HomeMy WebLinkAboutagenda.council.regular.20080527CITY COUNCIL AGENDA
May 27, 2008
5:00 P.M.
I.Call to Order
ILRoII Call
III.Scheduled Public Appearances
a) Proclamation -Month of the Young Child
b) Proclamation -Sport Teams
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) Resolution # 45, 2008 -Contract -Anderson Park Historical Assessment
b) Resolution #46, 2008 -Contract Photo Voltaic at Water Plant
c) Resolution #47, 2008 -Contract -Aspen Grove Cemetery
d) Resolution #30, Series of 2008 -Property Acquisition Lot C Stage Road Burlingame
Ranch
e) Minutes -May 27, 2008
VII.First Reading of Ordinances
a) Ordinance # 16, 2008 -Code Amendment -Landing TDRs on Landmarks P.H.
VIII.Public Hearings
a) Ordinance #1, Series of 2008 -Subdivision Approval 434 East Cooper (Bidwell Building)
b) Ordinance #4, Series of 2008 -Code Amendments S/C/I
c) Ordinance #15, 2008 -Exemption from Commercial Core Moratorium
d) Ordinance #12, 2008 -Establishment of TDRs 612 W. Main
e) Resolution #38A, 2008 -Eligibility for COWOP - ZG Master Plan
f) Resolution #386, 2008 -Initiation of Zupancis -Galena Master Plan
IX.Action Items
a) Resolution #39, 2008 -Appeal from Ordinance #48 -Aspen Institute
X.Information Items
XI.Adjournment
Next Regular Meeting June 9. 2008
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
~•
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
~j~^'scott Chism, Project Manager, Parks and Recreation Dept.
Stephen Ellsperman, Parks and Open Space Director
Jeff Woods, Manager of Parks and Recreation
May 9, 2008
May 27, 2008
Resolution #2008-~ Approval of the Professional Services
Contract for the Anderson Park Historic Assessment Project
REQUEST OF COUNCIL: At this time we are requesting you to authorize a Professional
Services Contract for the ANDERSON PARK HISTORIC ASSESSMENT PROJECT for the
amount of $39,954.00.
PREVIOUS COUNCIL ACTION: City Council concurred with the approval of the 2008
budget for pazks and open space projects, which included a $50,000 budget for this project.
BACKGROUND: The Consultant, Smith Environmental and Engineering, was selected from
two (2) specialized consultant teams who submitted proposals to provide historic assessment
services of existing structure and landscape conditions at Anderson Pazk. Anderson Pazk is a city
owned property located adjacent to the Roaring Fork River at 1101 East Cooper Avenue that
currently has a log cabin and some smaller outbuildings that aze considered historic. Consulting
services will include site survey, historical reseazch, structural assessment, azchitectural and
landscape assessment. Recommendations for preservation and potential uses for the historic
property are also included in the work scope.
The Anderson Family had a strong tie to the Aspen azea with a rich family history in ranching.
The Anderson Subdivision was created in 1979 and consists of two lots. Lot 1 is approximately
54,477 square feet and Lot 2 is approximately 6,087 square feet. The Anderson Family lived on
Lot 1 and sold Lot 2 to a private individual. Lot 1 is the fathering parcel and sits adjacent to the
Roaring Fork River. Lot 1 was purchased by the City in late 1999 in order to acquire a trail
easement along the river for the development of the Benedict Trail, which was proposed to
extend from Herron Pazk to points upstream and to convert the lot into a one acre park. The
property was acquired as the "Bill and Hildur Anderson Pazk" for $1,475000.
DISCUSSION: The City Pazks Department began management of the new park space and
associated buildings in eazly 2000. Since that time, staff has arranged internal remodeling to the
historic cabin in order to make it habitable as an employee housing unit. Currently, the city
forester lives in the cabin. A thorough structural, historical, architectural and landscape
Page 1 of 2
assessment of the property is necessary as is a management plan for the cabin, secondary
structures, and adjacent landscape. Staff has performed annual weed control and basic landscape
maintenance on the grounds since 1999. No significant changes to the buildings or landscape
have occurred since the City Pazks Department began managing the site in 2000. The outcome
of this proposed project will help staff and City Council identify possible appropriate
uses/opportunities at this property. City staff is seeking specialized consulting services primarily
due to the specialized nature of the necessary assessments but also due to existing staff workload
commitments.
FINANCIALBUDGET IMPACTS: A project budget of $50,000.00 for this historic
assessment project was established in late 2007 and approved by City Council.
The Consultant, Smith Environmental and Engineering, proposes to complete the Scope of
Services covered under this Professional Services Contract for Thirty-nine Thousand Nine
Hundred Fifty-four Dollars ($39,954.00).
ENVIRONMENTAL IMPACTS: Presently, there are no anticipated significant environmental
impacts that would result from this proposed project.
RECOMMENDED ACTION: Staff is recommending Council approval of the Professional
Services Contract for the Anderson Park Historic Assessment Project in order to allow the
reseazch, analysis and recommendations for preservation and potential uses of the existing
structures and landscape to be completed.
ALTERNATIVES: Council could choose not to approve this Professional Services Contract,
which would delay the reseazch, analysis and recommendations for the existing structures and
landscape at Anderson Pazk.
PROPOSED MOTION: I move to approve the Professional Services Contract between the City
of Aspen and the Consultant, Smith Environmental and Engineering for the Anderson Pazk
Historic Assessment for the amount of Thirty-nine Thousand Nine Hundred Fifty-four
Dollars ($39,954.00).
AGER COMMENTS:
ATTACHMENTS:
Attachment A: Professional Services Contract
Page 2 of 2
RESOLUTION # L~/S'
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND SMITH ENVIRONMENTAL AND
ENGINEERING, SETTING FORTH THE TERMS AND CONDITIONS
REGARDING THE ANDERSON PARK HISTORIC ASSESSMENT 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 Smith Environmental and
Engineering, 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 Smith Environmental and En ing_eering
regarding the Anderson Park Historic Assessment, 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 May 27, 2008.
Kathryn S. Koch, City Clerk
Attachment 'A'
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Smith Environmental and Enaineerina. ("Professional").
For and inconsideration of the mutual covenants contained herein, the parties agree as follows:
Scone of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit "A" attached hereto, and by this reference incorporated herein.
Comkletion. Professional shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete alLphases 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
September 29a'. 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.
Pavment. 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 $39,954.00.
Professional shall submit, in timely fashion, invoices for work performed. The City shall review such
invoices and, if they are considered incorrect or unfimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
Non-Assiarrability. 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 extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
maybe 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 temrination. No fees shall be earned after the effective date of the termination.
Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by
the Professional, and the City may withhold any payments to the Professional for the purposes of set-
off until such time as the exact amount of damages due the City from the Professional may be
determined.
Covenant Aeainst Contineent Fees. The Professional wazrants 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 s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any
other consideration contingent upon or resulting from the award or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor who
agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant
of the City. City is interested only in the results obtained under this 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 the employees, agents or servants of Professional.
Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents,
employees, servants and subcontractors during the performance of this contract. Professional shall
indemnify City against all liability and loss in connection with, and shall assume full responsibility for
payment of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
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 aze 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 arises out of any workmen's compensation claim
of any employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is detemvned by the fmal judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment 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 insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8
above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or
maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, 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. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
(i) 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 may be substituted for the Workers'
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of ONE MILLION DOLLARS ($1,000,000.00) each 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 contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than ONE MILLION DOLLARS
($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate
with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in
performance of the Scope of Work. 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 contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) 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 insurance,
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, conditions, and minimum
limits aze in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall identify
this contract and shall provide that the coverages afforded under the policies shall not be canceled,
temunated 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 constitute a material breach of contract upon which
City may immediately terminate this contract, or at its discretion City may procure or renew any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City
may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any 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 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
City's h~surance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance
Department and aze available to Professional for inspection during normal business hours. City makes
no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide
Professional reasonable notice of any changes in its membership or participation in CIRSA.
Completeness of Ageeement. 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
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City: Professional:
City Manager Peter Smith
City of Aspen Smith Environmental and Engineering
130 South Galena Street 12071 Tejon Street, Suite 470
Aspen, Colorado 81611 Westminster, Colorado 80234
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 forbeazance or indulgence
by the City in any regazd whatsoever shall not constitute a waiver of any term, covenant, or condition
to be performed by Professional to which the same may apply and, until complete performance by
Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy
available to it under this Agreement or by law despite any such forbearance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to
the contrary contained herein, this agreement shall not be binding upon the City unless duly executed
by the 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.
Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
(a) Puraose. During the 2006 Colorado 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 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 aze defined in the new law and by this reference are
incorporated herein and in any contract for 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
aze 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 shall continue to apply to participate in the Federal Basic Pilot
Program and shall in writing verify same every three (3) calendaz months thereafter, until
Professional is accepted or the public contract for services has been completed, whichever is
eazlier. 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
pertaining 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.
General Terms.
(a)t It is agreed that neither this agreement nor any of its terms, provisions,
' ~ ` 'conditions;.. representations ot+ covenants can be modified, changed, temunated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there aze 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 WHEREOF, 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 deemed an original on the
date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY:
WITNESSED BY:
m~
By:
Title:
PROFESSIONAL:
Date:
By:
Title:
CITY OF ASPEN, COLORADO:
~~P/ L <J~/7h
2',Ii
Date:
APR. 1. 2008 10:13AM
CITY OF ASPEN
CONSULTING SERVICES
FEE PROPOSAL FORM
Anderson Park Historical Assessment
N0. 6500 P. 2
Exhibit 'A'
The proposal must inctude the following breakdowns of cost along with employee billing rate schedules of the
Consultant Team. The Consultant Team shall bill the City on an hourly basis not to exceed total fees for each
phase as listed below. Progress payments shall be billed on a monthly basis.
SITE SURVEY...... ~ ................. ..................................~_
HXSTORICAL RESEARCK .................... ......... ... ......$_
LANDSCAPE ASSESSMENT ...................................5_
STRUCTURAL ASSESSMENT.-, ,••...,,•••••••••••••••••••••$_
ARCHITECTURAL ASSESSMENT ..........................5-
REIMS URSABLES ............................................... S.
TOTAL..........
10,627.00
5,575.00
4,220.00
9,510.00
7,134.00
2,888,00
39,954.00
TOTAL FEE W12I77EN: Thirty-nine thousand, nine hundred fifty-four dollars
ComparryName Smith Environmental and Engineering
Contact Name PeterSmith, Principal
6.0 ADDITIONAL INFORMATION
Since the RFP did not specifically state where the approach to the project is to be discussed in the
proposal, we have chosen to present it in this section.
6.1 SMITH'S APPROACH TO THE PROJECT
The goals of the historical assessment are to:
I. Document the existing site and structures
2. Research and analyze the history of the existing site and structures
3• Develop a preservation plan for the existing site and structures
4. Analyze and develop recommendations for possible additional uses of the site and structures
The specific work tasks described below will be completed by the SMITH team to achieve these goals
' 6.I.I Site Survey
In consultation with CHS and the City of Aspen, the methodology for the reconnaissance survey will
I be finalized. The methodology presented herein is what SMITH's cost is based upon. The SMITH
field team comprised of Brian Kelly, John Feinberg, and Rodd Wheaton will conduct a pedestrian
survey of the park. The structures in the park (log cabin and outbuildings) will be recorded in a
I manner that, when combined with historic research, will allow evaluation of their relative importance in
history, including but not limited to the following:
• Is the structure a nationally significant resource - a rare survivor or the work of a master
architect or craftsman?
• Did an important event take place in it?
• National Historic Landmarks, designated for their "exceptional significance in American
history"
• Many buildings individually listed in the National Register often warrant Preservation or
Restoration. Buildings that contribute to the significance of a historic district but are not
individually listed in the National Register more,freyuently undergo Rehabilitation for a
compatible new use.
6.I.2 Historical Research
The SMITH team will conduct research of the park, log cabin, and outbuildings and provide a
professional evaluation of each resource's eligibility. A brief chronology of additions and alterations,
and past and current use(s) in relation to these modifications will also be provided.
SMITH will complete a comprehensive assembling of what is already known about the park area.
Information from history and other social and cultural background research will be collected for study
by reviewing publications, manuscripts, site records, photographs and images, state files, and any
additional materials referencing the project area. The goal of the file search will be to identify the type,
location and distribution of previously recorded cultural information; to gather information on past
surveys and other investigations; and to identify current research issues pertinent to the project; and to
identify what may affect site integrity, visibility or treatment.
SMITH ENVIRONMENTAL AND ENGINEERING 3 5
6.I.3 Landscave Assessment
SMITH will briefly describe the park's landscaping and identify whether any of the existing
landscaping is significant. As part of this landscape assessment SMITH will identify and describe
plants or plant arrangement in a historical context. This information will be reflected in the
preservation plan.
6.I.4 Structural Assessment
SMITH will describe in narrative form the structural characteristics of the log cabin and outbuildings.
This structural assessment will not be a destructive investigation. This will include an evaluation and
description of elements, features, or spaces of the log cabin and outbuildings. Elements that are
"right" with the historic building will not need a lengthy discussion or evaluation; they will merely be
described and found co be okay. Elements, features, or spaces that are "wrong" will be analyzed and
described in detail for both cause and effect. A structure assessment will also include a discussion of
the current state of repair and integrity utilizing good, fair, and poor descriptors of the Colorado
Historical Society.
Lastly, the structural assessment will discuss proposed use (s) including the functional needs and
potential impact to the existing structures and an evaluation as to whether or not the intended use is
appropriate for the structure in accordance with the Secretary of the Interior's standards. Historic and
current photographs and illustrations will be provided within the narrative or in a separate section to
further describe and document the historic conditions to assist in developing an understanding of the
needs of the structure.
6.I.5 Architectural Assessment
The SMITH team will briefly describe the structure's architectural style including character defining
interior and exterior spaces of the log cabin and outbuildings. A brief chronology of additions and
alterations of the original structures and past and current uses relative to these modifications will be
described.
The floor plan of the structures will be graphically represented in accurate proportions. A local Pitkin
County professional licensed surveyor of Colorado will be utilized to complete a survey of the
structures and park perimeter.
After the landscape, structural, and architectural assessments are completed, a public meeting will be
held to solicit input from citizenry regarding appropriate future uses of the park and its structures.
SMITH will be prepared to give a summary of the three assessments at the public meeting.
6.I.6 Preservation Plan
A draft preservation plan will be completed and submitted to the City of Aspen for review.
Preservation plan will recommend treatments and prioritize the work into a logical order. It will rank
the most urgent work such as deterioration, structural weakness, and/or life safety issues over less
urgent repairs.
If recommended treatments occur in more than one phase, SMITH will propose a logical and
sequential phasing plan. This phasing plan will consider mobilization, seasons, construction
sequencing, protection of building, and current uses. A dated cost estimate will be provided that
SMITH ENYIRONMENTALAND ENGINEERING 36
' reflects current market conditions and will include a percentage cost increase to account for inflation if
the project is phased or delayed. Historic and current photographs and illustrations will be provided
within the narrative or in a separate section to further describe and document the historic conditions to
assist in developing an understanding of the needs of the structure.
SMITH will prioritize recommended treatments for elements, features, or spaces. Recommended
treatments will be prioritized from high to low, i.e. critical deficiency to minor deficiency.
The preservation plan will incorporate recommendations from the landscape, structural, and
architectural assessments. It will include the information collected by the licensed surveyor and
conditions of the park site and structures. It will also reflect information obtained during the public
meeting. The recommendations provided in the preservation plan will include:
I. Immediate stabilization of existing sites/ and/or structures
2. Long-term preservation of the existing site structure
3. Potential appropriate additional uses of the site and structures
For each element, feature, or space of each structure SMITH will recommend treatments within the
context of the selected treatment approach. Sufficient information to aid in the preparation of
construction documents will be provided. Alternative solutions will be provided when conflicts arise
between structural, landscape, and architectural recommendations are in conflict with one another. The
preservation plan will follow the guidelines of the Colorado Historical Society (CHS), State Historical
Fund Historic Structure Assessment. A bibliography of all consulted sources will be provided
following the preferred CHS bibliographic style.
A Final Assessment Report will be prepared and will include the following:
• Site plans illustrating existing si[e conditions and site history.
• Text and photographs illustrating existing site conditions and site history.
• Floor plans and elevations of the existing site structures.
• Text and photographs illustrating the existing site structures including architectural features,
• finish materials and structural integrity.
• Stabilization plan for the existing site and structures.
• Identification of opportunities and constraints for the existing site and structures, including
• recommendations for potential appropriate additional uses for both site and structures.
• Identification of any historic plants or significant landscape on site and identification of
• plants/landscape in historical context.
• Preservation Plan for the existing site and structures.
• Effects of flood plain on structures and site.
SMITH ENVIRONMENTAL AND ENGINEERING 3~
APR, 1.2008 10:13AM CITY OF ASPEN N0. 6500 P. 3
Exhibit 'B'
2008 BILLING RATES -SMITH ENVIItONMENTAL AND ENGINEERING
Labor Categories
Principal
Environmental and Water Law Attorney
Senior Env. Engineer/Civil Engineer/Proj. Mgr
Senior Environ. Scieutist/Project Manager
ProjectManager/Principal Investigator
Envirotmnental Scientist II
Landscape Architect II
GIS Specialist II
GIS Specialist I
Engineer I
Environmental Scientist I
Cultural Resource Technicians
Principal -Technical Editor
Editor/Graphics Specialist
AutoCAl)/GIS Technician
Of&ce Manager
Billing Rates Personnel
($/hr)
$115.00 P. Smith
$110.00 7. Sherk
S96.00 A. Duncan
$96.00 J. Manuel, IC. Sever, J. Cipra
S7S.00 J. Williams
$75.00 B. Marette, A. Ricker, D. Masters
$70.00 B. Kelly
$75.00 J. Williams, B. Marette
$59.00 B. Martin
$59.00 P. Doyle
$59.00 B. Martin
$45.00 Sabata, Cooper, Hurst
$75.00 L. Smith
$60.00 L_ Gaziepy
$50.00 R. Garcia, D. Shu11
$50.00 A. Beck
tG9 Bluing Rates
Architect! Historic Preservation Specialist
Architect/ Historic Preservation Specialist
ArchitecU Historic Preservation Specialist
Architect/ Historic Preservation Specialist
Other Direct Costa
Mileage (2x4)
Giddings drill rig on 4X4 truck
Meals end lodging
GP5 unit daily rental rate
Aerial photos
Color copying
Black & white copying (81/2" x 11")
Field supplies
Large plots (2'x3', 3'x4', etc.)
Theodolite and other surveying equipment
Subcontractor invoices
$178.00 J. Feinberg
$115.00 R. Wheaton
$115.00 D. Brooke
$88.00 Natalie Lopez
Rate
0.485/mi
$175/day
cost + 10%
cost + 10%
cost + 10%
cost+ 10%
cost + 10%
cost+ 10%
$1.50/sq ft
$100/day
Cost + 10%
$ b.
MEMORANDUM
To:
FROM:
THRU:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
John Hines, Utilities Engineer
Phil Overeyuder, Public Works Director
Randy Ready, Assistant City Manager
May 15, 2008
May 26, 2008
Photovoltaic Install at Aspen Water Treatment Facility
Contract Award to Sol Energy
REQUEST OF COUNCIL: Staff requests award of a contract to Sol Energy for the design and
installation of a Photovoltaic System at the Water Treatment Facility. The total contract award is
for $150,000 and encompasses a 20.74 kW Photovoltaic System and Web Monitoring for
increased efficiency and to use as a community-wide educational tool.
PREVIOUS COUNCIL ACTION: City Council approved annual funding for
efficiency/conservation projects and programs as part of the 2006 utility rate increases.
BACKGROUND: The proposed City of Aspen Water Treatment Plant Photovoltaic (PV)
project involves three phases of installation of photovoltaics. Phase I encompasses the
installation of a 20,740 watt advanced solaz energy system. Our goal in Phase II is to produce
another 20 percent of our electricity on an annual basis. This phase, combined with Phase I, and
an aggressive energy conservation program initiated at the Water Treatment Plant facility, should
leave us with approximately a third of our power demand to be supplied by the grid. The Water
Department plans on capturing this final third of power demand in Phase III, which encompasses
the installation of PV cells next year. This project will be a clean energy source and provide
community-wide cazbon emission reductions. Our backup power supply to the PV system is to
generate hydrogen through an electrolizer and to use the benefits of fuel cells.
DISCUSSION: Phase I will encompass a 20,740 watt advanced solar energy system for our
Water Treatment facility. Our goal in Phase I is to implement a solar energy system that will
produce approximately 20 percent of our electricity on an annual basis, for 40 years, with zero
emissions. We will own the power generation system entirely, eliminating our exposure to
energy price volatility. Phase I will involve the design, supply, financing, installation, and
Page 1 of 2
RESOLUTION #
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND SOL ENERGY. SETTING FORTH THE TERMS
AND CONDITIONS REGARDING THE PHOTOVOLTAIC INSTALL AT THE
ASPEN WATER TREATMENT FACILITY 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 Sol Energy, 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 Sol Energy regarding the installation of
a Photovoltaic System at the Water Treatment facility, 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 May 27, 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 SOL Energy, 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" 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 caze 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 August 11, 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
$148,200.39. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
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 extent of the subcontract. 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
ternmination. Upon any termination, all finished or unfmished documents, data, studies, surveys,
PSI-971.doc Page I
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-ofP until such time as the exact amount of
damages due the City from the Professional maybe determined.
Covenant Against Contingent Fees. 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 s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this 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 includmg, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
Indemnification. Professional agrees to indemnify and hold harniless the City, its
oft-icers, 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 arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subeontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
PS 1-97 Ldoc 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 insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligafions 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. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) 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 may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each 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 contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
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 contract.
PS1-971.doc Page 3
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) 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 requued 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 full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, ternunated 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 constitute a material breach of contract
upon which City may immediately ternunate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any 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 $60Q000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and aze available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
PS]-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 persons and/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:
Ken Olson
Sol Energy
PO Box 217
Cazbondale, CO 81623
Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affecrional 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
forbearance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbeazance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement 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. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Pur~OSe. During the 2006 Colorado 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
PS1-971.doc Pages
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. Defmitions. The following terms aze defined in the new law and by this reference
aze incorporated herein and in any contract for 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
aze 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 aze 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
PS1-971.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 eazlier. 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
pertaining 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.
PS1-971.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 instnunent fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no condifions 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 WHEREOF, 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 deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY:
By:
Title:
Date:
CITY OF ASPEN, COLORADO:
P~~R''O__F/ESSIONAL: / /~
WITNESSED BY:~X.- ~~ (.K
By:
Title:
Date: Z~
PS1-971.doc Page 9
EXI3IBIT "A" to Professional Services Agreement
Scope of Work
S~ Lenergy
_®
~..~e
Your Powec Your Choice.
Section 9 Specifications
Equipment SpecMicaBons
VeMbr shall describe their ablltty to meet the specificatlorro detailed In this RFP. Vendor
must provide informationlbrochures of the aqulpmwrt ltwy an proposing Induding make
end model numbers of PV panels, Invsrhsra, and performance monitoring system.
Vendor mwt kteMHy where their equipment or their company hib to meet o- exceed
the specifications regaled in this RFP. Vendors must provide warranty IMonnadon on
the equipment they aro proposing. Clarity as to how tl1e Vendor can exceed tlw
equipment specifications Iiated above rssulb In higher scores.
The major equipment components are as fellows:
tlwn Com rent MekelModel Ratl Warren
98 PV Modules She ND 216 U2 218 Watts 25 Year Warren
4 Inwrrtere SMA SB 8000 US 8000 Watts 10 Year Wartan
4 Rack Mountie
Monitoring Fat Spaniel 5 year Service Agreement
wkh abil' to extend
All the above listed equipment meets the specifications required for this RFP.
Installation Warranty
SoL Energy warrants the installatan for a period oT 5 years for workmanship, matedals and
operational functionality.
Staff Training
SoL Energy will provide Water plant staff with training on-site. Training will ineUud staff in the
operations, maintenance and safety aspects of the system.
Training materiak will include a herd copy and electronic copy of Owner's Manual which will
include aB technical spedficetions, Warranty infomu3tiar, sdrematic diagrams, and Operations
and Maintenance task sdreduki.
Technical Specfications and Wartanty information ie included herein.
Sol Enerey, LLC
PO Box 217 • CarboiMab, CO • 81823
Tel/Fax :970.963.1060 small : SoL~sol-enerpy.us
PSI-971.doc Page 10
~SEf '"e MULTI•PURPUSE I
POLY-CRYSTALLINE SILICON PHOTOVOLTAIC MODULE
WITH 216W MAXIMUM POWER
This pdy-crystaNirle 316 watt modals faturos 13.3%moduk NficlwKy
for an outstanding baknu of size and weight to power and parfwmMx.E.
Using breakthrough tedrrrobgy perfected by Sharpk 4g years of meards
and devekspmenLThe ND716U2 modules inwrporate an advanced wrfam
texturing process to inasase light absorption and improve alfkianq.
Common applkatlons Indude comrtre+6al and resMentlal4rld-tkd roof
systems aswell es gmund-naunled arrays. Desigrud to withstarW rigorous
oparodrg conditions, SMrpY FD-216U1 nptluksoRer Ngh Poa'ar
output Ptc sMro foot d sdar arra%
PSI-971.doc Page 11
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Td:l-BOPSOLAPd6 • EmeY:shupwWl~srpusamm • wwweMrWse.mMSdu
lax~aY:SObrbUYtleeMlseelnPerYrymRat MiMlou o20P19un9xris[oryolYqu•uligenmwwl. 56F7Nm-wt
RWAYINYLI
PS1-971.doc Page 12
n~ ~~PP' e
SHARP ELECTRONICS CORPORATION
PHOTOVOLTAIC MODULE LIMITED WARRANTY
Sharp Electronlca CarPoralbn warrams b the list mroumer purchaser Bret m>s Sharp DraM
product (ihe'Producl7, when ehlpped in Rs origkd mrdainer, wRl lie tree from defedtre
wlxkmarwMP and rtrateABls. and agrees Chef R wN, at 6a op8an, ai6rer repair the dated or replace
are detectlve Product a pert 0rereof wim a new a rerrrenufectured equlvalem et no drerge b lire
purWaer for Pert or labor for the perbd(s) set brm below.
This wartarey does not appy ro any appearance Rama of the Product nor ro the addRbrml exduead
ibm(s) set forth bebw rra ro arty Product Ure exlerta dwhkh has been dartreged a defaced.
whkfi hoe been subjected ro misuse, abnormal aervke or hardRng, or wludr has been aNered a
rtndfled M deeipn or oorletrucllon.
In order ro enforce 8fa rights under Sue smiled wmremy, the purchaser shout fo8ow the steps set
corm below and provde proor of Pachese ro me servicer.
The Ikniled werreMy descried herein is M add5ion ro whebver Implied warrentbs tray be granted
ro purd>nsas by law. ALL IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF
MERCWINTABILITYRND FlTMESS FOR USE ARE LIMfTED TO THE PERIOD(S) FROM THE
DATE OF THE PURCHASE SET FORTH BELOW, Sane stales do rwt allow IknRatiorw on how
l0^0 en implied wanardY leek, w the above Bm6etlon may nd apply ro You.
Neltlrer Die sales pereonrrel of 8re eater nor any Omer parson ie aullwrized b make arty wertantiea
other then moss desalted herein, ar ro extent the duretion of erry wuren8es beyond Ure time
perbd desamad above on beha8ot Sharp.
The wartantlec daeaibed herein shag be the sale and exGUSive warrentiec granted by Sharp ant
shag be 8re sob and exckuHa remedy evailabk b the purchaser. Corredbn of defect, M the
manner and for the period of tkne desaibed haek6 slraN care8tute complete fulWlmeM of aR
Ikbabba and resporelWlltles of Sharp ro me purchaser w8h respect ro the Product and shag
eorffiRlde fug EaSefadl0n d al dairne, whetMr based on tdttretl, nagigence, strki liability a
otherwiee. In ro event ehdl Sharp he Roble, a M any way reeporreble, for arty dernegee a dererua
b fhe Product which were caused M repairs or eBemPfed repairs perfomred by anyone other than
an au6rahed eervlcer. Nor shall Sharp be Roble a In arty way reaponePole fq any Nrddental a
ooneequen8d economic a property damage. sane states do not a6ow iha exduelon a IrMJderriel
or conee9uentlel damages, so the above exrAubn may rwt appy b you.
THIS WARRANTY GIVES YOU SPECIFIC IEGAL RIGHTS. VOU MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE.
NTSSE7U, NT-18307, NT-111001, NT-RSE1U, NT-17501, NT-17001, N6218U2, NG218U1F,
ND-206112, N0.206U1, N0.2116U1F, N0.206U1, N0.20002, N0.20001, N0.20001F, ND-18702,
N0.187U7, N0.187U1F, ND-18102, N0.181U1, N0.181U1F, ND-167U1V, N0.167t12, ND-18701,
N0.167U3, N0.16709/1, N0.167tHF, NE-17007, N6G8E2U, NE-16305, NE-16607, N&160Ui,
N0.182U2, N0.182U1, N0.102U1F, N0.18007; ND-1tiW9, lW-L5E1U, tM-LSEtUF, ND
12302, N0.126U1F, ND-WE1U, NDd~E.IE, N0.L9EJEA, N0.LSEJEF, N0.12SJEF, N0.129U.~,
ND-80RU7, ND~62RU1, ND-82RU1F, ND82RU2, NE-BOE1U, NE-BDEJE, NE-BOEJEA, NP
SHARP ELECTRONICS CORPORATION
Sharp Plaza, Mahwah, Nee Jersey 07430.2136
PS1-971.doc Page 13
SHARP.
QOE2U, N6NBEIU, ND~N2ECU, NDdi2ECUF, ND-NOECU, NE-K1Z6U2, ND-72ELU, ND-
72ELUF, NO.72ERU, ND-7~ERIIF, ND-70ELU, ND-70L°RU
(Be suro to have Nb intarrnetlon ava8able when you need servke for your product.)
Wartarav Parted for the Prodan:
The warronly period for rtraknel detects end vrodanerrehlp b one year from dale d purdaare. The
wartanly period w8h respect b Pones output tontlrarse for a idd d 25 y.aro from dak d
puroheae, the Poet 70 years d 0096 ndnimum rated power output and Bra belaroe d 15 years rt
80'X mYtkrhim roEed power output.
This warranty b 6aneferoWe when product remains inete8ad in ariginN Iccallon at the Itne d
product vrertaray repb4a6on.
Additional Item(s) r dt,ded from Warranty Coverage
Warranty wverege does nd apply when:
a) the Product b impropery inste8ed,
b) 8re Pradrat b irWsYed k a mablle or marine envkonnaM, au6jeebd to wnPrWar va8a8e or
powx wyes a abrrortnd envirormsntd wnditlats (such as add rain or other po8utbn).
c) 8re wmppwne In the wnWuc0on base w vRridl the moduk b mourned are defedlve
d) erdernnal carceion, mdd diecolora8on a the Bke omaa.
Whsre fo Obtaln tlsrvviu: Warranty eervke b ava8ebla al a Sharp
AuBforme0 DHlar located M Vle UniMd 9tetea. To
PoM 8re localbn d the nearest
ShvP AutladzW Daabr, crdl Sharp tog
free rt 1-800 SOLAR08 (800.786-2708).
CaA toA free rt 700.785.2708 b obtan a Realm
Autlarketlon Number xd ahippin0lromrctlone.
Proof o/ Purehaae ml be reQu'sed.
SNp prepaid or carry k your Product to a Sharp
AuBadaed Dealer. Be suro to Mve Proof d
Purclnw ave8eble. M you ahlp Ire Prodtun, be
euro 8 k inaraed and padra0sd seeurey Sharp
wA rat be reeporN8lk far 8re web d de-
NateBatlon or reMwtNkdon.
SHARP FIECTRONI(S CORPORATION
Sharp Plaza, Mahwah, New Jereey 07430.2135
PSl-97Ldoc Page 14
~~®d
> Grtiifed ro tFre new
UL 1741/IEEE 1547
>.10 yr, standard warranty
> Hipha~t CEC ~nrY
in iy doss
>. hgsgidsd load6reak
raNd AC tasd.DC
diatonn~d swAdr
s iht+Gtal~d fated caries
priiipwmbirer
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_endown60plieool.
CompnFnrniw SMA
taamaokaNonsand.
data aolMdionopHons
> Idad for rosidaMid or
conmiwdd appNmliom
>'Sryusy.Towrr
>eo~h'hk
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SM/~b proud b Introduce our now Bns of inverlen updated wflh our krteat technokspy and designed
spsdHca~ly b m4et 1hs new IEEE 1547 roqufremenh. The SB6000U and SB7000U an aka oampat
7Wt vvtlh' SMA'a new Sunrry lower. Increased efHdency mtons boner periormarrce brad shorter ~ ~^ ~~
payback psrlods: AA three modek are FialdconApurobk for passive ground syatema making them ^41
mots wnalds than stet. Wsh over 500,000 Hdded amts, Sumry Boy has become the 6enchmwkfor
FNTnvsrM psr(ormanee and reBabBty throuphom the wodd.
PSl-97t.doc Page 15
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SMA America, Inc.
PSl-97Ldoc Page 16
SMA Factory Warranty
~7/~-,
10 Year Warranty
A ten year warrant' appNes to the Followingq products: Sunrrryry Boy 587000 purchased after October 1° 2007,
SB3000US,SB41)0005,S85000US,SB6000US,SB7000~US.
5 Yaar Warranty
A five year warrant'y applies to the following products: Sunny Boy 587000 purchased before Ottober 1" 2007,
$B1100U, SB1800U, 5B2100U, SB2500U, 5833000, SB3800U, and Windy Boy. A five year warrant' also
applies b Sunrry Beam, Sunny WebBox, Santry Matrix, Santry Sensor Box, Sunrry e%' control jUght Plum purchased
a((br April 1 °, 4005.
2 Year Warranty
The Ivvo year warranty oppUes b the Following products: Santry Beam, Santry WebBox, Sunny Matrix, Santry
Sensor Box, Santry Boy Conhol iUght Plus) purchased before April 1 °, 2005.
Ths SMA factory warrant' covers arty ropa6 or replacement part costs Incurred during the agreed period,
beginning on the device's purchase dale, wbjed to the wnditionc listed below. This is not auociated wBh the
durobilly warrant'.
for devices purchased after April 1 °, 2005, you can acquiro on extension of the SMA fachory warranty, valid For
10 yean from the date of purchase. The pikes aro based on the rospective SMA price Nat wlid M the time the
purchase confmct was agned. Please coMatl the SMA Techn(cal SeMce Line for more details at +1 530 273
4895 or try fax at +1 530 274 7271
Warranty Conditions
If o device becomes defective during the relevant SMA Factory warranty perlod, one of die folowing seMce:, as
selected by SMA, will be performed at no charge for materials or labor cock:
• repair at SMA, or
• repair on sih, or
• exchange br a ropkscemenl device of squivalsnt value according ro model and age.
in this case, die romainder of Me warranty entitlement Mn11 be hanaferrod to the replacement device. In such an
evert, you would not receive a new certificate, as your enfitlsment is documented a15MA.
Upan acquldtion of a vmaony extension after ex try of the standard warrenly period, the extension only begins
after a grace period of four wesb after receipt of the warranty extension order of SMA. Arty ropain dudng this
period aro at the cuaromer':expense.
for determination of warrant' entitlement, pplease submit a copy of the purchase receipt, or a rnpy of the wartanty
certficate, and if applicable, evidence of Itre wartany extension. The type plats on die device must be completely
legible. Otherwise, SMA is entitled to refuse fo provide warranty services.
SMA Amerin, lne.
14438 Lome Rica Drive
Grass VoA•y, CA 95945,
US1
IriFoOanmamarlw.com
www.smo-arwiw.com
Tel, +I 530 473 4895
Fox +1 530 274 7271
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PS1-971.doc Page 17
%sax report dsfsctiw devices ro our SMA TechNcal Servks Line of+1 530 273 4895 or by fmc at +1 530 274
7271, Providing a brief dsscrlpHon of the (Dolt On workdays, we @enerally xnd on equtw nt replacement do-
vice, packaged appropriakly for lranspoM, within 48 hours. The defee8va device is fo be packed in IFiia hnnrport
padroging far rolum transport ro SMA. If the warrant' applies, and if SMA has a branch, a service porMer, in the
country to which the device is operated, the transport casts arc covered 6t' SMA.
Exdusfon of Liability
Wonany claims and liabiliy for dtrcct or indirect damage arc excluded d adaing from:
• hansport damage,
• (nconett Insrolbfion or commisatoning,
• failuro to observe the mainterwnw regulations and intervok,
• moddica8ona, cfwnges or attempted ropain,
• incamed ux or inappropriate operation,
• inaufBcieM wnHloNon of the device
• bluro ro obxrw the applicable sofey roguloNom,
• Force majeuro (e.g. Iighming, owrwhoge, srorm, Nrol, or
• casme8c shortcamings which do not influence the supply of energy.
furthsweaching or additional claims due ro dirod or indirsd damnggs, sspscialy claims for campensatton for
damages dos b bsa of pro8b or due to costs arising from disasxmbly and mountlng, arc excluded if no IegaBy
mandarory ItoMlty applies.
In addlAon, our general Aenns and cond'aiom of dekvery apply. Thsy can bs dowrJoadsd (ran www.anoarrrerico.com. 8
nsquested, we can also send you a copy of our general terms and conditions of dekvery. Pleax canted our SMA
Technical Service One at+l 530 273 4895, exF. 100.
Poye2dZ
s
~'
PS1-971.doc Page 18
DIRECT POWBi 8 WATER WRPORATON
~ OP-ROM/SH21&OP~~SDEO~de'CLEMENCE 1
_ gq, WILLO JR
ENERGY ,o
LLC. dn`-21-Oa
PSl-97Ldoc Page 19
\.:.Lomm~rcial:$olar F,IeGfie~gtgnnqrinp Solutions. Syatab.t)wiNC ;;:
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Renewable energy is a great asset for any business. Whether you have
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When you generate you own coiar electric energy, you'll miuce your Irla Yaa etrdwSfibaaNM.ram
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PS1-971.doc Page 20
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you gaytn~by mroldingueege spikes and schednling yomhavkause of wind spsad and dherlbn
dechid when a rhea while to tlr dorm
tY ~'BY PPeG ~P~Be^a6Y Bnd B - Elearlnl Mmand
muwronwnt
peak pridng tim®. - GII modem-6aaad Imanwt
epnmunbatlona
- Loaby Nona dlrpay
Mareme Your Solar Elatdrie System ERldettey and Uptime m ~
Yes an't menage what you ®n't measure. With the real-Erne and historical . ererell Imteaarauppan
data fhe[mu monitodng system makes available onEne, yourirafalier paW,vdaaowaeeYd
a mainterlente provider or dietrlbutad utility provider hoc aoresa to gwabagmappnpMe dMe
the pa{ornlarlm data they read to make acre your ayelanleworidng -Manlarkpdbalarydwpa
ae it ehadd be. They tan oleo get automatic alerts rotitying Elan of any °O"VOW
techninl issues with your building's solar ekcEic system, before yes ere
even aware there rs a problem. This can rtlirdnslze system downtvre and
dfidency Dees a~ helps eroure you`re getting yourmorey'sworth
Cooled your syslan mstaga or nll us at Fat Spaniel Technologies to teay.ewrmwap.s lr.
Cmd out how we can hdP You Bd abetter return on yourdmn energy res. e.m,a..sYwt
slhmw
Invesbrtent [odayl amlawGSSa3saH
n:tssassasr
sx uutesm
wnwMabp.siNmm
.rMr~wsa mm
aveyresmw~p.eum~YSYwY~ uryr.~..~..a
rrr.:dose+awrn.rwrwwnrrmYeY~Ypmv.dr+aa tlvwm.wn..wwarY~YewmnMtasp.anewyss nom.
MV
PS1-971.doc Page 21
Soler Electric Data Sheet
~ Fat Sp~NI"
~= ` TECH NO tDdIE.S
t3enefl7p
•11r7nnwee ateMMinaN
Soler Fraetrk 9yatems
• Aarrsawtem date ans6rna, ham
etwYWb GOww.
• raeaepa salt dewHe OPandwu
and aW naruwa man al6aiennr
• Teak pndtlpM, asap, aM
ambarnweMeMWeswM.W-
tlmseMhYteebel date-Me oMhte
dseanlsede orb web atean
•ars.ow eaeromwaatgtaadon
s+b-aroravad eerNee end paear
•EdueNa wxenawegrouglr Web
viww sad watheq Nave w
o6wlM ae4awebro Wlmma
ewlraero new eubmnen
Pat 6aamtl TetlraWeaier, trc.
2waeam Or. smw
9MAav
awban G9611&IBEr
nl anmmax
Fu: em831.111r
warw.Itlq,eMdam
eebe46pNdmm
Solar Electric Systems:
Monitoring and Reporting Services
Fat Spaniel 1'edmologiea offers monitoring and reporting services for
sder decbic sytnns. IrutaBers, integratoas, Power Pmduse Agnro-
meM (PPA) Providers and Ol?Ma look to w for information etavl~ to
maairnize system energy output and deliver tlw fughert possible zetum
on invmhnent.
Our servla pddrtg is based on system 81TR, duretlan of stouts eubscrip-
Son, type of madtndng (inverta-0irect or revenut•gade with s asps.
rate meter), and optlonel eddan. Contact one of our sales repreeente-
tive at wlea®fetapardd.mm or mll 1-408-279-5262 to get s pdce quote.
I6awrrlrr®IWa 6aa~>tyatae
TMe Base System indudw the basic hardware for revenue-grade meter-
tng tlut maehANS1 C12 cadfuation. [t ie compatlble with metering and
reporting requlrenenls fm California BPBB & PBI programs end [m dl
states and agendas requiring a revmucgrede metes Hardware lndudes~
• Gateway la detsloppinp srb menmunieedons
• Dlndmreeted NEMA 1 endeeure
Standard Mgar. Eior WetmOn
Premium Meter. Schneider EleUrie ION 6200
AveilaWe in the fo8owing urvia configtantions:
Sirgla-phew, lx0 w 2M VAC, 6A
Spot Phew, 170 / 710 VAC, 64
3-Phew, x06 VAC.6A
3-Phaw.160 VAC.6A
61nBla~phaw.lx0 or b0 VAC, mA
Split Phaw. 40 /x/0 VAC. mA
3-Phew, xO6 VAG mA
3-Pheee, 160 VAC, mA
1
PS1-971.doc Page 22
MM STllO111 HbdNari {OAa
erxr.raa
~Wnrarslom
e•, e•, a• a
1Yzt0.•xY«
u•, te• x a•
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prwaadadrrpamaM~
OpwMSq Twnparaww -lpmea•G
ryI•m tM41
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_Fy ~tp~~npfaz e1pnM~ iNEc
Itnwaa~ada /IMwa
..r M.tbBa na.sdrrm
•ACMOtepa Firer M0.6%
-AC Wnara Aaauraep •F eNF
.PaawAmwaaY• +t os%
.~fE~wnA ma,
.pryq ~nynz ANG 11210
- pOearYlna 14ngwamra
e0'C np
edndsw RrabM IBR aM IltaMwM
-AC Vqupa Enron N~0.6%
.A[Bwran Amxaop N0.816
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EB eOYr Oaaa 0.e f0.5%aaawwl aM AN51
,OpR~aSpMTam Ipw0.aly~ra-fCC~m TVC
tl'FmtSB'Fl
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ubalarraw Yalawn aed
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.Cartlecariorn.
TOp
Rcatmo-t
rann to aaa a rrwraAMR ctaas
te3%er0.6%+cuxaoyt
R WalgFarBOt .R»..~r~
InverrrDirect Base •.l^"~ d~tY m tale ~RV6t![ fO ~Be /
Inverter perfprRtende data as wellmevent rndes (wdt as faulb). \
Can be used alone or in combicuUon 1v1tl7 ~°'°~'~ Begs ~'eh°ts'
Hsdwana irdudee:
outdoor i"dOOr
•GatawayfardatetoBpinO •Gemwry lordstalaeBinB Snd
and cammunietian aarnmunrcaporn
• Condu%+eadY power •VyaB Adatttar Power Buppty
. putdoorrard NEMA 4 arrdoaun
Inverter supported:
® v ~~k ~
"rIR` R •Rlt
itwKa Roma Evann
• Max 9 par palwny
• flapWroa FroMw Cam Card and
FroWUS [Mr10R1M Intarhaa scot
• i Inwltar an • BRawW een uw
iruadaee urd easy PM I. RIB.Ot92
Mominq[er Tribrr • Max 1 qr gateway
• Mex 3 imertan and 9 charpa
Oudtad %
aanraBsn t>K BatawoY
• paquirw OutBsak HUB and MATE
Sad'xm PowarGste • Msx 1 or R per pNeway
SMA SunyBOy ' Msz B p•r Bataxay
• flpWra SMA RSIB6 wrd
SMA Sumry Gruel • 1 pun pataway
SWegAa • Msx B pr Batewry %
%antnz OT].5- 5.0 • Msx 7 per paNway
• Max 1 px gateway
• Rquirp %arrax oammunkarima
7pntrax PVS, GT700. %
~ul• PM t•152B58-0i, draPpad
GT4fi0, GTBW ahippad tnJ 7(sntrax m Fat 7.banid
fa umrerelu
Foc further details ttn added inverter hatdwar rquhEd, sde daumertt
'Inva4r Manufactuxr pturegrdsibe for Inverter Direct hMadtorlttg'.
Uowtdoad tha PDF docununt at http: / /www.farpanid.com/services/
solar electrk.html.
z
PSI-971.doc Page 23
...a... .~e.crgl 1. ~•s. ~~.. ..
s ...a.. L•AiG:..
gnpNWkb N+r dwriekewrr Wh~M 1eP
N.ee,d dra ria rerd~ w•'
drY k the Mienu0rk Wurka Seim pea: irMirn.
all Napam..d.rtleer arr•rma.
~~~ r
...
war r rss ,,..~•n. ••~TN.Y
' :W . ~~
umuWeO.fe+dlrilpMrr ra<• ' ardeTo rMrMrr~~tu
deM.siMm~rarp samrd
.arrdrwotme ma.:.d.•m prdudka.
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~_ -
~~ \J
Vii:
rt d
Cuuao Web vkw Woalot ByM.LwW,re Nor ii Wake
demrliO etp.irhow.aoW darts iwNm arudwn
raar.Peru+•a wrek radmawdumwd ee.anr.
r~ :.
_~
"" ! II ~I ~
F to
-.`...
sr.obre n,.e.kr.aldeaeaEe.rNerr.raih.arsr.e:rt
rMr+intrW.Y.rertY powraa rmo lama. Tonc~ddn h s
OT^rnk a W r f w+t rke ryrbe s rm•n m+do°Ye~
Naaknwk .Y.«m aW oc rw a.walty liaun.
As the capsdty of s solar elecbic syatarl fnaeasas w den the va~ue{ d
eneiving maximum ROI. Pat Spxdel mmdtoring makes aystCn Y"••gr•
manc4 mwe virible and vedfiaWe, dcaeaeing your rvk and irlveaeing
year rtum. As sysem stu itaxeacee
this lriaeaeed [alum bemmra evml Licanae conflamlrorlona
mere valuable. N ~NBarv
F.aap nwakarad ayaarn rwd~ a
rurpaaky gaanaa
Tlx capacity lipense is ddiguNed by
mazunum DC kW system rating, based
wt Standsrd Teat Cdrldidon (srC1 Rating.
System mPa°1Y Brame cues ere staled
in the same maximum kW ratings u the
mpnitaring eervlc®and amore that the
value of the infamatlpn ptpceeaed for
you k auppprted by a senrre and lasting
data irlfraebvcture
IJewa
Imc `s~rp~kdp° bwd on kw a
le 1.000
k0 1.600
8o rasa
eo apoo
Ts edam
100 aaOD
rso lo.osa
sot
t•Yeae and blfaar Nor3awM0 Sallow
Fat b)Tanlel provides mwdtaing services on a cubsciptipn basis for dch
mordtorOd stte. This ieuiudec the idlowing standard set of fealurn:
• ]exT monilodrp mrvice 1pr your pddiia a aByrid eyslema
• SeOUro dne alorops m a Sgg70 artlfiatl dsro oemer
• 6lmple end De1aiIW wabbsaed Nsvm
• Alerts vIa Emsil end SMB
• Beale dam tlawnbade in CSV formal Isee table blow fro
vxlabla damil.l
• Suppwte rownue-grads andlw ImrGr-0ireel trees system
• Supporu weather stadOn and building demand options
pate V~daWa
Inwamamd W EnttpY (kWhl
Inuememel Buibing-0ammd (kNml
Mirememel IrrWetlon (Wh/mal
4.t PV Enarpy INVIII
Awrops N Pavror IkWI
Average hredixrw IW/mZl
Averspa Ambiem TempnsNro (C 1
Average Cell Temparolwe ICI
Rapdrad Hardwwa N Ska
Inverur-0ire0t eyalsm or
N•venuaAnde meta
Building pmand mxar
hrodlwwe meta[
InvMarphM system or
gavanueGrede meter
Mwrw-0haa rystem w
pavenusBMs miner
InMlmn metro
Ambiam Teirgarature Sansw
GNI Temperature 9armor
e
PSI-971.doc Page 24
r'~]~""_'- i
- I =. _._~
-_ J ;J
cwn.Flr.r. r>Mwe.dNrabW p.~v..
to Qwe. eeu.tai cress va. a eted.roe m r dtrma
we.eo...enr.~x:r.oa..r tc •a.w.
Yh6lfloara
fitendeM Web views (9mple end Detailed) ere itufuded Tvldt Manlmr-
utg Sezviaa. Pat Spanid also provides tus[mt Ii1ML Web views, etm-
dard Flash vletw rutd ctntom Hach views at additlgW coat Place ca0
!ar turtlm: irdortnatlan and a quote.
t Snnderd 6impls Web Vinv, itteAt
: st.naxaotoa.dwwwew,wrMt
3 Ctrtam whb VMw, HfMl
4 Staderd rleM View
S Cwmm fleM Viaw
e Tdmr Wab Vnw as Tr(8tar Syerm Mangsrfw Momindmar
yrfltYtq Daenaetd
yWlding demand taubles you to measure you tmmtadal building's
orhame's energy tsrrumption. This lneraces awareness of electridty
cotwmtptltn and iuc been shown m encourage more atagytftecierd
6thaviae; culling usage by a much a SI096 end eeduring mtmddybills.
Web views an provide a dde-byeide compadetat of a building's energy
coneumptton and solar decWc congy produNon, ehowlnB net export m
the grid. The vlewa elao altowboth tal-time and hiaeceVed data, to en-
able seeinghow produdlon and usage dumge over tlme miler dlHereat
enviemtmtmW ewiditlcra ~ et dilTerantiatee of day, days of the weds
OtetlHMa.
W Why Danrtd wNh WaweY fer MwrbMinw tae
yY~a w erawddeno true
• Split phase, 120/240 VAC mV
• 3-Pheee, 208 VAC mV
• 3Phaee, 480 VAC mV
tlWlditty DdnrM wNltort 0abwgr for Mvatw•Brade hao
yyoraer Iwit6 teeator and yoawaV)
• SpM pheea. l7ryRW VAC, mV
• SPheee, 2118 VAC, mV
• S4•hew.4S0 VAC, mV
1'.INt0111 Clti
• Silk t.r8• goon wimlew. mV to ta»A
• Spin, 2' goers window, mV tp 1SWA
• Spot, ewAam gwra or reerrpuler window, mV
PS1-971.doe Page 25
we.iw d H• atansptw Triew Nmg• eatxan sew
ue we d soar ems. des twe e>tw. ae outs wens
wtl erewp:wea ddebrar
..mt... __~'~.=' ~-~~.^~ BaalYlre Menaysr°
v.. 71ds multi-site mwgement portal enables you to see all of yotu mane
.. ~..,«... ~.~..e..•.n...n
..
'_ _
- i
~'~' - =
.. .-._ •----.•-vv-as~l
On M orerth ~ yoer rYdr^ • YuM k rbLup 0 Or
mr A Ymm' mu near Orr ynr srrra a grouse h
anal.' W d' neap ewe e • ty W ~ redwse[< ICs
Intl®h2 RBana®etTM Beneflb
• aaeap. W ywdW mete s arlxrtan oar
raeaa•r
• BeMgieltawaam etwpN adenbd W.b
rktvsMaae ere
. E111eardlY nrribrryekrrr haY1h urd
perbnmtw
•IkwlnaumeuW omaN rr•earexp
rrlranryatenfeeb eeew
. lavntw ei W mra a W dau W ri
• B•tltlretppan eeeerM611 teyatllYted
hurt rob
• bunwa axe epltne and kna'••nn enerYY
eWa
cmnn,an.aen tk.e..~. spedar•xon•
etid. rb.Ir M.dwt
-flpr•ppTUripw•wnc ap'b Ta•C
42Yte teas)
• tlodarll TYp•: GSM/eWltB Wee 10
-ax eennartar: w.rd•ra sv aw r.r.pted•
-a•lelhs xurnldry; 2p%b MKrxrumM•ruMa
-6brgaTanPeeMe Jp•bae'C
HO'b tBesl
-teeer Cerxtlrnpxee Mpak•N
Iperlt•Awap••aV
-Pkusdanw ]rtl Parry V•lu• Added B•e•XrM
WadBYw C.wmmubpbn• 11•rdtwn apedeertbA
wemw woven xe.a W w soxawdom
-Type 6abm %r•romNu
-Peac4en•I ArnrrsY .}wf.
•Buldlkily drops iwryar: eta,'
AeY~ITenawM•aerw
-Type xdypetlrrmacoupk
• Awrary. ~F Y C
-TVVe Keyp•thwnroceupl•
-Aews% rFYC
nlllltl rPaW
-Type dreelm all Sped Anenrmeter
-Mope: a-tTNnph
-Awaacy. Ne%
Vats dMidiwr
. Acarecy. µ r
aged sites eta-glettce, ditam'ure their eurcent stirs of healdt see agg~e-
gated produdlon and greenhouse ges avtridance data, Ittok at evert logs
end fault daPofla, plus drill down for more deMiled views of each tire.
• MegM MrwparMBsviu Pravlrkn.8wdad Edftlorc MuaiSte Menp•med
Pa W. t Yeeraubniptkn n4Pord^B u0m Saina, nWPmt+S uaar rsaxee
• MtlpM edrtpefa Ssrvka Provlden-LAmue upprede: t year atihceidfon
wppardnp 26 eddidaul riW
• Imipid Menaper diets: Sinpk oast epmunt Iketu, ens yaer
7eotrnieal lyalxin9
Register for Svndmd mtd/v Advaraed NAg®'-Cetifkd taMdal
traing move to getilandaon trelntng on Fat SpWd irestellatlnyt,
netwo:ling end syamn tmublryitdoting. Get a demamtration of
Insight Matnger end mote.
Syrt•m InsWlo SMderd IUBCEP-1'.ertlBed Taehniul Treininp Ceune -
puretlon: Ona daY, one rtteMaa
System Mmlkr Adyrtpd NAMST•CwriSetl Technical Trainirq Crum -
Gwaxan:lWO deya one etMtlse
IaM••ue Mop- Catnanuniwtione
The FM Spmid gateway communiwlea system pedomlmux to our data
setter via the intend. Soled hart three type of lntettet saes option:
• BroadWnd Miemat Acura (tor conSguraim purposes only-
Mrdwan end pmiu moat ee ordered from 3d Perry)
• CNltdsr Madam eddan (GPRS daa sables NGT MdudMl
• S.aaae Commtmimtione telnq WIIdBluarr' Mph•apssd Irrterut
(hardware end eerNm must be ordered tom Ad Mrryl
YpaatMe EtaUon
Madtoting envirmmenGl cpnditirxts datg with peIIormana date is
lmPadud to tudmfanding the ttpeetlon of the eder dectric eyetw.
Various rortfigtmticru are of&red thmugh these weathv efetlon options:
• Wek Warahar Sntbn: •mbimt temurewn, module umpvMUre and irradi-
erlOa pprdtainp
• FuN Weethw Smem: elrtempereNn, modWe temperean,
Inedknra. wfntl speed ens rubW dlrodten manxoxnp
• Wind Waller Station: Wind speed sod direction monrtannp
PS1-971.doc Page 26
OC Manimin0 erdwwa geadxaaoea
aaarattaaxrhn
~T CaiwaY Pr 8padd faaNad
•TOwa ldaarhaahdMn
-CrwaEY 0aaaxead aaadndafor drpa
aaraovNw
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- avdl.a. b tlH laawv4q ea~Rpedbm:
Mpad a 11 Y
na~av
dhgan
r-a
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n-x
saes
rxrW
awx
vaa+w amva wxYOr tm lac
Nnaw x~w maw maw
ma
awnoa
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aww 1w MIP xblaw. x0 anq
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wp
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rearm
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was
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a
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amw MIYa< rlxM4 MFln4
lyaa ma W W
Yi° xw au. xw.
tthhhr
awe xrare• xr.v xe exa•
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sb.ar.w Ilydwan Nadaaedara
Bat(ier1Y IeavreaN P V Iona aabapr monhorhq
W11m mNWNMggh your ealCOn ado aapeawn•
Ytlw b MbpwW V aerisnnNbrrp
9M:s Naa4May
aeara.x powiM
Merida pdYJnpal
aaaoaanv x.naw
MaoarN a. rmnw
aatsaprv a. rmaw
asrvvaoav s. rooaw
acrxaow a. resew
nwxow a.+mamw
as.boow x.rma~r.
OC BtaMq ~ BtlbAtray MaNWhp
String vwnittxu1g etubiee you m xmtotely xrmuimr individual ehmg
pexfomvtlee N a eolar electric syafmn m vus6nlze syelem paxfmmmlce
end return on inveetrnent. Subanny moNhwing deNven a mote mt-
effective sotulion m ulderetatd sys0em peAorulMUe at the module level
using fhe aubarray mmblrwr whidl rttemle you don't htm m hmMll
edditlorol baaee or m run wires N d1e Reid. The following optloro are
aveReble (orSttingend Sub-Afrey moxdmring:
'.:i.t.''•'L ua:t~
• Stdnp Monkorins. SarNw oMy, far Ono Vaar or Fhro WUs
• SMnp Menkednp CrxnmunWtiom Una
• SMnp Monitodnp 6ehm
sat«wnr wbnitorpto
• SetGan Imrorten, Oro Year or FNa Yuen
• Sub-ArnY Monkorinp Beb0. von Berson invernr
Date iaatl aadfar Data Dgaxdwds
Reaelve dale feeds or download6 for analysis rg biWng purposes. Amees
m data in different IrxmaN k arddoved thralglt Iota Downloads end
Data Feeds. Date Davxtrlwde provide an inserface m anew die dale by
tdrooeing dx tlnne trrterval and hlamrfc tlme pentad. Data Peelle are set ~
up m send aummatlmRy.
Oxa feed for One Yaar or Fiw Veen - Nontiairp
Date Feed for One Veu ar FNe Yeua- &Rlnpyrada
Deu Fwd acid FWh Vlaw MNmenanw for Flash vhwx-
for Oo Vaar m Five Yeas
CLxom Data Paella and Rapem fen Ons Yon ar flw Yon
1lepart
FetSpenkl wt report your ryatem's energy pmdunim m dw Public
UtiFity commission (PUCE, Weatem Rextewabk ]brergy ~^8 SYs~
(tiYRLGLS), std New Ietaey S1tEC m receive ItenewaMe Fircrgy CerRfi-
nfb (ItECs).
•lgarwy Mport IFUC / RECI Gawp Chsrps
• Aparwy Report (vUC / REC) M One Yasr w flw Veers
Nr4pNJaM6mYaYa~~M9prlYwd~YwMf waClraaraarlnarnad W xalxaMtlierlmYM
ganMwYdwnp~YdlMnrroaha6s Ixd~q(a1
f
PS1-971.doc Page 27
~Lenergy
Your Power Your Choice.
Performance Specifications
Vendor shall glculata ezpscbd monthly and annwl performance of flw PV system
taking into axourrt specified equipment performance, azimuth, tllt and shading of
system on eaeh of the three buildings. Shading analysts mwt be dons using a Solar
Pathfinder or similar. All dafafreadings shall bs submitted w part of itw application.
Overall annual performance is estimated at 29,228 kWh annualty.This represents 10.95% of
the 2007 annual electrical consumption for the Water PIeM.
PV Watts
Performance is predkaed by PV Watts, a program developed by the National Renewable Energy
Leboretory to predict the performance of utility grid-tied photovottalc systems. The progrem re
recognized by Utility companies for the purpose of pretllctlng performance.
The PV Watts output is attached herein end gives the rtwnthty and annual performance in terms
of AC energy generated in Mlowatt-hours. The output is based on bng farm weather data for
Eagle, CO (Aspen is not inducted in the PV Watts database) and indlcatea a tiff angle of 40
degrees from horizontal and True South azimuth orientation. An overall system effiaency factor
of 77% was used to determine overall performance. PV Watts does not axount for the effects of
shadirg at the site.
