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HomeMy WebLinkAboutagenda.council.regular.20090713CITY COUNCIL AGENDA July 13, 2009 5:00 P.M. Call to Order Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor and Councilmembers' Comments b) City Manager's Comments c) Agenda Deletions and Additions c) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Minutes — June 8, 22, 2009 b) Board Appointments c) Election of Mayor Pro Tern and Approval of Council Appointments d) Resolution #43, 2009 — Cozy Point Lease e) Resolution #44, 2009 — Supplemental EOTC 'Y2 cent Funding f) Resolution #46, 2009 — Contract Relocation of 20" Waterline VII. First Reading of Ordinances a) Ordinance #15, 2009 — Fees P.H. 7/27 b) Ordinance #17, 2009 — Housing Guidelines Amendment P.H. 7/27 Vill. Public Hearings a) Ordinance #14, 2009 - 222 E Hallam Rezoning/PUD b) Resolution #45, 2009 - Lodge at Aspen Mountain COWOP Eligibility Review IX. Action Items X. Adjournment Next Regular Meeting July 27, 2009 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. V(tp MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: July 6, 2009 RE: Board Appointments Last week Council interviewed for positions on the Wheeler Board, P&Z, Liquor License Authority and Board of Adjustment. I have attached applications for the Child Care Advisory Committee from Linda Consuegra, Yvonne Hernandez and Beth Cashdan. Council generally appoints applicants without an interview. Staff would like appointments to Burlingame Housing Inc. reaffirmed. The by-laws require 4 city appointments and 1 AMFS appointment. The proposed appointments are: Don Taylor — Finance Department Jeff Pendarvis — Asset Management Jackie Kasabach — Citizen -at -large Jenny Elliott — Aspen Music Festival and School By adopting the consent calendar, Council is making the following appointments and reaffirming the Burlingame Housing Inc appointments Child Care Advisory Committee - Linda Consuegra, Yvonne Hernandez and Beth Cashdan Wheeler Opera House — Brian O'Neil; Bruce Fretz Planning & Zoning Commission — Brian Speck Liquor License Authority — Jeff Wertz APPLICATION FOR APPOINTMENT CITY OF ASPEN BOARD OR COMMISSIONS NAME Linda Consuegra STREET ADDRESS 10 E Water PL, Aspen CO 81611 MAILING ADDRESS SAME HOME PHONE / FAX (970) 925-1740 WORK PHONE / FAX (970) 920-5400 BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: Child Care Advisory Committee - Kids First Advisory Board EMPLOYMENT PREVIOUS TWO YEARS: I have worked for the City of Aspen for the last 10 years STREET ADDRESS PREVIOUS TWO YEARS: 9 E Water PL, Aspen CO 81611 INVESTMENTS AND/OR LAND HOLDINGS IN PITKIN COUNTY: 10 E Water PL, Aspen I DESIRE THE APPOINTMENT FOR THE FOLLOWING REASONS: I have always been interested in children and believe that child care should be one of our community's priorities. I would like to join Kids First Advisory Board to get a better understanding into the childcare in our community and be able to assist in any way to continue to have great childcare services. You can only guarantee that you can make a difference by becoming involve in what you care. y SIGNATURE: DATE: Please return to City of As Kids First Phone: 920-5363, Fax: 920-5407 215 North Garmisch, Suite 1, Aspen, CO 81611 APPLICATION FOR APPOINTMENT CITY OF ASPEN BOARD OR COMMISSIONS NAME Yvonne M. Hernandez, RN, MS STREET ADDRESS: 316 Free Silver Ct, Aspen, CO 81611 MAILING ADDRESS: same HOME PHONE / FAX: 970-925-5382 WORK PHONE: 970-319-7307 BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: Child Care Advisory Committee — Kids First Advisory Board EMPLOYMENT PREVIOUS TWO YEARS: Nurse Family Partnership/Family Visitor Programs STREET ADDRESS PREVIOUS TWO YEARS: same INVESTMENTS AND/OR LAND HOLDINGS IN PITKIN COUNTY: Centennial Homeowner I DESIRE THE APPOINTMENT FOR THE FOLLOWING REASONS: I have extensive experiences with non-profit boards, as a member and as a director who responded to an advisory board. I also have close connections to maternal and child health issues as a home visitation nurse for first time pregnant moms. I currently provide classes to pre-school providers and also practice as a nurse consultant for couple of preschools in Pitkin County. I believe that I would be an asset to the board with this broad experience. SIGNATURE: DATE: Yvonne M. Hernandez, RN, S 2/27/2009 Please 1 � 4.k 42 f L NlJ rturn to City of n —Kids First Phone: 920-5363, Fax: 920-5407 r 215 North Garmisch, Suite 1, Aspen, CO 81611 APPLICATION FOR APPOINTMENT CITY OF ASPEN BOARD OR COMMISSIONS NAME-1A aY)f a&A STREET ADDRESS WD A 1 omgwAq ` iz MAILING ADDRESS 'Sv�Vy,q. HOME PHONE / PA.N Jo s V O& cI o4CfIi 4I' / 5110 BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: Child Care Advisory Committee — Kids First Advisory Board EMPLOYMENT PREVIOUS TWO YEARS: Rd;rc A,pa., Sti l���rcxl STREET ADDRESS PREVIOUS TWO YEARS: INVESTMENTS AND/OR LAND HOLDINGS IN PITKIN COUNTY: oW„ 60mt. 04 abosc Ajjfm I DESIRE THE APPOINTMENT FOR THE FOLLOWING REASONS: _ Hao &"ny at a ee� �Q Edu r laN l c, p�m�. 1(kumifc 4- or �'"c Iww o�. umlwu(,;y 1Now yfaf am �c�lm� f�af �l>!u is an ✓Me, 4 Alnb f a 60mow-4 an. fsr,'Gar. SIGNATURE DATE: 3.a.07 Please return to City of Aspen — Kids First Phone: 920-5363, Fax: 920-5407 215 North Garmisch, Suite 1, Aspen, CO 81611 V1 MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: July 6, 2009 RE: Council Appointments The City Charter requires the election of Mayor pro tem (see below) Section 3.7. Mayor pro-tem. The mayor pro-tem shall be elected by council from its own membership. Said election shall take place at the organizational meeting following each general municipal election. The mayor pro-tem shall serve until the next organizational meeting unless sooner removed by a majority vote of the entire council. In the absence or disability of the mayor, the mayor pro-tem shall perform all duties and have all powers of the mayor. In the event of a vacancy in the office of mayor pro-tem, the council shall choose his successor. Mayor Pro Tem CAST Steve Skadron Steve Skadron/Derek Johnson RFTA Dwayne Romero RFTA alternate Steve Skadron DRGW Covenant Enforcement Dwayne Romero NWC Council of Governments Steve Skadron/Dwayne Romero Aspen Chamber Resort Association Mick Ireland/Derek Johnson/Torre Arts Council Derek Johnson/Mick Ireland Ruedi Water & Power Authority CORE Board Sister Cities Healthy Mountain Communities Rocky Mountain Rail Association Burlingame Housing Inc CML Policy Advisory Board Nordic Council ASC Advisory Committee Torre Steve Skadron/Derek Johnson Torre/Derek Johnson Randy Ready Mick Ireland Steve Skadron/Dwayne Romero Dwayne Romero By adopting the consent calendar, Council is approving the Board appointments and the election of Mayor Pro Tem. TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: CC: CC: CC: YI d SPE�II PARRS a RECREATION MEMORANDUM Mayor and City Council Stephen Ellsperman, Parks and Open Space Director Jeff Woods, Manager of Parks and Recreation July 6, 2009 July 13, 2009 Resolution No. 43: Cozy Point Ranch Long -Term Stewardship Lease Steve Barwick, City Manager Randy Ready, Assistant City Manager John Worcester, City Attorney 01" REQUEST OF COUNCIL: Cozy Point Ranch and Open Space, a 169-acre property purchased by the City of Aspen in 1994, is administered by the Parks and Recreation Department and operationally managed by Monroe Summers, Cozy Point Ranch, LLC, under a ten-year lease agreement signed April 15, 2000, which expires on April 15, 2010. On June 22, 2009, City Council approved a new ten year lease with Cozy Point Ranch, LLC, which will expire in April, 2020. At City Council's request, staff included additional provisions in the new lease which will provide benchmarks for performance in customer service, safety, equine facility maintenance, and environmental stewardship. Staff is recommending that City Council formerly approve and award the Cozy Point Ranch Long Term Stewardship Lease with the new incorporated provisions to Cozy Point Ranch, LLC for the next ten-year period beginning April 15, 2010. PREVIOUS COUNCIL ACTION: • June 22, 2008: At a regularly scheduled City Council meeting, Council unanimously awarded the Cozy Point Ranch Long Term Stewardship Lease to Cozy Point Ranch, LLC. Council requested some specific additions to the lease in the arena of benchmarks for performance in customer service, safety, equine facility maintenance, and environmental stewardship. BACKGROUND: Staff worked closely with the City of Aspen Procurement Officer, the City Attorney's Office, and the Cozy Point Ranch Long -Term Stewardship Lease Evaluation Committee to create the extensive Cozy Point Ranch Long -Term Stewardship Lease Request for Proposal process which was detailed at length to City Council. On June 22, 2008, City Council formally adopted the recommendations from the Evaluation Committee and Staff to award the Cozy Point Ranch Long -Term Stewardship Lease to Cozy Point Ranch, LLC, which will commence on April 15, 2010 and conclude on April 15, 2020. At City Council's request, staff included additional provisions in the new lease which will provide benchmarks for performance in customer service, safety, equine facility maintenance, and environmental stewardship. DISCUSSION: The expiration of the current lease provided an opportunity to craft a new lease that is connected to the various objectives of the community. As discussed in the presentation materials and the verbal presentation of the June 22, 2008, City Council Meeting, Staff, in collaboration with the City of Aspen Environmental Health Department, the City of Aspen Water Department, The City of Aspen Canary Initiative, and the Open Space and Trails Board completed a new proposed lease through negotiations with Cozy Point Ranch, LLC, which retained all the required lease language for facilities of this type, while also providing key improvements to environmental and land stewardship goals. At the June 22, 2008 Council Meeting, City Council provided support for these important changes to the new lease, and in addition requested staff complete inclusions to the lease surrounding performance benchmarking in key areas. In conjunction with the City Attorney's Office, Staff completed an extensive process to review potential performance benchmarks for the Cozy Point Long -Term Stewardship Lease. Staff believes that the following benchmarks will provide the most objective process in key areas identified by City Council. The following inclusions are found in a specific new portion of the lease of the attached revised "Long -Term Stewardship Lease Agreement for the Cozy Point Ranch and Equestrian Center" (Exhibit A). 2 This new section of the lease is entitled "Annual Performance Measures" and the specifics are detailed below. They have been created by staff and reviewed by the Tenant to provide an objective mechanism to address the key City Council request of providing benchmarking of the operations at Cozy Point Ranch in the arenas of customer service, safety, equine facility maintenance, and environmental stewardship: Annual Performance Measures: Tenant shall be required to meet or exceed the following annual performance measures as outlined below: Through an annual survey of Tenant's clients, the City shall acquire customer service data to assess the level of satisfaction with Tenant's staff, including dispute resolution process, and the overall general condition of facilities and services provided at Cozy Point Ranch. The City and Tenant shall agree on a survey instrument to be used for this purpose. The survey shall solicit responses that can be graded on a scale of 0 to 10. A successful "level of satisfaction" shall include a total average score of seven (7) or better. 2. The City shall annually engage an equine specialist to provide a professional inspection and assessment of the equine facilities at Cozy Point Ranch. The City and the Tenant shall mutually agree on the selection of the equine specialist. The specialist will certify that the operations are meeting the standard of professionalism and safety as it relates to the overall equine operations. The specialist will inspect and report on the footing, fencing, safety and any other items that may be deficient regarding the operations or general maintenance of the facility. Tenant shall act as project manager to remedy immediately any deficiencies that may be uncovered. For any and all items that require a significant capital investment, Tenant shall prepare a summary of improvements, costs, and completion schedule to present to the City to correct the deficiencies. If approved, funding will be effected through the City of Aspen Asset Management Plan Process at the discretion of City Council. The Tenant in conjunction with the City shall meet annually with both the Aspen Valley Land Trust (AVLT) and Roaring Fork Conservancy (RFC) to craft an inventory and action plan of sustainable agricultural practices and environmental stewardship actions. AVLT and RFC shall certify that the environmental standards are being met and that Tenant is meeting the standards of good environmental stewardship on the property. Any deficiencies noted in AVLT's or RFC's reports shall be corrected by Tenant within a reasonable time. 3 Non-compliance with any goals or objectives set forth herein shall place Tenant on probation effective immediately for one (1) year, during which time Tenant shall cure any and all deficiencies. The City, at its sole discretion, may terminate this lease with ninety (90) days' notice, if Tenant fails to cure any terms and conditions set forth herein and above within the one (1) year probation period. The City shall use objective standards, when available or possible, to determine Tenant's compliance; however, the City shall be the sole judge of Tenant's compliance with the performance standards set forth above. Staff feels that these annual performance standards will provide objective measures of success for the term of the lease as it relates to City Council's specific direction. One of the other important aspects of the lease that was negotiated and presented to City Council on June 22, 2008, was a specific provision in the lease that reads as follows: C. Complaints and Incident Reports Any incidents of complaints and all issues requiring City action or decisions need to be submitted to the Director of Parks and Open Space. Further, City shall promptly notify Tenant of any complaints received by City regarding the operation of the facility. Tenant shall not discourage the reporting of complaints or issues directly to the City of Aspen which may arise from any source. The specific bold-faced portion of this lease provision was designed to prevent any clause or communication to users of the facility that direct communication or complaints directly to the City of Aspen was not appropriate. ALTERNATIVES: City Council may direct staff to provide a different set of annual performance measures or modify the existing proposed performance measures. City Manager Comments: ATTACHMENTS: Exhibit A: Long -Term Stewardship Lease Agreement For The Cozy Point Ranch and Equestrian Center. M RESOLUTION NO. Series of 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LONG TERM STEWARDSHIP LEASE AT THE COZY POINT RANCH AND OPEN SPACE, BETWEEN THE CITY OF ASPEN AND COZY POINT RANCH, LLC, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Lease Agreement for Cozy Point Ranch and Equestrian Center, between the City of Aspen and Cozy Point Ranch, LLC, a true and accurate copy of which is attached hereto as Exhibit `B"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Long -Term Stewardship Lease, between the City of Aspen and Cozy Point Ranch, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2009. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk GAOpen Space\COZY POINTILEASE2010\cozypoint IeaseRESOLUTION.doc Exhibit A LONGTERM STEWARDSHIP LEASE AGREEMENT FOR THE COZY POINT RANCH AND EQUESTRIAN CENTER THIS LEASE AGREEMENT entered into at Aspen, Colorado, this day of , 2009, by and between the CITY OF ASPEN, COLORADO, a municipal corporation and home -rule city ("City"), and COZY POINT RANCH, LLC, a Colorado limited liability company ("Tenant"). WITNESSETH: WHEREAS, the City is the owner of the Cozy Point Ranch and Equestrian Center in Pitkin County, Colorado, which property is described on the map attached hereto as Exhibit A (the "Premises"), and desires to lease to Tenant that portion of said Premises containing 93.5 acres described on Exhibit A as "Cozy Point Long -Term Stewardship Lease Area" on the terms and conditions set forth herein; and WHEREAS, Tenant has experience in ranch and equestrian center management and desires to lease the Premises from City on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties agree as follows: 1. Term. The term of this Lease is ten (10) years. This Lease shall be effective at noon, Mountain time, on April 15, 2010 and shall terminate at noon, Mountain time, on April 15, 2020. 2. Use. Tenant may use the Premises solely for the purpose of managing and operating a ranch and equestrian center and providing related services to third parties. Tenant shall not use the premises for any other purposes without City's written consent. Tenant's use and occupancy of the above -described Premises shall comply with the rules, regulations and ordinances of any governmental authority having jurisdiction over the Premises or the activities performed thereon. Additionally, Tenant shall not use the Premises in any manner that will create an increase in the rate of insurance or a cancellation of any insurance policy. Tenant shall not keep, use or sell anything prohibited by any policy of fire insurance covering the Premises. In the event that any change in law takes place that, in Tenant's reasonable discretion, would make it materially more difficult or more expensive for the Tenant to use the Premises as provided for hereunder, then Tenant may, upon not less than sixty (60 days prior written notice to City, terminate this Agreement; for purposes of this Agreement, the term "change in law" shall include, without limitation: (a) any change to the Pitkin County Land Use Code; (b) any change to the zoning underlying the Premises; (c) any laws, condemnation proceedings, ordinances and/or regulations of any kind or nature adopted by the government of Pitkin County or the City (or any of their respective agencies); or (d) any court ruling of any kind by a court of competent jurisdiction, which would negatively impact the water rights appurtenant to the Premises, condemn all or any portion of the Premises, or otherwise negatively impact the Premises, or remove any portion of the premises from potentially productive ranch, agricultural or equestrian uses. The premises to which this lease pertains are described as that portion of the City of Aspen's Cozy Point Ranch containing approximately 93.5 acres as described on the attached map (Exhibit A). 3. Time of Occupancy. Acceptance and Surrender of Premises. Tenant shall be entitled to manage, use and occupy the premises as set forth in Paragraph 1, above. Occupancy of the Premises by the Tenant shall be construed as recognition that the Premises are in their "as is" condition, but shall not be construed as a waiver by Tenant of any of the City's agreements to conduct certain repairs to the Premises. 4. Payment. Tenant agrees to pay as rent to the City for use and occupancy of the Premises an amount equal to seven and one-half percent (7.5%) of the total annual gross receipts up to $500,000 and ten percent (10%) of annual gross receipts over $500,000 of any business conducted by Tenant on the demised Premises through the term of this agreement. Said rent shall be payable quarterly in arrears. The Gross Receipts calculation, which is reported quarterly on the tenant's profit and loss statement, shall be adjusted annually and retroactively to reflect the actual Gross Receipts calculated by the Tenant's licensed Certified Public Accountant and reported on Tenant's IRS Corporate tax return for the previous fiscal year. "Gross receipts" as used in this Agreement shall include all money or things of value received or paid to Cozy Point Ranch, LLC (Tenant) or to others for Tenant's benefit. "Gross receipts" shall include, but not necessarily be limited to, the following: all sales of merchandise; receipts from rentals of stalls, runs, fields, or other boarding facilities; receipts of any payments from trainers or other third party users of the facility; receipts from reimbursements of expenditures made for others; receipts from any special events not dedicated to non-profit sponsors or beneficiaries; or other receipts from any commercial activity conducted on the Premises for which Cozy Point Ranch, LLC (Tenant) is compensated. "Gross receipts" shall not include direct taxes on the merchandise or services sold that are passed on to and paid by consumers, clients, or customers of such services or merchandise, or by Tenant as a tax, and shall also not include any receipts for expenses incurred by Tenant in connection with providing a venue for benefits or other fund raising activities for non-profit organizations. Gross receipts shall also not include the sale of any of Tenant's assets. A reconciliation shall accompany a copy of the Tenant's corporate tax return showing adjustments by month for items either included or excluded from the previously reported "Gross receipts" calculations for the period covered by the tax return. Within thirty (30) days after the end of each calendar quarter, Tenant shall furnish the 2 City of Aspen Finance Department with a statement to be certified as correct by Tenant or an employee of Tenant authorized so to certify, which shall set forth the gross receipts for the quarter just concluded, and the authorized deductions, if any, from such amount. With each statement, Tenant shall pay to the City the amount of rent that is payable to the City as shown thereby. Tenant's accounting books and records, including supporting documentation, shall be open to the City during the term of this lease and for three years after the termination of the lease for the City's inspection, verification or audit. Such inspection, verification or audit shall be conducted either by City employees or independent contractors engaged by the City at City's expense. In the event that this lease agreement or any subsequent extension thereof is terminated, for any reason, by either party, then any rent balance due the City shall become due and payable within thirty (30) days of the date that either party presents to the other a statement indicating the balance owed, together with any supporting documents reasonably necessary to provide backup information regarding such statement items. City will fund capital improvements fully through the capital asset management process. No capital maintenance will be undertaken without budgetary approval from City Council on a per project basis. Repairs and/or maintenance will be the responsibility of the Tenant and may be effected by Cozy Point Ranch, LLC, Tenant, or by an entity that is affiliated with the Tenant. 5. Access to Premises. City shall be entitled to enter upon the Premises at all reasonable hours for the purpose of inspecting the same, preventing waste or loss, or enforcing any of City's rights hereunder. Tenant shall be responsible to insure that the facilities of the property covered under this lease agreement are open and safe for the enjoyment of the public. 