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agenda.council.regular.20040726
CITY COUNCIL AGENDA July 26, 2004 5:00 P.M. I. Call to Order II. Roll Call Ill. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) b) c) d) e) Resolution #73, 2004 - ARC Painting Contract Resolution #72, 2004 - Appointment of Deputy Municipal Judge Resolution #74, 2004 - Soldner/Burlingame Annexation Resolution #75, 2004 - Supplemental EOTC ¼% Transit SaleS Tax Budget Minutes - July 12, 13, 2004 VII. First Reading of Ordinances ~a) Ordinance #25, 2004 - 308 Park Avenue Historic Landmark Lot Split P.H. 8~23 b) Ordinance #26, 2004 - Little Ajax Annexation P.H. 8/9 c) Ordinance #27, 2004 - Code Amendment RMF and RMFA P.H. 8~23 VIII. Public Hearings a) Resolution #48, 2004 - Aspen Highlands Village PUD Finding of Substantial Compliance With Subdivision Approval Continue to 8~23 IX. Action Items X. Executive Session Xl. Adjournment Next Regular Meeting August 9, 2004 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: THRU: FROM: RE: Mayor and City Council Ed.Sadler, Asset Manager Steve Bossart, Asset Project Manager Paint Removal & Repainting the James E. Moore Pool Natatorium Summary: Pleas find attached an AGREEMENT FO~ ~S~RVICES - T~Q CQ~T~II~ ,.~S !~C~ ,T.~s agreement identifies $450,000.00 for the stripping and repainting of the steel in the pool natatorium. The work to strip and repaint the pool, and the fund requirements of $450,000 from the General Fund to complete it were previously presented to City Council. Background: The architect of record, Durrant, and the City failed to reach agreemem on Construction Administration service fees, Durrant asking for about three times the fee amount they originally proposed. During the construction period we provided Durrant with all correspondence, product submittals, and Requests for Clarificatiort, so they would remain informed of all activities. We further instructed the contractor to follow the Du~.agt, specifications. The Paint section of the specifications called for acrylic paint on all steel. Based on this, the paint issue is one, which is included in the City's lawsuit, and therefore the City hopes to recoup these funds through the lawsuit. A month after the opening, we noticed rust spots or "blooms" on much of the steel in the pool natatorium. We immediately called Vic Davies (the pool architect/consultant) to ask if they'd encountered this problem before. We discovered that Vic had sent his paint spec for epoxy paint to Durrant for inclusion in the specs. Durrant and the City of Aspen subsequently agreed to split the cost for a corrosion and coatings engineer (KTA-Tator) to investigate and make recommendations. Those recommendationsW~[e to remove all previous finish, prepare all steel to a specific standard, and recoat all steel with an epoxy finish system. The City contracted with KTA to create a specification and to provide inspection services during the repainting process in the amount of $10,500. Discussion: The pool repainting is an unhappy situation. It is necessary to do it as soon as possible to prevent further damage. We chose the fall period as the least disruptive with the most back-end flexibility for unforeseen contingent events and delays. RESOLUTION # (Series of 2004) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND TECHNO COATING INCORPORATED SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE ASPEN RECREATION CENTER POOL NATATORIUM PAINTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Techno Coating, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby, approves that contract between the City of Aspen, Colorado, and Techno Coating regarding the Aspen Recreation Center Pool Natatorium Painting, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said Contract on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 26, 2004. Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION THE CITY OF ASPEN THIS AGREEMENT, made and entered 'into 'on July 26, 2004, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Techno Coatings, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in aCCordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Aspen Recreation Center Pool Natatorium Painting, and, WHEREAS, the Contractor, in response tO such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein, The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "NOtice To Proceed" and will complete the project on or before November ~, 2004. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Four Hundred Fifty Thousand Dollars ($450,000.00) DOLLARS or as shown on the BID proposal. o 10. 11. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. - The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. 13. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. This Cont'ract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the .parties in the negotiation, review or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this ContraCt For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: ATTESTED BY: CONTRACTOR: Title: /,~/~ ~,~'~,~/ 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. PLEASE SEE ATTACRED CALIFORNIA ALL-PURPOSE ACKNONLED~ CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF o~c~. ) )ss. .) On this 21s'r day of J~-C¥ ,20o4 , before me appeared CHUCK known, who, being by me firstduly sworn, did vzc~. ~,~ST])~rr of ~ECHNO COA~ING$~ INC. , to me personally say that s/he is and that the seal affixed to .said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and yea~' in this certificate first above written. Notary Public My commission expires: Address CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '[ ss. County of O~-an~e On Ju'ly 2!, 2004 before me, Date personally appeared Chuck ]Sh:i. tehead Lorna Jean Kirkland Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) [~ personally known to me [] proved to me on the basis of satisfactory evidence ~f'"-¥~, Commission # 1380436 ~z ~ Notary Pubtic -.California i ~x.~~ Orange County to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAl. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaffachment of this form to another document. Description of Attached DOcument Title or Type of Document: Certificate of Incorporation Document Date: Juty 21, 2004 Signer(s) Other Than Named Above: no other si_griefs Number of Pages: one Capacity(ies) Claimed by Signer Signer's Name: Chuck NhJ. tehead ~] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Techno Coatin§s, Tnc. Top of thumb here © 1999 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 * wWW. nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1 ~800-876-6827 Exhibit "A" ..... CITY OF ASPEN TECHNICAL SPECIFICATION FOR REMEDIATION OF THE COATED STEEL SURFACES AT THE JAMES E. MOORE NATATORIUM ASPEN, CO. PART 1.0 - TECHNICAL 1.01 SCOPE This section defines the technical and quality requirements for removing the existing acrylic coatings on: · the structural steel, · the decking and truss work comprising the ceiling area~ · galvanized ductwork, · the open stairways and railings. in the James E. Moore Natatorium in the city of Aspen, CO. and applying an inorganic zinc-rich/epoxy system to the steel surfaces. The existing acrylic coatings were applied over, in many cases, inadequately prepared steel containing mill scale and rust. Additionally the acrylic system is inadequate to provide corrosion protection in the moist chemical environment of the natatorium. Additionally, the truss work and ceiling surfaces contain many crevices which will. require tedious surface preparation operations and caulking prior to painting. Do It is anticipated that some form of abrasive _blasting will be necessary in order to remove the existing coatings. Since the work will have to be performed in the natatorium, dust and spent abrasive containment will be of utmost importance. Strong consideration should be given to the use of Iow dust abrasive blasting operations such as Sponge-Jet, Sodium Bicarbonate blasting, wet abrasive blasting etc. Coating removal on galvanized surfaces will have to be accomplished without imparting any damage to the galvanized surfaces. For this operation mild abrasive blasting operations (Sodium Bicarbonate) should be considered. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 1 of 22 1.02 DEFINITIONS The term "Engineer" as used throughout this Section represents the Owner or its representative. The term "Contractor" as used in this Section represents the organization responsible for performing th'e maintenance painting work detailed in this specification and the procurement documents. All requirements specified herein pertaining to the Contractor are also applicable to any sub-contractors performing the specified work. 1.03 GENERAL The Contractor shall visit the site and carefully evaluate the plans and specifications in order to determine the level of effort required to complete the project within the scheduled time period. This work will take place in a fully functioning recreational center. Coordinate the work to minimize disruptions to operations, maintenance, or Other construction. Comply with all City of Aspen general site agreements and Contractor Responsibilities. Enforce strict discipline and order on the project. Provide for all labor, equipment, materials, machinery, facilities, and services necessary to complete the work. Supply The City of Aspen with specifications for all materials furnished as a part of this project, including any warranties or guarantees that apply. The Contractor is required to implement and maintain programs and procedures that comply with the requirements of this Section and all applicable Federal, state, and local OSHA and EPA standards and regulations. The Contractor is cautioned that it must comply with all applicable regulations even if the regulation is not specifically referenced herein. If a state or local.regulation is more restrictive than the requirements of this Section, the more restrictive requirements prevail. 1.04 REFERENCE STANDARDS The latest edition of the following standards and regulations form a part of this specification. ' A. American Society for Testing and Materials (ASTM) ASTM D1400, Standard Test Method for Non-Destructive Measurement of Dry Film Thickness of Non,Conductive Coatings Applied to a Non-ferrous Metal 'Base 2. ASTM D3359, Standard Test Methods fOr Measuring Adhesion by Tape CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 2 of 22 .05 Test 3. ASTM D4138, Standard Test Method for Measurement of Dry Paint Thickness of Protective Coating Systems by Destructive Means 4. ASTM D4285, Standard Test Method for Indicating Oil or Water in Compressed Air 5. ASTM D4414, Standard Practice for Measurement of Wet Film Thickness by Notch Gages 6. ASTM D4417, Standard Test Methods for field Measurement of Surface Profile of Blast Cleaned Steel 7. ASTM D4541, Standard Test Method for Puli-Off Strength of Coatings Using Portable Adhesion Testers B. Steel Structures Painting Council (SSPC) 1. SSPC-SP 1, Solvent Cleaning 2. SSPC-SP 2, Hand Tool Cleaning 3. SSPC-SP 3, Power Tool Cleaning 4. SSPC-SP 10, Near White Blast Cleaning 5. SSPC-SP 11, Power Tool Cleaning to Bare Metal 6. SSPC-SP 12, Water Jetting 7. SSPC-PA 2, Measurement of Dry Film' Thickness with Magnetic Gages 8. SSPC-VIS 1, Visual Standard for Abrasive Blast Cleaned Steel 9. SSPC-VlS 3, Visual Standard for Power- and Hand-Tool Cleaned Steel C. Equipment and Coating Manufacturers' Published Instructions D. City of Aspen Section B, Specification for Worker, Environmental Protection, and Waste Handling for Lead Paint Removal SUBMITTALS A. PROPOSAL SUBMITTALS CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 3 of 22 Each Contractor submitting a proposal for completing the work specified herein'. shall provide the following documentation for review by the Owner: A list of prior jobs similar in nature and scope to the one specified herein. All referenCes shall include contact information (name, company name, phone number, address, etc.). A brief description of the methodologies that will be used for preparing the surfaces for painting .and application of the coatings. The narrative shall include a description of the containment practices that will be employed to prevent the introduction of waste and spent abrasives .to the surroundings. 3. Identification of the coating materials that will be used. 4. A proposed schedule, with man-loading, for completing the work. A copy of the Contractor's safety Program with the history of lost time accidents. SUBMITTALS AFTER THE AWARD OF CONTRACT Schedule: The successful Contractor must submit the following plans and programs for Engineer review and acceptance on or before the date required in the procurement documents. 