Shading Evaluatbn
A shading evaluation was performed using a SdMetdc SunEye. The SolMetric calculates fhe
overall bases due iD shading and delertnined that the site wiN produce 98% of an unshaded site.
Therefore the values generated by PV Watts should be reduced by 4% to account for shading.
SoL rsreryy LLC
PO Box 217 • Carbondale, CO • 01623
Tel/Fax :970-963-SO6o email ; SoLEbsol-energy.us
PS1-971.doc Page 28
PVWATTS: AC Energy end Cat Savings MtpJ/rtedc.mal.gov/soladcaladatasRV WATTS/vereionl/DS/coddp...
AC Energy
a~~s ..... ~ ..... f
Cost Savings
Station Identification Results
City: Eagle Solar AC Etttxgy
State: CO Month Radtau°n Energy Value
(kWhhn2lday) (kWh) (S)
Latitude: 39.65° N
1
4.35
2183
183.37
Longitude: 106.92° W
2 4.95 2235 187.74
Elevation: 1985 m
3 5.47 2683 225.37
PV System Specifications 4 6.17 2840 238.56
DC Rating: 20.7 kW S 6.15 2805 235.62
DC to AC Derate Factor: 0.770 6 6.52 2797 234.95
AC Rating: 16.0 kW 7 6.24 2719 228.40
Array Type: Fixed I ilt g 6.38 2826 237.38
Array Tik: '~•0° 9 6.21 2690 225.96
Array AzimtAh: 180.0° 10 5.73 2633 221.17
Energy Specifications 11 4.46 2086 175.22
Cost of Electricity: 8.4¢/kWh 12 3.87 1945 163.38
Year 5.54 30444 2557.30
Output Hourly Ptulotmarae hate
About the Hourly Performance Data
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PSI-971.doc Page 29
S®L.energy
~..~
Your Power Your Choice.
Sectlon 4 Maintenance and Warrantlea
Lbt all warrentlsa, coats, and price o/warranty extansbns.
SMA Inverter. Model # SB 5000 US. 70 year warranty. Covers any repair or replacement part
rwsts Incurred during the agreed period beginning on the device's purchase date, subject to the
condifions listed in the SMA factory Warraliy document included in this proposal. Price of
warranty extension is subjed b change based on the SMA price list valid at the time. Current
warranty extension price is 5150 per year.
Sharp 218 Watt nwdub. Model # ND-216U2. Waranty period fa defeda and workmanship is
one year from date of purchase. Warranty pedod with respect to power output is 25 years from
date of purchase. Limited warranty conditions are outlined in the Sharp Photovoltaic Modub
Limited Warranty included in this proposal. Extension information is unavailable.
Dired Pourer and Water Racking System. System will be engineered to meet wind and snow
load specifications and is warranted by SoL Energy for 25 years.
• Identify and outline maintenance procedures required to ensure proper operetlon
of the proposed system.
The proposed system has no moving parts and can be expected to perform at the same energy
output from the time it is commissioned. To ensure that the system is operatng at cepadty SbL
Energy will return to test the system according to the following schedule:
One month from kommissioning of system
Sbk montlu from commissioning of system
Once a year thereafter.
MaMtenence procedures indude verification of proper operation with respect to indicator lights;
anay votlages and current; proper position of disconnect switches; function of overcurrent
protedfon and monitored output of each Inverter.
SoL Energy will respond to requests for maintenance or service in a timety manner and always
within no bnger than 48 hours.
• List and prize the cost of any apeeisl tools, software, eatriing needed for tM
mairrtanenea and trouble shootlng of the Installed equipment
The City of Aspen can anticipate that there will be no costs b the City assodated with any
spsdal tools, software, cabling needed for the mainenance end trouble shooting of the installed
equipment. On a heavy snow year, snow build up below the ground mounted PV arrays might
need b be cleared. A full 48 inches Of cl~rence from the lowest part of the PV array is currently
8oL Energy, LLG
PO Box 217 Cerbontleb, CO 81823
Tel/Fax :970-963-1060 email : SoL~sol-energy.us
PSI-971.doc Page 30
So (•energy
~~
Your Power. Your Ctroice.
provided for. A 18 ft wide path between rows provides ample space for snow accumulation or
removal if necessary.
• List and price the coat of any service parts needed to maintain the installed
aqutpment
Spare fuses will ba kept on-hand by SoL Energy and will be provided at no cost if needed.
No other spare parts are anticipated. Inverter and PV modules are replaced under the conditions
of the Wananly.
• Identlfles technlwl support and service support offered by tha vendor
SoL Energy offers technical support and services with regard to stall training, regular system
'well checks" maintenance, repairs, and monitoring. Ser
SoL Enaryy, LLC
PO Box 217 • Carbontlab, CO • 81823
Tal/Fax :970-963-1060 email : SoL®sol-eneryy.us
PS1-971.doc Page 3l
S~Lenerjry
~..®
Yaur Power Your Clroice.
Section 6 Irwtallatbn Timeline
Provide a projected timeline for the irletallation of equipment and commieMoning of the
proposed systlerrl.
Upon notificatbn of award Contract Sol Energy will finalize all design details in cooperation with
City of Aspen Water Plant staff. Upon execution of the °Agreement for Professional Services'
SoL will procure equipment and materials. The following schedule is therefore anticipated:
May 2, 2008 Award of Contrail
May 22 Notice to Proceed & Execution of Agreement for Professional Services
May 30 Design finalized
June 2 Play order for major components ie PV moduk+s, Inverters, Rack Structure
June 15 Procurement of materials, permits
Juy 11 Receive delivery of major equipment
July 14 Begin Installation
August 1 Substantial completion of installation
August 8 Testing and Commissioning
August 11 Final Inspection
This is a reasonable and achievable schedule. In the event of unanticipated delays due to
weather, equipment delivery or other interruptans, the final inapecfion will be achieved no later
than September 30, 2008.
ttoL t:rwr~y, uc
PO Box 217 • CaRxxxlale, CO • 81623
Tel/Fax :970-963-1060 email : SoL~sol-energy.us
PS1-971.doc Page 32
EXIIIBIT "B" to Professional Services Agreement
Rate Schedule
Equipment
Modules Sharp 216 Watt $95,256.00
Inverters SMA 5000 $12,000.00
Mounting Hazdwaze Direct Power $15,552.00
Monitoring Fat Spaniel $ 1,800.00
Balance of Systems wire, conduit, grounding $ 2,914.20
Equipment Total $127,522.20
Labor
Installation $15,485.94
Testing/Commissioning $ 2,400.00
Training $ 1,050.00
Labor Total $18,935.94
Permits
Pitkin County $ 1,742.25
Taxes The City of Aspen is tax exempt
Total $148,200.39
PS]-971.doc Page 33
ylc.
MEMORANDUM
TO: Mayor Ireland and Aspen City Counci
~-
FROM: Sara Adams, Preservation Planned'
THRU: Chris Bendon, Community Development Director
DATE OF MEMO: May 16, 2008
MEETING DATE: May 27, 2008
RE: Aspen Grove Cemetery Preservation Plan- contract for
professional services
REQUEST OF COUNCIL: Council is asked to approve a contract for professional services
between the City of Aspen and "I'atanka Historical Associates, Inc.
BACKGROUND: Community Development Staff submitted a grant request to the State
Historical Fund (SHF) to survey, document, and ultimately produce a comprehensive
preservation plan for the Aspen Grove Cemetery (similar to what was completed at the Ute
Cemetery). The cemetery is owned and maintained by the Aspen Grove Association. The State
Historic Fund requires a minimum cash match of 25% of the estimated funds; however on March
26, 2008, City Council approved the allocation of $35, 801 or 50% of the estimated $71,602
project. The State Historic Fund awarded the grant late last year, and the City's contribution of
$35,801 in supplemental funds was included in the recent supplemental budget.
DISCUSSION: The Aspen Grove Cemetery is appropriately named: it sits in a lush three acre
aspen grove at the base of Smuggler Mountain. The natural landscape contributes to the serene
environment of the cemetery that draws visitors; however the overgrown state has begun to
threaten and in many ways has caused severe damage to the historic grave markers. Artifacts and
grave markers are being obscured and knocked over by the natural vegetation. Over the past yeaz
two aspen trees have fallen: one chipped a 100 year old wooden marker and the other tree
remazkably fell through a gate that happened to be open in a Victorian era wrought iron plot
enclosure. The overgrown landscape creates a dangerous environment for the grave mazkers, not
just by knocking into them, but by fostering lichens and other biological growth through tree sap
among other elements that eat away at historic material. It has been privately managed by a non-
profit grassroots group. The volunteers have been unable to attract members capable of
performing the intensive tasks required for the large three acre site. They aze an older group of
citizens and are experiencing extreme difficulty managing the cemetery. Furthermore, it is an
active cemetery and without proper documentation, new plots could accidentally be placed over
historic plots.
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The project will be completed in two phases: the first phase includes documentation, planning,
surveying; and the second phase will require Parks Department involvement, volunteers, another
grant application to the State and future funding for implementation of the preservation plan
created in phase one.
This project was sole sourced to Tatanka Historical Associates, Inc for a variety of reasons. The
first of which is the experience of Ron Sladek, president of Tatanka, regarding cemetery
preservation in both Aspen and the state of Colorado. Ron recently completed preservation plans
for Golden Hill Cemetery (Lakewood), Ute Cemetery (Aspen), and Wesley Chapel Cemetery
(Westminster). He is at the forefront of cemetery preservation in the State. The work that he
completed at the Ute Cemetery in Aspen won recognition from both the State Historic Fund and
at the national level by the American Society of Landscape Architects. Ron continually presents
the Ute Cemetery preservation plan as a model for other cemeteries throughout the state. This
past February Ron and Staff presented the Ute Cemetery plan during the Colorado state
preservation conference. In Staffs opinion, Ron is the most qualified consultant to develop a
preservation plan for the Aspen Grove Cemetery.
RECOMMENDED ACTION: Staff recommends that the City Council approve the attached
resolution approving the contract for professional services with Tatanka Historical Associates,
Inc.
PROPOSED MOTION: "I move to approve Resolution #~~Series of 2008." ~T
CITY MANAGER COMMENTS:~D h ~- 0 g'Q ~ " """
%~-- ~ -
ATTACHMENTS:
Exhibit A -Resolution and Contract
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RESOLUTION
(Series of 2008)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND TATANKA HISTORICAL ASSOCIATES, INC. REGARDING THE
DEVELOPMENT OF A PRESERVATION PLAN FOR THE ASPEN GROVE
CEMETERY
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and Tatanka Historical
Associates, Inc., a copy of which agreement is attached 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 the "Agreement for
Professional Services" between the City of Aspen, Colorado, and Tatanka Historical
Associates, Inc., 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 May 27, 2008.
Kathryn S. Koch, City Clerk
RECEIVED
~IAY ~ ~ 2008
AGREEMENT FOR PROFESSIONAL SERVICES CITY OF f~,SPEN
(Over $25,000 Total Compensation) COMMUNITY DEVELOPMENT
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Takanka Historical Associates, Inc., ("Professional").
For and in consideration of the mutual covenants contained herein, the pazties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt of
a written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The pazties anticipate that all work pursuant to this agreement shall be
completed no later than September 17, 2010. 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.
3. Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. Except as otherwise mutually
agrced to by the pazties the payments made to Professional for all labor and costs shall not initially
exceed $71,602.00, as detailed in Exhibit "A." Professional shall submit, in timely fashion, invoices
for work performed. The City shall review such invoices and, if they aze considered incorrect or
untimely, the City shall review the matter with Professional within ten days from receipt of the
Professional's bill.
4. Non-Assignability. Both pazties recognize that this contract is one for
personal services and cannot be transferred, assigned, or sublet by either pazty 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 extent of the subcontract. 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.
PS1-971.doc Page 1
5. Termination. The Professional or the City may terminate this Agreement,
without specifying the reason therefor, by giving notice, in writing, addressed to the other pazty,
specifying the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any ternnation, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. 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 s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and
understood by the paz$es that nothing contained in this agreement shall result in, or be construed as
establishing an employment relationship. Professional shall be, and shall perform as, an independent
Contractor who agrees to use his or her best efforts to provide the said services on behalf of the
City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the
employee, agent or servant of the City. City is interested only in the results obtained under this
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 the employees,
agents or servants of Professional. Professional shall be solely and entirely responsible for its acts
and for the acts of Professional's agents, employees, servants and subcontractors during the
performance of this contract. Professional shall indemnify City against all liability and loss in
connection with, and shall assume full responsibility for payment of all federal, state and local taxes
or contributions imposed or required under unemployment insurance, social security and income tax
law, with respect to Professional and/or Professional's employees engaged in the performance of
the services agreed to herein.
a. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the Public Contract for Services.
b. Contractor shall not enter into a contract with a subcontractor that fails to certify
to the Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under the Public Contract for Services.
P S 1-971.doc Page 2
c. Contractor has verified or has attempted to verify through participation in the
Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if
Contractor has not been accepted into the Federal Basic Pilot Program prior to entering
into the Public Contract for Services, Contractor 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. Contractor 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 Contractor 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.
d. Contractor 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.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under the Public Contract for Services knowingly employs or contracts with an illegal
alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that
Contractor has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
(ii) 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 illegal alien; except that Contractor 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.
£ Contractor 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.
g. If Contractor violates any provision of the Public Contract for Services pertaining
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 Contractor's violation of Subsection 8-17.5-102, C.R.S.
8. 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
PS1-971.doc Page 3
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 arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the fmal judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional
shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant
to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, 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. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of 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 may be substituted for the
Workmen's Compensation requirements of this paragraph.
PS 1-971.doc Page 4
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each 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 contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. 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 contract.
(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
insurance, 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,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, temilnated 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 constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may
pay any and all premiums in connection therewith, and all monies so paid by City shall be
PS L971.doc Page 5
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any 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 et seq., C.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there are no
verbal or written representations, agreements, warranties or promises pertaining to the project
matter thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
Steve Barwick
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Ron Sladek
President
Tatanka Historical Associates, Inc.
612 South College Avenue/ P.O. Box 1909
Fort Collins, Colorado 80524
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
P S 1-971.doc Page 6
contract. Professional agrees to meet all of the requirements of City's municipal code, Section 1398,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of
any term, covenant, or condition to be performed by Professional to which the same may apply
and, until complete performance by Professional of said term, covenant or condition, the City shall
be entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
16. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, temunated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the pazties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, 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 deemed an original on the
date hereinafrer written.
ATTESTED BY:
CITY OF SPEN, COLOR/ADO:
PS1-971.doc Page 7
REVIEWED BY:
~~
WITNESSED BY:
EXHIBIT A.
SCOPE OF WORK:
I. Project Start-Up
Title: ~a'~ec:,~\ c\
Date: 5 ~ 7 ~ os
~~
--rvrPlrl~ NIS~fLtc~°L
PROFESSIONAL: AsS~ ~'UC~S ~~ C.
By: ~ '/ . CJ V
Title: ~ ~~~C~
Date: t'1 Ti ( a
A. Meetings to discuss the purpose and goals of the project as well as gain an
understanding of the priorities and concerns of the City, Historical
Society, Historic Preservation Commission and Aspen Grove Cemetery
Boazd
B. Obtain existing data on the site
1. City of Aspen
2. Aspen Historical Society
3. Aspen Grove Cemetery Association
II. Fieldwork
A. Detailed inspection and documentation completed by all four firms to
inventory
1. Field notes
2. Photography
B. Assess the current condition of features found on the site
III.Preparation of Deliverables
A. Completion of a first draft of the preservation plan
1. Discussion and recommendations
PS1-971.doc Page 8
a. the condition and treatment of each gravesite (stonework and
woodwork)
b. landscaping
c. perimeter fencing
d. access control
e. driveways and parking
f. walking paths
g. seating areas
h. future burials
i. signage
j. public interpretation and education
k. security and maintenance
1. priorities for future work
B. Submission of the first draft of the plan to the city, state and all other
stakeholders for review
IV. Project Completion
a Revision of the preservation plan in light of comments offered by city staff,
State Historical Fund staff, and the other stakeholders
b. Submission of the final draft in hazd copy and digital formats to both the city
and state, with copies also provided to other stakeholders and archives
c. Verbal presentation of the findings and conclusions of the project at an open
public meeting to be scheduled in Aspen
PSI -971.doc Page 9
~d.
MEMORANDUM
TO; Mayor and City Council
FROM: Stephen Ellsperman, Parks and Open Space Director d~li
DATE OF MEMO: May 15, 2008
MEETING DATE: May 27, 2008
RE; "Lot C" Neighborhood Park Property Acquisition
CC: Steve Barwick, City Manager
CC: John Worcester, City Attorney
REQUEST OF COUNCIL: The City Open Space and Trails Board and Staff is requesting
that City Council approve a contract for the purchase of "Lot C," located duectly adjacent to
the Burlingame Housing Project, for the future development of a neighborhood park for the
amount of $500,000.
PREVIOUS COUNCIL ACTION:
April, 2008: City Council reviewed and discussed the purchase of the "Lot C" property
at a regularly scheduled City Council meeting. Council was in general support of the
purchase of Lot C for the use as a neighborhood park, however, they requested staff to
provide some more information about the actual value of the property and to address
some minor language provided in the "Bargain Sale and Deed" for the property.
March, 2007: At a regularly scheduled City Council meeting and a site visit to the
property, staff presented an update on the process and negotiations of acquiring the
parcel of property. Council provided direction to Staff that the parcel of property still
remained a high priority for acquisition and that a neighborhood park in this portion of
the community also remained a high priority.
December, 2006: City Council and the Open Space and Trails Board attended a
publically-noticed site visit to the property and gave Staff direction that the parcel of
property would be an important asset to the community as a neighborhood park.
Council directed staff to continue ongoing negotiations to purchase the parcel.
Page I of 5
BACKGROiJND: The Open Space and Trails Board and the Parks and Recreation
Department initiated negotiations in October of 2006 with representatives and the owners of the
Bar / X Subdivision. These negotiations were designed to obtain easement access for a public
trail across their property to be known as the "Old Stage Trail" and to possibly acquire a 2.65
acre parcel of property known as "Lot C," which was originally designed to be a cultural arts
facility in the original approval of the subdivision (Exhibit A). The intent of acquiring this
parcel of property was to provide a much needed neighborhood park for the residents of the
adjacent Burlingame Housing Project and the community as a whole. The trail easement was
granted to the City of Aspen in 2006 and the "Old Stage Trail" was planned, designed, and
completed in 2007. With City Council direction, the Open Space and Trails Board and the
Parks and Recreation Department have continued to negotiate the acquisition of the "Lot C"
parcel with the Bar / X Subdivision owners and representatives. The ownership group agreed
to review a proposal from the City of Aspen which included typical design elements of a
neighborhood park and landscaping improvements to the site (Exhibit C). The ownership
group agreed strongly with the concept of neighborhood park at this location and agreed to
move forward with the process that they required internally, in concert with the newly formed
Bar / X Homeowners Association, to sell this parcel of land.
With the assistance of the City Attorney's Office, a "Contract to Buy and Sell Real Estate" and
a "Bargain Sale and Deed" were completed that included specific provisions that protect the
City of Aspen and the Homeowners Association interests (Exhibit B). Some of the specific
provisions in these documents include the following:
- The parcel of land is to be protected in perpetuity as a neighborhood park. The Aspen
Valley Land Trust (AVLT), as a third party, will hold a conservation easement on the
parcel to ensure this protection.
- The neighborhood park facility will be in concert with the "Schematic Landscape Plan"
attached to the sale deed documents. The Parks and Recreation Department provided
the design for this plan and feels that it works well on this property for the community
(Exhibit C).
- The City of Aspen will only commence work on the future neighborhood park facility
after reviewing the plans with the Homeowners Association and the owner of the
adjacent F-1 lot for their approval. This approval shall not be unreasonably withheld.
- Prior to commencing work, the City of Aspen will preserve and relocate existing
vegetation on the property.
- The City of Aspen will install a fence of a three strand design on the south and east
boundaries of the property.
- The Bar / X Subdivision will provide all necessary irrigation water to serve the facility.
Page 2
- The purchase price of the property will be $500,000 as portion of the Bargain Sale and
Deed.
On April 14, 2008, the City Council reviewed and discussed the purchase of the "Lot C"
property at a regularly scheduled City Council meeting. Council was in general support of the
purchase of Lot C for the use as a neighborhood park, however, they requested staff to provide
some more information about the actual value of the property and to address some minor
language provided in the "Bargain Sale and Deed" for the property.
Specifically, the City Council requested the following information:
1) Council was interested in understanding an estimate of value for the 2.65 acre parcel of
land known as "Lot C" to ensure that the $500,000 proposed purchase price was fair.
Response: The Appraisal Office-Aspen, Ltd was contracted to provide an official
"Estimate of Market Value" for the subject property (Exhibit E). The sole use of this
report was specifically related to the potential acquisition of the "Lot C" parcel. The
report provides an extensive analysis of the property and provides a "Final Estimate of
Market Value" to be One million two hundred seventy-five thousand dollars
($1,275,000). This figure provides evidence that the proposed purchase price for "Lot
C" of $500,000 is fair and equitable.
2) Council was concerned about a specific sentence in "Paragraph A" of the "Bargain Sale
and Deed" (Exhibit B) which stated "... the park is to be used only as a passive public
park for the use and benefit of the residents of the Burlingame Ranch Subdivision and
the Stage Road Planned Subdivision." Although a conceptual landscape plan has been
approved (Exhibit C) which shows proposed neighborhood park improvements, the
concern was that the word passive might provide the wrong thought about the uses of
the park.
Response: The word "passive" has been replaced with the word "neighborhood" in this
specific sentence located in "Paragraph A" of the Bargain Sale and Deed. The sentence
now reads "...the park is to be used only as a neighborhood public park for the use and
benefit of the residents of the Burlingame Ranch Subdivision and the Stage Road
Planned Subdivision".
3) Council was concerned about a specific sentence in "Paragraph A" of the Bargain Sale
and Deed (Exhibit B) which states "(iv) is not to be used for any residential housing
uses nor shall it be improved with any structure of any kind, whatsoever, with the
exception of playground structures as outlined on Exhibit "B-1", unless approved in
writing by the Grantor...". The concern with this sentence revolved around the thought
that there may be some other types of structures that might be needed in the future that
would be utilized within the park.
of 5
Response: In discussions with the seller, it was clear that changing this specific piece of
language was inconsistent with how they perceived the process for approval of new
structures at the proposed facility during two years of discussion. The seller pointed
out that there is a mechanism to provide approval for a new structure that was central to
the park needs and they preferred to not change the language. Parks and Recreation
Department staff does not anticipate the need for any other structure at this facility;
however, staff would be comfortable with moving through the approval process as
outlined in the previous described sentence if a need was to arise.
DISCUSSION: City Council, the Open Space and Trails Board and the Parks and Recreation
Department all believe that the residents of the Burlingame Housing Project and the residents
of the community as a whole require a park setting in close proximity to their homes and living
spaces. Currently, no neighborhood park setting has been designed into the project and the
acquisition of Lot C would provide this added recreational and quality of life element.
Negotiations for this purchase and development of this parcel of land have gone through
extensive discussions and review from many individuals and entities including the Open Space
and Trails Board, City Attorney's Office, the Parks and Recreation Department, and the
owners and representatives of the Bar / X Subdivision. The contract documents attached to
this memorandum represent the result of this review and negotiation process and the entities
involved believe that the neighborhood park project is fairly represented.
FINANCIAL/BUDGET IMPACTS: The purchase price of $500,000 was negotiated at
length with the current property owner and is based upon their financial investment situation
for the subdivision. The Open Space and Trails Board voted unanimously that this was a fair
bargain sale price for the property based upon the extensive negotiations and information
exchange. The Open Space and Trail Board felt strongly that it would be impossible to
purchase a four acre property for a neighborhood park for anywhere near the $500,000 price in
the community. In the March, 2007, Ciry Council Meeting, the Council directed staff to
acquire this parcel of property utilizing Parks and Open Space Funds. In addition, there was
discussion about whether it would be appropriate for the Housing Fund to pay for the estimated
park development costs of $300,000. If the Council decides to approve the purchase of the
parcel of property, the Parks and Recreation Department will initiate a full planning and design
process for the neighborhood park and a discussion about which Ciry of Aspen Fund would be
most appropriate to pay for the park development costs would be entertained at that time.
As confirmed with the Finance Department, the Parks and Open Space Fund is in a healthy
financial situation and will be able to absorb this cost of property acquisition. There will be
some future maintenance costs associated with a new park development that would be typical
of the maintenance of any park facility, and the Parks and Open Space Fund is also fmancially
able to absorb these costs, which will become defined as the final design for the facility is
completed. The current schematic design includes a small playground, open turf area, and
Page 4 of
pond improvements which are typical of most neighborhood parks in the community, so it is
not anticipated that these maintenance costs would be high.
ENVIRONMENTAL IMPACTS: In addition to the recreational qualities that this facility
would provide, there is also significant ability to include this property in stormwater
management activities by including park design elements in passive stormwater detention and
filtering management objectives. The proposed design also minimizes disturbance of native
vegetation and topography, allowing the parcel to remain for the most part an ecological
connection to adjacent open space. This facility is proposed to be a neighborhood facility, not
a destination location, so vehicle trips and parking at the facility is not planned. The
maintenance of the neighborhood park will include activities such as turf maintenance and
native area maintenance, but it is not expected to be a significant fuel drain or emission source.
RECOMMENDED ACTION: The Open Space and Trails Board and the Parks and
Recreation Department Staff are recommending that Council approve the Contract to Purchase
the "Lot C" parcel for $500,000.
ALTERNATIVES: The Parks and Recreation Department has researched other locations for
a possible neighborhood park within or adjacent to the Burlingame Housing Project. Based
upon the design and layout of the parcel, there are no other opportunities within the project or
directly adjacent to the project. The City of Aspen did retain the right to build a park facility
of some type on a parcel of land called the Amcor Parcel, which is currently protected by
AVLT as a part of the entire approval process for the project. This parcel of land is not
directly adjacent to the housing project and would not serve well as an accessible neighborhood
park as it would involve disturbance of the open space and ecological values of this particular
area and therefore it is not a suitable alternative.
The other alternative would be to not move forward with the acquisition and development of a
neighborhood park facility in this location.
PROPOSED MOTION: I move to approve the "Contract to Buy and Sell Real Estate" for the
purchase of the "Lot C" Parcel for the amount of $500,000.
CITY MANAGER COMMENTS: [.~f~c~-w.-...,,e~i q~ya fy~'~t' ~' V~-t
~,e?x.~M..~` , --
ATTACHMENTS:
Exhibit A Property Location Map
Exhibit B Contract and Sale Deed
Exhibit C Schematic Landscape Plan Design
Exhibit D -Resolution 30
Exhibit E -Opinion of Value/Market Value
Page 5 of 5
RESOLUTION #
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL
ESTATE BETWEEN THE CITY OF ASPEN, COLORADO, AND TWO STAGE
ROAD LLC TO PURCHASE PROPERTY AND SETTING FORTH THE
TERMS AND CONDITIONS AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been subnutted to the City Council a Contract to Buy
and Sell Real Estate between the City of Aspen, Colorado, and Two Stage Road
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 to
buy and sell real estate between the City of Aspen, Colorado, and Two Stage Road
LLC, 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 April 14, 2008.
Kathryn S. Koch, City Clerk
EXHIBIT "A"
BARGAIN AND SALE DEED
THIS BARGAIN AND SALE DEED is made by TWO STAGE ROAD, LLC,
("Grantor") to THE CITY OF ASPEN, a Colorado home-rule municipality ("Grantee"), whose
legal address is 130 South Street, Aspen, Colorado 81611.
CONSIDERATION AND CONVEYANCE
NOW, THEREFORE, (i) for and in consideration often dollars and other good and
valuable consideration, Grantor does hereby bazgain and convey unto Grantee the following real
property (the "Property"),
LOT C, STAGE ROAD PLANNED UNIT DEVELOPMENT
SUBDIVISION, according to the Final Plat thereof recorded
October 7, 2005 under Reception No.515869 of the Pitkin County
real property records. The Property includes all appurtenances,
and is subject to all reservations in patents and all easements,
rights of way, encumbrances, liens, covenants, conditions,
restrictions, obligations and liabilities of record and/or appazent or
otherwise in existence, and subject to general property taxes and
assessments for the yeaz 2007 and all prior and subsequent yeazs,
all as more particularly described on the list of the Exceptions to
Title listed on Exhibit "A" attached hereto and made a part hereof.
FURTHERMORE, the foregoing conveyance is specifically made subject to the
following conditions and restrictions:
A. The Property (i) is not to be sold, encumbered or otherwise transferred by
Grantee, nor shall Grantee ever bring or cause to be brought eminent domain proceedings against
the Property that attempt to diminish or extinguish, or result in a diminishment or an
extinguishment of all or any portion of the restrictive covenants described in this Pazagraph A
(ii) is to be used only as a neighborhood public pazk for the use and benefit of residents of the
Burlingame Ranch Subdivision and the Stage Road Planned Unit Development/Subdivision,
with no public parking improvements on the Property or on adjacent public roads, (iii) to the
greatest extent practicable, is to be preserved in its natural state, with no artificial lighting of any
kind, (iv) is not to be used for any residential housing uses nor shall it be improved with any
building improvements or structures of any kind or nature whatsoever, with the exception of
playground structures as outlined on Exhibit "B-1", unless approved in writing by Grantor and
Stage Road Homeowners Association, a Colorado non-profit corporation d.b.a. Double Baz X
Ranch ("Double Bar X HOA"). Notwithstanding the foregoing, the Property shall be improved
by Grantee with the landscaping, earthworks, perimeter fencing and water features in support of
the Property's use as a neigbhorhood public park, all as described on Exhibit "B" attached hereto
and made a part hereof (the "Permitted Improvements").
B. Grantee acknowledges that (i) title to the Property is being conveyed subject to,
among other things, that certain Amended and Restated Declaration of Covenants, Easements,
Conditions and Restrictions for Stage Road Planned Unit Development/Subdivision recorded
January 17, 2007 as Reception No. 533454, as amended (the "Declazation"); and (ii) pursuant to
section 10.21 of the Declazation, proposed uses of the Property are subject to the reasonable
approval of the Owner of Lot F 1 (as those terms aze defined in the Declaration) and that
structures and improvements on the Property aze also subject to the approval of the Owner of Lot
F1, which shall not be unreasonably withheld. Grantor represents to Grantee that the Owner of
Lot F1 has approved the Permitted Improvements, but Grantee acknowledges and agrees that the
approval of the Owner of Lot F 1 must be obtained for any other uses of the Property or for the
construction of any structures or improvements that aze specifically included as part of the
Permitted Improvements.
C. If, after acceptance of this conveyance by Grantee, it is determined by an
azbitrator (or a panel or arbitrators) under the Commercial Arbitration Rules of the American
Arbitration Association that any of the conditions or restrictions described in Pazagraphs A or B
above have not been met or have otherwise been breached, then title to the Property shall
thereupon automatically and immediately pass and the same shall be deemed conveyed hereby to
the Double Baz X HOA, subject to the conditions and restrictions set forth in Pazagraphs A and B
above.
D. If, after acceptance of this conveyance by Double Baz X HOA, its is determined
by an azbitrator (or a panel of azbitrators) under the Commercial Arbitration Rules of the
American Arbitration Association that any of the conditions or restrictions described in
Paragraphs A and B above have not been met or have otherwise been breached, or if the Double
Baz X HOA refuses to accept this conveyance subject to such conditions and restrictions, then
title to the subject Property shall thereupon automatically and immediately pass and the same
shall be deemed conveyed hereby to The Aspen Valley Land Trust ("AVLT"), subject to the
conditions and restrictions set forth in Pazagraphs A and B above.
E. If, after acceptance of this conveyance by AVLT, it is determined by an azbitrator
(or a panel of arbitrators) under the Commercial Arbitration Rules of the American Arbitration
Association that any of the conditions or restrictions described in Pazagraphs A and B above
have not been met or have otherwise been breached, or if AVLT refuses to accept the gift subject
to such conditions and restrictions, then title to the Property shall thereupon automatically and
immediately be deemed donated and conveyed hereby, subject to the conditions and restrictions
set forth in Pazagraphs A and B above, to such not-for-profit- organization devoted to the study
and preservation of birds, wildlife and the ecology, contributions to which qualify for federal
income tax charitable deductions, as a simple majority of all the owners of Lots 1 though 12 and
Lot F-1, Stage Road PUD Subdivision, in their sole discretion, may determine.
F. Any person or entity, including any member of the public, may seek to interpret
and/or enforce the conditions and restrictions set forth in Pazagraph A above by filing an action
under the Commercial Arbitration Rules of the American Arbitration Association, which
Association shall have exclusive jurisdiction to resolve such disputes. The decision of the
arbitrator(s) shall be binding upon the parties to the proceeding and shall not be appealable. All
fees and expenses of the Abitration shall be borne equally by the parties to the proceeding,
except that each party shall bear the expense of this own counsel, experts, witnesses and
preparation and presentation of proofs.
G. The Owner of Lot F 1 may seek to interpret and/or enforce the conditions and
restrictions set forth in the Declazation (including Pazagraph B above), as provided in the
Declazation.
Grantee hereby accepts the Property in an "as is" condition, subject to all title matters
referred to above, and subject to the conditions and restrictions set forth in Paragraphs A-G
above, and further subject to all patent or latent conditions, defects or problems of any kind or
nature.
EXECUTED, SIGNED AND DELIVERED, this day of , 2008.
GRANTOR:
TWO STAGE ROAD, LLC, a Delaware limited liability company.
By: AUSTIN LAWRENCE PARTNERS, LLC, a Colorado limited liability company, its
Manager
By:
Gregory P. Hills, Manager
GRANTEE:
CITY OF ASPEN, a Colorado home rule municipality
By:
Stephen H. Barwick, City Manager
ATTEST:
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2008 by Gregory P. Hills, Manager of Austin Lawrence Partners, LLC, a
Colorado limited liability company, Manager of Two Stage Road LLC, a Delaware limited
liability company.
Witness my hand and official seal.
Notary Public
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2008 by Stephen H. Barwick, City Manager of the City of Aspen, a Colorado
Home Rule Municipality.
Witness my hand and official seal.
Notary Public
My commission expires:
EXHIBIT A
List of Title Exceptions
(Note: These Title Exceptions shall come from the Pitkin County Title commitment for
title insurance to be provided at a future date)
EXHIBIT "B"
Description of Approved Landscape Plans
Attached hereto as Exhibit "B-1" is a schematic design of the Landscape Plans. The
general specifications for the Landscape Plans include the following:
1. No site work of any kind shall be commenced on Lot C unless and until Grantor
approves the same in writing, provided that the approval shall not be unreasonably withheld.
2. Prior to commencing any work on Lot C, Grantee shall preserve and/or relocate the
existing native vegetation Lot C as directed by Grantor.
3. Grantee shall install a 46" high three-strand smooth wire fence with wood posts
spaced no less than 20' apart along the southern and eastern boundaries of Lot C. The fence
shall match and tie into the existing perimeter wire fencing on the Double Bar X Ranch property.
4. Grantee shall provide all necessary irrigation water rights to serve Lot C. Grantor and
Grantee shall coordinate on all irrigation system designs and installations necessary for
delivering Grantee's water to Lot C. All such design and installation work shall be at Grantee's
cost. In addition, Grantee shall be responsible for the cost and expense of re-routing or
reconstructing any portion of the Double Bar X Ranch irrigation system modified or disturbed by
Grantees's activities on Lot C.
3746168_I.DOC Revised 5.19.08
EXHIBIT B: Contract and Sale Deed
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rr, corresponding provision of the Contract to which refcerncc is utade is delete). Tfre abbreviation "~iP.("' (muwal ezrnrdnu of rhis
6? Cnntractl means the latest dote upon which both panics hava signed this f.;onrrnct
t,~ 3. [NCLUSiON5 AND F,XCLU5[ONS.
n'r a. Tacluahas. The Purchase Price iududes the fldlu+ciag items (Inclusions}:
7ir (l) Fixttuett. if attached to Nie Pmpeny on the dote al' [his Content, lighting, heating, plumbing, ventilating. and nit
I cunditianing Fixtures, TV ataennas. inside tclephorte wiring and cwmc'<ting dlockslja~cs, plants. mirrors, Hoar coverings, intercom
;~ systems, built-in kitchen :yrpliurrces, sprinkler spatnma and conteol., built-in vacuum syuems (including aceessatiesl, garage. clnnr
tt upeuers &u:hrding ~~ mrmtte connnts; and ~ tkher _- -~---.____....
'•t 12) Persrloal Property. The following are ira~ludcd it nn the. Pnrpcny whedter attached or nut on the date ut this
t9 f'untraot: storm windaws.stnrm dsxrrs, window and porth shark,, aamings, hlindx, screens, window coverings, cumin olds, drupsry
7e rsxLs, Fireplace inaens, limplace screens, fireplace graces, heating stoves, storage sheds, and all keys. 11' checkeJ. tlx following arc
?; included: Q Water Suiterters CI Smoke/E'in ikix~atnrs ^ Security Systems O Sategite Systems finciuding sateltit+: dishes}
"ra (J) Other Inclnsinm.
^n N!A
xtl
a. '1'hc i'ervunal I'ngmrty w fie cuuveyed at Closing shall be cmtnyed. by Scllcr, free oral ;:Isar ul all razus (except per;rmal
s? pngivt}' taxes far the year of ClusingY.liens and encunefrnnrccs_ except
tl?
a~ Couveyancr shall fie by bill nl' s:de a' other applicable lc}:li instnrmem.
xi tdt lYade Fixtares. N'ieh restruct to b'arle fixtures, 5aUsa'rnd kuyer agree as foltsrws:
s+. N/A
M?
Ba Thu Trade Fixtures lu he cuuveyeJ ut Closing shall tsr umvC}•ed. hy' Seller, free and clew' of all taxes (cxrept pcrsrmnl propern•
xn raze: for the year of Clnsingl. hens and encumhrmues. except .N/A__ _ ___._..____
ao Conveyance shall he by trill of sale or other apple able legal inatrunteut.
Vl t5i Parking and Storaite Facilities. O Use Only ^ Owtlershipol'the fukluwing parking [u:iliires: N1A..._. _....
')' :urtd ^UseOsdy ^OwnershipuCihefutluwingstoragefacilities:.____..._-_----.._-_._..___.__...__. _.
43 (61 H''ater Rlghta. The following Icgall}• )ascribed water rights;
w: '
45
'x, Arty want tighw shall rr cnnveprxt h}~ N!A .___._ _ _ _.. _._ _ _____.__.~._._ JerJ or other npptiruhlr Iceal iushv:ocne.
v~ lire Well Pennir d is
vs (71 Growing Crops. tVidr respect nl gunviog zr,gro, Snller and kuyer agree as follows:
`t9 N!A
wn
:ur
tit
;n-+ h. b;xrlusianc. 'I ha lolluwiog items ;ur cxc•tudeJ:
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d. Pi.ItC111,~1?1'K1['F.:#IxP'1'EK] Iti. ih P'unity.cl'....-,-~l,,,tl-y.:1:~~,•. ~,bal Iti~p.nahL•m1. ;'.iy-di.~r;h ;Burc:a. ~.~~~:-.:,.~~.
item M1n. Ittlc rcrm~ Item :#awunl #mnum
i ~, I iur.h~ i~I-• s ~ 5(X7000.00 ~+'~
_ -I ~ F'a. u~t, klntU ~: ~
S 5[' {IC)6 L`Q
t~id;31 . -___-__ ..q
\est Se'.niJ Luau
___
- ~ .. ... __ - ._
G S.Y
' Sr
31u u+ Priv:nc I uuux inA
S
- __ _
9
j_dh _ Gaah at Ctu,ing
- 456 01~ p0
lu tt)'fAl,
~ $ 506,600,00
Sotr: If there iv nn in~onistcncy krrtween the Purchase Prior ou fhr fires page and ihts F d. the antnuut is i d shall ronvul.
a. Earnest Ataney. The Earnest Mono}• set Forth in this section, in flea Iona ol -(7s~-fitllt~5"_____ _ _
is part payment of the Pun'hasc Price and shall ire payable m and held by _@tLcin GtzlanW TIOe _.,
4fsarnesl Msmcy I{olden: in ilx trust asawount, nn behalf ut bath tirller and Buyer. 'Glee Farrrrst A{wtuy deposit stroll M' tendered w•irh
this Cmnrart unless the paniex mumalh• ugrcr to an Allrrnative F:arnext #(oney Deadline (9 2cI for itx payment. 'E"he Ixanc.
autharite drlircry of the t?arnest A[oney deposit m the closing ranupany, if any, at nr tteforr C'fosing. In the event t3arnrst Money
Nnlrkr has agreed to have intrrest un Earnest A(unry deprrsits transfereed to a fund ¢stablishrd feu the purpose of providing.
afl'onlablr housing to Cninrulo residrma. Seiler and Buyer acknowledge and agree chat any interest arTruittg ou the Eurnrxt Alnney
deposited with the Earncxt Maney Nnlder in this trahsactiun shall be transferred to such fund.
b. Cash at Cosing. All xmaunts paid by Buyer at Closing including cash at C.htsing, plus Buyrrk chtsiag c[tsts, shall hr
in funds which rurnply with all apptirabk Colorado lawx, which indude'cash. ¢]ectronic uutsfrr funds, r`<riiFied cheek, savings and
loan teller's check and ca+lhirr's check (Gnarl Funds).
r. Dawn PaymenT AssMTance; Seller Paid Costs. S¢Iler, at Closing, shall credit $ N!A to Buyer hr assist
with Buyer's down payment. Seller shalt alit, at Closing, credit rn Buyer fhr amount of $~~..._. m assist w9th Buyer's
closing cnstx, not to exceed the anmunt du¢ from Buyer tin sorb cods. Thcxe amounts are in addi[inn to any sum Seller hax agreed
to puy or credit Nuyer eisewhrrr itt this Cunfmat.
d. Vew Luan.
Ell New Eirst Loan. Buyer shat! cthhrin a new loan set forth n, this section as follows: ^ Cumeatiunal Q T'NA
q VA ^ Other . N1A. -_-- ___. _
'l7tis loan will br secured by a „~,__., t I st, ?nd, ctr.t duatl uF trust.
'1'h¢ lain mn}• hr increased to arld the cost of martgagr insunmce, `.A funding feu uud other ilenrs 1'trr a cowl loan amtwni, not
iu rxresa of 5 ~ which shall be anxtrtircd curt a period at ._.."___,,,_,__... ^ Years ~ Monllrr at appruximtnrir
y+.______.__..-.-_-- Per _ .. including principal and interest run to exceed ._'k per annum, plus, drequired
by Iluycr's lender, a deposit of __",_,___,___._..__ of fhr ratimaird a[tnutl real rswle tuxex, pnrperiy htsuratree premium, atnl
nuMgagu imurmor premium, If the In:rn is an adjuswhle interest raft or graduated payment loan. the payments and interest raft
iniuzily shah mu excr'ril the figures sat fittt}1 aluter,
Loan discount paints, if any, shall b¢ paid to lender to Clusitrg erttl xirall uui exceed _,"m,_._ u'%' of fhr total inrn nmaunt.
finfwithstaruling the la~,n's intrrest rain, the first ,.__.-..._. ,loan disauunt points shall b¢ paid h}'~
___-..
..._.... _. . ___.__-- _-. and the balance. if any, ,hall hr paid he ____---- _ ~......._.__
Buyer xhall timely pay Bu}•er's hxtn rusts and a loan ariginatims fee not to exee¢d v.,____°~~ of der (<run amcmM. I! fhr loan
is an FNAr'VA insured ur guaranwrd Irtan. Seiler shall Iwy closing ants and fees, not w exceed S_,_____,__._._, that Buyer i>
crest allowed by law to pay fsx tux service and
(21 Nt:w Strand Ltran. Bayer shall obwia a new Inan set forth in thin xetaion us fi6nwx:
This Ivan will h¢ secured by a _.._.._..._ __. [2nd, uteri decd of trust.
1'he total (earn anaruut, not in exec<s of S.... .. __.. _. _. __, shall he anmrtized uvrrt penrai of -"__ O Ynrs O h9onths
at approxinvttely $_-.--_ _.... p¢r _- including principal and inmrrsl out ro exceed __`# prrannunt.
U the loan is ttn adplstahk intcresr rate or graduated payment loon, fhr paymrtds auaa intrrest rate initinlly shall notexceed tfiu figures
set froth uMrve.
Lunn tliscuunt puiuts, tf any', xhall hr paid to lerxlcr td Cloning and .halt nest cx[~urtt ___... _.. _ `. of the total loan amount.
NuiwUhstutxting the matt'x interest rate, the fires ____",...._.. _._. lawn discu,:m p+tintx shall br p>,ui hy -...... ,
_---` .and rho ba):nrre, if ang, shall hr paid hy' . --- -..
Buyer shall [intrly pay Iktyn's loan rolls urtJ a tuna urginuriwr to nol to axuurd Sr otter kruu unruunt.
e. Asvttmpli¢n. Buyer agrees to assumes and pay an exisriug loan iu the approximate amount ul'the 3\ssumpliun Ba}anca set
lwtlt in [his section. prrscndy p:gablr nr 5___~___ Per includinc principal and iuteres[ Ixnrutiy m
\a.eCITK4nt-iK. l:IiV'I'N.ii'r rU al.ti \xb xP7J nNA1. FaYfl't: ,at,l. lSMtA UFI'n1/Vni!'1'Illal F'aaeJa7L '~~,
InuA
V1
, J ltil .111I11~n _ alb: ai'.w I^ I11LI»~ r.'4: rtli< hn Ih I I ••v lu;; : I, I1•: '-I".'4. ~ Rv'td I';11idc ~Ii11C) U Pl4pl'rlr taxar allbC
~;. (9-emium ^ Plunt:a{;e hwunmtx' Premium and U
ni It u+,e: ::~~rn.an I+a, :. In:n~ Iun~rCr lCC nni I ,1~, c~a > At thr tunr nCi~.,ungttb ni Ri: , _ ina`~t`.t i.nc=,Is,i 1
Irr a.rz c~.cctl .. _ _ , Isi aumnu Saul she nru- p.i}'m: i^ elr,~9 inN o,nrcJ n p.•- .:ua_:h:d :¢i..l
I~ int. mfr. ph.. ;, r.+:.v i(,:nb li tbe.tetual prulctpal halaac~,,.ll:rc i~x:..hrli lumiNCfn>igywli•:. Iiian 7hc.ltisunq,Ii:m !talon. °, w'n:::h
n ti nonce, tar amount ,d atih ,~-gnkrd fnm: ISuyer nt f"lu+i nF b, be iu.rcu+~+l be ur. nc Jwa 5 ___ ._ ...--.__-. then ^ t3uver Ata+
I('q ~11'ftnrnatC rlUS (nnnA('I Ctt r~n!`f Up(1111'eaelll[ Try SeIIP: Pt BUVei •b ~Pl loco nOlice UI (CIlg1I1;111Un nr D
I"+~ Se11rr D Shrill ^ Shall NnE ba rclcared (n,rlt IwMliry un o:nd Indn It:rpplturhla conrphanee w,th the rafurreureurs n,n r3ranv
I ; : frtnn liability shall be cviJenceJ b} delivery ut C:lusing ul an uppngn lair Icucl al conunianenl IIUUI Icn.k:r. C'uvl pn9ahie. I+,r r:auP.c
I :'_' nt liahilit}' shall he paid U} __ _____ _ _.. in an :unuum nut to c;crcd ~,
'" L Seller or Pricnte Financing. Buyer agree. to e.eure .1 prumiaaore u, rte payable a,.
1,-t _. _ _ _ __ __, as Dauint'Cenants D'I'rnantsinCnnnnoa
..,_e..__ ...-._.
I's O iliher __ __ ._ _._ _ _. _. un the note form as irtdirated: D (I/efpult Itute3 NTU ~ I -IU U4
17n ^ (filter ____. ._. _ _. _ _.---_-- secured bg a ---,_--- (kst. 2nd, etc) dyed nr foist
I" envumbering the Pmpen}', using the Ikrrttr as indioaced: O Sldci Uue-OmSate ('I'U 72-Ifr-tN,} ^ Creditwarthy ('fU i 1 IUt1Gi
17!i D Assumable - Nol Due On Sale ('CU 7,k• I Il-(15) ^ Other
_-- _ -
l : o 'T'ile gromissury note shall be umunixed vn tha basis of ..._. _ ^ Years D Months, payable at S ~ _ f lit
tsu __________,____ including principal and intereNt at the ntr of _____'d pot annum. Payments Shull cmnmcuce _
_--
cal _T_-- _-_-- ____.... and shall he duc on the ________-___ day M cash succcrding __-_. _. _,-_-__ _-_. IC am sranter paid,
IR? tha balwlve of pfitteipu) and accrued interest shall he duc used payrhle .____ afro
___.,,
t>;? Closing. Payments ^ Shall ^ Shall Nat bt increased h}• __ __... _..._.... _... oC estimated annual real extase tuxas, and D Shull
I&{ ^ Shall Not fl@ increased by of esbrnateJ corona! pnrpen}• insurance pmmium. T'hwlnan shall xlso comaen the
Ixi (uBowing tcnns: (1) if am- payment is tart 12ceived within cafendardays after its due IWtc, a late t,•harge ul `n
1E+G of such rtwnthiy payment shall be duc, (2) interest un IclNlur disbursements under the deed of trust shalt be ____!M (xr tnwum,
t87 i3) default interest earn shall he ______9f. per annum, (9) Ruyor may prepay without n penahy except _--___..__-. __....__.__......
I riss _ ___ ,and (5) Buyer D Shag ^ 36x11 Vol execute and deliver, at Closing.
14o u Sacurity Agreement noel UCC- I Financing Stammcnt granting the holder of the pmmiasory Hate u __ ____ ____ (I sl, 2nd, em.i
too lieu on the persmnul pro(wdq included in this axle.
Ivl Ruynr D Shall D Shag Nat pruv-ide n nwrYgagr~e'., rlrlr. ulsur:utcc pniky,;n Ru}•er's e.v(alnz+.
tv> 5. FINANCING fOAD1TIOKS AND OBLIGATIONS.
t`/? a. Loan ApplieatGat. 11' Royer is In pay all nr port of thN Purrtulsc Price by uMntning a new luau, ur if an existing la,m is nut
lo) av he mleased at Clcvsing. Buyer. if required by wch lender, shall make a vedfiahle application by I.oaer Applkatioa headline (; 2c).
I`+? Buyer strati colrperatc with Seller and lender, to ahtain luau uppruvah IIILI(:ENTLY AND TIM1tEI.Y PURSLtE 3A41 F: 1K G(70D
ItiA FAITH, exevute all documents and fwn(ah all infoematicm wrd documents required by lender, and, subject to subsuctiuns Jd(!) urld
t `) % 12) and § 4e. timely pay the costs of obtaining suck loan m Iellder's ctmsont. Buyer agrees w satisfy the rcusunabin reyuirrments Ut
!'>S lender. and shall mgt withdraw tha luau or esaumptiun applicutial, nor tntentlnllally cause any change in cireunlstarlces char would
n>'/ projudis't lender's ;rpgrsrval of the Man upglicadtm ar funding of the loan. Ruycr may obtain diffcrcm fimmcing provided Scltcr
2rm incurs n,a a&Gtinnal Ifelay, ens( or expense, lord pmvitleel Bayor is approved fur wch xubsritutu laver.
?III b. Loco Conditions. If Buyer is to (sly ulI nr pun ul the Purchase l4ice by trbtuiniug u new kruu as s)mcified in C 4d. dos
?Ir3 Conlnrd is colulitiumd opuu Racer's uppmval of the availability, Ictms, conditions noel cost Cur the new !veal. This condition is For
~u? the benefit of Buyer and shall he deemed waived unless Seller receives from Buyer, nn later than Loan Conditions Ileadllne (~ ?cl.
_tz7 written nlsacc of Buyer's elcc[ion to wrminate chic Cantmct xs ouch hvan was not sansfactaq' to [layer. Buyer shall ant. have the
'-413 eight to terminate wider this § Sh based uri the terms rv cmnJitkms uC any loon that is the same dx set forth in tg 4, II' Royer su notiEk;
~(r(+ Seiler, this Conaact shall tennirrate. IF SELLS[t DOES NOT RECEIVE WRITTEK NOTICE TO TERMINATE ANU
!or BUYER DOES N<Yf CLOSE, BUYER BEFALL BE IN DEFAULT.
3na e. Gr:•edil Iafotmalioa and Buyer"s New Setdor Loan, fC Buyer is to pay all or part a(the Purchusu Price by executing a
31J8 promissory nmte in favor, of Seller. rn it an exiating loan is ern to ire roleased at Closing, this C:nntract is conditional (for the heuefit
'_t+i of Seller) u}nm Srllec's approval of Buyer's fmaridal ability and credilworihincss, which approval shall be at Seller's wle and
Y t t absolute discrets.as. In such case: (t) Bu},rr shall supply to Seller by Buyer's (:nedit Information Depoline (S ?c}, at Royer ~ expense.
_'I: information and documents (including a t:uncnt credit report! ctmcerning Buyer's financial, erngloymenr and credit enmlition: (ter
' I I Buyer cnnu+nrs that tiellcr ma}' vcnfy Bn}•er's financial ahilny noel cretfitw•anhines+; (3) any Bach infomrruirm and dawnmcnts
' I a received by Sutler sYlall be held by Sd(er ht vunttdv:nce, noel na mlcssed to uthen exes:pt to pmtcwt SuBer's inu:rest m this
' I i transucteln: (A) in ttx even l3uyer is to executr n pmmisxcxp note secured by a decd nl'trust in favor of Sel)er, this Cnntruc4 for the
'.tr, bencffi of S.ater. is anwlitional nprm Scllrr's approval of the terms aril conditions of any new tcran to be obtained by Buyer if thv
'I + dee4 r,l !rust w Seller is to ts: suhordinale to Buyer's Irew• Inan (Baytr's Kew Senior luart7; Srlkr shall not have the right to
I s tcrmiuato utxler this S $c for an}• Conn when all senh specific 1. nos noel provisions ie.g., interrst cute, principal, paymmlts, pre(wynn:m
' 1:; pen:dnes. due date. ztc.) are mar as set Cnrth in t 4 nr elsrw•here m this Contract; and (5) if Seller does nrX deliver writren notice et
-'<' SeRer1 diclppmcal of Bu} cc's financial uhlhty amt crr`.tilwonhuvcss nr of Buyer's New Senior 1 rnrn m Bnyrr hr Ilixapprovrd ul'
Mu,a{'ntil-11WM. t(1.11ad11111111~T ~1\USN.LL NEALGlLVE.,AL1. 111'P:x111. 1•NUI'Y.NfILIi Na~iul l2 '~'~r
h,d.n
V•
'~~ ~ ItuxtY's Credit hdin'maliun IYeadiim~ s4 `~. f. tkrri &'II-;~ ;qt e~: ~, rho ruudnn:sus t~,9 I<n7€, In Hu; ,r, lino It Selle, :lam, •I h~.~_a
sh oleo n ,C. i „I dca.i,praval to liu par nn ,rr hJ r:i ~.. n.! d rlr. Cu, t_„ iur.hl "Tull Itlru nu alr_
' d. l'.tistink Luan Bcrius;. ]! uu aalvln~ :,+:u?,.; ant P~ hr r.'•,,..hl .u. Civu~. Sync. Ila!I .It;lc..: znplc, ,d rlnr b.,,w
,luann: nr, unrludi np: u,si:-<IdeJ .A I=use sari uu} n i:(ii ii an, nl•:I F„ ling. r by E.xistinK Luan bucntnzrata headline ('J '_ ~ I,ri Iin:
_.., h:~nr;n .,I lturritin..l'.vslelE[idc<,nditiuudd upon ltcrvrr;lr~ncw sod :q.pun.d ul lbr pn.n latuu+utnm:h bran ,btiuniema It u,iltru
. er~azcc u1 nhjrctitsn u. turn h,:us d, u~uns•zn;.. .i::n:d h, Itu~~rr. i:, nru r;.cn.~.l r~. .tied Fri hp U:xisting Luan D+ntttncnls tYlsjrrliun
IYS;ullint' +§ ?. /. 8urtr arcrpts the Irrnts and i,mdir:,an s,l'tlsr Ifun;wcats. tl ttn_ I~wkr'•, :gzpn>t:d rd' a uanzfrr u(da• Pra.'p. n+: ;,
!s re~siusrret, this t'outoiit i. iunditiunvl upsnz duyer'v nhtalnmt: each apprnv:r. tcidnsul tilange in ltx reruns of such loan. cxcxpt as crl
L'v oath in ~ ya. ff lender"s epprat nl is n,A obtained b}~ Lnwt ~I7urwfer Apprneal IYead6nr (# ?c 1, this Cwurtcl>hakl rermiuate ou .u. h
Ala date. if Seller is w Ise released fmm hahtttry crier sudl uxistin;.' Iran and Huy-a' days rust obtain such enmplianrr as xt ibrl6 in # 1e.
'31 this Cotttraci may be terminated at Reflrr's option
tt2 6, APPRAISALPRUVIS[ONS.
1: u. Appralattl C'nadltiou.
i~ ~ (li Sal Applicable. 'fhix ~ fia ahtdl not cyrp6y.
?;5 ^ [21 Convenlitrual. layer shall Iwvc rite sole uptiua oral elccthw r<> Irrnlmatr this Comrcct ii'the Purehnse Pricy exceeds
lei the Prulxrty's vuluatintt determined by an appraisereaoagrd h}• _ _.. __ ..,...._ _._~_._-._.._.'Chis
335 Cuatmct shall mmzinule by duyor tEeliveriog to Seller wvinen notice of tcrmin:ttiun and either a atpy of ouch appraisal or written
23S notice from 1en!Jrr that confirms dkt Property's valuation is less than the 1'w'dYasc Ricr, rweivtd na ur 6eFure Appraisal Deadline
2w (# 2c)- If Seller does nut receive sm:h written ncnicc of tertnination on nr before Appraisal Deadlina (# 2c1. Buyer waives any right
24q m trtmituYtc under this subaectiun.
?y I ^ (3y FHA. h is exprexsly agreed that, notwithstanding any atkter provisions of this Contract. the Purchaser fduyerl shall
>a'_ nut hi: nbligatrxl to complete the pwchase of the Pasprrty drscriFrect M:min or to incur uuy penalty by forfeiture of Eamrst Mnlxy
:i+ deposits ur Wtterwise unless the Purchaser (duyrrl ha.c been Given in accordance with HUAtFi{A or VA reljuiremenls u written
2~l•I s`tatetttent issued by the Prdeitd Huusittg Cummiasinnrr, fhpartlnrni nF Veterans Affairs, nr a Dimct Enriurs'emen[ Ecrrdrr, s.lliug
245 forth the appraised value of the Property of not less liven S _ ,... Thr Purchaser (Bu}'erl shall have the privilege and
'4e option of pmeeeding with the c'onsuinmaziun uF thu Contract without n:gurd to the umouut of thy. appraised valuation. The appraised
).a' valuutinn is arrivicet ut to determine the tYYaximum nmtth'age the Drpurtnxnt of Huusink cool llrhxu 1Xveiupntent will Fnsure. HLIU
2JR dxs nut warrant thy. value our the condition of the Ihnpetty. `I'kk Purchaser tduyerl should satisfy himselflimtaelf that the price and
:.a'i rondluon of the Prupt:rty are acceptable,
Litt ^ F4i VA. It de exprassly agreed that, notw'itbsumrfing any' other provisions of this C'mnraet, the puehaser fBuyer) shall trot
:.'5 i incur any penalty by forfrihtre of IianYrst Muncy ur othrruise or be obligated m cornptete the purchase of the Property deacri6cd
;! IKrI'tlt, If the CUnlraCl PUt'cha~ f'rtce m' elYSt eRCGrdS llle rCaSUtlilhlC y':1IItC nt lilt' PngsCnV Csfflhllahed b}' [hr Department Uf Vetrr+Yll+
'S3 :\B'airs.'1'he purchaser (duyerS shalt, however, have the pyre iieer anti option ut Irnxcedinpt wigl @rr comummminn of thi.r• Contract
25.1 without regaed in the amount of the reasnnabte valor. rsusblishrd by the: CYCpzaunen; of L'eturws Affairs.
'S5 b, C?ual of Appralwtl. Cost of an Y' apprtds;tl to be nhtauted otter the daro of this C'unnact shall be timely paid by
^.3n ^ layer ^ Seller.
