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CITY COUNCIL AGENDA March 10, 2008 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances a) Outstanding Employee Bonus Award b) Commuter All Star Awards c) Proclamation -Aspen History Month d) Proclamation -Shining Stars IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) Animal Shelter Appointment Adam Goldsmith b) Resolution #16, 2008 - 2008 Supplemental Budget - EOTC c) Resolution #17, 2008 -Support Neighborhood Electric Vehicle Legislation d) Resolution #18, 2008 -Support for HB 1141 Water Sustainability e) Resolution #19, 2008 -Contract -Wheeler Lobby Drapes f) Special Event Requests -Aspen Ski Company Spring Jam g) Resolution #21, 2008 -Approval New Finance Direction h) Resolution #22, 2008 -authorizing finance Director To Execute Transactions i) Minutes -February 25, March 3, 2008 VII. First Reading of Ordinances a) Ordinance #5, 2008 -Adoption of Housing Guidelines P.H. 3/10 b) Ordinance #6, 2008 -Establishment of TDRs' - 827 Dean St P.H. 4/14 VIII. Public Hearings a) Ordinance #2, 2008 -Establishment of TDRs - 627 W. Main b) Resolution #20, 2008 -Temporary Use -Ambulance Storage at Aspen Valley Hospital IX. Action Items X. Executive Session XI. Adjournment Next Regular Meeting March 24, 2008 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. Yt,~z~ Friends for Preserving Aspen's Core and Character ~(I ~6 ~©~ P.O. Box 958 v V Aspen, CO 81612 March 7. 2008 Dear Friends and Neighbors: Do you know that much of the redevelopment in Aspen does not follow the Aspen Area Community Plan? It does conform to the chazacter of many of Aspen's neighborhoods. Although, this development meets Staff's assessment of the present "infill code" in height and mass, we feel that in fact it is destroying our neighborhoods and Aspen's small scale and chazacter. To that end, we have formalized ourselves as "Friends for Preserving Aspen's Core and Chazacter." We intend to work with City Council to make changes in the city code to protect Aspen's small scale and chazacter through responsible growth, a return to former height limitations of 28' to 30'(to a peak of a roof in appropriate neighborhoods), and protection of the following pedestrian amenities :open space, patios, front and side setbacks, and preservation of mountain views. We feel that the 19`s Century historic buildings in the core should "stand alone" as historic structures, rather than serve as examples of boxy designs and height expectations of 42' feet for all new development to follow within Aspen's core and surrounding neighborhoods. For now, we need to know if you support our cause. We hope to have a lazger force to work on city code changes to protect the core. Sincerely, Residents of Aspen and Concerued Citizens: N AME PHYSICAL ADDRESS TEL # or Email 1. Lani White 0650 North Spruce 948-9464 2 Martha Madsen 608 West Hopkins 925-3095 3. Jun Jenkins P.O Box J 925-6346 4. Jane Jenkins 0269 Heather Lane 925-6346 5. Lucie Dekiou 523 West Francis 303-591-2558 6. Michael Behrendt 334 West Hyman 9925-3220 7. Nila White 827 Dean 925-9464 8. Larry Rosenfield 1119 Vine St. 920-6813 9. Joyce Murray 1422 Buttermilk 925-2634 10. Walt Madden 218 North Monarch 925-2691 11. Oskaz Oskicic 205 West Bleeker #10 390- 3868 12. George Madsen 931 West Francis 925-6310 13 Heather Vicenzi 324 Midland Ave #202 hvicenzi~u hotmail.com 14. Olive Siegesmund 1024 East Hopkins 925-7898 I5. Connie Madsen 931 West Francis 92506310 16. Christie Kienast 406 W. Smuggler 925-8921 17. Jordan Gerberg 312 W. Hyman 9253393 18. Susan Whitney 605 E. Main St. 9253530 19. Jennine Hough 421 West Hallam St. 544-8049 20. Patti Seifert 819 East Hyman 925-6292 21. Walt Madden 218 North Monarch 925- 2691 22. Kent Reed 1023 Vine St. 319-6867 23. Adam Walton 635 East Hopkins 925-8643 24. Ellen Holste 0111 Big Pinon Dr. 925-9091 25. Tom Peckham 107 Aspen Mt. Rd. #7 925-6027 26. Bazbaza Martell 702 East Hyman 925-5799 27. Betty Buckley 320 Midland Ave. #303 925-6674 28. Peggy Rowland 0059 Shady Lane 925-3253 29. Martha Meagher 115 William Rod Dr. 9257512 30. Patricia Hill 600 Meadow Dr. 925-2001 31. Martin Horowitz 1 I 1 Williams Ranch Dr. 309-8000 32. Joanie Lebach 1322 Vine St. 544-1031 33. Nasser Sadeghi 600 Meadow Dr. 925-2001 3 34. Patrick Sagal 229 Cottonwood Lane 379-7297 35. Shazon Rice 630 East. Cooper 920-6960 36. Martin Horowitz 111 Williams Rance. 309-8000 37. Roine St. Andre 0059 Shady Lane 925-3253 38. Bemazd Phillipps 311 S. Aspen flvin cg ello u~comcast.net 39 Nahum Amiran 550 South Riverside Dr. 925-3095 40. Robin Wittlin 434 East Main St. Apt. 101 920 4598 41. Tom Curtis 1020 East Durant #202 925-1680 42. Janet Guthrie 1525 Silverking Dr. janeta~uthrie(a~cs.com 43. Patty Simpson 116 Maple Lane 920-4254 44. Fred Martell 702 East Hyman 925-579945. 45. Bob Baum 700 East Hyman 925-3907 46. Allen Brooks 1129 Vine Street Aspen 1-310-367-9091 47. Betje Cazlson 414 East Hyman Suite #402 925-2691 48. Brace Cazlson 415 East Hyman 925-2691 49. Joyce Murray 1422 Buttermilk Rd. 925-2634 50. Sean Gooding 620 East Hyman Ave. 618-5347 51. David Egglestone 0042Midland 274-9756 52. Katie Buster 639 Hunter Creek Rd. 920-3630 53. Elaine Baum 700 East Hyman 925-3907 54. Merbie Payne 325 Glen Eagle Dr. 925-9183 55. Tom Payne 325 Glen Eagle Dr. 925-9183 56. Ken Lazson 1316 Vine Street 920-5465 57. Ray Koenig 19 East Lupine Dr. 925 2883 58 Mazcia Corbin 1211 East Hopkins 925-5214 59. Leelee StegeC 830 Cemetazy Lane 925- 2761 60. Morty Gurrentz 0770 Willoughby Way 925-7969 61. Steve Goldenberg 430 West Hopkins steveCcr~goldenber .com 62. Bill Sharp 595 Cemetary Lane 925-6005 63. Pat Sharp 595 Cemetary Lane 925-6005 64. Susan Horsey 107 South 7u Steet 920-7819 65. Maggie Dewolf 233 West Bleeker 925-6448 66. Naomi Uhlfelder 633 North Fourth St. 925-7065 67. Elizabeth Fazson 155 Lone Pine Rd 925-3708 68. Colleen Bunows 518 Spruce St. 925-9525 69. Bill Weiner 499 North Spring 9256043 70. Art Burrows 518 Spruce St. 925-9525 71. Dr. Phyllis Bronson 134 West Hopkins Ave. 925-4562 72. Jesse Boyce 134 West Hopkins Ave 544-9916 73. Su Lrrm 1020 East Cooper 925-7839 74. Cheryl Goldenberg 430 West Hopkins 379-9778 75. Jeff Finesilver 117 Maple Lane 92508430 76. Chazles Collins 531 West Gillespie 925-3183 77. Dr. Jack Crandall 630 East Hyman Ave. gesinecrandallCi~comcast net 78. Janice Collins 531 West Gillespie 925-3183 79. Kristine Crandall 1213 Catherine Court Cazbondade 963-5936 80. Gesine Crandall 630 East Hyman Ave. eesinecrandall(a,comcast net 81. Judy Wrigley 9328 Lupine Drive 925-3018 82. Don Wrigley 0328 Lupine Drive 925- 2710 83. Dwight Shelhnan 0191 Woods Road 925-2710 84. Janee Kirk 0059 Mangifico 925-8536 fi ~3; it jtirl~KS `13'? Sm"951er 'j4$'a~$'3 11~ a.. m THE CITY OF ASPEN Ron Christian Electric Line Technician 130 S. Galena Street Aspen, CO 81611 Deaz Ron, Congratulations! It is my pleasure to inform you that you have been selected to receive a City of Aspen Outstanding Employee Award for the first quarter of 2008. Please plan to attend the March l0a' City Council meeting to formally receive your awazd. You are receiving this award in recognition of your exceptional efforts on behalf of the electric department to acquire along-term supply of antique streetlight globes that represents an exceptional value to the City and its residents. The City's system of streetlights, maintained by the Electric Department, contain an extensive number of antique style fixtures that are continually in need of refurbishment and repair. One of the most comrpon problems is the need to replace the antique style glass streetlight globes, which aze subject to breakage. Because these aze special order fixtures that specifically match the original globes, they are come at a high cost of $303 each. In a typical year, more than 10 of these globes will be broken while in service and require replacement. _ You were able to locate and secure along-term supply of these globes_ at a cost of only $10 per globe, thanks to establishing a working relationship with the City of Durango. You found that Durango_was changing out its streetlight fixtures and had 155 surplus globes that they were willing to sell at a savings to Aspen of approximately $295 per globe. The expected savings of this long-term supply is approximately $3000 annually over the next 15 yeazs. Because of your efforts to locate these globes, negotiate a favorable price, and arrange for delivery and long-term storage of the globes, Aspen residents and visitors can look forward to continuing enjoyment of the antique style street lights for years to come without paying the high price typically associated with difficult to find parts. Again, congratulations and thank you for your efforts on behalf of Aspen residents and visitors. The City of Aspen is proud to recognize you with this outstanding employee bonus award. Phil Overeynder Public Works Director v~a- MEMORANDUM TO: Mayor and City council FROM: Kathryn Koch, City Clerk DATE: March 3, 2008 RE: Animal Shelter Board Appointment Attached is an application from Adam Goldsmith to be a member of the Aspen/Pitkin County Animal Shelter Advisory Board. In the past, Council has affirmed membership on recommendation from the Animal Shelter Board. This application comes with the recommendation of the Board. The Bylaws of the Aspen/Pitkin County Animal Shelter Advisory Board (attached), Section 3 Qualification, states, "Each Member and Alternate Member shall be a resident of Pitkin County. Each Member and Alternate Member appointed by the City shall be a resident of the City. No Member shall be a member of the Board of County Commissioners, the City Council, or an employee of the City, County or the Animal Shelter Operator (except the non-voting member). Members shall be selected from the animal welfare community and the community at large. The City and County shall provide notice to the ASCC or its successor organization prior to making any appointment to allow for recommendations from ASCC or its successor." Board Functions are found in Section 1 Functions, and include review of the operating budget and report to the city and recommend acity/county capital improvement and replacement budget. If Council approves the consent calendar, Adam Goldsmith will be appointed to the Animal Shelter Board to replace Gary Sherman. Attachments Cc: Marie Baker CITY OF ASPEN APPOINTMENT APPLICATION STREET ADDRESS ~ _~ one MAILING ADDRESS flsC O ~I , DP~~ co RI c~ la HOME PHONE W K P NE CELL PHONE l/J l - c~,`~i/O E-MAIL A'TJAm c ~Sm, m~ ~y wry-, BOARD OR CO MISSION FOR WHICH APPLICATION IS MADE: •* + + Plan mg & oning Commission Board of Adjustment ~~lt~~"Gt~ Board of Examiners 8 Appeal +*• Historic Preservation Commission Wheeler Board of Directors Commercial Core 8 Lodging + Roaring Fork Transit Agency + Housing Authority + Liquor License Authority Child Care Advisory Committee + Open Space Advisory Board '* HISTORIC PRESERVATION COMMISSION OR P 8 Z APPLICANTS, PLEASE ATTACH A BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON: 1.) Aspen Area Community Plan - on which aspects you may agree or disagree 2.) Growth in Aspen and the Aspen Area 3.) AffordableNousing + CITY RESIDENCY RE4UIREMENT IS 1 YEAR ' 1~,~,~-_ IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMErNT ~nY~~'`~ " "~'~.j EMPLOYMENT PREVIOUS TWO YEARS: ~~ ~ F-~~~U~ STREET ADDRESS PREVIOUS TWO YEARS: ~~ D rI " I ~,°,~rn PITKIN COUNT v~ ~~ ~~ ~71 Di o'~ ~~~~~ ha~~ ~~ BYLAWS OF THE ASPENlPITKIN COUNTY ~iNlIWIAL SEiEl;I1sE~ ADVISORY BOARD Adopted / ~Sf'0 S~ Q~ Approved byPitkinCountyResolution /~~"~D5 n- ApprovedbyAspenCityCounci] f7,'MI-~S(dM Ix5~4~Y/NC 1~1. qG -~.~oG ARTICLE I Name Sec[iou 1. Name. The name of this joint City of Aspen (the City) and Pitkin County (the County) citizen board shall be the Aspen/Pitkin County Animal Sfielfe Advisory Board (the Board). ARTICLE II Purpose and Policy Section 1. Purpose. The purpose of the Board is to make recommendations to the Aspen City Council and the Pitkin County Board of County Commissioners on policies for the operation ofthe Aspen/Pitkin County Slnimal Sh"dlt~ (the Shelter), including, but not limited to, the formulation andimplementation of operating guidelines for the Shelter, policies and procedures for the Shelter, annual operating budget for the Shelter, appropriate reviews, and a capita] improvements and maintenance program for [he Shelter. Section 2. Poltey The policy of the Boazd is to: a) Assure that the Shelter operates as a no-kill facility. b) Assure that all animals in the Shelter are neutered and vaccinated before adoption. c) Assure that the Shelter Operator complies with the terms and conditions of the Lease between the Operator and the City and County. d) Assure that the welfare of the animals in the Shelter is always paramount. 3 Section 3. Additional Policies. The Boazd may from time to time adopt additional policies to guide the activities ofthe Boazd. a..+. ARTICLE III Responsibilitles Section 1. Planctions. The Board shall: a) Review operating procedures for the Shelter and assure compliance with Board policy and the Shelter Lease Policies and Procedures Manual (Exhibit B to the Shelter Lease). b) Consult with the Aspen/Pitlun Animal Shelter Capital Campaign, a Colorado not-for- profitcorporation (ASCC). c) Assure that neither the City nor the County pays any fees of any kind for animals the City or County deposits in the Shelter. d) Annually review the Shelter operating budget and report to City and County. e) Recommend aCity/County capital improvements and replacement budget for the Shelter. f) Inspect the Shelter and its records as needed to determine compliance with Boazd policy. Article IV Membership Section 1. Number and Manner of Aooointments The Boazd shall consist of five (5) "-~ Members (hereinafter referred to as "Members'7, and two (2) Alternates, as well as one non-voting member, serving staggered terms to be appointed as follows: a. Two Members and one Altemate shall be appointed by the Board of County Commissioners. b. Two Members and one Alternate shall be appointed by the City Council. c: One Member shall be appointed jointly by the Boazd of County Commissioners and the City Council. d. The non-voting member shall be appointed by the Shelter Operator. Section 2. Term. The terms of each Member, Altemate Member and non-voting member following the initial term shall be for a period of three years. Notwithstanding the terms set forth herein, Members, Altemate Members, and the non-voting member shall continue to serve as Members until such time as a successor has been appointed. Section 3. Qualifications. Each Member and Altemate Member shall be a resident of Pitkin County. Each Member and Altemate Member appointed by the City shall be a resident of the City. No Member shall be a member of the Board of County Commissioners, the City Council, or an employee of the City, County, or the Animal Sheller Operator (except the non-voting member). Members shall be selected from the animal welfaze community and the community at lazge. The City and County shall provide notice to the ASCC or its successor organization prior to making any appointment to allow for recommendations 3 from ASCC or its successor. These qualifications do not apply to the non-voting member. .... Section 4. Compensation. Each Member shall serve without pay. Section 5. Removal. Members (including Alternates) appointed by the City Council maybe removed at the sole discretion of the City Council. Members (including Alternates) appointed by the County Commissioners may be removed for violation of the County Standazd of Conduct. The jointly appointed Member may be removed at the sole discretion of the City Council or by the County Commissioners for violation of the County Standazd of Conduct. Upon the removal of a Member or Alternate Member, a replacement shall be appointed by the respective governmental entity(ies) that originally appointed the Member for the unexpired term of the removed Member or Alternate Member. The Chair shall request the governmental entity (ties) that originally appointed the Member to remove a Member who is absent from more than one-third of the regularly scheduled meetings within a calendaz yeaz. (In the case of extenuating circumstances, the Boazd may choose to make an exception to this rule). The non-voting member may be removed at the discretion of the Shelter Operator. ARTICLE V Officers Section 1. Officers. The officers of the Boazd shall be a Chair and Vice-Chair, and may include such other officers as the Boazd may from time to time appoint. The Chair and Vice-Chair shall be selected from the members of the Boazd. Section 2. Elections and Term of Office. The Chair and Vice-Chair shall be appointed by the Board at its first regulaz meeting. Subject to earlier termination, each officer shall hold office for up to two years and until his/her successor shall have been duly appointed. A member appointed to the office of chair or vice-chair shall have the option of declining the office. Any other officers shall be appointed by the Boazd at any meeting and will serve at the pleasure of the Boazd. Section 3. Vacancies. Should the office of the Chair or Vice-Chair become vacant, the Board shall appoint the successor at a regulaz or special meeting of the Boazd, and such appointment shall be for the unexpired portion of the term. Section 4. Duties. (1) Chair. The Chair shall preside at all meetings of the Board and shall perfomr alI duties usually incident to the office of Chair and such other duties as may be assigned to him/her from time to time by the Board. The Chair shall sign any resolutions, procedures and policies approved by the Board. Y (2) Vice Chair. 