGING USES, ONLY WHEN THE ENTIRE BUILDING IS DEDICATED TO LODGING AND ASSOCIATED COMMERCIAL USE.OFFICE USES ARE PROHIBITED ON THE GROUND FLOOR EXCEPT WITHIN SPACES SET BACK A MINIMUM OF FORTY (40)FEET FROM THE FRONT PROPERTY LINE AND RECESSED BEHIND THE FRONT-MOST STREET-FACING FAÇADE. THISPROHIBITION SHALL NOT APPLY TO SPLIT-LEVEL BUILDINGS (SEE DEFINITION) OR PROPERTIES NORTH OF MAIN STREET.PARKING SHALL NOT BE ALLOWED AS THE SOLE USE OF THE GROUND FLOOR. AUTOMOBILE DRIVE-THROUGH SERVICE ISPROHIBITED.3.) USES ALLOWED ON UPPER FLOORS: GENERAL RETAIL, SPECIALTY RETAIL, RESTAURANT, BAR AND ENTERTAINMENTUSES, OFFICE USES, LODGING, AND AFFORDABLE MULTI-FAMILY HOUSING.4.) USES ALLOWED ON ALL FLOORS: GENERAL RETAIL, SPECIALTY RETAIL, RESTAURANT, BAR AND ENTERTAINMENT USES,ARTS, CULTURAL, CIVIC AND COMMUNITY USES, PUBLIC USES, ACADEMIC USES, SERVICE USES, ACCESSORY USES ANDSTRUCTURES, STORAGE ACCESSORY TO A PERMITTED USE, AND USES AND BUILDING ELEMENTS NECESSARY ANDINCIDENTAL TO USES ON OTHER FLOORS, INCLUDING PARKING ACCESSORY TO A PERMITTED USE.5.) FREE-MARKET RESIDENTIAL UNITS: NO NEW FREE-MARKET RESIDENTIAL UNITS MAY BE ESTABLISHED. FREE-MARKETRESIDENTIAL UNITS ARE PERMITTED ON ANY LEVEL IF THEY WERE LEGALLY ESTABLISHED (HAVING RECEIVED A CERTIFICATEOF OCCUPANCY, DEVELOPMENT ORDER, OR APPLIED FOR A DEVELOPMENT ORDER) PRIOR TO ORDINANCE 25 (SERIES OF2012).6.) AFFORDABLE HOUSING UNITS: AFFORDABLE HOUSING IS PERMITTED BY RIGHT ON UPPER FLOORS WHERE ACCESSORYTO A COMMERCIAL USE ON THE PROPERTY OR REQUIRED FOR ON-SITE AFFORDABLE HOUSING MITIGATIONREQUIREMENTS. AFFORDABLE HOUSING CREATED PURSUANT TO THIS SUBSECTION IS NOT ELIGIBLE TO BE USED FOR THECREATION OF CERTIFICATES OF AFFORDABLE HOUSING CREDIT. PURSUANT TO CHAPTER 26.540, UNLESS FOR A FRACTIONOF A UNIT.7.) HOME OCCUPATIONS AND VACATION RENTALS: HOME OCCUPATION AND VACATION RENTALS ARE PERMITTED ONLYIN LEGALLY ESTABLISHED RESIDENTIAL UNITS.C. CONDITIONAL USES. THE FOLLOWING USES ARE PERMITTED AS CONDITIONAL USES IN THE COMMERCIAL CORE (CC)ZONE DISTRICT, SUBJECT TO THE STANDARDS AND PROCEDURES ESTABLISHED IN CHAPTER 26.425:1. GASOLINE SERVICE STATION.2. COMMERCIAL PARKING FACILITY, PURSUANT TO CHAPTER 26.515.3. AUTOMOBILE SHOWROOM AND DEALERSHIP.4. FORMULA USES, WHICH SHALL ALSO BE SUBJECT TO THE PROVISIONS CONTAINED IN SECTION 26.425.045.D. DIMENSIONAL REQUIREMENTS. THE FOLLOWING DIMENSIONAL REQUIREMENTS SHALL APPLY TO ALL PERMITTED ANDCONDITIONAL USES IN THE COMMERCIAL CORE (CC) ZONE DISTRICT. THE DIMENSIONAL STANDARDS AND ALLOTMENTSPROVIDED IN THIS SECTION FOR COMMERCIAL AND MIXED-USE DEVELOPMENTS ARE THE MAXIMUM ALLOWABLE FORTHE ZONE AND MAY NOT BE ACHIEVED FOR ALL DEVELOPMENTS. SITE CONSTRAINTS, HISTORIC RESOURCES, ON-SITEMITIGATION AND REPLACEMENT REQUIREMENTS, AND OTHER FACTORS MAY PREVENT DEVELOPMENT FROM ACHIEVINGSOME OR ALL OF THE MAXIMUM ALLOWABLE DIMENSIONAL STANDARDS.1.MINIMUM GROSS LOT AREA (SQUARE FEET): NO REQUIREMENT.2. MINIMUM NET LOT AREA PER DWELLING UNIT (SQUARE FEET): NO REQUIREMENT.3.MINIMUM LOT WIDTH (FEET): NO REQUIREMENT.4.MINIMUM FRONT YARD SETBACK (FEET): NO REQUIREMENT.5.MINIMUM SIDE YARD SETBACK (FEET): NO REQUIREMENT.6.MINIMUM REAR YARD SETBACK (FEET): NO REQUIREMENT7.MINIMUM UTILITY/TRASH/RECYCLE AREA: PURSUANT TO CHAPTER 12.06.8.MAXIMUM HEIGHT (FEET): TWENTY-EIGHT (28) FEET.9.MINIMUM DISTANCE BETWEEN BUILDINGS ON THE LOT (FEET): NO REQUIREMENT.10.PUBLIC AMENITY SPACE: PURSUANT TO SECTION 26.412.11.FLOOR AREA RATIO (FAR): THE FOLLOWING FAR SCHEDULE APPLIES TO USES CUMULATIVELY UP TO A TOTALMAXIMUM FAR OF 2.25:1.a. COMMERCIAL USES: 2.25:1.b. ARTS, CULTURAL, CIVIC AND COMMUNITY USES, PUBLIC USES, RECREATIONAL USES, ACADEMIC USES, CHILD CARECENTER AND SIMILAR USES: 2:1.c. AFFORDABLE MULTI-FAMILY HOUSING: GREATER OF EXISTING FAR OR 1:1.d. LODGING: 