~5i 7, NVIDFNCEOFTfI'LE.
r,x a. F.videace o1'I'itM. Un or before Title Deadliou ($ 2c 6 Seller shall rauu al hr furnisher! a/ Buyer. at Sulker's expense, u
~!'? current rommitmsKlt Inc owner's tide insurance policy CI'itle F'nmmiimrnq in an amount eyuat a, the Purchvsc Price, w if this Fwa
:r.lt ix chrc.kcd. ^ An Abstract of title certified lu a current date. At tieFltr's exprnu, Ruler .hall cause the titre insumm:e policy ro he
'?1+1 issued :end delivered to Buyer as soon as pmeiieahlc at cn~ once Closing. if tr title iusuranrx iomnutuzent is furnishrxl, h ~ Shull
2r,? ^ Shall Rtd crmtmit In delete or insure over the standard carrptiuas which zrlatc to:
'G3 (l1 paKies iu poswssion,
2r>t (~) wrrecordedeanements,
!05 (3i s'trney mutters,
_'tu~ (41 am unrecorded mrrhauic's liens.
:r> i 151 gap perirsd (cifective date of commitment m date deed is r'ecnrdedi. and
jr;R i67 unpaid taxes, ussesslnents uud urux;deetmd m.R sales prior m the year ut Clusiag.
?utr Any uddnhmal premium expense to obtain this additional coverage shall he paid by ^ layer IH Seller.
^u b, Copies of F:xceplions. On ar hc[ure "17t1e Deadline (# ~?. 5ei{er, at Seltei s expense, shall fvntish t<i Buyer and
! ~ I S+ity.AFtnrney ___. t I) a copy of any plat+. drelaratinns, revenants. ennditinns and resmctinns
?7? >'urdrning rhr Proper(}', and f 2) if fl title lusurancr commitment is rryuircd to rte furnished, and if this box is checked ^ Copies of
a"; soy other UocuttterYis (or, if' ilte~ihle. smmnaries ut'such da:unsrntsJ listed in thr schedule of exerptions (Exceptinnsl. Even ii the
'?= Ix,x ; ant checked, Seller ,hall hoer the obligutian to furnish thane chswnYrntc puesumn to thin section if requested by Buyer tuts
',; time ze <+r hefisrc I7vaument Request Deadline (# 2r 1.'1'hi+ rryuh~aurrnt shall lwrtain ratty us dar:umrnts as shown of record in Ihr
r?n nti`iar of die clerk and re<:intcr m the enemy whale the Nuperg is locoed. Thr ahstrrct or tills insunmce vtnntrutmenL tugeutk;r wn4
.. ;usy Topics ur sununarirs of such tksrueaunts Furnished pursuant us thi, scY•ti:m, conuinuc the title documents t'fitkr. Uocuwrurs Y.
>la-ef UJLUI-IrF, tt1NTn:\lT rn tiOS.tAn tiN.t.l. kf:.11 FSUlf 1111.'1'FI'al rlr Yktfrtlkllt:~i Pu¢~eSnf 1.-"~~~
Icrl'1
V'
. .. ,. .ti¢asc+_ Ito ~:: b,a:a.~. !sun ry Uc ldltn ~~ !?. '..: ~ lellrl C1 Ruticr th;ai ,.ar::c Y,u.a (i,ml tln~ i,.n;r ..,~ !h.: lli 4.'
• (: n;!n!m !r:r} u: il:r I'Pal~.h! v Ih_ ojY!IIPnI i,E Ult' H .:I! dh.q Ball !u ,_„~itv .! rnn;•ul ~ Inlpl4r5'Ca1Cnt 1n1'iC1 NL:1
'~' ^ Inlprotrmerll Lur'utiun 1 erti Pcair U
'` :qt.'~J.r:.,r.pr;;,n,:h:~.A-:I!~6.r,,.,,taa4.tiu:~rg1. \u a.u,.+uu!un!•c~o: of ~. any t.U$t :i,!tiurtrt ~t~~l. la•": i.l h•. []Ituscr
'~~~ ®St'll('r I' Ihr ir,:! Cs,. Cols rlilM1 .v'nW5!n, ~ HllylY' L] 5t'il['1' ihna l:;i+ th a'i.±'=.;~ on rn I rlur t I' ,rite aril'.., ligt~ ~ :L:-li :'-'r. !~.
'ti ! Selhv h: 1 •:c Surv. s ! ,ozlrn•t. lir!crr'ti avuea uuhce allusint rhr rareptiuu G.n >u~ter m::n,a •..
's d. Common Interest Cnmmunil)' Ilutuments.
'sj ^ I E! Vu( Applical+lr. 'rho (7q shall n¢x apply
'x'' QI ('aunmu 6ttvnmt CbmmllnNy Discltlaurc. TIIL: I'RUI'I'1('ll' Iti I!)CAT'!:Il Wl IItlS a t.'(JbIMON INTERL:SY
''x, ('ONMUNI'I'Y AND fS SUISJIi(°f TO THE DECLARATION NOR Sl1CH C(1M~il1NiZ'V'. THft OW'V'LR OE^'fHfi PROPERTY'
'xk WILL BL; REQCIRFD "FO BF A SIE:MBBR OF THE OWNER'S .ASSOC'1A'I'ION FOR THE (:OMMLNI"fY AND Wil.i. ti F:
'~'~ 5CBJECTTO THE BY'LAW'S ANU RULES Atid RBGI!LA'I'IONS OFTIit. ASSOCIATION, THE UECLARA'f10N, BYLAWS,
L`x! AND RULES AND REC,UL:CIfONS W'ILL.IMPCIS[i FINANCIAL. (lIil.ItiATIONS LIK)N THN OWNER OF THE PROPER'I 5'.
',`>I IN('LLDINCi AN 66LIG;ATION TO P.AI'' ASSESSINBNTS OhTHB ASSClCIAl10S. H='I'IiL' OW'NBR D(!1°iS NO'C PAYTHCiSE
-">' ASSESSAII'N I'S,'1'HF..'15SCx.'(ATIONCOULD PLACE A LIEN ON'rHH NRONHR fY ANU NOSSIBE.Y SLLL I'["1'O PAy'f l II+
"i! Dli6"I.iEELD}iCLARAI'IU\.BYI,AWS,.Ai~DRULESANDRF.Ol1LATIOS~SUETHF.CO\9Ml!Nl'tYP~1,\1'PROHIBI'i'"1'111'.
'!`< O\b'ABR NROM MAKING CHANGES TO THE PROPERTY WITHOI:'1' AN ARCHITECTURAL REVIEW BY THf'.
?oS A55CK'1?(flON tiJR ACf?MMI'I"f1F:Uf'THE A5SUCIATIONJA\D THE APPR<)VAL ()F THE A550C'IATEON. PURCHASI;R5
'-'+f ON PROPERTY WITHIN 7'HF. COMMON INTERF?ST CUMMUNITY SHOtiLU INVP„STIGA'Ch' THE FINANCIAL
?y? OBLlGATIONSONMF;MBE;RSOPTHEA$SOCI,4FION.PL'RCHASERSSHOU4DCARGF[:LLYRE.4DTHEDECLARATION
'ax NOR THE COMMUNITY AND THE BYLAWS AND RULES AND RFiGL'LAftONS OI' THtS:'19SCK'IATION.
~tI9 ^ (J? \at Condiliuual as Review. Buyer aaitmlwledgrx that 6uyee hax received u copy of rile owtlers' a_ssnciatinn
+tx? (gssceixtinnl declantitms, bylaws, toles and regulations, party wail agrarmems, minutes of mrwt recent annual owners' meeting clod
.01 rninutes of any dirtx'uKS' meetings during the R-tnomh pei•ind imnxxliarely prteeding Tidr Deadline. if uny (duventing U+cuntenta),
+tLs mss[ recem financial drxmnents consisihtg of (a) annual Mulunve shrel (h) annual income and expenditures smtement, and (c! annual
t!r( hlalget INinancial [kxumrnuj, if any (culkctively CIC Dtx:umentsl. Bu}•er has rcviewrd them, agntiz w ucerpi the benefits,
Hii obligations and rcstritMhnn that they impose upon the Proprtty and it. owner. :mtl waives any tight to Ccnninule Ihia Cuntruc[ due to
toy such d+x:wnen[s, nowithaanding dte pnrvisions of ¢ Rr.
N1b (~! CIC Ducumenly to Buyer.
'!" ~ la) tieller to Provide CIC Dncumenls. Seller sJtall rausr rhr C'[(' prxunrenis u+ he pmvidcd to Buycr, at Seller's
Ynx czpcns,, an or before Title Eeadline (# 2c).
alt`! ^ lh? Seller Authnt•hes Assnriatlon. SaFler uutha~itcs the ;\satxiution to protide the Clt' Uucmrxnt. [o liuyca al
Liu Srllcr's ezprasc.
!I t ^ ~rf Roller's Ohliaal'nm. Seller's nbligalio» to prov!de the CI<' Dnnuvenrs shall hr fu![illed up+?n Buyer's reaoipl of
it? dlr ('IC' Documents, reg:ndleas of who provides such d<xunxnts.
3t3 Ic) ('ondiNmtal nu Buyer 5 Review. If the bus in eiihor subseeliun 7di~)(uf nr suhxctian 7t14~?ibl Lx rns:cked, the
tt-t pmvisitens of thts subarotien 7df5) ztlall apply, Written notice u( mty' uns:uisfactury pntvision in mty of the CIC'. Dttcumunts, m
tIS Buyer's soharetive tlitetttian. signed h}' Buyer, nr on behalf of Buyer, :nrcl tlriivrred to Seltrr un ur brfarr CIC Dtlrwuents
;It+ Ohjectimt Deadline (4 :.cf, shall Icrminute this Contract.
SIY Slwuid Buyer receive the CIC [htwntrnt<+after TEUe IyeWlline (~ 3e!. Buycr xhu(I hove the right. at Buyer's nprinn. to terminate
sia this Contract by written notice delivered at Seltrr on ur beftur tru cuirndstr (lays after Buyer's macipi of the L'LC' Dncamenu. tt
319 Buycr does not receive the C9C Dtavmrnts, or if such written notice w [rnninutr would ofhrrwisc hr rryuircd nt t+r dtlivcred after
'•'2n rhr Closing Date, Buyer c wrinen notice to terminate shall br received by' Sclier un ur Inlorc three culandar dayx prior to Chrsing
??I Date ta' 2u>. If Seller slue.. oat ttxrivr writtea native from Buyer within sucH time, Buyer arcrpCS rhr }xvvisiuns of tttr CIC
t:3 Croruments. rim! Buyer's right W trnninutr this C:untrue[ pursuant to this subsection is waived, notwithstanding the pnrvisioas of !5 xr.
321 NU'1"@: If no box in this ,$ 7d is checked. the pruvislons of xutxectiuu 7dY4)(a? siwll apply.
3'S a. 'fli'LE AKU StIR4 F.4'KF;\'l1iR'.
?',h a. Tilly Review. Title krvtew. Buyer .hail have ttx; right to inti%:Ct the `Fide Documents. Written nonce by Ruy'cr ul
?' ~' ummrchantak hty of title. Eons ur content of Title Commitment or of uny other unsatisfactory li[le crmdition shown by dx: T¢ih:
)2x pocuments, nutwitbehmaling ~ 13, shall he signed by or at behalf of Buyer and delivered tv Seller un or brfuro Title Objection
?-"! DtiatllEne {S 2c), ur wdhm lire rxlrnttar days after rccerpt by Ruyrr of any changt in thr'fidr Dncumm~te rn rndursrntrnt [a the
7.;(t Tiik Armmiunent tugedter with u copy of die drx:urnent adding uny new 13zcrptiun u+ title, tf Seller Hors tun mcrive Buyer's nonce
a +l by the dole sprcifted uMvr. Buyer arerlus the rrnlditiun of iitlr as disclosed by rhr Tilly Documents :u sutisfaru¢Iy.
? t? b. hfaElers aul Shnwu by the Public Recttrtls. ticllcr shall deliver to fiuyer. uu nr before CNT-Record dlattrrs Deadline
J i ri ?. t true arpirs of all leases and xnveys itt Seller's Ixtssrsuun Ix:rlainin(! to th;: Property and sta•+II dia•lusc to Btryer a?I easent:na.
1 ct Iamc (inrhniing, withruct limirttirm. ~uvt•nmtenral imprnacments approved. but nut yet inuullydt ur uthOr title maucrs (u!c~tudinr,
is +eidrout hnu[aliuu. ur;lus uE lira ralu.al, soar reptinasl nut shown by rhr puhlie. rcrords of which Seiler ha. ae[ual knowirdgr. Buvc!
"' Thal l hater the neht to urperr the }'¢nprny to investigate il' :w}' tl!inl party has alp' nkhl hr dm k'ruperte out shown by the puhlie
Na. d'a\7-la-fay. trlV ln.It'I SU Itl1.1YL 9F.LL aF..1i iKG\rP b111.'fYMklrr?'YnUi'Failb'Ki I'u¢ve rA i? "r
I-, ,.A
.. .. cool.:-~u;ii :n -An n u -,<I~;1 ca+n urt,t air.. n.IcJ b_.~>c ~„ Iruu a;!;a, lun~ dacr~p.tn:'rl bV,urru i„ni.c ~ ,nt'~ all sari '.u_b. =~'~
-•a,dd uni hs~I,,;rJ 1~' :+r•Il:r „r Tcs rdcd I~•, -+n~ I! mrvl~c,_Ibn,- Iii+l ~.tyl h.! drdtug ,'- I+, !cdl h•:r ii _~UCUI h~. nr .rn h21t.Af of 8u4`.. <i4d
' n ,I ?~~cu.l a,~ ticllc±.a nr N, ~.Ln=• OFI'•I{erord 1'l altos (fhjrrtiuu BcatHinc ts- st. tt i t.•r d.,,:. niu rc:rn'z N. dr; '-, mrt,-, I ,-,..sic'
.. dab. f4nrt .,:.'tl•1:; ur uJq,~ri b.~ nniat ri}'lU~. a r:n+:.,d rlni I I;ul:r>. !d ahicL Bi:•a't h~.v na ua' in_, rl:',d~ •.
". c. Srtr+t'a Review.
~- CJ tL 1ot Applieablc. This $ kc shul_ m,a:grply
., ]~ 1?) ('anditkonal rm tiurvey. If Ihr !sus u~ dia+ subs-,:arum ,rt;i c> is Aheckad, F3uycr ;hall burs dw right u, u,;pc;t rhr
.-- Sw seq. II wriu,-n m-rli,r: by rn an hehalE' u{Buys[ of any ml>.u i+?acLug;:<urdSlinn 4hina'n by the tiurvey~. nahvidl~t:utding ` Rb m ~S t {.
+Li is roceived fsy ticllcr un ur before Survey tlhJeclinn Dr:tdline !~ 2et dren nueb vhjcctiuu sh:lll he darttted ml uma?iclaruu-) Iah~
tar, cnnllitiuo. If Sellt+ duce rem rx'cive Huycr's notice by Surve} Ubjectiun Deadline (ss 3cL Huyer accepts the Sun~ey as satistncturq
sT~ d, Special'laxing 6ixtricts. SPECIAL 1'AXfN(: DIti-[RIC'('S MAt' HI: SUHJF.C.'7 Tp CEI\ERA[. AHLIGA'I'IOA
ra* ENDEBTEDNk:SS THAT' IS PAID HY REVF:!iI1ES PRpDCCED FRUN! ANNUAL'['AX LFYIFti UN THk: TAXAHLE
t.lv PROPERTY R7THL\ SUCH pFSTRICTS. PRUPEk'1'Y U4tiNk:RS tpi SUCH DISTRIC"fS MAY HE PI,ACEp AT kISK
+ttt F[}R INCRRASEp kI1LL LtiVIESAND EXCkSSIVE TAX BURDENS TU SEIPI'ORT' THE SERVICING UFSUCH I}EH'I'
tit w~HRREGIRCcUdESr.1NCLFRARtSERESULTihGCNTHF.fNAflILITYOFSUCHApISTkIC7'TUDISCBARGF,S[:CH
+s.? 1NDEBTItDNES.S W1THpttT SUCN AN INCRk:ASE IN M1EILL LEVp:S. BUYER SHUUI,O INVESTIGATE THE DEBT
tst FI\ANCLVG REQUIREMENT'S f)F THR At1T'HURIT.EI} GENERAL UBLH;ATION tNDERTEDNES.S pF SUCH
7St DISTRIE,"CS, EXFS'TTItiC. MII,G LEVIES pF SE1CH DISTT[IC"l' SERVICING. 9[ICN INpEBTEDNESS, AtiD 7111:
l55 P[}TENTIAL FOR rLV LvCRF.ASF, -N SliCH MILL. LEVIES.
i56 In the event the Prapeny is located within a apecla3 foxing disMet and Buyer desires to terminate this Connect sa u result, if
tg7 >-r'ritten mNice, kiy nr on behalf of Buyer, is mceived by Seller on or f+eforc Oft-Retrord Mutters Ohjecthsn peatiHue ({' a: ), tha,,
75x (`ontraet shall terminate. If Seller does not recntve Bu}'ers notice by such dare, Hover accepts the effect of the Property's inclusion
;5'i in such specie! [axing district and w•aivea the right to terminate fvr that reason.
trio e. Right to pbJlxl, Curs. Buyer's right [o object shall include, but mr[ be lintitw! tu, those matters listed in ~ 13. If Seller
to I receives aeries of unmerchrultubility of title or any other unsatisfactnry• title condition ar colnntitmenl terms ~ provided in 4t tta,
tt~' h, c and d shave, Seller shalt use rousonatrle efforts to correct said items sod bear any nominal expanse to srorrect the aante prior to
3r>3 Clmhtb, if ouch unsatis{actory title cuttdiuun is nut ~armctud to Huyer's satisfaction on or hefae Closing, this GOUI71ret shall
;c«. tenneinate; provided, however, Boger may. fry written notice received 6y Seller no nr before Ctclsing, w'sive abjetdon to stash trams
ifiS L Right of First RefusaC or Approval. if there it a right ot` first refusal un the Prupeny, ar u right to appnrve this Cuntmct,
tr,6 ScllershallpreunptlysubmiuhisCattractaccordingtothrtrrmsandcnnditionsM"such?fight.IftheholderaftherightoFT'irstrefusal
te? exrmiscs such right nr rlte hokter al's right to approve disappruvns this Crmtraet, this Contract shall terntinatu. ff the right of fiat
tea ret'usal ix waive) rxplicitly or expires, nr the C'untrtc•t is approved. this (:ontracr shall remain in tut! force and effect. Seller shall
tlr7 promptly auGty' Huyer of the &xegoing. If expiratinu or waiver of the right of first refusal ur Contact approval hss not occurr>rd Ana
tin iu before Rigbl of First kefusal Deadline (t 2c), this C'nratracT shall [ermin;uc.
a71 g. TilluAdvisrrcy. '~heTi[lel7ocumemsaffectthztitle,uwnershipanduscuCthePropertyandshuuktberevicwedcaret'ally.
?" Addita+mdly, other mutters cwt rul7etted in the 1'itlc Dncumctns may stt'ect tlrc title, uwaershiy nod use of the Propurt}', including
„. without 6mitatinn brnntdaq• lines and encroachments, urea, 7oniog, unrecorded casements rand claims of easements, leases and other
t7-t unrceonled agrcementa, and various Inws amt guvenuneutal regulations ennccming land use, development east environmental
3^:S ua:nten. The surface estate may be owned separately fruit: lhr: underlying Inilreral estate. and tranxfer of lbe aurtece estate
.file dots afar rrecessprily include transfer of the mtnerel rights or water rights. Thuvl parties may hold interests M ail, gas, other
:"r' rablerats, gelliherntal energy nr vrater nn a under the 1'rapeny, which interests may give them rights to enter and use the
t7A }'rnperty. Such Inuttcrs may' be excluded I'rsxrl or not covcru! by tix tide tnsuranre }x,licy- Nuycr is advised to timely wmsult legal
x'77 tounxel with respect m all such rtratters a there are strict title limit. prnvlded iu this Contract (e.g., Tltk Ubjertian Ueadpnc la
talc 2cj a1tJ Uff•Record M1latters Ubjeu'ti<ia Deadline l( `?elf.
tat 9. LEA[7-BASED PAINT. Unless exempt, if Qte impnrvcrosnts un the Prapelty include mte or nwre rexirlential dweltittga fur whiuh
t»? a building permit was Issued prior to Imtuary 1, 7978, this C'ontrakt shalt I,r void un}css a completed lead-IIased Puiru (Aaslosuraa i5aleei
?:~? form fs sigrutt by Seiler urkl the required roaI estate liceu+ees, which must occur prior W tM: panics signing thiv Contract, Ftuyrr
isa ukltow'ledges timely rer;eipt uta c~mpletusi Lead~Hused F'uint Di+cknun: (S:ilesi {arm signed b}• Seller acrd the real estate licenxca.
tSi l0, PRUI'EkTY DISCI,USURE,1\SPF.CTIU`. IN5URAB[LIT"S' AW B[IYF.k IliSC1.USl?RF..
ran u. Seller's Plxtperty Uisclnsure peadline. pit nr Fn.tare teller's Property Disclosure Deadline (§ 2c), Seller agrees to
is' deliver tp Huyer the most current version of the Seller's Prnpuny 6isclusure Enna completed by Seller to the best of Seller's actual
:aa knowledge, current as of the dam of this Cuotract.
;a'a h. Inspcethrn tNr]ectitrn Deadline. Huyer ch:dt h:ur the right to have utsl>`ctions of trie physical condition of the Propery
u)o ;auk tncltrsiwts, at Buyers expense. IY the phVSicul enndltion at the Property or hrclusions is ^nsutisfxx.laty in Hu}•er'x ~ubjemiro
.:!I dixc•nainn.. Huyer that!, nn nr Mfnrc Inspection pbjec[iou Du'srdline i¢ .'.e ):
tv2 (i) nntily 5el:cr in wrifing that this t'tntrrri is terminstcd, or
i•ir f31 deliver a, 5eEler u written descripti<m of any mna«sfactary physical nnuliiiun which Buyer requires Salle! to coccus
+•n t~aare h>Cr,rreal.
\u, Cllr}I-In-la,. P09TnAP'r TIa 7N T'.x Vn 51111-ae'xr a?'{dl'C•tLt I1Pr+Ol'lYIl rYrk'1'IL# 1'nxr x.?I? 'w~
I„i,la
'n. ! •Iiilru ^•vI. r. ro-rt retr.: ci I,y Seller i n al h~I:,i•. tn11H'clLltl (16jcifhm Uea+ilinu; , 'r 1. rL. 1•t' .'.+1 .nro'r ,.•a ,d 7;1.-
,v:, I•L~'~•i t', ruin InrL.a~nl•. ,iull h; rl:tm;d 7.+hc taTrviitiin~t b• Ifu4~•;
^'~ ~ c, Bt•>,duli!rn lh•atllirte. 17 a nun.v lot •.ittTf:7 +: t •, ev: td h} \r11,-I ,ula d L"trt rl .rod ti,~llcl Irn'l out u,ee+u ill ,^.ritinr bl .;
'.a; .anlrnlrul IL:Iroi tau ro I~cluru ftcsolnlimr lkadlinr I§ '. i_ 1hp. 1 ~nna:7?t sha=.1 tL'IUlirrrtr unr c.d,:nJv J:I~, I~IF..ain~ ke,uluti,.u>
',.+.~ Ikadliur•;~T. I. vul bcl:nr:.ucll 4:nniuatirni tic•I«:r+rr..r:.:; Itutic(, unlr:n +.v5dra4sal „t rhr N~rtl.r 7,r(larc;7
;pl d. Inutfahilih. llr.,,C+ntu d.7 is ruiidii isutrJ up+nl Buua 'a ~,:nrdnrGuu uo lh;~.ri•.uhjr.tli-r,lnrlrtnmli ith the ., rn i!aliiiir,
ul r.~rnn .url irnuhr„ rm; nt and przlninm h^ pruyrn} iu:waus 16n C~unact .hall [.:innna G• upon tid 1. is r:fe7p:, nn nl firm„•
;n froperl} Insurance t}bjrc Lion lteadliur t§ 's}, ul Huyct's csrittcu erotic: that ,urh nuwau::v +aa. not a:aia:+;~arra n, Itur 7. I? n:in
~!!' u,riirc i, nor timely rccrircd, Buyer shall hnz amivzJ any ril:hr «. termin,ud uuJet tL:. )nu4tsuw. .
ur l e. Uamagr, Liens and lndentniig. Bu}•rr is respcmclhlz tnr payment tsrr nll inaixc•lions, teas..+un•ry.,. auginez7 iug mp,xn,
~urs or nnp other work purfonned ul Huyur's request and shnll pay (ar any damagz which occurs to the Properly utld Inclusions e. a r¢su0
-tor, uF such actis•ities. Buyer shall twt pennie elairns nr {!ens of any kind »g»inst the Iknpeny tar insiroaians, test,, surveys. cngincering
Ii+ reports. nr any other a•ark perfnmwd on the Property ul Buyer's reyuzst. Bugcr ugrezi la in+Wmnitp, pnricct and hold Scikr harmless
uta ISum next ugainv »ny huhiliry, damage, cast or expense incurred by Seller in cannectiun with any sorb inspection, elairn, ur hsai.
unr This indcmuity includes 5eiler's right w recover ell costs and expenses incurttx1 by Seller to aafmte this sraiuu. including Seller`s
-tti reasonable attorney :rod Izgal fees. TMr pruvislaav of this xectinu xhull suren~e tha terminaGon of this Contract.
J I t L Buyer Uisclmwre. Buyer represents thttt Buyer ^ Dues ~ Dtres Nnl acrd ur sets urM eiosz a property to compktr this
11'z [I'ansac'IxNI.
41} \ole: Any pn>ttcrt} vita cantingrncy shnukl appear in Additional 1'rmieions (# 2$).
at4 11. RIETNAhiPHF,TAM[N6 I.ABORA7'ORY DISCLOSURE,. Titz partizs acknwvletlge that Salicr is tequirzd to di;closr
•:li whether Seller knows thnt the Property was previously used as a methampttztamine Jaburarory. Na dis;:lusuro is reyuii•ud if the
to Nn,pzrty was rutnediateA in kccstrelancc with elate standrirds and other requiremantx »re fuifillyd purou»tu w # 25-It35- IU2, C,R.S.
at; Buyer further R+:knowiedges that Buyer has the right to engage a eoriificd hygienist or industrial hygienist tv ast whRttcr the
+t s Fropert}• has ever been used as a methuntphettemine lulwra«u}, in the evrm That the Property has been axed as a nxetharrtphenrutine
~I19 IaMtrutary, Buyer may deliver wriltw notice to Seller, an ex br:fvre ('!using, to teantnute this Contract.
•{~r1 I /, CLOSIti(i. iy[b4efV OP dtYd (rant SttlCr (4 Bayer sh:dl 11e el C1aalllg ((.1ir51ngl. (`laslllg %hutl be art the dillC tiI7<•e ll Xit ati Itir
1'I Ckndng Date (# ?cl nr by mnnml agreement at art earlier dote. The hour and pluzc of Closing shall M: us rkxignmed by
4?_' Pifkin Ceypty Tltla ,-__ .
~I't 17. TRANSFER OF TITLE. Subject to tender ur puynrt,nt at Closiu}, es required ht.n,in and ccxnpliance by Buyer with the+4her
f3~1 lenn+ next pn,visians hereof, 5cllzr shat) execute Rnd deliver a,gcwd and sutlicient Baraaln and ^ygig--__" ,
4 `i dreJ u, 13uycr, m Closing, conveying ttta Property free un<I clear of »I1 taxes except the general taxes far the year of Clming. Iisccpt
I'_r, as pravirkd herein. title shall be convoyed free turd cleat o1 all lien:+, including any govommenad lions [nr speelal impmvemears
.ty' utstalted ax nt the date of [layer's signature 6ereun, whether assessed or nut. Title shall tic conveyed soh}ect to:
?"Sg a. those specific lseeptirnrs descritrcd by reference to recorded documents as rufluted iu the Ti[Iz Ihacmnznts ucceptesl M•
-s;o [layer in ucarrJautr with ~ Ka ('t•itlc keview•}.
a to h. disuifiutiun utility easements (inchiding cahlc'tV ).
hf t c. tbasz spccificatlc dr;acrlkrzd rights of thin! panizs our <hown by 6r. Irulriic ren,nis u: which Buyer hax actual knrnvkrdne
43J aril w•bich a~em ucccptc+l by Huyzr in :kcardenee with # gb (Mutters Nut Shown by the 1'ublie Kc.ankl cmd # Xo ISurvcy Rcvirre~l,
~I tt d. iucluxina nt the ('myxrry within any spec!»( taxing disc ict,
-i'4 r. the hencfiu cmd burdens of any recorded do laration and party wall agrormrnts. if :nry. and
435 fi. „thee NIA_...--, _.. ___.....__.......___~ ~.----."----- --- -._.__.--------...._..
43a i•4. PAYMENT OF F:NCUMBRAYCES. Any encumbrance required w he paid shalt he patd at ar before Clashtg from the
-157 proceeds of this ltunsadiun or from arty other source.
4tA IS. CLOSING CUSTB,twCt:J3E.~TfY. A.NDSERVICES.
4?Y a. Good Frnt~. Buyer and Setter shah pay, in Gtxui Funds, their respxrtivr Closing costs and utl other item, required to
JJn hc. paid at Ckrsing. except as otherwise provided herein.
d41 h. Ckrs(ng Daruntenls. Buyer acrd Selizr shall sign and rnrnplcte ati customary ne reasonab3y required dac:umrnu :n nr
44;. in forte (lasing.
a4} c. Closing Services Fee. Nee:: far real estate t'in.+ing aar+ires shall frr pail m C'b+sing by d Buyer C] Seller BI tlne•IIaB'
414 by (Sayer sled Une-Half by Seller.
.145 d. Status Letter and Trarusfer Fees. Any tees incident to the issunnra of Assercimitnr's sicetennatt ui assessments (Status
=tJh I.ett.rJ vha91 M' p:titE by ^ Buyer O Seger O tlne•NalFby Buyer and Sloe-Half by Setter. Auy krs inridrnt in the transfer from
14"+ Srilrr to Buyer »ssesaeJ by the Asxrciuti,u/ lASStxiation's Tnarsfer I~cet sb+dl hs paid fiy ^ Buyer ^ Seiler ^ One-Halfi by
44•+ Buhr and Sloe-Null by Seller.
•fl'+ r. Loral Tranxfer 'l'ax. "fitz hx a! transfer ws al' _ _.NtA _. s~ of dre Purchase price siadl ba paid :u C'lusittr by
4:a. Q Buyer ^ Seller O (tor-tlulf by {toyer and Onr•tlalf by Seller.
~thl f. Soles and Use lax. Auy soles oral use rux Ihut may ocelot b.•rau;.• ul this nnusacuun shall hr paid 4vhen due by
~ts~ ['] }{user ^ ~eliet• ^ <ine-halt' by 1{uyrr and Our-Itulf b}• Sc1k~r.
\n. r/'a41-tn.rrn, CO\'rR \("f TU RI"Y .IYIt NFII kF.lt. RVf.xfl: •All Ill'rw Ul•1'RUI'Ekl'Irn. Pa~ener rL -'
:ri•i.n
!'.; IG. PRQkafp)\h. 1Lc :u;lu , u.:' ~..hrl: f,.. _ui~rna1 .~.. t'I+ain(; U:d, i : ':., r+k rpl a• ,~: tier i pu stn....I
1~1 n. 'l axtro. Pa u: I*.:./--u, Ll+.v~;, d,m',. ;m,.l s_u~:al iia! : ra..:: 1, il:, ys,r ~~r t'.h,;in:' hr.c,i :,li L~ fntic~
1`° lire the {'.rlrndar 5r':u luuurdiah•h Ihvccdhtt: Closing tJ Must kcccat Mill Lew} and Wu.l kensrt 3~u•s,~d 1'ale:uinn
.I ~r. ~ tllher
br ~ h. Krnts. It-:nt, b.r,rrl :ni ^ Kcnrs Actually Kcceivrd ^ rircrnrd. Srrm uy drix~. ;.r. i:•Id Irv ~r11 i r..l' I».• rb.-thtul o
I=:, $uycr. Seller than ~; i *u all Icdvca I,r liuyci uuu liuy~s tia:d :r~~?nnc• ~.rrn la;:x'~.
l;a c. 3sstv'iuGon Assessutcnly. trrrrcni rrguL'Ir:Sv.ut rnum.ruei,.m.nts:m,l Asaxiaunltaur;l:l;.,ri r•n art ;\*x•',av:uns?puitl
ann is ad+anee sha}€ kw em:Gtca ar Jrller ai t'lusut~. C:uh n. 'cr~ci heal ,xn rM stir regulru A>sac,;:aan :\s.r+~meula for dcirtlc•,.I
-cal muint«tuncr by the A»ueluliuu shall uuI he ureditod ue tic;Ier raccpl au nuw be nthWrwisr provided h}' the Crnvet nau~ I],,. wnen¢.
-k,< An}• spc:ciul asscssnrcml by tlw• Association: tier ineptrrvr u;cnt.: that fro tc bc'::n inslullnd as of the da«• of 6uycr-~ stgnanut Iren?nn ,hall
~tr,a Me thz obligadon of Seller. An}• adrer special asscasnrcm assessed prier to CMsiag Dale {S ?cl by the .4sxrcianoa ,hub hs+ the
do-l ed,ligauoa of ~ Ffuver O SAler tielter rrpresrms that d?r aawual ut the Association rlssassmevts in currmuty payulrk nt
1!>i S none pet NtA ____.. _.. and that there art no unpaid regular nr special assessmettts rtgninst the Pn?perty
~:fir• recept the ;:arrant regular assrssurents sail rsecpt
itr7 _.___ _: Surtr star+mnetds are subject tt? change us provided rn the Governing L7<nunmut..-
dr,x Seller agrtes to prompdy n~duurt the .ASSta9utaru to deliver to 8uyvr hafurn Glaring Uale f$ 2cl n «rtrnnt Status Lrnrr.
ien d. Other Pmratians. SV'ater and sca~rr chm'gcs, iotrrest on cuminuing lout. oral -- -_
tl{t _-„...m.~.
177 e. M'inal S¢ttlCtnt.nl. t;nlass otherwise ,tgrecd in nrhing. these p«va[inrts shall I?e t'itral.
~7' 17. PUSSESSIAN. I'ossessiun of the Prrq?eri}^ shat l he delivered. to kuycr on Possession Date at Passessian `I'itne {) ?ci, strtrjat
-173 to thefol{owingleasest?rtananrius: _---- ..__ ..__.__..__.----------------__---_ -._.._-
>?~ If Stlttr, after Closing, Atha to deliver paaaession us specified, Seller droll !k suhjuct la eviction and xhall 6c addittnnally liable
+7B rn Fluy~zr Ptu payrnznt of ~_5p0.Q4_.._...,.._..,._. per day rut mty port aF u day) front the Passessian Dale artd Prtnsessian'pime (S''_ct
=77 until pasxeasion is dahvered.
r, x Fiuyet ~ Dues 10 Drees \nl npn:sent that Haver wil! occupy the 1'ropernr as 8uycr'. pritu ipal rrsidtnce.
~;!+ lg. ASSIG\A8ILTT1'. Y'hix Cl'trntraet ^ Shall ~[ Shall \al he aasignahle by 8uycr wilhtrut Fence's prior written consent.
~iRO Fixcept as so reatrictsvl, this Cuntrtrc't shall inure to the benefit of and t+e binding upon dtr hems, pttsnnal reptt:seatuuvus, aucces.sors
lx 3 and assigns of the parties.
:x2 lY. INSURANCE; CUVDI'I'IOV UM',DAht3tt:h:'10 PRC)1'F.kTY AN!) INCLUSIONS. Exctpt ur utherwix provided in this
ax ¢ Con[nu't. the Property, Inclusions or both shall he delivamd in the condition estrting as of the date at this Gannact, ordinary wear
rs:t urW tear trcepted.
1R5 a. Crtsualtr' lasuranee. In do scent the Prnpeny ut Inclusion. shall be ttamagetl by tics or other casualty pritx to Closing.
d[ih nr an anrount of nut orate tltun ten Irerceut of the tuutl Purchase Prim. Sallee stint] be obligated to rapair tht: aurtte before Glaring
~lR? hate {I 2c 1. In thz went such danragz is not repaired within said tirnr nr it' iht damages ezetrd such sum, this Comruct may be
txx tcrrninated at the option of Ru}er by ttelivcring to Feller written notice of termination on ter before Closing. Should 8uycr elect tr.
.lxN carry tort this Con[ract drslaite such damage. ul Closing. Fluy'er .hull he cntit}al to n crceht for .ell insurance pnrceeds thla were
-vi{r receivtd by Selltr that not tha Asscwicuion, if an}'} resulting From such duumga to thz Property seal Inclusions, plus tht atonwu of
:41 'nay deductible provided liar in such instrranec pulley. Such crvdil shall nut axcced the Purchasu Prier- In the event Sells[ hu+ uw
r4? rrceiveA wch inaurarst procetda prior ra Causing, then Seller sludt ossign such proceeds, at Cloning, plus credit Buyer the amount
14 ~ of any deductible provided for in such insurance policy. but not to txcezd thz total Purchase Price.
hr; h. Damage, Cnelusiuns and Services. Should an}• Inclusion ur sc:n•icc (including systamis and components of the Propem'.
d9? e.g. heating, Ir}umhing,etc.l fail ur M: damaged between [hr drat of this Ctsntract and Closing ur rynsstxsinn. whichevenshult 6e carliar.
Ova thtn Seller shall bz liable for the rapair nr rtry1uccnttnt ref suede lnetusian ter service with a unit of similar size, age and quality, or un
=147 tqu}vutent credit, bw anty to tree extent that the taaintcnarrce ur replacetrwnt of such tnclusian.serviue txfixture iseat tiro responsibility
A4R of Iht Association, if' nny, Itss an}' inaunutcu ptxxecds received by 8uycr entering such repair ar rzplacemeoi. Seller trod 8uycr art
-VJ4 aware of the esistrnec ni pre-nw•ned home wav'anty programs Char miry he purchased and may cover the rcpah nr replacrnrctu of .u: I.
5[NY lnclusitxts. 'fhc risk of Inns frn-dama~e. ttr grnw'ing crops h}' tier nr uihrr cauealty shell be M>rnr by the part}' entitled m the gr:,wiuc
~? I rn,ps ns provided in swthsvctiuu irrf?! anti such puny sh:dl ttz• euGtlyd lu such In-surauce proceeds tx bvnziih cur tits gnruan}¢ «u3?;.
eo}. c. Walk-1'hraugh and ti'eriflcattnn of Condition. fiuyer, up+m renuuuible notice, shall tmaa titz r fight br walk thu,u_rh the
~?? Penperly ptiM to Closing ter ven(y that #fie physical swrnditinn of dre Pralrefly sett htelusiuns ssrmptics with this Comracl.
slid :0. REC:UlIbiEVDAT[ON OF LEGAL AW TAX COtiVSEG, 8y siguiug dtis ducwnenl, Fluyer acid Seller us'kuuw9tdpv that
9w' ~ tin respr:ctivt broker has advistd t}tat this document has inq?ortatd legal consaplzurts and bus recuuunrartled tree rsumiuation ul
41 N, tide and eunrultauon with Irgd and tax ur other coun:ccl before signing thee' t:nnvact.
i?7 :L t`Fh)M: CIF ESSENC'K, I)EFAtlla' AVI) RE~IEDIP:ti. Time is of the rssenuc Itercof, If any nnte ter check reccrvcd as
jl_?R F:arrtcat I+•IOItC4' heR'nrldCr n[ any ^tlr:r pa4'lllc"Ia tied he 1'rnnd2[ Ia I>nI IPaid, hUndrrd nr lr«¢rXR't} WtIL'n tine. UI it Rey «$11ea1N Sa
tlrir tier's L[Irdrr IS Irnt prl'Clll'Illril Or WdlVrd aS ttrrC:in 11104 Atrtl, thCrC s}1:111 hf tilt 10a[1t4'Iny!, rrIDC¢I:CS
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rr:(!;dim .rf I~r ~._I iv H~rtl~ t;:K UC .ludl doe lie Cl fr._.-I .1 .ra 1 I..t.rlour. u.-9 rv.uJr! 11 i r• r~ d, u~.. 1 ~.. ib.~ _
y¢. i%l;d iu ;;~ l,l lr It 11111f1'.I71r'~tl:1+l[iti and ur ;: .r ~.u r: cJ~i, h:umuull lLr ;r Irl ., r,ee r. cur .aid i, ! ,•. .,i~.l r•. :1`+
p, prv,i<lcd w ~n Itk• I51. 71r, )' ' i), ;.u,( lib irurGC tilr.!!I hr `:! 7 d 1 dt'.1 Si 1l k[ :1NU f )IJ LS lil~.AIL1}1 I n' IS6•. rr ~: -rl-.K• t.r
Irerhurn tiro ctFlignoa[. ul Ihts (~r+nu~aa. tioller ezpr.~;,ly a:u1~cc rare rcnuxlird ut epcclli: perk+rn. nl44• and ,xldnnmal n.ln;.g~~.
b. If Srlkr Ls in [fefat[Il: Huger may eksl lu treat Ihls t-omrxcl a~ crrlitlyd, ur which case all Pea ncsl ktolo,:. w:riv. ~I
Imtetunster ehall he retusaed and Huyat rtes}' recover uch d:unugex us mug tx; ptulnt, ur f3u}cr ma}' ekcl 0.1 treat thin +.'Ixrri eat .la
taiug in full farce and effec[ gird Ku}'er shad hove the riglu to xtxeific performiutce ar damu;res. m txnh.
c. Caa1a end K.xpensrs. In dre carol of any atbiuaticm ur litigxtiral relating m tlelc ('ontracr, ehc arhin:u%a err c'•aui ~h;dl
:nv:lyd to the prevailing party all rea~anxt+le rnsts and exper[sex, inchtdmg aharney uml Icgal recs.
?Z, M1tF.D1AT[ON• If a dispute. arises relating to this ['omrart, prier nr <+r alter Closing, tlMl ix nut tcudver:. [lug p:n[res tlial3 .u.t
pracad in gorxl txrth [o submit the nmOCr ur mediation. Mediation i. a pnkexx in which [Iw parties tneti with uu imptutiui ps.on
w•holtelps to mwlve dtr dixpu[e infaritmlly and caafidemiully. ~•tediatora cunrwt impasr Finding decisiart+ The 11.'trtic.: ar the Aiyxne
must agree ticfore any settlclrsent is hinging. The pnrtiex will jaintlc appoint an acceptable mediator and w'ifl xhnre ryuutly in the
rust of 4rxfi maliarism.7'he nrediatinn, unleax otherwise agreed, shall terminate in tl[e event the entire dispute i+ out rcxalvad wdhiw
?(t ruhmdar days of the data written msticr tayutxting mcrliatKm is delivered by rare party to d[e rxtfel• at tl[e Ixrny's tax[ known
tuldress.'[his xevNisatt xhxtl not alter udy date in this Cmdruct, unless adrerw9xe agreral.
y}, E:kRAiESC htONF:Y IttSp[J'['~. P,xeept as saherwixe pnrvirled hurein. Earae'u Mottcy Holdur shall n;lc[rxc the Gruc~t kfuuey
as directed by written mutual in5httctinnx, signed 6y both Buyer and Seller. [n the anent of any couu'avtr3y regarding dte Nanrext
Morley (notwithstanding any ternrinutiua of this Cantrurh. [:art[est Mattey Holder shall not he raryired m take any ;[roan. t am~sst
Haney Huls4r. at its option and solo discretiurr, may (u! :avail uuy pnrcetding, (h1 intelplend all patties and deposit ttarnest Atarx.y
iuro a enact of competed[ jurisdiction and shall resaver raurc cnsl+ and na5anatsle unnrncy and legal ter.. ur {c) deliver w•nucv
mxicc to fiuycr and Seller [hat unle.;s Earnest Money Huldar ra~:eivnx a copy of the 5unlnuuss and C'amplaim ur t:'luim 16~t+s'r4ar
Buyer and Sctlcrl, coatainnrf the case numtkr of [he 1'awamt (Luwsutq within 12(l.:xl¢txl[u'dugs of Earnest s'tonry Holder's ul area
rx+tice is dcliver~•d ni the paniex. Earcrext Malley Hs+ldcr xhall be aothurizecl to errors the N,anres[ Money to Hvyer. Ili rh2 etiens
F.arrreSt Ma[e}• HUldet dVts (eCL'lYr 0 espy Vf Ilte [.aw'Yllll, :lltd Ifax rlal ilnelpled SLIP, mflnlCx m the tlmC nt Nrt4' Ckdrr, I:iime~4 lttsnl'b'
Holder shall dishes xr tlx 8aaleu .lkmey ptu'want m tree (I:xler of the ('Dort. The parties r.•stifinn the oblt!•ariun ui fiicdixlxm (~ "_I.
7,f. "l'ERMItiAT10N. In the even ifitx Caniran ix termilu[[ad, all Hnrrrrxr Mwlev received hr:reuudul shah be rues ueS arxt rhrr
paniex st[a0 t+t rcHUVed of u71 ubligrdirnsx hereundur. suhjact la+ 53 lCle, 22 cnlJ ?ti.
?,4, ADpIT1U~AL PICtyV Iti[(tN!t. (Tfrz fallowing adAroonak prncisinns Itavr not been appraad+t by tlx• (':d+, :IJu ttra9 t?ual+~
('nnunessiar 7
Ttsis contract re ccntingant upon appr vat by the City of Aspen Glty Council evitlanced by a duty approved Iiesvluoon
of the Glty Council na later than , 2008.
t?KY I~ YI'~ Nf i`~ -s~~
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,... ,:nnir. „•Ia1 me :~, I',: ;able+r: ht'Tt~+l, and :m~' p(r-:r ._a ern: :d~ •a: rt'. ,i.nn . t i..:rb..~ •. I'..th„ ,. cal ',i ..iiiba 'i i', s E*:C:I u4:^'.... ::lhl
• ~ udi_~rd~r iuh: ihx:l'unharl Nu+trh. o,{m,ni rn n,h'k :JUO: nl du, ,Sdh`t_:~n', rrt thi=t.nn:art drill hr a.ditlnu hn~q, ai v.•: I:. alt•.
,. ,r ,:ni~!cc,drlr ut,ks. nu:cle n: v.'r ll u:c :SUd :a_uu: ha IIL: aun.• Any uhli •:r:, cal m:hl• A ,a1Cad Ili 9.In :;•-L_: n':~. i~ inn•ul~r. :~.• b~~
;Ja'I tArltlCd abet rdl ^1411111ua Ut {'lliwnl~ Shall MII t,,e CI: .:Ulll
. ~ , y7. FS-kFA'1,Util.RF: It141'LfIti1 12 F::yNU l•RtY17?{'tl(/\. S;IL:r d,F.nu'., iiJ~er shut. P, ~J1. * .'tel.: r ,_I-.ra >.rs:•, L••.L;..~.,
r1 dre I`l uperly Q Iti ~ IS \f I'P in lut>;clnamn In the ntim tail trnlmacn,~n i.: wbizct to d+e pl u•riniun•. of qtr (.,,Inrncb., Rxn. 1•.,~rn~
,. , Rrotrclian Act ilia Aal (i.c., .generally dn• e\d layuu'<:a thtu dtar Fraportg I~ r.•cr.6.nuul. to [areansurn. sod HuYZr die. nca rr:,n:c :u
n it for at lea+r I }earl, a different contract that camplie+ teitlt the pravlxinon erf the Aet is retlt:fn-tl, :not Ihi:: Contract shad`s ht enW :md
5?? of nn zffect unless fhe Foreclosure t'nrpetty Addendum is executed h} all Iraruc; untcu rrvnt with the signing of this {'.nntr.u•t 'I'hr
s'; n parries are fuRher advised to consult with their own attorney.
S7v 21t. NO`CICF, pF,1.IVER1' ANp CHUICE OF L:1ii'.
5xn a. Physical I-ellvery, Except fix the notice reyucstiag mcdiutuus descriM:d ire ~ _'?, dcli5r:reJ utter ('.luau.;. au;l exn•ln :.x
ita Im,e'itkd #n # 2&b bciuw, utl nudes muu Ire in writing. :'tu}~ uoticc to Et¢}•er sh:d] Fx; ctTc.Yiee where reeeeived by Buyct ur by Sellutg•
sky Bnrtsetttge Finn, and aay carrier to Se11er shall M: ettsctire when ph}~sk'all}• received hs• Seller ur Listing Brokerage Firm.
Ss? h. Elee[nrnic t-elivery. As an ultetnu[ive to physical delta"er}~. any signed dncumznt atui writrrn nutter ma}' br deliv,:r~d in
~zst eloctmnic tann by rite following indicated ttretlnrds only: ^ F'acsitnilr Q F.•mail ^ Nu F:leclronic l-elisery. lkuuurnrt~ a•idi
59i rrriginnl signmuras slul9 he provided upcxt rryuest of any pttny.
San c. C.huke. of I.axr, '1 his ('antract sad a116isputes seising hereunder sludl he gavrrned by and caxnstrucd iu acxwdanct• with
sa"r Iha lttwa of the State of Colorado that would 6e. appheahte to ('ah>rudo ttiuidenls who sign u cuntret:t in this state for property I,xated
Sari in Calorado.
S87 29. NU'CIC'M. OF ACSCF.PTAhCE, GUC~NTERPIRTS. T'hia proposal shall expire unless accepted in writing, 6y Buyer seal
y9u Salkr, uv evieletwed by [ht:ir signatures huiuxv, and the otfcrin€ p(trt}• receives notice nP such acalxaaa pursuam to § ZS uu ur before
Svl Acceptance peadline pale t# «c3 and Acceptance Ikadline Thne l5 ~?cl. If accepted, this dncumem strall become a cuntruct
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EXHIBIT E: Opinion of Value
Client Stephen Ellsperman
City of Aspen Parks Department
' 585 Cemetery Lane
Aspen, CO 81611
Appraiser Dave Ritter, MSA
The Appraisal Office -Aspen, Ltd
210 South Galena St, Suite 29
Aspen, Colorado 81611
Subject Property Stage Road PUD Lot C
Aspen, CO 81611
Date of Report May 1, 2008
Purpose of Report The purpose of this Restricted Use Appraisal Report
is to estimate Market Value of the subject property.
Intended Use The sole use of this Restricted Use Appraisal Report
is related to potential acquisition of the subject
property by the City of Aspen.
This Restricted Use Appraisal report wntains 17 pages. The addendum to this Restricted
Use Appraisal Report contains 16 pages. This Restricted Use Appraisal report should not be
considered complete without all of them.
This is a restricted use report, which is intended to comply with the reporting requirements
set forth under Standards 1 and 2 of the Uniform Standards of Professional Appraisal
Practice for a restricted use appraisal report. A restricted report does not present all
discussions of the data, reasoning, and analyses that were used in the appraisal report process
to develop the appraiser's opinion. The supporting documentation concerning the data,
reasoning, and analyses will be retained in the appraiser's file. The depth of discussion in
this report is specific to the needs of the client and is for the intended use stated in the
purpose of the appraisal below. The appraiser is not responsible for the unauthorized use of
the report.
Furthermore, in accordance with prior agreement between the client and the appraiser, this
report is the result of a limited appraisal process, in that certain allowable departures from
specific guidelines of Uniform Standards of Professional Appraisal Practice were invoked.
The intended user of this report is warned that the reliability of the value conclusion
provided maybe impacted to the degree [hat there is departure from specific guidelines of
Uniform Standards of Professional Appraisal Practice.
Conclusion of Report
After considering all of the information, analyses, and extent of this report, and based
upon a limited number of comparable sales, I determined that the final estimate of
market ~~alue for the subject as of the effective date of appraisal, as is, was:
One Million Two Hundred Seventy-Five Thousand Dollars
($1,275,000.00)
Subject to the Certification, to the Contingent and Limiting Conditions, and to the
Extent of Assignment contained herein.
Due to the subject property's zoning there is not sufficient current market data on
which to base an estimate of marketing time for the subject. However, at the
appraised value, it is my opinion that the subject would be likely to sell within asix-
to-twelve-month period, assuming no change in market conditions.
Respectfully submitted,
~~t~
Dave Rit[ r, MSA
Table of Contents
.......... a
PURPOSE OF APPRAISAL REPORT ...................................................
.............................
.....
4
INPENllED USE OF THE APPRAISAL REPORT .............................. ............................................
4
CLIENT REI.ATIONSHIP ...................................................................... ............................................
. ............. 4
.................
ESTA`T'E INTEREST VALUED ............................................. ...............................
.............. 4
.
ENTEN'I' OF APPRAISAL ..................................................................... .
.............................
.............. 5
REAL, ESTATE APPRAISED .................................................................
........................
.......
......................... 5
.
SITE ANALYSIS ...................................................................................... .
..................
UNTCS OF COMPARISON ..................................................................... ............................................. 7
Lri1PROVEMENT ANALYSIS ................................................................ ............................................. 7
7
HIGHEST ANll BEST USE ANALYSIS ............................................... .............................................
THE VALUATION PROCESS ............................................................... ............................................. 7
.............. 7
Cosr APPROACH .................................................................................... ...............................
Conclusion of Market Value-Cost Approach .................................. ............................................. 8
.......
IncuMS APPROACH ................................................................................ ......................................
Conclusion o' Market Value - Income A roach ............................. ............................................. 8
8
Ttii:: MARKI:'f APPROACkI ....................................................................... ...........................................
Conclusion of Market Value - The Market Approach ... ............................... 13
13
FINAL ESTIMATE OF MARKET VALUE ........................................ ............................................
CERT'IFICA1zON ................................................................................... ............................................14
CONTINGENT AND LIMITING CONDITIONS AND GENERAL UNDERLYING
ASSUI~IPTIONS ..................................................................................................................................15
PERTINENT DEhINITIONS ............................................................................................................. 17
FLrpose of Aplraisal Report
The purpose of this Restricted Use Appraisal Report is to estimate Market Value of
the subject property.
Intended Use of the Appraisal Report
The sale use of this Restricted Use Appraisal Report is related to the potential
acquisition of the subject property by the client.
Client Relationship
This appraisal report has been prepared for the exclusive and sole benefit of Stephen
Ellsperman, Director of Parks and Open Space for the City of Aspen. It may not be
used or relied upon by any other party. Any pazty who uses or relies upon any
information in this report without the preparer's written consent does so in direct
violation of The Uniform Standards of Professional Appraisal Practice.
Estate Interest Valued
The estate interest valued is Fee Simple Estate Interest.
Extent of Appraisal
The extent of the appraisal is typically described in detail in the body of a Self-
Contained appraisal report. This Restricted Use Appraisal Report sets forth only the
appraiser's conclusion. Supporting documentation is retained in the appraiser's files.
A brief summary of how the problem was analyzed and approached is provided
below.
Most appraisals include three techniques for estimating value: the Cost Approach, the
Market Approach, and the Income Approach. Each of the three is based on the
principle. of substitution, which states that a prudent and knowledgeable buyer will
not pay mote for one property than the price of acquiring a comparable substitute.
Since the purpose of this Restricted Use Appraisal Report is to estimate market value
of the subject property's development potential based upon certain hypothetical
conditions, assumptions and extraordinary assumptions, only the Market Approach
was deemed applicable.
The Uniform Standards for Professional Appraisal Practice require that, before
accepting an assignment, the appraiser cazefully consider the knowledge and
experience needed to complete the job. He or she must then either have such
knowledge and experience, or disclose the lack of knowledge and experience and
immediately take all steps necessary or appropriate to complete the appraisal service
competently.
My appraisal background and education include properties similar to the subject, so I
have the knowledge and experience necessary to complete this assignment.
4
Tdeal Estate Appraised
Legal Description
Stage Ruad PUD Lot C
Parcf [
2735 023 03 013
Account Number
8019667
®wner of Record
Two Stage Road LLC
Sales lIistory .
According to Pitkin County public records, the subject property has not sold over the
past five (5) years.
Site Analysis
Location
The subject property is located approximately 2 miles west of the City ofAspen in the
Stage Road PUD subdivision adjacent to the Burlingame Ranch Affordable Housing
Subdivision and in the neighborhood of the Aspen Business Center {formerly known
as the A.~BC -Aspen Airport Business Center) and the Pitkin County Regional
Airport - Sardy Field.
Access
Access to the subject property is from Harmony Road.
View
The subject site has unobstructed views of the surrounding mountain ranges which
include both Aspen Highlands Ski area and Buttermilk Ski area.
Topography
Generally, the subject site's topography is gently sloping.
Size
According to Ordinance No. 6, Series of 2005, page 5, the subject site is 87,158
square feet or approximately 2.001 +/- acres.
Zoning
According to Ordinance No. 6, Series of 2005, page 11, the subject site zoning is
PUB -Public. According to the PUD Control Document for the Stage Road PUD
Subdivision, page 11, the subject property is also zoned with a Specially Planned
Area (SPA) overlay so that the uses shall be specifically established along with asite-
specific development plan. However no site-specific development plan has been
approved through the Ordinance.
According to the PUD Control Document for the Stage Road PUD Subdivision, page
11, the intended use of the subject site is for cultural /educational multi-use complex.
tlnder the general uses of the PUB zone district, 87,158 square feet or approximately
2.001 +;-acres and can be subdivided into multiple internal parcels.
Sec 26.710.2s"0 Public (PUB)
The purpose of the Public (PUB) Zone District is to provide for the development of
governmental, quasi-governmental and nonprofit facilities for cultural, educational,
civic and other nonprofit purposes.
Permeated Uses by Right
• Library
• Museum
• Post Office
• Hospital
• Essential governmental and public utility uses, facilities, service and buildings
(excluding maintenance shops)
• Public transportation stop
• Terminal building and transportation-related facilities
• Public surface and underground parking areas
• Fire station
• Public and private schools
• Public park
• Arts, cultural and recreational activities, buildings and uses
• Public and private nonprofit uses providing a community service
• Child Care Center
Conditional Uses
Maintenance shnp
Affordable Housing
IYimeusional requirements
The dimensional requirements that apply to all permitted and conditional uses in the
Public Zone District shall be set by the adoption of a conceptual development plan
and final development plan, pursuant to Chapter 26.445, Planned Unit Development
(Ord. No 42-2000).
6
Soil, Subsoil Canditians/Drainage & Flood Hazards
According to FEMA Flood Hazard Maps, the subject property is not in a Flood
Hazes; d 'gone.
Haaas~ ds and/or Nuisances
To the best knowledge of the Appraiser at time of appraisal there are no known
hazards or nuisances that would negatively affect the market value of the subject
property.
Easerraents
Since i vvas not provided with a recent survey, I cannot determine if there are any
adverse easements. This appraisal is based upon the assumption that there are no
adverse easements encumbering the subject property.
Utilities and Services
It is my understanding the all public utilities and services are available to the subject
property.
Units of Comparison
After reviewing land sales it is clear that the typical Unit of Comparison is Buildable
Floor Area however since the Public Zone District does not have a specified Floor
Area patio this appraisal will be based upon site size rather than allowable floor area.
Improvement Analysis
Since the subject property is vacant land an analysis of its improvements is moot.
Highest and Best Use Analysis
Based upon this subject property's zoning and PUD Control Doctunent for the Stage
Road PUD Subdivision development it is my conclusion that the highest and best of
the subject property is development of a multi-use governmental /cultural /
educational complex.
The 5~aluation Process
Most appraisals include three techniques for estimating value: the Cost Approach, the
Income Approach and the Market Approach. Each of the three is based on the
principle of substitution, which states that a prudent and knowledgeable buyer will
not pay anon for a property than the price of acquiring a comparable substitute. Since
the subject property is vacant land only the Market Approach was deemed applicable.
(:ost Approach
Based upon the subject property being vacant land the Cost Approach is not
applicable in estimating the market value of the subject property.
Conclusion of 1dlarket Value-Cost Approach
Erased upon the forgoing, it is my opinion that the Cost Approach is not applicable in
estimating the market value of the subject property.
dncorne Approach
Based upon the subject property being vacant land the Income Approach is not
applicable in estimating the market value of the subject property.
Conclusion of 1blarket Value -Income Approach
Based upon the forgoing, it is my opinion that the Income Approach is not applicable
in estimating the market value of the subject property.
The Rlarket Approach
'The traditional Market Approach to Value estimates the subject's value by direct
comparison with similar properties, which have been purchased or are offered for
sale. It is based upon the principle of substitution by recognizing the availability of
substitute properties in the market. That is, it addresses the question of what awell-
infonned purchaser would pay for the subject property after comparing it specifically
both with other properties like it that had sold recently and with existing properties
currently offered for sale. This approach to valuation, then, attempts to simulate the
thought process of the prospective buyer who looks at a number of like properties in
contemplation of purchase, and who on the basis of experience and judgment
obtained in the marketplace, arrives at a conclusion as to what each property is worth
based. on a feature by feature comparison of them.
Accordingly, the basis of this approach is the direct comparison of properties as
similar to the subject as possible which have recently sold. After a search of the
public record for sales that have recently occulted in the subject's neighborhood and
drat are similar to the subject in location, quality, utility, and other features, those
most similar to the subject are selected for further analysis and use as Comparable
Sales. Each of these comparables is then compared directly with the subject with
each item of similarity and dissimilarity being noted and items of dissimilarity being
assigned a dollar value, or percentage adjustment, based on data derived from the
market. Having gone through this process of analysis, it is then possible to adjust the
sale price of each comparable sale to indicate what each would have sold for it had
exactly the same. features as the subject.