2. Paint Removal/Painting Plan a) Provide a description of the equipment that will be used for surface preparation and paint application. b) Identify the methods of containment or.work isolation procedures that will be followed to protect surrounding structures, equipment, and facility personnel from exposure to surface preparation and paint debris. Include methods that will be followed to handle project debris. c) Identify the coating materials to be applied. Include manufacturer's name, product trade name, and product number. Provide coating material product data sheets, VOC levels, MSD sheets, and written application instructions including mixing requirements, specified thinners, and thinner amounts. d) Identify the caulking or sealant materials to be applied. Include manufacturer's name, product name, generic type, VOC levels; MSD sheets, and written application instructions. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 4 of 22 1.06 e) Submit two 6 inch x 6 inch samples of the finish color(s). o Safety Program: A comPrehensive, written, safety program for the protection of all Contractor and Subcontractor personnel from project hazards. o Work Schedule: A revised schedule based on comments provided by the Owner that includes mobilization, surface preparation, painting, and demobilization. Identify the start date and duration of each activity in calendar days. Include any dependencies or conditions that affect the schedule. C. ENGINEER'S REVIEW OF SUBMITTALS Do not construe Engineer acceptance of Contractor submittals 'to imply approval of any particular method or sequence for conducting the work, or for addressing health and safety. Acceptance of the programs does not relieve the Contractor from the responsibility to conduct the work in strict accordance with the requirements of this Section, or to adequately protect the health and safety of all workers involved in the project including any members of the public who'may be affected by the project. The, Contrac~to[ remains solely responsible for the adequacy and completeness of the programs and work practices, and adherence to them. GENERAL SAFETY The Contractor is responsible for the safety of the work under its direct control and supervision. The Contractor is responsible for the health and safety of its employees and its subcontractors' employees. Develop an approved safety and health program for all Contractor employees and subcOntractors. Co Designate a Contractor safety representative to participate in safety meetings when requested by the Engineer. D. Keep the work area in a clean, neat, and safe condition. Maintain accurate record files of accidents, occupational illnesses, fatalities, or OSHA citations. Equip personnel with safety clothing, including shoes with non-sparking soles, and proper respiratory protection as required for the work. Provide explosion proof lighting, fans, pumps, sprayers, flashlights, etc. in all painting and curing areas. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 5 of 22 Prohibit smoking, matches, lighters, or other spark/flame producing items in the painting, curing, or storage areas. Provide and maintain adequate ventilation during surface preparation, coating application, and curing phases of work to adequately remove dust and fumes to prevent injury to workmen or accumulation of volatile gases. Engineer representatives have the right to examine the site of any accident and to question any person having knowledge of any such accidents. Engineer representatives have the right, but not a duty, to inspect to verify that the safety and health requirements under this contract are being implemented and fulfilled. If inspections reveal deficiencies, take immediate corrective action as may be required to correct the deficiencies. If Contractor fails or refuses to correct an unsafe or unhealthful condition, the Engineer has the right to stop all or part of work performed until satisfactory corrective action has been taken. The Engineer or Owner will not be subject to claims by the Contractor, its employees, or its subcontractors as a result of this stop work order. Stop work orders do not relieve the Contractor of completing the work on time. The Engineer maintains the right to remove any person(s) from the site if, in the opinion of the Engineer, the person(s) endangers the safety or health of himself or others. 1.07 SUPERINTENDENCE BY THE CONTRACTOR The Contractor is responsible for supervising and directing the work efficiently using the best skills and attention, and is solely responsible for the means, methods, techniques, sequences, and procedures of construction. Bo Keep an experienced, competent resident superintendent acceptable to the Engineer on the project at all times. Do not replace the superintendent except under extraordinary circumstances, and only upon approval of the Engineer. Co The superintendent is the Contractor's representative and must have the authority to act on behalf of the Contractor. All communications given to the superintendent are binding upon the Contractor. 1.08 CONTRACTOR QUALIFICATIONS The Contractor shall have, as a minimum, five (5) years of successful industrial painting experience, with a minimum of 3 projects in the last 2 years involving a similar scope of work, including methods of removal and painting systems. Contractor must be a licensed painting and decorating contractor in the state of Colorado. PART 2.0 - PRODUCTS 2.01 PROTECTIVE COVERINGS AND CONTAINMENT CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 6 of 22 2.02 Provide all protective coverin§s and containment materials needed to prevent cOntamination of surrounding equipment or property, and to protect those surfaces that are not designated to bE prepared or receive coating. SURFACE PREPARATION AND PAINTING EQUIPMENT Provide and use surface preparation and painting equipment in accordance with the requirements of Part 3.0. Provide all equipment needed to perform the work including the necessary power supplies, even if the required .equipment is not specifically designated in this Section. B. Blast Cleaning Equipment 1. Provide blast cleaning equipment as specified in Part 3.0. Use equipment that is well maintained with properly sized pots, hoses, nozzles, and all support equipment (e.g., compressors) needed to perform the work as specified. o If recycled abrasives are used, provide appropriate equipment to clean the abrasive for reuse, including the removal of fine particulate and dust. If wet abrasive blast cleaning is used, provide all equipment needed to supply an appropriate volume of water and to apPly rust inhibitor to the surface, as required. C. Abrasives Provide abrasives that are clean, dry, and sized properly to provide the surface profile required by the coating manufacturer. Use abrasives that are compatible with the substrate' being cleaned and that are acceptable to the Engineer. D. Hand and Power Tools Provide brushes, discs, wheels, scrapers, descalers, and other equipment as specified in Part-3.0. 2. Use equipment and materials that are clean and sized properly to accomplish the work, including the required surface profile when specified. E. Brushes and Rollers 1. Provide brushes and rollers as specified in Part 3.0. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY '13, 2004 Page 7 of 22 Use equipment that is clean, constructed of a material that will not be softened or deteriorated by the paint material or solvents, that Will not leave excessive amounts of roller nap or bristles in the apPlied paint film, and which is sized properly to perform the work. F. Spray Equipment Provide airless, conventional, and/or other spraying equipment as specified in Part 3.0. Use equipment that is clean, equipped with agitators and ancillary equipment (e.g., heaters) as required, and is sized properly to perform the work. 2.03 COATING MATERIALS Ao Provide the type and quantity of coating materials needed to paint all surfaces identified in the scope of work. Verify that all coating materials are compliant with federal and local regulations. The coating systems to be applied for steel substrates are provided in Table 1. The coating systems to b applied to. galvanized surfaces are provided in Table 2. Use the same manufacturer for all coats of the specified system, including thinners, additives, and touch-up coatings. Do not co-mix coating products or components produced by different manufacturers under any circumstances. Only use paint materials that are packaged in sealed, original, labeled containers bearing manufacturer's name, type of material, brand name, color designation', shelf life, batch number, and instructions for mixing and thinning. 2.04 CAULKING/SEALING MATERIALS Use materials that are recommended by the coating manufacturer which are suitable for the intended service and are compatible with the painting system. 2.05 PERSONAL PROTECTIVE EQUIPMENT Provide all of the necessary personal protective equipment (PPE) for the project to assure that w°rkers are protected from hazards during surface preparation, coating application, and clean-up activities. Repair or replace PPE as necessary to assure that it continues to provide its intended purpose. PART 3.0 - EXECUTION CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 8 of 22 3.01 CONTAINMENT AND PROTECTION OF SURFACES NOT TO BE COATED Use extreme diligence to assure that equipment, hardware, fixtures, and other surfaces are protected against abrasive damage, paint spillage, overspray, etc. Use protective coverings, shields, or masking, as necessary, to protect equipment and surfaces such as bearings, gears, control boxes, switch motors, cable trays, piping, floors, etc. that are not designated to receive coating. The Contractor is responsible to make full restitution for damages caused. Contain the surface preparation and painting operations to avoid contamination of surrounding property. Protect.all pool areas and drain systems from the entrance of any paint removal or painting debris. Maintain all protective coverings and containment materials during the entire period that work .is being performed. Remove all coverings and materials upon completion of the work. Provide all necessary scaffolding and staging required for the work and remove it upon project completion. Exercise extreme care in fastening, bracing, and handling the scaffolding and staging to avoid scratching or damaging coated surfaces and surrounding property and equipment. This is of particular importance where scaffolding comes in contact with the pool surfaces. The Contractor is responsible for the repair of any damage created at its own cost. 3.02 SUBSTRATE REPAIRS AND CAULKING The following inspections and activities shall be performed on all surfaces to be coated, as appropriate for the substrate being painted. A. SUBSTRATE REPAIRS DUE TO EXCESSIVE MATERIAL LOSS Since the facility is only a few years old it is not anticipated that substrate repairs will be required. However, should repairs be necessary the following requirements shall be followed. The Contractor shall examine all substrates for the presence of material loss and corrosion. Report all areas to the Engineer. Repair all areas as directed by the Engineer. Repairs shall be made by the application of a seam sealer/pit filler material acceptable to the coating manufacturer. When welding and/or steel replacement is required, the Owner will arrange for the completion of these activities. Welding and CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 9 of 22 Bo metal replacement is not the responsibility of the Contractor. CAULKING OF CREVICES Unless otherwise directed, apply caulking to crevice areas such as those caused by stitch welding. Apply the caulking in accordance with the manufacturer's instructions in such a manner to seal the area from penetration by moisture. Large crevices or gaps may require the use of specialized construction materials such as polyethylene backing rods in conjunction with the caulking. Use caulking materials that are acceptable to the coating manufacturer. Provide the proposed methods of caulking to the Engineer in advance for WELD SPATTER AND SHARP EDGES Remove slag, flux deposits, and weld spatter. Grind any resulting burrs smooth. Prior to preparation, break sharp edges such as those created by flame cutting and shearing. The rolled edges of angles, channels, and wide flange beams do not normally require further rounding unless specifically directed by the Engineer. 