0.5:1, WHICH MAY BE INCREASED TO 1.5:1 IF THE INDIVIDUAL LODGE UNITS ON THE PARCEL AVERAGE FIVEHUNDRED (500) NET LIVABLE SQUARE FEET OR LESS, WHICH MAY BE COMPRISED OF LOCK-OFF UNITS.e. FREE-MARKET MULTI-FAMILY HOUSING: LIMITED TO THE EXISTING FREE-MARKET MULTI-FAMILY FAR. NO EXPANSIONTO FAR SHALL BE PERMITTED, EXCEPT AT-GRADE PATIOS, AND DECKS (OTHER THAN ROOF-TOP DECKS), BALCONIES,EXTERIOR STAIRWAYS, TRELLIS, AND OTHER SIMILAR FEATURES UP TO 15% OF THE TOTAL FREE-MARKET RESIDENTIALFLOOR AREA. ANY SUBSEQUENT REDUCTION IN FLOOR AREA OCCUPIED BY SUCH RESIDENTIAL USE SHALL BE DEEMED ANEW LIMITATION AND THE USE SHALL NOT THEREAFTER BE ENLARGED TO OCCUPY A GREATER FLOOR AREA.FREE-MARKET RESIDENTIAL UNITS SHALL NOT BE ABLE TO UTILIZE ANY EXEMPTIONS TO FLOOR AREA OUTLINED INSECTION 26.575.020(D), MEASURING FLOOR AREA, EXCEPT AS NOTED ABOVE.VICINITY MAPSITEPROPERTY DESCRIPTION PER TITLE COMMITMENTNP = PLATTED ELECTRIC PEDESTALG.C.E. = GENERAL COMMON ELEMENTL.C.E = LIMITED COMMON ELEMENTPROPOSED WINTER AIRLOCK148 730 East Durant Avenue, Suite 200, Aspen, CO 81611 Telephone: 970.925.6300 shermanhoward.com 59129904.1 Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com August 15, 2024 City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Re: 315 East Hyman Avenue Holdings, LLC; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 315 East Hyman Avenue Holdings, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 315 East Hyman Avenue, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Units 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 301, 303, and 305, Wheeler Square Condominiums, according to the Condominium Plat thereof recorded December 30, 1996 in Plat Book 41 at Page 23, and further defined and described in the Amended and Restated Condominium Declaration of Wheeler Square, a Condominium, recorded May 16, 2022 at Reception No. 687577, County of Pitkin, State of Colorado. The Subject Property is subject to the following matters of record: 1. Terms, conditions, provisions, obligations, reservations, exceptions and agreements as set forth in the Deeds recorded October 24, 1887 in Book 59 at Page 59, recorded October 28, 1887 in Book 59 at Page 68 and recorded April 14, 1888 in Book 59 at Page 417. 2. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Encroachment of Public Right of Way recorded December 27, 1976 in Book 321 at Page 960 and Encroachment Agreement recorded January 7, 1986 in Book 503 at Page 53. 3. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement Agreement recorded January 7, 1986 in Book 503 at Page 56. 149 August 15, 2024 Page 2 59129904.1 4. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Wheeler Square, A Condominium, recorded December 30, 1996 in Plat Book 41 at Page 23. 5. Covenants, conditions, restrictions, provisions, easements and assessments as set forth in the Amended and Restated Condominium Declaration of Wheeler Square, a Condominium, recorded May 16, 2022 at Reception No. 687577, County of Pitkin, State of Colorado. 6. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Revocable Encroachment Agreement recorded January 2, 1997 at Reception No. 400556. 7. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution No. 32 Series of 1999 recorded September 13, 1999 at Reception No. 435418. 8. Terms, conditions, provisions and obligations as set forth in the Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of May 19, 2022 between Deutsche Bank AG, New York Branch, as Agent for Lenders and 315 East Hyman Avenue Holdings, LLC recorded May 25, 2022 as Reception No. 687787. 9. Terms, conditions, provisions and obligations as set forth in the Assignment of Leases and Rents dated as of May 19, 2022 between Deutsche Bank AG, New York Branch, as Agent for Lenders and 315 East Hyman Avenue Holdings, LLC recorded May 25, 2022 as Reception No. 687788. 10. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded May 25, 2022 as Reception No. 687789. 11. Collateral Assignment of Lease and Security Agreement made by Gravity Haus Aspen, LLC to EPR Mountain, LLC dated December 7, 2022 and recorded December 7, 2022 as Reception No. 691918. 12. Certificate of No Negative Effect, Commercial Design Review and Administrative Viewplane Review issued by the City of Aspen as of February 8, 2023 and recorded February 10, 2023 as Reception No. 693078. 13. Terms, conditions, provisions and obligations as set forth in the Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of May 17, 2024 between Deutsche Bank AG, New York Branch, as Agent for Lenders and 315 East Hyman Avenue Holdings, LLC recorded May 17, 2024 as Reception No. 702486. This letter shall further confirm that as the owner of the Subject Property, 315 East Hyman Avenue Holdings, LLC has authorized Gravity Haus Aspen, LLC, a Colorado limited liability company, as tenant under that certain lease of the Subject Property dated October 19, 150 August 15, 2024 Page 3 59129904.1 2021, to file and pursue a land use application and obtain the City of Aspen’s approval of the installation of a public entrance airlock on the Subject Property. Sincerely, Curtis B. Sanders 151 BOAT TOW ASPEN BOAT TOW A_ AIRLOCK315 E HYMAN AVEASPEN, CO 81611REVISIONS: 08.30.2024 Note: PERMIT SET Project #: AIRLOCK FLOOR PLAN FLOOR PLAN UNIT 301EXTERIOR PATIO 303 ELEVATOR 39012'-6" KITCHEN 301-2 D C TSC36ICDSR-S36AWINTER AIRLOCK PLAN Scale: 3/16" = 1'-0"1 3'-0"3'-0"3'-0"8'-0"9'-6" NORTH EXISTING HC RAMP PATIO ENTRY ENTRY HOST EXISTING BAR EXISTING KITCHEN EXISTING RESTROOM EXITEXISTING BANQ EXISTING BANQETTEEXIT 315 E HYMAN STREET SIDEWALK WINTER AIRLOCK TENANT ALLEY152 153 154 GRAVITY HAUS BOAT TOW ASPEN AIRLOCK APPLICATION 3. Growth Management Review (Outdoor structures with the ability to be enclosed): Pursuant to Land Use Code Section 26.470.090.F, Growth Management- Temporary Uses and Structures, a temporary tent, external airlock, or similar temporary enclosure is exempt from affordable housing mitigation requirements if erected for 14 days or less in a 12-month period, and approved pursuant to Chapter 26.540, Temporary and Seasonal Uses. If a structure is erected for longer than 14 days in a 12-month period, affordable housing mitigation is required only for the days exceeding 14. Cash-in-lieu may be paid by-right. Pursuant to Land Use Code Section 26.470.050, Growth Management- Calculations, 4.7 employees are generated per 1,000 square feet of Net Leasable space. Sixty-five percent of the employees generated by the additional commercial space are required to be mitigated. Affordable housing is required to be provided at the Category 4 rate. The mitigation calculation includes the expected lifespan of a building, which is currently 30 years. Assuming the outdoor space is 3,117 sq. ft. and the applicant wants to enclose 100 percent of the space for a total of 21 days, the following formula would be used to determine the affordable housing mitigation required: SQFT AIRLOCK 8x9.6 per 1000 TOTAL FTE'S TOTAL FTE'S Days DAILY RATE DAYS IN USE FTEs CAT 4 Mitigation of Structure COST BLDG LIFE SPAN 76.8 1000 0.0768 4.7 0.36096 365 0.0009889315068 127 0.1255943014 $328,533.00 $41,261.87 30 Pre Application example equation REVIEW BY: Community Development staff for complete application and content City Council for Commercial Design Review, Temporary & Seasonal Uses, and Growth Management PUBLIC HEARING: Yes, City Council PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional or less hours will be billed or refunded at a rate of $325 per hour) REFERRAL FEES: None. $1,300.00 $1,375.40 