It is important to recognize that in this process, the subject serves as the norm or
standard and all comparable sales aze adjusted to this norm. If a comparable is
superior to the subject in any respect, the adjustment for this difference will be
negative and, if it is inferior, the adjustment will be positive, thereby indicating that
the comparable would have sold for less or more (depending on the situation) had it
been exactly like the subject. The net adjrstment of a comparable, which is the sum
of all the adjustrnents made (positive and negative), is applied to the actual sales price
of that comparable to arrive at an indication of the subject's market value.
Comparable Sales
Due to the subject property's zoning there are no known truly compazable sales in the
recent past in the subject property's economic neighborhood or in a directly
competing economic neighborhood. However, two of the three wmparable sales
were purchased by governmental or quasi-governmental bodies with the motivation of
developing the sites with civic minded complexes.
Name BMC West Lumberyard
Location 38005 Hi wa 82, As en, Colorado
Le al Ai ort Business Center Filin 1, Lots 1 & 2
Existin Use Retail Lumbe and
Future Use Affordable Housin
Land Size 4.64 +/- Acres or 202,118 +/- s uaze feet
Zonin Pitkin Count B-2
Date of Sale December 17, 2007
Sales Price $18 250 000
Grantor BMC West Co oration
Grantee Cit of As en
Reco°din Rece lion No 544960 - 544966
$/SF L and $90.29
Allov,~able Floor Area Ratio 0.36
'~ Allowable Floor Area
$/SF Floor Area 72,762sf
$250.82
Ad'usted Sales Price N!A
Ad~usted $/SF Land N/A
Ad'usted $/SF Floor Area
Location N/A
Fronts e Road
Access Good
Utilities In lace - ublic
Verification City of Aspen
Director of Finance & Administrative Services
The City of Aspen purchased this comparable sale on December 17, 2007 for
$18;20,000. It is my understanding that The City of Aspen intends on combining
this property with approximately 5 acres (which was land-locked) already owned by
the City of Aspen, and build an affordable housing complex in the area of 100 units
on the combined site. As a result, this sale falls under the umbrella of an assemblage
transaction.
9
Name j Aspen Business Center
Location '. 409 ABC
Le al AABC Block 5, Lot 9-A-1
Existing Use I Mixed Use Office -Residential
Future Use N/A
Land Size 13,688 +/- s uare feet
Zoning Pitkin Count ; B-2
Sale Land Onl
_
Date of Sale
' Sales Price ~ Se tember 14.2007
i $420,000
Grantor John P McBride
Grantee Lezott LLC
Recordin Rece lion No 542029
$/SF Land ~ $30.68
Allowable Floor Area Ratio ! 0.36
Allowable Floor Area 4,927
$/SF Floor Area $85.24
Location ;Back Row
Access Good
Utilities In lace - ublic
Verification r Seller - A raisal
The subject property was improved with amixed-use commercial residential building
built in 7.980. This sales transaction was land only since the Grantee already owned
the improvement and was leasing the land from the Grantor. The base purchase price
of the land was established in an appraisal that I completed (in late summer/early fall
of 204)7) plus closing costs incurred in the sales transaction.
10
Name North Forty Fire Station
Location 43 Sa e Wa
Le al North Fort PUD Block 2, Lot 2
Existin Use Vacant Land
Future Use ~ Fire Station & Housin for Fireman
Land Size ~ 64,904 +/- s uare feet
Zonin Pitkin Count ~ B-2
Purchase Price Established Aril of 2001
Date of Sale June 30, 2006
Sale Price $1,700,000
Grantor ~ SAGE LLC
Grantee } As en Fire Protection District
Recodin ~ Rece lion No 525948
$/SF Land i $26.19
Allowable Floor Area Ratio i 0.36
Allowable Floor Area ` 23,365
$/SF Floor Area I. $72.76
Ad'usted S/P 12'/z % -June 2006 ! $3,232,000 rounded to $1000
Ad'usted $/SF Land ~ $50.00 rounded to $1
Ad'usted $/SF Floor Area $138.00 rounded to $1
Location Fronta a Road
Access ~ Ver Good
Utilities ~ In lace - ublic
L'erification A raisal
The subject property was vacant land at time of purchase. The motivation of the sale was to
develop the site with a regional fire station and build housing for volunteer firemen sometime
in the near future. The purchase price of the property was based upon an appraisal completed
by me in April of 2001. Since the purchase price was pre-established, it does not represent
the market value of the subject property on date of closing. Based upon paired sales of
vacant land in the local market place, a 12t/z% annual increase in value is reasonable for the
period between the time that the purchase price was established and the closing date.
Acct DIu. Resale Sale Dale Resale Original Original % of N of Annual %
Sete Price Sale Price Sales Change Years of Change
Date
R01569i Aug-06 $4,000,000 $2,150,000 Feb-02 46.25% 4.53 10.21%
R018867 Mar-OS $6,900,000 $5,000,000 Oct-02 27.54% 2.44 1].29%
ROI3628 Apr-06 $2,000,000 $1,050,000 Nov-02 4750% 3.43 13.85%
R006989 May-06 $950,000 $395,000 Oct-02 58.42% 3.62 16.74%
Median 12.57%
Mean 44.93% 3.47 12.87%
I Wtd Mean 62.06% 12.82%
11
Sales Analysis
It reviewing these sales it is my opinion that since their underlying zoning district (B-
2) ailows for a multitude of uses that are not allowed in the PUB zone district, it is my
conclusion that an adjustment must be made based upon the limited uses the subject
property's zone district has. This adjustment will be based upon the following sales
whose allowable uses were restricted by various kinds of either deed restrictions or
conservation easements.
Location Sale Sales Acres $/Acre %a Loss Significant Characteristics
Date Price Due to of Restriction
Easement
Pine Cliff Ranch Development restricted to 4
Douglas County. 6199 $3.16M 3,398 $930 63% Homesites
Colorado
Sanctuary Ranch _
Development restricted to 5
San Miguel Comrry 9/97 $4.SM 976 $4,611 62% Homesites
Colorado
Eagle Meadows Development restricted to 9
Eagle County, 10198 $4M 1,610 $24/84 56%o Homesites on 200 acres
Colcrado
South of Parshall Development restricted to 1
Grand County, 8199 $220K 400 $550 45% Homesite
Colorado
l..ower Tenn Parcel Development restricted to 5
Summit County.. 12/99 $1.SM 298 $8,809 46% Homesites -Blue River Frontage
~ Colorado
Bull Creek Development restricted to 1
San Miguel 6/00 $4M 439.22 $9,107 49% Homesite and 1Guest Cabin.
County, Colorado Property has Public Trail and
Climbin Wall
aan Luis Valley Purchased in April of 2001 for
Rio [irande County 5/Ol $263K 220.6 $1,192 43% $460K; Restricted to 1 Homesite
u~lcrado onl ;Resold in Ma 2001
B ,rr Cake Development Restricted to 3
Adams County, 12100 $300K 139.15 $2,156 46%a Homesites
Colcrado
Deer Creek Development Restricted [0 3
Carbon County, 1/04 $1.SM 1,345 $1,115 30% Homesites; No Outfitting or
Wyumin Huntin Allowed
Squires Ranch Development Restricted [0 5
,Albany County, 9105 $2,600 2.279 $1,141 30% Homesites; No Outfitting or
W omiu~__ Huntin Allowed
Based upon the information above, it is my conclusion the subject property's market
value has been diminished by 50% due to its zoning and allowable uses.
Tirne Adjustment
Uue to the Aspen marketplace being in a period of stabilizing prices since mid-
summer 2007, only the North Forty Firestation sales transaction required an
adjustment for time.
12
Comparable Sales -Summary
Subject Site $/SF Allowable Assemblage ~ Location Lump Ne[ $ Indicated Indicated
Uses Sale ~ Sum Adj Adj/SF Value/SF Vatue
Six Sq ICY
BMC ®Vest
Lumberyard
87.158 $90-29 Superior Yes Superior -85% -$76.75 $13.54 $1,180,000
A.ABC Block i
3 Lot 9-.4-1
57,155 $30.68 Superior No ~ Similar -50° -$15.34 $75.34 $1,337,000
North Forty
Fire Statiua
87.755 $55.96 Superior No ! Superior -75% -$44.23 $14,74 $1,285,000
I
Mean $$8-98 - $14.54 $1,267,333
Median $55.96 ~ $14.74 $1,285,000
Conclusion of Market Value -The Market Approach
Based upon the comparable sales analyses, it is my opinion that the Mazket Value of
the subject property as of the effective date of appraisal ranged from $1,180,000 to
$1,337,000.
Final Estimate of Market Value
After considering all of the information, analyses, and extent of this report, and based
upon a limited number of comparable sales, I determined that the final estimate of
market value for the subject as of the effective date of appraisal, as is, was:
One Million Two Hundred Seventy-Five Thousand Dollars
($1,275,000.00)
Subject to the Certification, to the Contingent and Limiting Conditions, and to the
Extent of Assignment contained herein.
Due to the subject property's zoning there is not sufficient current mazket data on
which to base an estimate of marketing time for the subject. However, at the
appraised value, it is my opinion that the subject would be likely to sell within asix-
to-twelve-month period, assuming no change in market conditions.
13
Certification
I hereby certify that:
1. The statements of fact contained in this report are assumed to be true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the
assumptions and limiting conditions contained herein and are my personal,
unbiased, professional analyses, opinions, and conclusions.
3. I have no present or prospective interest in the property that is the subject of this
report and I have no personal interest or bias with respect to the parties involved.
4. My engagement has not been contingent upon an action or event resulting from
the analyses, opinions, or conclusions in, or the use of, this report.
5. My compensation has not been contingent upon the reporting of a predetermined
value or direction in value that favors the cause of the client, the amount of the
value estimate, the attainment of a stipulated result, or the occurrence of a
subsequent event.
6. Nty analyses, opinions, and conclusions were developed and this report has been
prepared in cenformity with the requirements of the Code of Professional Ethics
of the IA, the IAAO, the IRWA, [he NAMA and the Uniform Standards of
Professional Appraisal Practice.
7. This appraisal assignment was not based on a requested minimum valuation, a
specific vahiation, or the approval of a loan.
8. I have made a personal inspection of the property that is the subject of this report.
9. The use of this report is subject to the requirements of the IA, the IAAO, the
IRWA and the NAMA relating to review by its duly authorized representatives.
10. Dave Ritter is experienced in the appraisal of this type of property and in this
market, thereby meeting USPAP competency requirements.
i 1. No one provide significant professional assistance to the appraiser signing this
report.
`/
Dave Ritter
14
Contingent and Limiting Conditions, and General Underlying Assumptions
The appraiser has made no survey of the property, and no responsibility is
zassumed in connection with such matters. Sketches in this report are included
only to assist the reader in visualizing the property.
2. No responsibility is assumed for matters of a legal nature affecting title to the
property nor is an opinion of title rendered. The title is assumed to be good
and marketable.
3. Information furnished by others is assumed to be true, correct, and reliable. A
reasonable effort has been made to verify such information; however, the
• appraiser assumes no responsibility for its accuracy.
4. All mortgages, liens, encumbrances, leases, and servitudes have been
disregarded unless so specified within the report. The property is appraised as
though under responsible ownership and competent management.
5. It is assumed that there are no hidden or unapparent conditions of the property,
subsoil, or structures, which would render it more or less valuable. No
responsibility is assumed for such conditions due to the appraiser's
acknowledged lack of the engineering expertise, which maybe required to
discover such factors.
6. Full compliance with all applicable federal, state, and local environmental
regulations and laws is assumed unless nonwmpliance is stated, defined, and
considered in the appraisal report.
7. Full compliance with all applicable zoning and use regulations and restrictions
is assumed unless nonconformity has been stated, defined and considered in
the appraisal report.
8. It is assumed that all required licenses, consents, or other legislative or
administrative authority from any local, state, or national governmental or
private entity or organization have been or can be obtained or renewed for any
use on which the value estimate contained in this report is based.
9. I*. is assumed that the utilization of the land and improvements is within the
boundaries of the property lines of the property described and that there is no
encroachment or trespass unless noted within the report.
10. The appraiser will not be required to give testimony or appeaz in court because
of having made this appraisal, with reference to the property in question,
unless arrangements have been previously made.
15
i .Possession of this report, or a copy thereof, does not carry with it the right of
publication. It may not be used for any purpose by any person other than the
party to whom it is addressed without the written consent of the appraiser, and
in the case of any such event only with proper written qualification and only in
its entirety.
12. The distribution of the total valuation in this report between land and
improvements applies only under the reported Highest and Best Use of the
property. The allocations of value for land and improvements must not be
used in conjunction with any other appraisal and are invalid if so used.
1~. Neither all nor any part of the contents of this report, or a copy [hereof, shall
be conveyed to the public through advertising, public relations, news, sales, or
any other media without the written consent and approval of the appraiser.
Nor shall the appraiser, firm, or any professional organization of which the
appraiser is a member be identified without the written wnsent of the
appraiser.
1~4. Environmental Disclaimer: The value estimated in this report is based on the
assumption that [he property is not negatively affected by the existence of hazardous
substances or detrimental environmental conditions. The appraiser is not an expert
in the identification of hazardous substances or detrimental environmental
conditions. While the appraiser's routine inspection of and inquiries about the
subject property did not develop any information that indicated any apparent
significant hazardous substances or detrimental environmental conditions which
would affect the property negatively, it is possible that tests and inspections made by
a yualified hazardous substance and environmental expert would reveal the existence
of hazardous materials and environmental conditions on or around the property that
would negatively affect its value. Thus, if the client wishes to be certain as to the
condition of the subject property with respect to environmental hazards, he should
have an expert in the field inspect the property. It should thus be noted that this
appraisal does not constitute an expert inspection of the property with regard to
hazardous substances or detrimental environmental conditions and it should not be
relied upon as to whether or not environmental hazards actually exist on the subject
property.
15. ADA Disclaimer as property exists at the time of appraisal: Since the subject
property is vacant land an analysis of ADA compliancy is not warranted.
16
Pertinent Definitions
Fee Simple Estate
"An interest in land that, being the broadest property interest allowed by law,
endures until the current owner dies without heirs. An estate of infinite or
potentially infinite duration" (source: Black's Law Dictionary, Abridged
Seventh Edition, West Group, 2000, pp. 499-500).
Floor Area Ratio
The relationship between the above-ground floor area of a building, as
described by the building code and the area of the plot on which it stands; in
planning and zoning, often expressed as a decimal, e.g. a ratio of 2.0 indicates
that the permissible floor area of a building is twice the total land azea (source:
The Dictionary of Real EstateAppraisal, Fourth Edition, Appraisal Institute,
2002, page 117).
Highest and Best Use
Highest and Best Use is defined as that reasonable and probable use which
will support the highest present value, as defined, as of the effective date of
the appraisal. Alternately, it is that use, from among reasonable, probable, and
legal alternative uses, found to be physically possible, appropriately supported,
financially feasible, and which results in the highest value.
Market Value
The most probable price, as of a specified date, in cash, or in terms equivalent
to cash., or in other precisely revealed terms, for which the specified property
right should sell after reasonable exposure in a competitive mazket under all
conditions requisite to a fair sale, with the buyer and seller each acting
prudently, knowledgeably and for self-interest, and assuming that neither is
under undue duress. (Source: The Dictionary of Real Estate Appraisal, Fourth
Edition, Appraisal Institute, 2002, page 177)
Zoning
The public regulation of the character and extent of real estate use through
police power; accomplished by establishing districts or areas with uniform
restrictions relating to improvements; structural height, area and bulk; density
of population; and other aspects of the use and development of private
property (source: The Dictionary of Real Estate Appraisal, Fourth Edition,
Appraisal Institute, 2002, page 36).
17
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The Appraisal Office -Aspen Ltd.
Plat Map File No.
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Propedy Address Stace Road PUD Lot C
City Aspen County Pitkin State CO Zip Code 81611
Lender/Client Stephen Ellsperman Ciry of Aspen Parks DepartmerAddress 585 Cemetery Lane Aspen CO 81611
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The Appraisal Office -Aspen Ltd.
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The Appraaal OKwe -Aspen Ua.
QuallHCationa of Apprdlser File No.
Case No.
iave Ritter, MSA
be Appraisal Office -Aspen, Ltd
10 South Galena St Suite 29
.seen, CO 81611
ral Tax ID Number: 84-1459914
e: (970) 920-1002 Fax: (970)925-3603
iil: appraisaloffice@sopris.net
ssion: Real Estate Appraiser since 1978
Estate Appraisal Licensing: State of Colorado
Red General Appraiser - CG01315907
anon Date: 12/31/2010
eal Estate & Appraisal Experience:
994- Fee Appraisal and Consultation, Aspen, CO
991-93 Chief Appraiser Pitkin County Assessors Office, Aspen, CO
986-90 Appraiser III Pitkin County Assessors Office, Aspen, CO
984-86 Appraiser II Eagle County Assessors Office, Eagle, CO
982-84 Fee Appraiser, Grand Junction, CO
978-82 Fee Appraiser, Cedaz Falls, IA
976-78 Notman W. Ritter Realtors, Marketing Real Estate, Cedar Falls, IA
Estate Appraisal Experience:
le-Family, Townhouses, Condominiums, Income Properties, Vacant Land,
;lopment Properties, Hotel and Motels, Commercial Industrial, Office, Warehouse,
it Properties, Conservafion Easements, Condemnation & Eminent Domain, Estate &
Planning, Percent Complete Inspections and General Consultation Regarding Real
to matters
t Witness:
Board of Equalization (Colorado)
Board of Assessment (Colorado)
ty Boazd of Equalizafion (Eagle, San Miguel & Pitkin Counties, Colorado)
District Court -Varies Districts in Colorado
d States District Court -District of Colorado
al Bankrnptcy Court -District of Colorado
Rion Trial to Jury Commission - CDOT -State of Colorado
for Court of California -San Obispo & Venture Counties
and Present Appointments:
.1 of Binding Arbitrators -Eagle, Pitkin & Summit Counties, Colorado
Jemnation of Right of Way -Colorado Department of Transportation
ing Officer, County Boazd of Equalization -Eagle & Pitkin Counties, Colorado
pxoa io d ~a
The App2isal 9ftke-Aspen Ltd.
Professional EdueationBAiflkations File Na.
Case No.
erican Institute of Real Estate Appraisers
Course VIII -Single Family Residential Appraisal 1-4
ppraisal Institute
Seminars
Update -Uniform Standazds of Professional Appraisal Practice
Update - Uniform Residential Appraisal Report
The Real Estate Appraiser as a Consultant
Residential Appraisal Review
Course 520 -Highest & Best Use and Mazket Analysis
Course 700 -Condemnation Appraisal Principles & Applications
Course 720 -Condemnation Appraising: Advanced Topics & Applications
Course 705 -Litigation Appraising: Specialized Topics & Applications
Course 710 -The Appraiser as an Expert Witness: Prepazation & Testimony
Uniform Appraisal Standazds for Federal Land Acquisitions
CLE Intemational (Continuing Legal Education)
Eminent Domain Conference
Conservation Easements Seminaz
ntemational Association of Assessing Officers
Course 619 Professional Standazds & Ethics
Course 004 Assessment Administration
Course 202 Advance Income Approach to Value
Course 302 Mass Appraisal of Income Producing Property
Course 305 CAM Modeling Building Residential
temational Right of Way Association
Course 401 Appraisal of Partial Acquisitions
I - CCIM -DIVISION
Courses Introduction, 101, 102, 103
Society of Real Estate Appraisers
Appraisal of Condo Conversion
State of Colorado, Division of Property Taxation
Cost Approach to Value
Real Estate Court Decisions
Introduction to Assessments
niversity of Colorado
USPAP -Update
Commercial Case Study
General Seminars
Conservation Easements, Condemnation, Estate Planning and The Like
eal Estate Affiliations:
Member -National Association of Master Appraisers
Associate Member - Intemational Association of Assessing Officers
Member -International Right of Way Association
General Associate Member -Appraisal Institute
Member -Aspen Boazd of Realtors -Aspen, Colorado
ppraisal Designation:
Master Senior Appraiser -National Association of Master Appraisers
aiorraats gppraisai software aooszzarzr Papa i i a rs
The ApP~aisal Offca -Aspen Lttl.
Partial List of Clients File No.
Case No.
Non Lenders
Allstate Insurance Company
Aspen Consolidated Sanitation District
Aspen Educational Reseazch Foundation, Inc
Aspen Valley Hospital District
Brush Creek Water District
Buttermilk Metropolitan District
CentryTel
City of Aspen, Colorado
City of Aspen / Pitkin County Housing Office, Aspen Colorado
Eagle County, Colorado
Eagle County Regional Trail System
Federal Aviation Administration (FAA)
Federal Deposit Insurance Corporation (FDIC)
Garfield County, Colorado
Holy Cross Electric Association
Internal Revenue Service (IRS)
Music Associates of Aspen, Inc. (MAA)
Pitkin County, Colorado
Pitkin County Title Company
Rocky Mountain Institute
Roaring Fork Railroad Holding Authority
Roaring Fork School District
Roaring Fork Transportation Authority (BETA)
State of Colorado Board of the Gteat Outdoors Trust Fund (GOCO)
Summit County, Colorado
The Tenth Mountain Division Hut Association, Inc
Town of Snowmass Village, Colorado
Town of Basalt, Colorado
Town of Cazbondale, Colorado
Yamaph Alternative High School, Glenwood Springs Colorado
Lenders
Alpine Banks of Colorado -Various Locations in Colorado
American National Bank -Aspen, Co
Bank of America
Bank ofColorado - Western Slope
Bank of New York
Boston Safe Deposit & Trust Co
City National Bank -Los Angeles, CA
Citicorp / Citibank / Citigroup Private Bank
Colorado Federal Savings Banks
Colorado National Banks
Community Banks ofColorado -Various Locations in Colorado
Gibraltaz Private Banking
IndyMac Affiliates- Independent National Mortgage Corporation, Pasadena CA
Market Intelligence, Inc
Mellon Private Bank
Merill Lynch
Nations Bank
Realink
U.S. Property & Appraisal Service
Vectra Banks of Colorado -Various Locations in Colorado
Washington Mutual Bank
Western Banks. Los Aneeles. CA
Peee iP M 1R
The Appraisal Office -Aspen Lttl.
References File No.
Case Na.
Kurt E. Adam, Regional President Jeff Bowman, Vice President
Community Banks of Colorado Timberline Bank - Aspen
2l0 North Mi11 Street 311 East Hopkins Avenue
Aspen, CO 81611 Aspen, CO 81611
(970) 594-8282 (970) 920-0112
-.Jonathan-S..: Lengely.•MAI - MichaeLR. Nash,.MAS
J..S. Lengel & Associates -.Nash -.-Johnson;,- Associates,
P..O. Box, 2082 `Ina.
~ag2e; CO `61631 -4049 South Hroadway, suit
E470) 328'7337 204
Englewood; CO 801.14
(303) 761-6103
Ted Gardenswartz,-Esquire Gary Wright, Esquire
Oates, Knezevich. & Gardenswartz, Wright & LaSalle, LLP-
PC 715 West Main Street Suit
533 East Hopkins Avenve 201
Aspen, CO 61611 ASpen,~CO 81611
(970)..920-1700 (9703925-5625
Rktpdord Lnga Robert D.-:.SteVenSo MAI
Ctigrovp Privata $r~#fk EteVens Red2 EstatB Services
1" Cburt ,;Square: --E'kbar 20 Zane 115 19artri" 5th .street Suit
~:p: , 44L .
f~orig Island City,ISy'. ].1120 Gzand Junction, C{# 819p1'
j716j 298.-12'i9 _ t9?O) 243'-4$.88
Eva Gordon Bob Ballinger, Right of Way
Gibraltar Bank Private-Bank Technician
220 Alhambra Circle 5`" Floor Holy Cross Electric Assoc
Coral Gables, FL 33139 Inc.
(305) 476-5636 P.O. Drawer 2190
Glenwood Springs, CO 81602.
(970) 995-5991
Vince Higeus, PreS~dent Tom Newland, Principal
PiXkin County Pule, Inc. Newland Project Resources,
641 East Hopkins Avenue Sisc.
Aspen, C6616].1 ,. 917 D.Cigiisal Road~$asaltGO
j970) 925°1766 :(970)'327-4fi95
_ ~ Eaztner Executive.Director of':
Roaring Fork Railroad Holding:
_ .'Authority
Scott Harper, Esquire Dan Kerst, Esquire
1280 Ute Avenue Suite 10 Schenk, Ke rst & deWinter, LLP
Aspen, CO 81611 302 8th Street, Suite 310
(970) 544-5000 Glenwood Springs, CO 81601
(970) 995-2947
The ApPteisel Offce -Aspen Lltl.
License File NO.
Case No.
P pee. Atltrase Ste R tl PUO Lol C
GN Aspe C rlY Pikin State CO Zb Catle 61611
laM dCl' M Stephe EII oe Cily of ASO PatksO paNn AEtl 585C to la Aspe C081611
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Expert Wkness File No.
Case No.
Case No Plai¢tiff Defendant Court Report Depasitic
Petitioner Respondent Court Appearanc
PDI-06760929 Vitlart Gppta - Arjµn Gupta Sah Franmseq - Appraisal Repoi~
County. Stiperi~
C ourt'
07CV57 Kenneth W nght Sack Hamm, Nicoh Routt County Appraisal Rep on
Hamm end Dlstric[COUrt
Steamboat Treehoe
LLC
07bA 46 -~. Patti EAnin : '9radley,ZBnin- D isiriet Goµrt ApprsisstAepon
Pitkin G ounty
< Colorado
_
07 CV 20 JosephE. Healy Carmen f. Brennen District Court Appraisal Report
Pitkin County
Colorado
OSCV 160 Steamfitaat,Traehor Defends$ts. Mayne AOµtt County.. Appraisal Rtpon
_ LLC , ~< '.
~ 5, Tan - District Court' - ~ -
06DA 5 Michsel
S Cott OxR: Gretchen Ten Hage
- District Caur[ Apprarsal Report
Greenwood Pitkin County -
- Colorado -
06;DA4P a(ai(or
Daana,3 M#chael daitor DisttigtGaurt . Appra#sa1.Repan
. Pitkin County, '
~ Colorado
bR 42
06 Molly M.& Gorsµi Jeffery S. Gorsuch Distrtct Court 4 Appraisal
Pitkin County: Reports
Colorado
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The Appraisal OFfce -Aspen Ltd.
F~rpert Witness File No.
Case No.
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~a.
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director Ir -A~
FROM: Amy Guthrie, Historic Preservation Officer ~/~~lN~
RE: First Reading of Ordinance #~, Series of 2008, Code Amendment to
Municipal Code Section 26.535, Transferable Development Rights
DATE: May 27, 2008
SUMMARY: The historic preservation program has included special benefits for owners
of landmark property since 1987. In 2003, Transferrable Development Rights (TDR's)
were adopted as a means to take development pressure off of historically designated
homes by moving the square footage to non-landmazk residences where the expansion
would have less impact.
This concept was modified in 2007, when commercial areas became potential landing
sites as well. In this case, landing a TDR allows the purchaser to exceed newly
established maximum multi-family unit sizes by 500 squaze feet of net livable azea
(interior azea minus certain exclusions for storage, mechanical, etc.) For example, in the
Commercial Core, amulti-family unit capped at 2,000 squaze feet of net livable space
may be designed to 2,500 squaze feet of net livable, with the landing of a TDR. Because
this form of TDR does not increase overall floor area ratio (FAR), but provides more
flexibility for one programmatic element of the building, Community Development
believes it allows the market for TDR's to be more broad, which increases their monetary
value and their worth as a historic preservation incentive.
At the time of the 2007 amendment noted above, Staff had intended to allow that TDR's
being applied to unit size expansion could be landed on designated properties. That
provision was unintentionally overlooked and is being brought forward for consideration
now.
The following code amendment proposes to allow a TDR to be landed on a designated
property, solely for the purpose of increasing the maximum multi-family unit size, not the
overall FAR limit for the property. TDR's allow unit sizes to increase from 2,000 to
2,500 squaze feet in the CC, C-1, and MU zone districts and 1,500 to 2,000 square feet in
the NC, CL, and L zone districts. In RMF and RMFA, a unit may increase from 2,000 to
2,500 square feet within the Infill area, and 2,500 to 3,000 squaze feet in outlying
neighborhoods.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public heazing and recommendation from the Planning and Zoning
Commission, and a public hearing and affirmative vote by City Council. The review
criteria for code amendments aze located at Section 26.310.040 and are addressed by Staff
in Exhibit A to this memo.
The Planning and Zoning Commission will review and recommend on this amendment
on May 20, 2008. Their comments will be provided to Council.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is striekert
Amend Section 26.535.OI0 Purpose to read as follows:
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks,
those properties listed on the Aspen Inventory of Historic Landmazk Sites and
Structures, within the City of Aspen by permitting those property owners to sever and
convey, as a sepazate development right, undeveloped Floor Area to be developed on a
different and-nen-#ister-ie property within the City of Aspen. The program enables
standard mazket forces, and the demand for residential Floor Area, to accomplish a
community goal of preserving Aspen's heritage as reflected in its built environment.
Amend Section 26.535.030 Applicability and Prohibitions to read as follows:
Section 26.535.030 Applicability and Prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate,
known as Sending Sites, and properties eligible for the extinguishment of a Historic
TDR Certificate, known as Receiving Sites. City of Aspen Historic TDR Certificates
may only be used within the city limits of the City of Aspen, as hereinafter indicated, or
in unincorporated Pitkin County, if and as may be permitted by the Pitkin County land
Use Code. Pitkin County TDRs are not eligible for extinguishment within the City of
Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a
Historic Landmark, those properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures, in which the development of asingle-family or duplex home is a
permitted use, according to Chapter 26.710, Zone Districts. Properties on which such
development is a conditional use shall not be eligible. Sending Sites may also be
established through adoption of a Final PUD Development Plan, pursuant to Chapter
26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties
designate a Historic Landmazk after establishment of transferable development rights,
pursuant to Chapter 26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone
Districts, ' a• -e-ti. ae..:,......,.a .. ., u:...,._:,, r .,..a.,,.,.~. A property may
also be designated as a Receiving Site through adoption of a Final PUD Development Plan,
pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending
upon the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone
Districts, describes the development allowance for each Historic TDR Certificate
extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of
Title shall be evidenced by an assignment of ownership on the actual certificate document.
Upon transfer, the new owner may request the City re-issue the certificate acknowledging
the new owner. Re-issuance shall not require re-adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not
inconsistent with this Chapter for the printing of certificates, their safe-keeping,
distribution, recordation, control, and extinguishments.
Amend Section 26.535.080 Review Criteria for Extinguishment of a Historic
Transferable Development Right to read as follows:
26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right.
Historic TDR Certificates may be extinguished to accommodate additional development
if the community Development Director
finds the following standards have been met:
A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the
restricting document permits the extinguishment of Historic TDR Certificates for
additional development rights.
B. The Receiving Site
is eligible to receive an increase in development rights as
specified in Chapter 26.710, according to the zone district and the land Use, or as
otherwise specified in a Final PUD Plan for the property.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
C. All other necessary approvals for the proposed development on the Receiver Site,
as established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the
Receiver Site, pursuant to Section 26.304.075, Building Permit, and the additional
development can be accommodated on the Receiver Site in conformance with all
the other relevant requirements.
F. Prior to, and a condition of, issuance of a building permit for a development
requiring the extinguishment of a Historic TDR Certicate(s), the applicant shall
assign and deliver the authentic certificate(s) to the City of Aspen whereupon the
certificate(s) shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the
extinguishment of the TDR Certificate(s) and increasing the available development
rights of the Receiver Site. The applicant may wish to record this document with
the Pitkin County Clerk and Recorder. The confirmation letter shall not stipulate
an absolute total Floor Area, but shall stipulate a square footage increase from the
allowable Floor Area, according to the zone district and land use of the Receiver
Site at the time of building permit submission. The Receiver Site shall remain
subject to amendments to the allowable Floor Area and 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 confirmation
letter shall be acceptable to the City Attorney.
H. The development allowed on the Receiver Site by extinguishment of Historic TDR
Certificate(s) shall be that allowed in Chapter 26.710, according to the zone district
and the land use, or as otherwise specified in a Final PUD Plan for the receiver Site
and shall not permit the creation of anon-conforming use or structure.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the
Municipal Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to approve Ordinance #~, Series of 2008, on
First Reading."
Attachments:
Exhibit A: Amendments to the Land Use Code -Staff Findings
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
ExaISIT A
Amendments to the Land Use Code
Section 26 310.040 -Standards for Review of an Amendment to the Text o Title 26.• In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unawaze of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does It Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: Does it Comply? YES
The code amendments have no effect on traffic generation and road safety.
Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
STAFF FINDING: D08S It Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: Does It COm 1 ? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE S
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
chazacter in the City of Aspen.
STAFF FINDING: DDes 11 Comply? I YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject pazcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: I Does it Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. It is clear that the City must provide a workable historic
preservation program and benefits, which is addressed through these code
Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: Does it Comply? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6
ORDINANCE #~
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 26.535 OF THE ASPEN MUNICIPAL
CODE, TRANSFERABLE DEVELOPMENT RIGHTS
WHEREAS, the amendments requested relate to the following Chapter and
Section of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.535- Transferable Development Rights
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning Commission at a public heazing. Final action shall be by
City Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission held a public heazing to
consider the proposed amendments to the above noted Chapter and Section on May 20,
2008, took and considered public testimony and the recommendation of the
Community Development Director and recommended, by a x-x vote, City Council
adopt the proposed amendments to the land use code by amending the text of the above
note Chapters and Sections of the Land Use Code, as described herein; and
WHEREAS, the amendments to the Land Use Code aze delineated as follows:
^Text being removed is bold red and strikethrough.
like-this:
^Text being added is bold green and underline. Text beinL added looks like this.
• Text which is not highlighted is not affected.
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1•
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.010 Purpose, to add and delete the following:
26.535.010 Purpose.
The purpose of this Chapter is to encourage the preservation of Historic Landmarks,
those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
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 end
nen-histerie property within the City of Aspen. The program enables standazd market
forces, and the demand for residential Floor Area, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment.
Section 2•
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.030 Applicability and Prohibitions, to add and delete the following:
Section 26.535.030 Applicability and Prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate,
known as Sending Sites, and properties eligible for the extinguishment of a Historic TDR
Certificate, known as Receiving Sites. City of Aspen Historic TDR Certificates may only
be used within the city limits of the City of Aspen, as hereinafter indicated, or in
unincorporated Pitkin County, if and as may be permitted by the Pitkin County land Use
Code. Pitkin County TDRs aze not eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a
Historic Landmazk, those properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures, in which the development of asingle-family or duplex home is a
permitted use, according to Chapter 26.710, Zone Districts. Properties on which such
development is a conditional use shall not be eligible. Sending Sites may also be
established through adoption of a Final PUD Development Plan, pursuant to Chapter
26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties
designate a Historic Landmazk after establishment of transferable development rights,
pursuant to Chapter 26.415.
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone
Districts, .eri~,.i..a:..,. „ ..e.,., ae..:,...,,.ea ,. ,, u:,..,...:,, r ....a....._i. A property may
also be designated as a Receiving Site through adoption of a Final PUD Development
Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate vazies
depending upon the zone district of the Receiving Site and the use of the land. Chapter
26.710, Zone Districts, describes the development allowance for each Historic TDR
Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of
Title shall be evidenced by an assignment of ownership on the actual certificate
document. Upon transfer, the new owner may request the City re-issue the certificate
acknowledging the new owner. Re-issuance shall not require re-adoption of an
ordinance.
The mazket for Historic TDR Certificates is unrestricted and the City shall not prescribe
or guazantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not
inconsistent with this Chapter for the printing of certificates, their safe-keeping,
distribution, recordation, control, and extinguishments.
Section 3:
Pursuant to Section 26.310 of the Municipal Code, City Council hereby amends
Section 26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right, to add and delete the following:
26.535.080 Review Criteria for Extinguishment of a Historic Transferable
Development Right.
Historic TDR Certificates may be extinguished to accommodate additional development
if the community Development Director
finds the following standards have been met:
A. The Receiving Site is not restricted by a prescribed Floor Area limitation or the
restricting document permits the extinguishment of Historic TDR Certificates for
additional development rights.
B. The Receiving Site ' '' a '- ~ i ~ r u• . i .....+....._~.
is eligible to receive an increase in development rights
as specified in Chapter 26.710, according to the zone district and the land Use, or
as otherwise specified in a Final PUD Plan for the property.
C. All other necessary approvals for the proposed development on the Receiver Site,
as established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic Historic TDR Certificate(s) for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the
Receiver Site, pursuant to Section 26.304.075, Building Permit, and the additional
development can be accommodated on the Receiver Site in conformance with all
the other relevant requirements.
F. Prior to, and a condition of, issuance of a building permit for a development
requiring the extinguishment of a Historic TDR Certicate(s), the applicant shall
assign and deliver the authentic certificate(s) to the City of Aspen whereupon the
certificate(s) shall be mazked "extinguished."
G. The Community Development Director shall issue a letter confirming the
extinguishment of the TDR Certificate(s) and increasing the available
development rights of the Receiver Site. The applicant may wish to record this
document with the Pitkin County Clerk and Recorder. The confirmation letter
shall not stipulate an absolute total Floor Area, but shall stipulate a squaze footage
increase from the allowable Floor Area, according to the zone district and land
use of the Receiver Site at the time of building permit submission. The Receiver
Site shall remain subject to amendments to the allowable Floor Area and 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 confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the Receiver Site by extinguishment of Historic
TDR Certificate(s) shall be that allowed in Chapter 26.710, according to the zone
district and the land use, or as otherwise specified in a Final PUD Plan for the
receiver Site and shall not permit the creation of anon-conforming use or
structure.
Section 4: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof. ,
Section 5: Existine LiH¢ation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 6•
A public hearing on the ordinance was held on the ~ day of~~, 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of May, 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
MEMORANDUM ~ ~ ~
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director~~
FROM: Jennifer Phelan, Community Development Deputy Director
RE: Mountain Plaza Building (AKA Bidwell Building - 434 E. Cooper Ave.) -
Subdivision Review, Second Reading of Ordinance No. 1, (Series 2008)
(Continued from 4/14/08)
MEMO
DATE: May 3, 2008
MEETING
DATE: May 28, 2008
SPECIAL NOTE: This staff report is new since the April 14`n hearing and addresses
proposed changes to the application by the Applicant. It contains the following:
• A summary of the proposed changes to the application since the April 14`n
hearing;
Staff recommendation & motion; and
• A revised ordinance.
Also attached is the staff report from April 14, 2008. This is attached primarily to show the
development proposal, background and dimensional standards table associated with the
development so that you have this information at band. Please refer to the oriHinal January
28`n April 14`n staff reports to reference the exhibits.
SUMMARY:
At the April 14`n second reading for the Mountain Plaza application, the City Council discussed a
number of issues at the public hearing on the application. Below aze amendments to the
application that are being proposed by the Applicant. Comments from Staff follow in a sepazate,
italicized paragraph.
The Annlicant nronoses that the three affordable housing units be available for rental
through the Aspen/Pitkin County Housing Authority (APCHA) rather than selected by
the pronerty owner(s). Although the Applicant agrees that allowing the units to be rented
by business employees would be an asset to persons employed on site, allowing the units
to be rented through APCHA provides for occupancy of the units that will not be tied
with employment.
A condition to this effect has been incorporated into the attached ordinance.
• The Applicant is nronosing one off-street narking space to be allocated to each affordable
housing unit. The remaining nine (9) spaces aze not allocated at this time.
Page 1 of 9
A condition to this effect has been incorporated into the attached ordinance.
The Applicant is reseazching the feasibility of making the roof decks accessible to all six
(61 residential units. The Applicant does not want to increase the height of the building in
any way and is exploring design options that meet building code requirements with
regazd to accessibility.
• Value En ing eerin~ The Applicant is requesting a condition of approval be included in
the ordinance disallowing the approved exterior palette of materials to be replaced with
similar less expensive materials.
A condition to this effect has been incorporated into the attached ordinance.
Homeowner Association Fees. The Applicant's representative has indicated that the
Applicant's counsel will provide a letter addressing concerns relative to homeowner
association dues and assessments relative to the affordable housing units. At the time of
the packet deadline (5/5/08) a memo had not been submitted and staff hopes to get any
correspondence to council prior to the heazing.
An option to consider for handling assessments and dues of the building is to tie the
assessment or dues as a proportion based on the "actual value" of the units provided by
Pitkin County Assessor information for each unit.
Re-establishment ofreal estate offices. Clarification on why a real estate office cannot be
re-established on the ground floor if the existing building is demolished and redeveloped
was requested. Office uses are a prohibited use on the ground floor within the
Commercial Core zone district unless the use is located forty feet from a street. Legally
established Office uses that do not meet the above-mentioned standard are allowed to
continue as a Nonconforming use. The Nonconformities chapter of the land use code
notes that "any nonconforming use located in a structure which is purposefully
demolished....may not be continued or restored. "With the purposeful demolition of the
building the existing Offtce use cannot be re-established.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP
as well as the applicable review standazds in the City Land Use Code. This project provides
affordable housing and net leasable space downtown.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE:
"I move to approve Ordinance No. 1, Series of 2008, approving with conditions, subdivision
review of the Mountain Plaza Building to construct amixed-use structure on the property known
as 434 E. Cooper Avenue."
CITY MANAGER
ATTACHMENTS:
EXHIBIT A -Review Criteria and Staff Findings (provided in January 28a' staff memo
and May 12a' memo)
EXHIBIT B -Historic Preservation Commission minutes dated May 9, 2007 (provided in January
28~' staff memo)
EXHIBIT C -Historic Preservation Resolution No. 20, Series of 2007(provided in January 28`h
staff memo)
EXHIBIT D -Planning and Zoning Commission minutes dated October 2, 2006 (provided in
January 28s' staff memo)
EXHIBIT E -Planning and Zoning Commission Resolution No.26, Series of 2007(provided in
January 28`h staff memo)
EXHIBIT F-Application (provided in January 28`" staff memo)
EXHIBIT G- Preliminary Construction Management Plan (provided in February 14a' staff memo)
EXHIBIT H - Proposed vs. Existing Net Leasable Commercial Space (provided in February 14`h
staff memo)
EXHIBIT I - Tenant List (provided in February 14a' staff memo)
EXHIBIT J - LEED for New Construction Checklist (provided in February 14s' staff memo)
EXHIBIT K - Energy Analysis (provided in February 14`h staff memo)
EXHIBIT L - Memo from Klein, Cote & Edwards, LLC dated May 6, 2008(provided in
May 12th` staff memo and May 28`s memo)
EXHIBIT M - Public Comment
February 14`h Staff Memo
SUMMARY AND FIRST READING QUESTIONS:
At the January 28`s first reading for the Mountain Plaza application, the City Council raised a
number of issues that they asked to have addressed in further detail prior to the scheduled second
reading and public hearing on the application.
Below, the concerns voiced by the City Council are itemized issue by issue. The Applicant's
representative has responded to the questions in the attached Exhibits. Comments from Staff
follow the issues raised in a sepazate, italicized paragraph.
1) Provide insight on affordable housing needs with regazd to "for sale" vs. rental units.
In speaking with Tom McCabe, the ratio of `for sale" to rental units has traditionally been
about haf 'for sale" and half rental. Currently, `for sale" units are a slightly greater
percentage of the inventory. The Housing Board will be discussing this issue of housing
needs at their March 19, 2008, meeting and staff may be able to provide additional
information at the hearing.
As the City's Land Use Code is currently written, affordable housing units shall be deed
restricted as `for sale" units unless permitted to be rental units by the Planning and Zoning
Commission. The Applicant requested that the units be rental units and the Planning
Commission approved the units as rental units during their review of the application;
however, if the rental units become noncompliant with the housing guidelines in the future,
then the units shall be converted into 'for sale "units as written in the ordinance.
2) Are there any tools to limit the uses for the commercial use of the property to provide locally
serving uses such as medical offices?
An Applicant can voluntarily restrict the uses permitted on a property through a deed
restriction. A deed restriction needs to be truly voluntary, as the Council does not have the
authority to require the placement of a deed restriction on the property.
3) One of the AACP policies states "retain and encourage an eclectic mix of design styles to
maintain and enhance the special character of the community" under the Design Quality
chapter. Does demolition of an eclectic building further the AACP?
As noted in the AACP, "the purpose of the Aspen Area Community Plan is to serve as a
guide for the future" and "should be interpreted to apply generally to all properties and
issues in Aspen. " While retaining and encouraging an eclectic mix of design styles is a
policy of the AACP, the intent of the Design Quality chapter is to "ensure the character of
the built environment is maintained" both in the maintenance of existing buildings and the
construction of new ones.
Although City Council may feel that the Mountain Plaza building is one that contributes to
an eclectic mix, the building has been through a number of land use reviews: to determine if
the building can be demolished and to historically designate the building. The land use
reviews did not result in the designation of the existing building and determined that it could
be demolished. Subsequent reviews by the Historic Preservation Commission conceptually
approved a building that is found to meet the adopted criteria for development within the
Commercial Core Historic District and contribute to the character of the historic district.
4) Address the construction management plan, pedestrian amenity and the potential for a
restaurant.
During the Development Review Committee meeting with the Applicant, the Engineering
Department put the Applicant on notice that the construction management plan (CMP) is a
critdcal component to the redevelopment of the site due to its downtown location and
proximity to the pedestrian mall. A preliminary CMP is provided in Exhibit G. The
requirement for Pedestrian Amenity was reviewed and approved as a cash-in-lieu payment
by the Historic Preservation Commission. Restaurants are a permitted use in the
Commercial Core zone district, but the Applicant will need to expand on any anticipated
uses within the building.
5) Clearly show height/elevation changes at second reading.
The Applicant will provide additional drawings to address height at the hearing.
6) Provide mitigation information on the development.
The land use code allows an applicant to satisfy multiple mitigation requirements (both the
residential and commercial components of the project) concurrently when on-site employee
housing is provided. Table 5 shows the required employee mitigation for both the commercial
and the residential component of the proposal. Since the Applicant is providing on-site
affordable housing units, the Applicant is required to provide employee housing for the
residential component only as the proposed commercial component is provided a credit
generated by the existing commercial net leasable area. The Applicant's affordable housing
will house 5.25 employees.
Table 5: Em to ee Miti ation
__
Miti~
Catnmercial T'raposed 10,585 s . fr. 22.98 -2.12
Net_ Employees
amble existing 12,081 sq. ft. 25.10
Area
New:E`t~l~tl€et 6,000 sq. fr. 1,800 sq. ft. 4.5
Itesdetrti~l=.Net Livable Employees
Area*~
Notes:
*An employee generation credit is provided for the existing project's commercial net
leasable area resulting in less employees generated by the proposed net leasable area
compared to the existing net leasable area.
* * Based upon the proposed affordable housing units (Table 2 of the January 28, 2008
staff memo), 5.25 Employees are housed.
7) How can the City ensure that the property is redeveloped?
The City often requires some form of collateral when development occurs, often in the form
of a letter of credit or bond. The collateral ensures that the proposed work is completed and
this same tool can be used for this project as a condition when issuing a demolition or
building permit for this project.
8) Provide a table that shows existing uses, tenants, and square footage compared to the
proposed development.
The table is provided in Exhibit H of the memo. As proposed, the building will contain 1, 496
sq. ft. less in net leasable area (the obvious loss being the current basement level retail).
With the redesign of the building the net leasable area provided on the ground floor will
increase by 1,048 sq ft. while the second floor net leasable area will increase by 391 sq. ft.
9) Has the Applicant considered the relocation and return of existing tenants?
The Applicant has provided a tenant list and terms of leases in Exhibit L Of the seven (7)
tenants listed, Kemosabe is expected to return after reconstruction (but will close during the
interim).
10) What are the major parts to get Leeds Certification
LEED (Leadership in Energy and Environmental Design) Certifcation is a point based
system where a projects scored is evaluated in a number of areas and scored for a project
total to meet a certain certification level (certified, silver, gold, or platinum). The categories
by which a project can gain points are as follows.• sustainable sites, water efficiency, energy
& atmosphere, materials & resources, indoor environmental quality, and innovation &
design process. A total of 69 points can be achieved Exhibit J provides a summary of the
LEED points available for new construction. Further information on the scoring system can
be reviewed at http: //www. usgbc. org/ShowFile. aspx?DocumentlD=1095
11) Is the pazking gazage aself-service type and how congested is the alley?
The parking garage will be aself-service style garage access. Tim Ware of the parking
department did inform staff that the alley is quite busy with use.
12) What is the comparison of energy usage for the existing project to the new project?
The applicant has provided an energy analysis of the project as provided in Exhibit K.
.,th .,
VGl1VG• 4V V1G11 L~1M1llV
APPLICANT /OWNER: STAFF RECOMMENDATION:
Bert Bidwell Investment Corporation, Staff recommends that the City Council approve
c/o Mazk Bidwell the subdivision review.
REPRESENTATIVE: SUMMARY:
Mitch Haas, Haas Land Planning, LLC. The Applicant requests of the City Council
approval of the Subdivision Review.
LOCATION:
Lots Q, R, and S, Block 89, City and
Townsite of Aspen, CO, commonly
known as 434 E. Cooper Ave.
CURRENT ZONING B: USE
Located in the Commercial Core (CC)
zone district containing a two story
(above grade) with 12,081 sq. ft. of
office/retail Net Leasable Area.
PROPOSED LAND USE:
The Applicant is requesting to develop a
three story (above grade) mixed-use
building containing sub-grade pazking,
three (3) affordable housing units
(containing 2,241 sq. ft. of net Livable
Area), three (3) free-mazket housing
units (containing 6,000 sq. ft. of Net
Livable Area), and commercial/office
Photo of the subject property
uses (containing 10,585 sq. ft, of Net
Leasable Area. _ _
GENERAL BACKGROUND
This application was submitted in March of 2006, prior to the passage of the moratorium and
therefore not affected by it or the subsequent code amendments. The existing property is located
in the Commercial Core (CC) zone district. It is also located in the Commercial Core Historic
District although not deemed contributing to the period of azchitectural significance of the
district. The existing building has been approved for demolition by the Historic Preservation
Commission after an application for designation was initiated by the City and subsequently
denied. As a proposed building in the Commercial Core Historic District, the Historic
Preservation Commission has purview over the design of the building and has granted
conceptual approval of the new building.
The application was heard by the Planning and Zoning Commission in October of 2007. As a
result of the hearings conducted by the Planning and Zoning Commission, Resolution No. 26
(Series of 2006) was passed by a three to one (3-1) vote. The Planning and Zoning
Commission's resolution approved three growth management reviews, and made a
recommendation of subdivision approval.
The Applicant is requesting subdivision approval because the development of multi-family
dwelling units requires approval of subdivision pursuant to the definition of subdivision in the
City's land use code (see section 26.104.100, Definitions). If the Applicant is interested in
creating individual ownership interest in the units, condominiumization must be undertaken.
Once construction is nearly completed but prior to issuance of a Certificate of Occupancy, the
developer must file a condominium plat and associated documents for review and approval by
the City Engineer and Community Development Director. This is required to demazcate
ownership units within a single building.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals from the City Council to redevelop
the site:
• Subdivision for the construction of multiple dwelling units pursuant to Land Use Code
Section 26.480 (Gifu Council is the final review authority after considering a
recommendation from the Planning and Zoning Commission).
The Planning and Zoning Commission approved the following growth management reviews at
the October 2, 2007 public heazing:
• Growth Management Review for Expansion/New Commercial Development in the
development of a new mixed-use building pursuant to Land Use Code Section
26.470.080 (1).
• Growth Management Review for New Free-Market Residential Units within a Multi-
family or Mixed-Use Project in the development of new free-mazket residential units
within amixed-use project pursuant to Land Use Code Section 26.470.080 (2).
• Growth Management Review for Affordable Housing in the development of affordable
housing pursuant to Land Use Code Section 26.470.070 (4).
PROJECT SUMMARY:
The Applicant, Bert Bidwell Investment Corporation, has requested approval to demolish the
existing office/retail building located at the corner of Cooper Avenue and Galena Street that is
located on a 9,000 squaze foot lot and redevelop the site with a new mixed-use building
containing commercial, affordable housing, and free mazket residential uses. As proposed, the
new four story building (some of which is below grade) contains:
• A completely sub-grade pazking gazage. Vehicular access to the property and the gazage
will be from the alley right-of--way that is adjacent to the north property line of the
subject property. The garage will provide eleven pazking spaces.
• The at-grade level contains two (2) commercial/office spaces and a Galena Street entry to
the second and third story space.
• The second level contains three (3) affordable housing units and commercial/office space.
• The third level contains three (3)free-market units.
Table 1: Compazison of Proposed vs. Required Dimensional Requirements.
t` 5ilm
'Re ~~ ~` ~ ~
it~
g 9
Minimum Lot 9,000 sq. ft. No requirement
Size
Minimum Lot 90 Feet No requirement
Width
Minimum Lot N/A No requirement
Area/Dwellin
Minimum Front 0 Feet No requirement
Yazd Setback
Minimum 0 Feet No requirement
Alternative Front
Yazd Setback
Minimum Side 0 Feet No requirement
Yard Setback
Minimum Rear 0 Feet No requirement
Yazd Setback
Maximum Height 41 Feet 42 Feet
46 Feet for azeas setback 15 or more feet from lot
lines adjacent to a street ri t-of-wa
Floor Area Ratio 2.61:1 or 1.47:1 or Cumulative Maximum: Commercial: 1.5:1 or
(FAR) 23,503 sq. ft. 13,275 s . ft. 3:1 or 27,000 sq. ft. 13,500
.31:1 or Affordable Housing: No
Table 2: Proposed Affordable Housing
Table 4: Provosed Commercial Net Leasable Area
STAFF COMMENTS'
SUBDIVISION:
The Applicant is requesting subdivision approval because the development of multi-family
dwelling units requires approval of subdivision pursuant to the definition of subdivision in the
City's land use code.
Table 3: Provosed Free Market Residential
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
Review Standards.
SCHOOL LANDS DEDICATION:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.620, School Lands Dedications, requires that the Applicant either dedicate lands for
school function or pay acash-in-lieu payment. The Applicant has proposed to pay acash-in-lieu
payment pursuant to the fee schedule established in Land Use Code Section 26.620.
Staff has included a condition of approval in the proposed ordinance requiring that the
Applicant pay the School Lands Dedications fee prior to issuance of a building permit for the
proposed building.
IMPACT FEES
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site and additional net leasable created, pursuant to Land Use Code Section 26.610, Park
Development Impact Fee. The impact fee for this project shall be calculated at the time of
building permit submittal.
Staff has included a condition of approval in the proposed resolution requiring that a Park
Development Impact Fee be paid at prior to building permit issuance.
REFERRAL AGENCY COMMENTS:
Referral departments have reviewed the proposed application and their requirements have been
included as conditions of approval when appropriate.
Ordinance No. 1
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS
FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT
AND SUBDIVISION LOCATED AT 434 E. COOPER AVENUE, CITY OF
ASPEN, PITHIN COUNTY, COLORADO.
Parcel No.2737-182-16-011
WHEREAS, the Community Development Department received an application
from the Bert Bidwell Investment Corporation requesting three (3) Growth Management
Review approvals and Subdivision to develop amixed-use building known as the
Mountain Plaza Building located at 434 E. Cooper Avenue; and,
WHEREAS, prior to applying for the Growth Management Reviews the
Applicant received approvals from the Historic Preservation Commission for Conceptual
Design Review, View Plane Review, and Commercial Design Review via Resolution No.
20, Series of 2007; and,
WHEREAS, Pursuant to Section 26.470.120, staff reviewed the application and
assigned a Community Objectives Score which is based upon developing the project at a
Leeds Silver level and providing lazger affordable housing units than required; and,
WHEREAS, prior to applying for subdivision approval the Applicant received
three Growth Management approvals and a recommendation of subdivision approval
from the Planning and Zoning Commission for aMixed-Use Building which contains
10,585 sq. ft. of net leasable area, three (3) free-market residential units totaling a Floor
Area Ratio of .82:1 or 7,392 sq. ft. and individual net livable azea of 2,000 sq. ft. each,
and three (3) affordable housing units with a total of 2,241 sq. ft. of net livable area via
Resolution No.26, Series of 2007; and,
WHEREAS, once the land use approvals and recommendation of approval were
granted by the Planning and Zoning Commission, the Applicant requested Subdivision
approval of the City Council; and,
WHEREAS, upon review of the application and the applicable code standazds,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision request; and,
WHEREAS, during a duly noticed public hearing on Mazch 24, 2008, the City
Council continued the public heazing to April 14, 2008. On April 24`h, the City Council
opened the hearing, took public testimony, considered pertinent recommendations from
the Community Development Director, referral agencies, considered the development
proposal under the applicable provisions of the Municipal Code as identified herein and
continued the public hearing to May 12, 2008. On May 12`x, the City Council again opened
Page 1 of 7
the public hearing and continued the hearing to May 28, 2008, due to the lack of email
correspondence being included in the staff memo; and
WHEREAS, on May 28`s the City Council again opened the public hearing, took
public testimony, and considered recommendations provided by staff and referral agencies,
and considered the development proposal under the applicable provisions of the Municipal
Code as identified herein and adopted Ordinance No. 1, Series of 2008, approving with
conditions, the Subdivision application; and,
WHEREAS, the Aspen City Council fmds that the development proposal meets or
exceeds all the applicable development standazds and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City'Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1•
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves subdivision review for the development of a
mixed-use building containing three free-market units totaling a Floor Area Ratio of .82:1
or 7,392 sq. ft., three affordable housing units containing a minimum of 2,241 sq. ft. of
net livable azea (two Category 2 units and one Category 4 unit), and a commercial
component containing a maximum of 10,585 sq. ft. of net leasable area as shown in the
floor plans of Exhibit F of the staff report dated January 29, 2008. All material
representations including off-street parking and the dimensional standazds of the project
included in the application and subsequent staff memos shall be incorporated into the
materials for building permit application.
Any final approvals granted by the Historic Preservation Commission for this project
shall include a condition specifving the approved exterior building materials palette and
prohibiting the developer from changing exterior materials with those that aze similar but
of a lesser quality and cost.
Section 2: Plat and Agreement
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480, Subdivision, within 180 days of this approval. The 180 days shall
commence upon the granting of Final Design Review approval by the Historic Preservation
Commission. The subdivision agreement shall require recordation of a condominium plat
prior to issuance of a Certificate of Occupancy.
Section 3: Building
The Applicant shall meet adopted building codes and requirements if and when a
building permit is submitted. Additionally, as represented in the growth management and
subdivision application dated August I5, 2007, the Applicant will attain, at a minimum, a
Page 2 of 7
LEED Silver Certification by issuance of the Certificate of Occupancy or by such time as
agreed to by the Chief Building Official.
Section 4: Eneineerin¢
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Engineering Department. A Stormwater System development fee shall be assessed at the
time of building permit application. The construction management plan required as part
of building permit application is a critical component of this redevelopment project as it
is located adjacent to a pedestrian mall and public impacts shall be minimized. The
Applicant shall follow Title 21 regazding encroachments associated with the construction.
Any deviation from adopted requirements with regazd to encroachments shall require
City Council approval. Regrading of the pedestrian mall may be necessary to achieve
accessible access. Above ground utilities shall be located on the site and not within the
public right-of--way.
Section 5: Affordable Housine
A. The affordable housing requirements of the project shall be met with provision of three
units. The Applicant shall provide aone-bedroom, Category 2, 701 squaze feet unit; a
studio, Category 2, 530 squaze feet unit; and atwo-bedroom, Category 4, 1,010 squaze feet
unit as represented in their application. The Applicant shall designate one off-street pazking
space in the parking eazaee for each affordable housine unit.
B. Rental units are allowed with the following conditions:
1) The units will be deed-restricted as Category 2 for the studio and one-bedroom
units and Category 4 for the two-bedroom unit.
2) The deed-restriction will allow for the units to become ownership units at such
time the owners would request this change and/or at such time the APCHA
deems one of the units out of compliance over a period of more than one year. If
any of the units aze found to be out of compliance for one yeaz, or the owner
elects to sell the units, all of the units would be listed for sale with the Housing
Office as specified in the deed restriction at Category 2 for the studio and one-
bedroom units and Category 4 for the two-bedroom unit maximum sales prices,
based on the sales price stated in the Guidelines in effect at the time of
recordation of the deed restriction, appreciated as stated in the deed restriction
(3% or the Consumer Price Index, whichever is less), as of the date of the listing
of the units.
3) Rental of the units shall be open to all qualified employees in Aspen and Pitkin
County. The rental units shall be made available for occupancy through the
Aspen/Pitkin County Housins Authority: however, the HOA may maintain
ownershin of the units. If, in the future, the rental units house on-site em~lovees
the units shall not be tied to emnloyment.