1n the absence or disability of the Chair, the Vice Chair shall have all powers of and shall be subject to all restrictions upon the Chan. The Vice Chair shall perform 4w such other duties as shall from time to time be assigned by the Board. ARTICLE VI Meetings Section 1. Re¢ala~r_Mee4ngs. Regulaz meetings shall be held quarterly on the 4'" Thursday of the 3 month of each quarter, provided that the Boatel may from time to time resolve not to hold a regulaz meeting or to hold the meeting on a different day or time other than the regulazly scheduled day or time, or to hold additional regulaz meetings. Section 2. Special Meetings. A special meeting maybe called at any time by the chairperson or by written request of two members of the Boazd. A minimum notice of twenty-four hours is required, unless said notice is waived with a written agreement of a quorum of Board members or by all members in attendance. Section 3. Order of BnsIness. At regulaz meetings of the Boazd, the following shall be the recommended order of business: ~' 1. Rol] call 2. Boazd comments 3. Staff comments-City, County, Shelter 4. Public comment 5. Reading and approval of minutes of last meeting 6. Old business 7. New business 8. Adjourn Section 4. Votine. Voting shall be either by voice or roll call vote. A roll call vote shall be conducted upon the request of a member of the Boazd or at the discretion of the presiding officer. Any action requiring a vote shall be decided by a simple majority. An Alternate Member shall be allowed to vote only in the absence of a regulaz Member. Section 5. norum. A majority of members of the Boazd shall be necessary to constitute a quonun for the transaction of business. Section 6. Parliamentary Procedure The rules contained in Robert's Rules of Order shall govern the Board in all cases to which they aze applicable and in which they are not inconsistent with these Bylaws and the Charter. MEMORANDUM TO: Mayor and City Council THROUGH: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportation DATE OF MEMO: February 27, 2008 MEETING DATE: March 10, 2008 Vlb RE: Supplemental EOTC 20081/2% Transit Sales and Use Tax Budget - Free Aspen -Snowmass Bus Service and Analysis Additional Bus Lane Funding REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget which, if approved, would authorize the following supplemental 2008 Elected Officials Transportation Committee (EOTC) 1/2 cent transit sales and use tax budget: Free Aspen -Snowmass Bus Service and Analysis $117,000 Additional Bus Lane Funding 480,000 See the attached 2008 budget and multi-year plan. PREVIOUS COUNCIL ACTION: This resolution and the corresponding supplemental budget reflect the decisions made by the Elected Officials Transportation Committee (EOTC) at its February 14, 2008 meeting. City Council as a member of the EOTC approves the EOTC annual budget each yeaz and any additional funding requests as they are presented. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the Supplemental Budget by resolution. Each other member of the EOTC is also required to approve the Supplemental Budget by resolution or ordinance before the budget can be considered adopted. DISCUSSION: The EOTC at its meeting on February 14, 2008 approved of adding $480,000 to the $8 million budget carried over from 2007 for construction of the 1.2 mile section of bus lanes from Buttermilk to the Maroon Creek Roundabout. The increase was needed to cover the successful project bid which exceeded the estimated construction cost by that amount. The EOTC also approved a funding request in the amount of $117,000 to implement, study, and analyze free bus service between Snowmass and Aspen. The funding request included $10,000 in consulting fees for data collection and analysis, $102,000 for the implementation of free service during the 2008 summer and fall seasons, and $5,000 for marketing. C:\Documen[s and Settings\kathrynk\Local Settings\Temporary Interne[ Piles\OLK7C\08POTC Aspen B.doc FINANCIALBUDGET IMPLICATIONS: There are no financial implications to the City as these are EOTC 1/2% Transit Sales and Use Tax funds and not City funds. ENVIRONMENTAL IMPACTS: Free RFTA bus service from Aspen to Snowmass may entice more riders to use the service and as a result may remove more vehicles off the road between Aspen and Snowmass thereby reducing traffic congestion and reducing environmental impacts to the area. RECOMMENDED ACTION: Council approval of the attached resolution to approve the supplemental 2008 EOTC 1/2% Transit Sales and Use Tax Budget. ALTERNATIVES: Council can decide not to approve the supplementa12008 EOTC Budget and send it back to the EOTC for further discussion and approval. PROPOSED MOTION: "I move to approve Resolution # _(~ to approve the supplemental 2008 EOTC Budget." ATTACHMENTS: Resolution No. ~, 2008 EOTC Budget and Multi-Year Plan C\Documents and Settings\ka[hrynk\Local Settings\Temporary Internet Files\OLK"/C\08EOTC Aspen B.doc RESOLUTION NO. ~~ SERIES OF 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLEMENTAL 2008 BUDGET FOR THE PffKIN 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 February 14, 2008, the Parties considered and approved the following supplemental budget requests for the year 2008 for the Pitkin County one-half cent transit sales and use tax: a. an additional $480,000 for construction of bus lanes between Buttermilk and the Aspen roundabout; b. $117,000 to implement, study, and analyze free bus service between Snowmass and Aspen for the 2008 summer and fall seasons; and WHEREAS, the City of Aspen wishes to ratify the approval of the supplemental budget requests by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the following supplemental 2008 one-half cent transit sales and use tax expenditure budget is hereby approved: Free Aspen -Snowmass Bus Service and Analysis $ 117,000 Additional Bus Lane Funding 480,000 RESOLVED, APPROVED, AND ADOPTED this 10th day of March, 2008, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 10, 2008. Kathryn S. Koch, City Clerk C:\Documeu[s and Settings\ka[htynk\Local Settings\Temporary Interne[ Files\OLK7C\08EOTC Aspen B.doc 0 W C m a lQ T I c~ L C (0 ~I m N '~nOn b O , N n m a`.d ySSS O >. m tp IU O t0 m O N C N PcO M M N O N O N W N N '??~~~ O h m d N "~ V (O C'I r O ~ ~~lD N l7 m M O IU Cl W r T'q l(l .o~ l0 .. Ar. 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'u+ ~ rn S °' 2 J~ L N G U N t N c a o w `o mo `m m `o 0 O C 'A - ~C O pE y U ~ N ~L ~~ y N ry~ O O Y E O d O~ C d 9 ~` U a c t a 'm 5 ~ 3 0~ o U m N~ rn R C N d n O d O y N_ J B ~~ ~'C N O a C U j N U C V ~ d N W OI U O y£ A a a O O Y O y rn N rn y CO y n '~ N p O Q C C p R V ~ n a y~c m E L o~ u- ~ rv ac o° U-~ n o y o J o~ ~~ u Z a E E a y C a R y a W O E g Oit O c~ ~~ °' a n o t o~° ac o N9 y1hV lO~ON~CO a o y ~w~m a.~arn ~=`o m o ly N tE L~ y > _ y E Y E c E i m> n L E~ o ~~ yNNLNd R6UV 6Y~ N C 0 y c 0, 0 0 y J a O ~ y ~ O V C~ L o~ h H ~'E c~ m'a ~°y 5 m 'c d E ~' w= o~~ a lI N~~ y _ C R y 0 R O m N rn y y rn y N L ~ o. c_ o~ `m v .- y y E E ~ ° ac - .E ~ v m IL- o H= y~ m w T~° m m y o~E d y `a y E_ y L X' m ~ 3o N m cN ~ _'c a`aQ r'xrn~U ~~y ~ r A IL N a U S N In O P N O 10 ~ f 0 MEMORANDUM TO: Mayor and City Council FROM: Rebecca Hodgson, Asst. to the City Manager THRU: Randy Ready, Asst. City Manager ~~~ DATE OF MEMO: February 25, 2008 MEETING DATE: March 10, 2008 RE: Joint Resolution with the Board of County Commissioners Requesting that the Colorado State Legislature Amend Section 42-4-111(1)(aa)(I), C.R.S. REQUEST OF COUNCIL: Sign a Resolution encouraging the Colorado State Legislature to amend Section 42-4-111(1)(aa)(I), C.R.S. to allow municipalities to license and register neighborhood electric vehicles within their jurisdiction. PREVIOUS COUNCIL ACTION AND BACKGROUND: In 1997, the General Assembly of the Colorado State Legislature amended the Colorado Uniform Motor Vehicle Law to permit local municipalities to authorize and regulate the operations of neighborhood electric vehicles (NEV) on streets within their boundaries. Municipalities were able to do this by ordinance or resolution of the governing body. The State Legislature adopted Section 42-4-I 11(1)(aa)(I), C.R.S. that prohibits local authorities from registering or licensing neighborhood vehicles. DISCUSSION: New technologies for NEV's have been developed over the years. The Colorado State law relating to NEVs is out of date and needs to be amended to bring it up to date with the new Federal Regulations governing Low Speed Vehicles that includes NEVs. The Colorado Uniform Vehicle Law was enacted prior to federal legislation designating a low speed motor vehicle category and the emergence of their popularity. Local municipalities are in the best position to regulate the operation ofNEVs within their boundaries and therefore should be able to license and register those vehicles for use within their jurisdictions. The resolution before Council and the BOCC encourages the Colorado State Legislature to update the current Uniform Motor Vehicle Law and permit local municipalities to license and register those vehicles in our jurisdiction. NEVs constitute a desirable new form of transportation for several reasons: they have a great safety record, provide freedom for aging drivers, are smaller is size and take up fewer parking Page 1 of 2 spaces than conventional vehicles, support the local economy by encouraging residents to shop locally, and are very affordable. FINANCIALBUDGET IMPACTS: None ENVIRONMENTAL IMPACTS: Neighborhood electric vehicles are a desirable form of transportation for several environmental reasons: they consume less than 1/5 of a conventional automobile, and have zero emissions resulting in better air quality. RECOMMENDED ACTION: Staff recommends Council sign the Resolution encouraging the Colorado Legislature to amend the Colorado Uniform Motor Vehicle Law to allow municipalities to license and register NEVs within their jurisdictions. ALTERNATIVES: Council could choose not to support changes to the state enabling legislation governing NEVs. CITY MANAGER Page 2 of 2 CITY OF ASPEN RESOLUTION NO. ~ Series of 2008 PITKIN COUNTY RESOLUTION NO. ,Series of 2008 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REQUESTING THAT THE COLORADO STATE LEGISLATURE AMEND SECTION 42-4- 111(1)(aa)(I), C.R.S., TO AUTHORIZE LOCAL AUTHORITIES TO LICENSE AND REGISTER NEIGHBORHOOD ELECTRIC VEHICLES WITHIN THEIR JURISDICTIONS. WHEREAS, the General Assembly of the Colorado State Legislature amended the Colorado Uniform Motor Vehicle Law, effective August 7, 1997, to permit local municipalities to authorize and regulate the operations of neighborhood electric vehicles on streets and highways within their boundaries by resolution or ordinance of the governing body; and WHEREAS, Section 42-4-111(1)(aa)(I), C.R.S., as adopted by the State Legislature prohibits local authorities from registering or licensing neighborhood electric vehicles; and WHEREAS, the City Council of the City of Aspen and the Board of County Commissioners of Pitkin County desire to promote the use and operation of neighborhood electric vehicles (NEVs) within the corporate limits of the City of Aspen as they constitute a desirable new form of transportation for many reasons: • NEVs have a great safety record. • NEVs are zero emission electric vehicles. • NEVs improve air quality. • The energy consumption of an NEV is less than 1/5 that of a conventional automobile. • NEVs provide freedom and continued mobility for aging and impaired drivers. • NEVs are affordable. • NEVs support the local economy by encouraging residents to shop locally. • NEVs encourage use of existing public transportation. and, WHEREAS, the City Council of the City of Aspen and the Boazd of County Commissioners of Pitkin County have determined that the use and operation of neighborhood electric vehicles on streets and highways within the corporate limits of the City of Aspen would be beneficial and in the best interests of the City of Aspen; and WHEREAS, new technologies have been developed for the manufacture of neighborhood electric vehicles in recent years and Colorado State law relating to neighborhood electric vehicles is out of date and in need of amendment in order to bring it up to date with new Federal Regulations governing Low Speed Vehicles including Neighborhood Electric Vehicles. The Colorado Uniform Motor Vehicle Law was enacted prior to federal legislation designating aloes-speed motor vehicle category and prior to the popular emergence of NEVs. The City Council and Boazd of County Commissioners are of the opinion that local authorities are in the best position to regulate the operation of neighborhood electric vehicles within their boundaries and should, therefore, be permitted to license and register those vehicles for use within their jurisdictions. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: Section One That the Colorado State Legislature is encouraged to update the current Uniform Motor Vehicle Law relating to the operation and regulation of neighborhood electric vehicles to encourage their use in Colorado municipalities that properly regulate their operation; and, specifically, to amend Section 42-4-111(1)(aa)(I) to read as follows: (I) Local authorities aze ~'' ~:~~~°:~'- ~'' ~~'~~-w~~a ~,~~'~~ .~'~:~,~° PERMITTED TO REGISTER NEIGHBORHOOD ELECTRIC VEHICLES TO OPERATE WITHIN THEIR JiJRISDICTIONS; PROVIDED, HOWEVER, THAT THE NEIGHBORHOOD ELECTRIC VEHICLES SO REGISTERED MEET ALL SAFETY AND EQUIPMENT STANDARDS FOR LOW SPEED VEHICLES AS DEFINED BY THE NATIONAL HIGHWAY SAFETY ADMINISTRATION (NHTSA), 49 CFR Sec. 571.500. Dated: 2007. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held , 2007. Kathryn S. Koch, City Clerk wa MEMORANDUM TO: Mayor and City Council FROM: Rebecca Hodgson, Asst. to the City Manager THRU: Randy Ready, Asst. City Manager DATE OF MEMO: February 25, 2008 MEETING DATE: March 10, 2008 RE: Resolution of Support for HB 1141 Regarding Documentation of the Adequacy of Water Supplies for New Development Projects REQUEST OF COUNCIL: Approve a Resolution of support for HB 1141 sponsored by Kathleen Curry regarding requiring documentation of the adequacy of water supplies for new development projects in the state. PREVIOUS COUNCIL ACTION: None BACKGROUND AND DISCUSSION: The Northwest Colorado Council of Governments' analysis of this bill is as follows: HB 08-1141 CONCERNING SUFFICIENT WATER SUPPLIES FOR LAND USE APPROVAL. Sponsors: REPRESENTATIVE Curry SENATOR Bacon Status.• House Appropriations Bill Summary: Requires a local government to make a determination as to whether an applicant for a real estate development permit for a development in excess of 50 single-family equivalents (or less as determined by a local government) has demonstrated that the proposed water supply is sufficient and sustainable (adequate) to serve "-° ~°^'~ a^~'°, ~~~~'"'°, ^~a °°^~'° water supply requirements of the proposed development. Requires the applicant to submit a report prepared by a registered professional engineer (or other) regarding the proposed development's water demand. Specifies the criteria pursuant to which the local government must determine Page 1 of 2 RESOLUTION # ~g (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, ENDORSING THE PROPOSED H.B. 1141 REGARDING DOCUMENTATION OF THE ADEQUACY OF WATER SUPPLIES FOR NEW DEVELOPMENT PROJECTS WHEREAS, proposed H.B 1141 will require development activities to document adequate sources of water supply for the life of the project; and WHEREAS, the City of Aspen has long supported this concept in its own development review activities and through its water policies; and WHEREAS, local governments implementing this legislation will have a degree of choice regarding the scale of development that will become subject to this legislation; and WHEREAS the State Engineer's Office has the technical resources to assist local governments in implementing the required review of development projects; and WHEREAS, future water shortages throughout the state of Colorado could result in economic damage and solutions requiring taxpayer support to solve problems that would be avoided through this review; NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT the City Council hereby supports the passage, adoption and implementation of H.B. 1141. INTRODUCED, READ AND ADOPTED by the city Council of the City of Aspen on this 10`~ Day of March, 2008. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk MEMORANDUM TO: Mayor Ireland and Council FROM : Gram Slaton, Wheeler Executive Director THRU: ACM Randy Ready DATE OF MEMO: 15 February 2008 MEETING DATE: 25 February 2008 RE: Purchase of Drapes for Wheeler Lobby vie SUMMARY: Approval is requested for the purchase of drapes for the second floor Wheeler lobby, which would significantly aid Wheeler staff s efforts to conserve energy year-round through heat and cooling leakage as well as finish the Victorian look of the room. PREVIOUS COUNCIL ACTION: None. BACKGROUND: None, other than inclusion of a line for this purchase in the 2008 Wheeler Asset Management Plan budget. DISCUSSION: The Wheeler Opera House is an 1889 building that was constructed long before consideration was given to energy efficiency. Even during the 1984 renovation, what consideration was given for more effective regulation of passive solaz energy emanating through the fully-exposed south face of the second floor was quickly dismissed, in part thanks to the low cost of energy at that time. With the City of Aspen having adopted the Canary Initiative and a generally heightened sense of limiting generation of greenhouse gases (GHG), and with the heating and cooling leakage that is expected from an historic structure that maintains its Victorian features, Wheeler staff in 2007 began investigating the possibility of drapes for the building's second-floor lobby, which would be used as a heating/cooling cloak during non-use times. [Public usage times would see the drapes pulled back and the southern views to Aspen Mountain exposed.] Wheeler staff believes that drapes for the second-floor lobby will significantly affect the kinds of heating and cooling loss that the building experiences for this large public space, and thereby very positively affect Wheeler efforts to limit its GHG generation. A second benefit would be to finally complete the "look" of the lobby in a manner consistent with Victorian design, making the room warmer and psychologically friendlier to patrons and user groups. FINANCIAL IMPLICATIONS: Wheeler staff budgeted $35,000 for this item as part of its 2008 AMP plan. The lowest responsible bid for this work, start to finish, has come in at $40,000. The balance can be paid through departmental savings. ENVIRONMENTAL IMPLICATIONS: While it is impossible to predict the positive impact that drapes will provide to the Wheeler's utility usage, based on the amount of air penetration that is regularly experienced from these windows it is safe to say that the Wheeler can conservatively expect sauings in excess of $2,000 or more per annum. RECOMMENDATION: Wheeler staff and Boazd recommend approval of this purchase. ALTERNATIVES: Wheeler staff has investigated the possibility of replacing the windows; however, staff has encountered strong resistance from Historic Preservation Commission at the possibility of doing so. Wheeler staff could continue to leave the window interiors exposed as they are now and as they have been since at least 1984. PROPOSED MOTION: !~ !`iTV_MANA!_Ti A !'l1MMTiNTC• ,l' ~rw~,.,•,~n~._Y G~/L /XYlfy?rP ~ ° LUJ Attachments: A -Bid Proposal and Design RESOLUTION # / / (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND CRYSTAL RIVER STUDIO, LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING MAKING AND INSTALLING DRAPERIES IN THE WHEELER OPERA HOUSE 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 Crystal River Studio, LLC, 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 Crystal River Studio, LLC regarding making and installing draperies in the Wheeler Opera House, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 10, 2008. Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Crystal River Studio, LLC ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" and Exhibit "B" attached hereto, and by this reference incorporated herein. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than June 30, 2008. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $40,000.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incon~ect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extern of the subeonUact. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, PS1-971.doc Page 1 drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agrcement shall become the property of the City. Notwithstanding the above, Professional shall not be relieval of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the enact amount of damages due the City from the Professional may be determined. Covenant Against Contingent Pees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that slhe has not paid or agrced to pay any company or person, other than a bona fide employee, any fce, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. Independem Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be conshued as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agem, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested orily in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to tbe employees, agents or servants of Professional, Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shalt indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which anises out of any workmen's compensation claim of any employce of the Professional or of arty employee of any subcontractor of tbe Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or PS1-971.doc Page 2 damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such i„~,„A„ce shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Tn the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status maybe substituted for the Workers' Compensation requiremerrts of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00)earh occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contrnctual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Atuomobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this conhact PSI-971.doc Page 3 (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($I,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in fiill force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this cottract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall consfitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (~ City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 er seq., C.R.S, as from time to time amended, or otherwise available to City, its officers, or its employees. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIILSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIItSA policies and manual are kept at the City of Aspen Fimance Department and are available to Professional for inspeeflon during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIItSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIItSA. PS1-971.doc Page 4 Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Notice. Any written notices as called for herein may be hand delivered to the respective personsand/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Crystal River Studio LLC 123 Village Lane Carbondale, CO 81623 Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and fozbearance or indulgence by the City in arty regard whatsoever shad not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performarrce by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. Execution of Agreement by City. This agreement shall be binding upon atl parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrnry contained herein, this e8reement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illeoal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Puroose. During the 2006 Colomdo legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work PSt-971.doc Page 5 under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract fot services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional PSI-971.doc Page 6 shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional. shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertajninro to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. PSI-971.doc Page 7 17. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties aclmowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WI~REOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be darned an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PSI-971.dce Pago 8 ATTESTED BY: WIT/~N^E,,,SS//EDBY:~~~~~ ~ ara CITY OF ASPEN, COLORADO: sy: Tide: Date: PROFESSIONAL: By: i~ Tide: G cx~ w s ~2 Date: U PS1-971.doc Page 9 EXH~IT "A" to Professional Services Agreement Crystal River Studio, LLC will famish material and perform the labor necessary to install draperies, swags, and jabots for 10 windows in the Theater Lobby of the Wheeler Opera House location at 320 East Hyman Avenue, Aspen, Colorado. All materials are guaranteed to be as specified on material work sheet (Exhibit A-1). All work performed wiA be in accordance with the submitted drawings and will meet or exceed industry standards for window treatment construction (Exhibit A-2). The completed custom window treatments will be delivered and installed no later than May 15, 2008. Fabric: 064010 Color: 640 Trim: 2.25" Braid: 021764 Color: LX07 warraanty All merchandise is subject to commercially acceptable dye lot variations as defined as industry standards. PS1-971.doc Page 10 ~xh~lo+-k ~ -~- cryscai River studio LLC 123 Village Iaue Carbondale, CO 81623 Bill To Wheeler Opera House 320 E. Hyman Aspen, CO 81611 Invoice Date Imroice # 1!31/2008 7766 P.O. Number Terms AxouM# Pro)ect 75%Orda/Balance at Install QuaMlly UMts pescriptlon Price Each Amount DRAPERI&S: 2x FULLNESS, HEAVY COTTON LINING, PINCH PLEAT, ON HEAVY DUTY TRAVERSINO.ROD. FABRIC: 064010 COLOR - 640 TRIM: 2.23" BRAID 021764 COLOR - LX07 36 widdls Fabrlax 51.00 1.836.00 143 yds Face Fabric 100.00 14,300.00 143 yaa Cotter Lining 23.00 3,573.00 ~ ydq Trim 35.0.0 1,995.00 57 yds Fabricate Trim on Lading Edge _ 22.00 1,254.00 Henry Duly Cord Draw Rod 1,838.92 1,838.92 Sulxoial 24,798.92 SWAG pABOT VALANCE: MOUNTED ON BOARD, HEAVY COTTON LININO. FABRIC: FRRAGAMO -COLOR -CHOCOLATE SIENNA 7RIM: 5.25" BULLION ON BOTTOM EDGE 44 swega Fabricate (includes Trim Labor on Bottom) 163.00 7,172.00 110 yda Face Fabric 27.98 3,077.80 110 yds Cotton Lining 25.00 2,750.00 66 yds Trim 26.00 1,716.00 s„ la,ns.so 32 medMs Installation 75.00 2,400.00 Subtotal $41,914.72 Tax {2.9%) 50.00 Total 541,914.72 Phone # 970-963-1717 Fax # 970-963-1122 Web Site cryatalriverstudio.com E- it a es crysta6~ersqu~ioggm~ J ~• C y Q: O r N W m A D O Q. ~. rn C'1 00 N w ro 0 w V r J by O W N s~~ ~ ~~~~ ~ R~ s g~ ,^ / s ~ ~ ~~ ~~ ~~~~ x~ ~~ ~~~ r ~_ ~"! O ~~2 x 0 (D .O l~ `y V 1": x T 6' -l- t Exhibit "B" to Profeasionai Services Agreement Rates Crystal River Studio LLC shall furnish materials and install draperies as specified in Exhibit A, for a total not to exceed $40,000.00. This price reflects a credit in the amount of $1,914.72 for project recognition posed in an obvious place not to distract from the decor for a period to be agreed upon by both parties. The City shall pay 75% down when the order is placed, and the balance on completion and acceptance of the work. Additional labor not related to Exhibit A, will be billed at a rate of $75.00 per hour. Changes to the original Scope of Work will becharged anon-refundable change order fee of $175. PS1-971.doc Page ZI vii MEMORANDUM TO: Mayor and Council FROM : Kathryn Koch, City Clerk DATE: February 29, 2008 RE: Spring Jam Core Party SUMMARY: Aspen Skiing Company has requested a special event permit for the Spring Jam Core Party for a Concert on the Cooper and Galena mall, Friday, March 21st - 8 to 11 p.m. This will be the fifth year of a Spring Jam Core Party in that location. The special event committee reviewed this application and recommends approval. The approvals requested from Council are: • approve or disapprove the request for noise to 11 p.m., which is beyond allowed time of 9 p.m. • the request to close Cooper and Galena at 4 p.m. DISCUSSION: The Special Event Committee met with the Skiing Company February 28`h to review this event. The applicants delivered letters to every business and residence fronting each venue. The letter for the Spring Jam concert is attached as it thoroughly outlines the event and related requests. The street closures will be the same as last year. Cooper and Galena streets will not be closed until 4 p.m. The first year the streets were closed for the entire day. There were requests from merchants asking the city not to approve street closures for the entire day. Staff and the applicants worked out a plan that allows the parking on Galena and Cooper Avenue to be left open until 4 p.m. on the 21st The Aspen Skiing Company will be responsible for signing the two blocks with fluorescent signs alerting people that the streets will be closed after 4 p.m. The Skiing Company will have volunteers circulating and letting people know they must move their car by 4 p.m. The Skiing Company will work with the parking and police departments to try and locate owners of any cars left in the venue. There will be no tows unless a vehicle is left in front of the stage area. This approach has worked well in the past 3 years. Section 18.04.050(a)(3) allowed noises states (3) Special Events or other events to which the public is invited with the following conditions: (a) The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are notified. Such notification must be in writing and be done seven (7) days prior to the starting time of the event; and (d) The arrangement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines. This event is open to the public and is free. The Special Event Committee reviewed the noise variance request and recommends Council approve. C. J. Oliver, environmental health department, requested a definitive schedule on sound checks. Council has final review authority on proposed concert because of the proposed hours until 11 p.m. and that it is located in the middle of the commercial core. FINANCIAL IMPLICATIONS: There maybe some overtime costs to both the police department and the parking department. The parking department will charge for parking spaces used by this event. RECOMMENDATION: Staff recommends Council support this event. The venue worked last year; it is open to the public. It is during Spring Jam and meets the Ski Company's goal of adding value to the guest's experience. It furthers the city's statement of focusing on Aspen, the world's premier resort community. ALTERNATIVES: The alternative is not to approve the concert. The Skiing Company states they "hope to continue creating exceptional spectator venues which establish Aspen/Snowmass as a cutting edge leader in resort activities". We did not discuss alternative locations. Attachments: Letter to adjacent properties re: Spring Jam concert Map of Spring Jam concert venue PROPOSED MOTION: If Council adopts the consent calendar, they are approving the Core Party Friday, March 2155 from 8 p.m. to 11 p.m. located at Cooper and Galena and also to allow Cooper and Galena to be closed after 4 p.m. MARCH 21-23, 28-31 & April 4-5, 2008 FEATURING CORE PARTY IN DOWNTOWN ASPEN FRIDAY MARCH 21 February 14, 2008 This year's Spring Jam is full of events that will make the Aspen experience a memorable one for all that are visiting town and for locals that have come to expect exceptional events from Aspen/Snowmass. The Core Parry is scheduled for Friday, March 21, on the corner of Cooper and Galena streets. The Core Party venue is located on City of Aspen property, which requires a special permit. ASC representatives will appear before the special events permit committee on tbd for permission to host the event. If you have any concerns regarding plans in the venue please contact either Kathryn Koch with the City of Aspen at 429-2685 or Event Manager Vanessa Anthes at 963-8567 and we will be happy to address your questions. If you are interested in learning more about the weekend's events, please visit www.aspensnowmass.com for a complete schedule. Friday, March 21 8:15 -11 pm Core Parry - `Core' defines genres and takes on a Spring Jam twist as the heart of downtown Aspen is transformed into a one-of-a-kind fete with live concert performances, dj's, art components and special effects. VENUE • The venue, located at the comer of Cooper and Galena streets (please see attached layout), a stage, lighting and sound systems, art exhibits TBD, decorations and sponsor banners/signage. • A 30' x 30' stage will be placed on the mall at the corner of Cooper and Galena streets. The stage deck will be about 4' high and there will be aload-bearing, roof at about 20' above the deck, and 24' off the ground. The stage will play north down Galena and east down Cooper. Two quiet generators will also be in this area along with various trucks, forklift, equipment etc. • Thursday, March 20 (8 am - 6 pm) set up to include forklift and generators etc. In addition, the City of Aspen will