3.03 SURFACE PREPARATION- GENERAL A. COMPRESSED AIR CLEANLINESS 'When compressed air is required for any operation, only use compressed air that is free from moisture and oil contamination. Verify the cleanliness of the compressed air by the white blotter test in accordance with ASTM D4285 at least once per shift for each compressor system. Sufficient freedom from oil and moisture is confirmed if soiling or discoloration are not visible on the paper. If air contamination is evident, change filters, clean traps, add moisture separators or filters, or make adjustments .as necessary to achieve clean, dry air. AMBIENT CONDITIONS: Unless otherwise allowed .by the Engineer, do not conduct final surface preparation which exposes the bare substrate under damp environmental conditions or when the surface temperature is less than 5°F above CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 10 of 22 the dew point temperature of the surrounding air. 3.04 CLEANING OPERATIONS No surfaces shall be prepared and painted without first employing cleaning operations. A. SOLVENT CLEANING Prior to using any of the methods of surface preparation specified herein, remove heavy deposits of grease and oil from the bare subStrate using a scraper or squeegee. All s~lvents used shall meet all applicable federal and local VOC requirements. 3. Solvent/Detergent Cleaning a) Remove all oil and grease residues in accordance with SSPC - SP 1 Solvent/Detergent Cleaning -Steel, Galvanize, Prefinished Metal, FRP, PVC, Insulation, Wood, Stainless, and Other Non-Ferrous Metals. b) Only use solvents or detergents that will not damage the substrate, and that are acceptable to the coating manufacturer and the Engineer. c) Collect, properly handle, and dispose of all residue from degreasers or detergents in accordance with the regulations specified herein. Do not dispose of any materials down the plant drain system. d) Use clean cloths for the final wiping. NOTE: It may be necessary, to supplement these mechanical cleaning such as scraping and wire brushing in order to dislodge surface contaminates. methods with or stiff bristle B. PRESSURE WATER WASHING Pressure water wash all surfaces at a pressure sufficient to remove all loose paint and other contaminants. Use detergents as required in order to thoroughly clean the surface. Thoroughly rinse and allow to dry prior to painting. detergents in accordance with the regulations specified Collect, properly handle, and dispose of all residue from degreasers or herein. Do not CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 11 of 22 3.05 dispose of any materials down the plant drain system. C. MILDEW REMOVAL Remove mildew from the surface, as necessary, prior'to the application of the first coat. Use a solution of bleach and detergent to wash and scrub the surface. Follow with thorough rinsing with clean water to remove all residue. Provide information on the proposed cleaning solution to the Engineer in advance for approval. SURFACE PREPARATION ACTIVITIES A COMPRESSED AIR CLEANLINESS When compressed air is required for any operation., only use compressed air that is free from moisture and oil contamination. Verify the cleanlineSs of the compressed air by the white blotter test in accordance with ASTM D4285 at least once per shift for each compressor system. Sufficient freedom from oil and moisture is confirmed if soiling or discoloration are not visible on the paper. If air contamination is evident, change filters, clean traps, add moisture separators or filters, or make adjustments as necessary to achieve clean, dry air. AMBIENT CONDITIONS: Unless otherwise' allowed by the Engineer, do not conduct final surface preparation which exposes the bare substrate under damp' environmental conditions or when the surface temperature is less than 5°F above the dew point temperature of the surrounding air. C. ACCEPTABLE SURFACE PREPARATION METHODS - CARBON STEEL Completely remove all existing coatings in accordance with the specified method(s) o.f preparation provided below: 1. SP 10 Near-White Blast Cleaning - Carbon Steel a) Remove all coating and prepare the surface in accordance with SSPC-SP 10. Note that an SP 10 cleanliness requires the removal of all mill scale. The Owner is not responsible .for any additional compensation for White appearance that might result when removing the mill scale. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 12 of 22 b) c) If approved by the Engineer, water may be combined with the abrasive or abrasive injected into a water jetting system to suppress dust and control emissions while preparing the surface. d) If wet methods of Preparation are employed, use an inhibitor acceptable to the coating manufacturer to prevent flashing. Provide information °n the proposed inhibitor with the project submittals identified in section 1.0. Low dust abrasive blasting methods shall be strongly considered as the technique for preparing the surfaces designated for remediation. .e) SSPC-VlS 1 may be used as an aid in defining the final surface appearance of a Near-White Blast Cleaned surface. NOTE: Power tool cleaning methods, described below, shall only be used to supplement the abrasive blasted methods. It is not intended that power tool cleaning be used as the primary method for preparing the surfaces. SP 11 Power Too Cleaning to Bare Metal - Carbon Steel, Galvanize, Stainless, and Other Non-Ferrous Metals a) Remove all paint and prepare the surface with power tools in accordance with SSPC-SP 11. b) Upon completion of the cleaning, verify that a minimum 1 mil surface profile, or deeper if required by the coating manufacturer, has been achieved uniformly and densely across the surface. When preparing galvanize, use care to minimize the amount of galvanizing removed during the cleaning. c) SSPC-VIS 3 may be used as an aid in defining the final surface appearance. PREPARATION OF GALVINIZED SURFACES All paint and rust shall be removed by the abrasive blasting techniques described above. When used on galvanized surfaces, strongly consider the use of mild abrasive blasting techniques (sodium bicarbonate, sponge jet, etc.). If standard abrasive blasting is used control the blaSt cleaning to minimize the amount of galvanizing that is removed. Consider reducing pressures and using a mild abrasive. Galvanizing loss will not be permitted. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 13 of 22 All .galvanized surfaces to be overcoated shall be treated with Galva-Prep or similar commercially available phosphoric acid type etchant in accordance with the manufacturer's requirements. 4. Approval of the coating manufacturer shall be obtained prior to application. Contact the Engineer for approval before allowing the rinsings to enter the drain system. If approval is not given, collect the debris for proper disposal. 6. Paint application shall be initiated within four hours after acid etching. E. ABRASIVES/PROFILE Use clean, dry, uniformly graded abrasives for blast cleaning that are free of oil, soluble salts and other similar substances which could contaminate the blasted surface. Provide abrasive that is sized to produce an anchor pattern profile height in accordance with the requirements of the coating manufacturer. Measure the surface profile on metal substrates in accordance with ASTM D4417. Do not reuse abrasive unless the abrasive is specifically designed for that purpose (e.g., recyclable steel grit), and ample equipment is available for the safe, controlled cleaning of the abrasive. 3.06 PAINT.STORAGE, MIXING, AND HANDLING A. PAINT STORAGE 1. Keep all containers of paint unopened until required for use. Store all paint, thinners, and solvents in accordance with OSHA'regulations and the requirements of the paint manufacturer. Store the paint and solvents under cover, out of direct sunlight. Maintain the temperature between 40OF and 90OF, unless the requirements of the manufacturer are more restrictive. Provide the size and number of fire extinguishers in proper proportion to the quantity of paint stored. 4. Do not permit smoking in paint storage, mixing, and application areas. 5~ Do not open or mix paints in the storage area unless authorized by the Engineer. 6. Do not return mixed paints to the storage area. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 14 of 22 Bulk containers for solvents and thinners must be equipped with spring- loaded, self-closing, dispensing nozzles and Underwriter's Laboratories approved drum bung vents. Use Underwriter's Laboratories approved containers for transporting paint to mixing areas. 8. Use explosion-proof I.ighting fixtures. Do not permit the accumulation of empty paint cans, combustibles, and other debris. 10. Maintain MSD sheets for all materials. B. MIXING AND THINNING OF COATING MATERIALS Verify that the paint to be mixed has not exceeded its shelf life.. When required by the manufacturer, warm paints stored at less than 50OF to above 50OF prior to mixing. Utilize proper ventilation in the mixing area to prevent injury to workers or the accumulation of volatile gases. o Mix all coatings in accordance with the requirements of the coating manufacturer using mechanical equipment such as a Jiffy mixer. Observe induction times as applicable. 4. Mix only complete kits of material. Mixing of partial kits is not allowed. ° Do not use two component materials beyond the pot life established by the manufacturer's written instructions. Thin paints in strict accordance with the coating manufacturer's written instructions. Use only those types, brands, and amounts of thinner recommended by the coating manufacturer. Limit the thinning to the minimum amount necessary to facilitate application. Assure that thinning operations do not violate all federal and lOcal VOC limits. 3.07 COATING APPLICATION Surface Preparation - Verify that the sUrface exhibits the specified degree of cleaning immediately'prior to painting. Grease/Oil - If grease or oil have become deposited on the bare substrate or on the surface of any of the applied coats, remove by solvent cleaning in accordance CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 15 of 22 with SSPC-SP 1 prior to the application of the next coat. Surface Cleanliness Thoroughly clean the surface of each coat prior to the application of the next to remove spent abrasive, dirt, dust, and other interference material. Ambient Conditions - Apply coatings under the following conditions unless the requirements of the coating manufacturer are more restrictive or permit otherwise (moisture cured urethanes). When applying coatings that are specifically designed for application over condensation, wipe the surface free of visible moisture immediately prior to application. The dew point restrictions do not apply in these cases. 1. Surface and Air Temperatures - Between 50°F and 110°F. 2. Relative Humidity - Less than 85%. 3. Dew Point Surface temperature at least 5°F above the dew point temperature of the surrounding air. Frost/Rain - Do not apply coatings to surfaces containing frost or during rain, fog, or similar conditions. Remove and replace any paint that is exposed to unacceptable conditions (e.g. rain or dew) prior to adequate curing. Eo Methods of Application - Apply all coats by the methods shown below unless the methods recommended by the paint manufacturer are more restrictive: Airless or conventional spray application - If conventional spray is used, verify that the compressed .air supply is clean and dry as determined by the blotter test per ASTM D4285. When sPraying, use extreme care to avoid contamination of surrounding areas or property by overspray. Fo ° Brush or roller application Brushes or rollers may be used to control overspray, or for localized application such as touch-up, in areas of limited accessibility for spraying, or for stripe coating. Do not use brushes or rollers for the application of inorganic zinc-rich coatings. Coverage, Continuity, and Stripe Coating CITY OF ASPEN JAMES E, MOORE NATATORIUM ASPEN, CO. Apply each coat to assure thorough wetting of the substrate or underlying coat, and to achieve a smooth, streamline surface relatively free of dryspray, overspray, and orange peel. Shadow-through, pinholes, bubbles, skips, misses, lap marks between applications, variations in color or texture, or other visible discontinuities in any coat are unacceptable. Runs or sags may be brushed out while the material remains wet. MAY 13, 2004 Page 16 of 22 Jo Thoroughly coat all surfaces with special attention to hard-to-reach areas and irregular surfaces such as edges, corners, welds, and bolts. Apply a stripe coat to edges, welds', crevices, rivets, bolt threads, and other similar surface irregularities prior to the application of the intermediate and finish coats. Color - Colors shall be as directed by the Owner. Tint - Tint successive coats (if approved by the manufacturer), or use materials of sufficiently different color to facilitate proper coverage and to provide a visual distinction between coats. Recoat Time - Apply each coat only after the previous coat has been allowed to dry as required by the manufacturer's' written instructions, but as soon as possible to minimize the length of exposure to dust and contamination. Coating