6. Duties of Tenant Relative to Operation and Management of the Ranch and Equestrian Center. During the term of this Agreement the Tenant agrees to the following terms and conditions: a. Equestrian Center Tenant shall operate a public equestrian boarding, exercising and training facilitiy, accommodating both English and Western disciplines. Regular public office hours for the Tenant and Cozy Point Ranch staff will be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for holidays. The equestrian facilities will be available for use by the boarders and the general public from 8:00 a.m. to 5:00 p.m., seven days per week, 52 weeks per year. Before and after hours use may be arranged with Tenant by waiver and on an individual, case -by -case basis; however, Tenant shall not be obligated to provide any after-hours use, but such use shall not be arbitrarily limited. Boarders will be permitted twenty-four hour per day/seven days per week access to their horses for medical, health, or dietary purposes. Tenant reserves the right to restrict access to the indoor and outdoor arenas during special events, clinics, schools, or competitions. The facility shall be operated so as to accommodate without discrimination the exercising and training needs of the public, both boarders and non -boarders of all ages, subject to equitable barn rules and fees. Tenant shall arrange to have instruction and training 3 available in both Western and English disciplines and to accommodate without discrimination, instruction and training provided by outside trainers, not directly employed by Tenant, to both boarders and non -boarders subject to equitable barn rules and fees. Tenant shall make the arenas, either indoor or outdoor depending upon the weather, available without charge for up to four (4) hours per week, on weekends during the school year, for charitable youth -oriented activities. The Tenant shall encourage the development of a riding school for children as well as promote various equestrian clinics and competitions. The public shall not be arbitrarily or unnecessarily excluded from the use of, or access to, the exercise and training facilities during such clinics, schools or competitions. Tenant shall manage and maintain buildings, improvements, and equipment "as is" and to make commercially reasonable efforts to make improvements as funds are available. Management and maintenance of the equestrian facility shall include grass cutting and snow removal, routine maintenance of the barns, houses, arenas and fencing, refuse disposal, purchase of needed supplies; and other work reasonably required to maintain and operate the property. Tenant shall develop and utilize suitable horse board agreements, release agreements, sublease agreements, incident reports and other grievance procedures documentation, and any other documents necessary and appropriate to protect the City and Tenant, and to collect all horse board, rents, deposits, fees and other income derived from the operations of the ranch and the equestrian center. Tenant shall provide a copy of all such documents to the City for its approval before their use in the management of the property. The City's review of such documents shall be conducted within seven (7) working days and approval shall not be unreasonably withheld. b. Capital Improvements Capital improvements, which are recognized as an important element of the long- term viability of the leased premises, shall be accomplished through the City of Aspen Asset Management Plan Process. This process, which includes the recommendation, approval, and appropriation of funds for capital maintenance and improvements for facilities within the City of Aspen, will be the mechanism that the City of Aspen will follow to provide funding to the facility. Tenant shall be responsible to maintain a capital maintenance and improvement list which will be reviewed annually with City of Aspen staff. Staff will then prioritize specific items for inclusion in the Asset Management Plan Process contingent upon available funding. Tenant shall work with City in creating, for each calendar year, a schedule of capital improvement, repair and/or maintenance items that Tenant may effect. No 51 such capital improvements, repairs and/or maintenance shall be conducted without the City's prior written consent. All capital improvements, repairs and/or maintenance, including any funded solely by Tenant, of a permanent and fixed nature shall become the property of the City upon termination of this Agreement; provided, however, that any portable, modular, and/or temporary structures paid for by Tenant shall remain the property of Tenant; provided, however, that portable, modular, and/or temporary structures are identified in writing as such before they are constructed or placed into service. C. Repair and Maintenance Tenant shall, at its expense, be required to do all general maintenance of the property, including, but not limited to, trash removal, cleaning of ditches, painting, clean up of storage areas, including snow storage areas, and any other reasonable maintenance to keep the property in a visually -pleasing condition while maintaining a fully functional and safe working environment. Tenant shall make commercially reasonable efforts to improve the condition of the pastures, fields, and fencing and to cooperate with City to ensure that the irrigation systems do not deteriorate from their current condition. This section includes normal day- to-day operations of a working ranch. Examples include, but are not limited to, field disking and seeding, fence repair and cross fencing, irrigation operations and repair, manure management, haying, minor building repairs and general land management. The parties hereto agree that Tenant's duties set forth in this subsection, and elsewhere in this Agreement, shall not require Tenant to repair or maintain any portion of the Premises, other than the pasture, fields or fencing, in a condition better than that which existed on the date of this Agreement or on the date an improvement is placed into service. Tenant also, at its sole expense, shall keep the premises, including roadway, outdoor walks and access ways, in a good, clean and safe condition and do all work and repair necessary to maintain same and to keep it from deteriorating; provided, however, that the parties hereto agree that Tenant's duties set forth in the preceding sentence shall not require Tenant to repair or maintain any portion of the Premises in a condition better than that which existed on the date of this Agreement, or on the date that an improvement is placed into service. All areas used to board horses shall be maintained in a safe, sanitary, and clean condition to properly ensure the health and safety of all animals boarded on the premises. The standards of health, safety, and welfare for the animals shall be those that are common and usual in the business of horse boarding and the operation of an equestrian center. Repairs and replacement of capital infrastructure shall be undertaken by the City 5 as needed and will be effected through the City of Aspen Asset Management Plan Process or on an emergency basis if required to protect the City's assets and/or the Tenant's property and safety. This will be done solely upon City Council's appropriation of necessary funds. d. Noxious Vegetation Tenant shall be required to accomplish all noxious vegetation control work on all property contained within the lease boundaries. Tenant shall, at its expense, accomplish noxious vegetation control work that includes control of all listed noxious weeds on the Colorado Department ofAgriculture Noxious Weed Lists A, B, and C. (Exhibit B ). Tenant will meet annually with the City of Aspen Parks and Recreation Department to outline annual noxious vegetation control efforts. The City of Aspen Parks and Recreation Department will provide specific technical assistance on Integrated Pest Management strategies for noxious vegetation control efforts to the Tenant. e. Conservation Values Tenant shall maintain the facilities and property in concert with the Aspen Valley Land Trust Deed of Conservation Easement in Gross as described in the attached Exhibit C. £ Environmental Protection Tenant shall meet with the City's Environmental Health Department and will comply with all environmental protection recommendations and guidelines as set forth by the Environmental Health Department. Any and all activities and events on the ranch will address environmental considerations at every stage and will include environmental factors in every decision to purchase a product or contract a service, in accordance with the City's ZGreen event standards. Tenant will make efforts to minimize water and energy consumption, waste generation, and air pollution emissions. No magnesium chloride will be used in any area of Cozy Point Ranch properties. Energy Use and Greenhouse Gas Reduction Requirements are as follows: Cozy Point Ranch is a City of Aspen facility and as such the day -to- day activities and capital improvements must be actively working towards the City's goal of the reduction of Green House Gases (GHG). It is the Tenant's responsibility to identify, upgrade, install, operate and manage the property toward achieving this goal. Tenant is responsible for meeting with The City of Aspen's Energy Efficiency Manager to develop short-term and long-term goals for accomplishing those goals set forth in the City's Canary Initiative. Tenant agrees to achieve these goals, as follows: Buildings: • Reduce greenhouse gas emissions by 20% below 2004 levels in all City of Aspen facilities. • Require all new construction (commercial & residential) to be 50% more energy efficient than the International Energy Conservation Code. • Upgrade existing facilities with the most energy efficient systems, utilities and amenities. • Require all remodel projects to exceed the International Energy Conservation Code by 15 % on retrofits. • Require Energy Star® or equivalent products, when available, for any new equipment that uses electricity or natural gas. Transportation: Increase the use of highly fuel -efficient and low emissions -fuel engines and machinery in on -road and off -road vehicles used in the day to day operations of the facility, when new equipment is purchased as needed. Electricity: Generate and/or purchase 45% of the facilities power from renewable sources. Waste Reduction & Recycling: • Increase the facilities and operations overall solid waste recycling rate by 20%. • Decrease the amount of solid waste generated at the site. Bear -Proof Trash Facilities will be installed and maintained according to the following: It is Tenant's responsibility to manage solid waste according to City of Aspen ordinances. All solid waste that falls under the guidelines of the Wildlife Protection Ordinance is required to be managed according to the guidelines of the ordinance. Tenant may choose a method of wildlife resistance that best suits the needs of the ranch and its operations. This is more fully described below. Wildlife -resistant refuse container means a fully enclosed container that can be constructed of pliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the standards of testing by the Living With Wildlife Foundation and approved by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by a City -designated official. (Ord. No. 27- 2005, §1; Ord. No. 8-2008) Wildlife -resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not be attached to an historic structure, shall not be located in a public right-of-way and shall be located adjacent to the alley where an alley borders the property. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. Facility Recycling Requirements are described below: It is Tenant's responsibility to manage solid waste according to City of Aspen ordinances. The facility will have to provide recycling for its own operations and for the operations of any of its tenants or subleases. Recyclable Materials means any materials that are designated by the City Manager in the "Recyclable Materials List" which may include, but are not limited to, newspaper, office paper, cardboard, glass containers, plastic containers, steel cans and aluminum cans. Yard Waste shall mean materials generated from the maintenance of the vegetation on a property that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. All recyclables and yard waste accumulated on any premises shall be placed in a container separate from garbage, or in a suitable manner such as cardboard broken down and placed on a shelf. g. Riparian Area Protection Tenant shall be required, at its expense, to implement a Riparian Area Protection Zone adjacent to all riparian and wetland areas identified within the boundaries of the leased area. This Riparian Area Protection Zone will consist of a 100-foot setback protection zone from all riparian and wetland areas identified within the leased portions of the property. h. Agricultural Activities Tenant shall, at its expense, provide to the City of Aspen Parks and Recreation Department an annual report which outlines specific agricultural activities proposed for the leased property. This report will include specific information related to all agricultural activities proposed for the facility. This report will also specify proposed improvements to the quality of the agricultural lands for review by the City of Aspen. Storage of Vehicles and Miscellaneous Items Tenant shall allow only those vehicles and other miscellaneous items that are associated with direct facility operations to be stored on the property described in this lease agreement. The facility shall not be operated as a storage facility for any vehicles or other miscellaneous items that are not directly related to equestrian facility operations or agricultural operations. Storage of horse trailers at the facility is allowable. Emergencv Plans and Safety Procedures In compliance with instructions from the Aspen Fire Protection District, Tenant shall create, submit and implement specific emergency plans to address the possibility of a fire or other emergency and shall post emergency evacuation plans and educate all employees and inform boarders of these procedures. Fire extinguishers and smoke detectors will be installed and kept in working order in compliance with Aspen Fire Protection District regulations, including in the residences on the property. In addition, an annual safety inspection and audit will be conducted by the Colorado Intergovernmental Risk Sharing Agency (CIRSA), and Tenant agrees to implement any and all recommendations for improvements that may arise from such audit, including but not limited to electrical, mechanicals, and any other utilities. The City may contribute to these improvements, based upon their cost and size. If an inspection uncovers a significant capital expenditure that is needed, the City of Aspen and Tenant shall work together to incorporate these necessary improvements into the City of Aspen Asset Management Process. k. Slgnage The City of Aspen and Tenant shall work together to implement a specific signage plan at the facility that clearly and specifically identifies that the leased property is owned by the City of Aspen. This signage plan shall be designed to provide information to the public about general directions, hours of operations, emergency contact information, recreational opportunities, and other specific information about the facility and property as is deemed appropriate. Tenant shall not place any signs upon the Premises or upon the buildings except of such design and construction as may be permitted by City. It is understood by the parties that placement of an identification sign or signs is important and necessary to Tenant's business, and permission shall not be unreasonably withheld for the posting of a sign for Tenant's business provided that such sign complies with all applicable laws and regulations. Any sign permitted by City shall at all times comply with applicable ordinances, rules and regulations. Directional and all other signage within the ranch property shall be the responsibility and expense of Tenant upon review and approval by the City. The City of Aspen shall bear the responsibility for creating and installing adequate signage to identify Cozy Point Ranch as a City of Aspen Open Space facility. Recreational and Educational Opportunities Increased public involvement on Cozy Point Ranch is important to the City of Aspen. Tenant shall contact the City of Aspen Recreation Department and the Special Events Department annually to identify additional opportunities which may exist for developing recreational programming and events at the ranch. Horse -riding experiences for non -horse owners are encouraged. In addition, non - horse related activities at the facility need to be expanded for children and young adults such as sporting activities, competitions, fund-raising events, hiking, biking, etc Tenant shall develop interpretive and educational outreach programs designed to embrace the community in areas not only relating to the equine experience, but opportunities for other entities to hold classes or create experiences for adults and children to learn the history of ranching in the valley and/or experience life on a operating ranch facility as it exists today. Guided hikes, summer camps, self - guided tours, etc., may be included in such efforts. A report of such activities will be sent annually to the City of Aspen Parks and Open Space Director. Tenant shall annually report on all newly created outreach educational and recreational activities on the ranch, specifically addressing non -equestrian activities. Tenant shall report on efforts to offer and advertise the ranch as a public facility available for use by the general public and non-profit organizations alike. During the first year of the term of this lease, Tenant shall create a baseline record of all outreach activities which will be reported to the City of Aspen Parks and 10 Open Space Director. Tenant shall document both the number of days and people served during each and every activity or event held on the ranch and shall report these annually to the City's Parks and Open Space Director. During all subsequent years of the term of this lease, Tenant will annually achieve a reasonable increase in these and other non -equestrian activities occurring at the ranch. Tenant's anticipated marketing plan for effecting these increases will be reviewed by the City's Parks and Open Space Director and will be revised as necessary by the Tenant. Tenant and the City shall annually assess the success of the educational and recreational outreach activities on the ranch and will make adjustments based upon the measured success of these activities. The level of success will be measured in many arenas including advertising efforts, marketing activities, percentage of increase in the use of the ranch, and increase in the diversity of users on the ranch. in. Financial Reporting Tenant shall submit quarterly financial reports including income and expense statements to the City of Aspen Finance Department and maintain normal books of account on all operations for review upon request by City officials or staff. n. Status Reports Tenant shall submit annual status reports to the City of Aspen Director of Parks and Open Space for distribution to City officials and staff in order to facilitate City monitoring of all activities of the Property. These reports include a narrative detailing the status of ranch land management activities, and equine facility management and business management updates, with an overview of specific plans in each area moving forward. o. Complaints and Incident Reports Any incidents of complaints and all issues requiring City action or decisions need to be submitted to the Director of Parks and Open Space. Further, City shall promptly notify Tenant of any complaints received by City regarding the operation of the facility. Tenant shall not discourage the reporting of complaints or issues directly to the City of Aspen which may arise from any source. P. Permits Tenant shall secure such permits as may be required by Pitkin County, if any, for uses of and activities on the ranch and equestrian center property and notify the City Manager and other organizations and agencies (e.g., Sheriff, Brush Creek Homeowners Association, Snowmass Village, etc.), where appropriate, in 11 advance of all special events on, or uses of, the Premises. q. Liability Insurance Tenant shall maintain such general liability insurance coverage for persons and animals under Tenant's care as shall be required by the City on all uses of and activities on the property and obtain signed Releases of Liability of both the City and the management entity from all boarders and all participants in all equestrian activities on the property, to be preserved for not less than three (3) years. Notwithstanding the foregoing, however, in the event that Tenant is unable to obtain and/or maintain insurance at a reasonable cost, then Tenant may, in its discretion, terminate this Agreement by providing City with not less than sixty (60) days prior written notice of termination. For purposes of this subsection, unreasonable cost shall mean either a 100% annual increase in the cost of premiums or a total cost of insurance premiums in excess of $10,000.00 in any single calendar year. r. Annual Performance Measures Tenant shall be required to meet or exceed the following annual performance measures as outlined below: Through an annual survey of Tenant's clients, the City shall acquire customer service data to assess the level of satisfaction with Tenant's staff, including dispute resolution process, and the overall general condition of facilities and services provided at Cozy Point Ranch. The City and Tenant shall agree on a survey instrument to be used for this purpose. The survey shall solicit responses that can be graded on a scale of 0 to 10. A successful "level of satisfaction" shall include a total average score of seven (7) or better. 2. The City shall annually engage an equine specialist to provide a professional inspection and assessment of the equine facilities at Cozy Point Ranch. The City and the Tenant shall mutually agree on the selection of the equine specialist. The specialist will certify that the operations are meeting the standard of professionalism and safety as it relates to the overall equine operations. The specialist will inspect and report on the footing, fencing, safety and any other items that may be deficient regarding the operations or general maintenance of the facility. Tenant shall act as project manager to remedy immediately any deficiencies that may be uncovered. For any and all items that require a significant capital investment, Tenant shall prepare a summary of improvements, costs, and completion schedule to present to the City to correct the deficiencies. If approved, funding will be effected through the City of Aspen Asset Management Plan Process at the discretion of City Council. 12 3. The Tenant in conjunction with the City shall meet annually with both the Aspen Valley Land Trust (AVLT) and Roaring Fork Conservancy (RFC) to craft an inventory and action plan of sustainable agricultural practices and environmental stewardship actions. AVLT and RFC shall certify that the environmental standards are being met and that Tenant is meeting the standards of good environmental stewardship on the property. Any deficiencies noted in AVLT's or RFC's reports shall be corrected by Tenant within a reasonable time. Non-compliance with any goals or objectives set forth herein shall place Tenant on probation effective immediately for one (1) year, during which time Tenant shall cure any and all deficiencies. The City, at its sole discretion, may terminate this lease with ninety (90) days' notice, if Tenant fails to cure any terms and conditions set forth herein and above within the one (1) year probation period. The City shall use objective standards, when available or possible, to determine Tenant's compliance; however, the City shall be the sole judge of Tenant's compliance with the performance standards set forth above. 7. Duties of the City Relative to the Ranch and Equestrian Center. During the term of this Agreement the City agrees to the following: a. City shall grant to Tenant the right of quiet enjoyment of the Premises, and to permit Tenant to use the Premises for Tenant's sole use and occupancy, and to manage the Premises, and conduct Tenant's equestrian business on the Premises, in a commercially reasonable manner as may be determined by Tenant in Tenant's sole discretion for so long as Tenant shall abide by the terms of this Agreement. b. In the event that City decides to sell the Premises during the term of this Agreement, then Tenant shall have a right of first refusal to purchase the Premises. Tenant's right shall run for a period of thirty (30) days from the date that City presents to Tenant an executed contract to purchase the Premises. Tenant may exercise such right within such time period by providing City with a written notice stating that Tenant desires to purchase the Premises on the same terms as set forth in said contract. Tenant's failure to send such a notice within the thirty (30) day time period shall constitute a waiver of Tenant's right. C. In the event that Tenant has performed its obligations hereunder, and in the event that the term of this Agreement expires, then Tenant shall be given the opportunity to match any competing bids that City may receive to operate the Premises subsequent to the term hereof. Such right shall run for a period of thirty (30) days from the date that City presents to Tenant a document stating the terms upon which a competitor of Tenant desires to operate the Premises. Tenant may exercise such right within such time period by providing City with a written notice stating that Tenant desires to operate the Premises on the same terms as set forth in said contract. Tenant's failure to send such a notice within the thirty (30) day time period shall constitute a waiver of Tenant's right. 13 8. Utilities and Security System. Tenant shall, at its own expense, provide all water, heat and electric utilities, and telephone service for the buildings and ranch operation. 