Page 3 of 7
4) The governing documents of the development shall be drafted to reflect the
potential for the rental units to become ownership units; i.e., the Protective
Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed
free-mazkeUdeed-restricted project, the assessments shall be determined based on
the relative "actual value" provided by the Pitkin County's Assessor's office for
the free-mazket component compazed to the deed-restricted component. This
language shall be required in the Covenants associated with the project. No
changes to this restriction shall be allowed without the APCHA's approval.
5) As long as the units remain as rental units, APCHA or the applicant shall
structure a deed restriction for the employee housing units only such that an
undivided 1/l0a' of I percent interest in the ownership of each of the employee
units is deed restricted in perpetuity to the Aspen/Pitkin County Housing
Authority; or until such time the units become ownership units; or the applicant
may propose any other means that the Housing Authority determines
acceptable.
6) Language shall be provided in the Protective Covenants covering the units'
assessments upon the units becoming "for sale" units. The assessments shall be
based on the relative "actual value" provided by the Pitkin County Assessor's
Office for the free-mazket units compazed to the deed-restricted units. This
language shall be required in the approval and in the Covenants associated with
the project and allow for the same voting privilege as the free-market residential
units upon the units becoming "for sale" units. No changes to this restriction aze
allowed without APCHA's approval.
7) The deed-restriction shall be recorded at the time of recordation of the
Condominium Plat and prior to Certificate of Occupancy.
Section 6: Fire Mitieation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 7: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Utility placement and design shall meet adopted City of Aspen standazds.
Each of the units within the building shall have individual water meters.
Section 8: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. Oil and Grease interceptors (not
traps) are required for all food processing establishments and shall be identified and
Page 4 of 7
specified prior to building permit. Oil and sand sepazators are required for the pazking
garage. Driveway entrance drains shall drain to drywells and elevator shaft drains must
flow through o/s interceptor. Old service lines must be excavated and properly
abandoned, to the extent required by the district. Below grade development may require
installation of a pumping system. One tap is allowed; however 'shared service line
agreements may be required. Where additional development produces flows that
negatively impact the planned reserve capacity of the existing collection and treatment
system, fees will be assessed.
Section 9: Environmental Health
The state of Colorado mandates specific mitigation requirements with regazd to asbestos.
Additionally, code requirements to be awaze of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs.
Section 10: Exterior Li2htina
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 11: School Lands Dedication and Impact Fees
The Applicant shall pay the Pazk Development impact fee and the School Lands
Dedication assessed at the time of building permit application submittal and paid at
building permit issuance.
Section 12: Parks
A. A formal vegetation protection plan shall be required with building permit
application. Tree Removal Permit is required for the removal of the Crabapple street
trees.
B. Excavation of materials, storage of materials, storage of construction backfill, storage
of equipment, foot or vehicle traffic associated with construction is prohibited on
Cooper Ave Mall, unless permitted under condition "E" within this section..
C. Utility connections located within the mall shall be coordinated and designed in a
manner that does not encroach into the tree protection zones or disturb the surface of
the mall. If a utility is located within the mall, it must be direct bore minimizing
surface disturbance to the location of abandonment and new taps. Water taps and
abandonments will not be approved within designated tree protection zones; no
traditional excavation will be allowed in the mall for water or electric connections.
D. If temporary construction access to the site is requested on Cooper Avenue Mall, a
ROW permit is required for approval. Access will only be granted during the off
season; all work within the Mall has to be done and completed during these times:
Spring: Mazch 16a' till June 1 si /Fall: Sept 15ts till Dec 1 s`.
E. Damage to mall brick or mall amenities will be the responsibility of the developer,
replacement of brick will be done to COA standards and require the developer to use
the City's contractor for mall brick replacement.
Page 5 of 7
F. New landscaping in the right of way located on Galena Street will be done to the
Landscaping in the Right of Way standazds. Parks is recommending Summit Ash, a
species of Green Ash, planted on 20-foot centers throughout the entire strip. All trees
will be planted with irrigation and a planting strip shall be installed using structural
soils. The developer shall meet with the Pazks Depaztment to design the appropriate
planting trench and spacing of the trees.
Section 13: Vested Riehts
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 26, Series of 2006 and herein shall be vested for a period of three (3)
years from the date of issuance of the development order.
No later than fourteen (14) days following the final approval of all requisite reviews
necessary to obtain a development order as set forth in this ordinance, the City Clerk shall
cause to be published in a newspaper of general circulation within the jurisdictional
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: 434 E.
Cooper Ave., City and Townsite of Aspen, CO, by Ordinance No. 1 Series of 2008,
of the Aspen City Council.
Section 14:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 15•
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 16:
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Page 6 of 7
Section 17:
A public hearing on this ordinance shall be held on the 24"' day of Mazch, 2008, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice
of the same shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28s' day of January, 2008.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this _ day of , 2008.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
Michael C. Ireland, Mayor
Page 7 of 7
Exhibit A
SUBDIVISION REVIEW
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standazds and requirements.
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Finding
The project provides affordable housing within the city limits which meets one of the AACP's
housing goals. It also contains new development within the Urban Growth Boundary which
is a goal of the managing growth section of the AACP. With the location of the development,
the building supports the opportunity for choice in travel modes.• transit, walking, and
bicycling. Additionally, the building is required to be rated as LEEDS Silver. Specifically,
the application is consistent with the following goals of the AACP:
• "Contain development with the creation of the Aspen Community Growth Boundary... " The
proposed development and subdivision is within the Aspen Community Growth Boundary.
Staff finds the subdivision meets this goal of the AACP.
• "Foster awell-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different
backgrounds. " The subdivision and development creates spaces for free-market and deed-
restricted residences, and spaces for office and commercial uses. The location of the
development fosters lifestyles conducive to transit and pedestrian use, as it is located within
the Aspen Infill Area, has access to the bus route, and is within the Commercial Core. Staff
finds the subdivision meets this goal of the AACP.
• We should endeavor to bring the middle class back into our community. We should
discourage sprawl and recognize its cost to the character of our community, our open spaces
and our rural resources as well as the fiscal expenses associated with the physical
infrastructure of sprawl. " The Housing Guidelines maintain seven (7) Categories of
affordable housing; in furtherance of this AACP goal, the Code was written to require
affordable housing at the middle category level, namely Category 4. The proposal provides a
mix of Categories 2 and 4 units. Staff finds the subdivision meets this goal of the AACP.
• "Reduce the adverse impacts of automobiles on the Aspen area. " The development includes
underground pazking for tenants and residents of the building. The location of the pazking
reduces the impact these cars would otherwise have on the surrounding community if they
were required to park at street level. Staff finds the subdivision meets this goal of the
AACP.
• "New development should take place only in areas that are, or can be served by transit, and
only in compact, mixed-use patterns that are conducive to walking and bicycling. " The
proposed development is served by transit and is composed of compact mixed-uses
conducive to walking and bicycling. Staff finds the subdivision meets this goal of the
AACP.
• "Encourage development to occur within the Aspen Community Growth Boundary and
emphasize `good city form'. " The proposed subdivision is within a development located
within the Aspen Growth Boundary and within the Aspen infill azea. The development also
promotes "good city form" through its improvements to the street facing fagades, which
make the building more pedestrian friendly, and through its consistency with the Commercial
Design Standazds and Historic preservation Guidelines. Staff finds the subdivision meets
this goal of the AACP.
• "Retain and encourage an eclectic mix of design styles to maintain and enhance the special
character to Aspen. " Again, this section relates more to the overall development rather than
the subdivision. The development itself represents a high quality design that will work with
and enhance Aspen's unique chazacter. The buildings mass is broken up through fagade
fenestration and the use of different materials, which helps it relate to Aspen's historic thirty
(30) and sixty (60) foot lot widths. Staff finds the subdivision and development meet the
goals and intent of this section of the AACP.
b. The proposed subdivision shall be consistent with the character of existing land uses
in the area.
Staff Finding
Staff believes that the proposed mixed- use is consistent with the land uses in the immediate
vicinity which include commercial office uses, retail uses, affordable housing uses and free-
market multi family uses within the downtown core. Staff finds this criterion to be met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
StaffFindinQ
As the application indicates, the surrounding properties are close to fully developed.
Therefore, Staff does not believe that the proposal will adversely affect the future
development of the surrounding properties. The construction will impact neighbors and
visitors and a detailed construction management plan to mitigate those impacts will be
required. Stafffrnds this criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core zone district
requirements and meets all other land use regulations. Stafjfinds this criterion to be met.
B. Suitability of laud for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare of the residents in the
proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no overly steep
topography and no known geologic hazards that may harm the health of any of the inhabitants of
the proposed development. In addition, Staff believes that there will not be a duplication or
premature extension of public facilities because the property to be subdivided is already served
by adequate public facilities. Therefore, Staff finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
I. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals of
the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design recommendations by
professional engineers as necessary.
Staff Finding
The Applicant has consented in the application to meet the applicable improvements pursuant to
Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Finding
The Applicant is providing affordable housing units as required by the Land Use Code and meets
the affordable housing review standards of the GMQS system. Staffftnds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Sta~fFindinQ
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing
land, which will be paid prior to building permit issuance. Thus, staff finds this criterion to be
met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments Gave been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without 5rst obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Finding
Allotments for the proposed three free-market unit and three affordable housing units have been
granted.
~~ \ ~/
KLEIN, COTE & EDWARDS, LLC
ATTORNEYS AT LAw
HERBERT S. KLEN hskQkcelarytnet
LANCE R. WTL`, PC• irc@kcelaw.net
J09EPH E. EDWARD3, [a,.PC jeeQ(ccelaw.net
COREY T. 2UR~t3UCH ctiei kcelaw.net
EBEN P. CLARK epc(n~kcelaN:net
MADEiU B. KRISHNAMUR T[ mbkQkcelawnet
DAYID C, UFiL10 dcu~kcetavvnet
YtATTHEw M. LOtYRY mml@kcelaw.nd
+~Iw,dmined in GG(019I3
May 6, 2008
Via Email
Jennifer Phelan, Deputy Director
Aspen Community Development Department
130 South Galena
Aspen, CO 81611.
Re: Bidwell Building - HOA Assessments
Dear Jennifer:
201 NORTH MQ.L STREET, STE. 203
ASPEN, COLORADO 8F611
TELEPHONE: (970} 925-3700
PACSL~iII.E: (970) 925-3977
~nnv.kcclaw.net
At the last City Council meeting concerning the Bidwell Building, there were
questions raised by the Councilors concerning the disproportionately high impacts of
commercial units on homeowners' assessments. The Councilors are not concerned about
protecting the free-market residenfial unit owners from di proportionately high
assessments; they are concerned about providing protection for the owners of affordable
housing units from disproportionately high assessments. I suggest the City Council add
the following condition which should address the concern:
The covenants of the project shall contain. a limitation which
provides that the common expense assessments for the affordable
housing ututs shall b~tithe lesser of: (1) an assessment of $50.00 per
month (increased by 3% per year beginning the first January after
the affordable housing units are occupied), or (2) the assessment
which would otherwise be made based on the budget of the
Association provided that the share of the assessments payable by
any affordable housing unit shall in no case exceed the relative
valuation of that affordable housing unit as compared. to the
combined values. of all of the other units in the building as
determined by the County Assessor's office. For example, if the
valuation of a particular affordable housing unit shall be 2% of the
combined valuation of all of the units for the entire building, then
the assessment payable by the owner of such affordable housing
Jennifer Phelan, Deputy Director
May 6, 2008
Page 2
unit sha11 be the lesser of $50.00 per month (as adjusted) or 2% of
the budget./
Please let me know if you have any questions regarding this.
Very truly yours,
KLE~IN, C~ E & EDWARDS, L.L.C.
~' X C n r, -~
E. Edwards. III
Ce: Mitch Haas & Mark Bidwell
Page 1 of 2
Kathryn Koch
~~T Nv
From: Jack Johnson [jackj@ci.aspen.co.us]
Sent: Tuesday, May 13, 2008 7:51 PM
To: Kathryn Koch
Subject: Fwd: The new and greatly enlarged Bidwell Project
--- On Sun, 5/4/0 TButler029@aol.com <TButler029@)aoGcom> wrote:
From: TButler029@aol.com <TBut1er029@aol.com>
Subject: Fwd: The new and greatly enlarged Bidwell Project
To: jackj@ci.aspen.co.us
Date: Sunday, May 4, 2008, 8:14 PM
From: TButIer029
To: jackj@ci.aspen co.us
Sent: 5/3/2008 6:13:53 P.M. Mountain Daylight Time
Subj: The new and greatly enlarged Bidwell Project
Hi, Jack.,
Terry Butler here.....
You may know that I have lived and worked exactly next door
to the Bidwell Bldg. for 21 years and
I am adamately opposed to the plans for the new building the
owners want to build.
I have lived through 10 years of the dust, noise, smells, trucks,
and all the negative impacts and inconveniences that come
with huge projects like this being built right next to me.......i.e.
the Paragon Building, the Ute City Bank Bldg. the Andres Bldg.
(now Prada) and the smaller renovations of the Guidos
Building, and the Woods Building above Curious George.
I don't think my small hotel business can survive another
calamaty like what they are proposing next door to me.
The noise and dust alone, will kill my hotel..........1 almost lost
my business with the Paragon Bldg. Guests moved out on a
moments notice without one cent of payment to me. It was
5/15/2008
Page 2 of 2
horrible. There was nothing i could do or say......and it went on
for over 3 years.
No one in the neighborhood wants them to tear down that
Building of Fritz's anyway. Everybody near me is totally
against this project.
The building as it is now, is charming and fits the corner
perfectly with its downstairs patio and gracious setback.
Please stop the constant stream of people trying to change
Aspen and put in huge structures that look like tall, square
prisons.....i.e. the Dancing Bear and the Limelight.
We voted for you because you were against these
changes.....please keep your word to the community. These
new staff members in the planning office do not have the tenure
or sense of history of our village that we do.......they think if it's
new it will be better......NOT necessarily so.
Thank you in advance for your vote against this monstrous
project.....PLEASE DON'T LET THIS HAPPEN!!
Terry
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5/15/2008
Page 1 of 2
Kathryn Koch
From: Jack Johnson [writejacknow@yahoo.com]
Sent: Tuesday, May 13, 2008 7:46 PM
To: Kathryn Koch
Subject: Fw: Mountain Plaza proposal
--- On Fri, 5/9/08, spenrealestate@aol.com 44spenrealestate@aol.com> wrote:
1
From: Aspenrealestate@aol.com <Aspenrealestate@aol.com>
Subject: Mountain Plaza proposal
To: skadron@comcast.net, steves@ci.aspemco.us, jed@ci.aspen.co.us, dwayner@ci.aspen.co.us,
mick@sopris.net, writejacknow@yahoo.com
Date: Friday, May 9, 2008, 12:25 AM
I last spoke out about the proposed Wienerstube building and its height and mass being too massive a
too tall for the neighborhood. Among other things, I am now very concerned about the Mountain Pla
Building. This corner is probably the most important downtown block in Aspen....for locals and touri
alike. The first concern is the impact to our tourism during the two years or more that it will probabl}
take to build this massive construction. We have had to pass by all the constuction on Monarch for tl
last two or three yeazs and that is nothing compared to the detrimental impact that the Bidwell buildin
(Mountain Plaza) construction will cause at that popular junction and meeting place and "photo-op"
location on the corner of the Cooper St. mall and Galena.
What I'm afraid is happening is that every downtown building that isn't already as tall as the surround
buildings, will be torn down and rebuilt to maximize it....and to be able to have a high ceilinged pentl
to be able to sell for $1 OM or $20M We have some wonderful landmark buildings like the Independe
Square building and the Elks building and the Wheeler Opera House and the Hotel Jerome....they sho
stand out from the rest. We are going to ruin our downtown...to allow Aspen to become like one of tl
many other ski resorts that we have been proud to not resemble. At the rate we're going, wiithin ten
years or less, we will be walking down shadowy streets in Aspen, with no views of the
mountains....looking up at lots of empty, high ceilinged penthouses with lots of windows...and views
for those willing to pay the huge price.
And...we have been so concerned about the environment....and recycling. How about the tons of
construction materials thrown away when these buildings are tom down. The Bidwell building isn't e
that old....to just be turned into hundreds of dumpsters of gazbage for our landfill....along with the enc
stream of other huge downtown projects just waiting to be approved....or the ones that already have b
and that we aze stuck with. All becoming trash...wirh more trees torn down for lumber, and natural
resources depleted just to enable developers to make more and more money...and enabling landlords t
charge higher and higher rents.
Change has and will be the sign of a healthy economy, and, through the yeazs, we have had some
wonderful additions to Aspen....but we have to be so careful, or with so much being torn down and al
forever, we're going to lose so much of what has drawn us to our unique and beautiful town. We are
basically a small town....especially April, May and June....and September, October, November and m
5/15/2008
Page 2 of 2
of December (half the yeaz). What are we?....somewhere between 5,000 and 6,000 people in Aspen.
instance, do we need a big new art museum with some out of town patron's name on it, when we have
perfectly chazming museum by the river and pazk...one that exhibits local artists, as well as collection
new "big city" museum just doesn't fit in our town....Just because someone is willing to endow it doe<
mean we have to do it. Remember when someone (I think it was... Koch} was willing to spend his o~
money to put a parking lot under Wagner Park....I can't remember the details, but the city turned him
down. We11...I think that was a better idea than a grand art museum at a cost of millions that would t~
up open space at the Courthouse Plaza.
I am a realtor here and have been one for about 28 yeazs, but....I don't want to quietly stand by while
Aspen is being sold out...I'll settle for smaller commissions and know I'm not selling Aspen's heart.
Don't we have some sort of master plan for Aspen? ...a vision for the future that is one we can embrac
(for instance, at first glance, I kind of like the idea of cleaning up some of our downtown alleys for so
retail, pedestrian walkways, etc.).
I don't have any answers...just concerns. I know you've got a tough job.... And, maybe now there is
too much money that developers aze willing to throw around to get what they want. Maybe the die h~
been cast and Aspen has already been lost. I'm hoping that you can find a path for our town to follow
we can live with....and maybe even be proud o£ I'm not proud of the Obermeyer building or all the n
construction on Monazch...or the Mother Lode building....or La Cocina ........or the plans for the
Wienerstube... or the plans for Stage 3....or the plans for the Bidwell Building...or the plans
for ....etc...etc...etc.
I've rambled on and on, but thanks for reading this... Warm regazds from Lani White
Lanl YYhlte & Associates
aspenroslsstats~ol.com
970-948464
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5/15/2008
Page 1 of 1
Kathryn Koch
From: Jack Johnson [writejacknow@yahoo.com]
Sent: Tuesday, May 13, 2008 7:46 PM
To: Kathryn Koch
Subject: Fw: MOUNTAIN PLAZA
--- On Fri 5/9/08 Coloradotreeranch@comcast.net <Co[oradotreeranch@comcast.net> wrote:
From: Coloradotreeranch@comcast.net <Coloradotreeranch@comcast.neV
Subject: MOUNTAIN PLAZA
To: mick@ci.aspen.co.us
Cc: dwayner@ci.aspen.co.us
Date: Friday, May 9, 2008, 8:37 AM
Dear council members,
the proposed mountain plaza building as currently proposed is out of scale with the rest of the
buildings at cooper and galena. The historic independence building should continue to be the
largest building. All the other existing buildings, the red onion, aspen block, ute city banque etc
are all significantly lower than the proposed 41' of the mountain plaza building. This building
should be lower and the top floor stepped back. Even though this is not a historic building the
wall
surrounding the basement patio was a significant hippie hangout. many a battle was waged
between
the hippies and bert bidwell and my father. This is an important downtown comer and much
thought
should be put into how it can benefit the mall. Please work with the developer so that this
project
results in a more positive manner,
thank you,
guido meyer
5/15/2008
Page I of 2
Kathryn Koch
From: Jack Johnson [jackj@ci.aspen.co.us]
Sent: Tuesday, May 13, 2008 7:45 PM
To: Kathryn Koch
Subject: Fw: Bidwell Property
--- On Fri,~S/9/08, mice Reich <denice@callitsold.net> wrote:
From: mice Reich <denice@callitsold.net>
Subject: Bidwell Property
To: "mick@sopris.net" <mick@sopris.net>, "micki@ci.aspen.co.us" <micki@ci.aspen.co.us>,
"dwayner@ci.aspen.co.us" <dwayner@ci.aspen.co.us>, "jack]@ci.aspen.co.us"
<jackj@ci.aspen.co.us>, "writejacknow@yahoo.com" <writejacknow@yahoo.com>,
"jedv@comcast.net" <jedv@comcast.net>, "jed@ci.aspen.co.us" <jed@ci.aspen.co.us>,
"steves@ci.aspen.co.us" <steves@ci.aspen.co.us>
Cc: "Junee Kirk" <junee.kirk@comcast.net>
Date: Friday, May 9, 2008, 1:54 PM
I am one of the four family owners of the Paradise Bakery Property. We were required by the city to
designate open space, even though the building did not make ewnomic since -because each store
was approximately 400-600 square feet. We were required to sit the building far back. It was a very
painful economic hardship for the family. In the long run, it was the correct thing to do.
We are long time Aspenites and have gone out of our way to make it a pedestrian friendly corner. It is
very difficult to imagine such a large building across the street. Aspen needs set-backs and wonderful
restaurants and pedestrian friendly areas. Especially... the mountain view. It almost seems criminal to
allow such a massive building, when we were required by the city such restrictions on our property. We
are very proud of the Paradise Bakery Property and want to keep Aspen as pedestrian friendly as
possible. Large buildings, lot line to lot line, do not fit to the town's character.
Please do not vote for in favor of this massive building.
Regards,
Denice Volk
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It has removed 3747 Spam emails to date.
5/15/2008
Page 1 of 2
Kathryn Koch
From: Jack Johnson [jackj@ci.aspen.co.us]
Sent: Tuesday, May 13, 2008 7:44 PM
To: Kathryn Koch
Subject: Fw: Bidwell building approval/May 12th meeting
--- On Fri,~S/9/08, ai Otte <gdotte@hotmaiLcom> wrote:
From: Gail Otte <gdotte@hotmail.com>
Subject: Bidwell building approvaUMay 12th meeting
To: micki@ci.aspen.co.us, dwaner@ci.aspen.co.us, jack]@ci.aspen.co.us, jed@ci.aspen.co.us,
stevesk@ci.aspen.co.us
Date: Friday, May 9, 2008, 4:41 PM
Deaz Council Members---
Just aemail with some comments for your upcoming May 12th meeting with discussion on
Bidwell project. I've noted on bottom of page comments from a letter I sent regarding
Weinstube March 3 meeting. Thanks for not letting that one get through. Basically the same
comments for this proposted project. I'm not opposed to redevelopment just opposed to things
that don't fit the character of our small town. Bigger is not better. I recently walked up Galena
Street towards the Fifth Avenue condos and took a peek at the MASSIVE sive of The
Residences at Little Nell and it is just mortified me...it is so huge and truly out of size for our
town. There was a great letter in the Aspen Times Friday May 2 paper from an R. Magill (and
it notes that he also sent it to all of the council members). I fully agree with his comments.
Thanks again and have a great weekend and again for all your efforts in a sometimes
"thankless" job-again you are appreciated!
Regards,
Gail Otte
From: gdotte@hotmaiLcom
To: micki@ci.aspen.co.us; dwayner@ci.aspen.co.us; jack]@ci.aspen.co.us;
jed@ci.aspen.co.us; stevesk@ci.aspen.co.us
Subject: Weinerstube Redevelopment March 3, 2008 Meeting
Date: Sun, 2 Mar 2008 13:40:23 -0700
Hi,
Just wanted to drop you all an email with some comments regazding the
Weinerstube redevelopment. As I was perusing your web page on the city of
Aspen site. I totally agree with what it says and is part of the reason I love living
here. In the event you haven't read it recently---it says "Aspen is a small
community with a colorful history and special chazacter and fragile environment.
Our uniqueness.....quality of life..." etc.... I realize that something will eventually
5/15/2008
Page 2 of 2
go in that space. But is the best use something as tall as 42 feet? As you look at
the projects around town and their massive size...they just don't fit into the
character and charm of Aspen. (I think we have leazned just by looking at how
huge the Limelight project has become and soon Dancing Bear, The Residences) It
makes me sad...because I just can't call that charming. I ski quite often and have
had conversations in the gondola and I would have to say that not a single person
has said how much they ENJOY the big buildings. Again I know things do
change...but most of the ride consists of what happened to such & such (Red
Onion, Ute City Banque, Motherlode, La Cocina, Movie theatre?)...and then it
turns to greed and how could these things have been approved? I also agree with
the letter in the Aspen Times 3/1/08 from Junee Kirk that "neighborhood chazacter
matters".
Thank you for considering the comments of the people---and realizing that most of
us like the chazacter and charm of our town. We didn't move here for it to become
like "anywhere else USA" with chain stores, big huge city buildings. Please don't
let the greedy developers ruin our town. When you look at the help wanted ads---it
shows that places aze not fully staffed...now how will more big buildings (ie-
hotels) find employees?? THANK YOU for all your efforts thus far on stopping
some ofthem--Lift 1 A azea...again I know something will go in...it just doesn't
need to be so massive. And on that note---ACRA does not need a voice in the
COWOP-- I think we know what their voice is.
Thanks for your time and your service to our community. You truly are
appreciated!
Kind Regazds,
Gail Otte
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5/15/2008
Page 1 of I
Kathryn Koch
From: Jack Johnson [writejacknow@yahoo.com]
Sent: Tuesday, May 13, 2008 7:44 PM
To: Kathryn Koch
Subject: Fw: purview of PSZ to design approvals/ Bidwell Bldg
--- On Sat, 5/10/08, nee Kirk yunee.kirk@comcast.net> wrote:
From: Junee Kirk <junee.kirk@comcast.neV
Subject: purview of P&Z to design approvals/ Bidwell Bldg
To: "Dwayne Romero" <dwayner@ci.aspen.co.us>, "Jack Johnson"
<writejacknow@yahoo.com>, "JE Devillbiss" <JEDV@comcast.neV, "Mick Ireland"
<mick@sopris.neV, "Steve Skadron" <skadron@comcast.neV
Date: Saturday, May 10, 2008, 4:38 PM
Dear Council Members:
I would like to know why P&Z was taken out of the public process of weighing in on the design concept
and plans of the new Bidwell building ,now called, Mountain Plaza ? This is a time when members of
P&Z , as well as members of the public could have weighed in on the "context " of this building, as wel
as the taking- away of a very important public amenity: the plaza.
In going over the minutes of that meeting on Oct. 2, 2007, three members of P&Z voiced concerned of
the design of this building, its height, mass, the fact that an important pedestrian amenity -the open
plaza was being taken away. The P&Z members were: Weiss, Erspamer, and Speck.
In talking to Cliff Weiss this morning, he said that Chris Bendon specifically directed P&Z to vote only
on the Growth Management Quota System, and affordable housing component, and NOT on the design
of the building.
Doesn't this preclusion of P&Z oversight to design application also preclude opinions from the public ?
Was this project ever really properly noticed, and reviewed according to our landuse planning and
approval codes and methods ?
I would appreciated if you could better educated me to any new process if there is one?
Thank you for your time.
Junee Kirk
5/15/2008
Page 1 of 1
Kathryn Koch
From: Jack Johnson [writejacknow@yahoo.com]
Sent: Tuesday, May 13, 2008 7:43 PM
To: Kathryn Koch
Subject: Fw: Bidwell Building
~~~
--- On Sun,yS/11/08, u Lum <su@rofnet> wrote:
From. u Lum <su@ro£neV
Subject: Bidwell Building
To: "Mick Ireland" <mick@sopris.neV
Cc: skadron@comcast.net, jedv@comcast.net, dwayner@ci.aspen.co.us, "Jack Johnson"
<writej acknow@yahoo. com>
Date: Sunday, May 11, 2008, 6:48 PM
Dear Councilpeople,
I write to implore you to deny the current application for the replacement of the Bidwell Building, which is
too large (highlbigllot-line to lot-line) and too imposing a structure for that friendly comer of our
downtown core.
Further, we need a change in our codes so that penthouses are no longer accepted as the "financial
engines" for these monstrosities, and a change in the HPC perspective that currently demands no
setbacks. Where ever possible, the community has spoken to these issues: the Aspen Area Community
Plan, the core belief sessions, and by electing you in the hope of stopping the slaughter.
Don't stop the good work now.
Su Lum
May 9, 2008
925-7839; 925-3414
5/15/2008
Page 1 of 1
Kathryn Koch
From: Jack Johnson [jackj@ci.aspen.co.us]
Sent: Tuesday, May 13, 2008 7:56 PM
To: Kathryn Koch
Subject: Fw: Bidwell Building
--- On Mon 5/12/08, arkalunas, Lisa <lisam(a)j~eesehenry.com> wrote:
From: Mazkalunas, Lisa <lisam@reesehenry.com>
Subject: Bidwell Bllildlrig S~~uirements imposed by the Internal Revenue Service, w
To: stevesk@ci.aspen.co.us, jack]@ci.aspen.co.us, micki@ci.aspen.co.us, dwayner@ci.aspen.co.us, je
Date: Monday, May 12, 2008, 3:20 PM
I hope that you will carefully consider tonight the ramifications to the historic commercial core when you conside
Bidwell Building which is before you on tonight's agenda.
I am concerned that the overall massing, scale and height of the building will overwhelm one of the most import;
downtown.
This type of proposed development, with absolutely now public gathering or open space, is another example of
has been less than successful.
I urge you to consider the negative impacts of such heights and massing on such historic buildings as The Aspe
Onion, The Independence Block and the building now housing Prada (formerly housing Andres) which are all it
this building.
Thank you for your consideration,
Lisa Markalunas
lisam@reesehenry.com E-Mail
IRS CIRCULAR 230 DISCLOSURE:
To ensure compliance wi e
that any U.S. federal tax advice contained in this communication (including any at
int2B~tepmetendeoobepne®d~iag, maabetibg nsed~cbmmehtienguYpofla bHeavpadti}gape
matter addressed herein.
Y
5/15/2008
Page I of 1
Kathryn Koch
From: Jack Johnson [jackj@ci.aspen.co.us]
Sent: Tuesday, May 13, 2008 7:56 PM
To: Kathryn Koch
Subject: Fw: Bidwell Building
--- On Tue 5/13/08 lizabeth Farson <ejarson@sopris.net> wrote:
From: Elizabeth Farson <efarson@sopris.net>
Subject: Bidwell Building
To: "Mick Ireland" <mick@sopris.neV, "Jack Johnson" <jackj@ci.aspen.co.us>, "JE
DeVilbiss" <jed@ci.aspen.co.us>, "Dwane Romero" <dwane@ci.aspen.co.us>
Date: Tuesday, May 13, 2008, 10:20 AM
The proposed elevations of the Bidwell project remind me of downtown San Diego. The design seems
okay, but it is very large and far too tall for downtown Aspen.
Thanks for listening,
Betty Farson
5/15/2008
Jennifer Phelan
From: C Z [carlos ca ar.com]
Sent: Tuesday, May 13, 2008 2:25 PM
To: Mick Ir rwar ; Mi k Ireland; Dwayne Romero; Jack Johnson; Jack Johnson forward;
J.E. DeVilbiss; J.E. DeVilbiss forward; Steve Slack
Subject: Bidwell Building - Re: meeting on Mon. May 27th
Dear City Officials,
I wasn't able to attend yesterday's Aspen City Council Meeting, on the Bidwell new building proposal. I had
sent you my web blog link that had my article on this new project. Here it is again: (do read the end of this
email)
Friday, Apri125, 2008
Last week I made a visit to the Bidwell Building site. This existing structure respects human scale and human
interaction with pedestrians by way of providing coverage to those approaching the building on the sidewalks
on Galena or Cooper streets. On the corner it features a sunken plaza therefore opening up the corner to better
views and open space. The step up design of the existing building helps the transition of building scale, from a
human friendly pedestrian height at the sidewalk coverings up to the second floor rooftops. This is a building
that respects the open urban landscape of Aspen and the human scale of the casual pedestrians on Cooper
Street. Originally all buildings in that corner show respect to the human scale and urban landscape by stepping
back the floors, in order to prevent having imposing tall walls of the building next to the pedestrian walkways.
I just received images of the new proposed building at the Bidwell Building Site. Aspen is all about better
views at the ground pedestrian level and open space, and not brick walls three stories up at the sidewalk, as is
the case with the new proposed drawings for the new Mountain Plaza as they want it called. (Where is the
plaza??) The proposed design of the building is out of character for a historically mining and all-mountain town
of Aspen, this new proposal addition for the City of Aspen is not innovative in its design and tries to imitate old
forms of architecture that are mediocre in their design and build compared to the historic authentic counterparts
that required the aid of talented craftsmen that knew how to construct such buildings. A much more
contemporazy design would of being much more justifiable for our era.
It was great to know that the decision was postponed, and I'll try to make the meeting on the 27th. This new
design would take away "vistas and ground floor area open space" to the out-most important urban squaze in our
city. I believe that by eliminating the corner open space it will eliminate the existing public square too, this
corner is the "great public Aspen gatherer," this is not just any other corner in town and should not be treated as
such.
Yours,
Cazlos Zaldivar
May 13, 2008
John Erspamer
Aspen Planning and Zoning Commission
534 Spruce St.
Aspen, CO 81611
Mayor Mick Ireland
Aspen City Council
130 S. Galena
Aspen, CO 81611
The Honorable Mayor Mick Ireland and the Aspen City Council,
As a member of the City of Aspen Planning and Zoning I would like to explain my "no vote" on
the Bidwell building application at the comer of Galena and Cooper.
It is very important to retain the Aspen Community Chazacter that has evolved through the
mining era, quiet years, recent growth in the Ski Industry and then into a multi season tourist
attraction and second home community.
My references for my decision were:
The Aspen Area Community Plan on Page 2 recommends "Economic Sustainability that
endeavors to make our community better, without getting bigger ".
It continues to state that there is a need to "Maintain and create places and opportunities for
social interaction and lifestyle diversity.
On Page 4 it continues to state that "Aspen's diverse mix of people is still it's most important
resource and that people should take precedence over buildings and institutions".
On page 7 bottom right it states "Any measures, even extreme ones, to make Aspen a more
pedestrian oriented town will enhance our interactivity.
On page 8 "Aspen needs more get-together places and public activities that naturally encourage
an informal mix of our diverse population".
The Commercial, Lodging and Historic District Design Objectives and Guidelines on Page 3
refers to a sense of human scale animating the street with yeaz-round activity associated with
commercial frontage and gathering places is an underlying premise.
In addition a visual continuity such that adjoining blocks have relatedness should be an
objective.
Page 7 states that developments occur in a manner which sustains the highly regarded form, walk
ability, human scale, visual vitality and character of the azea.
Page 8 "Providing attractive Public Amenity Space is a firm policy for the city. These places
should accommodate public gatherings and enhance street vitality. They can provide additional
public circulation links, access to further commercial space and frontage, and enhanced
opportunities for outdoor dining space".
On Page 9 "At the street level, a building should contribute to a walking environment that is
attractive to the public".
Page 17 requires the design of the Public Amenity space should be envisioned at the time of
conceptual review.
Page 26 1.27 states "a new building should step down in scale to respect the height, form and
scale of a historic building within its immediate setting".
Besides the above directives in the AACP and Design Guidelines one must look at this comer
that is the busiest intersection in Aspen as a special public gathering place as well as a unique
pedestrian walkway.
I am also told this intersection is the second busiest in the State of Colorado next to the one by
the Boulder Mall. Just think of all the pedestrian movement in the summer and winter that
would be so congested with this new proposal. It pushes everyone into the mall where there is a
great deal of activity already with the information booth, horse carriage operation, temporary
booths like the ducky derby sales tables and the fire pit.
Special attention must be addressed to the historic Independence Square building on this
intersection. Recently large buildings have been placed neaz these historic icons and thus have
diminished the significance of the older buildings.
The square big box appeazance and height is in direct contrast to the neighboring buildings. If
this building is approved then any new buildings in the area have a new base to compare with
and a good reason for bigger buildings in the neighborhood.
The Pazadise Bakery was an important building when the gas station was removed and that was a
big concern of the community. To the credit of the owners they created a great public gathering
place that to this day makes this corner one of the most important in the Aspen azea.
The proposed size of this building will overshadow the whole corner and create a big city
feeling. People come to Aspen for the openness and views not to have a cavernous and cramped
experience similaz to the big city they live in.
The Guido building on this corner is of a size that doesn't overshadow nor intimidate the historic
Independence Square right next door and the same is for the Paradise Bakery building.
I would like to see the Bidwell proposed building have an open azea equal or similaz to the one
that currently exists with an opportunity for outdoor seating. This would be in perfect harmony
for the comer.
The rest of the building could be stepped back to the alley like the Pazadise Bakery to remove the
overbearing feeling of the current big box that is proposed.
Thank you for your time and I hope this clarifies my position on this project as a member of the
P&Z.
Yours,
WIL~IS PEMBER ARCHITECTS INC
4 1 2 NORTH MILL STREET ASPEN C O 8 1 6 7 1
Dear Mayor and Council,
5.1~ 08
The current proposal for the Bidwell building is unsettling to say the least. Not only because
the current proposal is an entirely banal, 1980's faux historical proposal, (issues of mass
and scale notwithstanding), but it is also compounded by HPC's egregious mistake of finding
no historical significance in the current structure. The issue here is not the quality of Fritz's
architecture at this corner, which it was ultimately judged on, but the missed opportunity
for designation based on anonymous architectures that rise to the level of being character
defining, e.g. the pan abode. Among other things, the covered public sidewalk here is both
quintessentially western and Aspen.
Italicized below is a two a-mail thread of comments prompted by an Aspen Times article
from Jan 30.08, wherein Mitch Haas describes the existing Bidwell building a "D-minus
building in an A-plus location..." The first comment is mine, while the second is from
anonymous. ... There is venom here which I am simply disgusted by. Read on.
"Bidwell redevelopment next in line"
Carolyn Sackariason
Aspen, CO Colorado
January 30, 2008
COMMENT
It's a disgrace, in light of recent discussions of post-war architecture, that a Fritz Benedict
building wou/d be considered to have no historic significance. A thoughtful renovation could
easi/y address retail, ADA and structural deficiencies as well as RESPECT HISTORY.
This proposal gets an 'F' for laziness. 1.30.08
REPLY to comment above
"And your stupid comment gets an "F" for F you! Fritz Benedict was a not a great architect -
he was a nice guy -end of story. He was a boot lick to FLW and to suggest that prairie style
or Usonian architecture had any p/ace in a mountain town let alone in a commercial bui/ding
shows how uninformed you are about design and history. Contact the Colorado AIA or the
State Historical Society and ask them about the architecture of Fritz Benedict -you'll get a
pause and then a "who?" This building, as the great Andy Stone said, is crappy. The
proposed new building addresses many of the deficiencies that Fritz couldn't even begin to
comprehend. Crawl back in your hole or your affordable housing unit. "
Anonymous 1.30.08
Sincerely,
Willis Pember, AIA
Jennifer Phelan
From: Dwayne Romero [dromero@steeplechasepartners.com]
Sent: Monday, May 19, 2008 9:25 AM
To: Jennifer Phelan
Cc: John Worcester
Subject: FW: Bidwell property
Mtn Plaza application email.
Dwayne
From: Betsy R ~ comcast.net]
Sent: Thursday May 15, 2008 47 AM
To: steve@ci.as .co.us; jed@ i.aspen.co.us; writejacknow@yahoo.com; mick@sopris.net; dwayner@ci.aspen.co.us
Subject: Bidwell property
Gentlemen, I am writing to express my opposition to the proposed plans for the Bidwell property. I
do hope you will thoughtlfully consider the height and massiveness of this proposal and what our
downtown core is beginning look like -the sun, views and "country town" are becoming scarce. This
is not a good impression for our visitors, and is very disturbing to us, the permanent residents. Many
of the '60's and 70's properties need refurbishing as we all know, but I hope that will not be done at
the expense of the beauty and well being of our town. Thank you for serving your city and dealing
with these troublesome issues. Betsy Ratcliff, resident since 1971.
Jennifer Phelan
From: Dwayne Romero [dromero@steeplechasepartners.com]
Sent: Monday, May 19, 2008 9:24 AM
To: Jennifer Phelan
Cc: John Worcester
Subject: FW: Mountain Plaza on Steroids?
Attachments: 20080321103019144.pdf; 20080321102852835.pdf; 20080321102940065.pdf; image.jpg
Mtn Plaza application email from public.
Dwayne
From: Art Burrows rows@ajaxdesign.com]
Sent: Thursday, May 15 2 M
To: dwayner@ci en.co.us; jackj@ci.aspen.co.us; writejacknow@yahoo.com; jedv@comcast.net; jed@ci.aspen.co.us;
skadron@comcast.net; steves@ci.aspen.co.us
Subject: Mountain Plaza on Steroids?
Dear council members and determiners of Aspen's architectural future
success or failures,
I have been reviewing the proposed Mountain Plaza, which will replace
the Bidwell Building, with other designers and local architects, and was
intrigued by the design for all the wrong reasons... See PDFs
It's height at 41' is completely out of scale with surrounding buildings. It
is my impression that The proposed Bidwell building does not conform to
the Aspen Area Community Plan, a very important part of the code,
because it is out of character and scale with this block and neighborhood .
This type of size is out of character of the downtown and is unwanted by
the local population... We have seen the huge addition to the west of
Wagner Park and everyone standing at the kids park staring at this thing
agrees, it's monstrous and serves only to return investment capital for the
developers and has nothing to do with the (previous?) values of a smaller
town like Aspen.
The Mountain Plaza seems to conform to this new (bigger is better)
investment scheme as well. Asoul-less big city facade without intimate
public dwelling spaces nearby. Why are we eliminating a public dwell
setback? Existing areas like this are overcrowded (Paradise seating, mall
seating, fountain, fire pit and shade areas) so why should we constrain
these areas more. Don't we need a little more green and a little less mortar
in Aspen?
Perhaps if a setback with dining patio or landscaped seating were
proposed, the building could be digested more easily. However as is the
proposed structure is an aberration of design and function in Aspen. This
building would look great in Denver or downtown Boulder but makes
little connection with Aspen's scale. I guess we shouldn't be too surprised
as this is what happens when an urban firm near Larimer Square designs
for the Aspen streetscape.
This building would eliminate dwell, intimacy and afternoon sun which
makes the Paradise location so enjoyable... If we are truly concerned about
livable spaces and being green, we need to think smaller and more
efficient, not big city building facade, greater energy usage, less intimate
dwell areas, mortar and mass.
Best Regards,
Art
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Jennifer Phelan
From: Dwayne Romero [dromero@steeplechasepartners.com]
Sent: Monday, May 19, 2008 9:27 AM
To: Jennifer Phelan
Cc: John Worcester
Subject: FW: Bidwell Bldg.
Mtn Plaza application email.
Dwayne
From: Phyllis J. . [mailto:pbronson@outfit.com]
Sent: Sunday May 18, 2008 2:19 PM
To: Aspen City ouncil
Subject: Bidwell Bldg.
Dear Council and Mayor,
The proposed Bidwell Building is objectively well designed. It would be fine for an urban corner in say Denver
or Chicago. It is not right for the mall comer in Aspen.
I have the same sense when I look at the proposed layout of The Bidwell Bldg that I did when I looked at John
Sarpa's ORIGINAL proposal for 1-A: KEEP OUT.
This big, too high, too dense type of building does nothing to perpetuate the sense of inclusiveness that used to
permeate Aspen.
Rather it exaggerates the negative sense of exclusivity which got accelerated in a big way with the Aspen Mtn
Club (big mistake) and we spot around town at various venues.
The big issue for me is why, time and again, we hear the same old (and tragic) response from 'Staff approving
everything only to be turned down by the criteria of the current council, generally.
How can Staff be so out of touch with the current climate in town that this continues without any sense that they
are listening to the citizens- not just the developers- of Aspen?.
Is it true that these developers are told to "build lot line to lot line" and as high as allowable? By whom?
And then wouldn't you think one of them would have the creative vision to approach Council with a project that
does not use up every sq inch of space but rather sought to do an elegant welcoming and inclusive building with
open space and a dwelling entrance that said 'Come on In' rather than a box that says "KEEP OUT."
Sincerely,
Phyllis
Phyllis J. Bronson, Ph.D.
MEMORANDUM
To:
FROM:
THRU:
MEMO DATE:
MEETING DATE:
Mayor and City Council
~l b,
Ben Gagnon, Special Projects Planner
Chris Bendon, Community Development Director
May 19, 2008
May 27, 2008
RE: Code Amendments in the Service/Commercial/Industrial Zone
District -Ordinance No. 4, Series 2008 - 2"d Readine
Public Hearing continued from Apri128, 2008
LAND USE REQUESTS AND REVIEW PROCEDURES:
Staff is requesting the following from City Council:
Determination if anolication to amend code text meets Standazds of Review pursuant to
Land Use Code Chapter 26.310.040 Standards of Review.
PROJECT SUMMARY:
Please note that the proposed ordinance and this memo have been adjusted based on the
resolution of several issues during the City Council at the April 28 public heazing. This
version of the memo only contains staff discussion on issues that remain unresolved.
STAFF COMMENTS'
The enclosed Ordinance demonstrates code changes by using st-riles for removed code
text and blue shading to denote new code text.
S/C/I ZONE DISTRICT HEIGHT LIMITS
At the April 28 public hearing, Council agreed that allowing an additional five feet in height by
special review (from 35' to 40') was inappropriate, under Section 26.710.160tD)8. At the time
of the discussion, four members of Council were present and two expressed concern that the 35-
foot height limit existing in the S/C/I Zone District may be too high. Staff will address the issue
on May 27.
SEPARATION OF COMMERCIAL AND RESIDENTIAL USES:
Mayor Ireland and Council discussed this issue on April 28 and directed staff to draft new
language for Section 26.710.160(F)3 with the intent of insuring that owners of free market
residential units are not able to purchase commercial space for the purpose of leaving it vacant to
increase the quiet enjoyment of the residential property.
This conditional use standard now reads as follows: Applicant must implement a prohibition on
the cross-ownership of free market residential units and commercial space, to be reviewed and
accepted by the City Attorney.
RECOMMENDATION:
Staff recommends approval of this application for various code text amendments to the S/C/I
Zone District.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~:
"I move to approve Ordinance No. 4, Series of 2008, finding that the application for code text
amendments meets the applicable Standards of Review."
ORDINANCE No. 4
(Series of 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO,
DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER
AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY
OF ASPEN MUNICIPAL CODE: 26.710.160 -SERVICE COMMERCIAL
INDUSTRIAL (SCI) ZONE DISTRICT, MEET APPLICABLE STANDARDS
OF REVIEW.
WHEREAS, on Apri125, 2006, the City Council of the City of Aspen
enacted asix-month temporary moratorium on land use applications in the Residential
Multi-Family (RMF); Residential/ Multi-Family (R/MFA); Commercial Core (CC);
Commercial (C1); Service Commercial Industrial (SCI); Neighborhood Commercial
(NC); Mixed-Use (MU); Lodge (L); Commercial Lodge (CL); Lodge Overlay (LO);
Lodge Preservation Overlay (LPO) Zone Districts of the City of Aspen, due to
persistent concerns that the rate and character of development activity in the City of
Aspen was having a negative impact upon the health, peace, safety, and general well-
being of the residents and visitors of Aspen, and that recent land use applications did
not appear consistent with the 2000 Aspen Area Community Plan; and,
WHEREAS, the City Council directed the Planning Director of the
Community Development Department to propose amendments to the Land Use Code
related to the above-named zone districts, pursuant to sections 26.208 and 26.212; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of
Title 26 of the Municipal Code shall be reviewed and recommended for approval,
approval with conditions, or denial by the Community Development Director and then
by the Planning and Zoning Commission at a public hearing. Final action shall be by
City Council after reviewing and considering these recommendations; and,
WHEREAS, on June 26, 2006, the City Council enacted Ordinance Number
23, Series of 2006, approving amendments to the six-month temporary moratorium,
and establishing additional exemptions to the temporary moratorium; and,
WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allowed for
the termination date of the moratorium to be extended by City Council through the
adoption of an ordinance; and,
WHEREAS, on September 25, 2006, the City Council enacted Ordinance
Number 38, Series of 2006, extending the temporary moratorium until February 28,
2007; and,
WHEREAS, on February 28, 2007, the City Council enacted Ordinance
Number 3, Series of 2007, extending the temporary moratorium until May 31, 2007;
and,
Ordinance No. 4, Series 2008.
Page 1
WHEREAS, on May 29, 2007, the City Council enacted Ordinance Number
20, Series of 2007, extending the temporary moratorium until November 30, 2007,
only for properties within the Service Commercial Industrial Zone Districts; and,
WHEREAS, on October 29, 2007, the City Council enacted Ordinance
Number 47, Series of 2007, extending the temporary moratorium until May 30, 2008;
and,
WHEREAS, the Community Development Director has recommended
approval of the proposed amendments to the Service Commercial Industrial Zone
District, as described herein; and,
WHEREAS, the proposed amendments encourage a greater social vitality of
service commercial areas, support for service commercial businesses that without the
SCI Zone District would likely relocate out of town and increase vehicle trip-
generation by locals seeking needed services, long-term sustainability of the local
economy that depends upon the services provided by businesses in the SCI district, the
provision of affordable housing that could be utilized as a live-work opportunity, the
continued provision of medical services to local residents in close proximity to the core
business district and high-density population areas, and generally encouraging a more
balanced permanent community ;and,
WHEREAS, the amendments proposed herein are consistent with the Aspen
Area Community Plan, which in part calls for:
• The focusing of growth towards already developed areas and away from
undeveloped areas surrounding the city by intensification of land uses within the
downtown.
• The retention of existing commercial and lodging uses.
• The rejuvenation of aging commercial properties.
• The development of mixed-use buildings with housing opportunities for locals.
• The development of affordable housing in locations supported by the "Interim
Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
• A balance between the community and the resort aspects of Aspen.
• The long-term sustainability of the local social and economic conditions; and,
WHEREAS, there are several distinct geographic parcels of different shapes and
topographical characteristics within the SCI Zone District, and these different parcels
have a range of neighboring parcels with different characteristics, and the differing
natures of these parcels within the SCI Zone District may be appropriate for different
kinds of uses within the District; and,
WHEREAS, the Andrews-McFarlin Subdivision within the SCI Zone District is
along and thin, metes and bounds parcel directly adjacent to the Roaring Fork River to
the east, and directly adjacent to the arterial N. Mill St. to the west; and,
Ordinance No. 4, Series 2008.
Page 2
WHEREAS, this parcel was included in the SCI Zone District when the it was
established in 1975, at a time when it was common practice across the United States to
locate industrial and light industrial uses directly adjacent to rivers, and since 1975, the
City of Aspen has enacted strict regulations governing the use of properties adjacent to
rivers, known as Stream Margin Review; and,
WHEREAS, Design Studio uses identified as permitted uses in the SCI Zone
District are more appropriate for the Andrews-McFarlin parcel than mast other permitted
uses in the SCI Zone District, which generally feature the servicing, repair, rental and
limited retail offerings of material goods including the space needed to store, service and
onloadloffload material goods; and,
WHEREAS, the unique nature of the Andrews-McFarlin parcel includes a
limited functional capacity to support such uses; and,
WHEREAS, the Community Development Director recommends that Design
Studio uses should be encouraged in specific areas of the SCI Zone District where most
other, more traditional permitted SCI Commercial uses are not likely to compete for
space; and,
WHEREAS, during a duly noticed public hearing on January 29, 2008, the
Planning and Zoning Commission found that the amendments met or exceeded all
applicable standards pursuant to Chapter 26.310, and recommended that City Council
approve amendments to the text of the Service Commercial Industrial Zone District, as
described in Planning and Zoning Commission Resolution No. 5, Series of 2008, by a
6-0 vote; and,
WHEREAS, during a duly noticed public hearing on March 24, 2008, the Aspen City
Council reviewed the recommendations of the Community Development Director and the
Planning and Zoning Commission, and the City Council and continued the public hearing to
April 28, 2008; and,
WHEREAS, during a duly noticed public hearing on April 28, 2008, the Aspen City
Council reviewed the recommendations of the Community Development Director and the
Planning and Zoning Commission, and continued the public hearing to May 27, 2008; and,
WHEREAS, during a duly noticed public hearing on May 27, 2008, the Aspen City
Council reviewed the recommendations of the Community Development Director and the
Planning and Zoning Commission, and found that the amendments met or exceeded all
applicable standards pursuant to Chapter 26.310, and approved amendments to the text of the
Service Commercial Industrial Zone District, as described herein, by a vote; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare.
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text being removed is strikethrough. T° * '^°'„ `' ~` ^mmo"''~+;"" nI~ the
Ne~~ test being added by
Ordinance No. 4, Series 2008.
Page 3
recommendation of the Community Development Director is shaded blue. Text which is not
highlighted is not affected; and,
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL
as follows:
Section 1: Section 26.710.160 -Service/Commercial/Industrial (SCI) Zone District,
which section regulates development within the Service/Commercial/industrial Zone
District, shall read as follows:
26.710.160 Service/Commercial/Industrial (SCI).
A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is
to preserve and enhance locally-serving, primarily non-retail small business areas to
ensure a more balanced permanent community; to protect the few remaining such small
business parks historically used primarily for light industrial uses, manufacturing, repair,
storage and servicing of consumer goods, with limited retail, showroom, or customer
reception areas. The SCI zone district contains uses that may not be appropriate in other
zone districts or do not require or generate high customer traffic volumes, and permits
customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have,
in combination, ~.r°r° *'~^~ ''G0~ ^~*'~° +,^^~ °~°° a limited percent of the floor area. as
noted belo~~, devoted to retail sales, ^+~ showroom, or customer reception, and such
uses shall be ancillary to the primary commercial use. This floor area percentage may be
increased through Special Review by the Planning and Zoning Commission, pursuant to
Section 26.430.050, and according to the standards of Section 26.710.160(E)1.
1) SCI Uses which may use up to 100% of the floor area for retail sales, ^+
showroom, or customer reception include the manufacturing, repair, customizing,
servicing, detailing, sales, and rental of consumer goods such as:
ajBuilding materials, components, hardware, fixtures, interior finishes and
equipment.
b)Household appliances such as ranges, refrigerators, dishwashers, etc.
c)Automobiles and motorcycles, Motor-driven cycles, and Motorized
bicycles, including parts.
d)Non-motorized vehicles such as bicycles and river-related recreational
items, for rental or in combination with a service use related to guiding or
touring.
e)Fabric and sewing supply.
2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, ^~ showroom, or customer reception including the manufacturing,
repair, alteration, tailoring, and servicing of consumer goods such as, electronic
equipment; floral arrangements; furniture; clothing; or sporting goods:
Ordinance No. 4, Series 2008.
Page 4
b GtiP°cTr"ixi"cn'r[cinLnc~ncr
b) Typesetting and printing, including copy center.
c) Photo processing laboratory.
d) Locksmith.
e) Post Office branch.
f) Shipping and receiving services.
l b
l) lll1er11tl auCtlOn ConSl~,Ilt11~111 outlet
j) Laundromat.
k) Commercial dry cleaning.
1) Recycling center.
m)Artist studio.
n) , ~,
p~1~TiF.'~~e~F m;4 n~r„IntoC f ~;i+ I+„4 ~T,;T-„t I~/to~,nn~
LUU1V VLiL tlr
(`1;,-.;nc. nr,.T +;tr,oc-c nl„T.c,
o) Veterinary clinic.
p) Animal boarding facility.
q) Animal grooming establishment.
r) Brewery and brewing supply, with on-site alcoholic beverage consumption limited to
the hours of noon to 9 pm Mondays through Saturdays and noon through 6 pm on
Sundays and limited to six samples of six ounces, or four samples of six ounces and
one sample of 16 ounces, per person, per day; this consumption limitation to be
suspended for wholesale buyers.
s) Coffee roasting and supply
t) Commercial Kitchen or Bakery.
u) Design Studio, limited to the Andrews-McFarlin Subdi~~ision.
~ n~n..ol,,,,,~;.,,~ n„a ~t„rn,~o
\ ~' r~T ~ fn rm;t4 o.T „no
uo,.
\ C 1 rl r 1 .,,T ;r1a„tnI tcL., r.o ;r+oa v
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AT.,.. Cf`T TT~~~ Dom,.,,-,;rro.T•
~_SCI Uses which may use in combination up to 10% of the floor area for accessory
retail sales showroom, or customer reception:
a) Building/landscape maintenance facility.
b) Automobile washing facility.
c) Warehousing and storage.
4) Primary Care Physician's Office Uses permitted:
a) On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
Ordinance No. 4, Series 2008.
Pate ~
b) Limited to a cap of 3,500 square feet at the Obermeyer Place PUD, upon execution
of an Insubstantial PUD Amendment.
5) Permitted Accessor~Uses:
a) Service yard accessory to a permitted use.
b) Sales and rental accessory and incidental to a permitted use.
c) Accessory buildings and uses.
d) Home occupations.
e) Offices, accessory to a permitted or conditional use, not to exceed 10% of a
commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (S/C/I) zone district, subject to the
procedures established in Chapter 26.425.050 Procedures for Review, and the standards
established in Section 26.710.160(F}.
Under Section 26.710.160(0) l ->, the Commission shall establish the appropriate amount
of door area to be devoted to retail sales, showroom, or customer reception for each
conditional use during the review, pursuant to the review standards of Section 26.710.160
(F)1.
Under Section 26.710.160(0)4-5, the Commission shall review the site plan to determine
compliance pursuant to the review standards of Section 26.710.160(F)2-3, and establish
conditions of approval as needed.
1. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free Market Multi-Family Housing on Upper Floors
o. .,....,...,., ~.- ~-rr-- - -..~_...
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/ Industrial (S/C/I) zone
district:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet}: No requirement.
3. Minimum lot width (feet No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060.
Ordinance No. 4, Series 2008.
Page 6
"~ 8. Maximum hei^ht: 35 feet. ^ ~'~''*' ' c ~ + ~ + + ' '' ''+ .., ~ ''~ """'"ice
1 .. "rr-~
~ +• - ~ ern i~n~r~ •+ + ~c.i >~i„~,. n,-o., n.,+;,, „~'cr~r . o ~+~
~a nil ~rr~ r~
~ b
z~. :gib-~=-~. ,.
9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses
cumulatively up to a total maximum FAR of ~ 2.25:1. Achieving the
maximum tloor area ratio is subject to compliance with applicable design
standards, view plane requirements, public amenity requirements and other
dimensional standards. Accordingly, the maximum FAR is not an entitlement and
is not achievable in all situations.
a) Commercial Uses: 1.5:1.
h) Primary Care Physician's Office uses:.25:1 FAR, only if a minimum of
.75:1 FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist
on the same parcel.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .25:1, only if a minimum of .75:1
FAR of Commercial Uses listed in Section 26.710.160(8)1-3 exist on the
same parcel.
e) Free-Market Multi-Family Housing:.5:1, only if a minimum of .75:1 FAR
of Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same
parcel, and a minimum of .25:1 FAR of Primary Care Physician's Office
Uses exist on the same parcel.
12. Maximum multi-family residential dwelling unit size (square feet): 2,000 sq. ft. of
net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates
("certificate" or "certificates''), subject to the following:
(1) The transfer ratio is 500 sq. ft. of net livable area for each certificate
that is purchased.
(2) The additional square footage accrued may be applied to multiple
units. However, the maximum individual unit size attainable by
transferring development rights is 2,500 sq. ft. of net livable area (i.e., no
more than 500 additional square feet may be applied per unit).
Ordinance No. 4, Series 2008.
Page 7
(3) This incentive applies only to individual unit size. Transferring
development rights does not allow an increase in the Floor Area Ratio
(FAR) of the lot.
Commentary: Refer to Chapter 26.53 for the procedures,for extinguishing
ce-°tificates.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050, and
shall be approved, approved with conditions, or denied based on conformance with the
following criteria:
b
nee >7 11 ~~ ti.o o,a +„ a a,a'+' .,l o:l; >,o l,+
uu a „b 'b
r0~F2~rttCttt~zrC-srae5 :~~uy v~ l,t. ~~ ~~ vv~
I. To increase the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for such additional space and shall demonstrate consistency with the
purpose of the SCI Zone District. The additional approved percentage for a specific
use shall be limited to that use and not applicable to subsequent uses in the same
space.
F. Conditional Review Standards.
I. To establish the allowable percentage of interior space assigned to retail,
showroom, or customer reception area, the applicant shall demonstrate the need
and appropriateness for the space and shall demonstrate consistency with the
purpose of the SCI Zone District. The approved percentage for a specific use
shall be limited to that use and not applicable to subsequent uses in the same
space.
2. Applicant must demonstrate that the affordable housing and/or free market
housing is substantially removed and physically separated from Commercial Uses
on the same parcel, to the extent practicable, so as to isolate residential uses from
commercial impacts and to adequately provide for on-loading, off-loading,
circulation and parking for commercial uses.
Ordinance No. 4, Series 2008.