Adhesion Apply all coats in such a manner to assure that they are well-adherent to each other and to the substrate. As required by the Engineer, conduct adhesion tests of the coating. Use ASTM D3359 and/or ASTM D4541, as directed. If the application of any coat causes lifting of an underlying coat, or there is poor adhesion between coats or to the substrate, remove the coating in the affected area to adjacent sound, adherent, coating, and reapply the material. Wet Film Thickness - Use wet film thickness gages in accordance with ASTM D4414 to verify the thickness of each coat at the time of application. Dry Film Thickness and Number of Coats For steel surfaces, apply the number of coats and the film thickness of each coat in accordance with Table 1, below. Table 1 Acceptable Coating Systems 'f6r; steel Manufacturer/ ' coating Dry Film Thickness Coating (mils) Tnemec CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 17 of 22 Primer Tnemec 90E93 2.5 - 3.5 Intermediate Tnemec Series 66 Epoxoline 3 - 5 Topcoat Tnemec Series 66 Epoxoline 4 - 6 Sherwin Williams Primer Zinc-Clad II Low VOC 2.5 - 3.5 Intermediate Macropoxy HS B58Y400 4- 6 Topcoat Macropoxy HS B58-400 4 - 6 Devoe Primer Catha-Coat 302H 2 - 4 Intermediate Devran 220' 5 - 7 Topcoat Devran 220 5 - 7 2. For galvanized steel surfaces apply the number of coats and film thicknesses of each coat in accordance with Table 2. Table 2 Acceptable Coating Systems for Galvanized Steel Manufacturer/ Coating Dry Film Thickness Coating (mils) Tnemec Touch-up* Tnemec 90-97 2.5 - 3.5 Primer Tnemec Series 66 Epoxoline 3 - 5 Topcoat Tnemec Series 66 Epoxoline 4 - 6 Sherwin Williams Touch-up* Zinc-Clad III HS 2.5- 3.5 Primer Macropoxy HS B58Y400 4 - 6 Topcoat Macropoxy HS B58-400 4 - 6 Devoe Touch-up* Catha-Coat 302H 2 - 4 Primer Devran 201 2 - 3 Topcoat Devran 220 5 - 7 * The touch-up coating is only to be used on exposed areas of steel where the galvanizing is missing. Measure the thickness of each coat applied to ferrous substrates using nondestructive magnetic dry film thickness gages. Comply with SSPC-PA 2 for the calibration and use of the gages, and the frequency of thickness CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 18 of 22 3.08 measuremen[s. Measure the thickness of each coat applied to non-ferrous metal substrates using nondestructive thickness gages in accordance with ASTM D1400. If there are disputes regarding the non-destructive measurements of coating thickness on metal substrates, a Tooke Gage (destructive scratch gage) may be used when authorized by the Engineer. Conduct measurements in accordance with ASTM D4138, but limit its use to a minimum of locations. Mark and repair all damage created by the destructive testing. o Apply additional coating in areas of insufficient thickness with care to assure that all repairs blend in with the surrounding material. Unless directed otherwise by the Engineer, remove excessive coating thickness and reapply the affected coat(s). REPAIR OF DAMAGE TO COMPLETED COATING SYSTEM A. Surface Preparation 1; Localized Damage - Prepare localized damage by solvent cleaning in accordance with SSPC-SP 1 followed by power tool cleaning: a) If the damage exposes the substrate, remove all lose material as described in SSPC-SP 11. b) If the substrate is not exposed, clean in accordance with SSPC-SP 3. c) Use SSPC-SP 2 hand tool cleaning for surface preparation only upon approval of the Engineer. d) SSPC-VlS 3 may be used as an aid in defining the appearance of the steel after preparation. Extensive Damage - Prepare extensive damage to the coating by methods such as power tool cleaning, as directed by the Engineer. Feathering Regardless of the method ofr preparation, feather the surrounding coating at each repair for a distance of 1 to 2 inches to provide a smooth, tapered transition into ~intact coating. Roughen the existing coating in the feathered area to assure proper adhesion of the repair coat(s). CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 19 of 22 3.09 3.10 B. Coating Application 1. When the bare substrate is exposed in the damaged area, apply all coats. When the damage.does not extend to the bare substrate, re-apply only the affected coats. 3. Maintain the thickness of the system in the overlap areas within the specified total thickness tolerances. HOUSEKEEPING, CLEAN-UP AND WASTE DISPOSAL A. HOUSEKEEPING AND CLEAN-UP Conduct housekeeping daily to maintain the work site in a neat and orderly condition. Solvent cleaning of all paint application equipment shall be conducted in accordance with all federal and'local VOC requirements. At the end of each day at a minimum, haul empty paint cans and other debris to the waste storage area. Promptly remove all paint drips, splashes, and overspray from surfaces not intended to be painted. Upon project completion, remove all equipment and materials, correct any damage caused by the operation, and leave all surfaces in a clean and acceptable condition. B. WASTE STORAGE AND DISPOSAL Handle and store all hazardous and non-hazardous project waste in strict accordance with the all federal, state and local requirements. INSPECTION A. CONTRACTOR'S INSPECTION Furnish, until final acceptance of the coating system, all equipment and instrumentation needed to inspect all phases of the work. Conduct and document the following minimum inspections on a daily basis. Provide copies of all records to the Engineer upon completion of the project, or more frequently, if directed. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 20 of 22 a) General Project Information project name, contractor name, superintendent or foreman, inspector, and date b) Work Location(s) c) Protective Coverings - coverings and containment in place d) Ambient Conditions - test results and test locations during surface preparation and painting e) Compressed Air Cleanliness - time and location of tests f) Surface Preparation - method(s) of preparation, equipment used, surfaces prepared, quality of preparation, surface profile g) Coating Material and Thinner product trade names and batch numbers mixed each day h) Coating Mixing Data - quantities mixed, method(s) of mixing, mixing times, induction periods, thinner amounts Application Data -locations coated, method(s) of application, equipment used, application 'times, dry times between coats, cleanliness between coats J) Coating Thickness - existing thickness, newly applied thickness (wet and dry), testing equipment used, frequency and location of measurements k) Appearance and Film Continuity - continuity and appearance (runs, sags, etc.) ENGINEER'S INSPECTION The Engineer or a designated coating inspector shall inspect all phases of the Work to verify that it is in accordance with the requirements of this Specification. The Contractor shall facilitate these inspections, as required, including allowing ample time for the inspections and access to the work. Inspections may include, but are not limited to, surface preparation, pre- painting cleanliness, paint application, dry film thickness, film appearance and continuity, and adhesion. The presence or activity of Engineer inspections in no way relieves the Contractor of the responsibility to comply with all provisions of this Section and to provide adequate inspections of its own. CITY OF ASPEN JAMES E. MOORE NATATORIUM ASPEN, CO. MAY 13, 2004 Page 21 of 22 3.11 ONE-YEAR ANNIVERSARY INSPECTION A one-year anniversary inspection will be conducted approximately twelve months after completion of the painting. Participate in this inspection with the Eng'neer. Repair, at no cost to the Owner, all locations where the coating exhibits disbonding, cracking, rusting, or other such defects. Perform all repairs in accordance with this Section and the coating manufacturer's written instructions. CITY OF ASPEN JAMES E. MOORE.NATATORIUM ASPEN, CO. MAY 13, 2004 Page 22 of 22 Facsimile Cover Sheet Date: July 12, 2004 To: Company: Phone: Fax: Rebecca Hodgson City of Aspen 970/920-5212 970/920-5 t 19 From: Company: Phone: Fax: Chuck'Whitehead Tecbno Coatings, Inc. 714/635-t130 714/635-6357 Pages Inc. Cover: 3 Subject: Painting the James E. Moore Pool Natatorium Message: See Attached Revisions iIII !1' I1'1 II · i1~ IO'd ,J,~if?9 C;gcJ !:;,I?, s:;.qNI ~Hnq nNN~q~ q?:ql: ~r2?-;~T.-'"INF.I.tll, 1.~.91 ALLE:C; .STRBET . ANAH~.IM. CALI["OI~NIA 9280~ . (71.,1.) ~:B:S-11~O · ~',~,X (7~/-,~.) July 12, 2004 THE CITY OY ASPEN 130 South Galena Street Aspen, CO 81611-1975 Subject: I)AINT REMOVAL AND REPAINTI~G' THE. CEILING JAMES E. 1V[OORE POOL NAT^'~'ORIUM--PROJECT 2004-041 Aspen, Colorado Techno Coatings, Inc. (TCI), an SSPC QP-1, QP-2 and QP-3 Certified Contractor (in business as' an industrial coatings .contractor for over 30 years), has visited the jobsite and proposes to furnish all supervision, labor, equipment, material, insurance and taxes necessary to remove the existing paint from the ceiling and trusses and repaint with an epoxy' system as follows: SCOPE OF WORK: We will have a scaffolding company build a platform (dande floor) over the two pool areas for Teehno Coating, Inc. to gain access to the ceiling and prevent abrasive and paint chips from getting into the pool water and on the decks. Three towers will be built over the deep pool area on top of the dance floor. 2, We will' cover the dance floor, and walls;, murals, windows, overhead doors~-'"lights, HVAC ductwork and sprinkler heads of the fire protection system. 3. Install a dust collection system to achieve negative air inside the building/work area. Abrasive blast the ceiling deck, roof trusses, including the steel stairway, riser's columns, and platforms of the slide and the steel co[unms supporting the roof, to an SSPC-SP10 "Near White" metal blast. (Addendum #1 -Deduct $6,220.00 to delete the stairway). 5. The spent abrasive and paint chips will be removed from the building and deck area and placed outside in dumpsters for disposal. 6. The galvanized ductwork will have the paint stripped and will be repainted. (Addendum #1 - Deduct $21,740.00 to delete the ductwork) We will use a paint slripper, not blasting media. 7. We Will apply a zinc-rich epoxy primer at 2 to 5 mils to the steel surfaces. S~N I J_~JOD ONHD3± THE CITY OF ASPEN July 1:2, :2004 Page 2 We will apply two .coats &epoxy at 3-5 mils each coat for a total dry film thickness 0£g-15 nails.. (Color by owner) We wiI[ use the Devoe Epoxy System, Catha-Coat 302H and two-coats of Devran 220. Galvanized steel will require the first coat of epoxy to be Devran 201 as described in Table 2. 9. Remove the protective plastic from the decks, walls, ducts, sprinkler pipe and l!ghting 10. The scaffolding will be left for the City of Aspen to install .sound barriers near the ceiling. · We have allowed one week. 1 I. The scaffolding will then be removed. 12. 'A final cleanup will be performed to complete the project. 13. Addendum #1 - Caulking is based upon 600 places or600 L/F. Additional Caulking will 'be onT&M. SCHEDULE: We will need 90 calendar days to complete the work (three (3) months) or less. we anticipate performing the work immediately after Labor Day, 2004, PRIC1NQ: Scaffolding, and deck Paint removal and recoatiag including caulking and duct~ TOTAL LUMP SUM: $100,000.00 $350,000.00 $450,000.00 Four hundred and fn~ thousand dollars Note: We are currently sandblasting and recoating the Red Cliff, Colorado Bridge, State Highway 24, under the Colorado Department of Transportation spe~ificationq. THE Cla'¥ o~ July 12, 2004 Page 3 The on.site supervisor will be a working foreman, not a superintendent. We will cover the water with plastic/vlsqueen and will not use dehumidification equipment. All overtime fees by KTA, if required, will be borne by the City. Inaccess~le areas will not be blasted or coated. Please make arrangements for your water pre-filter, to remove galvanized zinc coating, particula~ and flakes from the water before it enters your pumps, chlorinators, heaters, This zinc is from the galvanized scaffolding posts, bracing, beams, etc. We do not know that this is a problem, but the scaffold company does not want to be responsible for any unforeseen damage resulting from the galvanized material in the water. The water must be kept ~neutral" by you so the scaffOld material will not be damaged from chemicals. Thank you for the oppommity to 'submit the above proposal. Should you have any questions or require additional information, please feel free to contact me at your earliest convenience. Very Tmly Your~, Vice President CW/lk We'd Lq£9 ~£9 SDNI±dOD ONHD3± JUL-O?-2004 15:21 TECHNO COATINGS 714 63S 635? P.02/83 Aspen Recreation Center Pool Natatorium Painting Project 2004-04! Addendum #1 1. If~h¢ contractor works al0 hour days, 6 days a week, docs this affect the KTA inspector's charges? The City of Aspen allows consUuction activity'lAM to '/PM Monday through Saturday. As this project will be inside and exists within a commercial zoning, work may take place above and beyond those restrictions as long as no complaints are generated from neighbors or other building occupants. 