ACTUAL BOAT TOW BY GRAVITY HAUS GMR $1,375.40 $2,675.40 due for mitigation of the structure dec 12/24 - april 15/25 3,117 / 1,000 = 3.117 3.117 x 4.7 FTEs = 14.6499 14.6499 x 65% mitigation rate = 9.522435 to be mitigated if the structure were used 100% of the year 9.522435/365 days per year= 0.02608886 daily rate 0.02608886 x 7 days = 0.18262202 FTEs 0.18262202 x $328,533 [Category 4] = $59,997.36 $59,997 / 30 years= $1,999.91 due for mitigation of the structure for 7 days* *This calculation is subject to change based on the final design and area that the enclosure covers. TOTAL DEPOSIT: $1,300 TOTAL GMR GH Fee for submittal 155 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Haley Hart, Long-Range Planner THRU: Ben Anderson, Community Development Director MEMO DATE: January 6, 2025 MEETING DATE: January 14, 2025 RE: Growth Management Allotment Carry-Forward Resolution #002, Series of 2025 __________________________________________________________________________ SUMMARY: The purpose of this memo is to review the unused Growth Management allotments from 2024 and to seek a Council decision on the amount to carry-forward to the 2025 development year. The Growth Management Quota System (GMQS) outlined in LUC Section 26.470 provides specific annual allotments for various development types in the City. The annual available allotment for each development type is a combination of the standard annual allotment and any carry-forward allotment from the previous year. The City’s Land Use Code specifies the annual allotments in various land use categories as follows. Please note the demolition allotments stated below were established by Council Ordinance# 23, Series of 2023. Development Type Annual Allotment Residential — Free-Market 13 new units No limit in 2025 due to HB23-1255 Commercial 33,300 additional net leasable square feet Residential — Affordable Housing No annual limit Lodging 112 additional pillows Essential public facility No annual limit SF/DX Demolition 6 35 Year + Local, Demolition 2 2025 standard annual allotment + discretionary 2024 carry- forward allotment = 2025 total development allotments 156 Page 2 of 3 Memo, Resolution #002, Series of 2025 GMQS Allotment Carry-Forward BACKGROUND: Growth allotments granted in 2024 are summarized in Exhibit A. The 2024 total development allotments included two unused 35+ Year Local Demolition Allotments from 2023 per Resolution #006, Series of 2024. The following allotments were given in 2024: • Four (4) 35+ Year Local Demolition Allotments (two carried forward from 2023 and two from 2024) • Four (4) SF/DX 2024 Demolition Allotments via Lottery • Six (6) SF/DX 2025 Demolition Allotments via Settlement Agreement per Resolution #62, Series of 2024 • Three (3) Free-Market Residential Allotments For Councils information, all 2025 Demolition Allotments and 35+ Year Local Demolition Allotments have been granted. There is no annual growth cap on Affordable Housing or Essential Public Facilities. Twenty-five (25) affordable housing units were established through five projects, and 15,263 square feet of Essential Public Facility space was approved for the Burlingame Early Childhood Education center. According to Section 26.470.120.B of the Land Use Code, “The City Council, at its first regular meeting of the growth management year, shall review the prior year’s growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year.” In 2025, City Council may carry-forward from 2024 up to ten (10) additional free-market residential allotments, 33,300 square feet of additional commercial space, and 112 lodging pillows. The Land Use Code provides criteria for Council to consider in determining whether to carry forward GMQS allotments. The City Council may carry forward any portion of the