Page 8
Applicant must implement a prohibition on the cross-ownership of free market
residential units and commercial space, to be reviewed and accepted by the City
Attorney.
Section 2•
Section 26.104.100 -Definitions, which section defines various terms, shall include as
follows:
Primary Care Physician's Offrce: A physician's office, where the sole use is the delivery
of primary care medical services that shall include one or more of the following areas of
health care practice: pediatrics, family practice, internal medicine, and obstetrics-
gynecology, where sale of supplies and/or medicines is incidental to the sale of services,
and where walk-in and either Medicare or Medicaid patients are accepted. Licensed
physical therapists also fall under this definition.
Artist's studio. Primarily a fine arts workshop of a light industrial nature such as pai-per,
sculptor, potter, weaver, carver, jeweler, or other similar art that requires
artistic skill, and not '-°r°r°"~' •~+;';f.,..;.,,~, related to personal hygiene or adornment,
r +~° ..•,~.,~;,. ° rt r°,a:'. °~'.°° and secondarily receiving the public and
"b ,...
en~~a~~ing in retail sales on a limited basis.
Brewery. A facility, licensed by the State of Colorado and subject to the City of Aspen
Liquor License authority and jurisdiction, for the production and packaging of alcoholic
°~ Y'e
malt beverages for distribution, and secondarily '~~°'' ~'^°° ~^+ '~ r°•'°"" "°
roceivin;~ the public and engaging in retail sales on a limited basis.
Coffee roasting facility. A facility for the processing and packaging of coffee beans for
distribution ~~~d~e~e~en 'e~-~~e~ot° '''° ^•,'~';~_ ;.gµg~ is r°+~;' n'°s and
secondarily receiving, the public and engaging in retail sales on a limited basis. No
beverage consumption is allowed on site.
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 conducted
and concluded under such prior ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5•
A public hearing on the Ordinance was held on the 24th day of March, 2008, at 5
p.m. in the Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
Ordinance No. 4, Series ?008.
Page 9
prior to which hearing a public notice of the same was published in a newspaper of
general circulation within the City of Aspen.
Section 6:
This ordinance shall become effective thirty (30) days following final adoption.
Section 7•
The Temporary Moratorium adopted pursuant to Ordinance No. 19, Series of 2006,
as amended pursuant to Ordinance Number 23, Series of 2006, and Ordinance
Number 38, Series of 2006, and Ordinance Number 3, Series of 2007; and Ordinance
Number 20, Series of 2007; and Ordinance Number 47, Series of 2007, and
Ordinance Number 9, Series 2008, shall expire upon the effectiveness of this
Ordinance.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25`h day of February, 2008.
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Michael C. Ireland, Chair
day of , 2008.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Chair
Approved as to form:
City Attorney
Ordinance No. 4, Series 2008.
Page 10
MEMORANDUM
~,c.
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director
DATE OF MEMO: May 19, 2008
MEETING DATE: May 27, 2008
RE; Second Reading, Ordinance No. 15 Public Hearing
Additional exemption to Ordinance No. 51, Series of 2006
REQUEST OF COUNCIL: Staff has drafted an additional exemption to the Commercial Core
Moratorium which was adopted pursuant to Ordinance 51, Series of 2006. This exemption will
allow basement restaurant spaces to be converted to multiple retail spaces of no more than 750
squaze feet while still containing a restaurant.
PREVIOUS COUNCIL ACTION: On April 28, 2008, Council directed staff to draft an
additional exemption to Ordinance 51, Series of 2006, after heazing a request from Mr. Peter
Fornell. During first reading, City Council requested Mr. Fornell provide a more thorough
description of the proposed uses in the former Texas Reds space at 520 East Cooper Avenue.
This additional information is provided in Exhibit A. Mr. Fornell is also expected to attend the
hearing to answer any additional questions that City Council may have.
DISCUSSION: The City Attorney drafted the following exemption language:
"The Community Development Director shall exempt from the provisions of this moratorium
building permit applications that replace, in whole or in part, basement restaurant uses with
more than one retail use with no single retail space exceeding 750 square feet, and continue to
have a restaurant use. "
RECOMMENDED MOTION: "I move to approve Ordinance No. 15, Series of 2008."
CITY MANAGER COMMENTS:
ATTACHMENT:
A -Memorandum from Peter Fornell
Page 1 of 1
ORDINANCE NO. 15
(SERIES OF 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING AN AMENDMENT TO THE TEMPORARY
MORATORIUM ESTABLISHED BY ORDINANCE NO. 51, SERIES OF 2006
WHEREAS, on December 12, 2006, the City Council passed Ordinance No. 51,
Series of 2006, establishing a six month temporary moratorium on the acceptance of building
permit applications regulated by Section 105 of the International Building Code for any
property located in the Commercial Core (CC) District of the City of Aspen; and
WHEREAS, City Council extended the moratorium to December 12, 2007 pursuant
to Ordinance No. 26, Series of 2007; and extended the moratorium to June 12, 2008, pursuant
to Ordinance No. 46, Series of 2007; and extended the moratorium to December 12, 2008,
pursuant to Ordinance No. 10, Series of 2008; and,
WHEREAS, as an effect of the moratorium, certain building permit applications are
not permitted to be submitted; and
WHEREAS, there is substantial public interest in the preservation of the unique
historic nature and character of certain structures, including their interiors and current uses,
located within the commercial core district of the City of Aspen; and
WHEREAS, it is not the intent of the City Council to unnecessarily postpone
projects that comply with the stated intention of Ordinance 51, Series of 2006, therefore an
amendment is appropriate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1. Exemptions from the moratorium
Section 2 of Ordinance No. 5 ] ,Series of 2006, is hereby amended by the addition of a new
exemption to read as follows:
"The Community Development Director shall exempt from the provisions
of this moratorium building permit applications that replace, in whole or in
part, basement restaurant uses with more than one retail space with no
single retail space exceeding 750 square feet, and continue to have a
restaurant use."
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Ordinance No. 15, Series of 2008.
Page I
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. The City Clerk is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the offices of the Pitkin County Clerk and
Recorder.
Section 4:
A public hearing on this ordinance was held on the 27m day of May 2008, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the Rio Grande Meeting Room, 455 Rio
Grande Place, Aspen, Colorado, fifteen days prior to which hearing a public notice of the
same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12m day of May, 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of , 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Ordinance No. 15, Series of 2008.
Page 2
Page 1 of 2
~~~ti~~ ~
Chris Bendon
From: Peter Fornelf [p.fornell@comcast.netJ ~ "~""""~~~"` ~~~~~'`"~~
Sent: Wednesday, May 14, 2008 2:31 PM
To: Chris Bendon
Subject: 520 E. Cooper basement
Dear Chris,
Hope all is well. You requested that I give you an update on my progress and how exactly I
intend to occupy the units. I'll do my best to at this preliminary stage.
First my intention is to have a mix of different type uses. I believe that to have 5 distinctly
different reasons to come down the steps will lend itself to the success of all of the tenants.
Having one restaurant I also believe will drive the location for traffic for all the tenants.
As far as the spaces themselves are concerned, the restaurant space gets the most attention
from those who I know. My philosopy will be to sign on someone who will be contractually
required to be open a minimum number of days per year, the number I have in mind is 280
days. This allows the tenant to close on sundays and for approx. 30 days in the spring or fall.
In the event that they do not accomplish that, penalties would kick in on their lease. Since I
believe that it will be the highest traffic space, I need them open for the benefit of all. Right
now the leader is a partner in Matsuhisa who would like to open a noodle bar. They are
becoming quite popular and nothing like it exists currently. Items in the $7 - $14 range. (listed
as space 5 plus patio on the floor plan)
Second is the 700 sq. ft. space listed as space 1. I have a 20+ year long friend who has been
employed in the retail business for most all that time. She has contacts in the shoe industry
and is anxious to take that location and put herself in business there.
Space 2 will be a high profile space since it is all glass store front leading down the hall to the
restrooms. A good friend and part-time local owns an apple store in California. They are in the
business of selling everything Macintosh. Laptops, desktops, ipods, players, etc. They also
provide technical support but not repair. As I discuss this with friends and around town, this
sounds very popular.
As you can imagine that without approvals and pending the exemption my focus has been
more on those issues less on the tenants. My only concern for the other two spaces are that I
can find users that will compliment the ones I mention. Keep in mind that there are no binding
agreements with any of the spaces, just the best candidates from those who have approached
me to date. Hopefully this will answer some of the questions staff and council have, we can
review any aspect of the change of use you desire on the 27th.
Sincerely,
Peter
5/14/2008
~.,_:
+.-. =
x
s
1 ^TMt^`w
+h_.~~ry n__.
A
- _ a tP
- ^ 7 P~;~~
a ea da (V E:t4.
_ o r wa~ ®~ ~ ~ ~d~ ~ t Q a~~g~~
r Pm i ~ o~.
' / Filed fot record April 3, 1973 at 9:06 A,M.
R°ce ption No. 158616 Peggy E. Mik li ch, Recorder
rc
a~-
RECORD OF PROCEEDINGS 100 LEAV[f
RESOLUTION NO,
(Series of 19
WHEREAS, the streets in the Aspen commercial core area
were or igisally designed for horse-draw^ and pedestrian
traffic, and are becoming increasingly congested by modern
motor vehicular traffic; and
WfIEREA3, increasing numbers of residents of and visitors
to the City of Aspen have suggested that portions of these core
area streets be converted to pedestrian malls; and
WHEREAS, a comprehensive City of Aspen transportation
p lan recently prepared and submitted by a private planning
consultant recommends the creation of pedestrian malls in the
downtown area; and
WHEREAS, during ite 1970 session the Colorado General
Assembly determined that the creation of pedestrian malls in
order to separate pedeatr ion trafficfrom vehicular traffic
in retail shopping areas would serve to promote the public
health, safety and welfare in Colorado cities, and accordingly
d0I
enacted the "public Mall Act of 1970", §§139-89-1 et seq, of ~~~~'
the 1963 Colorado Revised Statutes, as amended, authorizing
the establishment of such pedestrian malls by the legislative
bodies of cities and towns (including home rule cities) pursuant
to the procedures set forth in the pct; and
WHEREAS, the Aspen City Council has determined that the
establishment of a pedestrian mall in the Aspen commercial
core area will ease motor vehicular traffic congestion end
reduce air pollution in such area, provide a more attractive
and relaxed shopping atmosphere, aid the economic prosperity
of Aspen by increasing the exposure of goods and services of
JLL;~a:} PAGL~t6
fa~V
RECORD OF PROCEEDINGS ioo mauves
local merchants, preserve the historic, cultural and natural
aspects of the town's heritage and environment, and generally
c reate safer and more healthful, productive, and aesthetically
and culturally pleasing surroundings in such area.
NOW, T1D;REFORE, BS IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
1. The Aspen City Council has determined and hereby
declares that the public interest and convenience of the Aspen
community require the establishment of a pedestrian mall, and
that vehicular traff is will not be unduly inc onve nie nced thereby.
2. The Aspen City Council hereby declares its intention to
establish a pedestrian mall in the City of Aspen, Colorado,
pursuant to the authority and procedures contained in the public
Mall Act of 1970, §§139-89-1 et seq. of the 1963 Colorado Revised
Statutes, as amended.
3. The following is a general description of those portions
of the public streets within the City of Aspen which are to be
established as a pedestrian mall•
(a) That section of Hyman Avenue from Mill Street
to Galena Street;
(b) That section of 6ooper Avenue from Mill Street
to Galena Street;
(c) That section of Mill Street from Hyman Avenue
to the northerly right-of-way line (as extended) of the
alley in Block 90;
(d) That section of Galena Street from Cooper
Avenue to the northeiiy right-of-way line (as extended)
of the alley in Block 90.
In addition, portions of the following-described street
and/or alley intersections will be established as "mall
intersections" and constitute part of the pedestrian mall,
-2-
RECORD OF PROCEEDINGS ioo ~uvee
The above-described pedestrian mall is graphically
depicted on the map attached hereto as Exhibit A and made
a part of this Resolution by this reference, and on the
larger versio¢ of such map on Pile in the of Pice of the Aspen
City Clerk.
4. It is the intention of the Aspen City Council to
adopt an ordinance prohibiting all vehicular traffic o¢ such
pedea tr ia^ mall except fire fighting equipme¢t, ambulances,
police vehicles, and other forms of emergency vehicles, and
with the possible Purther exception of service vehicular
traffic to the alley in Block 89 through the mailed portion
of Mill Street lying northerly of such alley,
5. In the event damages are actually allowed or awarded
to a¢y property owner by reason of the es tablie hment of the
pedestrian mall, such damages shall be paid at the time the
amount thereof is finally determined, whether by agreement
of the parties or by a court of competent ,jurisdiction, and
shall be payable out of the proceeds derived from the City of
Aspen Sales Tax which goes into effect July 1, 1973, or from
such other source or sources o£ funds available to the City as
the City Council may from time to time deem to be appropriate,
6. Following the establishment of the pedestrian mall,
improvements will be made from time to time to such mall.
It is anticipated that these impm vementa will be accomplished
either by City employees or by private contractors under agree-
me nt with the City, and that the same shall be paid for out of
the proceeds of the City of Aspen Sales Tax which goes into
effect July 1, 1973, 'or from such other source or sources of
funds available to the City as the City Council may from time
to time deem to be appropriate,
-4-
~Tf, d,
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Sara Adams, Preservation Planne
THRU: Chris Bendon, Community Development Director C
DATE OF MEMO: May 15, 2008
MEETING DATE: May 27, 2008
RE: 612 West Main Street, Establishment of Six (6) Transferable
Development Rights, Second Reading of Ordinance #12, Series
of 2008 (Parce12735-124-44-006)
REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of
six 250 square feet Transferable Development Right certificates (TDRs).
BACKGROUND:
• Lot History: The 6,000 square feet lot is
located in the Main Street Historic
District, zoned Mixed Use, and contains a
circa 1888 late Victorian style miner's
cabin that typifies the average residence
of a 19~' century Aspen citizen. Unlike
many Victorian era structures in town,
612 West Main is in its original location.
An historic shed straddles the property
line between 612 West Main and 604
West Main Streets.
• Previous actions: 612 West Main was designated a local
landmazk in 1985. A modest rear addition and side deck
were added to the residence in 1993. HPC adopted
Resolution Number 43, Series of 2007, which approved
the relocation of the historic shed entirely onto 612 West
Main Street.
G:\NEW G DRIVE FOLDERS_CITYIPLANNING\Land Use Cases\Cun•ent\Cun•ent HP
Cases\612 W Main Street\612WestMainTDRssecondreading.doc
Page 1 of 3
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 sepazate
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 azea
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 six (6) 250 squaze foot
TDR certificates, which equals a total of 1,500 square feet of unbuilt floor azea to be
severed from the property. The final remaining unbuilt floor azea on the property after
the severance of 1,500 squaze feet of floor azea will be 43 square feet. However, as a
local landmazk, the property is eligible for the 500 squaze feet floor azea bonus for
rehabilitation and good design. If the property is granted the floor area bonus, then the
total unbuilt floor azea on the property is 543.'
^ 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.
Table 1: Floor Area Analysis for 612 West Main Street:
Total allowable floor area for 6,000 sq. ft. lot 3,240 sq. ft. of allowable floor area
single family residence in MU zone district on the subject property
Existing floor azea at 612 West Main Street 1,697 sq. ft.
Available unbuilt floor area (3,240 -1,697) = 1,543 sq. ft, unbuilt floor
area
Sever 6 TDR certificates at 250 square feet (1,543 -1,500) = 43 sq. ft.
each (1,500 square feet total) 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 six 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 six TDR certificates."
PROPOSED MOTION: "I move to approve Ordinance #/a Series of 2008 upon Second
Reading."
~ The property owners are not applying for the floor area bonus at this time.
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Page 2 of 3
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -Review Criteria.
Exhibit B-Application.
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Page 3 of 3
ORDINANCE N0. 12
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING SIX (6)
HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATES IN 250
SQUARE FEET OF FLOOR AREA INCREMENTS FOR THE SENDING SITE
OF 612 WEST MAIN STREET, LOTS O AND P, BLOCK 24, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-124-44-006.
WHEREAS, the Community Development Department received an application
from 612 West LLC, managed by Neil Karbank, 604 West Main Street, Aspen, CO
81611 (hereinafter "the Applicant"), represented by Alan Richman Planning Services
P.O. Box 3613, Aspen CO, 81612, requesting the establishment of six (6) Historic
Transferable Development Right Certificates for the property located at 612 West Main
Street, Lot O and P, Block 24, City and Townsite of Aspen, Colorado; and,
WHEREAS, the subject property is located within the Main Street Historic
District Mixed Use (MU) zone district; and,
WHEREAS, 612 West Main Street, legally described as Lots O and P, Block 24,
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
Ri t.
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 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.
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
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 similaz 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 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.
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.
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,
WHERAS, the City of Aspen Zoning Officer confirms that at this time the
subject property has a total allowable FAR of 3,240 square feet fora 6,000 squaze foot
existing single family property in the Mixed Use zone district. A total of 1,543 square
feet of floor area remains unbuilt on the site. The property requests to establish six (6)
Historic TDR Certificates, worth 250 square feet each, which amounts to severing a total
of 1,500 square feet of floor area. A remainder of 43 square feet of unbuilt floor area will
remain on the property; and,
Ordinance No. ,Series 2008
Revised 5/15/2008
Page 2 of 5
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval, with conditions, of the
proposed establishment of six (6) Historic Transferable Development Rights; and,
WHEREAS, on April 14, 2008 the Aspen City Council approved Ordinance No.
12, Series 2008, on First Reading by a five to zero (5 - 0) vote, approving with conditions
the establishment of six (6) Historic Transferable Development Right Certificates for the
property located at 612 West Main Street, legally described as Lots O and P, Block 24,
City and Townsite of Aspen, Colorado; and,
WHEREAS, during a duly noticed public hearing on the 27~' of May, 2008, the
Aspen City Council approved Ordinance No. 12 Series 2008, by a to vote,
approving with conditions the establishment of six (6) Historic Transferable Development
Right Certificates for the property located at 612 West Main Street, Lots O and P, Block
24, 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
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 six (6) 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 I
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 six (6) Historic Transferable Development Rights
of 250 square feet of Floor Area each to the sending site located at 612 West Main Street,
Lots O and P, Block 24, 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 thereafter recorded in the office of the Pitkin
County Clerk and Recorder.
Ordinance No. ,Series 2008
Revised 5/15/2008
Page 3 of 5
2. Thereafter, upon satisfaction of all requirements contained therein, the City
and Applicant shall establish from time to time one or more dates on which
one or more of the respective Historic TDR Certificates shall be validated and
issued by the City and, for each such Historic TDR Certificate, a Deed
Restriction lessening the available development right of the Sending Site (612
West Main Street, Lots O and P, Block 24, City and Townsite of Aspen) by
one (1) Transferable Development Right of 250 sq. ft., shall be accepted by
the City and filed with the Pitkin County Clerk and Recorder (each such
transaction is a "TDR Issuance").
3. At each TDR Issuance, the Mayor of the City of Aspen shall execute and
deliver the requested applicable number of Historic TDR Certificates to the
Sending Site owner and the Sending Site owner shall execute and deliver a
corresponding Deed Restriction for each Historic TDR Certificate together
with the appropriate fee for recording the Deed Restriction in 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 27`h day of May, 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 6:
This ordinance shall become effective thirty (30) days following final passage.
[signatures on the Following page]
Ordinance No. ,Series 2008
Revised 5/15/2008
Page 4 of 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14s' day of April, 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _`" 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 5/15/2008
Page 5 of 5
Exhibit A
S¢Ct1on 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 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 Landmark Sites and Structures, and is located within the
Main Street Historic District.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding:
The subject property has a total allowable FAR of 3,240 squaze feet fora 6,000 squaze feet
existing single family property in the MU zone district. A total of 1,543 square feet of floor area
remains unbuilt on the site. The property requests to establish six (6) Historic TDR Certificates,
worth 250 square feet each, which amounts to severing a total of 1,500 square feet of floor azea.
A remainder of 43 square feet of unbuilt floor azea will remain on the property.
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 specifu nonconformity.
Staff Finding:
The establishment of six TDR certificates will not create or increase anon-conformity on the
property. An existing historic shed straddles the property line between 612 and 604 West Main
Street. As part of a separate land use application, HPC approved relocation of the historic shed
onto 612 West Main Street and granted setback variances for the new location.
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.
Exhibit A
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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 develonment:
The existing Victorian comprises 1,697 square feet of floor area out of an allowable floor azea of
3,240 square feet. The unbuilt floor azea existing on the site is 1,543 square feet. The applicant
requests to sever six TDRs, a total of 1,500 squaze feet of floor area, which will leave 43 squaze
feet of unbuilt floor area on the property.
Anal si~pnroved development:
Relocation of the historic shed onto 612 West Main Street has been approved by HPC. The
shed, which is to be used for storage, will not count towazd the floor area calculation on this
property.
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
Staff Finding: The property will not include any development order to develop floor azea
beyond that remaining legally connected to the property after the establishment of six TDR
certificates.
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.
Staff Finding:
The applicant clearly states an understanding of this standazd (f) in the application.
~ 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 Offue.
Staff Finding:
The application states that the requirements of section (g) are understood by the applicant.
Exhibit A
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Page 2 of 3
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 F[oorArea.
Staff Finding:
The application demonstrates an understanding of the requirements of section (h). The Zoning
Officer confirmed the existing FAR numbers reflected in the application.
Exhibit A
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Page 3 of 3
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February 5, 2008
Ms. Sara Adams, Historic Preservation Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: APPLICATION TO ESTABLISH TDR'S FOR 612 WEST MAIN STREET
Dear Sara,
Please consider this letter and the accompanying materials to be an application to
establish transferable development rights (TDB's) for the property located at 612 West
Main Street. The property is legally described as Lots O and P, Block 24, City and
Townsite of Aspen. It consists of approximately 6,000 sq. ft. of land that is zoned Mixed
Use (MU). The property is a designated Historic Landmark that is also located within the
Main Street Historic District. The property's Parcel ID # is 273512444006.
This application is being submitted by the owner of the property, 612 West LLC,
managed by Mr. Neil Karbank (hereinafter, "the applicant"). Proof of the ownership of the
property is provided by Exhibit #1, the General Warranty Deed and Title Insurance Policy.
Authorization for Alan Richman Planning Services to represent the owner for this
application is provided by Exhibit #2.
The owner and Iheld apre-application conference with you on December 20, 2007 to
discuss this project (see Exhibit #3, Pre-Application Conference Summary). Based on
this meeting, you confirmed that the following review procedures are required to
accomplish this project:
Transferable Development Rights, pursuant to Section 26.535 of the Land Use Code.
Following below are the applicant's responses to the applicable standards of the Aspen
Land Use Code for this review procedure.
Establishment of TDR's
The applicant proposes the establishment of six (6) Historic TDR Certificates for the
subject property. Section 26.535.070of the Land Use Code provides that a Historic TDR
Certificate may be established if the City Council finds that all of the following standards
have been met:
Ms. Sara Adams
February 5, 2008
Page Two
A. The sending site is a Historic Landmark on which the development of a single-
family or duplex 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 complies with this standard as follows:
The City's architectural inventory form for the subject property (see Exhibit #4)
states that 612 West Main Street was designated as a Historic Landmark by the
City Council pursuant to Ordinance 16, Series of 1985.
According to Section 26.710.180.D.2, a single-family residence and a duplex
residence are allowed uses on a historic landmark parcel of 6,000 sq. ft. in the
Mixed Use (MU) zone district.
8. 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: The applicant's architect has completed an existing buildout analysis for the
property, which is including as a drawing in this application booklet. It demonstrates that
the existing floor area of this property is 1,697 sq: ft. This is based on a calculation that
shows the main level contains 1,697 sq. ft. of floor area. There are no windows or
exposed walls in the basement, so it does not count as floor area. The deck does not
count as floor area since it is less than 15% of the allowed floor area on the property.
Finally, the storage shed, when it is relocated entirely onto this property, will not count as
floor area since there is no garage on the property, allowing the 175 sq. ft. shed to qualify
for the 250 sq. ft. garage/storage floor area exemption.
According to Section 26.710.180 D.10 of the Code, the allowable floor area for asingle-
family residence on a 6,000 sq. ft. lot is 3,240 sq. ft. The allowable floor area for a duplex
on a 6,000 sq. ft. lot is 3,600 sq. ft.
Therefore, the sending site has 1,543 sq. ft. of unbuilt development rights for asingle-
family home and 1,903 sq. ft. of unbuilt development rights for a duplex. At 250 sq. ft.
of floor area per each Historic TDRCertificate established, this translates into 6 TDR'sfor
the single-family residence or 7 TDR's for the duplex.
The staff has advised the applicant that because the existing development on the
property is asingle-family residence and not a duplex, the development rights analysis
must be based on the floor area of asingle-family unit (see staff interpretation, attached
as Exhibit #5). Therefore, the applicant requests that six (6) TDR's be established.
Ms. Sara Adams
February 5, 2008
Page Three
Response: The improvement survey shows that there is an existing nonconformity on
the property with respect to the setbacks for the shed. Today, the shed straddles the
property line between this property and the neighboring property at 604 West Main. As
part of a separate land use application for the neighboring property, HPC has approved
the relocation of this shed entirely onto 612 West Main Street and ar
setback variances fo locate the shedan the northeast corner of thc~snbject-prvperty:~
This nonconformity would not be increased or otherwise affected by the establishment
of TDR certificates for this property.
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: As described under sub-section B. above, the applicant has based the
analysis on the actual built development (a single-familyresidence) and the allowable floor
area prescribed by zoning for a single family residence, as required by this provision.
The potential for floor area bonuses, exemptions, and similar potential incentives has
been excluded from the analysis.
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.
Response: The applicant acknowledges this standard and agrees to comply with its
provisions.
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 TDRCertificates established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate
a square footage reduction from the allowable floor area, as maybe amended
from time to time. The Sending Site shall remain eligible for certain floor area
incentives and/or exemptions as maybe authorized by the City of Aspen Land Use
Code, as maybe amended from time to time. The form of the deed restriction
shall be acceptable to the City Attorney.
Response: The required Affidavit and Draft Deed Restriction are attached as Exhibits
#6 and #7, respectively.
Ms. Sara Adams
February 5, 2008
Page Four
G. Areal estate closing has been scheduled at which, upon satisfaction of all
relevant requirement, the City shall execute and deliver the applicable number of
Historic 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: The applicant will schedule a closing date following the establishment of the
Historic TDR Certificates by the City Council.
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 maybe required for the
confirmation of built floor area.
Response: A scaled drawing with dimensions representing the existing development
at 612 West Main Street is included in this application booklet.
I believe that the above responses and the attached exhibits and drawings provide all of
the information you need to bring this application before City Council. Please let me
know if there is anything else you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
~~
Alan Richman, AICP
EXHIBITS
c~~ X00 ~'-°
EXHIBIT #1
CfTY OF ,'t.SPEIV LITY OF ASPEN
~P1Pia fT P.RID ~~ PAIp
DATE REP NO, DATE REP NO.
2/~~~~ ~ 2 ~~~y ~~/~~ ~ 2 ~~6~
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED, effective as of January~a~ 2007, is by and
between WILLIAM A. LEVIN, the Grantor, and 612 WEST LLC, a Colorado limited liability
company, whose legal address is 604 West Main Street, Aspen, CO 81611, the Grantee.
WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars
($10.00} and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bazgained, sold and conveyed, and by these presents does
grant, bazgain, sell, convey and confirm, unto the Grantee and Grantee's successors,
administrators and assigns forever, all the real property together with improvements, if any,
situate, lying and being in the County of Pitkin and State of Colorado described as follows:
LOTS O AND P,
BLOCK 24,
~' CITY AND TOWNSITE OF ASPEN
~ Less the strip of land 0.27 feet wide and 44.6 feet in length along the Western Boundary
of Lot 0, Block 24, City and Townsite of Aspen, Pitkin County, as conveyed by Quit
Claim Deed recorded July 13, 1995 in Book 787 at Page 56.
`~ TOGETHER with all and singular the hereditaments and appurtenances thereto
~" belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee and Grantee's successors, administrators and assigns forever.
And the Grantor, for Grantor and Grantor's heirs, personal representatives and assigns, does
covenant, grant, bargain, and agree to and with the Grantee and Grantee's successors,
administrators and assigns, that at the time of the ensealing and delivery of these presents,
Grantor is well seized of the premises above conveyed, has good, swe, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that
® the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
m assessments, encumbrances and restrictions of whatever kind or nature soever, except as set forth
,° in Exhibit "A" attached hereto.
~-.
V The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
o premises in the quiet and peaceable possession of the Grantee and Grantee's successors,
administrators and assigns, against all and every person or persons lawfully claiming the whole
Q or any part thereof.
7w
~° The singular number shall include the plural, the plural the singular, and the use of any
t,"'y, gender shall be applicable to all genders.
,~~ Return to:
NEIL KARBANK
MANSON & KARBANK
604 W. MAIN ST.
ASPEN, CO 81811
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SCHEDULE A-OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT21047L3 February 8, 2007 @ 12:43 PM A75-2089762
1. NAME OF INSURED:
612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
LOTS O AND P,
BLOCK 24,
CITY AND TOW NSITE OF ASPEN
Less the strip of land 0.27 feet wide and 44.6 feet in length along the Western Boundary of Lot O, Block 24,
City and Townsite of Aspen, Pitkin County, as conveyed by Quit Claim Deed recorded July 13, 1995 in
Book 787 at Page 56.
Countersigned:
Authorized officer or agent
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 926-1766/(970)-9256527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WRH THE PREPRINTED NUMBER ON THE COVER SHEET.
SCHEDULE B-OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT21047L3 February 8, 2007 @ 12:43 PM A75-2089762
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
6. Taxes for the year 2007 not yet due or payable.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 547
providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any
valid mining claim or possession held under existing laws".
8. Perpetual easement as set forth in deed recorded April 10, 1979 in Book 366 at Page 291.
9. Subdivision Exemption as set forth in instrument recorded March 23, 1979 in Book 365 at Page 289.
10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic
Preservation Committee recorded August 2, 1991 in Book 653 at Page 71 as Resolution No. No. 6 (Series of
1991).
11. Terms, conditions, provisions and obligations as set forth in Agreement recorded July 13, 1995 as Reception No.
363339.
12. Deed of Trust from :612 WEST LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of :WELLS FARGO BANK, NATIONAL ASSOCIATION
Original Amount : $3,450,000.00
Dated :February 8, 2007
Recorded :February 8, 2007
Reception No. :534265
EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY DELETED
EXHIBIT #2
Ms. Sara Adams, Historic Preservation Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ESTABLISHMENT OF HISTORIC TDR CERTIFICATES
FOR 612 WEST MAIN STREET
Dear Sara,
I hereby authorize Alan Richman Planning Services to act as the designated
representative for 612 West LLC with respect to the land use application being submitted
to your office for property owned by 612 West LLC and located at 612 West Main Street.
Alan Richman is authorized to submit an application to establish Historic TDR Certificates
for this property. He is also authorized to represent such entity in meetings with City staff
and the City's review bodies.
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the development application.
Sincerely,
612 WEST LLC
By. ~ l n--~-~
Neil D. Karbank, Manager
604 West Main Street
Aspen, Colorado 81611
920-2899
EXHIBIT #3
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams, (970) 429-2778 DATE: 1.8.08
PROJECT: 612 West Main Street, mixed use zone district
REPRESENTATIVE: Alan Richman, land planner
(970)920.1125
arichman@sopris.net
TYPE OF APPLICATION: Establish Transferrable Development Rights at 612 West Main Street
DESCRIPTION: 612 West Main Street is listed on the Aspen Inventory of Historic Landmark Sites and Structures,
located in the Main Street Historic District, and is used as a single family residence. The property
owner is interested in establishing transferrable development rights (TDRs). Each certificate equals
250 square feet of floor area and is indivisible. The maximum floor area allowed for the lot, which is
located in the Mixed Use zone district, is calculated based on 100% of the R-6 calculation for a lot of
the same size.
Once TDRs are approved and severed from the property through a reconled deed restriction, the
allowable floor area for the property is restricted to that of a single family residence in the muted use
zone district. A change in use is permitted, as long as ft conforms to the requirements of the zone
district; however, the maximum allowable floor area is calculated based on a single family residence
minus the severed TDRs regardless of the use.
PROCESS: City Council has the sole authority to grant approval to establish TDRs. Based on a recommendation
from the Community Development Department, the City Council shall approve or disapprove the
establishment of a Historic TDR certificate by adoption of an Ordinance. The Ordinance shall be
introduced during first reading and a public hearing shall follow during second reading.
Land Use Code Section(s) 26.304 Common Development Review Procedures
26.535 Transferrable Development Rights
26.710.180 Mixed Use Zone District
Review by: City Council
Public Hearing: City Council second reading (only publication is required for TDR establishment)
Referral Agencies: none
Planning Fees: $1,470.
Referral Agency Fees: none
Total Deposit: $1,470.
To apply, submit the following information:
1. Proof of ownership with payment.
2. Signed fee agreement (all applications)
3. Completed City of Aspen application form (all applications).
4. 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.
5. 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.
6. Total deposit for review of the application.
7. ie. 8 Copies of the complete application packet and maps.
HPC =12; PZ =10; GMC = PZ+5; CC = 7; Referral Agencies =1/ea.; Planning Staff = 1
8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen.
9. 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.)
10. A written response addressing the review criteria listed in Section 26.535.080 of the Land Use Code.
11. A notarized affidavit from the Sending Site property as stated in Section 26.535.090(2)
12. Dimensioned, scaled drawings of the existing development on the Sending Site and a Floor Area analysis of all structures
thereon.
13. A proposed deed restriction for the Sending Site
14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk
(CD). Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to
change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right.
EXHIBIT #4
OAHP7403
Rev. 9/98
COLORADO CULTURAL RESOURCE SURVEY
Architectural Inventory Form
(Page 1 of 4)
I. IDENTIFICATION
1. Resource number:.
2. Temporary resource number:
3. County:
4. City:
5. Historic building name:
6. Current building name:
7. Building address:
114.
612.WMA
Official eligibility determination
(OAHP use only)
Date Initials
Determined Eligible- NR
Determined Not Eligible- NR
Determined Eligible- SR
Determined Not. Eligible- SR
Need Data
Contributes to eligible NR District
Noncontributing to eligible NR District
Main Street Aspen Colorado 81611
8. Owner name and address: William A Levin Rev Living Trust 1 Penn Plaza Ste 725 NY NY
10119-0799
II. Geographic Information
9. P.M. 6 Township 10 South Range 84 West
G of Got G of G of Section
10. UTM reference
Zone 1 3 3 4 mE 4 3 3 mN
11. USGS quad name: Aspen Quadrangle
Year: 1960, Photo Rev. 1987 Map scale: 7.5' X 15' Attach photo copy of appropriate map
section.
12. Lot(s): Lots 0&P Block: 24
Addition: Year of Addition:
13. Boundary Description and Justification: Site is comprised of Lots O&P, Block 24 of the City and
Townsite of Aspen. Assessors office Record Number 2 73 51 2444006.
This description was chosen as the most specific and customary description of the site.
111. Architectural Description
14. Building plan (footprint, shape) Rectangular Plan
75. Dimensions in feet: Length x Width
16. Number of stories:
17. Primary external wall materialls) (enter no more than two): Wood, Horizontal siding
18. Roof configuration: (enter no more than one): Gabled Roof
19. Primary external roof material (enter no more than onel:Asphalt Shingles
Resource Number: 5PT.114.30
Temporary Resource Number: 612.WMA
Architecturallnventory Form
(Page 2 of 4)
20. Special features (enter all that apply): Decorative shingles Porch
21. General architectural description: Victorian era miner's cottage with gable end to the street and full
width porch Porch supported by turned posts and decorative corbels. Two pairs of double hung
windows under porch and decorative front door with transom Elaborate vergeboard trim in gable end.
Double hung windows along sides of house Addition at rear and new deck on east side. Two bay
windows on east side.
22. Architectural style/building type: Late Victorian
23. Landscaping or special setting features• One large cottonwood street tree. One large lilac shrub at
entry Stone steppers to front entry could be original
24. Associated buildings, features, or objects: Shed along alley
IV. Architectural History
25. Date of Construction: Estimate 1888 Actual
Source of information: 1991 Inventory form
26. Architect:
Source of information:
27. Builder/Contractor:
Source of information:
28. Original owner:
Source of information:
29. Construction history (include description and dates of major additions, alterations, or demolitionsl:
Exterior was covered for some time with asbestos shingle siding which has been removed and original
clapboards restored at least on front of structure Addition and new deck completed in 1993.
Windows replaced
30. Original location X Moved _ Date of move(s):
V. Historical Associations
31. Original use(s):
32. Intermediate use(sl:
33. Current use(s):
34. Site type(s): Office/Residential District
35. Historical background: No information available.
36. Sources of information: Pitkin County Courthouse records• Sanborn and Sons Insurance Maps; 1990
and 1980 City of Aspen Survey of Historic Sites and Structures
Resource Number: 5PT.114.30
Temporary Resource Number: 612.WMA
Architecturallnventory Form
(Page 3 of 4)
VI. Significance
37. Local landmark designation: Yes X No Date of designation: Ord. 16, 1985
Designating authority: Aspen City Council
38. Applicable National Register Criteria:
A. Associated with events that have made a significant contribution to the broad pattern of our
history;
_ B. Associated with the lives of persons significant in our past;
X C. Embodies the distinctive characteristics of a type, period, or method of construction, or
represents the work of a master, or that possess high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction; or
_ D. Has yielded, or may be likely to yield, information important in history or prehistory.
Qualifies under Criteria Consideraticns A through G ;see ""anua!;
Does not meet any of the above National Register criteria
39. Areals) of significance: Architecture
40. Period of significance: Late 1800's Silver Mining Era
41. Level of significance: National State Local X
42. Statement of significance: This house is representative of the family/home environment of the average
citizen in Aspen during the silver mining era.
43. Assessment of historic physical integrity related to significance: In general, the addition does not
compromise character, although the deck is a somewhat intrusive feature, and is visible from the street.
Some loss of original materials.
VII. National Register Eligibility Assessment
44. National Register eligibility field assessment:
Eligible X Not Eligible _ Need Data
45. Is there National Register district potential? Yes X No
Discuss: Lies within a locally designated historic district.
If there is National Register district potential, is this building: Contributing X Noncontributing
46. If the building is in existing National Register district, is it: Contributing Noncontributing
VIII. Recording Information
47. Photograph numbers: R12, F9-10 Negatives filed at: Aspen/Pitkin Community Development Dept.
48. Report title: City of Aspen 2000 Update of Survey of Historic Sites and Structures
49. Date(s): 8/2000. 50. Recorder(s): Suzannah Reid and Patrick Duffield
Resource Number: 5PT.114.30
Temporary Resource Number: 612.WMA
Architecturallnventory Form
(Page 4 of 4)
51. Organization: Reid Architects
52. Address: 412 North Mill Street PO Box 1303 Aspen CO 81612
53. Phone numberlsl: 970 920 9225
NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and
photographs.
Colorado Historical Society -Office of Archaeology & Historic Preservation
1300 Broadway, Denver, CO 80203 (303) 866-3395
HISTORIC ARCHITECTURAL BIIILDING/STRUCTURE FORM
State Site Number: Local Site Number: 612.WM
Photo Information: ASP-A-35 & 36
Township 10 South Range 85 West Section 12
USGS Quad Name Aspen Year 1960 X 7.5' 15'
Building or Structure Name: 612 West Main House
Full Street Address: 612 West Main
Legal Description: Lots P & O, Block 24
City and Townsite of Aspen
City Aspen County Pitkin
Historic District or Neighborhood Name: Main Street Historic District
Owner: Private/State/Federal Private
Owner's Mailing Address:
ARCHITECTURAL DESCRIPTION
Building Type: Residence
Architectural Style: Victorian
Dimensions: L: x W: = Square Feet:
Number of Stories: 1
Building Plan (Footprint, Shape): Simple Rectangle
Landsliaping Gr Speczal Sett llllj Featl.lr e5: 1YGne
Associated Buildings, Features or Objects - Describe Material and
Function (map number / name): Single cable with"vertical wood siding;
approximately 150 square foot livestock shed
For the following categories include materials, techniques and styles in
the description as appropriate:
Roof: Single cable, roll asphalt; shed in rear (north)
Walls: Asbestos Shingles
Foundation / Basement: Unknown
Chimney(s): 1 at center, stucco over brick; 1 at northeast corner,
stucco over brick
Windows: Paired one-over-one double-hung on front with decorative
lintel; single one-over-one double-hung typical elsewhere
Doors: Transom: over decorative divided lite over wood panel
Porches: Full-width shed roof supported by turned posts and decorative
General Architectural Description: Victorian clapboard with detailed
wood sawn verge board and brackets on porch. The architectural
Page 2 of 2
FIINCTION
Current Use:
Original Use:
Intermediate Use:
State Site Number
Local Site Number 612.WM
Residential
Residential
ARCHITECTURAL HISTORY
Architect: Unknown
Builder: Unknown
Construction Date: 1888
_ Actual X Estimate _ Assessor
Based On: 1980 research/unrecorded
MODIFICATIONS AND/OR ADDITIONS
Minor Moderate X Major Moved Date
Describe Modifications and Date: Asbestos shingle siding has
replaced original (date unknown)
and Date:
NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA
Is listed on National Register; State Register
_ Is eligible for National Register; State Register
Meets National Register Criteria: A _ B _ C _ D _ E
Man
-•~-r
R~ Local Rating and Landmark Designation
- ; Significant: Listed on or is eligible for National Register
~ Contributing: Resource has maintained historic or
architectural integrity.
O Supporting: Original integrity lost due to alterations,
however, is "retrievable" with substantial effort.
Locally Designated Landmark
Justify Assessment:
Associated Contexts and Historical Information:
Other Recording Information
Specific References to the Structure/Building: Pitkin County Court-
house Records• Sanborn and Sons Insurance Maps
Archaeological Potential: (Y or N) Justify:
Recorded By: Date: March 1991
Affiliation: Aspen Historic Preservation Committee - City of Aspen
Project Manager: Roxanne Eflin Historic Preservation Officer/Planner
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EXHIBIT #5
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTION: 26.535.070.D Review Criteria for
Establishment of a Historic
Transferrable Development Right
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY: VY`t,""~-~
Date: (.23.~
January 22, 2008
Saza Adams,
Preservation Planner
Chris Bendon,
Community Development Director
COPIES TO: City Attorney
City Planning Staff
SUMMARY
This Land Use Code interpretation is being issued in response to inquiries that staff received
regarding the analysis of unbuilt development rights on a property intending to sever
transferable development rights (TDRs). The request is filed by the Community Development
Director. Neil Karbank represented by Alan Richman, is party to the interpretation and has the
right to appeal this interpretation, as outlined below.
BACKGROUND
Properties listed on the Aspen Inventory of Historic Landmazk Sites and Structures with a
minimum of 250 square feet of unbuilt floor area (FAR) can apply to establish TDRs. TDR
certificates are issued in increments of 250 square feet each; and the FAR is severed from the
historic landmazk through a recorded deed restriction. An analysis of the maximum FAR for the
lot, as dictated by zoning, and the existing floor area on the subject property produces the
amount of unbuilt FAR, and in rum, the number of TDRs that can be severed from the property.
The TDR program focuses on removing development rights from single family and duplex
historic landmark residences.
PURPOSE
The purpose of this Code interpretation is to clazify how unbuilt development rights on a
property applying to sever TDRs are calculated.
DISCUSSION
Staff relied on the following parts of Section 26.535.070 of the Land Use Code "Review Criteria
for Establishment of a Historic Transferrable Development Right" to render this interpretation,
emphasis added:
Section 26.535.070.B
either a single family or duplex home. equaling of exceeding two-hundred and fifty
square feet of Floor Area multiplied by the number of Historic TDR Certificates
requested.
Section 26.535.070.0
/t is demonstrated that the establishment o~ TDR Certificates will not create a
nonconformity._ In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Section 26.535.070.D
The ~analvsis o~unbuilt development rights shall only include the actual built
development anv approved development order the allowable development r:Qht
prescribed by zonine and shall not include the potential for the Sending Site to gam
Floor Area bonuses, exemptions, or similar potential development incentives.
Section 26.535.070.E
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 from time to
time. The form of the deed restriction shall be acceptable to the City Attorney.
Both Criteria B and F refer to the applicability of TDRs exclusively to single family or duplex
uses. According to Criterion F, once a TDR is severed the property is restricted to the allowable
FAR for a single family or duplex. Criterion C requires that the establishment of TDRs will not
create a nonconformity. The crux of this interpretation is the analysis of unbuilt development
rights, which is described in Criterion D.
There are three parts to the analysis in Criterion D: the existing (built) development, an
approved development order, and the allowable FAR as indicated by zoning. The analysis of
unbuilt or allowable development rights on a property relies on the FAR schedule in the
applicable zone district. The existing use of the property (i.e. single family or duplex) dictates
the unbuilt FAR calculation, not the potential permitted use for the property. Furthermore, an
existing single family home that assumes the allowable FAR for a duplex use establishes a
nonconforming unbuilt FAR on the property before the TDR is severed, which fails to meet
Criterion C. The analysis of built development rights on a property aze calculated based on
either the existing built development or an approved development order. In conclusion, the
calculation for Criterion D is (allowable FAR for existing use -built FAR) =unbuilt
development rights. Following are two examples:
1) The analysis of unbuilt FAR fora 9,000 squaze foot lot with a designated single family
-andmazk in the R-6 zone district is calculated based on the actual single family use of the
property, not the potential use of the property as a duplex. The analysis of built FAR is
calculated based on the existing development.
2) The analysis of unbuilt FAR fora 9,000 squaze foot tot with a designated single family
landmazk in the R-6 zone district with an approved development order to construct a duplex is
calculated as a duplex residence. Concurrently, the analysis of built development rights on a
property is calculated based on the approved development order.
INTERPRETATION
The analysis of unbuilt development rights relies on the existing use of a property or an
approved development order, not the maximum potential allowable floor area For a property.
An existing single family home applying to establish TDRs calculates the allowable
development on the property according to the single family use. This calculation is not based on
the potential of the property to create a duplex in the future, and does not permit the single
family use capitalize on the allowable FAR for a duplex.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director, an
applicant has the ability to appeal this decision to the Aspen City Council. This can be done in
conjunction with a land use request before City Council or as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an appeal
by filing a notice of appeal on a forth prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) days of the
date of the decision or determination being appealed. Failure to file such notice of appeal within
the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
EXHIBIT #6
AFFIDAVIT
I, Neil Karbank, Manager of 612 West LLC, hereby acknowledge the following regarding
the establishment of a Historic TDR Certificate on my property at 612 West Main Street in
Aspen, Colorado:
1. A deed restriction will permanently encumber the Sending Site (612 West Main
Street) and restrict that property's development rights to below that allowed by
zoning according to the number of Historic TDR Certificates established and
transferred from that Sending Site.
2. For each Historic TDR Certificate issued by the City for the Sending Site (612
West Main Street) that property shall be allowed two hundred-fifty (250) square
feet less of floor area, as permitted according to the property's zoning, as
amended.
3. I, as the Sending Site property owner, shall have no authority over the manner in
which the Historic TDR Certificate is used by the subsequent owners of the
Historic TDR Certificate.
I hereby signify acknowledgement of all of the above.
612 WEST LLC
,.,
By: Neil D. Karbank, Manager
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 29th day of January, 2008 by
Neil D. Karbank, as Manager of 612 West LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
r~
- 2 r.~
i
Notary Public
MILLARD J.
ZIMET
~'~` Gor!urtissio! Fxpues 09/25/2001
EXHIBIT #7
AGREEMENT FOR ESTABLISHMENT OF
HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS
PURSUANT TO ASPEN CITY COUNCIL
ORDINANCE # .SERIES OF 2008
THIS AGREEMENT is made and entered into this day of , 2008,
by and between 612 WEST LLC, a Colorado limited liability company ("Owner"), whose
address is 604 West Main Street, Aspen, CO 81611; and THE CITY OF ASPEN, a body
politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State
of Colorado, acting through its City Council, (the "City");
W-I-T-N-E-S-S-E-T-H:
WHEREAS, Owner owns real.property more specifically described as
- Lots O and P, Block 24, CITY AND TOWNSITE OF ASPEN, Parcel ID#
273512444006, Pitkin County, Colorado-
also known as 612 West Main Street, Aspen, (the "Sending Site"), which is designated as
a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and
WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with
Section 26.535.040 of the City Code, and supplied the necessary application materials
identified in Section 26.535.090 showing compliance with the criteria set forth in Section
26.535.070 of the City Code; and
WHEREAS, the City's Community Development Department has reviewed
Owner's application according to the review standards identified in 26.535.070 of the City
Code, and has recommended approval of the application and the establishment of six (6)
Historic TDR Certificates (each a "TDR Certificate") as set forth herein; and
WHEREAS, City Ordinance No._, Series of 2008 dated , 2008 (the
"Ordinance"), approves the establishment of such six (6) TDR Certificates, and requires
that a Deed Restriction be recorded in real property records of Pitkin County, Colorado,
designating the Sending Site as a Sending Site and permanently restricting the
development of the Sending Site to an allowable Floor Area not exceeding the allowance
for asingle-family residence (or a duplex, if the Owner shall at a later date receive
approval to remodel the existing single-family residence into a duplex) minus two hundred
and fifty (250) square feet of Floor Area multiplied by the number of TDR Certificates
which are both established pursuant to this Agreement and then severed from the
Sending Site; and
WHEREAS, in consideration of the establishment of six (6) TDR Certificates
pursuant to the Ordinance and City Code, Owner agrees to restrict the Sending Site as
set forth herein; and
6/2 West Main TDR Agreement 2-6-OS m&k
WHEREAS, the Ordinance allows for the establishment of six (6) TDR Certificates
and at such time that Owner wishes to create one (1) or more TDR Cert~cates from the
six (6) initially available, Owner shall record a deed restriction (the "Deed Restriction")
substantially in the form annexed hereto as Exhibit "A"; and
WHEREAS, each Deed Restriction shall result in a reduction, on the Sending Site,
of allowable floor area of two hundred fifty (250) square feet, and Owner shall be entitled
to subsequently establish additional TDR Certificates by filing subsequent Deed
Restrictions for an additional reduction of allowable floor area of two hundred fifty (250)
square feet each; provided, however, that the aggregate number of TDR Certificates and
Deed Restrictions created shall not exceed the six (6) created pursuant to the Ordinance
and this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein, Owner and the City hereby covenant and agree as follows:
1. Development of the Sending Site is hereby permanently restricted
to (a) an allowable Floor Area not exceeding the allowance for a
single-family residence (or that Floor Area allowed for a duplex, if
the Owner shall at a later date receive approval to remodel the
existing single-family residence into a duplex) as otherwise
permitted by the City Code on the Sending Site, minus (b) two
hundred fifty (250) square feet of Floor Area for each one (1) TDR
Certificate hereby established and then utilized by Owner as
evidenced by the recordation, against the Sending Site, of a Deed
Restriction. Each recorded Deed Restriction shall reference this
Agreement.
2. In consideration of the foregoing, and pursuant to the City Code and
the Ordinance, the City shall, at any time and upon Owner's request
therefor, cause the issuance of one (1) TDR Certificate, executed
by the Mayor, allowing the development of an additional two
hundred fifty (250) square feet of Floor Area on a Receiver Site to
be determined pursuant to the City Code. Each such TDR
Certificate may be sold, assigned, transferred, or conveyed,
provided, however, that no Historic TDR Certificate shall be
effective until a Deed Restriction, referencing such Historic TDR
Certificate, shall have been recorded against the Sending Site.
3. Transfer of title shall be evidenced by an assignment of ownership
on the actual TDR Certificate itself. Upon transfer, the TDR
Certificate's new owner may request that the City re-issue the TDR
Certificate acknowledging the new owner thereof. Reissuance shall
not require adoption of a new ordinance. The market for such TDR
2
Certificate shall remain unrestricted and the City shall not prescribe
or guarantee the monetary value of any TDR Certificate.
4. No Deed Restriction shall be construed to stipulate an absolute
Floor Area on the Sending Site, but only a square footage reduction
from the applicable allowable Floor Area, as that allowable Floor
Area may be amended from time to time.
5. The Sending Site shall remain eligible for Floor Area incentives,
bonuses and/or exemptions as may be authorized by the City Code,
as it may be amended from time to time.
6. This Agreement may be modified only in a writing signed by both
the Owner and the City.
Unless modified as stated above, this Agreement shall constitute a
covenant running with the Sending Site as a burden thereon for the
benefit of, and shall be specifically enforceable by, the City Council
of the City of Aspen by any appropriate legal action including, but
not limited to, injunction or abatement.
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the
date and year above first written.
OWNER: 612 WEST LLC
sy:
Neil D. Karbank, Manager
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2008, by Neil D. Karbank, in his capacity as Manager of 612 West LLC, a
Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
APPROVAL OF CITY ATTORNEY
By:
John P. Worcester, City Attorney
THE CITY OF ASPEN, COLORADO
a body politic and corporate pursuant to
its Home-Rule Charter and the Constitution of the State of Colorado
By:
Michael C. Ireland, Mayor
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Date:
The foregoing instrument was acknowledged before me this
200_, by
Witness my hand and official seal.
My commission expires:
Notary Public
day of
4
EXHIBIT A
HISTORIC TRANSFERABLE DEVELOPMENT RIGHT DEED RESTRICTION
THIS DEED RESTRICTION is established this _ day of 2008 (this
"Deed Restriction"), by THE CITY OF ASPEN, a body politic and corporate pursuant to its
Home-Rule Charter and the Constitution of the State of Colorado, acting through its City
Council, (the "City"), at the request of 612 WEST LLC, a Colorado limited liability
company ("Owner"), whose address is 604 West Main Street, Aspen, CO 81611,
W-I-T-N-E-S-S-E-T-H:
WHEREAS, pursuant to the City's Ordinance No._, Series of 2008, dated
2008 (the "Ordinance"), the City approved the establishment of six (6)
Historic Transferable Development Right Certificates (each a "TDR Certificate") and
accompanying deed restrictions to be recorded against certain real property owned by
Owner and legally described as:
- Lots O and P, Block 24, CITY AND TOWNSITE OF ASPEN, Parcel ID#
273512444006, Pitkin County, Colorado -
also known as 612 West Main Street, Aspen, (the "Sending Site"), which is designated as
a Historic Site, as such are defined in the City of Aspen Land Use Code ("City Code"); and
WHEREAS, Owner and the City entered into that certain Agreement for
Establishment of Historic Transferable Development Rights Pursuant to Aspen City
Council Ordinance #_, Series of 2008, dated _, 2008 (the "TDR Agreement") and
recorded in the real estate records of Pitkin County, Colorado on _, 2008 as Reception
# ,and the TDR Agreement sets forth the procedures for, and effects on floor
area of the Sending Site (as defined in the TDR Agreement, "Floor Area"), of issuing TDR
Certificates and for the recordation of a deed restriction, evidencing each TDR Certificate,
against the Sending Site; and
WHEREAS, pursuant to the TDR Agreement, Owner has requested that the City
issue a TDR Certificate, and pursuant to the TDR Agreement, the City will issue a TDR
Certificate only upon recordation, against the Sending Site, of this Deed Restriction; and
WHEREAS, on and as of the date hereof, the City has issued to Owner a TDR
Certificate.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained in the TDR Agreement and in this Deed Restriction, Owner and the City hereby
covenant and agree as follows:
612 West Main deed restriction 2-6-08 m&k
Development of the Sending Site is hereby permanently restricted
to (a) an allowable Floor Area not exceeding the allowance for a
single-family residence (or that Floor Area allowed for a duplex, if
the Owner shall at a later date receive approval to remodel the
existing single-family residence into a duplex) as otherwise
permitted by the City Code on the Sending Site, minus (b) two
hundred fifty (250) square feet of Floor Area.
2. This Deed Restriction shall not be construed to stipulate an
absolute Floor Area on the Sending Site, but only a square footage
reduction, of two hundred fifty (250) square feet, from the applicable
allowable Floor Area, as that allowable Floor Area may be amended
from time to time.
3. The Sending Site shall remain eligible for Floor- Area incentives,
bonuses and/or exemptions as may be authorized by the City Code,
as it may be amended from time to time.
4. This Deed Restriction may be modified only in a writing signed by
both the City and the then-owner of the Sending Site. Unless so
modified, this Deed Restriction shall constitute a covenant running
with the Sending Site as a burden thereon for the benefit of, and
shall be specifically enforceable by, the City Council of the City of
Aspen by any appropriate legal action including, but not limited to,
injunction or abatement.
IN WITNESS HEREOF, the parties hereto have executed this Deed Restriction as
of the date and year above first written.
OWNER: 612 WEST LLC
By:
Neil D. Karbank, Manager
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2008, by Neil D. Karbank, in his capacity as Manager of 612 West LLC,
Colorado limited liability company.
Witness my hand and official seal. My commission expires:
Notary Public
APPROVAL OF CITY ATTORNEY
By:
John P. Worcester, City Attorney
THE CITY OF ASPEN, COLORADO
a body politic and corporate pursuant to
its Home-Rule Charter and the Constitution of the State of Colorado
By:
Michael C. Ireland, Mayor
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Date:
The foregoing instrument was acknowledged before me this
200_, by
Witness my hand and official seal.
My commission expires:
Notary Public
day of
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MEMORANDUM
TO:
FROM:
THROUGH:
Mayor Ireland and Aspen City Council
Ben Gagnon, Special Projects Planner ~,~~,~
Chris Bendon, Director, Community Development C~rIYV 1
DATE OF MEMO: May 19, 2008
MEETING DATE: May 27, 2008
RE: Determination of CdOWOP Review Eligibility -Public Hearing
Resolution No. ~, Series of 2008
Initiation of Zupancis-Galena Master Plan -Public Hearing
Resolution No.3 Series of 2008
SUMMARY:
The Zupancis-Galena (ZG) Partnership includes the City of Aspen, Pitkin County, the
Pitkin County Library, the Aspen Chamber Resort Association and the Art Museum.
In response to discussions with Council on May 6, the ZG Partnership has submitted a
request to be determined eligible for the City's Convenience and Welfaze of the
Public (COWOP) review process, and in the alternative a request to initiate a land use
review process to develop the Zupancis-Galena Master Plan. The intent is to develop
a unified and comprehensive approach to the future development of public land in the
Zupancis-Galena area, which encompasses property held by the City of Aspen, Pitkin
County and the Pitkin County Library.
The ZG Partnership has been engaged in an informal public process since Mazch
2007. The intent of this year-long process was based on the concept that engaging in
community outreach as part of an informal process allows for educational efforts and
public feedback to proceed in a relatively relaxed atmosphere. During this informal
process, the ZG Master Plan was always referred to as "A Work in Progress ..."
In March 2007, a two day public charrette generated four diffferent concepts for a site
plan. More than 35 people attended this charrette process and a "thumbs" exercise
was held to conclude this session, providing important feedback to the ZG Partnership
as it proceeded to draft a site plan in subsequent weeks.
In August 2007, approximately 55 people attended a public meeting to provide
feedback for the at-grade site plan, focusing on open space, pedestrian movement and
broad azchitectural concepts. In November 2007, approximately 75 people attended a
public meeting to hear each party make a 10-minute presentation on their space needs,
and why they believe their group or organization should be located at the ZG Site.
On March 12, 2008, approximately 160 people attended a public meeting to provide
feedback on a 3-D site plan, including open space and pedestrian routes as well as the
location, mass, scale and height of buildings.
ROLE OF THE CIVIC MASTER PLAN
The Zupancis-Galena Site is located directly between the dense, grid-style downtown
and the open park and river con•idor. Because of its location, the entire ZG site should
shaze a common characteristic as a transitional site between the dense downtown and
the open pazk and river azea. The prudent way to insure this transitional character
throughout the site is through a master plan rather than a piecemeal approach.
In a larger context, the ZG Master Plan is based on the Core Principles, findings and
recommendations of the Civic Master Plan, which was intended to guide the future
use of public lands, and focused heavily on the ZG Site. Adopted by City Council in
December 2006, the Civic Master Plan sought to "implement goals and principles at
many sites around the Civic Core (in order) to realize a cascading series of seemingly
small steps that add up to great strides."
The Civic Master Plan explicitly intended that its 8 Core Principles be applied well
afrer the Civic Master Plan's adoption in 2006: "(The Civic Master Plan) is intended
to be a living and working document, continuing to provide context for informed
decision-making in the future." (p. 3) Furthermore, the Civic Master Plan's adoption
requires that any land use application focusing on the properties within the plan
demonstrate consistency with the recommendations in the Civic Master Plan.