2. What sort of down time is expected for inspections by KTA? Minimal - the inspector wilt be on site full time at key job pro,tess polms. Inspect/on will typically be brief.., ie. to ensure adequate surface preparation, coating coverage, etc. 3. Caulking It is of utmost importance ~o assure that alljoin~s and crevices are caulked to prevent future rust staining. All join~, crevices, stitch welds, laps, otc. shal[be Caulked. 4. Ambient Conditions Should it be decided that the water is to remain in the pool, consideration should be given to provide barriers or membranes to isolate the water form the surrounding environment. Additional consideration should be given to providing dehumidification in order to complete the work in a timely fashion while meeting the prescribed ambient conditions. 5. Our structural engineer has reservations about hanging heavy loads from thc bar joists. Minimal hzn~g may be allowed with structural analysis ~nd our approval. 6. Break out the slide stair costs? If costs to repair and repaint ~he slide stairs are significant we may look at a complete stair replacement. (This is iow probability). 7. Break out the ductwork costs? If costs to remove the p~int on the galvanized duct'work is significant, we may look at a complete ductwork replacemsnt. (This is iow l~'obability). Start date and completion date of project. The stm date is September 7, 2004. Ideally, we would like the work to be compiled by Thanksgiving, however w~ realize there is a possibility it may t~he longer, Bids must stat~ an estimate~t time frmme for completion, hIork will be completed' by November ,? TO: THRU: FROM: DATE: RE: VI b MEMORANDUM MAYOR AND COUNCIL KATHRYN KOCH, CITY CLERK REED PATTERSON, MUNICIPAL COURT CLERK JULY 20, 2004 RESOLUTION # 72, Series of 2004, LIMITED APPOINTMENT OF DEPUTY MUNICIPAL COURT JUDGE DISCUSSION: Municipal Court Judge Brooke Peterson recused himself from the municipal court case #5531 involving Joe DiSalvo. Deputy Municipal Court Judge Margaret Ann Porter is on vacation. Therefore, it is necessary to appoint a Deputy Municipal Court Judge for the limited purpose of handling the DiSalvo case. John Collins, who is the judge in Basalt, has agreed to serve in this capacity. City Council has the power to make such an appointment, pursuant to Section 7.2(b) of the Charter of the City of Aspen. FINANCIAL IMPLICATIONS: The Deputy Municipal Court Judge will be entitled to compensation. The compensation will be negotiated with the person appointed as the judge. This will not be a large expenditure and there is money budgeted to pay the deputy municipal jUdge, which will be used to pay Mr. Collins. RECOMMENDATION: Staff recommends the attached resolution be approved. PROPOSED MOTION: By adopting the consent calendar, Council approves the appointment of John Collins as a Deputy Municipal Court Judge for the limited purpose of handling the Joe DiSalvo case. RESOLUTION #72 Series of 2004 WHEREAS, John Collins is an attorney licensed in the State of Colorado) and practicing law in the Roaring Fork Valley, Colorado; and ' WHEREAS, the Municipal Court Judge has recused himself from a pending court case #5513 and John Collins has agreed to act as Deputy Municipal Judge for this court case only; and WHEREAS, the City Council has the power to make such an appointment, pursuant to Section 7.2(b) of the Charter of the City of Aspen; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That said John Collins be and hereby is appointed a Deputy Judge of the Municipal Court of the City of Aspen, Colorado, to preside over the court case of Joseph DiSalvo. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk d° certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 26, 2004. Kathryn S. Koch, City Clerk ]~[emoz-andum The ~ ~)r~lsuen et~ la~ne~ omee TO: Mayor and Members of Council FROM: John P. Worcester DATE: July 26, 2004 Resolution No. 2~-, Series of 2004, to initiate Annexation Proceedings for the Soldner/Burlingame Ranch Parcel. Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for the Soldner/Burlingame Ranch Property. This property was recently conveyed to the City by the Soldner family to facilitate the construction of the westerly access road to the Burlingame Ranch Affordable Housing Village. The City Manager, on behalf of the City of Aspen, filed an annexation petition with the City Clerk on July 20, 2004. This office and the Engineering Department have determined~that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12- 104 and 31-12-105, C.R.S~ Section 31-12-104 of the Colorado Revised Statutes requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality .... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality .... Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of'annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before,Council to determine compliance with Sections 31-12-104 and 31-12-105, C.R.S. as described above. (b) Underlying zoning needs to be established through P&Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to;~t Resolution No. r:~F'~, Series of 2004. CITY MANAGER S COMMENTS: cc: City Manager JPW- saved: 7/20/2004-484-G:\john\word\memos\soldner-burlingame-ann 1 .doc RESOLUTION NO. 5~--~ (Series of 2004) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "SOLDENR/BURLINGAME RANCH"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE 'COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF' ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on July 20, 2004, 'the City Manager on behalf of the City of Aspen, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-1'08 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 13 day of September, 2004, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. the INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on __ day of ., 2004. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed 'and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk JPW- saved: 7/20/2004-778-G:\john\word\resos\soldner-burlingame-annl-res.doc PETITION FOR ANNEXATION "Soldner/Burlingarne Ranch Annexation" WHEREAS, the City of Aspen is the owner of certain real property located in an unincorporated area of Pitkin County, Colorado, commonly referred to as the Soldner/Burlingame Ranch, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the City of Aspen desires to annex said real property to the City of Aspen. NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more particularly described below, to be known as "Soldner/Burlingame Ranch", and in support of said Petition, your petitioners allege that: 1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto and incorporated herein by reference be annexed to the City of Aspen, Colorado. 2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen, Colorado. 3. A community of interest exists between the territory proposed to be annexed and the City of Aspen, Colorado. 4. The territory proposed to be anneXed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The signatures on the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an annexation election. 7. No part of the territory to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established less than one year from the date'of this Petition. 8. The proposed annexation will not result in the detachment of area from any school district. 9. The mailing address of each signer, the legal description of the land owned by the signer as legal representative of the owner, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibit "A" and by this reference incorporated herein is an annexation map containing the'information required by Section 31-12-107(1)(d), C.R.S., 11. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. City Manager, City of Aspen 130 S. Galena Street Aspen, Colorado 8161 JPW- saved: 7/20/2004-439-G:\john\word\memos\solder-burlingame-petition.doe '.. 'AND' CAP~,L.$:' 2'7538 Annexc~tion / P~rcel I / 0.605 ocres / I / FOUND ,//5 REBAR ~ - ~ ~ AND CAP L,S. 201.82' ~ ~ / / / / / So/dner Propert~v FOUND //5 REt?AR X~ND CAP L,S. 279J6 FOUND ~5 F~£BAR AND CAP L.S. 27,9.36 TO: THROUGH: FROM: DATE: RE: MEMORANDUM Vid Mayor and City Council Randy Ready, Assistant City Manager , D. Krueger, Transportation Programs Managerz~ John July 18, 2004 Supplemental EOTC 2004 1/2% Transit Sales and Use Tax Budget- RFTA Efficiency Review SUMMARY: Attached for your review and approval is a resolution which, if approved, would authorize the expenditure of up to $65,000 for one-half of the cost of an efficiency review of RFTA operations if RFTA funds the other half. This resolution and the corresponding budget reflect the decision made bY the Elected OffiCials Transportation Committee (EOTC) at its June 2, 2004 meeting. PREVIOUS COUNCIL ACTION: Council approved the initial 2004 EOTC Budget in resolution form on February 9, 2004 at its regular meeting. This budget request is a supplemental request to the 2004 initial budget. BACKGROUND: At its June 2, 2004 meeting, the EOTC reviewed the proposed RFTA Long Term Financing Plan. The financing plan proposal included an additional equivalent of.2% of the EOTC fund to be dedicated to RFTA over the long term, existing RFTA members would increase their sales tax contributions by .2% and that Garfield County and any new members joining RFTA would contribute .4% of their sales taxes. The EOTC approved supporting the RFTA long term financing plan going to the voters in the fall. The EOTC also approved funding half (not to exceed $65,000) of the cost of an Efficiency Review of RFTA and its operations by a consultant. DISCUSSION: The RFTA staff'has issued a RFP for consulting services to conduct the Efficiency Review of RFTA. Proposals are due by July 20th and a Notice to Proceed will be issued by August 8th. The contract will require the Efficiency Review to be completed in 60 days (approximately mid- October). City Staff will participate in the consultant selection process. This 2004 EOTC supplemental budget request will go through the existing EOTC budget approval process of seeking approval from each EOTC member at its regularly scheduled meeting. FINANCIAL IMPLICATIONS: There are no direct financial implications for the City of Aspen. The funding for this request will come from the EOTC controlled ~A cent transit sales and use tax. C:\Home\E.O.T.CXJuly 1, 2004\04EOTC AspenB.doc RECOMMENDATION: Staff.recommends approval of resolution ~for the 2004 EOTC supplemental budget request for half of the cost (not to exceed $65,000) to be contributed toward the RFTA Efficiency ReView. ALTERNATIVES: City Council could not approve the resolution for the EOTC approved RFTA funding request of half of the cost (not to exceed $65,000) for the RFTA Efficiency Review. If City Council did not approve the resolution, the funding request would be not approved by the EOTC as a whole as it takes approval by all of the three EOTC member entities for a funding request to be officially approved. PROPOSED MOTION: I move to approve Resolution #~]~ in favor of the 2004 EOTC supplemental budget request of half the cost (not to exceed $65,000) to be Contributed to the RFTA Efficiency Review. C:XHome\E.O.T.C\July 1, 2004\04EOTC AspenB. doc RESOLUTION NO. SERIES OF 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLEMENTAL 2004 BUDGET FOR THE PITKIN COUNTy 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County-wide one- half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on June 2, 2004, the Parties considered and approved the expenditure of up to $65,000 for one-half of the cost of an efficiency review of RFTA operations; and WHEREAS, the City of Aspen wishes to ratify the approval given at the July 26~ 2004 meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the following supplemental 2004 one-half cent transit sales and use tax expenditure budget is hereby approvedl RFTA Efficiency Study (1/2 of the cost, not to exceed) $65,000 RESOLVED, APPROVED, AND ADOPTED this 26 day of July, by the City Council for the Cky of Aspen, Colorado. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held C:\Home\E.O.T.CUuly 1, 2004\04EOTC AspenB.doc Kathryn S. Koch, City Clerk TO: THRU: FROM: RE: DATE: MEMORANDUM Mayor Klanderud and Aspen City Council Julie Ann Woods, Community Development Director Amy Guthrie, Historic Preservation Officer 308 Park Avenue- Historic Landmark Lot Split, First Reading of Ordinance Series of 2004- PUBLIC HEARING July 26, 2004 SUMMARY: The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures as a Rustic Style cabin built in 1949. The property owner requests approval for one of the important preservation benefits that has been adopted by Council; a. Historic Landmark Lot Split. Staff f'mds that this application for Historic Landmark Lot Split meets all of the relevant review standards and recommends approval. HPC recommended approval by a 4-0 vote, taken on July 14th. APPLICANT: Tim Mooney, owner, represented by Alan Richman Planning Services and A1 Beyer Design. PARCEL ID: 2737-181-30-047. ADDRESS: 308 Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9,10,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the Riverside Addition, City and Townsite of Aspen ZONING: R-6. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4). Additionally, Section 26.470.070(C) provides for a GMQS exemption by the Community Development Director. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose o£ the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parce! which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; and Staff Finding: The property is not parr of a subdivision. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for~which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: This proposal will create one 4,803 square foot lot, which will be developed with a new home in the future, and one 3,010 square foot lot, which will contain the .historic cabin. Both lots will exceed the minimum 3,000 square foot lot size established for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that affordable housing mitigation will not be required for properties created through a historic landmark lot split. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100. 040(C)(1)(a); and Staff Finding: The land has not received a subdivision exemption or lot split exemption. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. Recordation. The subdivision exemption agreement and plat shah be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: The existing cabin is to be relocated onto one of the new lots and preserved as part of the project. Maximum potential buildout for the two (2) parcels created by a lot split shah not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The parcel currently contains a single family home. The proposal will add one new homesite. No more than two units in total can be created as part of this redevelopment. 26.480.030(A)(4)~ SUBDIVISIONEXEMPTIONS~ HISTOmC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thOusand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 7,813 square feet and is located in the R-6 Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The maximum floor area for the original parcel, containing a historical landmark in an R-6 zone, is 3,493 square feet. The applicant has been awarded a 500 square foot FAR bonus from HPC for an outstanding preservation project. The total FAR is to be allocated as follows: 2,493 square feet to the North Lot, which will be vacant for the time being, and 1,500 square feet to the South Lot, which contains the historic cabin. This plan to allocate little additional FAR to the landmark building is exactly the intent of the lot split program. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be added to the maximum FAR allowed on the original parcel. Staff Finding: Setback variances have been awarded by HPC for the parcel that will contain the cabin, but not for the vacant new lot. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 308 Park Avenue. RECOMMENDED MOTION: "I move to approve Ordinance No~, Series of 2004, for a Historic Landmark Lot Split at 308 Park Avenue on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance No.~, Series of 2004 A. Application ORDINANCE NO. o~ (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 308 PARK AVENUE, ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-181-30-047 WHEREAS, the subject property is 308 Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9,10,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the Riverside Addition, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received an application from Tim Mooney, owner, represented by Alan Richman Planning Services and Al' Beyer Design, for a Historic Landmark Lot Split for said property; and, WHEREAS, pursuant to Sections 26.415.110, 26.470.070(C), and 26.480.030(A)(2) and (4) of the Municipal Code, the City Council may approve a Historic Landmark Lot Split Subdivision Exemption during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Historic Preservation Commission (hereinafter HPC) and Community Development Director; and WHEREAS, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on July 14, 2004 HPC approved Resolution No. 22, Series of 2004, by a four to one (4-0) vote, recommending that City Council approve the request for a Historic Landmark Lot Split; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the HPC and the Community Development Director and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant Historic Designation and a Historic Landmark Lot Split Subdivision Exemption for 308 Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9,10,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the Riverside Addition, City and Townsite of Aspen, Pitkin County, Colorado with the following conditions: A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; I. INTRODUCTION This is an application for an Historic Landmark Lot Split for 308 Park Avenue in Aspen. The property is legally described as follows: Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9, 10, 11, and the Northerly 15 feet of the Westerly 1/2 (one-half) of Lot 12, Block 2 of Riverside Addition. The property consists of approximately 7,813 sq. ft. of land and is zoned R-6. This application is being submitted by Mr. Timothy Mooney, (hereinafter, "the applicant"), the owner of the property. Proof of the ownership of the property is prOVided by Exhibit #1, the commitment for title insurance. Authorization for Alan Richman Planning Services and Al Beyer Design to represent the owner for this application is provided by Exhibit #2. The applicant proposes that the property be split into two lots. The North Lot would be approximately 4,803 sq. ft. in size, while the South Lot would be approximately 3,010 sq. ft. in size. A subdivision plat illustrating the proposed location of the new lot lines accompanies this application. The location of this property in relation to neighboring properties is depicted on the vicinity map. It shows that the site is located on Park Avenue, just horth of Hopkins Avenue. The property is surrounded primarily by other single-family residential uses and some multi- family buildings. This area is relatively densely developed with a mix of older houses and re-developing properties. An improvement survey depicting existing conditions on the property has also been provided. It shows that the property is improved with a log house that is located approximately in the center of the property. The survey also shows the locations of the significant trees that are found on the property. The survey also indicates that Regent Street runs through the center of the property. This situation was addressed in a letter from JOhn Kelly} representing the applicant, to John Worcester, City Attorney (see Exhibit #3). In that letter, Mr. Kelly demonstrates that this portion of Regent Street was never expressly dedicated to the public, has never existed on the grOund, and is part of thi~ property because it was obtained by a prior owner through a quiet title action. Mr. Worcester wrote a memo t° AmY gUthrie responding to this letter (see Exhibit #4) in which he concludes that the property is properly titled in Mr. Mooney and the City has no legal interest in this portion of Regent Street. Therefore,' the entire area of the property is eligible to be included in this application for develOpment purposes. Application for Historic Landmark Lot SPlit for 308 Park Avenue Page 1 The existing house on the property is listed on Aspen's Inventory of Historic Landmark Sites and Structures. A. copy of the Architectural Inventory Form describing the historic resources on this property is attached as Exhibit #5. The inventory form originally stated that the cabin was a late victorian-era structure, built in the 1880's or 1890's. However, further analysis demonstrated that the cabin was actually constructed in 1949, and is therefore an example of rustic architecture that is associated with the period when skiing emerged as an important recreational actMty in Aspen. A pre-application conference was held with a representative of the Community Development Department on April 13, 2004 to discuss this project (see Exhibit #6, Pre-Application Conference Summary). A follow-up work session was held with the HPC on April 28. Based on these meetings, it was confirmed that the following review procedures are required to accomplish this project: Major Development Review by HPC, for an addition to the existing cabin; Relocation of the cabin to the new 3,010 sq. ft. lot; Variances to the front, rear, and side yard setbacks of the lot on which the historic cabin is proposed to be located; Floor Area Bonus of 500 sq. ft. for an exceptional historic project; Residential Design Standards Review, for an addition to an existing residence; Subdivision Exemption to split the property into two lots; GMQS Exemption to obtain the right to build a residence on the newly created lot; and Vested Rights status for the project. Following below are the applicant's responses to the applicable standards of the Aspen Land Use Code for each of these review procedures. Application for Historic Landmark Lot Split for 308 Park Avenue Page 2 V. SUBDIVISION EXEMPTION FOR'LOT SPLIT Section 26.480.030 A.2 of the Aspen Land Use Code provides the opportunity for an applicant to split a parcel of land into two separate lots via an exemption from subdivision. To obtain the subdivision exemption, the applicant must comply with the following standards: a. The land is not located bz a subdivision approved by either the PitIdn County Board of Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Response: The subject property is not located in a subdivision approved by the City or the County and has not previously been subdMded. The Riverside Addition was platted long before 1969. No more than two (2) lots are created by the lot 'split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.470.070 (B). Response: As shown on the attached subdivision exemption plat, the applicant proposes to create two (2) lots with this lot split. Both lots will be conforming-sized lots in the R-6 zone district, which has a minimum lot size of 3,000 sq. ft. per unit for two detached residences when the property contains an Historic Landmark. Section 26.470.070 B. of the Land Use Code provides a GMQS exemption to develop one or two detached residences or a duplex on a pre-existing lot of record. It requires the applicant to provide an accessory dwelling unit, or pay the applicable affordable housing impact fee, or' record a resident-occupancy deed restriction for the single-family dwelling. However, according to Section 26.420.B.6.e., "Accessory dwelling units or cash in lieu fees shall not be required on properties where a "Historic Landmark Lot Split" is approved after March 31, 2002". Therefore, these lots are exempt from this requirement. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470. 040(C) (1) (a). Response: The lot has not previously been subject to a subdivision exemption or a lot split. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitla'n County Clerk and Recorder after approval, indicating that no further subdivision may be grante~d for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26. 470. Application for Historic Landmark Lot Split for 308 Park Avenue Page 11 Response: A proposed subdivision plat, conforming to the requirements of the Land Use Code, has been submitted with this application. The applicant will work w/th the City staff during the review of this application to perfect this plat before it is recorded. The plat contains the required note. regarding further subdivision and growth allocations. The subdivision exemption agreement and plat shall be recorded in the office of the Pitla'n County Clerk and Recorder. Failure on the part of the applicant to record the plat within, one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City of Aspen will be required for a showing of good cause. Response: The applicant will record the plat and any necessary agreement within the specified time frame. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Response: The applicant acknowledges this standard, Demolition of the existing historic landmark is NOT planned to occur. Maximum potential buiMout for the two parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home.