previous year's unused allotment in any category, including all or none. Land Use Code 26.470.120.B states: “The City Council shall consider the following criteria in determining the allotments to be carried forward: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built.” The specific code language, including the above criteria, can be found in Exhibit B. A summary of growth over the last decade is provided as Exhibit C. Per Ordinance #14, Series of 2024, Response to Colorado House Bill 23-1255, the Free-Market Residential Allotments will no longer be part of the GMQS system. Moving forward, Council shall only consider the following allotments to carry-forward: Commercial, Lodge, and Demolition. 157 Page 3 of 3 Memo, Resolution #002, Series of 2025 GMQS Allotment Carry-Forward There are currently no 2025 demolition allotments available due to the Settlement Agreements via Resolution #62, Series of 2024 and Resolution #142, Series of 2024. Any allotments carried forward into the 2025 development year, in addition to the annual allotments prescribed by the Land Use Code, could be used by development in each category. Considering the above criteria, and consistent with past Council direction, staff recommends that none of the remaining 2024 GMQS allotments be carried forward to 2025. RECOMMENDATION: Staff recommends City Council approve Resolution #002, Series of 2025, carrying-forward none of the unused 2024 growth management allotments. RECOMMENDED MOTION: “I move to approve Resolution #002, Series of 2025.” ATTACHMENTS: Resolution #002, Series 2025 Exhibit A – 2024 GMQS Allotments Exhibit B – GMQS Carry Forward Review Criteria Exhibit C – Growth Over 5 Years 158 Resolution #002, Series 2025 Page 1 of 1 RESOLUTION #002 SERIES OF 2025 A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE “CARRY- FORWARD” GROWTH MANAGEMENT ALLOTMENT FROM 2024 TO 2025 WHEREAS, pursuant to City of Aspen Land Use Code Section 26.470.120, the City Council shall review the prior year's growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2024 based on: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built; and WHEREAS, on January 14, 2025 the City Council considered the recommendation by the Community Development Director, and the above criteria and approved Resolution #002, Series of 202, by a XX to XX (XX to XX) vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2024 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2024 to be available in 2025. RESOLVED, APPROVED, AND ADOPTED FINALLY this 14th day of January, 2025. Approved as to form: Approved as to content: _______________________________ _______________________________ James R. True, City Attorney Torre, Mayor Attest: _________________________ Nicole Henning, City Clerk 159 City of Aspen Growth Management Quota System - Annual Allotments 2024 SF/DX Demo Jan. 2024 thru Dec. 2024 Annual Allotment 13 33,300 112 6 2 N/A N/A Carry-Forward from previous year 0 0 0 2 N/A N/A Total Available for Year 0 0 N/A N/A ADDRESS AND LAND USE CASE 875 Bonita Dr, LPA-23-094 1 #701383 114 West View Dr, LPA-24-020 1 #702536 1345 Sage Ct, LPA-24-073 1 #703669 1065 Cemetery Ln Unit A, LPA-24-073 1 #703670 1227 Mountain View Drive, LPA-24-011 1 #700838 (via 2024 lottery) 407 N. 3rd Street, LPA-24-010 1 #700836 (via 2024 lottery) 410 Lake Avenue, LPA-24-005 1 #700839 (via 2024 lottery) 1340 Snowbunny Lane, LPA-24-014 1 #700837 (via 2024 lottery) 1075 Cemetery Lane 1 and 2, Settlement Agreement 1 Resolution #62, Series of 2024 327 West Hallam St, Settlement Agreement 1 Resolution #62, Series of 2024 540 West Smuggler St, Settlement Agreement 1 Resolution #62, Series of 2024 981 King St, Settlement Agreement 1 Resolution #62, Series of 2024 400 Lake Ave, Settlement Agreement 1 Resolution #62, Series