9. Personal Property. All personal property and trade fixtures placed on the Premises shall be at Tenant's sole risk and City shall not be liable for damage to or loss of such personal property or trade fixtures arising from the acts or neglect of Tenant, its agents or employees. Any personal property or trade fixtures of Tenant or anyone claiming under Tenant, which shall remain on the Premises after the date upon which the Premises shall be surrendered, shall be deemed to have been abandoned and may be retained by City as its property or disposed of by City in such a manner as City sees fit. 10. Taxes. In the event any taxes are levied and assessed upon Tenant's leasehold interest in the Premises or upon the improvements, fixtures or personal property of the Tenant during the term of Tenant's occupancy of the Premises or arising therefrom, or upon the leasehold or possessory interests as created through this lease, Tenant shall be solely responsible to satisfy and pay all such taxes in a timely fashion. Tenant shall not allow any liens for taxes or assessments to exist with respect to the Premises, except that Tenant may permit such taxes or assessment to remain unpaid while pursuing any good faith contest or appeal of same. 11. Indemnification. Tenant agrees to indemnify and hold harmless the City, its officers and employees, 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 similar loss, which arise out of or are in any manner connected with this Agreement, if such injury, loss, or damage is caused in whole or in part by, the omission, error, or negligence of the Tenant, any subcontractor of the Tenant, or which arises out of any workmen's compensation claim of any employee of the Tenant or of any employee of any subcontractor of the Tenant. 12. Public Liability Insurance. Tenant agrees to furnish City with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, operation or location of the Premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to City. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. 24-10-101 et s�Mc., as amended. At present, such amounts shall be as follows: $150,000.00 for any injury to one person in any single occurrence; $600,000.00 for any injury to two or more persons in any single occurrence. In no event shall such insurance amounts fall below those maximum liability limits as set 14 forth at C.R.S. 24-10-114, as amended. City shall notify Tenant of any changes in the above referenced amounts. 13. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault on the part of Tenant, the Premises shall be damaged by fire or other catastrophe so as to render said Premises wholly untenable, and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado, as selected by both the City and Tenant, within fourteen (14) days from the date of loss, shall certify in writing to the City and Tenant that the Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage, then Tenant may elect in writing (no later than ten (10) days from the date of the architect's certificate) to either continue this Agreement or terminate this Agreement. If Tenant elects to continue this Agreement, then Tenant and City shall meet and attempt to negotiate in good faith a reduction in rent so as to compensate Tenant for the damage caused to the Premises; in the event that such negotiations fail, then Tenant may terminate this Agreement by providing to City a written termination notice. In the event that the Premises were damaged absent negligence or fault on the part of Tenant, then Tenant shall be released from Tenant's obligations set forth herein to return the Premises to City in the same condition (ordinary wear and tear excepted) as existed on the date hereof for those portions of the Premises damaged by fire. If, however, the damage is not such as to prevent reoccupation and use of the Premises within ninety (90) days, then repairs thereto shall be undertaken by Tenant (to be offset against rents otherwise due to City) with all reasonable speed to restore the Premises to its former condition and the Agreement shall remain in effect. Tenant's duties and obligations to provide services as herein set forth shall be suspended during those time periods wherein the Premises are unfit for normal business activities due to fire or other catastrophe, and/or repair activities associated therewith. 14. City to be Named a Co -Insured or Additional Insurance. Tenant shall name City as co- insured or additional insured on all insurance policies and such policies shall include a provision that written notice of any non -renewal, cancellation or material change in a policy by the insurer shall be delivered to City thirty (30) days in advance of the effective date. 15. Repairs and Alterations by Tenant. Tenant, upon city's written consent, may, at its own expense, make reasonable and necessary alterations or improvements to the Premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the Premises. All permanent, fixed alterations, additions and improvements made in or to the Premises shall be the property of City and remain and be surrendered with the Premises upon termination of this Agreement; provided, however, that any portable, modular, or temporary structures paid for by Tenant shall remain the property of Tenant; provided, however, that they are identified as such in writing prior to their construction or placement into service. Tenant agrees that prior to any construction or installation of alterations, additions or improvements, Tenant shall post on the Premises in a conspicuous place 1161 a notice of non -liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of the City and shall notify City of such posting and the exact location of same. Perfection of a mechanic's lien against the Premises as a result of Tenant's acts or omissions may be treated as a material breach of this Agreement. 16. Repairs and Alterations by City. City reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, renovations or repairs in and about the Premises. City shall provide reasonable notice to Tenant in advance of any intent to undertake alterations or repairs as authorized in this paragraph and all work shall be performed at such times as mutually agreed to between the parties so as to eliminate or minimize any disruption of Tenant's business and protect the health and safety of the animals. 17. Condemnation. If during the term of this Agreement, or any renewal of it, the whole or part of the Premises, or such portion as will make the Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, for public use, then this Agreement shall cease as of the date of the vesting of title in the Premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Tenant shall be entitled to that part of any condemnation award for the value of the unexpired term of this Agreement or for any other estate or interest in the Premises. 18. Assignment of Agreement. Tenant shall not assign, pledge, sublease or otherwise dispose of or encumber this Agreement, or the Premises, without the prior written consent of the City. Notwithstanding the foregoing, however, Tenant may sublease portions of the Premises to third parties, from- time to time; no such sublet shall relieve Tenant of its obligations hereunder. Tenant shall notify City of all subleases for portions of the Premises. 19. Breach. a. Breach by Tenant: If Tenant shall fail to timely comply with any of the terms or conditions of this Agreement, including, but not limited to, maintaining the premises used by animals in a safe, healthy and sanitary condition, or any notice given under it, or shall become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property be attached and such attachment is not promptly released, or if an execution be issued against it, or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or if it shall abandon the Premises for a period of more than seventy-two (72) hours, then at any time afterwards City may treat such act or omission as a breach of this Agreement. In the event of any such breach, City shall send to Tenant a written notice stating the grounds of such breach. Tenant shall then have thirty (30) days within which to cure such breach. Failure to so cure any such breach shall constitute an "Event of Default" hereunder. III b. Breach by City: If City shall fail to timely comply with any of the terms or conditions of this Agreement, or in any way disturbs Tenant's quiet enjoyment of the Premises, then Tenant may treat such act or omission as a breach of this Agreement. In the event of any such breach, Tenant shall send to City a written notice stating the grounds of such breach. City shall then have thirty (30) days within which to cure such breach. Failure to so cure any such breach shall constitute an "Event of Default" hereunder. 20. Remedies: a. City's Remedy for Event of Default: Any Event of Default by Tenant shall be cause for termination of the Agreement by City in the manner set forth in this paragraph. City shall deliver to Tenant three (3) business days' prior written notice of its intention to terminate this Agreement. City shall have the right to declare this Agreement terminated upon the end of such three (3) business day period, and all rights powers and privileges of Tenant as provided through the Agreement shall cease, and Tenant shall immediately vacate the entire Premises. In addition to the above stated remedy, if in the reasonable opinion of the City, Tenant has failed to maintain the premises in a safe, healthy and sanitary condition which threatens the well being of any animals boarded on the premises following notice of such condition(s) by the City and failure to cure by Tenant in a reasonable period of time, City shall have the right to terminate this Agreement upon seventy-two (72) hours written notice as provided above; and, at its option, enter into the Premises and remove all persons and take and retain possession thereof either with or without process of law. The City shall retain the services of a qualified veterinarian to assist the City in determining the safety and well being of any animals boarded at the facilities. b. Tenant's Remedy for Event of Default: Any Event of Default by City shall be cause for Tenant's recourse to the remedies set forth in this paragraph. Tenant may elect to either terminate this Agreement or continue this Agreement if any Event of Default by the City shall occur. If Tenant desires to terminate this Agreement, then Tenant shall deliver to City three (3) business days' prior written notice of its intention to terminate this Agreement. Tenant shall have the right to declare this Agreement terminated upon the end of such three (3) business day period, and all obligations of Tenant as provided through the Agreement shall cease. Furthermore, notwithstanding any such termination, Tenant may seek to recover in a court of law any lost profits or any other costs and/or expenses incurred by Tenant as a result of the City's breach of this Agreement. If Tenant desires to continue this Agreement, then Tenant may send to City a written notice indicating that Tenant intends to continue this Agreement, but which notice shall also state any amounts of rent that Tenant intends to withhold for lost profits, or 17 other costs, which Tenant may seek to recover in order to compensate Tenant for the damage caused to Tenant by City's breach of this Agreement. 21. Non -Waiver of Rights. Any failure by City or Tenant to so terminate this Agreement as herein provided after the breach, default or failure by Tenant or City, as the case may be, to adhere to the terms of the Agreement shall not be deemed or construed to be a waiver or continuing waiver by City or Tenant of any their respective rights to terminate the Agreement for any present or subsequent breach, default or failure. 22. Non -Discrimination. Tenant agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Premises and its use. In performing under the Agreement, job applicant, or any member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. 23. 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. To the extent that this Agreement may be construed as requiring Tenant to provide services to or on behalf of City, Tenant 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 Tenant shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this Agreement. The manner and means of conducting the work are under the sole control of Tenant. None of the benefits provided by City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Tenant. Tenant shall be solely and entirely responsible for its acts and for the acts of Tenant's agents, employees, servants and subcontractors during the term of this Agreement. Tenant shall not be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this Agreement. The manner and means of conducting the work are under the sole control of Tenant. None of the benefits provided by City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Tenant. Tenant 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 Tenant and/or Tenant's employees engaged in the performance of the services agreed to herein. 24. Notice. Whenever this Agreement calls for or provides for notice and notice is not otherwise specified, the same shall be provided in writing and shall be served on the person(s) as designated by the parties below, either in person or by certified mail, postage prepaid and return 18 receipt requested. For City: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 For Tenant: Monroe Summers COZY POINT RANCH, LLC 111K AABC Aspen, CO 81611 The parties may change or add such designated person(s) or addresses as may be necessary from time to time in writing. 25. Binding Effect. All of the terms and conditions as contained in this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 26. Controlling Law. This Agreement shall be enforced and interpreted in accordance with the laws of the State of Colorado. Any action brought to enforce or interpret this Agreement shall be brought in the District Court in and for Pitkin County, Colorado. In the event of litigation between the parties concerning this Agreement or matters arising therefrom, the prevailing party shall be awarded its costs and reasonable attorney's fees. 27. Entire Agreement. This instrument constitutes the entire agreement by the parties concerning the Premises and shall supplant and supersede any previous agreements between the parties pertinent to the Premises. Any prior or contemporaneous oral or written agreement that purports to vary from the terms as set forth herein shall be void and of no effect. 28. Amendments. Except as otherwise provided herein, this Agreement and all of its terms and conditions may not be amended or modified absent a written agreement duly executed by the parties. WHEREFORE, the parties, through their duly authorized representatives, have executed this Agreement upon the dates as set forth herein. ATTEST: LESSOR: THE CITY OF ASPEN, COLORADO By: Name: Title: Stephen Barwick City Manager 19 Kathryn S. Koch, City Clerk ATTEST: LESSEE (Tenant): COZY POINT RANCH, LLC By: Name: Title: Monroe Summers Manager 20 EXHIBIT B Colorado Department of Agriculture Noxious Weed Lists A, B, and C Excerpt from: DEPARTMENT OF AGRICULTURE Plant Industry Division 8 CCR 1203-19 RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO NOXIOUS WEED ACT (Title 35, Article 5.5) Part 3 List A Noxious Weed Species 3.1. List A of the Colorado noxious weed list comprises the following noxious weed species African rue (Peganum harmala) Camelthorn (Alhagi pseudalhagi) Common crupina (Crupina vulgaris) Cypress spurge (Euphorbia cyparissias) Dyer's woad (Isatis tinctoria) Giant salvinia (Salvinia molesta) Hydrilla (Hydrilla verticillata) Meadow knapweed (Centaurea pratensis) Mediterranean sage (Salvia aethiopis) Medusahead (Taeniatherum caput-medusae) Myrtle spurge (Euphorbia myrsinites) Orange hawkweed (Hieracium aurantiacum) Purple loosestrife (Lythrum salicaria) Rush skeletonweed (Chondrilla juncea) Sericea lespedeza (Lespedeza cuneata) Squarrose knapweed (Centaurea virgata) Tansy ragwort (Senecio jacobaea) Yellow starthistle (Centaurea solstitialis) 3.2. All populations of List A species in Colorado are designated by the Commissioner for eradication 3.3. It is a violation of these rules to allow any plant of any population of any List A species to produce seed or develop other reproductive propagules. Part 4 List B Noxious Weed Species 4.1. List B of the Colorado noxious weed list comprises the following noxious weed species: Absinth wormwood (Artemisia absinthium) Black henbane (Hyoscyamus niger) Bouncingbet (Saponaria officinalis) Bull thistle (Cirsium vulgare) Canada thistle (Cirsium arvense) Chinese clematis (Clematis orientalis) Common tansy (Tanacetum vulgare) Common teasel (Dipsacus fullonum) Corn chamomile (Anthemis arvensis) Cutleaf teasel (Dipsacus laciniatus) Dalmatian toadflax, broad-leaved (Linaria dalmatica) Dalmatian toadflax, narrow -leaved (Linaria genistifolia) Dame's rocket (Hesperis matronalis) Diffuse knapweed (Centaurea diffusa) Eurasian watermilfoil (Myriophyllum spicatum) Hoary cress (Cardaria draba) Houndstongue (Cynoglossum officinale) Leafy spurge (Euphorbia esula) Mayweed chamomile (Anthemis cotula) Moth mullein (Verbascum blattaria) Musk thistle (Carduus nutans) Oxeye daisy (Chrysanthemum leucanthemum) Perennial pepperweed (Lepidium latifolium) Plumeless thistle (Carduus acanthoides) Quackgrass (Elytrigia repens) Redstem filaree (Erodium cicutarium) Russian knapweed (Acroptilon repens) Russian -olive (Elaeagnus angustifolia) Salt cedar (Tamarix chinensis, T.parviflora, and T. ramosissima) Scentless chamomile (Matricaria perforata) Scotch thistle (Onopordum acanthium) Scotch thistle (Onopordum tauricum) Spotted knapweed (Centaurea maculosa) Spurred anoda (Anoda cristata) Sulfur cinquefoil (Potentilla recta) Venice mallow (Hibiscus trionum) Wild caraway (Carum carvi) Yellow nutsedge (Cyperus esculentus) Yellow toadflax (Linaria vulgaris) 4.2. List B noxious weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, develops and implements state noxious weed management plans designed to stop the continued spread of these species. List B species must be managed in accordance with all the provisions of this Part 4, including any applicable state noxious weed management plans. Until a plan for a particular species is developed and implemented by rule, all persons are recommended to manage that species. Part 5 List C Noxious Weed Species 5.1. List C of the Colorado noxious weed list comprises the following noxious weed species: Chicory (Cichorium intybus) Common burdock (Arctium minus) Common mullein (Verbascum thapsus) Common St. Johnswort (Hypericum perforatum) Downy brome (Bromus tectorum) Field bindweed (Convolvulus arvensis) Halogeton (Halogeton glomeratus) Johnsongrass (Sorghum halepense) Jointed goatgrass (Aegilops cylindrica) Perennial sowthistle (Sonchus arvensis) Poison hemlock (Conium maculatum) Puncturevine (Tribulus terrestris) Velvetleaf (Abutilon theophrasti) Wild proso millet (Panicum miliaceum) 5.2. List C noxious weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designed to support the efforts of local governing bodies to facilitate more effective integrated weed management on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide additional education, research, and biological control resources to jurisdictions that choose to require management of List C species. IllllillulllllllilillllllllllllllIIIII111lulllllllilt 1 {'( MLVIA DAVIS FITKIN COIMITY CO P. 95.@@ D C0,00 IDEEID OF CONSERVATION EASEMENT IN T GROSS Cozy Point Ranch, Aspen �tr JLC THIS DEED OF CONSERVATION EASEMENT is granted this�day of -Mag 2003, by the CITY OF ASPEN ("Grantor's, to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit •corporation, 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust")(collectively, the "Parties"). RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Pitkin County, State of Colorado, more particularly described in *Exhibit A (the "Property"). The Property is comprised of approximately 168 acres of land commonly known Cozy Point Ranch, S - and WHEREAS, the Property possesses natural, scenic, open space, and recreational values (collectively, "Conservation Values') of importance to the Trust, the people of Pitkin County, and the people of the State of Colorado that are worthy of preservation; and WHEREAS, in particular, the Property is a historic ranch established in 1890 and is currently a working equestrian center and ranch with open space, highly visible from Highway 82, and which also provides habitat for deer, ell-, birds and other wildlife, and is bisected by J Brush Creek through the northern portion of the property; and WHEREAS, the City of Aspen has managed the property as a working equestrian ranch and has undertaken efforts to restore the creek -side habitat and elk and deer habitat in portions of the ranch; and WHEREAS, the specific Conservation Values of the Property are documented in an inventory of relevant features of the Property, on file at the office of the Trust, (which consists of reports, maps, photographs, and other documentation that the Parties agree provides, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for.monitoring compliance with the terns of this grant; and WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those relating to open space, wildlife habitat and recreational uses existing at the time of this grant, including the equestrian center and related employee housing, agricultural structures and equestrian facilities, which the Trust acknowledges and agrees do not significantly impair or interfere with those values; and WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; and RETURN TO: 533153.1 AUTSIN PEIRCE AND SMITH FRFD PEIRCE i��1ii ��lII i�l�� liil il�i i��� i Ili �ii �ii� ii�i Ili . T � ,. N11M; PJTKTP1 COUNTY CO P. 90 N &0 -FruA agl lLy ac� Itas grant to h(olor d• iwnijIiov�� ia,li d -; (A f geilv-io Collie; Gild .?f f-111, uld the ratioll- WFMRSAS, the 71 rust is a charitable organization as described iii Section 501(c)(3) of tht haternal Revenue Code. of 1986, as amended (the Tode') and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the Pitkin County and Roaring Fork Valley area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; and WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5-101 et seq.; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Grantor's gift of this Conservation Easement. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement!). 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its open space, natural habitat and agricultural condition subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving agriculture, conservation education, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms. of C.R.S. 38-30.5-101 et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Baseline Documentation of the Property will be prepared by September 1, 2003, by a person familiar with Conservation Easements and the property familiar with the environs. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor has ' s retained a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation is on file with the Trust. 3. Rights of Trust. To accomplish the purposes of this Easement, Grantor conveys the following rights to the Trust: 533153.1 �����"���,ra 5ILVO rotas PIi.TMii�III��III��I�I�IIII�iIINiiI�Iilii�IllNl�l��lllil��l W;, -vi 'k -0 io 1, Th.�, 77gair v-) pr scxirt- and PrOpok d1c:, 0,011S� 3.2). The light to enter upon the Property at reasonable times, to inspect the Proper(',' thoroughly, to nionitor Grantor's compliance with and otherwise enforce the terms of this Easement-, provided that such entry shall be upon twenty-four hour prior notice to Ch-antor, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement. The Trust shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, and 3.3. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may have an adverse impact on the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; and 3.4. Any other rights that the Parties may approve consistent with the purposes of this Easement and the Conservation Values. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: A. The change, disturbance, alteration, or impairment of the agricultural values within and upon the Property, except as provided herein. B . The construction, placement, reconstruction or replacement of any buildings, structures, camping accommodations, mobile homes, boat ramps, or billboards, except as, expressly provided herein. C. The conveyance of easements, rights -of -ways, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion. D. The removal, destruction, or cutting of native vegetation; E. The introduction of non-native plant or animal species except for commonly acceptable agricultural species; F. The use of pesticides or fertilizers other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices; G. The exploration for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, rock, or other materials on or below the surface of the Property. Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance from the Property, '- 533153.1 +. '1 ,1 +:Ii Gi51011, 61 It di 4_6r Jrr. CIJ-d aatb, £diYrCli4l:>trrt t. The use. of any motorized vehicles oft" roadways ilo4Y •r 15tll1E o5 ll'i roadways permitted herein, except for agricultural uses; J. The establishment or maintenance of any connuercial feed lot, which shall be defined for purposes of this Conservation Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually, for purposes of engaging in the business of the reception and extended feeding and finishing of large numbers of livestock for hire; K. The accumulation, dumping or other disposal of trash, ashes, garbage, or other offensive or unsightly refuse on the Properly, L. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines; M. The degradation, pollution, or drainage of any surface or sub -surface water; N. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; O. Any commercial or industrial non-agricultural uses; P.. To transfer, encumber, lease, sell, or otherwise separate the Water Rights necessary or appropriate for use in present or future ranching, agricultural production, or the maintenance of wildlife habitat on the Property; Q. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services; R. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement; S. Wind -powered electric generators to produce electricity for off -site use; T. Hunting on the Property is expressly prohibited. U. External Lighting; to install any lighting which interferes with wildlife's use of the property or with landowners whose property is within sight of the subject property, or from vehicles driving along Highway 82. 533153.1 4 INW��uwYTV CO �Vw�M <. colrusisteu� , q.lres of the Property. Th? following; usFs anal t faOicF- though not an exhaustive recital, are consistent with this Easement, Ceitain of these consistent uses and practices are identified as being subject to specified conditions, to the notice pfovisioil as described in paragraph 7, and/or to the requirement of and procedures for prior approval by the Trust as described in paragraph 8: A. Fences: Grantor may repair or replace existing fences and build new fences for purposes incidental and necessary to the management of livestock and wildlife in compliance with the Colorado Division of Wildlife specifications for fencing in wildlife migration areas; B. Leasing of lands for agricultural purposes is permitted; C. Water rights: Grantor shall retain, reserve and preserve the right to use the Water Rights and such new water rights as may be developed as incidental and necessary to the maintenance and protection of the Agricultural character, wildlife and riparian habitat, and open space and scenic qualities of the Property and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, water wells and other water systems on the Property consistent with the uses permitted hereunder; D. Underground utilities as needed for employee housing and agricultural facilities-, E. Cutting and removal of dead, dying and diseased timber as may be reasonably necessary for fire protection or disease prevention purposes; F. The taking of such reasonable steps as are necessary to control erosion on the Property, G. Subject to the prior notice and approval provisions of Paragraphs 7 and 8, below, tree nurseries, row crops or cattle operations or other agricultural uses and related operations consistent with the uses permitted herein; H. If the Grantor no longer desires to engage in equestrian and other agricultural uses or use the Property for agricultural purposes, the Property may revert to wildlife habitat. I. ' Revegetation and habitat restoration and enhancement projects as are consistent with the City of Aspen Resource Management Plan. J. Construction and maintenance of public trails consistent with the City of Aspen Resource Management Plan. 6. Reserved Rights. Grantor reserves to himself and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in all uses of the Property that are consistent with the purposes of this Easement. Grantor shall notify the Trust in writing, as described in paragraph 7, before exercising reserved rights that might have an adverse impact on the Conservation Values. Grantor has the burden to prove that the Grantor's uses are consistent with this easement. 533153.1 Ilq�dq�NN�ulgd� , i•:7'+ nitmac.aija pr rcpi n,_', Cinb single-r'�Illll.l"rr borile. s 11p i, 1 f. ii ll!?�.�li,(•". iil liotaiii o ICplel!'k'. five Ernploy�' Dwelling units o nfi to 1,000 sgll"+Ii.' d., ;. aot, lnd iu rnainttia alid redevelop au equestrian center, bans and other accessory buildings tor 'till.: operation of a horse rancli and equestrian facility, with all enclosed buildings (excluding horse pasture shelters) limited to a building envelope not to exceed ten acres, as shown in Erliibit A. B. To use the southern pasture for parking at no more than three (3) special events per year through 2008, provided the Grantor develops and implements a plan for restoring the pasture between uses. C. To preserve and restore the historic bam and cabins/homes on the homestead site. D. Use of up to 12 acres of the south pasture for a polo and/or soccer playing field, along with standard field amenities such as parking, spectator facilities and restrooms, but no lighting as are consistent with the City of Aspen Resource Management Plan, provided any permanent facilities are located along the western side of the pasture to preserve a greenbelt area along Highway 82. E. Use of approximately 2 acres for the operation of an archery range 7. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify the Trust before undertaking certain permitted activities is to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than 60 days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is provided as to the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. . 8. The Trust's Approval. Whenever this Easement requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within 30 days of receipt of Grantor's written request therefore. The Trust's approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Easement; the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Easement and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. 9. Trust's Remedies: Enforcement. 9.1. Arbitration. If a dispute. arises between the parties concerning the consistency of srly proposed use or activity v✓i*d u'ie purposes of t1liS iaSoriacut, Graiitvr acca uet tv prG ecd 533153.1 6 iWIW�I�NITY CO MiWM�I; ,ritb the disputed use or. activity pending s;solution of tine dispute. Either pari;Y m1+y refer tira dispute to arbiira'tion by request made 'in writingupon the othr�. wit1un iturty (30) days of the receipt of such a request, the parties shall select a single arbitrator to hear the matte,: 1i dl parties are unable to agree on the selection of a single arbitrator, then each party shall name orte arbitrator and the two arbitrators thus selected shall select a third arbitrator who shall alone arbitrate the dispute; provided, however, if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail to select the third arbitrator then the arbitrator first selected by a party shall serve as arbitrator. A judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum. for all its costs and expenses related to such arbitration, including, without limitation, the fees and expenses of the arbitrator(s) and attorneys' fees, which shall be determined by the arbitrator(s) and any court of competent jurisdiction that may be called upon to enforce or review the award. The arbitrator has the authority to issue an injunction to prevent the Grantor from undertaking a prohibited action on the property, and to require specific performance of the Grantor to remedy a prohibited action. If the Grantor is required by this agreement to seek approval for a proposed activity, the Grantor shall refrain from performing the activity for which approval is being sought until the Trust has decided to grant approval or until an arbitrator has been selected and has ruled on the proposed activity. Within 30 days after one party invokes arbitration, each party shall provide the other with a good faith estimate of the cost of reasonable attorney fees, expenses and costs resulting from the arbitration. 9.2. Notice of Violation: Corrective Action. If the Trust determines that a violation of the terms of this Easement has occurred or is threatened, the Trust, shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purposes of this Easement or the Conservation Values, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by The Trust. Grantor intends that if any prohibited activity is undertaken on the Property, the Trust shall have the right to cause restoration of that portion of the Property affected by the prohibited activity to the condition that existed,before the prohibited activity commenced. Grantor shall bear the costs of any such restoration. 9.3. hiiunctive Relief. If Grantor fails to cure the violation within ten (10) days alter receipt of notice of the violation from the Trust, or under circumstances where the violation cannot reasonably be cured within a ten (10) day period, fails to begin curing such violation within the ten (10) day period or fails to continue diligently to cure such violation until finally cured, the Trust may appoint an arbitrator to enforce the terms of this Easement, utilizing the procedures set forth in Paragraph 9.1 above, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require or cause the restoration of the Property to the condition that existed prior to any such injury. 9.4. Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values, plus reasonable attomy's fees, expenses and costs. Without limiting Grantor's liability therefore, the Trust, in its sole 533153.1 7 �i3'�{U 1. rLl, IilB. Ur�31� )il +17Ji'tl�yV ;1�L.�r}r r�1' fl err I.Il4'• r.t1 l !i�: jl jjfirj jtl{-'li{;",�, Iti ',}171{ai4f� ltiJlli Ql =_vil 11e l Sl rjl l y, 9.5. Enleraenev Enforcement. If' t(ie Tina( reasonably believes an angoiRg ; threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take atunediate corrective action, including, without limitation, the control of noxious weeds, as set forth in this paragraph 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.6. Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be home by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. (Note: These costs are not associated with on -going compliance monitoring performed by Grantee pursuant to paragraph 3, above.) 9.7. The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the -Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. C.R.S. Section 38-41-119, which provides a one-year statute of limitations, is specifically overridden by this paragraph. Grantor waives the.defenses of lathes, estoppel and prescription with regard to the enforcement of allother terns of this Easement. 9.9. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Easement. 533153.1 8 A a , C'.oscs, jUadxtddties, "waxes and g'o idrouniew ai CornptJRIR«°, 11.1. Costs Legal Reguirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 11.2. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes!% including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15°/o) per anni m, or the maximum rate allowed by law. 11.3. RWresentations and Warranties. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substanee.defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, chemicals and pesticides customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no.pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are nokv pending, and no notices, claims, demands, or ordeiss have been received, arsing 533153.1 9 �udtlUIIMnYI�IYVIIY!IiW . !j PTTKIrl 11,UAV, 'r. P IDI I'll qolatir t.-, - applicable t') 41ry rlrcipe"q; n7its itar (in ibero, tr3d Kirov 6wl.r. that: 6:alltof rnlght it,,Isoiiably expect to ibrai the basis for Eiay procr)odings, itivestigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantors has good right, fall power and lawful authority to grant and convey this Basement, that any mortgages or liens on the Property are and shall, remain subordinate to the terms of this Easement, and Grantor hereby promises to wan -ant and forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof, except for rights -of -way, easements, restrictions, covenants and mineral reservations of record, which are acceptable to the Trust at the time of execution of the Easement. 11.4. Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmfiil or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 11.5. Control. Nothing in this Grant shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in The Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (ACERCLA@), and any Colorado state law counterpart. 11.6. Hold Harmless. Grantor shall hold harmless, indemnify, and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties@) from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other fidlure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or. local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of paragraphs 11.1 through 11.5. 533153.1 10 I■III�`II���1�. l*(h V ?, Fxtingaaisiarrr€aa:i sand condo- uation. 12.1. Extinguishrnent..In granting this Easement, Gyrantor has considered the possl.brhty that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of the Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or the Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. if circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with the Proceeds paragraph, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 12.2. Proceeds. This Easement constitutes a real property interest immediately vested in the Trust,, which the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by this Easement (minus any increase in value after the date of this grant attributable solely to improvements which are allowed by this Easement) by the ratio of the value of this Easement at the time of this grant to the value of the Property, without deduction for the value of this Easement, at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section .170(h) of the Internal Revenue Code of 1986, as amended. For the purposes of this paragraph, the ratio of the value of this Easement to the value of the Property unencumbered by this Easement shall remain constant. 12.3. Condemnation. If all or any part of the Property -is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in lieu purchase shall be paid out of the amount recovered. The Trusts share of the balance of the amount recovered shall be determined by multiplying that balance by the ratio set forth in section 12.2. 12.4. Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this section 12 in a manner consistent with its conservation purposes, which are exemplified by this grant. 13. Assignment. This Easement is transferable, but the Trust may assign its rights and obligations under this Easement only to an organization that is (a) a qualified organization at 533153.1 11 Mf VIA DfUrI> PiTKIPI (ONTY CO P. 9CS 7. 2'v brit t, sni pir)Vlsiorl ilvii applieabk-.;, 'Ifid the appheabk-, reKlitatgOiiS gJrpi57trl'�al.i;�l la, l' IndeI';(l;j authorized to acggl'no and hold _tonscrva6vji easements truder Colorado labor P>! ,:.csndition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice to Grantor of an assignment at least 60 days prior to the date of such assignment. The failure of the Trust to give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement or limit its enforceability in any way. 14. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least 30 days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 15. Estoppel Certificates. Upon request by Grantor, The Trust shall within 30 days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which .certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests'more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within 60 days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within 60 days of receipt of Grantor's written request, the Trust shall conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 16. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other 'shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: The City of Aspen 130 South Galena Aspen, CO 81610 To the Trust: Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 533153.1 j2 'MII�YIiI��N��9NNrq 17. Recordation. The Tnist shall rl:rafrd this insh-urnent in 61n?1y !�t,swo,h in tll official records of Pitkitl County, Color: do, and inay re-record it at any tune as may be rpgair, d to prase. -ve its rights in this Easement. 18. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and exclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of Us Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any amendment must be in writing, signed by both.parties, and recorded in the records of the Clerk and Recorder of Pitkin County, Colorado. 19. . Subordination. At the time of conveyance of this Easement, the Property is subject to a deed of trust, the holder of which has agreed to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the deed of trust holder. 20. General Provisions. 20.1. The following Exhibits are attached to and incorporated by reference into this conservation easement deed, Exhibit A: Baseline Documentation, Exhibit B: a document attesting that the legal description of the property will be defined and recorded within thirty (30) days of the final approval of the Burlingame Housing Project by the City of Aspen. 20.2. Definitions. The terms "Grantor" and the "Trust", wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. 20.3. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 20.4. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purposes of this Easement and the policy and purpose of C.R.S. 38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. 20.5. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is I'Ounu tD be `--liu, the --mainder of the provisions Of this Ea9eliicllt, 533153.1 13 , i'ri i�i Iiii I ii�i i li ii i iII i i iii IC I f J s ., r,: -fix; CiTI� N{ rt,iitP!' f. S' 96 ibu �, •1+�5 [ �, 1ij-lLr,� it t_ r_,o ;i tluh jn �`i S1Ull 'dV t� 5.an1 ��, r.i7.� i�i,75�ei't66„ UL Ul *hui IfLUS2S U .11�t 1 i„ lei- seeiaht+; artr,�raur ufi=li tuf13d 1„ [Jeinvalid, as hc(an.bell (,- rbt 20.6. Entire Agreement. This instrument sets forth the entire agreement betvve_r1 tiv= Parties with respect to this Easement and supersedes all prior discussions, negotiations,., understandings, or agreements relating to this Easement, all of which are merged herein. 20.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 20.8. Joint Obli ag tion. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). 20.9. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 20.10. Termination of Rights and Obligations. A part's rights and obligations under this Easement terminate upon transfer of the parry's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 20.11. Ca hU ions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 20.12. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 533153.1 14 lI1 `-,Vf1* (1 SS vVIIIFF'EOF, Grantor gild the Trust (_'�Til rt'Ui?Ll.t�il .F'ase141F'w is of the date fffst Written above. GRANTOR IIIIII I�IIIIIIIIIIII IIIIIIIIIII5��page: is 0/ ®0 eta:52a IIIIIIIIIIIIIIIIIIII N COUNTY CO R 9 SILVIA CITY OF ASPEN a Cc By: Title ST) ss. COUNTY OF K �S ) The foregoing instrument —,TA,L 20 'l' by - W\1�: ON� of "A-1 WITNESS my hand and official seal. [SEAL] h day of as ruQtas Grantor. ` A- `firlvt Notary Public . V ' My commission expires: Brandl L. Jepson / Notary Public My Commission Expires 1/22/2005 601 E. Hopkins Aspen, CO 81611 533153.1 15 "t. � _ �I Y' � �� % Vr � IIIIII IINI IIIIII IIIIII III NIII IIII III IIIIII III IIII 0/ /SO/76�0"f d , �' ;3n �.FSILVIA DAVIS PITKIN COUNTY CO R 96. 00 C+ O, ran ASPEN VALLEY LAND TRUST, a 6 Colorado nonprofit corporation, By:_ Z �liL/ �9,7,4 Martha Cochran Its: Executive Director STATE OF ss. COUNTY OF 1 Y� The forgoing instrument was acknowledged before me this < day of C i.1n.t _. 2006, by as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL] r� BREP CON lJrlGt V�f� i �k• �1 Notary Public My commission expires: Brendi L. Jepson / Notary Public My Commission Expires 1/2212005 601 E. Hopkins Aspen, CO 61611' 533153.1 16 17, Staff of f'PUC's Unopposed Motion for Extension of Time and Re nest for Waiver of Response Time — 5/12/03 18. Unopposed Motion of Kinder Morgan & Rocky Mtn. Natural Gas for Extension of Time to File Stipulation to Reset Hearing Date and to Request Waiver of Response Time — 5/29/03 19. Interim ORDER Granting Unopposed Motion for Extension of Time 20. Interim ORDER - Hearing set 7/14/03 484726 page: 17 of Is 06/30/2003 12:52P SILVIA DPVIS PITKIN COUNTY CO R 96. 60 D 0.00 i a i 1 i. �' ri ti='t l l_�T , i F f1� `I't. 2.767fz!'=.i. t C172 Gth 1-'.M, bed---tg .1' PQ...1.1 J, as de:scrib"--it]. in Y001' 690 at Page S Of 1'.1-ie Pit} i n COM L-/ described as :collo;s: Beginning at a point on the Westerly boundary of the Dedicated Open Space Parcel of the Cozy Point Ridge Subdivision recorded in Plat Book 22 at Page 26 of the Pitkin County records whence the Northwest corner of Section 16 (1913 Brass Cap) bears N 20021149" W 502.66 feet; thence N 69123159" E 674.16 feet to the Northwesterly right of way of Colorado State Highway No. 82; thence Southerly along the Westerly ,right of way of Colorado State Highway No. 82 as described in Book 157 at Pages 538, 539 & 540 and Book 575 at Page 976 as follows: S 41033137" E 395.21 feet; 591.57 feet along the arc of a curve to the right whose radius is 1,382.50 feet (chord bears S 29018107" E 587.07 feet); S 17002137" E 1,360.80 feet; 130.20 feet along the arc of a curve to the right whose radius is 2,815.00 feet (chord bears S 15043107" E 130.19 feet); S 14023-37" E 2,435.30 feet; 131.14 feet along an arc of a curve to the left whose radius is 5,780.00 feet (chord bears S 15002137" E 131.14 feet); S 15040145" E 912.95 feet; S 74021' W 20.0 feet; S 02047' W 63.2 feet; S 15039' E 50.0 feet; S 6402811411 E 53.22 feet; S 15040145" E 2,039.41 feet; S 15041137" E 2,084.63 feet to the Northerly right of way of Brush Creek County Road; thence Westerly along the Northerly right of way of Brush Creek County Road as follows: S 43043117" W 116.15 feet; S 73032100" W 145.71 feet; 404.44 feet along an arc of a curve to the left whose radius is 1,005.70 feet (chord bears S 62000146" W 401.72 feet; thence N 19044' W 38.62 feet to the Southeast corner of Brush Creek Village Subdivision Filing 2 as Platted; thence Northerly along the Easterly line of Brush Creek Village Subdivision Filing 2 as Platted as follows: N 19044' W 390.00 feet; N 31025' W 732.00 feet; N 24000' W 1,831..29 feet; N 64055' W 340.50 feet to the Easterly line of the Elay Parcel described in Book 228 at Page 599 of the Pitkin County Records; thence Northerly along the Easterly line of said Elay Parcel as follows: N 25048120" E 153.17 feet; 370.63 feet along an arc of a curve to the left whose radius is 531.95 feet (chord bears N 05050156" E 363.18 feet); 197.92 feet along an arc of a curve to the right whose radius is 630.00 feet (chord bears N 05006140" W 197.1.1. feet); N 03053120" E 576.86 feet; thence N 07001'32" W 1,942.73 feet to the Westerly line of the rl, til rc).1 7.:5 i.rlil: 11cnc�e II u - r)' '49" ti398� 5t=ec 7leliil. 