Many of the findings and the recommendations -and the 8 Core Principles -- of the
Civic Master Plan aze reflected to varying degrees in the current drafr version of the
ZG Master Plan, as it has emerged from the informal public process during the last
year. The ZG Master Plan could provide:
/ both new and enhanced open space areas;
/ both new and enhanced pedestrian routes;
/ an affordable housing neighborhood "on the Park";
/ the consolidation of County offices in Aspen's downtown core, to retain the sense
of a traditional small town and year-round community within a resort
environment, rather than relocating County offices out of town;
/ additional space for library functions for the purpose of improved public services;
/ the preservation of historic resources including the McMurtchy-Zupancis cabins;
/ a signature Art Museum building that reflects Aspen's identity as a center for arts
and culture, providing space that can be used by other local non-profit groups;
/ an improved Visitor Center and Aspen Chamber Resort Association offices
including a more viable and accessible location to serve visitors;
/ ensuring dramatically improved long-term energy and space efficiency via the
responsible redevelopment of the Rio Grande and County Plaza Building.
2
COWOP REVIEW OR MASTER PLAN?
The ZG Partnership originally requested eligibility for the COWOP process at the
April 28 Council meeting, but subsequent Council discussion raised the potential
alternative of using a Master Plan process. The following section will evaluate both.
Master Plan Process
The Master Plan process is discussed in Land Use Code Section 26.104.030, stating
that, "the City may re-adopt, amend, extend or add to its comprehensive community
plan, or carry any part of its subject matter into greater detail through the development
of supplemental plans, guidelines, or documents." The code goes on to say that new
planning documents shall describe "how the material shall be used in relation to the
AACP, land use development, and planning." Finally, the code requires that master
plans must be adopted either as "guiding" or "regulatory."
The Civic Master Plan was an extension of the AACP, and each chapter in the Civic
Master Plan cites the AACP as providing specific guidance. The Civic Master Plan
was adopted as a regulatory document, as discussed above (p. 2). Any future land use
application for the ZG site is legally required to demonstrate consistency with the
findings and recommendations of the Civic Master Plan. If the Council were to
initiate a master plan process, the ZG Master Plan would also cite portions of the
AACP as providing specific guidance.
The land use code does not specify what kind of public process should be used when
developing a master plan. When the City has undertaken AACP updates in the past, or
in the case of the Civic Master Plan, it has typically appointed one or more
committees to guide the process. However, in recent years City staff has shown a
preference for taking a different approach: Rather than using "stakeholder
committees," staff has designed public process efforts that are intended to include as
many people as possible. For example, this is the approach being taken with the
AACP Update, and a similaz approach was used regazding two separate moratoria and
the Entrance to Aspen in recent yeazs.
While other communities may often use a master plan process to produce conceptual
site plans -- beginning with a charrette, as was the case for the ZG effort - it should be
noted that the City does not have a track record of using the master plan process to
generate conceptual site plans.
If Council initiates a master plan process, the ZG Partnership would continue to use
large public meetings and structured feedback tools to help form and shape the plan.
Once a draft master plan has been formulated, the code requires that the master plan
application is brought first to the P&Z, and then City Council.
3
COWOP Process
The COWOP process was established in 2000, and is outlined in Land Use Code
Section 26.500. The intent of the COWOP process was to bring public projects, or
public-partnership projects, through a different kind of land use review process.
The COWOP process is designed so that members of City Council, the P&Z and
other boards and commissions are sitting at the table as the project is designed, along
with neighbors and citizens-at-large. A COWOP Task Force typically starts by setting
broad goals and identifying issues, and then proceeding to site design, including the
massing and height of buildings etc. By the time the project officially comes to
Council for final entitlement, it has often been through a number of changes as it was
formed with the input of the P&Z, Council, neighbors and citizens.
Regazding the ZG site, the situation is somewhat different. The goals for the ZG site
have already been established by the Civic Master Plan. In fact, the Core Principles
and recommendations of the Civic Master Plan aze regulatory tools, and must be used
as guidance for site planning in the ZG area.
As the ZG Partnership has conducted public meetings during the past year, they have
always cited the Civic Master Plan as the guiding document for the site planning
process. Now, as the ZG Partnership requests eligibility for the COWOP process, it is
also requesting that rather than using an appointed Task Force, the public-at-lazge
should act as the Task Force. The idea is to continue the method used in the informal
public process, including structured public feedback. While a traditional COWOP
Task Force Team may include 6 or 7 citizens-at-lazge, this broader approach could
allow for 200 or more citizens to provide feedback.
The City Attorney's office has found there is no prohibition against using the public-
at-large as a Task Force, and staff believes it is within the spirit and intent of the
COWOP process. While a master plan would be required to show its relationship to
the AACP, the COWOP process also requires that a project is measured by various
standards. In this case, the proposed COWOP process would measure the project
against PUD standazds, rezoning, GMQS, the AACP and the Civic Master Plan.
Once a COWOP recommendation is drafted, a public hearing is held before the City
Council to consider adoption. This reflects a contrast with the master plan process,
which requires a hearing before the P&Z. However, the Council could require a
heazing before the P&Z as part of a COWOP process.
ROLE OF PLANNING & ZONING COMMISSION
AND CITY COUNCIL IN A MASTER PLAN PROCESS
Critical to the success of a master planning process is guidance provided by the
Planning and Zoning Commission and City Council, and this includes check-ins with
both entities with regard to vazious "benchmazk" issues during the process of
formulating the plan.
4
Once a master plan application is drafted, a public heazing would be held before the
Planning and Zoning Commission to consider adoption, and then a public hearing
would be held before the City Council to consider adoption.
Adoption of the master plan would likely be combined with a request for Conceptual
PUD approval for the entire site. This was the process used in 1993, the last time the
City used the master planning process to facilitate amulti-party land use plan in
which the City was one of the parties.
The master plan and Conceptual PUD approval would include a phasing plan
identifying the order in which individual projects would proceed to developing
azchitecture and obtaining final approvals. Each party could then submit an
application encompassing Final PUD, Rezoning, Subdivision, GMQS, and any other
necessary land use actions.
ROLE OF PLANNING & ZONING COMMISSION
AND CITY COUNCIL IN A COWOP PROCESS
The only requirement for the make-up of the COWOP Task Force team is at least one
member of the P&Z and two members of the public. The practice has been to include
a member of P&Z, a member of the City Council, a member of the Historic
Preservation Commission and a member of the Housing Authority Board, as well as
neighbors and 4-7 members of the public-at-lazge.
The practice of COWOP Task Forces to date has been to hold check-ins with City
Council, but also to bring a "mid-term" resolution of conceptual endorsement to City
Council, outlining the mass, scale, height, location and uses of buildings, as well as
public infrastructure such as trails, entries and exits for pedestrians and vehicles. As
in the Burlingame COWOP, the ZG COWOP conceptual plan would also include a
phasing plan for each project, perhaps taking 10-15 years for full implementation.
If a resolution of conceptual endorsement is approved, the next step in the COWOP
process is to apply for approval of an ordinance that grants a final entitlement to
construct a building. For example, after City Council approved a resolution of
conceptual endorsement for the Fire Station/Thrift Shop redevelopment, the COWOP
then focused lazgely on azchitecture and ultimately brought a COWOP Task Force
recommendation to Council for final entitlement.
For the ZG COWOP, the conceptual endorsement would include a phasing plan
dictating the order in which projects would proceed. As was used with Burlingame,
the COWOP would remain "open" and individual phases would be brought forward
for final entitlements. These additional, individual COWOPs reflect another series of
"bites at the apple" with regard to public process. Please see the following three pages
for flow charts depicting different possible land use review approaches to the ZG site.
5
EXTENT OF LAND USE REVIEWS UNDER COWOP PROCESS
Adding up all the different land use reviews that would occur, assuming the existing
five parties continue through the process, there could be between 12-16 different land
use review processes.
Civic Master Plan
Guidance for the use of public property
Council approval December 2006
ZG COWOP Task Force
Conceptual phase
Establishes future massing, scale, heights,
building footprints, pedestrian routes, open
space, public infrastructure and uses of
various sites.
Final
COWOP
Applications
1
COWOP COWOP COWOP COWOP COWOP
Art Museum Pitkin Affordable City Offices Library
County Housing on the Visitor Ctr
Parking lots
HPC HPC HPC HPC HPC
Conceptual Conceptual No purview No purview Conceptual
and Final and Final and Final
EXTENT OF LAND USE REVIEWS UNDER MASTER PLAN PROCESS: OPTION A
Adding up all the different land use reviews that would occur, assuming the existing
five parties continue through the process, there could be between 12-16 different land
use review processes.
Civic Master Plan
Guidance for the use of public property
Council approval December 2006
ZG Master Plan
Establishes future massing, scale, heights,
building footprints, pedestrian routes, open
space, public infrastructure and uses of
vazious sites.
COWOP
Applications
1
COWOP COWOP COWOP COWOP COWOP
Art Museum Pitkin Affordable City Offices Library
County Housing on the Visitor Ctr
Parking lots
HPC HPC HPC HPC HPC
Conceptual Conceptual No purview No purview Conceptual
and Final and Final and Final
EXTENT OF LAND USE REVIEWS UNDER MASTER PLAN PROCESS: OPTION B
Adding up all the different land use reviews that would occur, assuming the existing
five parties continue through the process, there could be between 12-16 different land
use review processes.
Civic Master Plan
Guidance for the use of public property
Council approval December 2006
ZG Master Plan
Establishes future massing, scale, heights, building
footprints, pedestrian routes, open space, public
infrastructure and uses of various sites.
Final
Applications
1
Art Museum Pitkin County Affordable City Offices Library
Housing on _ Visitor Ctr
Parking lots
PUD/ PUD/ PUD/ PUD/
Subdivision Subdivision PUD/ Subdivision Subdivision
Rezoning/GMQS Rezoning/GMQS Subdivision Rezoning/GMQS Rezoning/GMQS
Rezoning/GMQS
HPC Conceptual HPC Conceptual HPC HPC HPC Conceptual
and Final and Final No purview No purview and Final
ROLE OF HISTORIC PRESERVATION COMMISSION
Whether the Council chooses a master plan process or a COWOP process, the ZG
Partnership intends to initially produce conceptual azchitecture only in the form of
descriptive phrases rather than producing visual designs. The partnership plans to
hold a work session with the HPC this summer to ensure that the massing, scale,
location and heights aze appropriate with regard to the Zupancis cabins and the
Courthouse.
At the point when architectural designs aze proposed, the project would go to the
Historic Preservation Commission for a Conceptual review process. If approval were
granted, the project would then prepare an application for Final HPC review.
IF THE MASTER PLAN IS FOUND ELIGIBLE FOR COWOP REVIEW
If the ZG site is determined eligible for COWOP review, the next step would include
advertising a Request for Proposals so the ZG Partnership can hire a consulting team.
The ZG Partnership would need to: refine the existing 3-D Site Plan to provide
greater context with regard to visual corridors, produce 2-D sections of the site plan,
draft conceptual azchitecture, conceptual landscape architecture and a phasing plan.
Other tasks include revisiting the space needs plan of each party, conducting a
rehabilitation analysis of the historic cabins, producing an affordable housing
mitigation plan, reviewing traffic capacities, reviewing engineering and soil studies
and investigating a conceptual construction management plan.
All this information would be incorporated into a presentation to a meeting of the
Task Force Team (public-at-large), during which structured feedback would be taken.
The partnership anticipates this public meeting could occur in August, with one
meeting during lunch time, one at night - and a third meeting held the following
week. If these meetings do not provide a general consensus, the partnership would
again refine the site plan. If this meeting does provide a general consensus, the
partnership would bring a recommendation to Council.
IF THE MASTER PLAN IS FOUND ELIGIBLE FOR A MASTER PLAN PROCESS
If the ZG site is determined eligible for a Master Plan process, the partnership would
proceed in the same manner as outlined above, for the COWOP process. The
difference would be that rather than going directly to Council with a resolution of
conceptual endorsement, the partnership would go to the P&Z for review of a master
plan, and then proceed to Council for review of a master plan. As stated above (p. 4),
the Council could require the partnership to go to the P&Z under the COWOP
process.
THE PROPERTIES:
The subject lands aze all those adjacent to Rio Grande Place, from N. Mill Street to
the entrance to the County Jail; and adjacent to E. Main Street, from the Galena Street
9
Extension to the Zupancis Property. Exhibit A includes a map that depicts the area of
this master plan. The proposed resolution includes the legal descriptions of these
lands.
COST SHARING:
The proposed Resolution references an agreement to share costs of the master
planning. Staff and the parties have discussed an appropriate cost sharing strategy for
the planning phase of this project: Each party will beaz costs related to the
investigation/evaluation of a specific site on which the party would ultimately pursue
a development project. Each party will shaze common costs based on a squaze-footage
use ratio established in the resolution of conceptual endorsement. Subsequent to this
resolution, each party would effectively be on their own with regard to final approvals
and implementation. The City established a budget of $50,000 in 2007 for the ZG
Master Plan, and there is about $30,900 remaining.
The ZG Partnership has defined a generalized scope of work to be conducted by
consultants, so the partnership can issue a Request for Proposals and award a contract.
The partnership has also identified the scope of work that can be accomplished with
in-house resources.
The partnership believes the list of tasks to be conducted by consultants include:
• Conceptual architectural goals
• Conceptual landscape azchitecture
• Historic cabin rehabilitation analysis
• Traffic study
• Engineering, soil, geotechnical study
• Conceptual construction management plan
The partnership believes the list of tasks to be conducted in-house include:
• Refining the 3-D model
• Generating 2-D site plan "sections."
• Affordable housing mitigation plan
• Space needs review
• Government space needs in the digital age
• Phasing plan
In some cases, in-house resources would be used in combination with consulting
work. A preliminary estimate of the consulting work is approximately $100,000. For
a planning project of this size, staff believes this budget is extremely reasonable.
Considering monies saved and carried forward from the Civic Master Plan budget,
city staff does not expect to need additional appropriation.
The ZG Partnership will also rely on in-house resources from the City of Aspen,
Pitkin County, the Art Museum, Pitkin County Library, the Chamber and the 9`h
Judicial District.
10
IF THE MASTER PLAN IS NOT FOUND ELIGIBLE FOR
COWOP REVIEW OR MASTER PLAN REVIEW
The ZG Partnership has not discussed this scenazio. If the project is determined not to
be eligible for COWOP or for a Master Plan review process, then the ZG Partnership
could continue its public outreach and file an application to the City for approval
under a number of headings in the Land Use Code, including PUD, Subdivision,
Rezoning and GMQS.
APPLICANTS:
1. City of Aspen. Represented by Steve Barwick.
2. Pitkin County. Represented by Hilary Fletcher.
3. Aspen Chamber Resort Association. Represented by Deb Braun.
4. Pitkin County Library. Represented by Kathy Chandler.
5. Aspen Art Museum. Represented by Heidi Zuckerman-Jacobson.
COWOP ELIGIBILITY/REVIEW PROCEDURE:
COWOP Determination of Eligibility. At a noticed public hearing, the City Council
shall by resolution:
(a) make a determination whether the proposed development is reasonably necessary
for the convenience and welfaze of the public by applying the standazds of
Section 26.500.040 [see Exhibit B];
(b) establish a procedure for review of the proposed project to include standards of
review;
(c) establish a Task Force Team to review the development proposal; and,
(d) establish a timeframe for the procedures to be used to review the proposed
development.
If the proposed project proposes development subject to Chapter 26.415
(Development in an "H", Historic Overlay District, or Involving the Inventory of
Historic Sites and Structures), or Chapter 26.420 (Historic Overlay District and
Historic Landmazks), the City Council shall include in the review procedures the
requirement for an application for review of the eligible project to the Historic
Preservation Commission in accordance with the applicable sections of the Land Use
Code. The City Council may, in appropriate circumstances, include as part of the
review process it adopts a sepazate referral to the Planning and Zoning Commission,
or any other City board and commission for their separate review and
recommendation. Should the City Council determine that the proposed development
is not reasonably necessary for the convenience and welfare of the public, the
application shall be reviewed in accordance with the applicable sections of this Land
Use Code. The City Council may amend the resolution at any time upon the request
of the applicant, the Community Development Director, or upon its own motion.
11
MASTER PLAN INITIATION PROCEDURE:
Initiation of Master Plan. City Council shall by resolution:
1. Initiate a master plan process.
2. There is no description or requirement regarding the type or style of process.
Council may through the resolution establish protocol or procedures
regarding the process.
RECOMMENDATION:
Staff recommends City Council determine the Zupancis-Galena Master Planning
effort eligible for the City's COWOP process. If Council does not approve the ZG
Plan for COWOP eligibility, staff recommends City Council initiate the Zupancis-
Galena Master Plan.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Resolution No. ~, Series of 2008, finding the Zupancis-Galena
Master Plan meets the eligibility criteria for the COWOP review process."
ALTERNATIVE MOTION:
"I move to approve Resolution No.3~3, Series of 2008, initiating the Zupancis-
Galena Master Planning process."
ATTACHMENTS:
Proposed Resolution No. , Series of 2008 (COWOP)
Proposed Resolution No., Series of 2008 (Master Plan)
Exhibit A -Map of Master Planning Area
Exhibit B - COWOP Eligibility Review Criteria and Staff Comments
Exhibit C -Proposed Resources
12
RESOLUTION NO.~ ~
(SERIES OF 2008)
A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE
"ZUPANCIS-GALENA PLAN" ELIGIBLE AS A PROJECT REASONABLY
NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC
(COWOP) ON PROPERTY LOCATED ON RIO GRANDE PLACE, N. MILL
STREET AND EAST MAIN STREET, OWNED BY THE CITY OF ASPEN AND
PITHIN COUNTY, ALL WITHIN THE CITY OF ASPEN, PITHIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department received a completed
application from the Zupancis-Galena Partnership; made up of the City of Aspen, Pitkin
County, the Aspen Chamber Resort Association, Pitkin County Library and the Aspen
Art Museum; for a determination of eligibility for a project, known as the Zupancis-
Galena Plan, reasonably necessazy for the convenience and welfare of the public
(COWOP) for a redevelopment of lands, owned by the City of Aspen and Pitkin County,
for the purpose of providing a range of uses including a signature Art Museum; additional
City and County offices; new open space areas; new pedestrian routes; sub-grade
parking; additional library space; improved City and County public safety services; a
relocated Visitor Center and offices for the Aspen Chamber Resort Association;
affordable housing and improvements to public infrastructure such as the replacement of
the roof over the Rio Grande Parking Garage, relocation of the Rio Grande Pazking
Gazage elevator and substantial widening of the stairway from Galena Plaza to Rio
Grande Place; and,
WHEREAS, the City of Aspen manages public right-of--way in the planning area
including Rio Grande Place, North Mill Street and Main Street, and owns certain public
land known locally as the Zupancis Property, Rio Grande Building, Rio Grande Parking
Garage, Galena Plaza, and Rio Grande Park Pazking Lots; and,
WHEREAS, Pitkin County owns certain public lands known locally as the
County Plaza Building, Veteran's Pazk and the Pitkin County Jail; and,
WHEREAS, the Pitkin County Library District owns certain public lands known
locally as the Pitkin County Library; and,
WHEREAS, the legal descriptions of the lands subject to this review aze attached
as Exhibit A and aze generally described as lands between East Main Street and Rio
Grande Place, and between North Mill Street and Obermeyer Place/Concept 600; and,
WHEREAS, changing the disposition of certain city-owned lands within the
project azea may require a public vote; and,
WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City
Council may make a determination whether a proposed development is reasonably
necessary for the convenience and welfare of the public by applying the standards of
Section 26.500.040; and,
WHEREAS, the Community Development Director determined that the
Zupancis-Galena Plan may be eligible for consideration as a project reasonably necessazy
for the convenience or welfare of the public, and notified in writing the Planning and
Zoning Commission, the Historic Preservation Commission, and the Aspen/Pitkin
County Housing Authority the date of the public hearing before the City Council at which
time a determination is to be made concerning eligibility of the proposed development;
and,
WHEREAS, the Aspen City Council has reviewed and considered the Zupancis-
Galena Master Plan eligibility 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
duly noticed public hearing on May 27, 2008; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds the Standards for Determination, Section 26.500.040, for the following reasons:
1. The Zupancis-Galena Plan could provide both enhanced and additional open
space azeas; both enhanced and additional pedestrian routes; affordable housing
units that serve the needs of the community, additional space for needed public
safety operations including secure sub-grade space for emergency response
vehicles at the Zupancis Property; additional sub-grade pazkin~ at the Zupancis
Property to provide access to consolidated County services, 9` Judicial District
services and to store City/County fleet vehicles, thereby provide additional space
for public parking at the existing Rio Grande Pazking Gazage; the development of
pazking at the Rio Grande Pazk Pazking Lot site including at-grade parking for
short-term public pazking and sub-grade pazking for affordable housing;
additional space for City and County offices for the purpose of improved public
services; additional space for librazy functions for the purpose of improved public
services; the preservation of important local and national historic resources
including the McMurtchy-Zupancis cabins; improved arts and cultural facilities
via the Aspen Art Museum redevelopment; an improved Visitor Center and
Aspen Chamber Resort Association offices including additional space and a more
viable location to serve visitors; the redevelopment of buildings such as the
former Youth Center and the County Plaza Building to ensure dramatically
improved long-term energy and space efficiency to responsibly maximize the
limited resource of public lands; a unified approach to managing construction
impacts and ongoing maintenance and operations of the area's infrastructure.
2. Portions of the subject area including rights of way are owned by the City of
Aspen and a unified plan could permit an advantageous disposition of those
properties;
3. The bifurcated ownership of the subject area and independent projects in various
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 2
stages of entitlement may result in an ad-hoc development pattern while a
COWOP planning process that is interactive with the public-at-large will lend
itself to the type of open dialogue needed to determine a cohesive future vision for
the neighborhood; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1- EliHibility
Pursuant to Section 26.500.040 of the Land Use Code, the Zupancis-Galena Plan, as
described herein, is determined to be eligible development necessary for the Convenience
and Welfaze of the Public.
Section 2 -Procedure and Standards
Pursuant to Section 26.500.050(B)(b), the procedure and standards for review of the
project shall be:
Process:
1. Under Section 26.500.050(B)(c), the Task Force Team shall be all those members of
the public who attend meetings of the Zupancis-Galena Plan, which will be widely
advertised in local newspapers. The Task Force Team (public-at-large) shall be given
the opportunity to provide structured feedback at public meetings.
2. Pursuant to Section 26.500.050(C), following a determination of eligibility by City
Council, the Community Development Department Director shall rely upon technical
resources/referral agencies that may identify and resolve any potential issues
associated with site engineering, access and circulation and for providing any other
technical information to the applicant which would assist in the preparation of an
application for further review.
3. The Zupancis-Galena Partnership, including representatives of the City of Aspen,
Pitkin County, the Aspen Art Museum, the Aspen Chamber Resort Association and
the Pitkin County Library, will continue to develop the application with the assistance
of the technical resources/referral agencies, and based on structured feedback from
the public-at-large during widely advertised public meetings.
4. The Task Force Team in the form of the public-at-lazge, via structured feedback at
widely advertised public meetings, and Staff, shall provide recommendations to City
Council.
5. A Resolution of Conceptual Endorsement of the Zupancis-Galena Plan shall be the
responsibility of City Council. Final and formal approvals that implement and entitle
a portion or portions of the Plan shall be the responsibility of the City Council and
shall require adoption of an Ordinance(s). City Council may, by resolution,
determine the project no longer qualifies for the COWOP process, at any time.
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 3
Standards:
1. Section 26.445.050, Review Standazds: Planned Unit Development.
2. Section 26.310, Amendments to the Land Use Code and Official Zone District Map.
3. Section 26.415, Development Involving Historic Resources. Any development
affecting a historic resource shall be required to comply with this section, beyond any
decision reached in the COWOP review.
4. Section 26.470, Growth Management, to the extent determined necessary during
project review.
5. Section 26.480, Subdivision, if determined to be necessary during project
development and review.
6. Technical design standards of utility providers shall be considered and the COWOP
decision shall not supersede any non-city utility provider.
7. The Aspen Area Community Plan shall be considered a policy guide and the final
recommendation shall include an analysis of conformance with this adopted plan.
8. The Civic Master Plan shall be considered a regulatory document and any land use
applications must demonstrate consistency with the findings and recommendations of
the Civic Master Plan. To the degree that land use applications do not demonstrate
consistency with the findings and recommendations of the Civic Master Plan, land
use applications shall demonstrate consistency with the eight (8) Core Principles of
the Civic Master Plan.
Section 3 - COWOP Task Force Team Members
Pursuant to Section 26.500.050(B)(c), the Task Force Team to review the development
proposal shall include representatives from the following:
• Task Force Team Chair -Chris Bendon, Community Development Director, or
designee (non-voting).
• The public-at-lazge, to be invited to multiple and widely advertised public
meetings.
• One or more members of the Planning and Zoning Commission.
It is also acknowledged through this resolution that numerous City Departments, other
governmental or district agencies and consultants will provide technical assistance and
analysis as determined to be'necessary.
Section 4 - Proaosed Timeframe
Pursuant to Section 26.500.050(B)(d), the proposed timeframe for the procedures to be
used to review the proposed development aze anticipated to be completed within
approximately four (4) months from the date of this resolution. The following schedule
is an estimated timeline and is subject to change:
June Meetings with technical resources/referral agencies. Identification of
conceptual architecture and conceptual landscape architecture;
identification of phasing plan; further refinements of the 3-D Site Plan,
including 2-D sections of the site plan.
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 4
July Meetings with technical resources/referral agencies. Identification of
physical, regulatory and economic constraints with input from technical
advisors on nature of constraints. Identification of constraints that can be
overcome and constraints that must be observed. Check-in with P&Z and
Council.
August Multiple Task Force (public-at-large) Meetings to consider balance of
goals and constraints, project program, and site plan (uses, access,
intensities, height, massing). Finalize Task Force recommendation via
structured public feedback. Work session with HPC.
Aug. -Sept. Public Hearings for Resolution of Conceptual Endorsement with City
Council.
JGI:UVU J - l.VaupWaGalW Vi Ulc 111wJLGa 1 awla wuu aauvyawu
At a minimum, the Master Plan adopted pursuant to this process shall include:
a) A description and depiction of allowable development on each property, including
allowable height, area, bulk, density, uses, operating characteristics, and unit
ownership structure.
b) A description of conceptual azchitecture and character. The ZG Plan should
describe the specificity upon which conceptual azchitecture may be amended and
the process of amendment.
c) A description and depiction of the rights-of--way to be vacated, upgraded, or
otherwise affected including encroachments therein.
d) A description of the amount and method(s) of affordable housing and other
development impact mitigation requirements that must be provided.
e) A description and allocation of responsibility for the development and
maintenance of neighborhood and shared infrastructure and community benefits
(e.g., sub-grade parking, replacement of Rio Grande Parking Garage roof, new
stairway from Galena Plaza to Rio Grande Place, relocation of Galena
Plaza/Gazage elevator, rehabilitation and maintenance of historic McMurtchy-
Zupancis Cabins).
f) A description of the timing, phasing, and management of construction activity. As
necessary, the construction management plan shall contemplate the individual
property owners proceeding separately, provided that such development is
consistent with the ZG Plan and that the shazed obligations and construction
management requirements aze satisfied.
The Community Development Director shall present the findings and recommendations
of the Task Force to City Council during a public heazing and shall provide an analysis
for the proposal and the standards of review identified herein along with a proposed
Resolution of Conceptual Endorsement.
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 5
Following such endorsement, the Community Development Director shall present further
findings and recommendations of the Task Force to City Council during a public heazing
and shall provide an analysis for the proposal and the standards of review identified
herein along with a proposed Ordinance(s) that implements and entitles a portion or
portions of the ZG Plan according to Section 5(f), described above. The proposed
Ordinance(s) shall provide final approval of the necessary land use reviews and shall
cause issuance of a Development Order(s), subject to any detailed design, engineering,
documentation and platting recordation requirements applicable to each development site
and any final reviews that may be required in connection therewith, with the
understanding that all such final reviews shall be ministerial in nature excepting any
required final review by the Historic Preservation Commission. The Ordinance adopting
a portion or portions of the Master Plan shall describe and implement the necessary
reductions in Growth Management Allocations to accommodate the build-out of the ZG
Plan.
Section 6 - Citv's Timely Processing and Review
The City Council shall allocate meeting times and resources of the City necessary and
reasonable for the timely processing, review, and guidance of the COWOP process.
Section 7 -Historic Preservation Commission Review
This Resolution does not exempt the subject properties from the procedures and
requirements of Section 26.415, Development Involving Historic Resources. Both
Conceptual and Final Review approval shall be necessary for properties designated
Historic Landmazks regardless of the direction or disposition of the ZG Plan.
Section 8 -Cost Sharing
There shall be established a cost shazing agreement that shall identify and proportionately
allocate joint costs of the master planning process to the parties involved. Costs
associated with individual sites shall be the responsibility of the particulaz party
developing the site for its use; costs associated with common areas or planning activities
related to the site as a whole shall be allocated based on a squaze-footage ratio as
established in the Resolution of Conceptual Endorsement. The City shall not assess land
use review fees for this master planning process.
FINALLY, adopted, passed and approved this 27`h day of May, 2008.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor.
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 6
Approved as to form:
John P. Worcester, City Attorney
Exhibit A -Legal descriptions of land subject to COWOP Review.
City Council Reso No. _, Series of 2008.
COWOP Eligibility Page 7
Exhibit A
Legal Descriptions of Land within ZG Master Plan
Rio Grande Building (Former Youth Center)
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: RIO GRANDE LOT:4 DESC: CITY OFFICES
PARCEL ID # 273707306854
Rio Grande Place Pazking Lots
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: PORTION OF RIO GRANDE LOT:1 SOUTH OF
RIO GRANDE PLACE RIGHT OF WAY
PARCEL ID # 273707306851
Rio Grande Parking Garage (Galena Plaza included)
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: RIO GRANDE LOT:2
PARCEL ID # 273707306852
Galena Street
Owner: CITY OF ASPEN
Legal Description: GALENA ST. RIGHT OF WAY NORTH OF MAIN ST.
Pitkin County Library
Owner: PITKIN COUNTY LIBRARY DISTRICT
Legal Description: SUBDIVISION: RIO GRANDE LOT: 3
PARCEL ID # 273707306853
Courthouse
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER LOT:1
PARCEL ID # 273707347851
Veteran's Pazk
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER VETERAN'S PARK
PARCEL ID # 273707347852
Pitkin County Jail
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER LOT:1
PARCEL ID # 273707347851
Pazking Lot/azea behind the Jail
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: RIO GRANDE LOT: 5
PARCEL ID # 273707306855
Sheriff's Alley
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: PORTION OF RIO GRANDE LOT:1 SOUTH OF
RIO GRANDE PLACE RIGHT OF WAY
PARCEL ID # 273707306851
County Plaza Buildin¢
Owner: PITKIN COUNTY CAPITAL LEASING CORP.
Legal Description: SUBDIVISION: CITY AND TOWNSITE OF ASPEN
BLOCK: 92 LOT: Q + R + THE WESTERLY 7.5 FEET OF LOT S
SUBDIVISION: EAST ASPEN ADDITION BLOCK 19 LOT: 11 + 12 + THE
WESTERLY 7.5 FEET OF LOT 10 PARCEL ID # 273707324004
Zunancis Property
Owner: CITY OF ASPEN / 130 S GALENA ST / ASPEN, CO 81611
Legal Description: 540 EAST MAIN ST, A METES AND BOUNDS PARCEL, EAST
ASPEN ADDITION, PARCEL ID #273707324003
RESOLUTION N0.~i3
(SERIES OF 2008)
A RESOLUTION OF THE ASPEN CITY COUNCIL INITIATING THE
"ZUPANCIS-GALENA MASTER PLAN" ON PROPERTY LOCATED ON RIO
GRANDE PLACE, N. MILL STREET AND EAST MAIN STREET, OWNED BY
THE CITY OF ASPEN AND PITHIN COUNTY, ALL WITHIN THE CITY OF
ASPEN, PTHIN COUNTY, COLORADO.
WHEREAS, the Community Development Director recommends initiation of the
Zupancis-Galena Master Plan, pursuant to Section 26.104.030; as an extension of the
Civic Master Plan, and to develop the recommendations of the Civic Master Plan into
greater detail; and,
WHEREAS, the Zupancis-Galena Master Plan focuses on a redevelopment of
lands, owned by the City of Aspen and Pitkin County, for the purpose of providing a
range of uses including a signature Art Musettm; additional City and County offices; new
open space areas; new pedestrian routes; sub-grade pazking; additional library space;
improved City and County public safety services; a relocated Visitor Center and offices
for the Aspen Chamber Resort Association; affordable housing and improvements to
public infrastructure such as the replacement of the roof over the Rio Grande Parking
Gazage, relocation of the Rio Grande Parking Garage elevator and substantial widening
of the stairway from Galena Plaza to Rio Grande Place; and,
WHEREAS, the City of Aspen manages public right-of--way in the planning area
including Rio Grande Place, North Mill Street and Main Street, and owns certain public
land known locally as the Zupancis Property, Rio Grande Building, Rio Grande Parking
Garage, Galena Plaza, and Rio Grande Park Parking Lots; and,
WHEREAS, Pitkin County owns certain public lands known locally as the
County Plaza Building, Veteran's Park and the Pitkin County Jail; and,
WHEREAS, the Pitkin County Library District owns certain public lands known
locally as the Pitkin County Library; and,
WHEREAS, the legal descriptions of the lands subject to this master plan process
aze attached as Exhibit A and are generally described as lands between East Main Street
and Rio Grande Place, and between North MiII Street and Obermeyer Place/Concept 600;
and,
WHEREAS, changing the disposition of certain city-owned lands within the
project azea may require a public vote; and,
WHEREAS, pursuant to Section 26.208.010(I), the City Council may adopt by
resolution plans or documents to be used in a guiding capacity; and,
City Council Reso No. ,Series 2008.
Initiating ZG Master Planning. Page 1
WHEREAS, pursuant to Section 26.212.010(R), the Planning and Zoning
Commission may adopt by resolution plans or documents to be used in a guiding
capacity; and,
WHEREAS, the Aspen City Council has reviewed and considered the initiation
of the Zupancis-Galena Master Plan, has reviewed and considered the recommendation of
the Community Development Director, and has taken and considered public comment at
a public heazing on May 27, 2008; and,
WHEREAS, the City Council finds that the master plan should be initiated for
the following reasons:
1. The Master Plan could provide both enhanced and additional open space areas;
both enhanced and additional pedestrian routes; affordable housing units that
serve the needs of the community, additional space for needed public safety
operations including secure sub-grade space for emergency response vehicles at
the Zupancis Property; additional sub-grade pazking at the Zupancis Property to
provide access to consolidated County services, 9`h Judicial District services and
to store City/County fleet vehicles, thereby provide additional space for public
parking at the existing Rio Grande Parking Garage; the development of parking at
the Rio Grande Park Parking Lot site including at-grade parking for short-term
public pazking and sub-grade parking for affordable housing; additional space for
City and County offices for the purpose of improved public services; additional
space for library functions for the purpose of improved public services; the
preservation of important local and national historic resources including the
McMurtchy-Zupancis cabins; improved arts and cultural facilities via the Aspen
Art Museum redevelopment; an improved Visitor Center and Aspen Chamber
Resort Association offices including additional space and a more viable location
to serve visitors; the redevelopment of buildings such as the former Youth Center
and the County Plaza Building to ensure dramatically improved long-term energy
and space efficiency to responsibly maximize the limited resource of public lands;
a unified approach to managing construction impacts and ongoing maintenance
and operations of the azea's infrastructure.
2. Portions of the subject azea including rights of way are owned by the City of
Aspen and a master plan could permit an advantageous disposition of those
properties;
3. The bifurcated ownership of the subject area and independent projects in vazious
stages of entitlement may result in an ad-hoc development pattern while a master
plan process that is interactive with the public-at-lazge will lend itself to the type
of open dialogue needed to determine a cohesive future vision for the
neighborhood; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfaze.
City Council Reso No. _, Series 2008.
Initiating ZG Master Planning. Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1-Initiation of Zupancis-Galena Master Plan
The Zupancis-Galena Master Plan, as described herein, is initiated.
Section 2 -Procedure
The procedure for developing the Zupancis-Galena (ZG) Master Plan application shall
be:
Process:
1. Those members of the public who attend meetings regarding the ZG Master Plan,
which will be widely advertised in local newspapers, will have an opportunity to
participate in structured feedback sessions to help shape and form the plan.
2. The Community Development Department Director will also rely on technical
resources, referral agencies and potential future users of the site that may identify and
resolve any potential issues associated with site engineering, access and circulation,
historic preservation, landscape design and for providing any other technical
information that would assist in the prepazation of a master plan application.
3. Staff shall provide a recommended ZG Master Plan to the Planning and Zoning
Commission for review and adoption, and shall provide a recommended ZG Master
Plan to the City Council for review and adoption.
4. Before the adoption of any such plan, at least one public hearing shall be conducted,
pursuant to noticing procedures outlined in Section 26304.060 E.3.a.
Section 3 - Proaosed Timeframe
The proposed timeframe for the master plan process is within approximately four (4)
months from the date of this resolution. The following schedule is an estimated timeline
and is subject to change:
June Meetings with technical resources/referral agencies. Identification of
conceptual architecture and conceptual landscape architecture;
identification of phasing plan; further refinements of the 3-D Site Plan,
including 2-D sections of the site plan.
July Meetings with technical resources/referral agencies. Identification of
physical, regulatory and economic constraints with input from technical
advisors on nature of constraints. Identification of constraints that can be
overcome and constraints that must be observed. Joint check-in with P&Z
and Council.
August Multiple public meetings to consider balance of goals and constraints,
project program, and site plan (uses, access, intensities, height, massing).
Finalize master plan recommendation via structured public feedback.
Work session with Historic Preservation Commission.
CiTy Council Reso No. _, Series 2008.
Initiating ZG Master Planning. Page 3
Aug. -Sept. Public Hearings for adoption of ZG Master Plan with Planning and Zoning
Commission and City Council.
Section 4 -Components of the Master Plan and Adoption
At a minimum, the ZG Master Plan adopted pursuant to this process shall include:
a) A description and depiction of allowable development on each property, including
allowable height, area, bulk, density, uses, operating characteristics, and unit
ownership structure.
b) A description of conceptual architecture and character. The ZG Master Plan
should describe the specificity upon which conceptual azchitecture may be
amended and the process of amendment.
c) A description and depiction of the rights-of--way to be vacated, upgraded, or
otherwise affected including encroachments therein.
d) A description of the amount and method(s) of affordable housing and other
development impact mitigation requirements that must be provided.
e) A description and allocation of responsibility for the development and
maintenance of neighborhood and shared infrastructure and community benefits
(e.g., sub-grade pazking, replacement of Rio Grande Parking Gazage roof, new
stairway from Galena Plaza to Rio Grande Place, relocation of Galena
Plaza/Gazage elevator, rehabilitation and maintenance of historic McMurtchy-
Zupancis Cabins).
f) A description of the timing, phasing, and management of construction activity. As
necessary, the construction management plan shall contemplate the individual
property owners proceeding separately, provided that such development is
consistent with the ZG Master Plan and that the shared obligations and
construction management requirements are satisfied.
Section 5 -City's Timely Processing and Review
The Planning and Zoning Commission and the City Council shall allocate meeting times
and resources of the City necessary and reasonable for the timely processing, review, and
guidance of the ZG Master Plan process.
Section 6 -Historic Preservation Commission Review
This Resolution does not exempt the subject properties from the procedures and
requirements of Section 26.415, Development Involving Historic Resources. Both
Conceptual and Final Review approval shall be necessary for properties designated
Historic Landmarks regardless of the direction or disposition of the ZG Master Plan.
Section 7 - ZG Master Plan's Relationship to the Aspen Area Community Plan
Pursuant to Section 26.104.030, the ZG Master plan shall include a description of how
the ZG Master Plan shall be used in relationship to the AACP, land use development and
City Council Reso No. _, Series 2008.
Initiating ZG Master Planning. Page 4
planning, and there shall be a determination of whether the document shall be used as a
guiding or regulatory document.
Section 8 -Cost Sharing
There shall be established a cost sharing agreement that shall identify and proportionately
allocate joint costs of the master planning process to the parties involved. Costs
associated with individual sites shall be the responsibility of the particular party
developing the site for its use; costs associated with common areas or planning activities
related to the site as a whole shall be allocated based on asquare-footage ratio as
established in the Master Plan. The City shall not assess land use review fees for this
master planning process.
FINALLY, adopted, passed and approved this day of , 2008.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor.
Approved as to form:
John P. Worcester, City Attorney
Exhibit A -Legal descriptions of land subject to Master Planning Review.
City Council Reso No. _, Series 2008.
Initiating ZG Master Planning. Page 5
Exhibit A
Legal Descriptions of Land within ZG Master Plan
Rio Grande Building (Former Youth Center)
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: RIO GRANDE LOT:4 DESC: CITY OFFICES
PARCEL ID # 273707306854
Rio Grande Place Pazkine Lots
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: PORTION OF RIO GRANDE LOT:1 SOUTH OF
RIO GRANDE PLACE RIGHT OF WAY
PARCEL ID # 273707306851
Rio Grande Pazkin~ Gaza~e (Galena Plaza included)
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: RIO GRANDE LOT2
PARCEL ID # 273707306852
Galena Street
Owner: CITY OF ASPEN
Legal Description: GALENA ST. RIGHT OF WAY NORTH OF MAIN ST.
Pitkin County Library
Owner: PITKIN COUNTY LIBRARY DISTRICT
Legal Description: SUBDIVISION: RIO GRANDE LOT: 3
PARCEL ID # 273707306853
Courthouse
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER LOT:1
PARCEL ID # 273707347851
Veteran's Park
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER VETERAN'S PARK
PARCEL ID # 273707347852
Pitkin County Jail
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: PITKIN COUNTY CENTER LOT:1
PARCEL ID # 273707347851
Pazking Lot/azea behind the Jail
Owner: PITKIN COUNTY
Legal Description: SUBDIVISION: RIO GRANDE LOT: 5
PARCEL ID # 273707306855
Sheriff s Alley
Owner: CITY OF ASPEN
Legal Description: SUBDIVISION: PORTION OF RIO GRANDE LOT:1 SOUTH OF
RIO GRANDE PLACE RIGHT OF WAY
PARCEL ID # 273707306851
County Plaza Buildin¢
Owner: PITKIN COUNTY CAPITAL LEASING CORP.
Legal Description: SUBDIVISION: CITY AND TOWNSITE OF ASPEN
BLOCK: 92 LOT: Q + R + THE WESTERLY 7.5 FEET OF LOT S
SUBDIVISION: EAST ASPEN ADDITION BLOCK 19 LOT: I 1 + 12 + THE
WESTERLY 7.5 FEET OF LOT 10 PARCEL ID # 273707324004
Zupancis Pronertv
Owner: CITY OF ASPEN / 130 S GALENA ST / ASPEN, CO 81611
Legal Description: 540 EAST MAIN ST, A METES AND BOUNDS PARCEL, EAST
ASPEN ADDITION, PARCEL ID #273707324003
Exhibit A
Map of ZG Master Plan Area
ti
Exhibit
Zupancis-Galena Master Plan
Criteria for Eligibility
Section 26.500.040: A development may be determined to be reasonably necessary for
the convenience or welfare of the public if the applicant for development is the City of
Aspen, an agent of the City of Aspen authorized by the City Council to proceed under
this Chapter of the Land Use Code, or the City of Aspen or agent of the City of Aspen is
a co-applicant with a private party for the development of land which constitutes an
essential public facility, provides essential services to the public, and which is in the best
interests of the City of Aspen to be completed. By way of example and not limitation, the
following types of developments may be determined to be reasonably necessary for the
convenience or welfare of the public: (a) affordable housing projects developed by the
City of Aspen by itself or in conjunction with an agent or private developer; (b) the
development of public utilities; (c) park and recreational facilities development; (d) public
infrastructure improvements; (e) public buildings and structures; or (f) transportation
improvements.
Staff Ana/ysis:
The City is a co-applicant with four others -Pitkin County, the Aspen Art Museum, the
Aspen Chamber Resort Association and the Pitkin County Library -- for the purpose of
determining the most appropriate manner for redevelopment to occur in the area
between E. Main St. and Rio Grande Place; and between N. Mill St. and Obermeyer
Place/Concept 600. This includes a possible change in the disposition of City-owned
land. This project presents an opportunity to develop, redevelop, or improve a range of
public services including: both enhanced and additional open space areas; both
enhanced and additional pedestrian routes; affordable housing units; additional space
for needed public safety operations including secure sub-grade space for emergency
response vehicles at the Zupancis Property; additional sub-grade parking at the
Zupancis Property for the purpose of accessing consolidated Pitkin County services, 9
Judicial District services and to store City/County fleet vehicles to provide additional
space for public parking at the existing Rio Grande Parking Garage; the development of
public parking at the Rio Grande Park Parking Lot site including at-grade parking for
short-term public parking and sub-grade parking for affordable housing; additional space
for City and County offices for the purpose of improved public services; additional space
for meeting rooms both for government purposes and for the use of local groups and
organizations; additional space for library functions for the purpose of improved public
services; the preservation of important local and national historic resources including the
McMurtchy-Zupancis cabins; improved arts and cultural facilities via the Aspen Art
Museum redevelopment, also to be used by other arts-related non-profit groups; an
improved Visitor Center and Aspen Chamber Resort Association offices including
additional space and a more viable location to serve visitors; a unified approach to
managing construction impacts and ongoing maintenance and operations of the area's
infrastructure.
The COWOP process allows for greater discussion and community input in a master
plan and vision for the redevelopment of the neighborhood than does the traditional
system -especially considering the bifurcated ownership of lands in this neighborhood.
Exhibit C
ZG Master Plan: Proposed Resources
After a determination of eligibility, an Interdepartmental Development Review
Committee (IDRC) would be established. The purpose of the IDRC, pursuant to
Land Use Code Section 26.500.050(C), is to "identify and resolve any potential
issues associated with the provision of utilities and services, environmental
constraints, site engineering, access and circulation and for providing any other
technical information to the applicant which would assist in the preparation of an
application for further review..."
The issues to be investigated by the ZG Partnership and/or the IDRC include:
/ conceptual azchitecture/landscape azchitecture;
/ construction phasing plan;
/ space needs plan of each party;
/ historic cabin analysis;
/ affordable housing mitigation plan;
/ traffic and pazking;
/ engineering and soil studies;
/ conceptual construction management plan.
The resources needed to investigate these vazious topics will include a consulting
team as well as vazious in-house resources available to the ZG Partnership,
including but not limited to:
Judge Jim Boyd /Administrative Judge 9~' Judicial District
Richard Pryor / Chief of Police APD
Bob Braudis /Sheriff SO
Amy Guthrie /Historic Preservation Officer City of Aspen
Blake Fitch / Pazking Department Manager City of Aspen
Brian Pettet /Public Works Director Pitkin County
Tom McCabe /Housing Authority APCHA
Tricia Aragon /Engineering Department City of Aspen
Bentley Henderson /Asset Management City of Aspen
Jeff Woods /Parks Department City of Aspen
Ed ValWalraven /Fire Marshall AFPD
Jodi Smith /Facility Manager Pitkin County
Temple Glassier /Asset Manager Pitkin County
Gerald Fielding /County Engineer Pitkin County
Tom Oken /CFO Pitkin County
Lance Clazke /ComDev Pitkin County
Chris Bendon /ComDev City of Aspen
J
PRESIDENT & CEO
James Horowitz
BOARD OF
DIRECTORS
John R. Provine
chnirman
Marianne Buchholz
secretary /treasarer
as
Jjazz aspen snowmass
The mission of dazz Aspen snowmass
is to present and preserve jazz,
American and popular music through
world-class festivals, performances
and etlucation programs.
Shelly Friedstein May 26, 208
chair governance
David Dreman Ms. Heidi Zuckerman Jacobson
chair str¢tegic
planning Aspen Art Museum
590 N. Mill St.
Tim LaRose
chair programmirzg
Aspen CO 81611
Stuart G. Lasher
chair fin¢nce Dear 1-101d1:
William C. Powers
chair sponsorship
& m¢jor gi fts On behalf of the Board of Directors of Jazz Aspen snowmass (JAS), an
Nancy Rogers Aspen-snowmass 501 (C) 3 Not for Profit Organization founded in 1991,
chair spect¢l events we would like to clearly and enthusiastically endorse the museum's plan to
relocate to a new location adjacent to Rio Grande Park.
David F. Chazen
Charles Cuniffe
James G. Fifield We believe unequivocally that the growth of Aspen based not for profit
snort xarper arts organizations benefits the entire community as well as other arts
Angela xite
C organizations, by strengthening the depth and reach of all major arts
ori Britton Kuhlman
Mark Leyae¢ker
constituents whom are Aspen based. We increasingly look to a
Jaak Mauer collaborative spirit between major Aspen arts organizations to guide our
Scott D. Miller approach going forward
William H. Plummer .
Carolyn C. Powers
Rozanne Rosenthal
We're confident that an exceptional and azchitecturally distinctive art
Deborah Sharpe museum in this new location would be a plus for the Aspen community,
Duer wagger III and encourage the City of Aspen to support this proposition.
CHAIRMAN
EMERITUS
Shelly Friedstein
COMMUNITY
BOARD MEMBERS
Chris Bank
Helen Klanderud
Douglas Mercatoris*
*Ex Officio
DISTINGUISHED ARTIST
IN RESIDENCE
Christian McBride
Jim Horowitz
President/CEO Founder
Jazz Aspen snowmass
110 east hallam suite 104 aspen, Colorado 81611 wwwjazzaspen.org a-mail: jazzaspen@jazzaspen.org tel: 970 ~ 920-4996 fax: 970 ~ 920-9135
MEMORANDUM
TO: Mayor Ireland and Aspen City Council ~ ~ ~ n
THRU: Chris Bendon, Community Development Director I ~ 111,~J1/ I
COPY: John Worcester, City Attorney l/"'
FROM: Amy Guthrie, Historic Preservation Officer
]~..
RE: Appeal of Land Use Code Interpretations - Section 26.415.025
(Ordinance #48, Series of 2007)
DATE: May 27, 2008
SUMMARY:
One of the jobs assigned to the Community Development Director is to provide
interpretations of the text of the City's Land Use Code. This is a formal process in which an
applicant requests a written interpretation and, if they don't agree with the interpretation,
affords the applicant the right to appeal the decision to the City Council.
There aze three criteria upon which the City Council has to decide an appeal of a code
interpretation. Based solely upon the record established by the original decision, the City
Council shall consider whether:
1) There was a denial of due process;
2) The administrative body exceeded its jurisdiction; or,
3) The administrative body abused its discretion.
These standards ask whether the Director's actions were ethical. The City's code states that
the decision or determination made by the administrative officer shall not be reversed or
modified unless there is a positive finding on one of these criteria. (Please see Exhibit A for
the entire code section.)
In this case, the Community Development Director rendered interpretations to address two
distinct issues raised by the Aspen Institute related to the applicability and operation of
Ordinance #48, Series of 2007 (Please see Exhibit B for the full ordinance.)
First, The Institute asked whether Ordinance #48 was applicable to their entire property.
Ordinance #48 applies to a specific list of properties, identified in the document. The Aspen
Institute property is described as follows:
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal Description:
ASPEN MEADOWS, LOT lA.
Exhibit C
ZG Master Plan: Proposed Resources
After a determination of eligibility, an Interdepartmental Development Review
Committee (IDRC) would be established. The purpose of the IDRC, pursuant to
Land Use Code Section 26.500.050(C), is to "identify and resolve any potential
issues associated with the provision of utilities and services, environmental
constraints, site engineering, access and circulation and for providing any other
technical information to the applicant which would assist in the preparation of an
application for further review...."
The issues to be investigated by the ZG Partnership and/or the IDRC include:
/ conceptual architecture/landscape architecture;
/ construction phasing plan;
/ space needs plan of each party;
/ historic cabin analysis;
/ affordable housing mitigation plan;
/ traffic and parking;
/ engineering and soil studies;
/ conceptual construction management plan.
The resources needed to investigate these various topics will include a consulting
team as well as various in-house resources available to the ZG Partnership,
including but not limited to:
Honorable Jim Boyd /Chief Judge 9`h Judicial District
Richard Pryor /Chief of Police APD
Bob Braudis /Sheriff SO
Amy Guthrie /Historic Preservation Officer City of Aspen
Blake Fitch /Parking Department Manager City of Aspen
Brian Pettet /Public Works Director Pitkin County
Tom McCabe /Housing Authority APCHA
Tricia Aragon /Engineering Department City of Aspen
Bentley Henderson /Asset Management City of Aspen
Jeff Woods /Parks Department City of Aspen
Ed ValWalraven /Fire Marshall AFPD
Jodi Smith /Facility Manager Pitkin County
Temple Glassier /Asset Manager Pitkin County
Gerald Fielding /County Engineer Pitkin County
Tom Oken /CFO Pitkin County
Lance Clarke /ComDev Pitkin County
Chris Bendon /ComDev City of Aspen
1000 N. Third St., Aspen Institute (area of seminar buildings): Pazcel Id: 273512129809,
Legal Description: ASPEN MEADOWS, LOT 1 B.
Staffs interpretation, issued on February 20, 2008, was that Ordinance #48 does indeed
apply to development on the entirety of Lots lA and Lot1B. We explained that the
pazenthetical comments, noting buildings in the vicinity, were simply meant to provide a
reference point. In addition, we named at least two instances during the development of
Ordinance #48 when it was clarified to the Institute that the regulations being established for
potential historic resources were intended to apply to their entire site. (Please refer to Exhibit
C for the interpretation request, and Exhibit D for the full interpretation prepared by
Community Development.)
During discussions of the interpretation described above, the Institute indicated their belief
that, to the extent Ordinance #48 would be applicable to their property, they expected to
proceed with planned work after volunteering to participate in anon-binding review by the
Aspen Historic Preservation Commission.
Staff disagreed that anon-binding HPC review is a channel to proceed with work subject to
Ordinance #48, and felt that the best way to address the difference of opinion would be to
create a second code interpretation, issued on Mazch 24, 2008. Staff s interpretation was that
an owner who elects to proceed with planned work after a review by the Historic
Preservation Commission may only do so if the HPC approves the subject project. The
specific language of the code section in question reads:
"An owner may volunteer to have any proposed work be reviewed by the Historic
Preservation Commission pursuant to the procedures and limitations of Chapter
26 415 of the Municipal Code and if the work is found by HPC to be in conformance
with the "City of Aspen Historic Preservation Guidelines." an application for building
permit shall be issued." (emphasis added)
Please refer to Exhibit E for the interpretation request, and Exhibit F for the full
interpretation prepared by Community Development. The Aspen Institute's request to appeal
the code interpretations is attached as Exhibit G.
CODE INTERPRETATIONS VS. CODE AMENDMENTS:
The question in a code interpretation is what does the code say? On occasion, applicants
seek a code interpretation because they believe the code should say something else. The
code amendment process is the proper venue for the question what should the code say?
STANDARDS OF REVIEW:
1. Due Process -With respect to due process, as required by the Land Use Code, a notice of
tonight's meeting was published in the newspaper. (Please see Exhibit H.) Staff was late in
providing the applicant with a copy of the notice by registered mail. The applicant waived
the mailed notice, preferring to proceed on April 28~' as planned, rather than asking staff to
re-notice. (Please see Exhibit I.) Staff believes therefore that proper due process has been
provided to the appellant.
2
2. Jurisdiction -The Director's jurisdiction to interpret the Land Use Code is established in
Chapter 26.210 of the City of Aspen Land Use Code. This Chapter outlines the jurisdiction,
authority, and duties allocated to the Community Development Director. One of the
Director's duties outlined in the Chapter reads: "To render interpretations of this Title or the
boundaries of the Oj~cial Zone District Map pursuant to Chapter 26.306. " Staff believes
this language is clear and it does not appear that the applicant is questioning this provision of
the code.
3. Discretion -With respect to abuse of the Director's discretion, the Director did need to
use his discretion in rendering the interpretation. The question is whether the Director
abused that discretion or acted unethically.
In analyzing the code, it was cleaz to the Director that throughout the creation of Ordinance
#48, there was an intention to provide "protection" and to "prevent the loss (and) limit the
detrimental effect of development," on potential historic resources. There were several
lengthy and heavily covered public meetings during which the concept of a list, and the
implications of being on the list, were discussed. The Aspen Institute participated in that
process and presented their objections to City Council, who did not elect to amend the
ordinance in response.
The Director concluded that, with regard to the questions raised by The Aspen Institute, the
resources were clearly named, and mandatory processes were established to screen any work
that could have a negative result.
TWO RESOLUTIONS:
Attached are two Resolutions. One finds that the Director acted correctly and affirms the
interpretation. The second finds that the Director exceeded his jurisdiction, abused his
authority, or failed to provide due process and reverses the interpretation.
RECOMMENDATION:
Staff believes the Director's interpretation was rendered ethically and that no abuse of
authority or exceeding of jurisdiction occurred. Staff recommends City Council uphold
the Director's interpretation by adopting the proposed Resolution affirming the
interpretation. If the City Council finds the Director did not act correctly, City Council will
need to render an interpretation of the land Use Code. This may be more or less restrictive
that the interpretation rendered by the Director.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION: (all mOtlOns must be made in the positive)
"I move to approve Resolution No. ,Series of 2008, [affirming or reversing] the
Community Development Director's inte elation of Land Use Code Section 26.415.025."
3
ATTACHMENT~~~S~~~~~~n,,,(((~~~
RESOLUTIONSERIES OF 2008 (AFFIRMING, OR REVERSING THE COMMUNITY
DEVELOPMENT DI CTOR~S INTERPRETATION)
Exhibit A -Land Use Code Section Regazding Appeals
Exhibit B -Ordinance #48, Series of 2007 (contains Section 26.415.025)
Exhibit C -Interpretation request from Jim Curtis, dated January 29`h, 2008
Exhibit D- Interpretation dated February 20`s, 2008
Exhibit E- Email from Jim Curtis (basis for second interpretation), dated Mazch 5`h, 2008
Exhibit F- Interpretation dated Mazch 24th, 2008
Exhibit G- Appeal letter from Jim Curtis, dated Mazch 3rd, 2008
Exhibit H -Affidavit of notice
Exhibit I- Applicant's waiver of mailed notice requirement
Exhibit J- Council minutes of November 12, 2007
RESOLUTION NO.~(Affirming Decision)
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING
INTERPRETATIONS OF THE LAND USE CODE MADE BY THE
COMMUNITY DEVELOPMENT DIRECTOR ON FEBRUARY 20, 2008 AND
MARCH 24, 2008, REGARDING SECTION 26.415.025
WHEREAS, the Community Development Director received from The Aspen
Institute a request for a interpretation of the Land Use Code regazding Section
26.415.025; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director
rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the
Interpretation of the Director or modify or reverse the Interpretation upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from The Aspen Institute and/or representatives and the Community
Development Director and has found that the Director provided due process and neither
exceeded his jurisdiction or abused his authority in rendering the Interpretation; and,
WHEREAS, the City of Aspen City Council fmds that this Resolution fixrthers and
is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the
Community Development Director's Interpretations of the Land Use Code made on
February 20, 2008 and Mazch 24, 2008, regazding Section 26.415.025.
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
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 sepazate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Resolution No. ,Series of 2008. Page 1
APPROVED by the Aspen City Council on
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
Zoos.
Michael C. Ireland, Mayor
Resolution No. ,Series of 2008. Page 2
RESOLUTION N0.~, (Reversing Decision)
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL AND REVERSING THE INTERPRETATIONS OF THE COMMUNITY
DEVELOPMENT DIRECTOR ON FEBRUARY 20, 2008 AND MARCH 24, 2008,
REGARDING SECTION 26.415.025
WHEREAS, the Community Development Director received from The Aspen
Institute a request for a interpretation of the Land Use Code regarding the content of
Section 26.415.025; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director
rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the
Interpretation of the Director or modify or reverse the Interpretation upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from The Aspen Institute and/or representatives and the Community
Development Director and has found that the Director either exceeded his jurisdiction,
abused his authority, or did not provide due process in rendering the interpretation; and,
WHEREAS, the City of Aspen City Council fmds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council approves the appeal of
the Community Development Director's interpretations of Section 26.415.025 and
reverses the decision as follows:
This Resolution shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
Resolution No. ,Series of 2008. Page 1
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 by the Aspen City Council at its regular meeting on , 2008.
ATTEST:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
Resolution No. ,Series of 2008. Page 2
v` 1 k~ 1 ~" J"~
Chapter 26.316
APPEALS
Sections:
26.316.010 Appeals, purpose statement.
26.316.020 Authority.
26.316.030 Appeal procedures.
26.316.010 Appeals, purpose statement.
The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth
Management Commission, the Planning and Zoning Commission, and City Council to heaz and decide
certain appeals and to set forth the procedures for said appeals. (Ord. No. 17-2002 § 2 (part), 2002)
26.316.020 Authority.
A. Board of Adjustment The Board of Adjustment shall have the authority to hear and decide the
following appeals:
1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission
or Historic Preservation Commission.
B. City Council. The City Council shall have the authority to hear and decide the following appeals:
1. An interpretation to the text of this title or the boundaries of the zone district map by the
Community Development Director in accordance with Chapter 26.306. An appeal ofthis nature
shall be a public meeting.