~ Response: The applicant proposes to have two units on the property, consisting of a single- family home on each lot. Application for Historic Landmark Lot Split for 308 Park Avenue Page 12 VI. HISTORIC LOT SPLIT SUBDMSION EXEMPTION. Section 26.480.030 A.4 of the Land Use Code establishes the specific requirements for a Historic Landmark Lot Split. The standards of. this section are as follows: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or 0 zone district. Response: The subject parcel is located in the R-6 zone district and contains approximately 7,813 square feet of land. The total FAR for both residences is established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Response: The note in the floor area table fOr the R-6 district zone states that the total allowable floor area for two detached residences on a lot of 6,000 to 9,000 sq. ft. is that Of one detached residence. The floor area for a detached residence on a 7,813 sq. ft. lot is 3,493 square feet. If the 500 sq. ft. floor area bonus is granted, then the total floor area for the lot would be 3,993 sq. ft.. ' The subdivision plat allocates this maximum allowable floor area to the two lots. The plat states that the north lot is receiving 2,493 sq. ft. of floor area, while the south lot is receiving 1,500 sq. ft. of floor area. These allocations reflect the floor area per lot that counts as floor area, calculated pursuant to Section 26.575.020 of the Land Use Code. Any areas that the Code exempts from floor area calculations would be available to these lots as additional floor area above and beyond these specified allocations. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a), (b), and (c) are only permitted on the parcel that will contain a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Response: The proposed lot split will create two conforming sized parcels. As is discussed in detail in Section III, above, the applicant is .requesting setback variances for the parcel on which the historic structure will be located. Application for Historic Landmark Lot Split for 308 i~ark Avenue Page 13 VII. GMQS EXEMPTION FOR HISTORIC LANDMARK LOT SPLIT Section 26.470.070 C. of the Land Use Code provides a GMQS exemption for the development of a single-family dwelling on a lot created through the Historic Landmark Lot Split process. The applicant agrees to comply with the requirements for this GMQS exemption. However, as is further described above, the development of the house on the new lot is exempt from the standard requirement to either build an Accessory Dwelling Unit or pay the applicable Affordable Housing Fee. VIH. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. IX. CONCLUSION The applicant has submitted all of the requested materials and responded to all applicable standards of the Aspen Land Use Code pursuant to direction given during pre-application meetings with staff and during the HPC work session. Sufficient evidence has been provided to demonstrate the project's compliance w/th said-standards. The applicant will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Application for Historic Landmark Lot Split for 308 Park Avenue Page 14 EXItIBIT #7 Land Use Application PROJECT: THE CITY OF ASPEN (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED) ~"l'5"t \ $ ~ '3 o o tt ~t APPLICANT: · Fax#: E-mail: REPRESENTATIVE: Name: TYPE OF APPLICATION: (,please ct~eek all that apply): Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Mai or Historic Development -Conceptual Historic Development -Final Historic 'Development -Substantial Amendment [-~ Relocation (temporary, on or off-site) [--1 Demolition (total demolition) [~ Historic Landmark Ld't Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description ofprop0sed buildings, uses, modifications, etc.) PARK ~VENUE HI STORIC LA'NE)MARK LOT SLiT T .~.N~D NOTES VICINITy MAP · '~E^ 30to ./- $0. FT. / / NORTH LOT \ \ \ \ / \ \ x~ t 1 1 / LEG Memorandum ~e ~ ei~ flueme¥*s TO: FROM: DATE: RE: Mayor and Members of Council John P. Worcester July 26, 2004 West Hopkins (Little Ajax) Property Annexation - Ordinance No.~', Series of 2004 - First Reading. Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the West Hopkins Property (Little Ajax) to the City of Aspen. This matter is before you for First Reading of the ordinance. The West Hopkins property is located adjacent to the City limits on West Hopkins Street at the base of Shadow Mountain. The property consists of approximately 46,590 sq. ft. and is 32.6% contiguous to the City boundary. The petition for annexation was filed with the City Clerk on February 27. 2003. On March 10, 2003, City Council adopted a resolution finding substantial compliance with Section 31-12- 107(1), C.R.S. A public hearing was held on April 14, 2003, at which time Council determined that the proposed annexation was in compliance with §§ 31-12-104 and 31-12-105, C.R.S. A pre-annexation agreement was approved by City Council and executed on March 23, 2004. City staff will be presem at the public hearing at the second reading of the ordinance to answer any questions you might have on the proposed annexation and potential impacts the annexation will have on City operations. The decision to annex property to the City is a legislative act and is emirely within your discretionary powers. You may annex, or not, for any reason, or no reason at all. ACTION REQUIRED: Approval of Ordinance No. /0~o, Series of 2004, on Second Reading. City Manager' s Comments : ~,~ -~_~ ~ "~'~ ~ CC: City Manager Community Development Director JPW- saved: 5/20/2003-275-G:\2ohn\word\memos\west-hopkins-ar~l.doc ORDINANCE NO. (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "WEST HOPKINS ANNEXATION." WHEREAS, on February 27, 2003, one-hundred percent (100%) of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS,. the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred' percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexatiOn; and WHEREAS, the City Council, by resolution (Number 23, Series of 2004) at its regular meeting on March 10, 2003, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S:; and WHEREAS, the City Council, by resolution (Number 34, Series of 2004) at its iegular meeting on April 14, 2003, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, petitioner and the City of Aspen have entered into that certain Pre- annexation Agreement dated March 23, 2004, recorded in the Pitkin County Clerk and Recorders Office as 'Reception No. 496217; and WHEREAS, the City Council does hereby fred and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "West Hopkins Annexation", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the in the City Council Chambers, Aspen City Hall, Aspen, Colorado. day of ,2004, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the __ day of ,2004. ATTEST: Helen Kalin Klandemd, Mayor Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ,2004. ATTEST: Helen Kalin Klandemd, Mayor Kathryn S. Koch, City Clerk JPW-7/15/2004-G:\john\word\ords\west-hopkins.doc TO: THRU: FROM: RE: MEMORANDUM VII Mayor Klanderud and Aspen City Council John Worcester, City Attorney Julie Ann Woods, Community Development Director Chris Bendon, Senior Long Range Planner0~/~ RMF and RMFA Zone District Amendments First Reading of Ordinance No. ~.~,, Series of 2004 DATE: July 26, 2004 SUMMARY: - The proposed ordinance amends the Residential Multi-Family (RMF) and the Residential Multi-Family A (RMFA) Zone Districts consistent with City Council direction during work sessions on multi-family development within the City. This Ordinance promotes in-town, high-density residential development in areas with existing high-density development and with the infrastructure to accommodate additional development. The City's RMF zones are within walking distance of the region's greatest concentration of employment, transportation, and recreational amenities. This resource should be leveraged to house a greater percentage of residents and not be used for high-end single-family housing - the current favored land use. Additional development in the RMF zone can be supported by existing infrastructure and would not be considered "sprawl." Allowing a combination of affordable and free-market housing promotes the community's affordable housing goals. The Ordinance only addresses the zoning portion of Council's direction on this topic. Other elements of Council direction addressing the percentage of affordable housing a new multi-family project must contain and the required Category designation for the affordable portion of a development are both part of amendmems to the City GMQS code to be presented at a later date. The existing and proposed dimensions are summarized in Exhibit B. The proposal lowers the permitted floor area for single-family and duplex development in' these two zones while increasing the development rights for multi-family development. The proposal would permit dimensions for multi-family projects similar to the dimensions of Benedict Commons and 7th and Main affordable .housing projects. Staff recommends adoption of Ordinance No.~, Series of 2004, upon first reading. -- STAFF REcOMMENDATIoN: Staff recommends adoption of Ordinance No.~__~, Series of 2004, upon first reading. RECOMMENDED MOTION: "I move to approve Ordinance No.~__~eries of 2004, upon first re ' " admg. ATTACHMENTS: A - Staff Comments B - Zoning Dimensions Comparison C - Council Work Session Summary ORDINANCE N0.& (SEINES OF 2oo4T- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO SECTION 26.710.090 OF THE CITY OF ASPEN LAND USE CODE - RESIDENTIAL MULTI-FAMILY (RMF) ZONE D/STRICT AND SECTION 26.710.100 OF THE CITY OF ASPEN LAND USE CODE - RESIDENTIAL MULTI-FAMILY A (RMFA) ZONE DISTRICT. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Director of the Community Development Department to propose amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and, WHEREAS, the purpose of the Infill Program is to implement action items identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability Committee (a ,joint project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum concluded in September, 2002) that call for: intensification of land uses within the traditional townsite. · focusing of growth towards already developed areas and away from undeveloped areas surrounding the city. development of mixed affordable and free-market residential projects. · development of affordable housing in locations supported by the "Interim Aspen Area Housing Plm~ Guidelines" (incorporated as part of the 2000 AACP). · balance between the community and the resort aspects of Aspen. · sustainability of the local social and economic conditions. · The creation of a development environment in which private sector motivation is leveraged to address community goals; and, WHEREAS, the amendments herein relate to the following Sections of the Land Use Code, Title 26 of the Aspen Municipal Code: 26.710.090 - Residential Multi-Family (RMF) Zone District page 2 26.710.100 --: Residential Multi-Family A (RMFA) Zone District page 4; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Ordinance No. Series of 2004. Page 1 Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September 17, 2002, continued to September 24, 2002, continued to October 1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002, continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17, 2002, took and considered public testimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections of the Land Use Code; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public conmaent at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1.'. Section 26.710.090, Residential Multi-Family (RMF)Zone District, which section regulates development within the Residential Multi-Family Zone District, shall read as follows: 26.710.090 Residential Multi-Family (RMF). A. Purpose. The purpose of the Residential Multi-Family (RMF) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family (RMF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. Ordinance No. Series of 2004.-- Page 2 FamilyB' Permitted(RMF) zoneUSeS'district:The following uses are permitted as of right in the Residential Multi- 1. Detached residential dwelling. 2: Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7. Dormitory. 8. 26.520. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family (RMF) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Arts, Cultural, and Civic Uses. 2. Academic Uses. 3. Recreational Uses. 4. GrQup home. 5. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family (RMF) zone district: 1. ~Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area er dwellin unit s uare eet .' a.3Detached,000. residential dwelling: 4,500. For Historic Landmark properties: b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement: d. Bed and breakfast, boardinghouse: No requirement. 