1,a2,� �i•iir7, Open Space Easement to the point of beginning, COMM OF PITKIN, STATE OF COLORA iO. 484726 I IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIII III IIII90 8//30/2000012:52P SILVIA DAVIS PITKIN COUNTY CO R MEMORANDUM TO: Mayor and City Council THROUGH: Randy Ready, Assistant City Manager FROM: John D. Krueger, Director of Transportation DATE OF MEMO: June 25, 2009 MEETING DATE: July 13, 2009 VIA RE: Supplemental EOTC 20091/2% Transit Sales and Use Tax Budget - Free -fare Aspen -Snowmass Summer Bus Service REQUEST OF COUNCIL: Attached for your review and approval is a resolution and budget which, if approved, would authorize the following supplemental 2009 Elected Officials Transportation Committee (EOTC) 1/2 cent transit sales and use tax budget: Free -fare Aspen-Snowmass Bus Service for 6/13 - 9/30/09 $ 79,365 PREVIOUS COUNCIL ACTION: In a vote by entity at the April 16, 2009 EOTC meeting, Pitkin County and Snowmass Village approved of funding an extension of the fare -free Aspen -Snowmass bus for the period June 13 through September 30, 2009. City Council lacked a quorum and could not approve the proposal at the EOTC meeting. However, since each member of the EOTC is required to also approve of any budget request by resolution at its own meeting, City Council's decision was deferred until this meeting at which it is considering the supplemental budget resolution for the free bus proposal. BACKGROUND: The City of Aspen as a member of the EOTC is required to approve the supplemental budget by resolution. Each other member of the EOTC is also required to approve the supplemental budget by resolution or ordinance before the budget can be considered adopted. DISCUSSION: The EOTC at its meeting on April 16, 2009 reviewed the favorable results of the winter 2008-9 free -fare service between Aspen and Snowmass. Pitkin County and Snowmass Village approved a funding request in the amount of $79,365 to continue free -fare service for the summer and through the end September, 2009. Due to the lack of a quorum, City Council's decision was deferred until a regular council meeting. Extending the free -fare service beyond the end of September will be considered after the EOTC "summit" meeting scheduled for August. FINANCIAL/BUDGET IMPLICATIONS: There are no financial implications to the City as these are EOTC 1/2% Transit Sales and Use Tax funds and not City funds. Ct\Documents and Settings\kathrynk\Local Settings\Temporary Internet Fi1es\0LK7C\09E0TC Aspen sup bgt reso free sm.docx ENVIRONMENTAL IMPACTS: Free RFTA bus service from Aspen to Snowmass may entice more riders to use the service and as a result may remove more vehicles off the road between Aspen and Snowmass thereby reducing traffic congestion and reducing environmental impacts to the area. RECOMMENDED ACTION: Council approval of the attached resolution to approve the supplemental 2009 EOTC 1/2% Transit Sales and Use Tax Budget. ALTERNATIVES: Council can decide not to approve the supplemental 2009 EOTC Budget and send it back to the EOTC for further discussion and approval. PROPOSED MOTION: "I move to approve Resolution # to approve the supplemental 2009 EOTC Budget." CITY MANAQER COMMENTS: ATTACHMENTS: Resolution No. , 2009 EOTC Budget and Multi -Year Plan C:\Documents and Settings\kathrynk\Local Settings\Temporary Intemet Fi1es\0LK7C\09E0TC Aspen sup bgt reso free serv.docx RESOLUTION NO. 11 SERIES OF 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLEMENTAL 2009 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the 'Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County -wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, at a public meeting held on April 16, 2009, the Parties considered a supplemental budget request for $79,365 to extend the free -fare Aspen-Snowmass RFTA bus from June 13 through September 30, 2009. WHEREAS, the City of Aspen wishes to approve the supplemental budget request by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the following supplemental 2009 one-half cent transit sales and use tax expenditure budget is hereby approved: Free -fare Aspen -Snowmass bus for 6/13 - 9/30/09 $ 79,365 RESOLVED, APPROVED, AND ADOPTED this by the City Council for the City of Aspen, Colorado. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Kathryn S. Koch, City Clerk C:\Documents and Settings\kathrynk\Local Settings\Temporary Internet Fi1es\0LK7C\09E0TC Aspen sup bgt reso free serv.docx ii 0 000 r w O NLOa O O v) 0000 I. 00 0 N O 00 � � I• O O O O (D N M W0 r O N O O 4] N m O T (D O (D co Cl) O I• 00 (O (D ('M M O I I. (O a N i• I• V 0I V O (o (D m M (D M rn V) O O O O V N O m I• 00 N V O O O O V) M 00 W (OD N IN• N C I. 00 Cl) O7 N I. O V O N M V (4 (o N O 0) (D LO r Cl) 0) (D Cl) N a N N r M N 00 O (1') (o Cl) N M O 00 O LO V O O N N Cl) I• N 0000 (O r O O W r 0) O 0) O 00 O LO (O ItN (O (O m 0 I. It C O O N (D _ 0) V (O O M 0) > > O 0 M I. O (0 Cl) 00 I. O .(O N (O M r (3) W D1 d N V w r N I• CD N O M N 'C - N O m o U U 000 O 0) m O O O N r 00 V N O U) (D t0 (O O 00 O N I. O O 0) I. (O W V r 0 to M m 00 �+ O 00 O .I. 0) 00 N (D (O I• I• O O M, I N 0 O) O (O 0) .0 (o O O N O M V (D V O W Lc 07 ,a O Cl) 00 I. CD LO LO r (O M I. M O V N I. to I. 0 J O V (O r m N M N I. N W r N a 1 f. 00 N ? I• M W 0 w O N (O T 00 0) 00 O I. I. It N 00 r N I. W 0 O (o (O r M 0) LO O 0) 00 V N I. 0) O I. N (O V O M N 1. I- w M O 00 (O 00 It M V N Cl) O O O) O O 00 m P. (O I. M (O V V M 00 V V (O Cl u0 V M u0 00 I• 00 r I• 0) (O (o ~t7f G O 0) UO M) N M r U) 0) Q N 'It LO M I• (n W V) 0 >T (0 c 0) 4 p) O N o 06 O Q p h O Cl) U O OI w m = o) Ql d «c— E c co m o N (D a0 m o _ i) ._ N O j+) a O m Wq .J`. E N M t0 C_ O J 07 6 U) LL 0 0) a) 1` U U_ U_ U_ 0 Z c C }1 N N N N Gi C "O C C O 0 0 7 - ILLyJ .O X 'c o o n o 0>> J>>> U 0 N C C E N.0.0.0.0.0 m 0 LL L :.4 X () a N «. 0 O G O. 06 J J 0 0 (A to E 0ca oxx O o0o (0 0 w E N T C � J *-A ° c E E E E 3 a.a m 3 of o. Z y° `a Oo ca m m U) � v% E a m m ,_ 'cu 'cc 0 O a 7 a 0) C c o N m J C C ... C c 0 0 0 0 c c E N Y Y N c •N J J C C C C N J LL U) {C 0 O O N W 0 C O O U) U) U) U) ! C W T_ c 4 a n- C C c c c c ip y Y �. c J rn w m Y Y> n o o 0 0 0 0 ++ CL U U) 0 E Y Y 0 0 0 to 0 0 J Q O O OJ U 0 t� " y 0 Q Q Q Q 0 °� d Q J U U E c x o U U E 0 E E E d E E > O w r N C N 0 N y y p H 5 4: w w w w a w z > J a) E E E LL (0 j j 0 0 0 0 O Q)) N Q U W as LL N J c 7 Z)amXmmcow2mmzzzzU) z U U f0 tQ H m O 0 N M VV LO (O I- W 0 O N cn"t 0 O Q I Q F r H W IWII N 7R 0 0 0 a V O O U t0 V 0 W 0 0 0 0 U1 m N � N TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: V1+ MEMORANDUM Mayor and City Council John Hines, Renewable Energy Utilities Manager Phil Overeynder, Public Works Director July 8, 2009 July 13, 2009 Contract Award to Gould Construction, Inc. for the relocation of a 20" waterline on Power Plant Road REQUEST OF COUNCIL: Staff requests award of a contract to Gould Construction, Incorporated for the relocation of a 20"waterline on Power Plant Road. The total contract award is $93,368.00. The water line relocation is necessary for the construction of the Castle Creek Energy Center and Hydro facility. PREVIOUS COUNCIL ACTION: During a July 27, 2007 Council Work Session, council approved staff s request to proceed with a November 2007 election for a 5.5 million dollar bond issue, as well as an open space exchange to secure building site for the new hydroelectric facility. On September 8, 2008 a Public Hearing was held during which council approved the $5.5 Million General Obligation Bond Issuance which occurred that same week. BACKGROUND: The Castle Creek Hydroelectric Plan is a key component in providing renewable energy courses to Aspen's electric customers. The 1.05 megawatt facility will produce approximately 5.5 million kWh annually, or about 8.5 percent of the annual energy requirements of Aspen's electric customers. It will reduce CO2 emissions by approximately 5,167 tons, representing a 0.6% community -wide reduction in CO2. The turbine and generator equipment convert the force of the falling water into electric power DISCUSSION: The proposed facility will use the existing diversions on Castle and Maroon Creeks and deliver water via pipeline and penstock to the power plant on lower Castle Creek. The existing waterline needs to be relocated as it runs through the center of the area where the facility will be built. FINANCIALBUDGET IMPACTS: Of the four bids received from the competitive bid process, Gould Construction was the lowest coming in at $93,368. There is 2009 budget authority to cover this contract expense. Page I of 2 ENVIRONMENTAL IMPACTS: The proposed facility will generate enough electric power for 655 typical homes in Aspen, thereby reducing carbon emissions by our city electric customers caused by purchased coal-fired power. RECOMMENDED ACTION: Staff recommends Council approve the contract Gould Construction, Inc. for $93,368.00. ALTERNATIVES: The alternative to selecting Gould Construction, Incorporated to perform this work would be to select a higher bidding company or to request new bids. Gould Construction has already performed work of this type with the City of Aspen with satisfactory results. The possibility of receiving a less expensive bid for the same amount of expertise and experience is unlikely and would cause project delays and inefficiencies. PROPOSED MOTION: I move to approve Resolution # 7V CITY MANAGER Q/1 /!/lAnf vL J ATTACHMENTS: 1. Contract between City of Aspen and Gould Construction, Inc. Page 2 of 2 RESOLUTION # VeO (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING CASTLE CREEK ENERGY CENTER 20" WATER LINE RELOCATION 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 Gould Construction Inc., 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 Gould Construction Inc. regarding Castle Creek Energy Center 20" Water Line Relocation, 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 July 13, 2009. Kathryn S. Koch, City Clerk 6 CONTRACT FOR CONSTRUCTION THE Cm or Agm THIS AGREEMENT, made and entered into on July 13, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD CONSTRUCTION INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Castle Creek Energy Center 20" Concrete Water Line Relocation, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed NINETY THREE THOUSAND THREE HUNDRED SIXTY EIGHT ($93,368.00) DOLLARS or as shown on the BID proposal. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. CC1-971.doc Page 1 "CCl 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract for Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract for Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. •*cci IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: CITY OF ASPEN, COLORADO M. APPROVED AS TO FORM: By: City Attorney CONTRACTOR: By: Title: 121—cSl � Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. .doc Page 3 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Cv 10r.44-cic� COUNTY OF l?MTNdd ) On this day of f be /y 2009, before me appeared /� C•?ou to me personally known, who, being by me first duly sworn, did say that s e is CSC' of �7ot�Fd LCr�S u &71 rx" and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Mary Public Addrdss My commission expires: /�/ Z3r 2013 Page 4 Certification and Supplemental Conditions to Contract for Services - Conformance with &8-17.5.101, et seq. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by FIB 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 Owner, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a Contractor 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 are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8- 17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "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, Contractor certifies and represents that at this time: 1. Contractor shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Contractor has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not illegal aliens. d. Contractor hereby confirms that: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. 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. 3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Contractor shall not use the either the e-verify program or the department program procedures to undertake pre -employment screening of job applicants while the Public Contract for Services is being performed. M-971.doc Page 5 5. 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 Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subcontracting 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 stop 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. 6. 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. 7. 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 Owner may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. Public Contract for Services: (s4 L,peetl Contractor: I/?ac.a Title: �riT t_rur.�C a�i iohC.c-� (Rla�r(�i� l�e��ccc�i� M-971.doc Page 6 BID PROPOSAL FORM Project No. 2009-048 BID DATE: 2:00pm, June 25, 2009 PROJECT: Castle Creek Energy Center 20" Concrete Water Line Relocation PROPOSAL SUBMITTED BY: 0:70y L Zj 4�% 15'7`P V.V_y,& CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre -construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City hall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. BPI-971.doc 'BP1 Pa e Contractor's Initials The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered through BPI-971.doc •BPt Pa Ve Contractor's Initials Item Amount # Description. Approximate Quantity, and Unit Price of Bid Pipeline Installation. Includes furnishing (except where specifically noted otherwise) and handling all required equipment and materials, utility corridor preparation, locating existing pipelines and utilities, all excavation, de -watering, pipe installation, support of all existing utilities, couplings, pipe restraint devices, imported bedding -zone and pipe -zone backfill material, compacted backfill (see Special Construction Provisions), connections to existing system, flushing, testing, disinfecting, temporary and permanent plugs, adapters, reducers and includes other items not listed elsewhere in this proposal, traffic control, mobilization, demobilization, clean-up and other items as needed to complete the system as shown on the drawings and as specified, except those items specifically listed hereinafter in the Proposal, at the unit price per lineal foot of pipeline in place, measured from end of pipe or center of fittings: BPI-971.doc 'BPI Page 3 Contractor's Initials Item Amount # Description Approximate Quantifir and Unit Price PLE9 a. 16-inch DIP Pipe, 267t I.f. @: ©Af F- IIUNPRAr,-� ba (Words — Unit Price) (Figures) $-. b. 8-inc , 1 I.f. m/U — & (Words — Unit Price) (Figures)(Total) cc.. llN 6--if7f// inch�,/U 4t If @: S1AJ &A Cl11/Yr 016 $ `ap no $ e� (Words — Unit Price) (Figures) (Total) e. 3/4-inch copper Pipe, 50t If@: ✓.6071 �✓%E f' 00/ Go /� mo (Words — Unit Price) (Figures) otao 2. Waterline Fittings. Includes furnishing, handling, and installation of pipeline fittings, as detailed on the Drawings, or as required by field changes, the unit price over and above the costs of water pipelines. a. 16-inch bends all angles w/concrete TB & ML, 6 each @: lop (Words — Unit Price) %� (Figures)(Total) b. 1 -inch tees w/ concrete TB & ML 2 each @: ords — Unit Price) (Figures) otal) BP1-971.doc 'BPI Page Contractor's Initials Item # Description. Approximate Quantity. and Unit Price Amount of Bid c.20"X 16" Reducers,I each @: manaj &Awz�#I., s-7f�rb $ Zigo . °. (Words — Unit Price) (Figures) (Total) d. 20",16", or Caps/Plugs, solid sleeves, 3 each @: (Words — Unit Price) (Figures)(Total) e. 8, 6"-inch tees and bends, reducers and caps/plugs all an les w/concrete TB & MIL, 4 each @: �tiE t"nk ( ords — Unit Price) t (Figures) 3. Water Pipeline Valves. Including furnishing, handling, and installing valves and. valve boxes, retainer glands or tie rods as shown on the Drawings or as required by field changes, and wrapping in polyethylene sheathing, at the unit price per each: $ -7 Pin co (Total a. -A -inch at r Ive nr bo 1 each at: (Words — Unit Price) (Figures)(Total) bFoug-B7TTERFLY valve, 2 each t: ��C7/1 i7IA Lf�DO $ mO $ (i} �,,,vr� 00 (Words — Unit Price) �� (Figures) otal} = �ch at 8 ipcate valve, 1 ea� /U ab °. 009C- (Words —Unit Price) �� (Figures) otat BP1-971.doc •BP1 Page ContracloYs Initials Item Amount # Description, Approximate ouantity, and,Unit Price of Bid d. 6 gate v e,1ea h at, _ L t o0 BO $ "o (Words — Unit Price) (Figures) (Total) 4. Fire Hydrants. Includes furnishing the fire hydrants, installation, concrete thrust blocks, and gravel drain, (tee, gate valve and 6-inch connecting line bid separately), all ZMMM each @: $40 4(gures)� $ 1 (Total) 5. Connectionsfoisconnections to Existino Water System. Including famishing, and handling all materials, all excavation , all labor necessary to connect the proposed water lines to the existing water lines as shown on the Drawings and as directed, all bedding, backfilling, cleanup (but not including valves and pipeline, pipeline fittings and thrust blocks which will be paid for under separate items), handling water, couplings, and all other items necessary to complete connections, including 20" t to pli ansi each at: bb i l`t0 S oo � J� SD orris —Lump Sum Price} (Total) 6. Service Line Connection 3/" tap, corp stop, curb stop, saddle, reconnection to existing'/ " cu. 2 each @: 66 (Words — Unit Price) IM (Figures) � otal) 7. Imported Structural Material. Includes furnishing, and placing Imported Structural Fill material for replacement of unstable trench backfill material, when required and authorized by the Engineer, the unit price per cubic yard in place, 100 cubic yards (estimated quantity for comparative bid purposes only) at: (Words ,Unit Prices) I C)-__ $� $ ( figures) otal) nr1-VI I UM or rays 0 a o s Initials Item Amount # Description, Approximate Quantity, and Unit Price of Bid 8. Imported Concrete Rods Aggregate. Includes furnishing, and placing imported concrete rock aggregate bedding material for replacement of unstable trench foundation, including the extra excavation required, when authorized by the Engineer, the unit price per cubic yard in place, 100 cubic yards (estimated quantity for compa trve bid purposes only) at: 1PTY$ O 3 000 (Words — Unit Price) (Figures)(Total) 9. GRAVEL ROAD REPLACEMENT: Including cutting, removing, and disposing of asphalt required for the installation of the water line, connections to existing system, and all other requirements of this project, and fumishing, handling, and installing, all equipment and materials, all excavation. Disposal of excess materials, replacement of top 3" of roadbase and road prep for all work shown on these drawings per C�O`A requirements; 100 tons at per ton: a (Words — Unit Price Pert n) (Figures) 1 0 otal) ENERGY CENTER 20" RELOCATION TOTAL BID (Items 1-10) pp f�. B. QUANTITIES: It is to be understood that the quantities of each item of work set forth in this Proposal are approximate only and will be revised depending on field conditions encountered. The Owner has the right to revise quantities in its best interest without affecting any of the unit prices set forth above. In all cases, the stated unit prices proposed shall be used in determining the final value of the completed work. BPI-971.doc *BPI a a Contractor's Initials TOTAL BID IN NUMBERS: % 3 303 o a NIA/ &7V 717�PE C -F7-/L#) us/9yv,a , Total Bid in Words: YY�E6 AAA)bPEb 51X-rY A'-1Ud(77f 'Oci I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer Full name signature Company address: Telephone number: qz6r-- / 29 1 �} Fax number: "l 4,;-- e ?j, 1 Attested by: ih7l�yl F/ �� BP1-971.doc •BP7 &&� Contractor's Initials Name: (:;:, J Address: 7Q Service or Product: Name: -� Address: Service or Product: Subcontractor & Material Supplier List Phone #: r17O' 4 3 -5-7M Phone #:�7V' f65 —q3V Name: Phone #: Address: Service or Product: Name: Address: Service or Product: Name: Address: Service or Product: Name: Address: Service or Product: Phone #: Phone #: Phone #: BPI-971.doc *BPI age 9 A Contractor's Initials The City of Aspen Ciry AmorneyS Office MEMORANDUM TO: Mayor and Members of Council FROM: John P. Worcester, City Attorney DATE OF MEMO: July 6, 2009 MEETING DATE: July 13, 2009 RE: Ordinance No. F Series 2009 REQUEST OF COUNCIL: Attached for your consideration and review is a proposed ordinance that, if approved, would change the fee structure for the Aspen Gymnastics Program and the Environmental Health Department. Tim Anderson, Recreation Director, is proposing this fee change pursuant to a new gymnastics service agreement with John Bakken d/b/a Aspen Gymnastics, LLC. Recreation has provided a memorandum and a spreadsheet depicting gymnastics price comparisons taken from comparable gyms in other locations. CJ Oliver, Environmental Health Department Senior Environmental Health Specialist, has provided a memorandum outlining the amended fees for increased food service license and plan review. The Fee Ordinance maintains the City's policy of requiring consumers and users of its programs and services to pay fees that are deemed fair and appropriate for the costs of providing such programs and services. DISCUSSION: Please see attached Recreation Department and Environmental Health staff memorandums. FINANCIAL/BUDGET IMPACTS: PROPOSED MOTION: I move to approve Ordinance q 15 2009 ORDINANCE NO. Series of 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO INCREASE CERTAIN MUNICIPAL FEES WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets forth leisure and recreation user fees, is hereby amended to read as follows: 2.12.040 Miscellaneous leisure and recreation fees GYMNASTICS Level 1 $64.00 Level 1- 2 days/week $115.00 Level 2 $90.00 Level 2 - 2 days/week $160.00 Beginner Boys (4-7 yrs) $54.00 G:\Tara\FILES A-L\FEE ORDINANCE\2009\Ord.2009fees.Gymnastics.EH.doc Beginner Boys (7 yrs+) $90.00 Advanced Boys $160.00 Super Tots (4-5 yrs) $54.00 Level 3 $160.00 Level 4, 5 & 6 — 3 days/wk $216.00 Level 4, 5 & 6 — 4 days/wk $230.00 Level 4, 5 & 6 — 5 days/wk $240.00 Levels 7, 8, 9, 10 $260.00 Big Air (Teens & Adults) $64.00 Parent/Tot (1.5-3 yrs) $54.00 Tots (3-5 yrs) $54.00 Gymfants (10 mo — 2 yrs) $36.00 Section 2. That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user fees for the Environmental Health Department, is hereby amended to read as follows: Sec. 2.12.052. Environmental Health Department Fees Special or Temporary Even plan Review fee $47.00 Special or Temporary Event Inspection fee $47.00 Swimming pool plan review fee $79.00 Restaurant site inspection fee $82.00 Food Safety Training $82.00 Food Service License (See schedule below) No fee License (School, Charitable Organization, Penal Institution, Church, Other) ......................... $ 0.00 Mobile Unit ................................... ..... $225.00 Mobile Unit (Pre -packaged) ................................. $115.00 Temporary/Special Event Establishment .............. $255.00 Temporary/Special Events (Pre -packaged)........... $115.00 Restaurant 0-100 Seats ....................................... $255.00 Restaurant 101-200 Seats ................................... $285.00 Restaurant Over 200 Seats .......... $310.00 Grocery Store 0-3,500 Sq Ft ................................ $115.00 Grocery Store 3,501- 15,000 Sq Ft ....................... $180.00 Grocery Store 15,001-25,000 Sq Ft ...................... $200.00 Grocery Store 25,001-45,000 Sq Ft ...................... $235.00 Grocery Store 45,001-65,000 Sq Ft ...................... $290.00 Grocery Store 65,001-85,000 Sq Ft ...................... $415.00 Grocery Store Over 85,000 Sq Ft ......................... $500.00 Grocery w/Deli 0-3,500 Sq Ft .............................. $207.00 Grocery w/Deli 3,501-15,000 Sq Ft ...................... $338.00 Grocery w/Deli 15,001-25,000 Sq Ft .................... $360.00 Grocery w/Deli 25,001-45,000 Sq Ft .................... $395.00 Grocery w/Deli 45,001- 65,000 Sq Ft ................. $450.00 Grocery w/Deli 65,001- 85,000 Sq Ft ................... $575.00 Grocery w/Deli Over 85,000 Sq Ft ....................... $690.00 Oil & Gas Temp. 0-50 (Initial License) ................. $750.00 Oil & Gas Temp. 0-50 (Renewal License)............ $275.00 Oil & Gas Temp. Over 50 (Initial License) ........... $1,250.00 Oil & Gas Temp. Over 50 (Renewal License)....... $500.00 Plan Review Application Fees ............................. $100.00 Plan Review & Pre -opening Inspection (Not to exceed) $580.00 Equipment Review Application Fee ..................... $100.00 Equipment Review Fee (Not to exceed) .............. $500.00 HACCP Plan (Written) (Not to exceed) ................ $100.00 HACCP Plan (On -site Eval.)(Not to exceed).......... $400.00 Real Estate Review of Property (Not to exceed) . $ 75.00 Other Services for which fees have been established Established Fee -2- A public hearing on the ordinance shall be held on the day of , 2009, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2009. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this _ day of June, 2009. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor -3- MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: CJ Oliver, Senior Environmental Health Specialist MEETING DATE: July 13, 2009 RE: AMENDMENT TO THE 2009 FEES ORDINANCE FOR INCREASED FOOD SERVICE LICENSES and PLAN REVIEW FEES. Summary: Council will find a request from staff and the City Attorney's office to increase Retail Food Service license and Restaurant Plan Review fees. This fee change is a result of a bill passed by the State that increases the fees for restaurant licenses and plan reviews beginning July 1, 2009. In order to cover some overhead costs for the administration of the program these increases are necessary and reasonable. The Retail Food Program fees are determined by the State of Colorado and are the same throughout all State jurisdictions. tOAPAREN MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR MEETING DATE: JUNE 22, 2009 RE: AMENDMENT TO THE 2009 FEES ORDINANCE FOR INCREASED GYMNASTICS PROGRAM FEES. Summary: Council will find a request from staff and the City Attorney's office to increase some Gymnastics Program Fees. This fee change is in conjunction with the recent approval of the Gymnastics Program Agreement with Aspen Gymnastics which places all administrative responsibilities upon the program and owner John Bakken. In order to cover some overhead costs for the administration of the program these increases are necessary and reasonable. Please find attachment "A" which is a list of program costs in Aspen compared to other Colorado communities. Aspen is still less expensive in most cases. Aspen Gymnastics runs a quality program and the new agreement and fee changes will not change the quality or accessibility of the program. The changes will allow the Recreation Division to reduce operational costs in this economic climate while increasing revenues and at the same time provide the same quality level of service patrons are used to seeing from the Gymnastics program. May 2009 Gymnastics price comparisons taken from comparable gyms in other locations Price is based on cost per hour ASPEN Glenwood Fort Collins Longmont G.Junction Cincinnati 45 min class $18.00 $18.25 $20.00 $22.60 $16.50 $18.30 1 hrclass $16.00 $16.00 $18.75 $20.75 $14.00 $16.75 1.5 hr class $15.00 $18.30 $14.60 team per/hr $6.00 $8.00 $8.00 Vitt? MEMORANDUM TO: Mayor and Council FROM: Tom McCabe, Executive Director, Housing THRU: Barry Crook, Assistant City Manager -1 DATE: July 13, 2009 RE: Ordinance # Tcurty (Series 2009) Adopting Amendments to the Aspen/Pitkin Employee Housing Guidelines SUMMARY: To approve four Guideline changes requested by the Housing Board: 1) addition of an owner's responsibility to maintain eligibility for ownership of affordable housing; 2) disposition of single deed -restricted units in free-market complexes; 3) allowing qualified retirees to rent their deed -restriction units for up to six months to qualified employees; and 4) redefine the Roaring Fork Valley. PREVIOUS COUNCIL ACTION: City Council reviewed two of the above -stated items at the Joint Meeting with the Board of County Commissioners in April 2009. BACKGROUND: The BOCC and City Council have reviewed the second and third amendment changes and recommended approval with the details spelled out in the Guidelines. The first request is an addition to the Guidelines that would force an owner to sell their unit if they are not paying their homeowner dues. The Housing Office receives numerous requests for help in this area. The fourth request is an expansion of the Roaring Fork Valley. One of the major complaints that Housing receives from Homeowner Associations is a household not paying their dues. Language has been inserted into new deed restrictions that states if a homeowner does not pay the required dues, they are in violation of the deed restriction and must sell their home. This language will not cover owners who have owned their homes for more than one year; therefore, language is being requested to be added to the Guidelines. See Exhibit A. 2. The disposition of single deed -restricted units in free-market complexes deals with 12 units. The attached memo stated goes into detail for this request. Exhibit B is the actual policy/procedure as it would be stated in the Aspen/Pitkin Employee Housing Guidelines. 3. The third policy request was approved unanimously at the Joint Meeting held April 14, 2009. This policy would allow for a qualified retiree as stipulated in the Guidelines to rent out their unit for up to six months. The owner would still be required to utilize the unit as their primary residence (live in it for at least six months and one day) which would require the filing of a Colorado Income Tax Return. See Exhibit C. 4. The fourth item expands the definition of what the Guidelines allow for an owner or tenant to own other developed property that is stipulated in the definition of Roaring Fork Valley. The revisedyersion had additional towns and is similar to that defined within the Snowmass Village program. The definition includes from Rifle to the west and No Name to the east, and then all of Glenwood Springs up to Aspen. If an owner or tenant purchase property in the areas that are now disallowed, they would be able to continue to own that property; however, at such time that property was sold, they could not buy another other property within the new definition. See Exhibit D. DISCUSSION: The Housing Office would only respond to non-payment issues when a Homeowners' Association contacts APCHA in writing. Most homeowners are working with their HOA if they are unable to pay at a certain time and working on payment plans. The financial ramifications in a small homeowner's association of one owner not paying their dues could require the other owners to pay more in order to pay expenses. The addition of the language would require a homeowner to pay their dues or lose their unit. By buying out of the single deed -restricted units in free-market complexes, this will no longer place a burden on an owner when a major assessment is approved by the majority of the homeowners nor require a subsidy to be paid by APCHA, the City or the County. The replacement of these units back into the free market will also add additional funds in providing, hopefully, additional units. 3. The Guidelines allow for an employee to retire and maintain ownership or tenancy in the unit as long as the unit is their primary residence. By allowing a retiree who is not working to rent to a qualified employee, the purpose to provide workforce housing is maintained at a higher level. 4. Expansion of the non -ownership of free-market housing within the valley will provide the deed -restricted units to those who do not have the financial ability to buy within commuting distance and are in greater need of deed -restricted housing. FINANCIAL IMPLICATIONS: This change would have no financial implications to the City; however, there are many small homeowners association that rely on all homeowners dues to pay every day expenses. This will become more important when major repairs will need to be done and certain households fail to pay their dues. 2. The loss of inventory puts the program further behind in the goal that is stipulated in the Aspen Area Community Plan (AACP). However, financially it is better to utilize the funds that are made upon the sale of the free-market unit to develop other housing and not have additional funds go to help the homeowner with high assessments. 3. This change has no financial implications to the City. By allowing a retiree to rent the unit to a qualified employee, the home is being utilized for the purpose that it is intended — providing housing to employees. This change has no financial implications to the City. People who otherwise might qualify for housing in New Castle, Rifle and No Name communities will be forced to sell their homes or forego entering into the deed -restricted housing market. ENVIRONMENTAL IMPLICATIONS: None of the recommended policy changes have any environmental implications. RECOMMENDATION: To approve four Guideline changes requested by the Housing Board: 1) addition of an owner's responsibility to maintain eligibility for ownership of affordable housing; 2) disposition of single deed -restricted units in free-market complexes; 3) allowing qualified retirees to rent their deed -restriction units for up to six months to qualified employees; and 4) redefine the Roaring Fork Valley. PROPOSED MOTION: Approve Ordinance No. t�17_2009, Adopting Amendments to the AspenlPitkin County Employee Housing Guidelines. ATTACHMENTS: Memo dated May 20, 2009, regarding Regulatory Changes Necessitated by Special Assessment Issues at Scleaed Properties Ordinance No. (Series 2009), Adopting Amendments to the Aspen/Pitkin County Housing Authority limployee Housing Guidelines Exhibit A — Part III, Section 4, addition to the Aspen/Pitkin County Housing Authority Employee Housing Guidelines Exhibit B — Part IIl, Section 5, addition to the Aspen/Pitkin County Housing Authority Employee Housing Guidelines Exhibit C — Part V, Section 12, addition to the Aspen/Pitkin County Housing Authority Employee Housing Guidelines Exhibit D — Part X, Definitions, addition to the Aspen/Pitkin County Housing Authority Employee Housing Guidelines MEMORANDUM TO: Mayor and Council Board of County Commissioners FROM: The Aspen/Pitkin County Housing Authority (APCHA) THRU: Tom McCabe�� t / THRU: Barry Crook, Phylis Mattice DATE: May 20, 2009 RE: Regulatory changes necessitated by special assessment issues at selected properties. REQUEST OF COUNCIL: Consider changing appropriate regulations of City of Aspen, Pitkin County, and the APCHA guidelines, to: a) discontinue approval of deed restricted units in existing free market complexes, b) permit the removal of the deed restrictions on certain units, c) permit the free market sale of the same deed restricted units, d) and/or, to re-classify certain category units to the RO designation. PREVIOUS COUNCIL ACTION: This idea was discussed at the Joint Council/Commission meeting of April 14, 2009, without the inclusion of the RO component which, the staff has since agreed, is another approach to consider. BACKGROUND: Over time, a variety of approvals were granted which let some developers satisfy their housing mitigation requirements by purchasing one or two units in an existing free market Home Owners Association (HOA) complex and deed restricting them. It later became apparent that such deed restricted units do not have a meaningful voice about the actions of the HOA. This is a significant issue when the wealthier, free market owners decide to make extensive improvements beyond the ability of the deed restricted owners to afford. APCHA has helped some owners of such units with their special assessments and has spent over $16,426 out of pocket doing so. Additionally, in two instances approvals were granted to allow the listed category increase to category three to compensate for assessments of $38,500 at Aspen West and $16,775 at Winfield Arms. Currently APCHA is being asked to pay for a special assessment for a complete remodel estimated to cost $193,139.00. The APCHA board has voted to discontinue all such bailouts regardless of the amount and not to consider "adjusting" categories to offset large special assessments because that action is in fundamental conflict with the mission of the APCHA. The affected properties are as follows: Alpine Grove Aspen West E. Cooper Court Little Victorian Park Avenue Townhome Park Circle Sagewood Condominium Shadow Condominium Villas at Elk Run Water View Winfield Arms 420B Pacific Avenue, AABC 104 West Cooper Avenue 45 939 E. Cooper # C 634 West Main #2 170 Park Avenue #B 425 Park Circle A-1 910 West Hallam #11 605 West Main #OOA 7202 Elk Lane & 8208 Elk Run, Basalt 301 Water View 119 East Cooper 41 DISCUSSION: City Council and the BOCC have believed that having a mix of affordable housing and free market housing would make for a more diverse community and that lights would always be on in a specific neighborhood. No one foresaw what the long term ramifications would be for the one or two deed -restricted homeowners in an otherwise free market complex. The deed restricted owners inability to have a meaningful influence in the votes for special assessments puts such deed restricted units all in an ultimately untenable situation. The City Land Use Code's off -site mitigation option requires APCHA approval of such a unit. However, in order for APCHA to accept the unit in a free-market complex, under APCHA policy, the applicant would be required to have the existing homeowner's association change their assessment schedule among all the association units to APCHA's satisfaction. The likelihood of the free market HOA agreeing to do so is extremely remote. Newly constructed complexes, where free market and deed restricted units are co -mingled, are now structured to have special assessments apportioned to reflect the very different valuations between free market and deed restricted units. It is hoped that this arrangement will assure the affordability of the deed restricted units going forward through time. FINANCIAL IMPACTS: The ability of APCHA to purchase the units being discussed is adequate unless several occur at the same time. In that circumstance APCHA would ask for a short term loan from the city or county. As soon as the unit is sold the loan would be repaid. The extent and duration of such a loan would be specific to the unit. ENVIRONMENTAL IMPACTS: None RECOMMENDED ACTION: APCHA is asking the City Council and the County Commission to discontinue approvals that permit the buying out an off -site unit in an existing free-market complex as a way of satisfying mitigation requirements. This request affects certain documents in city, county and APCHA regulations. The changes would be coordinated among the appropriate city, county and APCHA documents as needed. Because there is no legal remedy available to protect the deed restricted owner in older free market complexes, the Housing Board is also asking for the ability to purchase the identified units at the time of their next resale, then release the deed restriction, and then to sell them as free-market units. The seller would receive the normal return consistent with the guidelines, and the proceeds above that amount would be added to the City Development Fund, if in the City or the County Housing Fund, if in the County. If an existing deed restricted owner's unit is required to be changed by the HOA, to an extent that cannot be afforded, or that are deemed otherwise onerous by APCHA, that APCHA will work with each owner to try and find the least disruptive solution, realizing that re -categorization and bail -outs are not an option. In order to help offset the disruption (under this circumstance) of the seller's life and facilitate a rapid relocation, the seller would have the highest priority in the next deed restricted lottery in the category they originally qualified for and that they find desirable. Additionally, the sale of their unit to the Housing Authority would not require the owner to pay the customary 2% sales fee to APCHA. While this "solution" is less than ideal, it avoids foreclosure and re -locates the owner in a comparable unit as soon as possible. ALTERNATIVES: An alternative approach, but not one enthusiastically supported by the APCHA board, would be to re-classify an at -risk deed restricted unit upon its next sale, to the RO designation. This "solution" may not completely avoid similar problems, depending on the scale of future HOA approved special assessments. It still displaces the current category owners and it increases the already substantial supply of RO units when the overwhelming demand is consistently demonstrated to be for category 2, 3, and 4 units. On the other hand it is argued by some staff that conversion to RO units would maintain the goal of inclusionary workforce housing and avoid any loss of workforce housing inventory at a time when replacing such inventory is more challenging than ever. Ordinance No. (Series of 2009 AN ORDINANCE ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTY EMPLOYEE HOUSING GUIDELINES WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the housing income, eligibility guidelines and housing price guidelines are established by the City Council; and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established employee housing income eligibility guidelines and housing price guidelines for prior years; and WHEREAS, the Adopting Amendments to the Employee Housing Guidelines (hereinafter "Guidelines") has been recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the employee housing qualification guidelines for Category 1 through 7 and RO ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Amendments to the Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Ordinance No.(Series2009) Section 1 That the City Council of the City of Aspen hereby adopts the Amendments to the Employee Housing Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of said amendments is annexed hereto and incorporated herein as Exhibits A, B, C and D. Section 2 That the regulations and Guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinance pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the Ordinance shall be held on the 10'h date of April 2006, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of July 2009. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Ordinance No. _ (Series2009) FINALLY adopted, passed and approved this _ day of July 2009. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk Ordinance No.(Series2009) EXHIBIT A PART III PURCHASING AFFORDABLE HOUSING SECTION 4 MAINTAINING ELIGIBILITY FOR OWNERSHIP OF AFFORDABLE HOUSING Owner's Responsibilities: 1. Owner must meet and maintain all of the initial qualifications previously stated in Section 1 except for the income/asset qualification. 2. Owner must make timely payment of all regular and special assessments duly imposed upon the property by the applicable homeowners' association. 3. Once an owner receives a letter from the Housing Office, the owner must provide the completed form and/or any additional documentation requested by the deadline stated in the letter. EXHIBIT B PART III PURCHASING AFFORDABLE HOUSING EXCEPTIONS TO PRIORITIES SUBJECT TO (SPECIAL REVIEW): 4. It is within the discretion of APCHA to determine that any deed -restricted unit located in a condominium or subdivision, which also includes free-market units, has been rendered unaffordable as a deed -restricted unit as a result of general or special assessments. The owner(s) of the deed -restricted unit will have the highest priority to move into a like unit at the same category of the unit currently owned. The APCHA, City of Aspen, or Pitkin County will have the highest priority to purchase the unit that the owner is currently in at the maximum resale price according to the deed -restriction recorded on said property and subject to the provisions of these Guidelines. The APCHA may release the deed -restriction on said property and sell the property at fair -market value as a free-market property. The APCHA will be reimbursed the amount of the purchase price of said unit plus a 2% sales fee with the balance of the funds going to the City or County for future development of deed -restricted housing. If the APCHA paid in any additional assessments, those funds shall also be reimbursed to APCHA. The APCHA shall only approve deed -restricted units in mixed projects IF the condominium declarations include adequate provisions limiting assessments on the deed -restricted units so that they will remain affordable. EXHIBIT C PART V PURCHASING AFFORDABLE HOUSING SECTION 12 LEASING POLICY FOR QUALIFIED RETIREES An owner of a deed -restricted property who has retired consistent with the definition of retirement in the Guidelines, may apply at the APCHA to lease their unit for up to six months (less one day in order to maintain the unit as their principal residence) out of each calendar year. To obtain the benefits of this APCHA program the owner and prospective tenant must complete the following: • The owner must complete a leave of absence form at the APCHA and qualify for the leave of absence as provided in these Guidelines. • The owner and tenant must complete and sign a lease agreement with terms acceptable to APCHA. • The owners Homeowner Association (if applicable) shall be notified of the rental and tenant information. • The owner must continue to use the APCHA deed restricted unit as their primary place of residence as evidenced by filing a Colorado Income Tax Return at that address. • The owner shall provide proof of adequate owners insurance covering the period of the lease. • The owner must designate a responsible person or entity to act as the owner's agent in the owner's absence. • The owner has the right to choose the tenant; however, the tenant must be a qualified employee as specified in the Guidelines, except the tenant does not have to comply with the income or asset limitations. If an owner wishes to lease the property to a qualified Pitkin County employer, then the employer who rents the unit shall pay an additional surcharge to the owner of $100 per month. The employer cannot pass this surcharge on to the tenant. The tenant must, however, meet all applicable requirements as stated in these Guidelines. • The tenant must work for 750 hours during the six month lease period. • The tenant must complete a rental application at the APCHA. For the purpose of this program neither the minimum occupancy nor the category requirements in the APCHA Guidelines will apply. The permitted rental rate and security deposit will be determined by the APCHA and recorded in the lease. This procedure must be followed for each new six-month lease period. EXHIBIT D PART X DEFINITIONS Residential Dwelling Unit — Any residential property within the Roaring Fork River drainage situated in Eagle, Pitkin or Garfield Counties, or within the Colorado River Drainage from and including the unincorporated No Name area to and including the City of Rifle. Roaring Fork River Drainaue/Roaring Fork Vail ev — The Roaring Fork River Drainage and/or Roaring Fork Valley, as used herein, includes the Roaring Fork River Valley and the valleys with tributary streams or rivers, including the Frying Pan River, the Crystal River, Snowmass Creek, Capital Creek, Maroon Creek and Castle Creek and including, but not limited to, the towns of Aspen, Snowmass Village, Woody Creek, Snowmass, Basalt, Meredith, El Jebel, Carbondale, Redstone, Marble, Glenwood Springs, No Name, Silt, and Rifle. TO: THRU: FROM MEMORANDUM Mayor Ireland and City Council mw& Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner^ RE: 222 East Hallam Street — Removal of SPA, Consolidated PUD, Rezoning, and alley vacation Second Reading of Ordinance No. 14, Series of 2009 DATE OF MEMO: June 24, 2009 MEETING DATE: July 13, 2009 APPLICANT /OWNER: Joseph A Amato REPRESENTATIVE: Patrick Rawley, Stan Clauson Associates LOCATION: 222 East Hallam Street CURRENT ZONING: R-6 (Medium Density Residential) zone district and SCl/SPA (Service Commercial Industrial) zone district with a Specially Planned Area (SPA) Overlay SUMMARY: The Applicant requests the removal of the SPA designation, a rezoning of SCI to R-6, and a PUD designation. No new development is proposed as part of this application. STAFF RECOMMENDATION: Staff recommends approval of the application. Approval of this application will permit the property to have the same allowance and restrictions as similarly situated properties in the West End. PLANNING AND ZONING RECOMMENDATION: On April 21, 2009, the P&Z voted in favor of the applicant, recommending the City Council vote to avnrove the Droiect with conditions. Photo 222 E Hallam. Photo: Looking down sloped rear yard of 222 E Hallam to Post Office Trail. QUESTIONS FROM FIRST READING: At First Reading, City Council asked a number of questions. These questions and staff responses are listed below. The rest of the memo is the same as from first reading. 1. What is the history of the building and uses on the property? a. According to building permit records, the property has historically been used as a single-family residence. In 1990 the original building was demolished and the current structure was constructed. It appears that the building permit was approved based on the entire lot being zoned R-6, not based on the split R-6/SCI SPA zoning that exists. 2. Are there development restrictions for TDRs landing on the property? a. Because this application is for a PUD, the dimensional requirements can be varied. As written, the Ordinance would permit the landing of TDRs in accordance with the R-6 zone district, as may be amended. There are currently no restrictions in the R-6 zone district for what a TDR may be used for. If approved as written, the Ordinance would allow TDRs to be used to add floor area to the home, and could be for any use. 3. Are there other properties in town that have similar zoning conditions? a. In 2002, City Council approved a similar application for the adjacent property at 216 E Hallam (also known as the Frost Property). That property had a similar split zoning situation, and the approval rezoned the entire property from split R- 6/SCI zoning to R-6. Staff believes the split zoning on that parcel, like 222 East Hallam, is a result of the original townsite boundary crossing the property. b. There are likely other properties in the City that have split zoning. One example is the former Silver Lining Ranch property, which is zoned Conservation SPA and Academic SPA. The Land Use Code addresses situations where split zoning exists on a parcel (see section 26.710.022). Because each property in town is unique, Staff does not believe that any precedent is set for other properties with split zoning if Council approves or denies this application. 