of 2024 919 Waters Ave, Settlement Agreement 1 Resolution #62, Series of 2024 205 W Main Street 10 Administrative Notice of Approval 120 E Main Street, 2 Ordinance #13, Series of 2024 808 Cemetery Lane, LPA-23-087 1 Ordinance #07, Series of 2024 936 King Street, LPA-24-075 1 #704026 331-338 Midland Ave., Aspen Hills, LPA-21-050 3 11 Resolution #05, Series of 2024 Burlingame ECE, LPA-23-081 15,263 Ordinance #06, Series of 2024 TOTAL ALLOTMENTS USED 3 10 4 25 15,263 REMAINING ALLOTMENTS 10 33,300 112 -4 0 N/A N/A Source: City of Aspen Community Development Department Exhibit A - 2024 Annual Allotments * Note: Affordable Housing Units and Essential Public Facilities are tracked, but are not subject to code prescribed allotment caps. Free-Market Residential Allotments Commercial (square feet net leasable) Lodge (pillows) Affordable Housing Units* Essential Public Facilities (square feet)* Ordinance/ Resolution 35+ Year Local Demo 160 Exhibit B Growth Management Carry Forward Criteria 26.470.120.B, Yearly Allotment Carry-Forward Procedure: “The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council shall consider the following criteria in determining the allotments to be carried forward:” 1. The community's growth rate over the preceding five-year period. Staff Response: The development counted against Growth Management allotments has remained fairly consistent over the past few years, very far below the caps anticipated to generate a 2% annual growth rate (see Exhibit C.) City Council has chosen to not roll over leftover allotments from one year to the next since 2014 except for in 2024 when two (2) unused 35+ year Demolition Allotments were carried forward. Staff finds the number of yearly allotments available to be more than sufficient for the current rate of requests and approvals. Additionally, in response to Colorado HB 23-1255, the Free Market Residential Units are no longer available per Ordinance #14, Series of 2024. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. Staff Response: Prior to the approval of growth management allotments by Council, P&Z or HPC, staff is required to review and make recommendations as to the impact on public infrastructure and appropriateness of the scale and character of the proposed development. A construction management plan is also created and implemented for each project that is approved. Allotments can be denied if these areas of concern are not successfully addressed. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: Staff issued approximately 445 permits in 2024 and finds that greater allotments in 2025 than the 2% cap is not necessary. Given the number of projects and redevelopments in the pipeline within our downtown core as well as SFR, and the fact that the annual allotments are typically being underutilized, staff does not recommend rolling over any unused 2024 Growth Management allotments. 161 Exhibit C Growth Over 5 Years Year FM residential units Commercial square feet Lodging pillows Affordable Housing units Essential Public Facility square feet Demo SF/DX units 35 yr.+ Demo units GMQS Allotments allowed per year, which if consumed, would represent 2% growth in these areas of the community. *established in 2008, except Demo established 2022 18 from 2019 – 2021 13 from 2022 – 2024 33,300 112 No limit No limit 6 2 Utilized GMQS Allotments 2020 2 3,056 0 7 8,319 N/A N/A 2021 0 0 4 4 866 N/A N/A 2022 1 0 0 0 0 6 2 2023 0 2,575 0 277-304 0 6 0 2024 3 0 0 25 15,263 10 4 Total GMQS Allotments and Percentage Utilized 2020-2024 6 of 75 8% 5,631 of 166,500 3.4% 4 of 560 0.7% 302-333 N/A 24,448 N/A 22 of 18 120% 6 of 6 100% Year Aspen’s Population (U.S. Census Bureau) 2010 6,658 2020 7,004 Total change 2010-2020 +346 or 5.2% Average Annual Growth Rate 2010- 2020 +0.52% 162