remove the light poles and garbage bins within the stage area and the light poles across the street. (llpm-2 am) placement of stage, lights. • Friday, March 21 (8 am - 7 pm) set up continues to include build out of lighting and sound, front of house tent, artist platforms, triangle towers, beer garden and video screen inflatable. See additional information below related to parking and street closures. • Friday, March 21 (8:15 pm - 11 pm) a sound system will be running. There may also be announcements earlier and a sound check will be conducted from 5:30 - 6:30 pm. • Friday, March 21 (11 pm- 12:30 am) teardown to include sound, beer garden and any street tents/platforms/structures. We will make best efforts to work with sun'ounding homeowners and lodges to keep loud noise to a minimum. • Saturday, March 22 (8am - 2 pm) teardown continues to include lighting, stage, trailer, forklift and generators. • Monday morning the generators forklift and any light plants will be picked up along with porta potties. • All sidewalks, with the exception of the front of the stage area, will remain open and safely accessible to the public throughout set-up/tear-down and the event. • Porta potties will be provided for public use. • An ALS ambulance will be on site for any medical issues. • There may be 1 - 2 Nissan trucks featuring video screens. • There will be a "Hollywood" Type searchlight in use at the venue. PARKING & STREET CLOSURES • Parking and streets will remain open until 4 pm on March 21, with the exception of 10 spots requested for event use from 8 am Friday, March 21 until Noon on Saturday, March 22. (see attached venue layout). The spots will be used for platforms for artists, lighting, and front of house mix location and some of them are already assigned for taxi use, so removing those spaces will not affect public parking. We will post signs clearly explaining the parking regulations. The public will be encouraged to continue with "business as usual" until 4 pm when the streets/parking are closed. • At 4 pm parking will be prohibited from the corners of Hyman & Galena to Cooper & Hunter. Bamcades will be staged at those corners to close the venue to through traffic. These traffic barricades will be removed when the venue is cleared by approximately 2 am. If any cars left in the venue that are affecting set-up at 4 pm, then they will be towed at the owner's expense, to a site determined by the City of Aspen. Any additional cars left in the venue will be towed at 7 pm prior to the event start. The parking plan/street closure plan was very successful last year with only a couple of cars towed. Business was conducted as usual throughout the day. SECURITY • Approximately 25 - 30 private paid security personnel will be on site to handle crowd control from 7:30 pm - Midnight. ALCOHOL • A beer garden will be located in the venue with appropriate security and fencing. Location is designated on the site map and management TBD. TRASH • BFI cardboard containers with liners will be placed throughout the venue approximately every 50 feet and paid labor will be hired to keep the venue clean during and after the event. Recycling bins will also be spread throughout the venue. The impact of our event on the homeowners and businesses surrounding these venues is of concern to us, so please do not hesitate to contact us if you have any questions or comments. Thank you for your support, Vanessa Anthes Event Director, Spring Jam 963-8567 MEMORANDUM TO: FROM: DATE OF MEMO MEETING DATE RE: Mayor and City Council Steve Barwick, City Manager March 5, 2008 March 10, 2008 V~aN Approval of City Manager's Appointment of a New Director of Finance and Authorization for Him to Execute Transactions REQUEST OF COUNCIL: Staff requests City Council to approve the City Manager's appointment of Donald Taylor as the Director of Finance and authorize him to execute transactions. DISCUSSION: Section 6.7 of the Home Rule Charter for the City of Aspen provides that the City has a Director of Finance that is appointed by the City Manager and approved by City Council. The City Manager has appointed Donald Taylor as the Director of Finance and requests Council to approve his appointment. Once appointment is approved, the Director of Finance has authority to execute transactions requests with respect to purchasing, selling, and endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafrer registered in the name of the City of Aspen. RECOMMENDED ACTION: Staff recommends Council's approval of Donald Taylor as the Director of Finance and authorization for him to execute transactions. CITY MANAGER COMMENTS: ATTACHMENTS: Page 1 of I RESOLUTION NO. ZI (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING THE CITY MANAGER'S APPOINTMENT OF DONALD TAYLOR AS DIRECTOR OF FINANCE. WHEREAS, Section 6.7 of the Home Rule Charter for the City of Aspen provides that the City shall have a Director of Finance who shall be appointed by the City Manager with the approval of the City Council and who shall serve at the pleasure of the City Manager; and WHEREAS, the City Council wishes to endorse and approve the appointment of Donald Taylor to the position of Director of Finance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the appointment of Donald Taylor as Director of Finance for the City of Aspen shall be and is hereby approved, with congratulations. RESOLVED, APPROVED AND ADOPTED this 10`h day of March 2008, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 10, 2008. Kathryn S. Koch, City Clerk RESOLUTION NO. `~ (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AUTHORIZING DONALD TAYLOR, THE FINANCE DIRECTOR TO EXECUTE TRANSACTIONS REQUESTS WITH RESPECT TO PURCHASING, SELLING, ENDORSING FOR TRANSFER, AND ASSIGNING CERTIFICATES REPRESENTING BONDS AND OTHER SECURITIES NOW REGISTERED OR HEREAFTER REGISTERED IN THE NAME OF THE CITY OF ASPEN. WHEREAS, Section 6.7 of the Home Rule Charter for the City of Aspen provides that the City shall have a Director of Finance who shall be appointed by the City Manager with the approval of the City Council; WHEREAS, the City Manager has appointed Donald Taylor as Director of Finance; and WHEREAS, Section 6.8 of the Home Rule Charter for the City of Aspen provides that the Director of Finance shall be the City Treasurer, keep and supervise all accounts; receive and have custody of all monies of the City, make and keep public records of the City; and WHEREAS, the City Council desires to authorize Donald Taylor, the Director of Finance to execute transaction requests with respect to purchasing, selling, endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafter, registered in the name of the City of Aspen. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That Donald Taylor, the Director of Finance are hereby authorized to execute transaction requests with respect to purchasing, selling, endorsing for transfer, and assigning certificates representing bonds and other securities now registered or hereafter, registered in the name of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED this 10th day of March, 2008, by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 10, 2008. Kathryn S. Koch, City Clerk vna. MEMORANDUM TO: City Council FROM: Tom McCabe THRU: Bentley Henderson DATE: March 10, 2008 RE: PAYMENT-IN-LIEU INCREASE SUMMARY: The City Council and the Board of County Commissioners discussed this request for an increase in the payment-in-lieu at a Joint Worksession held February 5, 2008 and due to the increasing costs of land and construction, recommended approval to increase the payment-in-lieu requirement. This request is the formal approval for the increase. BACKGROUND: The payment-in-lieu (PIL) fee has not kept up with the fast changing cost of construction and land. In order to better reflect the real cost of building affordable housing the Housing Board is recommending a substantial increase to the current payment-in-lieu fee. Staff concurs that the current PIL assessment needs to be substantially increased. In 2000, the PIL fee was a flat fee of $104,757.89, and was based on three recent construction projects -Snyder, Juan Street and Benedict Commons. Based on a formula that states that for every 3,000 square feet of new single-family or duplex floor area, the public will be required to provide housing for one moderate (average Category 2 and 3) income employee which equates to a per square foot payment of $34.92. In 2001 was the last time the actual costs of construction and land were researched and the PII. was increased. At that time, the costs were readdressed not only for construction, but also for land, and the PIL fee was based on each existing category (Category 1 through 4), with the per square foot cost increased to $61.11. The 2000 Guidelines were the only iteration that used a flat fee not associated with categories. APCHA went back to a fee differing by category in 2001, to more accurately reflect the cost to subsidize a specific unit at a specific category. More recently, when the County Tax Assessor was asked how they assess a property's worth, they stated that they used the Building Departments classifications. The Building Department said they have three levels of square footage charges: 1) The "deed restricted" rate is at $125 per square foot; 2) the "good value" rate at $350 per square foot and 3) the "top quality" rate at $500 per square foot. Page 1 In the July 24, 2007 Aspen Daily News, one of the front-page articles had the headline "Building estimates aze too low" and building official Tony Fusaro is quoted as saying, "There seems to be a natural inclination to snow the building department" because building permits don't come cheap and the current process provides a built in incentive to use a low estimate. In the same article Chris Bendon, the Aspen Community Development Director, stated that "We fully expect that there is some gamesmanship in the numbers" because contractors and developers pay a fee for building permits based on their own estimates and their own declarations of a projects value. John Laatsch, in the Asset Management Department, says the costs at Burlingame, not including land but including infrastmcture costs, were at $318 per square foot even considering the economies of scale for 84 multi-unit homes. The PIL was increased by CPI or 3%, whichever was less, since 2001. The current PIL is as follows: Category 1 $256,532 Category 2 $214,633 Category 3 $202,517 Category4 $126,420 The fee required for the construction of an exempt single-family home or duplex unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-lieu fee as specified above, divided by 3,000 square feet X the net increase in FAR of the new structure will equal the payment-in-lieu payment for replacement structures. The formula assumes that for every 3,000 square feet of new single family or duplex floor area, the public will be required to provide housing for one moderate income employee. Currently, that amount is $214,633 + $202,517 =2 = $208,575 =3,000 = $69.53 per square foot of new structure. Constmction costs and land costs have dramatically increased over the last five yeazs. According to the most recent sales figures for Aspen, land is selling at a premium. Land costs in Aspen aze around $150 to $470 per square foot (an average would be around $305 per square foot). AspenWalk, who purchased the Weming property for a joint project with APCHA, paid $708 per square foot. Constmction costs, according to Wodehouse Builders Inc. are up to around $450 to as high as $660 per squaze foot. Copper has increased by 300% over the last few yeazs and concrete is up to $550 per square yard and labor is increasingly more expensive to obtain. Another example, the huge, mixed use Obermeyer project was completed in 2006 at around $230 per square foot. This price did not include out of pocket costs for a variety of land pazcels and an abandoned street that were contributed by the city and adjacent landowners. Burlingame Ranch is being constructed today for about $318 per square foot (not including land), an increase of about 38% in one year. The $318 per square foot cost for Burlingame Ranch was based on 2005 prices. If one only considers a 25% increase to reflect rising costs, the price would be about $400 per square foot. Page 2 The Housing Boazd reviewed the information and suggested an additional 20% for soft costs. Therefore, if you take the land cost at $305 per squaze foot, add the construction cost of $400 per square foot and the 20% soft cost, a total cost per square foot would be $846. Utilizing the $846 per squaze foot cost and that one unit utilizes 1,000 square feet of land, $846,000 would be needed to construct a unit. The 1,000 square feet is utilized to take into consideration common area, pazking, etc. The Guidelines state that atwo-bedroom unit mitigates at 2.25 FTE's; therefore, the current PIL fee at Category 3 for 2.25 FTE's would be $455,663, a shortage of $390,337, or $156,135 per FTE. The maximum sales price for a Category 3two-bedroom is $175,000, requiring a subsidy of $671,000. Therefore, Staff is recommending an increase of 80%. Following would be the fees with the increase: Category 1 $461,750 Category 2 $386,340 Category 3 $364,530 Category 4 $227,550 The fee required for the construction of an exempt single-family home or duplex unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-lieu fee as specified above, divided by 3,000 square feet X the net increase in FAR of the new structure will equal the payment- in-lieu payment for replacement structures. The formula assumes that far every 3,000 square feet of new single family or duplex floor area, the public will be required to provide housing for one moderate income employee. Currently, that amount is $386,340 + $364,530 =2 = $375,435 _ 3, 000 = $125.15 per square foot of new structure. To readdress this each year, Staff will research actual land costs and construction costs every November by starting with a base cost for land and construction as follows: Land $305 per square foot Construction $400 per squaze foot Soft Costs Additiona120% Staff recommends that the cash-in-lieu fees be increased by 80% and that the methodology used to readdress these fees will be done yearly by reseazching the MLS, Assessor's Office, Building Department to garner current values for land and construction costs and increasing (or decreasing) by the appropriate amount for that year. Regazding all payment of fees, Staff recommends that all payment of fees be based on those required at the time of building permit (not at the time of approval for the project). RECOMMENDATION: Staff recommends that the City Council Approve Ordinance No..S (Series 2008), An Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines Part VII, Section 12, Affordable Housing Dedication Fee, as Recommended by the Aspen/Pitkin County Housing Authority Board of Directors. Page 3 Recent City Purchases: BMC West Purchase Price: Size: Land subsidy: 488 Castle Creek Purchase Price: Size: Land subsidy: 517 Park Circle Purchase Price: Size: Land subsidy $18.25 million 4.64 acres $90.29 per square foot $5.4 million 35,895 square feet $150.44 per square foot (newspaper reported $410) $4.105 million 14,458 square feet $288.93 per square foot (newspaper reported $311) Rou¢h Breakdown of estimates. BMC West property Land cost Demolition Access improvements Development, professional fees Site development Construction Landscaping Permits and fees TOTAL EXPENSE Anticipated sales revenue Net expenses Subsidy per unit $18,250,000 $854,600 $5,000,000 $5,768,100 $2,003,760 $32,045,000 $200,376 $1,000,000 $65,121,836 $18,988,000 $46,133,836 $461,338 if 100 units constructed Page 4 ORDINANCE NO. 5 (Series of 2008) AN ORDINANCE AMMENDING THE ASPEN/PITHIN COUNTY AFFORDABLE HOUSING GUH)ELINES, PART VII, SECTION 12 AFFORDABLE HOUSING DEDICATION FEE AS RECOMMENDED BY THE ASPEN/PITHIN COUNTY HOUSING AUTHORITY BOARD OF DIRECTORS WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the Housing Income, Eligibility Guidelines and Housing Price Guidelines are to be established by the City Council; and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established Employee Housing Income-Eligibility Guidelines and Housing Price Guidelines for prior years; and WHEREAS, the Aspen/Pitkin County Affordable Housing Guidelines ("Guidelines) recommended by the Board of Directors of the Housing Office of the Ci[y of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the Housing Office qualification guidelines for Category 1, 2, 3, 4, 5, 6, 7 and Resident Occupied (RO) ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: Section 1 That the City Council of the City of Aspen hereby adopts the amended change to Part VII, Section 12, Affordable Housing Dedication Fee (Payment-In-Lieu Fee) of the Aspen/Pi[kin County Affordable Housing Guidelines, as recommended by the Board of Directors of the AsperdPitkin County Housing Office, as stated below: SECTION 12 AFFORDABLE HOUSING DEDICATION FEE (Payment-In-Lieu Fee) Pursuant to [he applicable City or County Land Use Codes, an applicant for a development may, under certain conditions and subject to certain requirements, satisfy the affordable housing requirement by payment of an affordable housing dedication fee (payment-in-lieu fee). The number of employees (affordable housing residents) required to be housed is determined by the Employee Generation schedules contained in the applicable City and County Codes, or included herein. The time of payment of the fee is prior to the issuance of a building pemtit. Acceptance of the payment- in-lieu fee shall be at [he sole discretion of the respective governing body at the recommendation of the Housing Office. 