2. Any action by the Historic Preservation Commission in approving, approving with conditions,
or disapproving a development application for development in an "H,", Historic Overlay
District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting.
3. The scoring determination of the Community Development Director pursuant to Chapter
26.470. An appeal of this nature shall be a public meeting.
4. The allocation of Growth Management Allotments by the Planning and Zoning Commission
pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting.
5. Any other appeal for which specific authority is not granted to another boazd or commission as
established by this title. An appeal of this nature shall be a public meeting.
C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the
authority to heaz and decide an appeal from an adverse determination by the Community Development
Director on an application for exemption pursuant to the growth management quota system in
accordance with Section 26.470.060(D).
City of Aspen Land Use Code.. August, 2007.
Part 300, Page 35
D. Administrative Hearing Officer. The Administrative Hearing Officer shall have the authority
to heaz an appeal from any decision or determination made by an administrative official unless
otherwise specifically stated in this title.
(Ord. No. 17-2002 § 2 (part), 2002; Ord. No. 27-2002 § 23, Ord. No. 12-2007; 2002)
26.316.030 Appeal procedures.
A. Initiation. Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the city office or
department rendering the decision or determination within fourteen (14) days of the date of the decision
or determination being appealed. Failure to file such notice of appeal within the prescribed time shall
constitute a waiver of any rights under this title to appeal any decision or determination.
B. Effect of filing an appeal The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the Community Development Director certifies in
writing to the chairperson of the decision-making body authorized to hear the appeal that a stay poses
an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The
chairperson of the decision making body with authority to hear the appeal may review such
certification and grant or deny a stay of the proceedings.
C. Timing of appeal. The decision-making body authorized to heaz the appeal shall consider the
appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is
practical under the circumstances.
D. Notice requirements. Notice of the appeal shall be provided by mailing to the appellant and by
publication to all other affected parties. (See section 26.304.060(E)).
E. Standard of review. Unless otherwise specifically stated in this title, the decision-making body
authorized to hear the appeal shall decide the appeal based solely upon the record established by the
body from which the appeal is taken. A decision or determination shall be not be reversed or modified
unless there is a finding that there was a denial of due process, or the administrative body has exceeded
its jurisdiction or abused its discretion.
F. Action by the decision-making body hearing the appeal. The decision-making body hearing the
appeal may reverse, affirm, or modify the decision or determination appealed from, and, ifthe decision
is modified, shall be deemed to have all the powers of the officer, board or commission from whom the
appeal is taken, including the power to impose reasonable conditions to be complied with by the
appellant. The decision-making body may also elect to remand an appeal to the body that originally
heazd the matter for further proceedings consistent with that body's jurisdiction and directions given, if
any, by the body hearing the appeal. The decision shall be approved by written resolution. All appeals
shall be public meetings.
(Ord. No. 55-2000, §§ 4, 5; Ord. No. 27-2002 § 24, Ord. No. 12-2007, 2002)
City of Aspen Land Use Code. August, 2007
Part 300, Page 36
__.. ___~
ORDINANCE N0.48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK STTES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmazk Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmark eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepaze fttrtheramendments tothehistoric preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which aze at least 30
years old and which, in staff's opinion aze associated with architectural styles and historical
trends which represent Aspen's first one hundred years of history, most particularly Aspen's
development since World Waz II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval of the pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described
herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to consider
the proposed amendments to the above noted Chapter and Section on October 2, 2007, took
and considered public testimony and the rewmmendation of the Community Development Di-
rectorand recommended, by a 3-1 vote, City Council adopt proposed amendments to the land
use code by amending the text of the above noted Chapters and Sections of the Land Use
Code; and,
WHEREAS, the geographical area of the City of Aspen east of Castle Creek and
south of the Roaring Fork River substantially defines the perceived character of Aspen's built
environment and the buildings in this area aze visibly accessible and can be appreciated by the
general public; and,
WHEREAS, multi-family buildings aze typically owned by multiple parties and are
subject to heightened development exactions upon demolition and are, therefore, less likely
than other types of buildings to be demolished in the near future; and,
Ordinance #48, Series 2007
Page 1
WHEREAS, the City Council fords that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inns entirety Section 26.415.035, Designation of Historic Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
Section 2: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List's is to prevent the loss of buildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, architectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time period that the City is undertaking revisions to the Historic Preservation Program. Pre-
serving and protecting historic resources promotes the public welfare by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toricResources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List. The List shall be maintained and made available to the general pub-
lic by the Community Development Department.
C. Amendments to the List of Potential Historic Resources. No properties shall be added
to the List of Potential Historic Resources by the City of Aspen for the effective period of Or-
dinance No. 48, Series of 2007, while the City is undertaking an evaluation of the historic
preservation progazn and a Citizen Task Force chazged with making recommendations is in
operation. Properties may be removed from the List pwsuant to Section 26.415.025.E. If the
primary structure(s) on any property identified on the List of Potential Historic Resources have
been destroyed by an act of God or are otherwise declazed unsafe and ordered demolished by
the Chief Building Official, the property shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources no alterations shall be undertaken by the property owner and no building
permits or land use applications for alterations, demolition or other similaz development activ-
itythat substantially alters the Potential Historic Resource may be accepted by the Community
Development Department except as permitted pursuant to the provisions of Section
26.415.025.E.
Ordinance #48, Series 2007
Page 2
Exempt from this restriction shall be alterations, land use applications, and building permits
limited to interior remodeling, paint color selection, exterior repainting or replastering similaz
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rior alterations which are determined by the Community Development Director to be mini-
mallyintrusive orreversible work that does not diminish the historic character of the property.
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section.
An owner may volunteer to have any proposed work be reviewed by the Historic Preservation
Commission pursuant to the procedures and limitations of Chapter 26.415 of the Municipal
Code, and if the work is found by HPC to be in conformance with the "City of Aspen Historic
Preservation Guidelines," an application for building permit shall be issued. Work undertaken
in conformance with the International Building Code provisions for emergency repairs, assum-
ingthat the repair matches the surrounding exterior materials and character to the extent prac-
ticable, shall be exempt from this Section.
E. Ninety-Day Negotiation Period. For those properties identified on the List of Potential
Historic Resources, building permits and land use applications for alterations, demolition, re-
development, orother similar development activity that substantially alters the Potential His-
toric Resource shall be accepted by the Community Development Department. Only complete
Land Use applications, as determined by the Community Development Director, shall be ac-
cepted. Aletter from the property owner indicating anunderstanding ofthisninety-day nego-
tiationperiod shall accompany the building permit or land use application. Upon acceptance,
the building permit or land use application maybe reviewed, but shall not be issued, fora pe-
riod of ninety days to allow for a period of negotiation regazding the preservation of the Re-
source. This period may be extended an additional thirty (30) days upon a resolution adopted
by a majority of the Council.
Within the ninety-day negotiation period, the following shall occur:
1. The Community Development Director shall offer to meet with the property owner to
discuss the City's Historic Preservation Program and development and other benefits
that the property maybe eligible to receive upon designation as a Historic Landmark.
2. The Community Development Director shall confer with the Historic Preservation
Commission, during a public meeting, regarding the proposed building permit and the
nature of the Potential Historic Resource. The property owner shall be provided no-
tice of this meeting with the Historic Preservation Commission.
3. The Community Development Director shall confer with the City Counci] regarding
the proposed building permit, the nature of the Potential Historic Resource, and the
staff and Historic Preservation Commission's assessment of the Resource and the ef-
fects ofthebuilding permit upon the Resource. The property owner shall be provided
notice of this meeting with the City Council.
Ordinance q48, Series 2007
Page 3
4. The City Council may negotiate directly with the property owner or may choose to di-
rectthe Community Development Director, or other City staff as necessary, to negoti-
atewiththe property owner to reach a mutually acceptable agreement for the preserva-
tion ofthe Resource. The City Council may choose to provide this direction in Execu-
tive Session, pwsuant to State Statute. As part of the mutually acceptable agreement,
the City Council shall require that the property be designated as a Historic Landmark,
pursuant to the standards and limitations of Section 26.415.030, Designation of His-
toric Properties. As part of the mutually acceptable agreement, the City Council may
choose to require the affected building permit or land use application be withdrawn by
the property owner.
5. ]f, upon the passage of 90 days or any extension thereof, the City and the property
owner have failed to reach a mutually acceptable agreement, affected building permits
shall be reviewed and shall be issued upon compliance with all applicable building
codes. Affected land use applications shall be reviewed and shall be issued a Devel-
opment Order upon compliance with all applicable provisions of the City of Aspen
Land Use Code. The City Council, at its sole discretion, may choose to terminate ne-
gotiations at any time and allow the permit or land use application to be reviewed.
Nothing herein shall prevent the City from reviewing building permits or land use applications
during the ninety-day period.
If, in the opinion of the Community Development Director after completion of a building per-
mitissued pursuant to this Section, the Potential Historic Resource has been demolished or so
altered as to render the property no longer a Potential Historic Resowce, the Community De-
velopment Director shall remove the property from the List of Potential Historic Resowces.
F. Procedure to Confirm a Property is not included on the List of Potential Historic
Resources. To request confirmation that a property is not included on the List of Potential
Historic Resowces, a property owner may submit a request to the Community Development
Department. The request shall include the name and address of the property owner and any
authorized agent acting on behalf of the owner. The confirmation letter shall be in a record-
able format and indicate whether the subject property is on the List of Potential Historic Re-
sources, shall include a current copy ofthe List of Potential Historic Resowces, ar~d shall con-
firm that the property is exempt from the procedures and limitations of this Chapter for the
effective period of Ordinance No. 48, Series of 2007, while the City is undertaking an evalua-
tion ofthe historic preservation program and a Citizen Task Force charged with making rec-
ommendations is inoperation. For structwes between thirty (30) and forty (40) old, the con-
firmation letter shall also exempt the property from the procedures and limitations of this
Chapter for a period of one (1) yeaz after the date of amendments to Chapter 26.415 adopted in
response to the Citizen Task Force recommendations. The confirmation letter shall not create
or constitute a vested right. Confirmation requests maybe assessed an administrative review
fee. An owner of the subject property aggrieved by the Community Development Director's
determination may appeal the decision to the City Council pwsuant to Chapter 26.316, Ap-
peals.
Ordinance #48, Series 2007
Page 4
G. Voluntary Designation. The Ciry Council, the Historic Preservation Commission
and the Community Development Director may not initiate an application for designation
unless the property owner consents to designation for the effective period of Ordinance 48,
Series of 2007. An owner of a property identified on the List of Potential Historic Resowces
who consents to Historic Designation may request the Community Development Director ini-
tiate anapplication for designation pwsuant to Section 26.415.030, Designation of Historic
Properties. An owner of the subject property who consents to designation may concurrently
submit any proposed redevelopment plans to be reviewed according to Chapter 26.415.
H. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resowces, including purposeful removal, change or damage
to any exterior materials, featwes, portions of a building, or structwal members of a building
shall be subject to the penalties established in Section 26.415.140, Penalties. T'he Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resowces aze required to receive rea-
sonablecare, maintenance and upkeep as described in Section 26.4 ] 5.100, Demolition by Ne-
glect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to a Development Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
Section 3. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Departrnent alternate or additional addresses for this information to be
mailed. (As opposed to or in addition to the address on file with the Pitkin County Assessor's
Office.)
SeMion 4. Ett'ect on Er,isting Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pwsuant to Ordinance No. 30, Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-year
period from their issuance date.
Section 5. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
Ordinance #48, Series 2007
Page 5
• The criteria upon which designation applications aze judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20°i century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
The City shall not proceed with property designations without owner consent until the Policy
Task Force has made their recommendations and the City Counci] has considered proposed code
changes.
Section 6. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, research papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section 7. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms are used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance.
Fre-Apphcation Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staffor review Boards shall not constitute a complete
application or any other official status. Applications submitted after the effective date of this
ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended.
Section S. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 9. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 10. Notice
A public hearing on the ordinance was held on November 12, 2007, continued to November 26,
2007, and continued to December 10, 2007, in the Ciry Council Chambers, Aspen City Hall,
Aspen, Colorado, fiftcen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
Ordiaaace #48, Series 2007
Page 6
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22"d day of October, 2007.
Michael C. Ireland, Ma or
ATTEST:
;~
Kathryn Kqy ,City Clerk
FINALLY, adopted, passed and approved this NK~ay of U~, 2007.
,~ ~
' 2-~/-~
cha C. Ireland, M or
ATTEST:
Kathryn Ko ,City Clerk
APPROVED AS TO FORM:
,.~-.--
Jim True, Special Counsel
Ordinance #48, Series 2007
Page 7
EXHIBIT A
ORDINANCE #48, SERIES OF 2007
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK 65,
114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Pazcel Id: 273512437012; 273512437011. Legal Description: BLOCK 65,
HOGUET CONDOMINIUMS.
408 E. Cooper Ave: Aspen Sports Parcel Id:2737-182-16-009, Legal Description: BLOCK
89, LOT PART OF L&M.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
333 E. Durant Ave., Mountain Chalet: Pazcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK
63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63
PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF THE S W4 OF
SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85 SAID PARCELS
DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT ELY OF THE
W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03' 19"E 42.21
FT TH N 7 DEG 19'05 "E L 12.35 FT TH S 70 DEG 18' 15 "E 286.57 FT TH S 6 DEG 18'51 "W
103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21 "E 52.10 FT TH S 23 DEG
21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75
DEG 09' 11"W 288.99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT
TO THE POB.
210 W. Francis Ave: Pazcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q.
621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description: BLOCK
22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Pazcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Pazcel Id: 273 5 1240901 1, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
215 N. Garmisch St., Yellow Brick: Pazcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
Ordinance #48, Series 2007
Page 8
233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273513119002, Legal Description: BLOCK
9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal Descrip-
tion: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A - C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART K,
L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES
KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT
FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT.
122 W. Hopkins Ave: Pazcel Id: 273 5 1 245 5 004, Legal Description: BLOCK 59, LOTS M &
N.
129 E. Hopkins Ave: Pazcel Id: 273 5 1 24 5 8004, Legal Description: BLOCK 68, LOTS G - I.
211 W. Hopkins Ave: Parcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F &
G.
100 E. Hyman Ave., Chalet Lisl: Pazcel Id: 273512458005, Legal Description: BLOCK 68,
LOTS K - M.
322 W. Hyroan Ave: Pazcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N &
O.
334 W. Hyman Ave., St. Moritz: Pazcel Id: 273 5 1 2464004, Legal Description: ST MORITZ
LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Pazcel Id: 273718212003, Legal Description: BLOCK 99, LOT K 8c L.
610 E. Hyman Ave: Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Parcel Id: 273718212007, Legal Description: BLOCK
99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 273 7 1 82 1 1 008 THROUGH
273718211019; 27371 821 1 02 1 THROUGH 273718211031, Legal Description: BLOCK 104,
ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
Ordinance 1148, Series 2007
Page 9
120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY 20
FT OF LOT M, ALL OF LOTS N & O BLOCK 66 8c SLY 10 FT OF VACATED ALLEY
ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Parcel Id: 273512440010, Legal Description: BLOCK 51,
LOTS R & S.
220 E. Main St., Cortina Lodge: Pazcel Id: 273707320707, Legal Description: BLOCK 73,
LOTS P&Q.
420 E. Main St: Parcel Id: 273707322801; 273707322014; 273707322015, Legal Description:
BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Stationllocal'scomer: Pazcel Id: 273707330005, Legal Description:
BLOCK 87, LOTS E - I.
630 W. Main St., Mountain Rescue: Parcel Id: 273512444805, Legal Description: BLOCK
24, LOT M.
730 W. Main St., Hickory House: Pazcel Id: 273512445004, Legal Description: BLOCK 18,
LOTS M - P.
745 Meadows Rd: Pazcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDNISION.
765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description: BLOCK
80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal Description:
BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
411 Pearl Ct: Pazcel Id: 273 5 12 1 1 0002, Legal Description: BLOCK 101, LOTS 7 & 8 & A
STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE HALF OF
THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION.
434 Pearl Ct: Pazcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
850 Roaring Fork Rd: Pazcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDNISION.
Ordinance #48, Series 2007
Page 10
500 West Smuggler St: Pazcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Pazcel Id: 273512212001, Legal Description: BLOCK 3, LOT A - I.
300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal Descrip-
tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS.
219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Pazcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 & 10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho-
sier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal Description:
ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809,
Legal Description: ASPEN MEADOWS, LOT 1 B.
1280 Ute Ave., Benedict Building: Parcel Id: 273718156001 thru-003; 273718156005 thru-
020; 273718156023 tltru -034; 273718156036; 273718156129; 273718156131;
273 7 1 8 1 5 6804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Pazcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 2737] 8266001, Legal Description: LOT 14, CALDERWOOD
SUBDIVISION.
Ordinance #48, Series 2007
Page 11
MEMORANDUM
TO: Aspen City Council
Chris Bendon, Aspen Community Development Director
FROM: Amy Margerum, Executive Vice-President, Operations, The Aspen Institute
DATE: January 29, 2008
RE: Ordinance #48 & Exhibit A Interpretation
The Aspen Institute Property
The Aspen Institute requests aninterpretation/clarification of the recently adopted
Ordinance #48 & Exhibit A as it pertains to the Aspen Institute property. This request for
interpretation is made under Municipal Code Section 26.306.
Exhibit A of Ordinance #48 lists the Aspen Institute property as Lot lA & Lot 1B,
Aspen Meadows. The total property is approximately 40 ac. & Exhibit A further
describes Lots lA & 1B as follows:
• Lot IA as "area of Trustee Townhomes, Health Club, Doerr-Hosier, Restaurant,
Sculpture & Gardens."
• Lot 1B as "area of seminar buildings."
The Community Development Office is interpreting Exhibit A of Ordinance #48
to be "all inclusive" encompassing the tota140 acres of Lots lA & 1B, including all
buildings and grounds. As we have stated verbally and in writing prior to this, the Aspen
Institute feels this interpretation is overreaching and is not consistent with the written
language of Exhibit A, i.e. Lot lA is further described as "area of Trustee Townhomes,
Health Club, Doerr-Hosier, Restaurant, Sculpture & Gardens" and Lot 1B is further
described as "area of seminar buildings."
The Aspen Institute further feels that having Ordinance #48 apply to the tota140
acres and all buildings and grounds creates an hardship on the Institute's operations and
maintenance of the property. For example, over the past 2 years, the Institute has been
upgrading the grounds and buildings signage on the property to make it more attractive,
readable and uniform. The "all inclusive" interpretation of Ordinance #48 would require
that each new sign be approved by the Community Development Office. An even more
burdensome example is each spring the Institute typically reseeds areas that have been
damaged by winter plowing. Again, under the "all inclusive" and a strict interpretation of
AspC ityCounci IMemoOrdinancek48
Ordinance #48 would require all reseeding be approved by the Community Development
Office.
The Aspen Institute is NOT OPPOSED to specific meritorious buildings and
grounds being designated Historic, but is strongly opposed to designating buildings and
grounds which are clearly not historic and which the City is not consistently applying to
other properties in town. Designating the tota140 acres Historic creates unnecessary
hardships on the operations and maintenance of the property. The Aspen Institute is
supportive of the following Historic designations:
Lot lA -Reception Center/ Restaurant, Health Center, and Marble Garden
Grounds and Sculptures.
Lot 1B - Paepcke Building, Koch Building, Boettcher Building, and Anderson
Park Grounds.
Secondarily, the Institute would like to point-out the following additional
deficiencies/inaccuracies in Exhibit A, Ordinance #48.
Neither the Benedict Music Tent nor the Harris Concert Hall nor the MAA
property is designated in Exhibit A. This would be Lot 2, Aspen Meadows
Subdivision, while both the Aspen Institute and Aspen Center for Physics
properties are designated in Exhibit A. The Aspen Institute finds this to be
extremely inconsistent and in-explainable.
2. The Aspen Meadows Townhomes are described as being on Lot lA, Aspen
Meadows Subdivision, in Exhibit A. This is incorrect. The Aspen Meadows
Townhomes are located on Lot 5, Aspen Meadows Subdivision, and consists of 11
twnhomes of which only 2 are owned by the Aspen Institute. The others are
owned by private individuals.
The lodging rooms were completely torn down and re-built and thus should not be
designated historic. This is also true with the brand new Doerr-Hosier Center.
Again, we fail to understand why you would designate these new building and not
the Music Tent facilities or Harris Hall.
In advance, the Aspen Institute looks forward to the City Council discussion on
this matter.
cc: Jim Curtis, Owner Representative -The Aspen Institute
AspCiTyCouncilMemo0rdinance#48 2
~~ik~
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION:
APPLICABLE CODE SECTIONS:
City of Aspen
26.415.025, Potential
Resources
EFFECTIVE DATE:
WRITTEN BY:
February 20, 2008
Amy Guthrie,
Historic
Historic Preservation Officer
APPROVED BY: Chris Bendon,
Date: Februazy 20, 2008 Community Development Director
COPIES TO: City Attorney, City Planning staff
SUMMARY:
.This Land Use Code interpretation clarifies the meaning of Aspen Municipal Code
Section 26.415.025, Potential Historic Resources. The interpretation request was filed by
Amy Margerum, Executive Vice President, Operations, The Aspen Institute. Ms.
Mazgerum references Ordinance #48, Series of 2007, which established the subject code
section, and included an exhibit identifying affected property by address and legal
description. Property owned by the Institute is identified in Ordinance #48 as follows:
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Pazcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
The Institute objects to Community Development Staff's interpretation that the entirety
of Lots lA and IB are subject to Section 26.415.025.
BACKGROUND: City Council held numerous public heazings to discuss the adoption
of Ordinance #48, Series of 2007. This Ordinance created new regulations to address
Aspen properties that do not currently have historic landmazk protection, but aze believed
to be "Potential Historic Resources." A list of affected properties, by address and legal
description, was made available to the public starting on September 26, 2007.
Ordinance #43 is expected,to terminate once an appointed Task Force makes new policy
recommendations to City Council. Meanwhile, affected properties may not proceed with
1
alterations unless the work is approved by Staff or HPC, or the owner enters into a
negotiation process with City Council to discuss preservation options. The Aspen
Institute currently proposes alterations to Paepcke Auditorium and will volunteer for
designation and HPC review. They have expressed unwillingness to have HPC review an
adjacent project, installation of a permanent tent next to the Koch Seminaz building. This
appeazs to be the impetus for the code interpretation request.
DISCUSSION
On Exhibit A to Ordinance #48, the property description provided for each Institute
parcel includes a pazenthetical note. For Lot lA, the note states "area of Trustee
Townhomes, Health Club, Doerr Hosier, Restaurant, Sculpture and Gardens" and for Lot
1B it reads "azea of seminaz buildings." This additional information was meant to serve
as a reference point, since few people would understand the distinction between Lot lA
and Lot 1B. It was not intended to narrow the affected azea.
In all cases on Exhibit A (and in fact almost without exception in Aspen's historic
preservation program) the entire boundazy of a property is used when applying
regulations. Staff was clear in stating this intention with regazd to the Aspen Institute
property. Immediately after the research to develop "Exhibit A" was completed-and the
document was distributed to the public, staff sent letters to all affected property owners.
Staff contacted Amy iviazgerum of the Aspen Institute on this topic via email on
September 27, 2007, because of the high historic value of the campus. Staff was clear
that the goal was to protect the entire campus, not just isolated areas of the property.
(Email attached.)
Ms. Mazgerum attended the November 12`" City Council hearing on Ordinance #48.
During comment, she asked staff directly if the intention was to designate the whole site.
The meeting minutes state:
Amy Margerum representing the Aspen Institute noted the Aspen Institute
is under an approved master plan which provides for historic review. Ms.
Mazgerum asked if the grounds as well as the buildings are under this
ordinance. (Note that this was confirmed at the hearing, acknowledged by
both Ms. Mazgerum and Mayor Ireland. Tape available from the City
Clerk's office.) Ms. Margerum told Council the Institute has gone through
reviews with the HPC and the end result was a better project. Ms
Margerum said if the city is going to add properties to the historic list
Council has to ask management to look into the time and money it takes to
go through the HPC process it is onerous and costly especially fora non-
profit organization. Ms. Guthrie said the grounds of the Institute aze not
protected. Ms. Margerum stated she is vehemently opposed to designating
the grounds of the Institute
While City Council made amendments to Exhibit A at the heazings that led to the final
adoption of Ordinance #48, they did not make any amendment relative to the Aspen
Institute. The Institute is appazently opposed to designation of the property as a whole,
2
however the topic of a code interpretation is not what should the code state, but what
does it state.
The interpretation request raises side issues, such as the level of review that might result
from landmark designation. Ordinance #48 is not landmark designation. For properties
that do achieve that status, the existing Historic Preservation Ordinance explains which
actions require review and which aze exempt. Areas of appazent concern to this property
owner include signs, which are a type of work that generally needs a staff sign off. Staff
and HPC do not review reseeding of grass or similaz forms of basic maintenance.
The applicant also inquires why the MAA pazcel was not included in Ordinance #48. In
terms of structures, this site does not contain any that have been identified as historically
significant yet (both the tent and Harris Hall are recent construction). To fully address
the historic qualities of the entire Meadows area, the MAA pazcel should be discussed for
designation as the Task Force effort moves forward.
Staff s opinion, as reflected in the writing of Ordinance #48, Series of 2007, is that a
great deal of the historic and architectural significance of the Aspen Institute property is
the integrity of the campus as a whole. While it is a large parcel, there is precedence for
regulating the preservation of an area of this size; for instance the downtown historic
district is approximately 3 i acres. it is very important to provide formal Historic
Preservation Commission review for work that affects the landmark structures at the
Institute, as well as proposed new construction, which, if not thoughtfully evaluated,
could disrupt or destroy historic value.
INTERPRETATION
Staff' s interpretation is that the entirety of the properties listed below are affected
by Ordinance #48. The parenthetical comment is provided for reference only.
Comments shown in parentheses aze generally understood to be amplifying words,
independent of the surrounding grammatical structure.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr
Hosier, Restaurant, Sculpture and Gardens: Pazcel Id: 273512129008, Legal
Description: ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id:
273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B.
APPEAL OF DECISION
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed. with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
3
Message
Amy Guthrie
From: Margerum, Amy [amy.margerum@aspeninst.org]
Sent: `Friday, September 28, 2007 1:37 PM
To: Amy Guthrie
Cc: Chris Bendon; Sara Adams; Perry, Allisdn; Jim Curtis
Subject: RE: Changes to historic designations
Page 1 of 2
Amy: Thank you for sending me this information. I will ask Allison to put the two
dates on my calendar so we can be part of the process. Can you let her know the
times? (October 2nd is awfully close...hope I can make it!) .
As you mention, we do give HPC a courtesy review of many of the projects,
however, we are not keen on having our landscaping and grounds under the
purview of HPC. It is costly and cumbersome for us and I do not think it is
appropriate for HPC to get into this area. We are running a major conference
center and it is not public land...we need the flexibility to use our grounds ih ways
that work for our business, which often changes on a daily basis.
We have a Master Plan which dictates the flavor and the uses"on-the site and I
believe we have been quite sensitive to the historic nature of the property and in
keeping with that Plan. It is the Plan which should dictate the feel of the overall
property. Right now at least I have no sense of any consistent guidelines or rules
for our property that various staff and commissioners might impose upon us.
I would also ask that during this review you really explore ways of making the
process cheaper and easier on owners. The time it takes is very difficult given our
seasonal nature and it seems the biggest incentive of all for us to be historically
designated would be fo.r you to try and make decisions quickly and without a huge
financial burden on us. Scheduling for HPC is .often months out and I always have
to hire consultants and planners to prepare the applications.
I look forward to workirig with you on this program.
All the best,
Amy
-----Original Message-----
From: Amy Guthrie [mailto:amyg@ci.aspen.co.us]
Sent: Thursday, September 27, 2007 4:29 PM
To: Margerum, Amy
Cc: Chris Bendbn; Sara Adams
Subject: Changes to historic designations
Hi Amy- I don't know how much you have been following the discussion about the City
~n cnnnQ
Message
Page 2 of 2
preventing any alterations to buildings at least 30 years old until it has been determined
whether or not they have historic significance (Ordinance #30.) You may know that ,
Council has directed our office to narrow the scope of the Ordinance so that, instead of
applying to everything at least 30 years old, the law would only apply to a specific list of
properties that our staff feels are potentially eligible landmazks. We have created the list
and released it at the HPC meeting last night. It will be published in the paper shortly and
we aze sending out letters to the affected property owners to let everyone know this is under
discussion. P&Z will look at this on Oct. 2nd and City Council will have a major
discussion on Oct. 22nd.
I wanted to give you notice that the list includes the concept of designating the whole
Institute Campus. Pretty much every landmazk site we have in the City right now was
adopted based on the legal description of the entire property, so that HPC has purview over
the setting of the historic building. The Institute fought that concept 12 or so years ago and
Council agreed to just name specific structures (i.e. Townhomes, Health Club, Restaurant,
Marble Gazdens and other Bayer landscapes.) Our concern with this is twofold. First, there
aze a number of other important resources at the Institute (i.e. the Fuller dome, the
Kaleidoscreen, Paepcke Auditorium, Koch, and Boettcher) that have no formal protection.
Second, the setting, landscape, and campus nature of the property is part of the most
important aspect of its historic significance.
Again, you will get more info in the mail, but I want to be sure you know what is going on
asap. Happy to discuss with you. Changing the designation to cover the campus as a whole
would mean HPC would have purview over any significant landscape changes as well as
any new structures. You have generally offered that as a courtesy in the past anyway.
Amy Guthrie
City of Aspen Historic Preservation Officer
130 S. Galena Street
Aspen, CO 81611
(p) 970-429-2758 (t7 970-920-5439
www.aspenpitkin.com
Page 1 of 2
~,I~t~~ i
Amy Guthrie
From: Perry, Allison [Allison.Perry@aspeninst.org] on behalf of Margerum, Amy
[amy. margerum@aspen inst. org]
Sent: Tuesday, March 04, 2008 2:26 PM
To: Chris Bendon; Jennifer Phelan; John Worcester; Amy Guthrie
Cc: 'Jim Curtis'; Margerum, Amy
Subject: Ordinance #48
MEMORANDUM
To: Chris Bendon, Aspen Community Development Director
John Worcester, Aspen City Attorney
FROM: Amy Margerum, Executive Vice-President Operations
The Aspen Institute
DATE: March 5, 2008
RE: Greenwald Pavilion Tent
Specially Planned Area (SPA) Amendment Application
Dated December 20, 2007
The Aspen Institute voluntarily agrees to have the Historic Preservation Commission
(HPC) review the above application pursuant to Chapter 26.440 "Specially Planned
Areas" (SPAS) of the Code. Under Chapter 26.440 SPAS, it is my understanding the HPC
review of the application will be as a "referral and recommending" entity to Aspen City
Council in Council's SPA review of the application. Under the SPA review, the Aspen Institute looks
forward to the HPC discussion and would like to be scheduled before HPC as soon as possible.
3/6/2008
Page 2 of 2
Secondly, pursuant to my letter of March 3, the Aspen Institute has appealed the
Code Interpretation of Ordinance #48. Hopefully, the appeal can be scheduled and heard
before City Council before the HPC review of the above application. Even under Chapter 26.415
"Development Involving The Aspen Inventory of Historic Landmark Sites and Structures ... "and
Section 26.415.025D of the Code, the Aspen Institute feels the HPC review of the above application is
as a "referral and recommending" entity to Aspen City Council, without any Code authority to approve
or deny the application, because as of this date none of the Aspen Institute property including the
Greenwald Pavilion Tent Site have been designated by City Council by ordinance to the "Aspen
Inventory of Historic Landmark Sites and Structures" pursuant to Section 26.415.030 and Section
26.415.040 of the Code. Section 26.415.070 of the Code is clear HPC only has Code authority to
approve, approve with conditions or deny development applications involving properties designated on
the "Aspen Inventory of Historic Landmark Sites and Structures."
The Aspen Institute looks forward to the HPC discussion on the above application and the
meeting with Aspen City Council to clarify Ordinance #48 and the procedures, rules and authority of
the entities involved in the review of the above application. Please feel free to contact me on any
questions concerning the above.
3/6/2008
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: 26.415.025, Potential Historic
Resources
EFFECTIVE DATF,: March 24, 2008
WRITTEN BY: Amy Guthrie,
Historic Preservation Officer
APPROVED BY: _ _ Chris Bendon,
Date: rc 24, 2008 Community Development Director
COPIES TO: City Attorney, City Planning staff
SUMMARY:
This [..and Use Code interpretation clarifies the meaning of Aspen Municipal Code
Section 26.415.025, Potential Historic Resources. The interpretation was suggested by
Jim Curtis, representing the Aspen Institute, and the Community Development
Department agreed that the clarification should be pursued. The Institute is of the belief
that a property owner affected by Ordinance #48 can proceed with any planned work
afrer volunteering to allow the Aspen Historic Preservation Commission to review the
work in an advisory capacity, regardless of the disposition of the HPC. Community
Development Staff disagree with this perspective and believe that work may only proceed
if found by HYC to be in conformance with the guidelines.
BACKGROUND: City ('ouncil held numerous public hearings to discuss the adoption
of Ordinance #48, Series of 2007. "this Ordinance created new regulations to address
Aspen properties that do not currently have historic landmark protection, but are believed
to be "Potential Historic Resources." 'throughout the ordinance, the intention to provide
"protection" and to "prevent the loss (and) limit the detrimental effect of development,"
is stated.
Ordinance #48 is expected to terminate once an appointed Task Force makes new policy
recommendations to City Council. Meanwhile, affected properties may not proceed with
alterations unless the work is approved by Staff or HPC, or the owner enters into a
negotiation process with City Council to discuss preservation options.
The Aspen Institute currently proposes alterations to Paepcke Auditorium and
construction of a new tent known as the Greenwald Pavilion. It is staffs understanding
that the ]nstitute believes that these projects are not subject to Ordinance #48, which staff
1
disputed in a previous Code Interpretation, and the Institute believes that, to the extent
Ordinance #48 is applicable, HPC's role in reviewing the appropriateness of the project is
advisory only. This is the focus of the current code interpretation.
DISCUSSION
Section 26.415.025.D states:
D. Applicability and F,xemptions. For those properties identified on the List of
Potential Historic Resources no alterations shall be undertaken by the property
owner and no building permits or land use applications for alterations, demolition
or other similar development activities that substantially alters the Potential
(listoric Resource may be accepted by the Community Development Department
except as permitted pursuant to the provisions of Section 26.415.025.E.
The section goes on to state exceptions fiom this prohibition. The first exception is that
interior work, painting, and routine maintenance is allowed to proceed. In addition, the
Community Development Director has the opportunity to determine that any proposed
work is so minimally intrusive or reversible as to not require further review under
Ordinance #48. Emergency repairs can also be undertaken.
Property owners proposing work that is not exempt as described have another option,
which is to volunteer to allow I IPC to review their project. The language states
An owner may volunteer to have any proposed work be reviewed by the Historic
Preservation Commission pursuant to the procedures and limitations of Chapter
26 415 of the Municipal Code and if the work is found by HPC to be in
conformance with the "City of Aspen listoric Preservation Guidelines," an
application for building permit shall be issued. (emphasis added)
This language indicates that the owner may pursue their project by volunteering to
participate in a review by the (listoric Preservation Commission. The referenced code
section is the City's entire historic preservation program, which describes the kinds of
development over which HPC has purview, the review criteria, and the procedures for
review. In no case is F{PC's decision in these matters advisory. The language of
Ordinance #48 states that an owner choosing to work with HPC must present a project
that the board finds is in conformance with their guidelines, and when that is the case, a
building permit will be issued. Therefore, if HPC does not find that a project is in
conformance with their guidelines, a building permit will not be issued and the project
cannot proceed.
INTERPRETATION
Staffls interpretation is that an owner who elects to proceed with planned work after a
review by the Historic Preservation Commission may only do so if the HPC approves the
subject project.
2
APPEAL OF DECISION
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
3
THE ASPEN INSTITUTE
MEMORANDUM
I~o: Chris Bendon, Aspen Community DcvelopmenC Director
FROM: Amy Margerwn, Executive Vico-Presidcnt Operations
The Aspen Institute
DATE: March 3.2008
RE: Appeal of Land Use Code Interpretatio^
Code Section 26.415.025 Potential Historic Resources
The Aspen Institute wishes to appeal the code interpretation of the above
dated February 20, 2008 written by Amy Guthrie, Historic Preservation Oflicer.
As set Corth in the Aspen Institute's prior memorandum dated January
29, 2008, the Institute feels the Community Development Offices
interpretation of Ordinance #48 & I?xhibit A being °all inclusive~~ and
encompassing all buildings and grounds on the total 40 acres (Lots lA & IB)
owned by the Institute is overread~ing, not consistent with the written language
of Exhibit A, creates an operating hardship for the Institute and is not
consistently applied to certain adjacent properties. The Aspen (nstitutc ~~~ishes
to clarify these items and interpretation before Aspen City Council as quickly as
possible to the benetit of all parties.
Thank you for your attention Io this matter and please inform me ~~-hen
our appeal will be scheduled.
1000 Vorth Third Street
Aspen, CO 81617
ex 970.925.7010
FX 970.925.4188
www.aspenins~W[e.org
^
RrndonManoAppcnllnstiwtc
~~~~.~-
ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~~~~/•~ ,Aspen, CO
SCHEDULED PUBLIC REARING DATE: t tpNp~+- RJL Z~~'~QN'(, 2005
STATE OF COLORADO )
ss.
County of Pitkin )
I, ~-/1~ 4 ~'j >a ~~ O n ~J (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifeen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public heazing and was continuously visible from the _ day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public heazing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient ]egal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~ S~-z-,
Signa re
nes WeeV~ ~ 5
Pueuc NoncE
i RE: APPEA OF COMMUNITY DEVELOPMENT
DIRECTOR'S INTERPRETATION OF ORDI-
NANCE #48, SERIES OF 2W]n APPEAL TO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a public hearing
will be heltl on Montlay, April 28, 2008, at a meet-
ing to begin at 5:00 p.m. before the Aspen City
I Council, Council Chambers, City Hall, 130 S.
Galena SL, AoPen. to hear an appeal of the
at the
130
S, (or
sMlichael C. Ireland Mayor
Aspen City Council
Puhlishetl in the Aspen Times Weekly on April 13,
2008.(139]30])
The foregoing "Affidavit of Notice" was ac]cnowled ed before me this ~4- day
of ~-P/1-1 L , 200 5, by .~y~ ~ ~G, SC o DELI
WITNESS MY HAND AND OFFICIAL SEAL
My comjm~~((il~~1ssion expires: () ~ ~l p ~ cl0 1 C7
\1'OPa\ i ()
Notary Public ~~
L.nUM
ATTACHMENTS: ~ MEYER
,O`-'
COPYOFTHEPUBL/CATION `1}~^ ~~-
PHOTOGRAPH OF THE POSTED NOTICE (SICw/umm(s~nw uz~ireS D8110i2D1D
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
t-' ~" ~ ~01 ~ ~,
Amy Guthrie
From: Jim Curtis (jcurtis@sopris.net]
Sent: Tuesday, April 15, 2008 8:42 AM
To: Amy Guthrie
Subject: Re: notice
The Institute is happy to waive the 15 day mail Notice. No problem.
On Apr 14, 2008, at 4:58 PM, Amy Guthrie wrote:
> Hi Tim- I've just realized that I neglected to send the Institute
> notice of the April 28th Council appeal. Section 26.316.030.D, Appeal
> procedures, requires notice to be published in the newspaper
> (done) and mailed to the applicant 15 days before the meeting. We are
> at 14 days now.
> 7ohn Worcester has indicated that the Institute can waive this mailing
> so we can go forward. Is that acceptable or would you like me to
> reschedule the meeting to May 12th and re-do the notice?
> Sorry for the oversight. The newspaper notice is attached.
> <Ord48Appeal.doc>
1
~n1~tl~ t
Reeular Meeline Aspen Ctty Council November 12, 2007
increase in mazking transportation funding which is a pass through from the 1 % lodging
tax, half goes to ACRA and half pays for in-town transportation through RFTA. Menter
pointed out there is an increase for the proposed city-employee housing of $]40,000 and
construction fund of $950,000 of contributions from existing operating funds to finance
construction of 100 units of housing over the next 10 yeazs.
Mayor Ireland moved to continue the public hearing and Resolution #94, Series of 2007,
for two weeks; seconded by Councilman Johnson.
Mayor Ireland opened the public hearing.
Toni ICronberg said this week the EOTC is meeting and will discuss a possible pedestrian
bridge at Buttermilk as well as reinstating the free bus service between Aspen and
Snowmass. Council should note these expenditures. Ms. I{ronberg said the number of
affordable housing unit at Burlingame should be expanded. Mike Maple suggested the
sales tax be increased. Maple said only 54% of the retail sales in the city are subject to
sales tax. Only 17% of fur sales pay city sales tax; only 14% of galleries and 26% of
jewehy pay city sales tax. Maple told council only 50% of liquor sales aze subject to city
sales tax. Maple said people who shop in city stores aze being under taxed in sales tax
and this should be corrected. Maple said collecting half of this would garner the city $2
million/yeaz.
Mayor Ireland reminded Council items shipped out of state aze not subject to city sales
tax because they are not used within the jurisdiction. Maple encouraged Council to
investigate changing the definition so that the city can chazge sales tax on services.
Maple said there appears to be abuse of shipping items out of Aspen and Colorado.
All in favor, motion carried.
ORDINANCE #48. SERIES OF 2007 -Code Amendments Historic Preservation
Chris Bendon, community development department, reminded Council Ordinance #30
addressing historic designation of houses 30 years and older was adopted as an
emergency ordinance, which provided protocol azound review of properties for historic
designation. Bendon reminded Council amendments were requested to Ordinance #30 as
well as a process to analyze the entire historic preservation progam. Staff came back
with a new ordinance #45. After first reading, staff made significant amendments and
created a new ordinance, #48.
Bendon said in fast reading of #48, Council was presented with options and gave
direction on all options except the provision for economic considerations for designation.
Bendon said staff has been working with the citizens group to make changes to the
ordinance and this is a much improved ordinance.
Amy Guthrie, community development department, noted the definition section was
amended to define new terms or define review processes that have not existed before.
9
Reeular Meetine Aspen Citv Council November 12, 2007
Potential historic resources is how the list is described, the purpose of the list, how
properties get off the list. One of the purposes of Ordinance #48 was that Council wanted
to move away from the idea every property 30 years or older is subject to regulation. The
list contains staff s recommendation for properties that aze worth discussing. Ms.
Guthrie told Council staff looked at integrity, how many alterations to a property, was
there a specific azchitect, how refined of an azchitectural example was the building is how
the list was built.
Ms. Guthrie noted this list will not be expanded for ] 0 years; it can be amended as
properties go through the designation process and are not approved for designation, they
will be taken off the list. Interior remodel, basic maintenance work and minimally
intrusive work is exempt from this ordinance. Ms. Guthrie said if a property owner wants
to know whether their property should be on or off the list, the community development
director will use the existing landmark criteria to develop a preliminary conclusion
whether the property has significance. If the community development director
determines a property does not have historic significance, HPC and Council have a few
days to object; if they do not object, the property is off the list. If the community
development director determines there is historic significance, the ordinance outlines the
next step in the review process.
Ms. Guthrie noted the ordinance outlines how a property owner can confirm their
property is not on the list. Ms. Guthrie pointed out there has been an effort, in writing the
ordinance, to put the property owner in control of the pace of the process. The ordinance
contains penalty provisions if someone does work without an approval. Ms. Guthrie said
the actual designation is similar to the existing process with amendments on dealing with
post W WII properties. The criteria for historic designation have not been changed and
these should be addressed by the citizens' task force. Ms. Guthrie pointed out in the
existing ordinance a property has to meet one out of three criteria for designation; this
states a property has to meet two criteria.
Ms. Guthrie said the notion that if a property owner could not prove a property was built
less than 30 yeazs ago, it would be assumed that to be the case. This ordinance is more
flexible on that issue. The ordinance requires staff submit their memorandum to the
property owner 30 days in advance of the HPC hearing on designation. The ordinance
outlines the landmark process; HPC makes a recommendation to Council. If there is an
involuntary designation, HPC has to approve that by super majority. If super majority is
not received, the matter will die and not go to Council. If the property proceeds to
Council, they will hear a recommendation from HPC as well as getting an economic
impact report, if requested by the property owner. If Council denies a landmark
designation, the property cannot be brought up for designation again for 10 years.
Bendon told Council there are 3 options for economic impact. The first asks Council to
consider whether there has been a taking as a result of designation, the removal of all use
of a property. The 2"d and 3`° options rely on an economic impact examination panel; the
ordinance outlines how the panel will be constituted and what they go through. The
panel will be a volunteer boazd whose members have expertise in the industry. The
10
Reeular Mee13n2 Asoen Citv Council November 12, 2007
economic impact panel will make a determination and report to Council. In option 2,
Council is asked to provide mitigation to the property owner if the economic impact is
unreasonable. In option 3, Council is asked to provide mitigation to the property owner
in any circumstance. Mitigation would be financial compensation and could also be
benefits.
Bendon presented language to modify option 2; one is to allow Council to pay the
economic impact and to provide them with staff assistance. The amended language states
it is at Council's sole discretion to mitigate a property owner.
Ms. Guthrie noted if this ordinance is adopted, property owners on the list will be notified
by registered mail. Some property owners already received a determination through
Ordinance #30; this can be extended to 10 yeazs. Ms. Guthrie said there is a provision in
this ordinance that HPC begin to narrow the list and they aze designing a process by
which they can accomplish that.
Bendon noted at fast reading, the idea of a "public defender" was brought up. The
ordinance allows the city to retain an expert. Bendon suggested a top set number for
mitigation per property. Ms. Guthrie asked that Council give staff direction on the policy
task force, the application process and that while the policy task force is completing its
work, the city will not undertake any designations without owner consent.
Mayor Ireland asked if staff had comments on the ordinance suggested by the citizens.
Bendon said he has not seen it and pointed out any code amendments must go through
review by P&Z before coming to Council. Councilman DeVilbiss asked for a definition
of "takings". Jim True, special counsel, said the phrase referred to in takings is
"reasonable investment backed expectations" and there are Supreme Court cases finding
a taking is when there is no real economic value retained on the property after whatever
government action.
Mayor Ireland noted Council has discussed repealing this and starting over. Councilman
Romero said he would be willing to drop Ordinance #48 and to repeal Ordinance #30
with some conditions putting the process back to commissioning a task force to look at
updating the overall historic preservation code, trying to get community consensus and
appeal to the public. Councilman DeVilbiss said there may be some peril in repealing
Ordinance #30 and there would have to be conditions or adjustments.
Councilman Skadron stated he does not support Ordinance #48. Councilman Skadron
said he does not support the notion of the city writing a check to property owners. The
10 year window may have unintended consequences. Councilman Skadron said he is
uneasy with the precedent of codifying a super majority. Councilman Skadron said he
will support a repeal of Ordinance #30 and ask for a suspension by the city of designation
of properties for a certain period of time. Councilman Skadron said he would like
historic preservation be improved by an objective group of citizens in order to get
improved criteria, and the process which leaves a historic preservation code that is
credible and fosters a valid basis for designating properties.
11
Regular Meeting Aspen Citv Council November 12, 2007
Mayor Ireland said Council has agreed there aze 2,000 properties that should not be
dragged on and these should be out from under a cloud. Mayor Ireland said he is inclined
to adopt this ordinance with a 6 month sunset clause so that new standards could be
adopted during that time. An alternative would be that a property the city may think is
historic cannot be demolished for 6 or 12 months while the city negotiates a package of
benefits to leave the property as it is with the property owner.
Mayor Ireland opened the public hearing.
Amy Margenun, representing the Aspen Institute, noted the Aspen Institute is under an
approved master plan, which provides for historic review. Ms. Mazgenun asked if the
grounds, as well as the buildings, are under this ordinance, Ms. Margerum told Council
the Institute has gone through reviews with the HPC and the end result was a better
project. Ms. Mazgenun said if the city is going to add properties to the historic list,
Council has to ask management to look into the time and money it takes to go through the
HPC process; it is onerous and costly, especially for anon-profit organization. Ms.
Guthrie said the grounds of the Institute are not protected. Ms. Margerum stated she is
vehemently opposed to designating the grounds of the Institute.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10 p.m.;
seconded by Councilman Romero. All in favor, motion carried.
Pam Cunningham, Aspen Alps, submitted a letter opposing the inclusion of the Aspen
Alps on the list of historic properties. Terry Hale said Council has a chance to revisit the
entire concept of historic preservation, not just Ordinance #30. Hale said this has not
been a waste of the past 4 months but is an opportunity to rewrite the historic
preservation code with input from builders and architects and other community members
so that it is something the community is proud of.
Chip Freeman submitted a letter on this issue with all his thoughts. Helen Klanderud
asked what rationale has been used to have the properties on the list, on the list. Ms.
Klanderud said all properties should be taken off the list until there is a historic
preservation code that the community can accept and support. Ms. Klanderud said there
aze no criteria as to who are notable architects, what in modern buildings is truly
extraordinary and ought to be preserved. Ms. Klanderud said one needs to be able to look
back and see what stands the test of time, more than 30 or 40 years.
Les Hoist said he supports historic preservation which leads to a viable economic
community. Historic preservation is about scale and massing. Hoist suggested
designating the entire town, which would preserve property values for everyone.
Connie Harvey said the city has discretion on whether property owners receive
compensation which will set up resentments and entanglements which does not make a
lot of sense and is a dangerous and unpleasant approach. Toni Kronberg said she
supports historic preservation and passage of this ordinance. Mark Friedberg said he has
looked at the majority of properties on this list. Friedberg said the city should be looking
12
Regular Meeting Asneu City Council November 12, 2007
for a sense of reasonableness in trying to approach the goal of what the buildings aze that
aze meaningful in contributing to the welfaze of Aspen. Friedberg said without the
community input and review of criteria for post WWII buildings, there will not be
resolution. Friedberg said the time that has been put into this will help the community
think more cleazly about what they want as the end result.
Marilyn Mazks said much of input has been citizens saying the community ought to be
involved in this process. Council needs to find out what the community wants. Ms.
Marks said major changes have been made to Ordinance #48; however, it is still overly
complex and expensive to property owners. Ms. Mazks said the ordinance leads to a lack
of support and goodwill for a historic preservation program. Ms. Mazks said the list of
historic potential properties feels flawed and arbitrary. Ms. Mazks said this is not
consistent with the AACP, such as buildings should not take precedence over people who
live in them.
Mike Maple aid his proposed ordinance would repeal Ordinance #30 and revert back to
the 2002 code. The task force could go forward and update historic codes. Maple
suggested Ordinance #48 could be amended by deletions throughout the ordinance
leaving only 100 yeaz old structures protected. Christina Crandall said protecting
structures in Aspen maybe too late. Aspen is going from generally small in mass and
scale buildings to an upscale community. Ms. Crandall said the option to seek historic
designation through creative uses of incentives is a more desirable approach. Ms.
Crandall said the proposal seems overly complicated.
Jack Wilkey said he has only received one letter and has no idea why his building is on
the list of potential historic structures. Scott Hicks asked the process to exercise one's
right to do future development on the property. Hicks said in his experience there is a lot
of subjectivity to historic preservation and review and it took him two years to get
through a historic approval process. Henry Hite said some of the post WWII buildings
aze not energy efficient and need to be tom down. Pierre Wille, Tyrolean Lodge, told
Council this property is already in the Main street historic district. Wille said they have
been holding the building together with band aids for the last 20 years. Wille noted some
buildings aze historic and some are just old.
Jesse Boyce said finding ways to remodel potential historic structures in a tasteful way
and help with the canary initiative would be a good thing. Boyce suggested coming up
with an incentive or funding source and let people come to the city to see what benefits
there are in historic preservation. Susan Capiel Collin stated she supports the majority of
the comments. The city needs to start over and scrap the list. Roine St. Andre said this
community is about the people, not the buildings. Ms. St. Andre said this ordinance has
been divisive.
Bill Wiener said governments do things that increase or decrease property values; things
that are good for neighborhoods or bad for neighborhoods. Wiener noted when
properties are upzoned and people's values go up, they do not offer to pay the city for the
13
Regular Meeting Aspen City Council November 12, 2007
difference in property values. Wiener said one reason Aspen's property values aze so
high is that previous governments had values and protected this community.
Mayor Ireland closed the public hearing.
Councilman Johnson moved to suspend the rules and extend the meeting to 11 p.m.;
seconded by Councilman Romero, All in favor, motion carried.
Councilman Johnson said there is feaz and distrust in the community over this issue.
Councilman Johnson said there has been misinformation throughout the community.
Councihnan Johnson noted he has stated a list is an easy way to Veat people unfairly
rather than treating everyone the same. Councilman Johnson said he feels the past 4
months could have been better spent with a lazge community discussion on historic
preservation. Councilman Johnson said the city was to draft an interim ordinance and got
off track. Councilman Johnson said other issues are values that Aspen has endorsed
through the AACP and the core beliefs of 2006. Council needs to consider all view
points, to gather a diverse group of citizens to make a recommendation to Council on this
issue. Councilman Johnson stated he supports creating a task force to represent all
citizens of Aspen and to be chazged with making recommendations to Council.
Councilman Johnson suggested hiring an independent facilitator to insure all viewpoints
aze heazd.
Councilman Romero reiterated he would like to drop Ordinance #48 and repeal
Ordinance #30 and start over. Councilman Romero agreed there aze core principles over
preservation; however, there are many different definitions surrounding preservation.
Councihnan Romero said if the two ordinances aze repealed, he would like the city to
suspend all designations and let the process go through its steps.
Councilman DeVilbiss said he would like to see written legislation to accomplish what
other Council has discussed so it can be voted on. Councilman Skadron said he feels it is
appropriate to repeal Ordinance #48. Councilman Johnson said he would be willing to
work with staff to draft an ordinance outlining the duties of a task force. Councilman
Johnaon stated he does not support any action that would provide no protection for
historic properties. Councilman Johnson said he would like the task force to make
recommendations to Council first. Councilman Johnson stated what is needed is a
balance between economic fairness and historic preservation.
Councilman Romero said he feels repealing Ordinance #48 is not as much of a
component of historic preservation but as a restoration of community relations.
Councilman Johnson stated new legislation to replace Ordinance #30 is needed before
anything is repealed. A task force ought to be chazged with protection of the structures
that have been discussed over the past 4 months. Councilman Johnson agreed Ordinance
#48 should be dropped and Ordinance #30 should be repealed when there is some other
legislation in place.
14
Reeular Meetiue Asaen Ciri Council November 12.2007
Mayor Ireland said he would like the potential historic properties protected until they can
be reviewed, released or designated. Mayor Ireland said he would like to know what the
community at lazge wants, not just what the affected property owners want. Mayor
heland said he does not want this process to go on for another yeaz or two. Councilman
Romero noted there is consensus to have a task force; however, this will take time
resulting in uncertainty for anyone whose property is on the list. Councilman Romero
said the process should go forward without encumbrance of these two ordinances.
Mayor Ireland asked who would limit the process to the current exhibit A list of potential
historic properties; this would be demolition review while the task force is doing their
job. Councilman Johnson agreed with that. Councilman Johnson said he supports the
notion of certainty for a period of time when a property knows they will not be
considered for historic designation. Councilman Johnson said he does not think Council
ought to tie the hands of the task force on any issue.
Councilman Skadron agreed with a suspension of the city involuntary designations,
which means no list. Councilman Skadron stated his intention is to repeal Ordinance
#30 and to return to procedures before that.
Councilman DeVilbiss moved to suspend the rules and extend the meeting to 11:15 p.m.;
seconded by Councihnan Johnson. All in favor, motion carried.
Mayor Ireland moved to continue Ordinance #48, Series of 2007, to 11 /26 with the
direction to strike all language other than demolition review of the list on exhibit A, put a
time limit of 6 months at which time the ordinance sunsets and to create a task force to
consider all the issues raised by this and to allow in the interim with the existing
standards that the HPC further narrow the properties while the citizen committee is
operating; seconded by Councilman Johnson. All in favor with the exception of
Councilmembers Skadron and Romero. Motion carried.
Councilman Johnson moved to continue Ordinance #28, Series of 2008, 508 East Cooper
and Resolution #95, Series of 2007, Extension of Vested Rights 110 East Bleeker, to
November 13's at 3 p.m.; seconded by Councilman DeVilbiss. All in favor, motion
cazried.
ORDINANCE #46. SERIES OF 2007 -Extension of CC Business Mix and Historic
Interiors
Chris Bendon, community development department, recommended Council adopt this
ordinance and extend the moratorium to June 12, 2008, so staff and Council can continue
to work on code amendments.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
15
THE ASPEN~INSTITt,'TE
Amy Margerum
Executive Vice President
Operations
Coryorate Secretary
1000 North Third Street
Aspen, Colorado 81611
PH 970.544.7905
FX 970.544.7908
www.aspeninstitute.org
To: Aspen City Council
From: Amy Margerum, The Aspen Institute
CC: Community Development Office
City Attorney Office
Date: April 21, 2008
Re: Aspen Institute -Ordinance #48 Appeal & Clarification
two Ord. #48 questions. 18 Jim Curtis, our planner, felt it would be helpful to outline our
questions & thinking to you beforehand to facilitate the discussion on the 28t". The two questions
are:
The Aspen Institute is scheduled before City Council on Mon. April 28th seeking clarification on
1. What Aspen Institute "facilities" are encumbered under Exhibit A of Ord. f1484 The
Planning Office takes the position that Exh. A is "all inclusive" meaning all buildings & grounds
on the 40 ac. Aspen Institute property are encumbered under Exh. A. (all of Lot 1A & 1 B). The
Institute feels this interpretation is overreaching & imposes a hardship on the day to day
operations of the Institute. The Institute feels Exh. A is more limiting as set forth by the areas in
() of Exh. A, i.e. Lot 1A (area of Trustee Townhomes, Health Club, Doerr-Hosier, Restaurant,
Sculpture & Gardens) & Lot 1 B (Area of the Seminar Buildings).
The "all inclusive" interpretation creates a hardship on the day to day operations of the Institute.
For example, over the past 2 years, the Institute has been replacing & upgrading its signage for
buildings & grounds to make the signage more uniform & attractive. The "all inclusive"
interpretation of the Planning Office means every new sign must now be approved by the
Planning Office even when a sign permit is not required by the Municipal Code. Moreover, a
"very strict" interpretation of the Planning Office position would say any & all physical changes
to the 40 ac. campus, i.e. planting new trees or grass, would need Planning Office approval. The
Institute feels it was neither the intent nor goal of Ord. #48 to delegate this much discretionary
oversight & authority to the Community Development Office or the Historic Preservation
Commission.
7. What is the role & authority of the Historic Preservation Commission (HPC) under the
Municipal Code & Ordinance #484 The Aspen Institute has two SPA Amendment applications
pending before the City, i.e. Greenwald Pavilion Tent & Paepcke Auditorium Renovation. The
Institute's reading of the Municipal Code & Ord. #48 is that the HPC is a "referral &
recommending" body & not a "decision-making & approval" body for the two SPA Amendment
applications. The Institute welcomes & appreciates (& voluntary agrees) to the HPC review of
the two applications as a "referral & recommending" body consistent with the Institute's reading
of the Code. The Institute's 2 basic points are:
A. None of the Aspen Institute's "facilities" are officially designated by City Council by ordinance
to the "Aspen Inventory of Historic Landmark Sites & Structures" as of this time even under Ord.
#48. Specifically, under Ord. #48, Code Section 26.415.025(G) Voluntary Desionation states"
The City Council, the Historic Preservation Commission and the Community Development
Director may not initiate an application for designation unless the property owner consents to
designation for the effective period of Ordinance #48, Series of 2007". The Aspen Institute has
not consented to voluntary designation to the "Aspen Inventory of Historic Landmark
Sites 8 Structures" at this time. Like City Council, the Aspen Institute is awaiting the
recommendations of the Historic Preservation Commission Task Force.
B. Under Municipal Code, Section 26.220.010 HPC Powers & Duties states" The Historic
Preservation Commission (....) shall have the following powers & duties: B. Review 8 approval,
approval with conditions, suspension or disapproval of development within the H, Historic
Overlay District or development involving the Aspen Inventory of Historic Landmark Sites &
Since none of the Aspen Institute "facilities" are officially designated to the Aspen Inventory of
Historic Landmark Sites 8 Structures, at this time, the HPC must be a "referral &
recommending" body to the two pending SPA Amendment applications because HPC only has
"decision-making & approval" authority once a property has been officially designated to the
Aspen Inventory of Historic Landmark Sites & Structures. The Institute fully understands both
applications have to be reviewed under the SPA (Specially Plan Area) provisions of the
Municipal Code & that Council would reasonably expect HPC referral comments under the City's
SPA review procedures.
Please feel free to email or call on any questions on the above. As always, thank you for your
time & attention to this matter.
Amy Margerum
Executive Vice President, Operations
The Aspen Institute