3. ~Minimum lot width (feet.).'_ 60. For Historic Landmark properties: 30. 4. Minimum front pard setback (feeOd a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 5. _Minimum side pard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 6. Minimum rear~ a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. Ordinance No. Series of 2004.-- Page 3 7. _Maximu~ density) (feet) . a. Detached residential and Duplex dwellings: Same as R6 zone district. b.area:MUlti'FamilY25. - parcel density less than one unit per 1,500 square feet of lot c. Mu/ti-Family _ parcel density equal to or greater than one unit per 1 500 square feet of lot area: 32. , 8. Minimum distance between buildin s on the lot eet .' a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030, 10. Floor Area Ratio TAR a lies to each e o use accordin to densi a_p~lies c°n-'ormin~ and noncon.-ormin: lots o' recordl : to a. Detached residential and Duplex dwellings: 80% of the allowable floor area of a same-sized lot located in the R6 zone district. (See R6 Zone District.) Extinguishment of Historic TDRs shall not permit additional Floor Area for detached residential dwelling units or duplex dwelling units. b.area:MUlti-FamilY. 75.1. -parcel density of less than one unit per 1,500 square feet of lot c. Multi-Family _ parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25:1. d.feetMUlti-FamilYoflot area:- 1.5:1.parcel density equal to or greater than one unit per 750 square Section 2: Section 26.710.100, Residential Multi-Family A (RMFA) Zone District, which section regulates development within the Residential Multi-Family A District, shall read as follows: 26.710.100 Residential Multi-Family A (RMFA). A. Purpose. The purpose of the Residential Multi-Family A (RMFA) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Residential Multi-Family A (RMFA) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the City, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. FamilyB' PermittedA (RMFA)USeS'zone district:The following uses are permitted as of right in the Residential Multi- 1. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4. Multi-family dwellings. 5. Home occupations. Ordinance No. Series of 2004. Page 4 6. Accessory buildings and uses. 7. Dormitory. 8. 26.520. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 9. For historic landmark properties: bed and breakfast, and boardinghouse. C. Conditional uses. The following uses are permitted as conditional uses in the Residential Multi-Family A (RMFA) zone district, subject to the standards and procedures established in Chapter 26.425: 2. 3. 4. 5. Arts, Cultural, and Civic Uses. Academic Uses. Recreational Uses. Group home. Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Residential Multi-Family A (RMFA) zone district: 1. Minimum lot size (square feeO: 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot areaper dwelling unit (square feeO: a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. _Minimum lot width (feeO: 60. For Historic Landmark properties: 30 4. _Minimum l?ont yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 5..Minimum side pard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 6...Minimum rear lard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district b. Multi-Family: 5. 7. Maximum height (according to densitv)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family - parcel density less than one unit per 1,500 square feet of lot area: 25. c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. Minimum distance between buildin- s on the lot 'eeL: Ordinance No. Series of 2004. Page 5 a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: No requirement. (Building and fire codes may apply.) 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio FAR a lies to each e o use accordin to densi a lies to con--'ormin- and noncon:ormin lots o recordi : a. Detached residential and Duplex dwellings: 80% of the allowable floor area of a same-sized lot located in the R6 zone district. (See R6 Zone District.) Extinguishment of Historic TDRs shall not permit additional Floor Area for detached residential dwelling units or duplex dwelling units. b. Multi-Family- parcel density of less than one unit per 1,500 square feet of lot area: .75:1. c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25:1. d. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5:1. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on the Ordinance shall be held on the 23~d day of August, 2004, at 5:00 p.m. in the City Council Chmnbers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of July, 2004. Attest: Ordinance No. Series of 2004. Page 6 Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this Attest: day of _, 2004. Kathryn S. Koch, City Clerk Approved as to form: Helen K. Klanderud, Mayor City Attorney Ordinance No. Series of 2004. Page 7 STAFF COMMENTS: Text Amendment Exhibit A RMF & RMFA Amendments Section 26.310. 040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendments are to encourage the development of higher intensity development in areas that can support such intensity with existing infrastructure. This promotes a general planning goal of maximizing the efficiency of existing public infrastructure and also providing development intensity in areas where automobile use can be minimized. No aspect of the proposed code amendment is in conflict with other portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the RMF and RMFA zones are supported by the AACP. There are many references to providing multi-family housing within the townsite and within walking distance of daily needs. These code amendments are also expected to encourage mixed-income housing projects promoting a healthy social fabric and a balance between the resort and the community. Preserving a "critical mass" of local working residents and providing housing opportunities within walking distance of everyday needs are both important community goals. Encouraging low intensity residential development within the townsite and in these zone districts is counter productive and places additional burden on the public housing authority. These amendments are proposed to reverse this trend and encourage efficient use of these zones. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. .Staff Finding: This amendment does not affect the location of the RMF and RMFA zones. These areas of town continue to be appropriate locations for high intensity residential development consistent with existing neighborhood characteristics. Staff believes this criterion is met. staff comments - RMF RMFA. page 1 D. The effect of the proposed amendment on traffic generation and road safety. .Staff Finding.. The proposed Program encourages a "critical mass" of residents upvalley and within walking or transit distance to land uses frequently accessed such as employment, recreation, shopping, etc. Encouraging more residential, and especially affordable residential, opportunities within Aspen will likely create more traffic on local streets. This needs to be weighed with the effects of not providing, or providing fewer, housing opportunities within Aspen. Staff does not believe the amendments represent any safety issues on local roads. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. ' Staff F~ The amendments intentionally encourage greater use of existing infrastructure by focusing development into areas that are already served as opposed to areas to which new infrastructure must be extended. The amount of potential development is not expected to unduly burden or overcapacitate existing infrastructure. Also, impact mitigation requirements for some of these public systems ensure their continued capability. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Findin~ Increased local housing opportunities will allow for greater utilization of existing and planned infrastructure improvements. This may have less of a negative effect on the environment than development in areas where infrastructure does not already exist. Generally, staff believes this Ordinance will not encourage adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding.. Characteristic of traditional towns, and important to Aspen as expressed in the Community Plan, is a "critical mass" of residents and an interspersed social layering. The interspersed and mixed-income nature of these developments will promote this goal. Staff believes the amendments are consistent and compatible with the community character. staff comments - RMF RMFA. page 2 H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff FindinK.' The proposed mnendment is not specific to one parcel. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for integrated affordable housing opportunities within established neighborhoods. The community has favored infill opportunities over large- scale greenfield solutions to affordable housing. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes the permanent community by emphasizing on-site employee housing opportunities for working residents and reducing the dependence on the automobile by providing housing near employment and recreation centers. Fewer long-distance commuter trips represents good enviromnental policy and providing incentives for high quality living units promotes healthy living conditions. staff comments - RMF RMFA. page 3 ~D 0 ASPEN CITY C '0'U1VCIL WORK SESSION MEETING NOTES MEETING DATE: AGENDA TOPIC: PRESENTED BY: COUNCIL MEMBERS PRESENT: Jpne 7, 2004 Multi-Family Housing - work session Chris Bendon Helen, Terry, Tim, Rachel, & Torre SUMMARY OF DISCUSSION: The purpose of the"~rneeting was to review multi-family development obstacles from the infil! code amendments proposal. Staff's memo outlined a series of questions needing resolution prior to proceeding to code amendment hearings. Following are the key questions and how each was resolved: 1) Should the City pursue a minimum affordable FAR requirement for multi-family development? Yes. Council looked at several financial ce. io o . o dab e m - m.ms .d es g..tions. *hese were based on financial pro formas developed by staff and reviewed with Councilman Semrau and Marry Schlumberger, a local developer. Council agreed to pursue a minimum project affordable FAR of 30% with a Category 4 designation. ~. ~. 2) Larger Category 4 units Vs. smaller Category 3 units? "~'If a minimum FAR scenario is pursued, which of the last two scenarios is preferred~' Larger Category 4 units were preferred. ' 3) Should staff pursue a provision in the 70/30 program permitting a 3- unit project (1 free-market, 1 RO, and 1 Category) and a 6-unit project (2, 2, and 2)? All other scenarios would require the standard 70/30 percentages. Council agreed to pursue both the 1-1-1 and 2-2-2 provisions. 4) Should a "quality incentive" concept be pursued as an element of GMQS? Council generally agreed that a quality incentive should be incorporated into the revisions. Rachel suggested a "vitality" standard that would warrant a lessening of the AH requirement. Examples included traditional lodging, and downtown development that fits with the surrounding context. Staff will broaden the requirements for this and include a recommendation in the code revisions. 5) Does Council remain interested in providing dimensional incentives schedule appropriate? Yes. This was discussed and a height of 32 feet was generally agreed upon for higher density projects with 25 feet for low density projects. A height of 34 feet was briefly discussed relative to an FAR limit on single-family development. This can be further refined during public hearings and does not require a follow-up work session. 6) Require TDRs and or Special Review related to height? No. Council reiterated a reluctance require TDRs for RMF development. 7) If the single-family profit margin is duplicated with a multi-family development (GMQS section), should the FAR schedule for a single- family residence be lowered? Council tentatively agreed to lower the FAR schedule f°r single-family development in this zone. An 80% FAR was generally agreed to. 90% and 85% were also discussed as potentials, possibly combined with a slight increase in the permitted height for multi- family development. Next Steps: Staff will bring code amendments forward for the RMF and RMFA districts. This will incorporate zoning changes (height, FARs, setbacks) for multi-family and the FAR reduction for single-family. This can happen soon and staff expects an amendment to be ready for first reading by the end of July. The minimum affordable FAR and Category requirements are part of GMQS and will come forward with that section late also part of GMQS and will come forward 1o*~ ~',-- ' . . r. The "quality incentive" item is part'ofGMQS and will come forward later. ,.[,.l. xnc provision for 1-1-1 and 2-2-2 projects are 2