2. AlI County fees shall be paid to the Pitkin County Finance Director and all City fees shall be paid to the City Finance Director. A receipt shall be issued by the Finance Director to [he applicant for submission to the Community Development Director as verification of payment, with a copy of the receipt supplied by the developer to the APCHA prior to issuance of a building permit. The number of employees generated will be dictated by the applicable City and County codes or included herein. The City and County Codes will prevail in any conflict between the Guidelines and the Codes. The Employee Generation Table is included in the City Code for the speci£c zone districts. 3. Payment-In-Lieu Fee: Category 1 Ohl 750 - - Deleted: azegzzs Category 2 $386,340 -_________-___.. -- Deleted: Szzr,on Category 3 _ $.?64.530 Deletetl: 5208,593 Category 4 _ $227,550 --------------------------- Deletetl: 5130,113 The fee required for the construction ojan ecempt single family home or duplex unit shat[ be calculated as follows: Average of the Category 2 and Category 3 payment-in-lieu fee as specified above, divided by 3,000 square feet X the net increase in FAR of the new structure will equal thepayment-in-lieu payment for replacement structures. The formula assumes that jar every 3,000 square fee[ of new single family or dup[ee floor area, the public will be required to provide housing for one moderate income employee. Currently, that amount i~$380340+$304.530-1=$375.435+3.000=$125.1.5 oer squarefool ofnew structure. ..---- Deleted: Szzt,o]z+$308,593+1= $2/4,832. So +3,000 = 5]1.62 When any other payment-in-lieu fee is required and the category is not specified, an average of Category 2 and 3 will be used to calcula[c the amount owed. Section 2 That the regulations and guidelines se[ forth and adopted herein shall supersede to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinances pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on [he Ordinance shall be held on [he 24'h day of March 2008, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ] 0°i day of March 2008. ATTEST: Michael C. Ireland, Mayor Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this 24`" day of March 2008. ATTEST: Michael C. Ireland, Mayor Kathryn S. Koch, City Clerk Vllb MEMORANDUM TO: FROM: THRU: DATE OF MEMO: MEETING DATE: Mayor Ireland and Aspen City Council Sara Adams, Preservation Planner Chris Bendon, Community Development Director February 29,2008 March 10, 2008 RE: 827 Dean Street, Establishment of Four (4) Transferable Development Rights, First Reading of Ordinance #~, Series of 2008 (Parcel 2737-073-14-003) Second Reading is scheduled for April 14, 2008. REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of four 250 square feet Transferable Development Right certificates (TDRs). BACKGROUND: ^ Lot History: 827 Dean Street is a 6,000 squaze foot lot located in the Residential Multi-Family (RMF) Zone District. The property abuts Glory Hole Pazk, as indicated on the map to the right, and contains a designated one story chalet residence and a modest one story guest house. Previous actions: The applicant voluntarily designated their chalet as a local historic landmark in 2007. Only a few alterations have been performed on this residence: in the 1980s, the current owner completed an interior renovation that enclosed the northwest roof overhang to make an entry hall. ~ Ordinance 17 Series of 2007 G:\city\Saraa\827 Dean Street\827 DeanTDRsfirstreading.doc Page 1 of 3 DISCUSSION: The purpose of a TDR is to encourage the preservation of historic landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. ^ The applicant requests approval from City Council to establish four (4) 250 square foot TDR certificates, which equals a total of 1,000 square feet of unbuilt floor area to be severed from the property. The final remaining unbuilt floor area on the property after the severance of 1,000 square feet of floor area will be 286 square feet. However, as a local landmark, the property is eligible for the 500 square feet FAR bonus for rehabilitation and good design. If the property is granted the FAR bonus, then the total unbuilt FAR on the property is 786.2 ^ The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. The property must be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. Floor Area Analysis for 827 Dean Street: Total allowable floor area for 6,000 sq. ft. lot single family residence in RMF zone district 3,240 sq. ft. of allowable floor area on the subject property Existing floor azea at 827 Dean Street I 1,954 sq. ft. Available unbuilt floor azea (3,240 -1,954) =1,286 sq. ft. unbuilt floor area Sever 4 TDR certificates at 250 square feet each (1,000 square feet total) (1,286 -1,000) = 286 sq. ft. unbuilt floor area on the site after severing TDRs RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish Four Transferable Development Rights and finds that TDRs are a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the four TDR certificates." PROPOSED MOTION: "I move to approve Ordinance #~ Series of 2008 upon First Reading, and schedule Second Reading for April 14, 2008" Z The property owners are not applying for the FAR Bonus at this time. G:\city\Saraa\827 Dean Street\827 DeanTDRsfirstreading.doc Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: A -Review Criteria. B -Application. G:\city\Saraa\827 Dean Street\827 DeanTDRsfirstreading.doc Page 3 of 3 ORDINANCE N0. b (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING FOUR (4) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 827 DEAN STREET, LOTS P AND Q, BLOCK 113, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO.2737-182-58-004. WHEREAS, the Community Development Department received an application from Nyla White, 827 Dean Street, Aspen CO (hereinafter "the Applicant"), represented by Lani White, P.O. Box 1033, Aspen CO, requesting the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lot P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, the subject property is zoned RMF (Residential Multi-Family); and, WHEREAS, 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070. Review Criteria for the Establishment of Historic Transferable Development Right. A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: a) The Sending Site is a Historic Landmark on which the development of a single family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single family or duplex home, equaling or exceeding two- hundred and ftfty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity Ordinance No. , Series 2008 Revised 3/3/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 1 of 4 d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. J) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certiftcates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the conftrmation of built Floor Area. WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed establishment of four (4) Historic Transferable Development Rights; and, WHEREAS, on March 1Q 2008 the Aspen City Council approved Ordinance No. _, Series 2008, on First Reading by a to vote, approving with conditions the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, during a duly noticed public hearing on the 14~' of April, 2008, the Aspen City Council approved Ordinance No. _ Series , by a _ to vote, approving with conditions the establishment of four (4) Historic Transferable Development Right Certificates for the property located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed Ordinance No. _, Series 2008 Revised 3/3/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 2 of 4 and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the request to establish four (4) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish four (4) Historic Transferable Development Rights of 250 square feet of Floor Area each to the sending site located at 827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen, Colorado with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (827 Dean Street, Lots P and Q, Block 113, City and Townsite of Aspen) by four (4) Transferrable Development Rights, 1,000 square feet, together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: A This Ordinance shall not ~ffect 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 construed 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. Ordinance No. _, Series 2008 Revised 3/3/2008 G:\city\Saraa\827 Dean Street\827deanstreet_ordinance.doc Page 3 of 4 Section 5• A public hearing on the ordinance will be held on the 14`h day of April, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7• This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the l Os' day of Mazch, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _s' day of Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Ordinance No. _, Series 2008 .Revised 3/3/2008 G:\city\Saraa\827 Dean Stree[\827deanstreet_ordinance.doc Page 4 of 4 Exhibit A Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standazds met: a) The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 6,000 square foot sending site is located within the Residential Multi-Family (RMF) zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certifuates requested. Staff Finding: The subject property has a total allowable FAR of 3,240 square feet fora 6,000 square foot existing single family property in the RMF zone district. A total of 1,286 square feet of floor area remains unbuilt on the site. The property requests to establish four (4) Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total of 1,000 square feet of floor azea. A remainder of 286 square feet of unbuilt floor area will remain on the property. c) It is demonstrated that the establishment of TDR Certiftcates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of four TDRs will not increase or create non-conformity. d) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) analysis of approved development Analysis of actual built development: The existing chalet and guest house include 1,954 square feet of floor area out of an allowable floor area of 3,240 square feet. The unbuilt floor azea existing on the site is 1,286 square feet. Exhibit A G:\city\Sazaa\827 Dean Street\827DeanStreetExhibitA.doc Page 1 of 2 The applicant requests to sever four TDRs, a total of 1,000 square feet of floor azea, which will leave 286 square feet of unbuilt floor area on the property. Analysis of approved development: There is no approved development pending for this property. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certiftcates, shall be considered null and void. Staff Finding: The property will not include any development order to develop Floor Area beyond that remaining legally connected to the property after the establishment of four TDR certificates. ,n The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standard (f) in the application. g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding: The application states that the requirements of section (g) are understood by the applicant. h) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the conftrmation of built Floor Area. Staff Finding: The application demonstrates an understanding of the requirements of section (h). The Zoning Officer confirmed the existing FAR numbers reflected in the Staff memo. Exhibit A G:\city\Saraa\827 Dean Street\827DeanStreetExhibitA.doc Page 2 of 2 .. ~. ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: L M 2S , (-~~-EC-T (,~I t Tom. L E- ~F TIr Ct-f A(.C~- ~cfir+ Location: 2 ~ 7 e0. v~ S t' . e~ Co ~ ~ l Indicate street address, lot & block number, le a descri lion where a ro riate Pazcel ID # (REOUIREDI C~ L.ncK I ~''~ w T3 Q APPLICANT: `I , ~ ` , I Name: N 'L ~-~- W I"I l~- Address: FS"Z~l ~~ ~" S'f' ®-ec-, ~ ~~ ~ I Phone#: 9~a ~ Z-S 9y~ y 9 25 2643 REPRESENTATIVE: Name: L (-F N 1 ~.lJ ~-~ I ~~ Address: ~ ~c0, - l~o ~( (~ 3 3 Q ~ N Phone #: 1 2S 9 Y~ Y TYPE OF APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumi7ation) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ~ ' \ Other: ~(~ ^ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I~ISTU~ZI~ C~cL~T PrNO SMHL~ S}}~D ~ C/h6IN O'~F`EYt ~SIYCanC'f>1(~S `Q~R~z ~f W f~ ~ ~ Tan F F - S }EE O ~ ~ ~3TU 12AfJYz 5 I}ED S PROPOSAL: Have ou attached the followin ~ FEE , ~:,", ° """ H Y g• `.,~ ^ Pre-Application Conference Summary i ^ Attachment#l,SignedFeeAgreement ~~T 2 3 ~C07! ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements-Including Written Respo ~,tR, Q y ~ ~tn fry dc; rst~ i MLiVT ^ 3-D Model for lazge project ~~ '' ~` ` `~ All plans that are larger than 8.5" X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ,r^~ ro.,s Calculation of FAR for 827 Dean St. for purposes of establishing Transferrable Development Rights Page 1 of 1 The residence at 827 Dean St. lies within the City of Aspen zoning district of Rte. With the lot size, as determined in the recent survey, being 6,000sq-ft., the FAR would be 2400 sq.ft. for the first 3,000 sq.ft. and 28 sq.ft. per 100 sq.ft over the 3,000. So, the allowable FAR for this 6,000 sq.ft. lot would be a total of 3,240 sq.ft. , The improvements at 827 Dean St. consist of a two bedroom residence plus a detached guesE cabin and two small (non-insulated, non-heated) storage sheds. These structures are shown on the recent survey which is submitted. There is no garage or carport, balconies, decks or stairways. There is a brick patio and walkway. The county assessor lists the total sq.footage of the improvements as 1571 for the house and 192 for the cabin (total of 1772 sq.ft.). However, the measurements provided by the survey show the total square footage of the house to be 1701 and the cabin to be 198, for a total of 1899 sq.ft. v r We would like to establish Jue~DR's, by relinquishing 1000 square feet of development rights. We would like to have the remaining sq.ft. of allowable FAR development rights (341 sq.ft) remain with the property. ~ q//~//~~n ~ ~, _ ~~ Submitted by: Lani White ~ ~ '"'' " J ~~ 925-9464 P.O. Box 1033 Aspen, CO i?~,'" 'T on behalf of Nyla White 925-2693 827 Dean St. Aspen, CO Tuesday October 23.2007 America Online: Asnenrealestate Page 1 of 1 ,.^^ Calculation of FAR for 827 Dean Sk for purposes of establishing Transferable Development Rights p-µF The single family residence at 827 Dean St. lies within the City of Aspen zoning district ofd. With the lot size, as determined in the recent survey, being 6,000 sq.ft., the FAR would be 2400 sq.ft. for the first 3,000 sq.ft. and 28 sq.ft. per 100 sq.ft over the 3,000. Therefore, the allowable FAR for this 6,000 sq.ft. lot is 3,240 sq.ft. The improvements at 827 Dean St. consist of a two bedroom residence plus a detached guest cabin and two small (non-insulated, non-heated) storage sheds. These structures are shown on the recent survey which is submitted. There is no garage or carport, balconies, decks or stairways. There is no basement, but there is a crawl space that is approximately 4 feet high. There is no second floor and no attic. There is a brick patio and brick car parking area off-street. The county assessor lists the total sq.footage of the improvements as 1571 for the house and 192 for the cabin (total of 1772 sq.ft.). However, the measurements provided by the survey show the total square footage of the house to be 1701 and the cabin (with dimensions of 16.2 ft. x 12.2 ft.) to be 198, for a total of 1899 sq.ft. The measurements of the improvements are of the total footprint, the exterior dimensions, of the house and cabin. Cabin: 198 sq,ft, House: 1701 sq.ft. Exempted structures: non-insulated, free-standing pre-fab storage units Smaller storage unit on west side: 4 ft. x 8 ft. Larger storage unit on south side: 4 ft. x 12 ft. Trash storage on north west side: 2 1/2 ft. x 4 ft. The difference between the development rights of 3240 F.A.R. and the actual square footage of the residence (1899 sq.ft.) is 1341 square feet. I would like to establish four TDR's, by relinquishing 1000 square feet of development rights. I would like to have the remaining square feet of allowable FAR development rights, 341 sq.ft, remain with th p erty. ~~~ December 7, 2007 Submitted by: Lani White on behalf of Nyla de 925-9464 925-26 P.O. Box 1033 827 Dean St. Aspen, CO Aspen, CO Page 1 of 1 httn• //www. nitki nassessor. ora/asses sor/Photo/R005212.1. ivy o c Page 1 of 1 Y. ~..r Nyla White 827 Dean St. Aspen, Colorado 81611 (970) 925-2693 City of Aspen Community Development Aspen, Colorado Re: Transferable Development Rights: 827 Dean St., Aspen To whom it may concern, My name is Nyla (Mrs. Fleet) White and my late husband and I have owned the house at 827 Dean St. since the early 1960's. Since my husband's death I have been living full time in Aspen in the house we have always called Le Petit Chalet Blanc. My home is beloved in the neighborhood and is a wonderful example of the chalets that were so popular in Aspen in the 50's. My daughter and I thought about making sure that my chalet would not be torn down and would always be a legacy to Aspen and the neighborhood. The City was very happy when we discussed with them the possibility of making my chalet a historic landmark in Aspen. At the time they said that there were incentives for me 'rf my chalet was historic...particularly the TDR's that were offered. So I made the decision to go through with the historic re-zoning. We didn't expect such a long process in getting the TDR's, as I expected to receive the TDR's at the time that my home became historic. Since then my daughter has since been trying to get everything that's required to get through this process. It now appears that will take a year since my home became "historic" last spring to be approved for the TDR's.. The proceeds from the sale of the TDR's will enable me to pay off my mortgage and to hire help for me in my home, as I am 84 and legally blind. As my agent, my daughter, Lani White, has been handling all the work involved in this process. She has done this with my full knowledge and authority. This letter states my intent to relinquish 1,000 sq.ft. of the development rights at 827 Dean St. in order to receive four marketable Transferable Development Rights. Sincerely, ~',~iz~ Nyla (~. Fleet) White Dece er 5, 2007 ,~r~ti C'-a~ ~~~ ~1~~.~:c~~~,~~zvr~~~~~o~~~ ~ ~ ~~~ ~~~~~ ~ .o"~a~~wFOa`' 30// ~j,:.pUBLIC,~< .9 Q Friday December 07.2007 America Online: Aspenrealestate ~~~~~ ® ~b®~~ ASPEN T®WNH®USES EAST vi~iz. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Amy Guthrie, Historic Preservation Officer THRU: Chris Bendon, Community Development Director DATE: Mazch 10, 2008 RE: 627 W. Main Street, Establishment of One (1) Transferable Development Right, Second Reading of Ordinance #2, Series of 2008 (Pazce12735-124-48-010)- PUBLIC HEARING REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of one 250 square feet Transferable Development Right certificate (TDR). '`j i' ~~. ", `r _.i ,_r i APPLICANT: Douglas Kelso, owner, represented by Steev Wilson, Forum Phi. LOCATION: 627 W. Main Street, Lot B, Block 25, City and Townsite of Aspen. i ~ L r.._. r r BACKGROUND: The subject property is a 3,000 square foot lot that is located at the faz west end of Main Street, within the historic district. A Victorian era home, still in use as a residence, sits on the lot. The owner would like to sell some unused FAR as one TDR. A modest expansion will be proposed to the HPC in the near future. DISCUSSION: The purpose of a TDR is to encourage the preservation of Historic Landmazks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be built on a different and non-historic property within the City of Aspen. Each TDR is equal to 250 square feet of Floor Area. The TDR 627 W. Main ~- , ~ --_r Revised 2/28/2008 C:\home\AMYG\CASES\TDR\627wmainsecondreading.doc Page 1 of 2 program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Property owners may choose to invest funds that are gained from the sale of TDRs into restoration work on the landmazk. Floor Area Analysis for 627 W. Main: Total allowable floor area for 3,000 square foot lot with existing single family home in 2,400 square feet the Mixed Use zone district Sever 1 TDR certificate at 250 square feet floor area on 627 W. Balance remaining for future expansions (2,400 - 250) = 2,150 squaze feet allowable floor area on the site after severing TDR 18 feet (2,150 - 1,918) = 232 square feet STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish one Transferable Development Right and finds that TDRs are a good tool for preserving a historic resource by reducing development pressure. Staff recommends approval of the TDR certificate. PROPOSED MOTION: "I move to adopt Ordinance #2, Series of 2008." CITY MANAGER COMMENTS ATTACHMENTS: Ordinance #2, Series of 2008 A -Review Criteria. B -Application. Revised 2/29/2008 C:\home\AMYG\CASES\TDR\627wmainsecondreading.doc Page 2 of 2 Exhibit A SCCtIOn 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHT. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A) The Sending Site is a Historic Landmark on which the development of a single- fami[y or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 3,000 square foot sending site is located within the Mixed Use zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmak Sites and Structures. B) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single family or duplex home, equaling or exceeding two-hundred and fzfty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,400 square feet. A total of 482 square feet of floor area remains unbuilt on the site. The property is eligible to establish one (1) Historic TDR Certificate, worth 250 square feet. C) It is demonstrated that the establishment of TDR Certiftcates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of one TDR will not increase or create anon-conformity. D) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain F[oar Area bonuses, exemptions, or similar potential development incentives. Staff Finding: The existing structure includes 1,918 square feet of floor area out of an allowable floor area of 2,400 square feet. The unbuilt floor area existing on the site is 482 square feet. There are cun•ently no other approved plans in place that would decrease available FAR. E) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Exhibit A Revised 2/28/2008 C:\home\AMYG\CASES\TDR\627wmainExhibitA.doc Page 1 of 2 Staff Finding: The property will not be permitted to develop any more Floor Area than permissible under this standard. F) The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: Said deed restriction shall be a condition of approval. G) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding: Said closing shall be a condition of approval. H) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Flaor Area. Staff Finding: Adequate plans have been provided in the application. Exhibit A Revised 2/28/2008 C:\home\AMYG\CASES\TDR\627wmainExhibitA.doc Page 2 of 2 ORDINANCE N0.2 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 W. MAIN STREET, LOT B, BLOCK 25, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL N0.2735-124-48-010 WHEREAS, the Community Development Department received an application from Douglas Kelso, owner (hereinafter "the Applicant"), represented by Steev Wilson, Forum Phi, requesting the establishment of one (1) Historic Transferable Development Right Certificate for the property located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado; and, WHEREAS, the subject property is zoned MU (Mixed Use) and contains a single family home; and, WHEREAS, 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and, WHEREAS, in order to establish a Historic Transferable Development Right Certificate, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.535.070 which is as follows: 26.535.070 Review Criteria for the Establishment of Historic Transferable Development Right. A Historic TDR Certificate for 250 square feet of Floor Area may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finding all the following standards met: A) The Sending Site is a Historic Landmark on which the development of a single family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. B) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single family or duplex home, equaling or exceeding two- hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certifzcates requested. C) It is demonstrated that the establishment of TDR Certifzcates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity D) The analysis of unbuilt development right shall not only include the actual built development, any approved development order the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives E) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. F) The proposed deed restriction permanently restricts the development ojthe property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. G) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the Cily shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. H) It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area; and WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval, with conditions, of the proposed establishment of one (1) Historic Transferable Development Right; and, WHEREAS, the Aspen City Council has reviewed and considered the proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public heazing; and, WHEREAS, the City Council finds that the request to establish one (1) Historic Transferable Development Rights meets the intent of the Aspen Historic Preservation Program and is consistent with the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessazy for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 The City Council finds that the application meets all required standards and eligibility as stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is complete and sufficient to afford review and evaluation for approval; and Section 2 The City Council does hereby establish one (1) Historic Transferable Development Right of 250 square feet of Floor Area to the sending site located at 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado with the following conditions: I. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the Historic TDR Certificate shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the Historic TDR Certificate to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development rights of the Sending Site (627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen, Pitkin County, Colorado) by 250 square feet, together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed 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• A public hearing on the ordinance will be held on the 10`h day of March, 2008, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 I m February, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 10`" day of March, 2008. Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 1 ~ Applicant's Name: Douglas Kelso Date: 2/28/2008 Address: 627 W. Main Street Aspen,CO 81611 Purpose: Application for 1 Historic TDRs Contents: 1. Land use application 2. Written response to the criteria for establishing a Historic TDR 3. Affidavit and proposed deed restriction 4. Drawings and analyses Contacts Owner: Douglas Kelso 627 W. Main Street Aspen, CO 81611 Phone: (970) 925-3349 Fax: (970)920-7762 Owner's Agent: Forum Phi Steev Wilson 174 Midland Ave suite 201 Basalt, CO 81611 Phone: (970)279-4157 Fax: (866)770-5585 PL[CANT: me: cation: ~cel ID # :PRESENT me: idress: one #: OJECT: me: Idress: ATTACHMENT 2 -LAND USE APPLICATION llouglas Kelso 627 W. Main Street (Indicate street adds 273512448010 Forum Phi 103 Devon Court B (970 279-4157 Kelso Residence 627 W. Main Street one #: (970) 925-3349 ~YPE OF APPLICATION: (please check all that apply): .n, CO 816 ] 1, Block 25 Lot loi & block mimF,n~ IPrt~I a. CO 8]611 CO 81611 and of J I-OOnlllOnal Use ] Special Review ] Design Review Appeal ] GMQS Allotment ] GMQS Exemption ] ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ] Lot Split ] Lot Line Ad'ustment :XISTING CONDITIONS: (description buildin_p~isis an 1918 square foot residence :OPOSAL: We are requesting 1 Historic TDRs ve you attached the following? FEES DUE: $ Pre-Application Conference Summary Attachment #l, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written t (Microsoft Word Format) must be submitted as part of the application. ^ Conceptual PUD ^ Conceptual Historic Devt ^ Final PUD (& PUD Amendment) ^ . Final Historic Development ^ Conceptual SPA ^ Minor Historic Devt ^ Final SPA (& SPA Amendment) ^ . Historic Demolition ^ Subdivision ^ Historic Designation ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ condominiumization) Expansion ^ Temporary Use ® Other: Historic TDRs ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: Kelso Residence Kelso 627 W. Main Street As en, CO 81611 MU 3000 Squaze feet 3000 S uaze feet (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable : Existing.•_ 0 Proposed: 0 Number of residential units: Existing: 1_Proposed. 1 3 Number of bedrooms: Existing.• 3 Proposed. Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing.• 1918 sq. ft._Allowable: 2400 sq. ft._Proposed.• 1918 Principal bldg. height: Existing:_N/C Allowable:_25 feet_ Proposed:_N/C_ Access. bldg. height: Existing:-none _Allowable:_none_ Proposed:_none_ On-Site parking: Existing:_N/C Required.• Proposed:_N/C_ Site coverage: Existing: Required:_N/A Proposed.• Open Space: Existing: Required.•_N/A Proposed: Front Setback: Existing._N/C_ Required: _IO_feet _Proposed.•_N/C_ Rear Setback: Existing:_N/C_Required._5_feet_Proposed.•_N/C_ Combined F/R: Existin S' N/C_ - Re uired: q Proposed. _N/C_ Side Setback: Existing. _N/C_ Required: _Sfeet_Proposed: _N/C_ Side Setback: Existing: _N/C _Required. _Sfeet_Proposed.• _N/C_ Combined Sides: Existin 8 N/C _ _Re uired.• q Proposed: _N/C_ Distance Between Existing: _N/A_Required:_IO feet_Proposed:_N/C_ Buildings Existing non-conformities or encroachments: House currently lies in a setback Variations requested: The following is a written response to the criteria for establishing a Historic Transferable Development Right. The criteria are show in 26.535.070 A-H. The written response requirement is show in 26.535.090 A6. The property referenced is 627 W. Main Street Aspen, CO 8 ] 611 owned by Douglas Kelso. A: The Sending Site is a Historic Landmark on which the development of asingle-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Response: The sending site is zoned Mixed Use (MU) and pursuant to the land use code 26.710.180 B12 a single family residence is a permitted use. Per the City of Aspen zoning map the property lies within the main street historic district and this is a Historic Landmark. B: It is demonstrated that the Sending Site has permitted unbuilt development rights, for either asingle-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Response: Per the Mixed use zoning regulations specifically 26.710. ] 80 Dl lA "For properties within the Main Street Historic District, this maximum cumulative FAR shall be I :l ". The lot size of the lot in question is 3000 square feet, thus the FAR is 2400 square feet. Since the present FAR is 1918 square feet per the included existing drawings there exist 250 square feet of unbuilt FAR. C: It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Response: Since the property is presently in compliance with FAR regulations and also will be in compliance with present regulations minus 250 square feet, there is no noncomformity created by this request. D: The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Response: The floor area analysis presented in item B of this response only considers the Mixed Use zoning. Thus the property will comply without any bonuses exemptions or other incentives. E: Any development order to develop Floor Area, beyond that remaining legally connected to the property afrer establishment of TDR Certificates, shall be considered null and void. Response: This is hereby agreed by the owner F: The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for asingle-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response: This is hereby agreed by the owner. G: A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Response: Such a real estate closing can be scheduled at the City's convenience and such title will be delivered to the Pitkin County Clerk at that time. H: It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. 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CURRENT ZONING & USE Public (PUB) PROPOSED LAND USE: Temporary Use Permit for a vehicular tent shelter STAFF RECOMMENDATION: Staff recommends approval of the Temporary Use Permit. SUMMARY: The Applicant requests a Temporary Use Permit for a vehicular tent shelter for a six month period to start no later than October 15, 2008. of the REQUEST OF COUNCIL: City Council is asked to grant a Temporary Use Permit, pursuant to Land Use Code Section 26.450.030, for the assembly of a temporary tent as a parking shelter for emergency vehicles at the hospital campus. BACKGROUND: The ambulance district utilizes an existing two story structure on the hospital campus to shelter three (3) ambulances as well as run their operations out of the structure. A fourth ambulance and squad truck are currently parked on a paved parking pad adjacent to the Ambulance District,Temporary Use Permit Staff Report, Page 1 of 3 structure (five total vehicles). The facility has adequately housed the district's needs; however, the district has recently acquired two (2) additional ambulances (seven total vehicles). The Applicant is proposing to erect a tent structure for the shelter of three (3) ambulances and locate the tent on the existing paved parking pad adjacent to the ambulance "barn." The district anticipates sheltering the vehicles at this location until two of the ambulances can be located on Aspen Fire Protection District property (the downtown fire station and the North Forty fire station) and until substantial improvements to the hospital campus are made. As noted in the application, the benefit of the parking shelter is the protection of the ambulances form inclement weather (substantial snow storms) and to assist in providing additional protection for the onboazd medicines from freezing in the winter and overheating in the summer. DISCUSSION: The Applicant is requesting a Temporary Use Permit for a temporary shelter with a footprint of 24' by 36' and a maximum ridge height of 22'-2". The tent consists of a steel structure covered with a white canvas cover and is proposed to be located in the southwest corner of the campus on an area that is currently delineated and screened by a retaining wall and landscaped berm. The request is for a six month Temporaz~Use Permit to start no later than October 15, 2008; however the Applicant is erecting to ask for the ability to maintain the structure year-round until 2013 throu¢h a subsequent request associated with the Aspen Valley Hospital's Master Facility Plan development application that was recently submitted to the Community Development Department. As mentioned previously, the Applicant expects to permanently locate two of the ambulances at Aspen Fire Protection District locations. These two stations are anticipated to be completely constructed by the end of 2010. As part of the hospital's master plan proposal, a permanent facility would be developed for the ambulances located on the hospital campus; however, it is currently projected that the work would not be complete unti12013. The use of the tent as a pazking shelter is consistent with the current storage and operation of ambulances on the site. The proposed location is towards the rear of the hospital campus and will have little impact on surrounding buildings on the campus. The greatest impact will be for the neighboring residence to the south of the site. Although somewhat screened by the existing retaining wall and landscaped berm, the tent will be visible by the neighbor, particulazly in the winter (Exhibit B). The Temporazy Use review criteria are outlined in Land Use Code section 26.450.030; Staff Review is attached as Exhibit A. REFERRAL AGENCY COMMENTS: Staff has received no comments of concern from referral agencies with regard to the subject application and the Applicant has discussed the proposed tent with the building department. RECOMMENDED ACTION: Staff recommends approval of a Temporary Use Permit for the tent shelter. Staff finds that this one-time Temporary Use Permit is consistent with the permitted uses on the hospital site and provided a benefit to the community. There will be some visual Ambulance District,Temporary Use Permit Staff Report, Page 2 of 3 impacts to the neighboring residence and staff would recommend the Applicant consider installing some additional landscaping on the berm to screen the tent, particulazly in light of the anticipated subsequent request for a more permanent year-round allowance. The temporary tent is proposed to be in operation no later than October 15, 2008 and the current request is for a six month time period. PROPOSED MOTION: "I move to approve Resolution No. ~, Series of 2008, approving the request for a six month Temporazy Use Permit at the Aspen Valley Hospital campus for the purpose of erecting a temporary tent no later than October 15, 2008." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings Exhibit B -Photographs of site with story poles. Exhibit C -Application Ambulance District,Temporary Use Permit Staff Report, Page 3 of 3 RESOLUTION NO. (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF A TENT AT THE ASPEN VALLEY HOSPITAL CAMPUS,301 CASTLE CREEK ROAD, CITY OF ASPEN, COLORADO Parcel ID 2735-121-29-809 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Aspen Ambulance District, has submitted an application for a Temporary Use Permit to place a tent on the Aspen Valley Hospital campus adjacent to the existing ambulance "barn" near the southwest corner of the property; and, WHEREAS, the Applicant requests approval for a Temporary Use Permit to place a tent on the campus to shelter three ambulances for six months with a start date of no later than October 15, 2008; and, WHEREAS, Community Development Department reviewed the temporary use application and provided a referral review opportunity to standard referral agencies resulting in the building department requiring a building permit and appropriate sub-permits to be applied for to install the tent; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on Mazch 10, 2008; and, WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, the applicable refenal agencies, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. Resolution No., Series of 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant the Aspen Ambulance District a Temporary Use Permit to place a tent at the Aspen Valley Hospital campus with the following conditions: 1. The temporary use is valid for six (6) months. 2. The Applicant shall erect the tent no later than October 15, 2008 to start the six (6) month period. 3. The Applicant shall obtain a building permit and any required sub-permits before erecting the tent. 4. The temporary use shall allow for a tent of thirty-four (34) feet by twenty-six (26) feet with a ridge height of twenty-two (22) feet and two (2) inches. 5. All material representations made in the application and in the hearing by the Applicant and the Applicant's representative shall be considered conditions of approval, unless amended by other conditions. Section 2: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED, March 10, 2008, at a public hearing before the City Council of the City of Aspen, Colorado. Michael C Ireland, Mayor City Attorney ATTEST: Kathryn S. Koch, City Clerk EXHIBIT A 26.4$0.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES. Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the following criteria, as applicable, when reviewing development applications for a temporary use: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. The proposed temporary use is for a temporary tent structure to shelter pazked ambulances from inclement weather. The tent is being proposed to be located on the southwest corner of the hospital campus adjacent to the existing ambulance "barn." The tent will be located on the existing asphalt adjacent to a retaining wall and landscaped berm. The dimensions of the tent aze 24' by 36', with a ridge height of 22'-2". Although the shelter will be partially screened from adjacent properties by the existing retaining wall and landscaped berm, the roofline will be visible to the residence directly to the south of the hospital barn. The existing deciduous shrubbery will provide some screening during the summer but will not in the winter. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed tent is compatible with the existing uses on the hospital campus as it will provide additional shelter for parked ambulances in an area where ambulances are currently located. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. The tent will not impact pedestrian or vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The temporary tent is proposed to be installed no later than October 15, 2008. The request is for a six month approval (no later than May 15, 2009). The Applicant has not been approved previously for a temporazy use permit. Please note that although the Applicant is only asking for a six month temporazy use permit through this application, the Applicant intends, through a subsequent land use application to request to maintain the shelter on a year-round basis until approximately 2013. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. The hospital campus is zoned Public (PUB). The storage and sheltering of ambulances is consistent with the purpose and intent of the Public zone district as a hospital and essential governmental facilities are permitted uses in the district. Staff finds this criterion to be met. F. The relation ojthe temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The use of a tent as shelter for ambulances provides additional shelter capabilities adjacent to the existing ambulance "barn." The temporary use permit request is consistent with uses currently occurring and permitted on the site. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The tent will be used to provide additional shelter for ambulances that respond to emergency calls and serve the general public's health, safety and welfare. The shelter will protect the ambulances from inclement weather. Staff finds this criterion to be met. E~trt~s~ Proposed location of the tent with story poles showing the ridge height (22'-2")and the height of the two side walls (11'). Photographs of the story poles as viewed from the neighboring residence to the south of the site. Jan lU ~UUkJ LH: ~U v~'t !`I HMIJVLHiICL. _ U7U J443U'/t1 p. I January 4, 2008 Ms. Jessica Gano~• Aspen Communit• De~aelopment Deparhnent Third Floor, Aspen City Hall 130 S. Cralena Street Aspen, CO 816111 Re: Application fir Certificate of Temporary lise Permit (26.450.030) & 8040 Green&ne Re:~iewi (2ti.435.030.B) Dear Ms. Gatrow The Aspen Ambulance Dislrict (District) is asub-district n`Pitkin County and the Board of County Comtrussioners is the Board of Directors. FIoN~ever the Cvunr: cariracts with Aspen Valley Hospital to manage the service. The District's facilities are iocated on the Hospital Campus nd improvements are caordinated with the Hospital The District recett~ly acquired the assets vY ~1oun*ain Amhciancc service which increased the nwrrher of anlbt:latrces in our fleet from four to six. The acquisition also requires us to iranSport injuries from It e ski siof:es i~,t;leasieg our son.-ice calls- These changes necessitate the need for better protection for o.ar vehicles from the weather in order to maintain {hem in a ready response rnode. Our hart. is only large enough for three ambulances hrd we propose to install a *.emporary she;tcr ever an existing parking pad. ~Ve are pleased to suhroit this applicatiwt seeking a tetuyorary use permit for a shelter next tv the ambulance bum. Fortunately, this is temporary because the neK fire station at the North Forty;and the expansion. of the Headquarters downtor~m will provide hoc parking spaces foe ambulances in order to enhance emergency response opt of those stations. Howevef the new spaces are not available until the fall of 2010. In addition, the H6spilal Master facilities plan, intended to begin the public review process this year, includes a covered carport near the emergency depattntert entrance for three atnbulanpes. The carport is proposed in Phase 171 of the Facilities Plar.. Please find attached to t::i5 cover letter ow response to the standards of Section 2ti.450.030 Ternporazy lise aLxl Section 26.435.030.B - 8040 Greenline Review. On behalf of the Asper. Ambulance District, Leslie Lamont of Lamont 1"arming Services, LLC is our authorized representative in this matter. Please do ,tot hesitate to cotnaci me or Leslie if you have!any questions or newt fitrther inforr.Jation. I look forward to a timely resolution of this t~tatter. Si]nce~re'ly~, 'cRr hard Walker, >yirect Aspen Ambulance District ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Aspen Ambulance District Temporary Shelter Location: Aspen Valley Hospital Campus 0401 Castle Creek Road (Indicate street address, lot & block number, legal description where appropriate) ParcellD#(REQUIRED) PID #3039 APPLICANT: Name: Aspen Ambulance District - Rich Walker, Director Address: 0401 Castle Creek Road, Aspen CO 81623 Phone #: 54 4 -15 8 0 KEPRESENTATIVE: Name: Leslie Lamont Address: 725 Melissa Lane, Carbondale, CO 81623 Phone#: 963-8434 TvPE of APPLICATION: (please check all that apply): ^ GMQS Exemption ^ GMQS Allotment ^ Special Review [~ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Variance ^ Conditional Use ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment © Temporary Use ^ Text/Map Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CONDTI70NS: (description of existing buildings, uses, previous approvals, etc.) The District utilizes a two story "barn" for operations and shelter for 3 ambulances. A squad truck and 3 more ambulance use a paved parking pad next to arn. PROPOSAL: descri tion of ro sed buildin s uses, modifications, etc. The District would like to erect a temp. shelter over the parking pad to pro vide protection for vehicles that cannot fit in the barn. lave you attached the following? FEES DUE: $0.00, per pre-app U Pre-Application Conference Summary © Attachment #1, Signed Fee Agcement ® Response to Attachment #3, Dimensional Requirements Form ® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D modeL CITY OF ASPEN PRE•APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: 10.18.07 PROJECT: Aspen Ambulance District REPRESENTATIVE: Rich Walker Tel: 544.1580 DESCRIPTION: The prospective Applicant would like approval of a TemporarylSeasonal Use permit for the construction of a temporary tent to house the Aspen Ambulance District's ambulances for the winter months. The prospective Applicant states the temporary use is required to house the ambulances during inclement winter weather and to provide heat to ensure the medicines stored in the ambulances do not freeze. The property is part of the Aspen Valley Hospital complex, and is zoned Public (PUB). When the Hospital was annexed in 2003, one of the conditions was that the hospital seek a PUD designation. The prospective Applicant proposes a temporary use at this time, as a permanent solution will be discussed as part of the PUD designation. The hospital parcel will require an 8040 Greenline review at the time of final PUD approval. The proposed temporary use is also required to go through an 8040 Greenline Review. Pursuant to section 26.435.030.8, the Community Development Director my exempt development 'rf it meets the following standards: The development does not add more than 10% to the floor area of the existing development, the development does not require a tree removal permit, the development is not affected by geological hazards, and that the total amount of exemptions do not exceed 25°k. The prospective Applicant will need to demonstrate compliance with these requirements. Based on an existing survey, Staff has determined that the total development existing on the parcel is approximately 30,000 square feet. As part of the land Use Application the prospective Applicant must provide written responses to the Review Criteria outlined in section 26.450.030 of the Land Use Code. The Application must also include the duration of the temporary use -how many years, and the time periods the proposed structure would be erected. The use may not be approved for more than ten (10) years. Because this Application will is part of an "essential public facility," the Community Development Department is waiving all fees associated with this Application. Relevant Land Use Code Section(s): 26.435.030 8040 Greenline Review 26.450 Temporary and Seasonal Uses 26.710.250 Public Zone District (PUB) http•Ilwww aspenpitkin comldeptsl38icitycode.cfm Review by: Staff for completeness and a Public Hearing at the City Council for aTemporary/Seasonal Use Permit. Referral Agencies: Building, Parks, Engineering, Fire. Planning Fees: None. Referral Agency Fees: None. Total Deposit: None To apply, submit the following information: ^ Proof of ownership with payment. ^ Signed fee agreement. ^ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ^ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ^ Total deposit for review of the application. ^ 15 Copies of the complete application packet and maps. HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =1/ea.; Planning Staff =1 ^ An 81/2" by 11"vicinity map locating the parcel within the City of Aspen. ^ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ^ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ^ Copies of prior approvals. ^ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. ^ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional infonnation. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. .Ian iO 2008 IG:23 FkCk` C7FY CF ASPEtQ (tlcaeimfler APPL il9PEN ~9MIiGLRNCE FRx Y:0. :97tI963N944 970 54419?8 Jdn. 10 2000 12: 33PPt F: C1F ASPEN COMMUNITY DEVELOPMENT DEMAR'fMENT RrrC!'i1')and Aspen ATbu~ance I)1aCrie~ AGREE AS Ft1LLOWS; hna subanixed to Cell' en appiia:ctian far Temp. Ue® L B 04 C 2. AItPLTC ANT amdentandt and agror> that the Ciry of Aspen be tul adoptod fee sintttute for Land Use applkations arty Ule p:ytnult a,` al! proecsaing Eecs u s conditiC-t prooadad so a dattrtrtiwxdon of epplicatiw txmpieteuess. f i 3. APPLICANT cad C1'IV agree that because of the slag, OHtlte m sc'oP~ aj daa ptvpoasd pa~ad, (t i& not poasbls at ibis limo to :uomca[n the fu!I eata:t ar the vats lavoltaod M psooessuog ttie aPF~on. APPLiCAT.T and CfiY tuMU aep+se tear it i r in tits intents of the pttttisa utex APPLTCAN7 nuke payment of an Won! deposit anal ;:o thereafter permit additiamal cosu to be billed b APPLICANT ae a tnanttily. bttaie. AFM.ICANTaayaxia~ad3!tienalenxttmayaerrueTOliowingtheirhearingsttnd/orapprovds. nPPLICANrI'ttgreeahe will !m bdleGred by rraieaurg preete cuh liquidity end will make additiovei IraYma*aU opal taotiRcadon by t}te CITY whm thnY arnoacsassy as costs zre inetsreKl. C!'tY agtees it will he 6eae~ted tllewglt the greaser cetuinsy ufreaatverhtg its full posts to t*'a'est APPLTCAM'S spptieatien. 4. Cf~Y and APPLICANT fvNta agree that it is irrapruxicabte for CITY fatR m o~tplete p[ocetaiag or prese~tt uuf}Ic!erlt Iefirnlatlan to she ttistaric Yiemvtdien CommisalOa, Piarming asst ?aninp Commlubn and'or! City Ceweil to rn61e the tfistoric P:osetvatioa Camtriasion, Pbrrvliag and 2'attbtg Cemmissign and/or. ! ory Covecii b make legally !niuited Rndangs For projsct ODt1rl4eaatjoty unless eummd bi%tngs ore paid trt ftall priorb daitlon. 3. 17x~rs(ae, APPLICANT agrees drat in egesidastien of the CTTY'a wtdver of its sighs b caslleC Ibtt kes pritlr ro a aYarerminatiat of application comptderess, nPPLICANT abate pay >n iastlal detaoae in the enloemta>f'S~,Q~ which is for _~_ hours of Cawntntloifv Dev~apnatl atatf dtve; and if earU recorded costa eacee4 tha Infthi dgacsit, APPLICANT shalt pay addititmal tvoatdtly billvxga to CfIY b tdmbarse dx CITY Tot the peoceeeirg of she app!icrct4m mentioned above, ineludiog poor tpptw rbview s[ a rave of SZ33.00 per plarmer hear eve! the iottlxt deposit. Such pertadic payments chal! be wade wither 3G dayr of she bitlittg date, AFPLICANT f6rtller ~agreen Mot Silttre to pay such aecrved vests shall bs tpouada for tWpenafatt of psocessin~, sad in ro race wNl 6u1!dMg ptravts h: issuad t,-.tie al! costs assocleted with cite ptace~sctg ?uve lxet paid. p.2 CITY OF AS-EIY ! APPf.ICA]Yf R t4i~ea't7 ~, WRT.tltar~ ASpt.l M~sslveacaE~tsTn~cq-~Tr~TSrL By'c i A gv,~ Cirh Hevdoe ComeuWty Ddvetopatsnt Detector Dstr. = rn~s a ~ , ~ 0 9 dal[ Addtnw sad TWpbae Trvsber. ~ ~O P_ G~~ n_ , b C?t ~a. K 14 1 i - ca~u -I CRn Nu[e: '[1rc fees foi this app!Ication Nava been waived, per The pre,app. 1MG ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Ambulance Temporary Shelter Applicant: spen u ance is ric Location: 0401 Castle Creek Road, Aspen Valley Hospital Campus Zone District: Public Lot Size: 19 . 1 Acres Lot Area: 655 394 sa. ft. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the defmition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: NA Proposed: NA Existing: NA Proposed: NA Existing: NA Proposed: NA Proposed % of demolition (Historic properties only): NA DIMENSIONS: The campus is zoned Public and dimensions are set via PUD Floor Area: Existing: 93, 369 Allowable: PUD Proposed: 884 sq. ft. Principal bldg. height: Existing: " 1 `' Allowable: ruu Proposed Access. bldg. height: Existing: Allowable: Proposed: 22 ' 3 " On-Site parking: Existing.• Required.• Proposed: Site coverage: Existing: Required.• Proposed: Open Space: Existing: Required: Proposed: Front Setback: Existing.• Required: Proposed: Rear Setback: Existing.• Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing.• Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: ATTACHMENT 4 -LAND USE REVIEW SECTION for ASPEN AMBULANCE DISTRICT I. General Description of Project The Ambulance District seeks to install a temporary shelter to protect three ambulances from inclement weather and extreme temperatures. The shelter is necessary to provide protection from snow storms. When a lazge storm settles over Aspen, over 12" of snow, it typically takes at least a half day to remove snow from vehicles that aze pazked outside. The winter season is a very busy time for the District transporting injured people from the ski slopes, roughly 300 trips per yeaz. Advanced life support calls aze also handled by the District and total approximately 950 calls per yeaz. The District bases their operation out of a two story 3830 squaze foot "barn". The second floor of the building consists of two bedrooms for employees (which serve as shift quarters), two offices, a training room and combination kitchen/living room space. The first floor is comprised of three bays for three ambulances, lockers and storage. Until recently the District's fleet consisted of four ambulances and one squad truck. The truck is primazily used for backcountry assistance. The gazage provided adequate shelter for the fleet until the District acquired the assets of Mountain Ambulance increasing the fleet from four to six ambulances. Now three ambulances and the squad truck are pazked outside on a paved pazking azea where the temporary shelter is proposed. The shelter is proposed as a temporary solution because one ambulance will be relocated to the new North Forty fire station and a second ambulance to the reconstructed Fire District Headquarters in downtown Aspen. However, those relocations will not occur until the end of 2010 when both stations aze finished. In addition to those future moves, a permanent garage for ambulances is proposed as part of the Hospital's Master Facilities Plan. This gazage is proposed in Phase III of the Hospital's plan and is anticipated to be built in 2013, five yeazs after final approval. Completion of Phase III will provide enough sheltered space for the District's fleet. The temporary shelter's proposed location is on an existing paved parking pad next to the ambulance barn. The pad is tucked into the hillside and supported by a railroad tie wall. The pad is correctly sized to accommodate the proposed shelter and will require very little work for installation. The footprint of the shelter is 34' x 26' and three ambulances will be pazked inside. The installation of the shelter will not require a foundation. The opportunity to heat the shelter is still being explored. In the meantime the vehicles will be plugged into the barn for heating purposes to keep drugs from freezing and to activate an engine block heater. Please refer to the shelter specifics attached to this application. II. Land Use Review Process The District seeks a Temporary Use permit to install the shelter in the Public zone district. Because of the proximity to the elevation 8040 the District also requests an 8040 Greenline review. Aspen Ambulance District Temporary Use Application & 8040 Greenline Review January ] 1, 2008 Although the District is seeking a Temporary Use permit for this winter season, the District would like to avoid removing the shelter at the end of six months only to set it up again next winter via another Temporary Use review. Community Development staff, in consultation with the District, suggested the District pursue a Temporary Use permit for this season and pursue a GMQS approval for an Essential Public Facility in the Hospital's Master Facilities Plan Planned Unit Development (PUD) land use application. The application will be submitted in January 2008 and the review process is expected to occur the spring and summer of 2008. A. Section 26.710.250 Public The entire Aspen Valley Hospital Campus was annexed into the City of Aspen in 2003. The property was zoned Public. The Aspen Ambulance District is a land use that is consistent with the uses permitted in the public zone district sue as Public and Private non-profit uses providing a community service or Hospital. B. Section 26.435.030.B 8040 Greenline Review The District requests an 8040 Greenline review exemption for the installation of the temporary ambulance shelter finding that the shelter complies with the following criteria: 1. The development does not add more than ten percent (10%) to the floor azea of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); Response: The square footage of the shelter is 884 square feet. The Ambulance District is located on Aspen Valley Hospital's Pazcel C which includes the Hospital's CEO house, Whitcomb Terrace senior housing and community center, the Hospital facility and the ambulance barn. The approximate total floor azea of all structures on the site is 93,369 square feet. (Because of the Hospital Master Facilities Plan submittal, these numbers are still being refined.) The proposed shelter adds 0.9% floor azea to Parcel C. However, the shelter does add 22% more floor area to the ambulance operations. Pazcel C is zoned Public and floor azea is established by a specific Planned Unit Development. The overall floor azea for Pazcel C at build out will be identified during the pending PUD review process for the Hospital's Master Facilities Plan. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; Response: The location of the shelter is already a pazking pad for the ambulances. No additional site work is required to install the shelter. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Aspen Ambulance District 2 Temporary Use Application & 8040 Greenline Review January 11, 2008 Response: A majority of the existing pazking pad is paved and tucked into the hillside. The steep hill is supported by a "railroad" tie retaining wall. Drainage off of this area will continue to be collected by the Hospital campus' drainage system. There will be no additional run-off or erosion from the site once the shelter has been installed. 4. All exemptions aze cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.0. Response: 8040 Greenline review will be one of the required reviews during final PUD review for the Hospital's Master Facilities Plan. It is anticipated that the 8040 Greenline review will cover all proposed expansions to the Hospital's campus. C. Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstahfial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating chazacteristics and visual impacts of the proposed use. Respouse: The structure will shelter three ambulances. The shelter will be 884 square feet and 22 feet tall. No significant views will be blocked by the shelter. A steep hill rises up behind the shelter and mature vegetation is planted along the property line behind the bam. The shelter will sit idle, providing a protective cover for the ambulances until a call. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Response: This azea of Aspen is a mixture of healthcaze services and public services. The hospital is located on this pazcel as well as the Whitcomb Terrace senior housing and community center. The Schultz Health and Human Services building is adjacent to the Hospital campus and shares the access to the Hospital and ambulance barn. The District's facilities are located to the rear of the property below the Twin Ridge neighborhood and adjacent to Meadowood road. However a steep hill blocks the view of the existing barn and the proposed shelter from Meadowood Road and the majority of residents in Twin Ridge. The use of the shelter and the proposed location support the existing uses of the property which aze healthcaze and public service related. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood chazacter. Response: The shelter will simply cover the ambulances that already use this location to pazk. The location of this parking pad is tucked out of the flow of traffic and will not alter Aspen Ambulance District Temporary Use Application & 8040 Greenline Review January 11, 2008 current traffic flows of the ambulance facility or the Hospital. The service drive that provides access to the ambulance facility is for employee and delivery traffic only. All traffic entering and exiting the Hospital campus (except for Whitcomb Terrace and the CEO home) use the Castle Creek Road/Doolittle Drive intersection. As part of the Hospital's Master Facilities Plan a loop service road will be constructed that will sepazate Hospital traffic between two intersections. In addition, renovation to the emergency room and entrance to ER will create a discreet travel lane for emergency service vehicles. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, pazcel, property or location as proposed in the application. Response: The District purposes to install the ambulance shelter as soon as possible to protect the vehicles during this winter season. However, the District does not want to take down and set up the shelter every winter season. In addition protection from summer sun is helpful as extreme heat is not good for the vehicles and the on-boazd medical supplies. As discussed in the first part of this application, the District will pursue a GMQS approval for an Essential Public Facility in order for the shelter to remain set up until such time that the Hospital develops the added garage space. This is the only temporary use request for an ambulance shelter. E. The purposes and intent of the zone district in which the temporary use is proposed. Response: The Hospital campus is zoned Public. Permitted uses include a hospital as well as public and private nonprofit uses that provide a community service. The ambulance facility and the temporary shelter support the emergency service aspect of the site and aze consistent with the permitted uses and intent of the Public zone district. F. The relation of the temporary use to conditions and chazacter changes which may have occurred in the azea and zone district in which the use is proposed. Response: The District is in need of shelter because the purchase of Mountain Ambulance added two vehicles to the fleet and the fire stations, where two of the ambulances will be relocated, have not been completed. The review of the Master Facilities Plan and eventual upgrades to the hospital facility will provide an opportunity to efficiently and appropriately shelter the District's vehicles however that review is forthcoming in the spring of 2008. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Response: Protecting the community's emergency response vehicles supports and enhances the general public health, safety and welfare. Aspen Ambulance District 4 Temporary Use Application & 8040 Greenline Review January 11, 2008 Exhibits: I. Consent to Pursue Land Use Review from Pitkin County and Aspen Valley Hospital 2. Sketch of shelter 3. Survey with Shelter Location Highlighted Aspen Ambulance District Temporary Use Application & 8040 Greenline Review January 11, 2008 EXHIBIT l Qilkia~auulY December 26, 2007 Ms. Jessica Garrow City of Aspen 130 South Galena Aspen, CO 81611 530 E hhin Sweet ~ Aspen, Colorado 8161 I-1948 Re: Aspen Ambulance District Temporary Shelter - 0401 Castle Creek Road Deaz Jessica: Pitkin County is in support of a Temporary Use Application and GMQS Exemption which the Aspen Ambulance District is applying for with the City of Aspen. This application is for a temporary shelter and ambulance pazking/storage on the above named property. We believe that this is an appropriate use of this property until ambulances can be relocated to the new fire stations. We also understand that Aspen Valley Hospital is proposing a carport for three ambulances in their Master Facilities Plan. Sincerely, PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS Michael M. Owsley, Chair Adminiuntbn County Commissioners County Attorney Finance and Use Tax Suhe 301 Suite 301 Sutra 302 Suite 201 ryrq v2o s2oo (970) 920-5200 (9ro~ seas roo Ivm~ v2asz2o tax 920.5198 fax 970.5198 fax 920.5198 fax 9245230 _. JHtY-:(-CUUt3 FK1 Uy~;;d h.17 H=pen 'ial.ey nosp Htlmin "HAY IVU, :1lJ 544 IDCn Y, Ji~Ui ~~"w A S P E N V :1 L L E Y ~~H 0 5 P I T A L J `r $rng7 utnu;71 rota+, inryd caoueh ro rtrm January lU, 2008 Ms. Jessica Darrow City oi' Aspen 130 S. Galena Aspen, CO 81611 Re: Application for Ceriiticxte of Temporary lJse Permit & 804U Greenlire Review Dear Jessica; Aspen Valley Hospital (AVH) is in support of a'Cemporary Usc Application and 8040 Greenline rtiview which the Aspen p,tnbutanee District is applying Ibr with the City of Aspen. This application is for a temporuy shelter and an~bulancc parking(storage on the above named property. We believe that this is an appropriate use of this property until an ambulance can be nloeated to the forth Forty Pire Station and the earpcut is constricted as pal't of Phase III ol'our Master Facilities Plan. `Sinccrcly, `~~~ ASvi~-Ytessler C>r0 Cc: Rich Walker Leslie Lamont aao~ cas'rce cagier; errs nsoen. ~e_cra,:co ett.~i ,~c ..,i>.: r.~:... _. ., .. ,. ~~ --~- t„1 W~ b tl W V 0.a ~ M C V~ q ~/ / / !p / / N I/ T -- 7 ~~ _~ // U w U /~~ / ' ~i ~~ ~o N I ~« ~ [~ i ~~ a.. 1 L: R f.1 ~~ I i 5 x N I ~ p ~ R i P~ ~ ~ ~c~uv~ VICINITY MAP men c• t' = 2000'