4. Why is the Post Office Trail in its current location (i.e. why is it not located on an easement)? a. The Truman SPA, which was approved in the 1970s and encompasses the Clark's Market and Post Office areas, included a trail easement for the current Post Office Trail. Staff believes that the trail was intended to be located on that easement, but some of it did not make it onto the easement and was instead placed partially on this property. Staff has been unable to determine why the trail is in the current location, but given the slopes in the area staff believes the current location is a better solution than moving the trail further down the hill into the easement. b. A condition of approval for the proposed trail easement and conservation easement is included in Section 3 of the Ordinance. 5. Could staff define "contextual appropriateness?" a. One of the Review Criteria for the Designation of a PUD, Rezoning, and the Rescinding of an SPA requires "Compliance with the Aspen Area Community Plan." Staff has pulled a number of statements from the Aspen Area Community Plan (AACP) in evaluating these Criteria. (See Exhibits A, B, and C for these Review Criteria). One of the statements staff uses to evaluate compliance with the AACP is from the Design Quality section which states, "Contextual appropriateness transcends `style' alone." This sentence discusses the need for 4 buildings to "fit" with the neighborhood. The sentence states that it is more important for a building to be compatible with the neighborhood than it is for it to be done in a certain architectural style. b. In the context of this application, Staff believes it is important to discuss the kinds of uses and buildings that are characteristic of the neighborhood. The property is accessed off of a residential street and has historically contained residential uses. To Staffs knowledge, it has never contained a commercial building or use. The current split zoning allows for commercial uses and commercial buildings on a portion of the site. Staff believes that commercial uses and buildings would be out of character with the predominant land uses and buildings in the neighborhood and the historic use of the site. c. The purpose of this rezoning and PUD overlay is to ensure development on this property fits in with its context. The dimensional requirements proposed would ensure that the lot is developed with the same zoning requirements as the other residential lots in the area, creating a built pattern that one would expect to see in this area. First Reading Memo: REQUEST OF CITY COUNCIL: The review of an SPA, PUD, and re -zoning is a two step review process. Step one is review by the Planning and Zoning Commission, and step two is final review before City Council. The Applicant is requesting the following land use approvals from the City Council: • Removal of SPA designation pursuant to Land Use Code Chapter 26.440, Specially Planned Area. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Rezoning from SCI to R-6 and the elimination of an SPA Overlay pursuant to Land Use Code Chapter 26.310, Amendments to the Land Use Code and Official Zone District Map (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission); • Consolidated Conceptual/Final PUD approval to establish dimensional requirements pursuant to Land Use Code Chapter 26.445, Planned Unit Development. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission). • Alley - Staff is requesting City Council vacate the alley shown on the original Willits map. The property is located at 222 East Hallam. The parcel is 16,580 square feet and contains single family dwelling with 3,233 square feet of floor area. The parcel is "L-shaped" and contains steep slopes on the rear of the property. The rear of the property also contains a trail (herein after referred to as the Post Office Trail) that connects the Post Office/Clark's Market area with the Red Brick. The trail crosses through a portion of the property, but does not contain an easement. K Attachment D is a map of the property that illustrates where the trail crosses the property, as well as surrounding parcel information. Steep slopes exist along the base of the "L" and slope from the grassy area to the trail (see Attachment D, and Sheet 1.1 in the Application). The property has split zoning, as illustrated below. SCI with SPA Overlay It is believed the location of this split zoning is a result of the original townsite boundary. The townsite boundary is located in approximately the same place as the line separating the zone districts. The portion of the property zoned SCI is also currently part of Lot 4 of the Trueman SPA that encompasses the Clark's Market shopping area. The original townsite map indicates that a portion of an alley was located on the site. No vacation ordinance has been found for an alley on the property. PROJECT SUMMARY: The Applicant is proposing to remove the SPA designation from the property, to rezone the portion of the property zoned SCI to R-6, and to establish a new PUD on the property. The PUD would establish dimensional requirements similar to adjacent properties and would create an easement on the property for the Post Office Trail and to protect the steep slope on the property. Proposed Dimensional Requirements: The parcel is 16,580 square feet and contains a single family dwelling with 3,233 square feet of floor area. Single family dwelling units are a permitted use in the R-6 zone district, but are not a permitted use in the SCI zone district. When a parcel has split zoning and the use is permitted in only one of the zone districts, the Land Use Code requires that the use be developed only on land where that use is permitted and that the Floor Area and Density be calculated using the portion of the lot area that is in the zone district where the use is allowed.' In this case, this means that the single family dwelling unit may only be located on the portion of the lot zoned R-6 and that the allowed Floor Area be calculated based on the land area zoned R-6. See Land Use Code Section 26.710.022.A , Proposed use not allowed in all zone district, " I. The use can only be developed on land in which it is a permitted or conditional use; 2. The external floor area and density which shall apply to the use hall be calculated based only on the land area of the zone district in which the use is a permitted or conditional use..." El Under the current conditions, the allowable Floor Area for a single family dwelling unit is 3,233 sq. ft. If the rezoning is approved, it would add lot area to the calculation of allowed residential floor area, creating an increase in allowable floor area of 633 square feet. The current side yard setbacks are 5 feet on the western property line and 10 feet on the eastern property line, for a combined side yard setback of 15 feet — this is currently a non -conforming condition because based on the lot area the required combined side yard setbacks would be 51.45 feet.z The PUD can establish dimensional requirements, including Floor Area and setbacks. Without the PUD designation to establish dimensional requirements, the parcel would continue to be non -conforming in terms of side yard setbacks. The applicant originally proposed creating a 33 foot rear yard setback to protect the steep slope and existing trail — the resulting setback would be located at the existing top of slope. The Parks Department staff requested an additional 5 feet added to the setback, for a total of 37 feet, to ensure the slope is protected. The Planning and Zoning Commission made as a condition of their approval a rear yard setback of 42 feet to further ensure the slope is protected. Since the P&Z review, the Applicant has amended the application to request the ability to extinguish TDRs on the site. A TDR would allow for an additional 250 sq. ft. of floor area to be landed on the site. In the future if the property were redeveloped to have a duplex or 2 single family dwelling units, the ability to land TDRs would mean a total of 500 sq. ft. of additional floor area could be landed on the site (1 TDR per dwelling unit). This is the same TDR allowance for all other properties. The proposed dimensional requirements are based on rezoning the entire property to R-6. Any dimensional requirements not listed will be required to conform with the R-6 zone district, as amended from time to time. The proposed dimensional requirements, as amended by the Planning and Zoning Commission, are listed below: Z See Land Use Code Section 26.710.022.A , Proposed use not allowed in all zone district, "2... other dimensional requirements [not floor area] ... shall be calculated on the basis of the land area and development of the entire parcel." 9 R-6 Dimensional Proposed Dimensional Underlying Zone District Requirement Requirements Dimensional Requirements R-6 Minimum Front Yard Principal building: 10 feet Principal building: 10 feet Setback Accessory building: 15 feet Accessory building: 15 feet Combined: 15 feet Combined: 51.45 feet, 5 feet on western property minimum of 15 feet on Minimum Side Yard Setback line each side yard, leaving an 10 feet on eastern property 8.65 strip of land for line development 10 feet from top of slope Principal building: 10feet (`82' contour line), or Portion of a principal Minimum Rear Yard Setback approximately 42 feet from building used solely as a rear property line et garage: ry building: uildin : 5 feet Single -Family: 3,866 sq. ft. Single -Family: 3,866 sq. ft. Duplex or 2 Detached Duplex or 2 Detached Dwellings: 4,286 sq. ft. Dwellings: 4,286 sq. ft. Allowable Floor Area + the ability to land TDRs + the ability to land TDRs on the property, as on the property, as provided for in the R-6 provided for in the R-6 zone district, as may be zone district, as may be amended from time to amended from time to time. time. STAFF COMMENTS: SPECIALLY PLANNED AREA — REMOVAL OF AN SPA DESIGNATION: A Specially Planned Area (SPA) is a process in which a site specific development plan is created which encourages flexibility and innovation in the development of land and promotes objectives outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone district's land uses and dimensional requirements for the benefit of the public. The parcel currently contains an SPA and the Applicant has requested that it be removed. To remove an SPA from a property, the Planning and Zoning Commission and City Council must find that the property no longer meets the following standard (emphasis added): Sec. 26.440.030. Designation of Specially Planned Area (SPA). A. Standards for designation. Any land in the City may be designated Specially Planned Area (SPA) by the City Council if. because of its unique historic. natural. Dhvsical or locational characteristics, it would be of great public benefit to the CiU for that land to be allowed design flexibility and to be Dlanned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's Official Zone District Map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. Staff believes that the removal of the SPA is appropriate. While the property abuts the Post Office property (zoned SCI with an SPA overlay), the property is accessed off of Hallam Street, a residential street, and does not have a physical or use relationship with the Post Office or other commercial properties located in the Clark's Market area. 222 E Hallam has a clear relationship to the West End residential neighborhood given its single family use. Additionally, it is similar in size to the two existing single family homes that are located on either side of the property. A majority of the neighborhood contains single family residential uses. Staff does not believe that any public purpose is served by permitting multiple uses on the property. Additionally, staff does not believe any "unique historic, natural, physical or locational characteristics" exist that would warrant the SPA designation to remain on the property. Physically, the usable portion of 222 E Hallam is separated from the commercial uses in the Clark's Market area by a steep slope. The property has historically been used as a residence, and has never contained commercial uses. Overall, staff believes that the removal of the SPA designation will make the property more compatible with the surrounding residential neighborhood. The SPA designation is inconsistent with the land use pattern in the area. REZONING: Rezoning is requested for the portion of the lot currently zoned SCl/SPA. The Applicant proposes rezoning the entire lot to R-6 to make it consistent with the rest of the neighborhood and the existing single-family use on the property as well as on the adjacent parcels. Staff supports the rezoning, as it will create a more consistent use and development pattern in the area. PLANNED UNIT DEVELOPMENT: In order to establish a PUD on a property, a public benefit must be created. In this case, the applicant has agreed to provide an easement on the property to protect the slope and to create a formal easement for the trail that crosses the property. The Post Office Trail is an important connection in the City, and staff believes that a public benefit is created through the establishment of the proposed easement. Staff also believes a public benefit is created by extinguishing the ability for incompatible uses (i.e. commercial uses) to be on the property. The PUD will also establish dimensional requirements for the property. Because of the size of the property (12,435 square feet after slope reduction), the R-6 zone district requires a combined side yard setback of 51.45 feet. Since the Hallam Street side of the parcel (where the existing driveway and pedestrian access is located) is only 60 feet long, the effective buildable area would be approximately 8 feet 6 inches. This is not in keeping with the traditional development pattern in the area, and would create a non -conforming building. The Applicant proposes establishing side yard setbacks consistent with the existing building — five (5) feet minimum on each side with a combined side yard setback of fifteen (15) feet. Staff believes that these setbacks are appropriate, as they are in character with traditional R-6 lots that are 60 feet in width and are consistent with the existing building and neighborhood context. Allowable Floor Area will also be established as part of the PUD. The existing lot area is 16,580 square feet. There are significant slopes on the parcel, resulting in a requirement that the W effective lot area be reduced.3 The "effective lot area" for purposes of calculating Floor Area is 12,435 square feet. Using the R-6 zone district Floor Area calculations, this results in an allowable floor area for a single-family home of 3,866 square feet, or 4,116 sq. ft. if a TDR is extinguished on the site. This also results in an allowable floor area for a duplex or 2 detached residential buildings of 4,286 square feet, or up to 4,786 square feet if 2 TDRs were extinguished on the site. ALLEY VACATION: A portion of the lot appears to be an alley on the original Willits townsite map. The map shows a triangle shaped alley on Lot K of Block 71. The alley appears to run from lots A through K, and to not be included on Lots L, M, or N because the townsite boundary bisects the alley on Lot K. The alley is illustrated in Exhibit G to this memo and is included as Exhibit A of the Ordinance. However, no alley appears in the title work and no vacation ordinance has been found for the property. Vacation ordinances have been found for the adjacent property located at 216 East Hallam (also known as the Frost Property). In order to ensure the record is clear, Staff requests City Council grant an alley vacation for the property in order to ensure the record is clear. Vacated alleys are not counted in "effective lot area" calculations.4 Because the record is unclear, staff does not propose reducing the "effective lot area" for the portion that may or may not have been an alley. REFERRAL AGENCY COMMENTS: The Engineering Department, Zoning Officer, Transportation Department, Utilities and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. Parks has requested that a conservation easement be granted on the property for all areas that contain steep slopes. They have also requested than an additional five (5) foot setback be created from the top of slope to protect the vegetation on the steep slope. These have been included as conditions in the Ordinance. The Planning and Zoning Commission requested a larger rear yard setback, so that the rear yard setback would be 10 feet from the top of slope, or 42 feet from the property line. This condition has been incorporated into the Ordinance. ENVIRONMENTAL IMPACT: Not applicable FISCAL IMPACT: Not applicable. RECOMMENDATION: Staff recommends approval for the re -zoning, SPA removal, and the PUD designation on first reading. ' See Section 26.575.020.C, Lot Area. "...lot areas shall include only areas with a slope of less than twenty percent (20%). In addition, half (.50) of lot areas with a slope of twenty to thirty percent (20-30%) may be counted towards floor area ratio; areas with slopes of greater than thirty percent (30%) shall be excluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed twenty-five percent (25%)" "See Section 26.575.020.C, Lot Area. "...that area within a vacated right-of-way or within an existing or proposed dedicated right-of-way or surface easement." 3 PROPOSED MOTION: "I move to approve Ordinance #14, Series 2009, approving the removal of a Specially Planned Area (SPA), a rezoning, the creation of a Planned Unit Development (PUD), and an alley vacation, for the property located at 222 East Hallam." CITY MANAGER COMMENTS: Attachments: EXHIBIT A — SPA Review Criteria, Staff Findings EXHIBIT B — Rezoning Review Criteria, Staff Findings EXHIBIT C — PUD Review Criteria, Staff Findings EXHIBIT D — DRC Comments EXHIBIT E — P&Z minutes from April 2 Vt public hearing EXHIBIT F — Context map of 222 East Hallam EXHIBIT G — Willits map illustrating platted alley on Lot K of block 71 EXHIBIT H — Application EXHIBIT I — Addendum to Application, dated April 10 EXHIBIT J — Addendum to Application, dated April 14 EXHIBIT K — Addendum to Application, dated May 27 W Ordinance No. 14 (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS THE REMOVAL OF A SPECIALLY PLANNED AREA (SPA) DESIGNATION, A REZONING FROM S/C/I (SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY RESIDENTIAL), AN ALLEY VACATION OF A PLATTED ALLEY ON LOT K OF BLOCK 71, AND A PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION FOR BLOCK: 71 LOT: K & LOT: L, CITY AND TOWNSITE OF ASPEN, AND A PARCEL OF LAND BEING PART OF LOT 4 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT AS SAID LOT 4 IS SHOWN IN PLAT BOOK 5 AT PAGES 70-75, LOCATED AT 222 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-073-14-002 WHEREAS, the Community Development Department received an application from Joseph A Amato, represented by Stan Clauson Associates, Inc, requesting the removal of a Specially Planned Area (SPA) designation, a rezoning, and the creation of a Planned Unit Development (PUD) for the property located at Block 71: Lots K & Lot L of the Original Townsite of Aspen and part of Lot 4 of the Truman Neighborhood Commercial Project, commonly known as 222 E. Hallam Street in the City of Aspen; and WHEREAS, the City Engineer, City Zoning Officer, the Parks Department, the Transportation Department, Public Works, the Aspen Fire Department, and the GIS Department reviewed the rezoning proposal for 222 East Hallam Street and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval of the removal of a Specially Planned Area (SPA) designation, the rezoning from S/C/I to R-6, and the creation of a Planned Unit Development (PUD); and WHEREAS, upon review of the application, the Community Development Department researched and found evidence that an alley was originally platted on the property on the original Willits Map that has never been vacated; and WHEREAS, all adjacent alleys platted on the original Willits Map have been vacated, leaving the section of alley on Lot K of Block 71 without public access; and WHEREAS, the Community Development Department believes a formal vacation of the alley should take place; and Page 1 of 4 WHEREAS, during a duly noticed public hearing on April 21, 2009, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. 7, Series of 2009 by a three to one (3 - 1) vote, recommending that City Council approve with conditions the removal of a Specially Planned Area (SPA) designation, the rezoning from S/C/I to R-6, the creation of a Planned Unit Development (PUD), and an alley vacation; and, WHEREAS, on June 22nd, 2009 the Aspen City Council approved Ordinance No. 14, Series 2009, on First Reading by a four to zero (4-0) vote, approving with conditions the removal of SPA designation, the rezoning, the PUD designation, and alley vacation; and, WHEREAS, during a duly noticed public hearing on July 13`h, 2009, the Aspen City Council approved Ordinance No. , Series 2009, by a _ to _ (---) vote, approving with conditions the removal of SPA designation, the rezoning, the PUD designation, and alley vacation; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards 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 welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Rescinding an SPA Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves rescinding the SPA designation on the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Rezoning to R-6 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves rezoning the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado from S/C/I (Service/Commercial/Industrial) to R-6 (Medium Density Residential). Section 3: PUD Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the establishment a PUD on the property located at 222 East Hallam, City and Townsite of Aspen, Pitkin County, Colorado. The PUD dimensional requirements are based on the R-6 zone district. Any dimensional requirements not listed below will be required to conform with the R-6 zone district, as amended from time to time. The dimensional requirements are: Page 2 of 4 R-6 Dimensional Proposed Dimensional Requirement Requirements Minimum Front Yard Principal building: 10 feet Setback Accessory building: 15 feet Combined: 15 feet 5 feet on western property Minimum Side Yard Setback line 10 feet on eastern property line 10 feet from top of slope Minimum Rear Yard Setback (82 contour line), or approximately 42 feet from rear property line Single -Family: 3,866 sq. ft. Duplex or 2 Detached Dwellings: 4,286 sq. ft. Allowable Floor Area + the ability to land TDRs on the property, as provided for in the R-6 zone district, as may be amended from time to time. Prior to the recordation of a PUD Agreement, the Applicant and City shall execute a Conservation Easement for the portion of the property from the Top of Slope (the `82' contour line) to the rear property line. No building or building projections shall be permitted in the easement. Section 4: Alley Vacation Insomuch as an alley is located on Lots K & L of Block 71 City and Townsite of Aspen it is hereby vacated. The ownership and title of any (ands associated with said alley shall vest as provided in and by Section 43-2-302 C.R.S. The area is described in Exhibit A to this Ordinance. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Page 3 of 4 Section 6• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8• A public hearing on this ordinance shall be held on the 13d' day of July, 2009, 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 22"d day of June, 2009. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of 2009. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor Page 4 of 4 nbV�1l�s�rcQ,� B� + map ,.tom k. L Or inAQczUu.� ft zloa �, S c J •.•U� !r mew F� C a r 1 V ,c rr , e s� r b � I IQ c ©M ,c��eS Zooq axhjllo) -A hk�j \kafiW) -L)lu fl?;I a j I 3' �C11 qF S SI •' � I , � 1 Yl �.l z '� ff -• w Y J 1p A �c,ti LIM, RAVII is T, EXHIBIT A - Chapter 26.440, SPECIALLY PLANNED AREA (SPA) Review Criteria Sec. 26.440.030.B: Procedure for designation, amendment, rescinding. Any parcel that meets the standards established in Subsection 26.440.030.A may be designated Specially Planned Area (SPA) pursuant to review and recommendation by the Planning and Zoning Commission and approval by the City Council pursuant to the procedures established in this Chapter. The boundaries of a parcel previously designated Specially Planned Area (SPA) may be amended following the same procedures used in designating a parcel Specially Planned Area (SPA). The removal of Specially Planned Area (SPA) designation from a parcel shall follow the same procedures used in designating the parcel Specially Planned Area (SPA), but shall require demonstration of why the land no longer meets the standards established in Subsection 26.440.030.A. (emphasis added) Sec. 26.440.030. Designation of Specially Planned Area (SPA). A. Standards for designation. Any land in the City may be designated Specially Planned Area (SPA) by the City Council if because of its unique historic natural, physical or locational characteristics, it would be of great public benefit to the Citzfor that land to be allowed design flexibility and to be planned and developed comprehensively as a multiple use development. A parcel of land designated Specially Planned Area (SPA) shall also be designated on the City's Official Zone District Map with the underlying zone district designation which is determined the most appropriate. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the uses and development which may be considered during the development review process. (emphasis added) Staff Finding: The Land Use Code requires that for an existing SPA to be removed from a parcel, that the parcel no longer meet the "standards for designation" outlined in section 26.440.030.A. The property is zoned R-6 and SCI with an SPA overlay and currently contains a single family home. Currently, multiple uses do not exist on the property, and the owner does not wish to establish multiple uses in the future. While the property abuts the Post Office property (zoned SCI with an SPA overlay), the property is accessed off of Hallam Street, a residential street, and does not have a physical or use relationship with the Post Office or other commercial properties located in the Clark's Market area. 222 E Hallam has a clear relationship to West End residential neighborhood given its single family use. Additionally, it is similar in size to the two existing single family homes that are located on either side of the property. A majority of the neighborhood contains single family residential uses. Staff does not believe that any public purpose is served by permitting multiple uses on the property. Additionally, staff does not believe any "unique historic, natural, physical or locational characteristics" exist that would warrant the SPA designation to remain on the property. Physically, the usable portion of 222 E Hallam is separated from the commercial uses in the Clark's Market area by a steep slope. The property has historically been used as a residence, and has never contained commercial uses. Exhibit A — Specially Planned Area Review Criteria Page 1 of 4 Staff finds that the SPA designation at 222 E Hallam does not meet the "standards for designation" outlined in section 26.440.030.A, and therefore complies with the review criteria to rescind the SPA designation. Sec. 26.440.050. Review standards for development in a Specially Planned Area (SPA). A. General. In the review of a development application for a conceptual development plan and a final development plan, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: The removal of the SPA designation will make the property more compatible with the surrounding residential neighborhood. The SPA designation is inconsistent with the land use pattern in the area. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: The property is currently served by all utilities, including roads. The service level is set up for the existing single family use. The cross town shuttle runs along Hallam, providing easy public transit access for the property. No additional infrastructure is needed to serve this property if it retains its existing single family use. Staff finds this criterion to be met. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mudflow, rock falls, avalanche dangers and flood hazards. Staff Finding: The parcel includes steep slopes, some of which are in excess of 30%. No development exists on this portion of the parcel and none is proposed. If the SPA is rescinded, the applicant has agreed to create a conservation easement on the parcel that would include all areas in the slope. This would protect the existing native vegetation on the slope, and would prevent any future development on the slope. No other natural hazards are believed to affect the lot. Staff finds this criterion to be met. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: Exhibit A — Specially Planned Area Review Criteria Page 2 of 4 The applicant proposes a conservation easement on the portion of the property that contains steep slopes and an existing city trail. This easement would be created through the elimination of the SPA designation and the creation of a PUD. The easement provides a mechanism for the existing trail to have a formal, dedicated, easement that would allow the Parks Department to maintain the trail for public use. Staff finds the application to meet this criterion. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: Rescinding the SPA will meet a number of goals in the Aspen Area Community Plan. The Design Quality section of the AACP states, "Contextual appropriateness transcends `style' alone." This section also states, "Zoning, our primary means of shaping the built environment, must encourage appropriate and lively design." By rescinding the SPA, the allowed uses on the property will be more consistent with the surrounding neighborhood. This translated into physical design to the extent that any changes to the existing single family home would be required to comply with the Residential Design Standards. If a commercial use were established on the portion of the parcel with the SPA designation, that building would not be subject to that review and could be out of character with the residential neighborhood. Additionally, eliminating the SPA designation and creating a PUD will further AACP goals related to trails. The AACP states, "Implicit in the development and growth of the other elements of the Aspen Area Community Plan is ... the further development, management and preservation of our parks and trails." The existing trail that crosses this property does not have a trial easement. An easement for the trail will be created through the elimination of the SPA and the creation of a PUD. Overall, Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel or the surrounding neighborhood. Staff Finding: The proposal does not require public funds to provide public facilities for the proposed parcel. Staff finds this criterion to be met. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Subsection 26.445.040.B.2. Staff Finding: The property contains steep slopes, some of which are in excess of 20%. As part of the PUD designation, the Applicant proposes establishing dimensional requirements consistent with the slope reduction requirements outlined in the code. Staff finds this criterion to be met. 8. Whether there are sufficient GMQS allotments for the proposed development. Exhibit A — Specially Planned Area Review Criteria Page 3 of 4 Staff Finding: Not Applicable. time. The Applicant does not propose any new development on the parcel at this B. Variations permitted. The final development plan shall comply with the requirements of the underlying zone district; provided, however, that variations from those requirements may be allowed based on the standards of this Section. Variations may be allowed for the following requirements: open space, minimum distance between buildings, maximum height, minimum front yard, minimum rear yard, minimum side yard, minimum lot width, minimum lot area, trash access area, internal floor area ratio, number of off-street parking spaces and uses and design standards of Chapter 26.410 for streets and related improvements. Any variations allowed shall be specified in the SPA agreement and shown on the final development plan. Staff Finding: There are no requests to vary the dimensional requirements as part of the SPA. These requests are made under the PUD request. Staff finds this criteria to not be applicable. Exhibit A — Specially Planned Area Review Criteria Page 4 of 4 EXHIBIT B - Chapter 26.310, AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Review Criteria Sec. 26.310.010. Purpose. The purpose of this Chapter is to provide a means for amending the text of this Title and the Official Zone District map. It is not intended to relieve particular hardships or confer special privileges or rights on any person. Sec. 26.310.040. Standards of review. 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: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding: The proposed rezoning does not conflict with other portions of the Land Use Code. Rezoning the property from SCl/SPA to R-6 will make the property more compatible with the surrounding residential neighborhood. Staff finds this criterion to be met B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: The rezoning is consistent with the Aspen Area Community Plan. The proposal will meet a number of goals in the Aspen Area Community Plan. The Design Quality section of the AACP states, "Contextual appropriateness transcends `style' alone." This section also states, "Zoning, our primary means of shaping the built environment, must encourage appropriate and lively design." By rescinding the SPA, the allowed uses on the property will be more consistent with the surrounding neighborhood. This translated into physical design to the extent that any changes to the existing single family home would be required to comply with the Residential Design Standards. If a commercial use were established on the portion of the parcel with the SPA designation, that building would not be subject to that review and could be out of character with the residential neighborhood. Additionally, the rezoning will further AACP goals related to trails. The AACP states, "Implicit in the development and growth of the other elements of the Aspen Area Community Plan is ... the further development, management and preservation of our parks and trails." The existing trail that crosses this property does not have a trial easement. An easement for the trail will be created through the elimination of the SPA, the rezoning to R-6, and the creation of a PUD. Overall, Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Exhibit B — Rezoning Review Criteria Page I of 3 Staff Finding: The property currently has split zoning — a portion of the property is zoned R-6 and a portion is zoned SCl/SPA. The rezoning will make the lot consistent with the use pattern in the West End neighborhood and with the parcels immediately adjacent to the property. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The property is currently served by all utilities, including roads. The service level is set up for the existing single family use. The cross town shuttle runs along Hallam, providing easy public transit access for the property. The existing structure, driveway, and parking will not adversely affect traffic. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Finding: The property is currently served by all utilities, including roads. The service level is set up for the existing single family use. The cross town shuttle runs along Hallam, providing easy public transit access for the property. No additional infrastructure is needed to serve this property if it retains its existing single family use. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: Rezoning the property to R-6 will not create any adverse impacts on the natural environment. The applicant proposes a conservation easement on the portion of the property that contains steep slopes and an existing city trail. This easement would be created through the rezoning and the creation of a PUD. The easement provides a mechanism for the existing trail to have a formal, dedicated, easement that would allow the Parks Department to maintain the trail for public use. The easement will also protect the existing native vegetation located on the property's sloped hill. Staff finds the application to meet this criterion. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Finding: While the property abuts the Post Office property (zoned SCI with an SPA overlay), the property is accessed off of Hallam Street, a residential street, and does not have a physical or use relationship with the Post Office or other commercial properties located in the Clark's Exhibit B — Rezoning Review Criteria Page 2 of 3 Market area. 222 E Hallam has a clear relationship to West End residential neighborhood given its single family use. Additionally, it is similar in size to the two existing single family homes that are located on either side of the property. A majority of the neighborhood contains single family residential uses. The rezoning will make the property more in character with the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The proposed rezoning will make the property more compatible with the surrounding residential neighborhood in terms of use pattern and built environment. Staff finds this criterion to be met I. 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: The proposed rezoning does not conflict with the public interest or other portions of the Land Use Code. Rezoning the property from SCl/SPA to R-6 will make the property more compatible with the surrounding residential neighborhood. Additionally, the Applicant is proposing conservation easement to protect an existing city trail that crosses the property and to protect the native vegetation on the parcel's sloped hill. This will further the public interest by ensuring the existing trail connection from the Clark's Market area to the Red Brick remains intact. Staff finds this criterion to be met Exhibit B — Rezoning Review Criteria Page 3 of 3 EXHIBIT C - Chapter 26.445, PLANNED UNIT DEVELOPMENT (PUD) Review Criteria Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Rescinding the SPA will meet a number of goals in the Aspen Area Community Plan. The Design Quality section of the AACP states, "Contextual appropriateness transcends `style' alone." This section also states, "Zoning, our primary means of shaping the built environment, must encourage appropriate and lively design." By rescinding the SPA, the allowed uses on the property will be more consistent with the surrounding neighborhood. This translated into physical design to the extent that any changes to the existing single family home would be required to comply with the Residential Design Standards. If a commercial use were established on the portion of the parcel with the SPA designation, that building would not be subject to that review and could be out of character with the residential neighborhood. Additionally, eliminating the SPA designation and creating a PUD will further AACP goals related to trails. The AACP states, "Implicit in the development and growth of the other elements of the Aspen Area Community Plan is ... the further development, management and preservation of our parks and trails." The existing trail that crosses this property does not have a trial easement. An easement for the trail will be created through the elimination of the SPA and the creation of a PUD. Overall, Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. No new development is proposed as part of this application. The property is currently zoned R-6 and SCI with an SPA overlay and contains a single family home. While the property abuts the Post Office property (zoned SCI with an SPA overlay), the property is accessed off of Hallam Street, a residential street, and does not have a physical or use relationship with the Post Office or other commercial properties located along Puppy Smith Street. 222 E Hallam has a clear relationship to West End residential neighborhood given its single family use. Additionally, it is similar in size to the two existing single family homes that are located on either side of the property. A majority of the neighborhood contains single family residential uses. Retaining the single family use on the property ensures the parcel remains in character with the existing land use pattern. Staff finds this criterion to be met. Exhibit C — PUD Review Criteria Page 1 of 11 3. The proposed development shall not adversely affect the future development of the surrounding area. No new development is proposed as part of this application. Rezoning the parcel to R-6 and creating a PUD that establishes setbacks, Floor Area, and creates an easement for the trail and protects the vegetation of the hill will not adversely affect the future development in the area. . Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Not Applicable. The Applicant does not propose any new development on the parcel at this time. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The PUD development plans establish dimensional requirements for all properties in a PUD. The proposed dimensional requirements are based on rezoning the entire property to R-6. Any dimensional requirements not listed will be required to conform with the R-6 zone district, as amended from time to time. The proposed dimensional requirements are listed on the next page: Exhibit C — PUD Review Criteria Page 2 of 11 R-6 Dimensional Proposed Dimensional Underlying Zone District Dimensional Requirement Requirements Requirements R-6 Minimum Front Yard Principal building: 10 feet Principal building: 10 feet Setback Accessory building: 15 feet Accessory building: 15 feet Combined: 15 feet 5 feet on western property Combined: 51.45 feet, Minimum Side Yard Setback line minimum of 15 feet on 10 feet on eastern property each side yard line 10 feet from top of slope Principal building: 10feet (` 82' contour line), or Portion of a principal Minimum Rear Yard Setback approximately 42 feet from building used solely as a rear property line garage: 5feet Accessory building: 5 feet Single -Family: 3,866 sq. ft. Single -Family: 3,866 sq. ft. Duplex or 2 Detached Duplex or 2 Detached Dwellings: 4,286 sq. ft. Dwellings: 4,286 sq. ft. Allowable Floor Area + the ability to land TDRs + the ability to land TDRs on the property, as on the property, as provided for in the R-6 provided for in the R-6 zone district, as may be zone district, as may be amended from time to amended from time to time. time. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. The proposed dimensional requirements are consistent with the existing home and the character of the neighborhood. The rezoning adds lot area to the calculation of allowed residential floor area, creating an increase in allowable floor area of 633 square feet. The additional lot area would also create a non -conforming building in terms of side yard setbacks. Additionally, the applicant proposes creating a 33 foot rear yard setback to protect the steep slope and existing trail — the resulting setback would be located as the existing top of slope. Parks Department staff has requested an additional 5 feet added to the setback, for a total of 37 feet, to ensure the slope is protected. The proposed dimensional requirements are compatible with the surrounding neighborhood uses. Staff finds this criterion to be met. Exhibit C — PUD Review Criteria Page 3 of 1 I b. Natural or man-made hazards. No known hazards exist on the lot. Staff finds this criterion to be met. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. The proposed dimensional requirements, specifically the 37 foot rear yard setback, will protect existing vegetation on the steep slope. The conservation easement will ensure there is limited intrusion into the slope. Staff finds this criterion to be met. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. The proposed dimensional requirements are consistent with the use mix and physical development pattern of the area. Staff finds this criterion to be met. Z The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. No development is proposed as part of this application. The dimensional requirements are consistent with the residential nature of the lot and the surrounding neighborhood. Any future development on the property will be required to comply with applicable Residential Design Standards. The parcel will be subject to all dimensional requirements in the R-6 zone district that have not been altered as part of the PUD (i.e. open space, site coverage, distance between buildings, etc). Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non-residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. No change to the existing parking configuration is proposed with this application. Any future development on the parcel will be required to meet all applicable off-street parking Exhibit C — PUD Review Criteria Page 4 of 11 requirements as outlined in the Land Use Code. The cross-town shuttle operates along Hallam, and the property is located within walking distance of many commercial facilities. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. The property is currently served by all utilities, including roads. The service level is set up for the existing single family use. The cross town shuttle runs along Hallam, providing easy public transit access for the property. No additional infrastructure is contemplated for this property. The applicant does not propose altering the density on the parcel. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. There are no known development hazards located on the property. A conservation easement is proposed for areas that contain steep slopes, which will prohibit any future development on that portion of the site. No development is proposed as part of this application, and therefore no negative impacts to air quality or the water shed exist. The applicant does not propose altering the density on the parcel. Any future development on the property will be required to comply with applicable Residential Design Standards. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. Exhibit C—PUD Review Criteria Page 5 of 1 I b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those areas can be avoided or those characteristics mitigated c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. While the Applicant proposes establishing the FAR for the project, no increase in the maximum density is proposed. Staff finds this criterion to be met. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. The Applicant is attempting to protect the parcel's steep slope and the vegetation that exists on that portion of the property. The applicant is also proposing an easement to formalize the trail that currently runs along the northern portion of the property. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. No significant open spaces will be lost with this proposal, as the applicant proposes a conservation easement to help preserve the steep slope and existing vegetation on the slope. No new development is proposed as part of this application, so no clustering of structures is proposed at this time. Staff finds this criterion to be met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Exhibit C — PUD Review Criteria Page 6 of I 1 The existing house if oriented toward Hallam Street. No new development is proposed as part of this application. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The existing site allows for emergency and service vehicle access. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. The site provides pedestrian and handicapped access, as required by the building code. Any future development will be required to meet all accessibility requirements. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. No new development is proposed for the site. Any future development will be required to meet all drainage requirements. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Not applicable. No non-residential land uses are proposed for this parcel. The re -zoning will prohibit non-residential uses from being on the property. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. No landscape changes are proposed as part of this application. Staff finds this criterion to be met. 2. Signiftcant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. The existing slope will be protected by a conservation easement. No development is proposed in the easement area. Staff finds this criterion to be met. Exhibit C— PUD Review Criteria Page 7 of 11 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. The proposed conservation easement will prohibit any development on the steep slope. Projections into the easement area will also be prohibited. Staff finds this criterion to be met. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. No new development is proposed as part of this application. Any future development on the property will be required to comply with applicable Residential Design Standards. Staff finds this criterion to be met. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. No new development is proposed as part of this application. Any future development on the property will be required to comply with applicable building and energy codes. Staff finds this criterion to be met. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. No new development is proposed as part of this application. Any future development on the property will be required to comply with applicable city codes. Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. No new development is proposed as part of this application. The PUD will comply with all lighting regulations in place. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met. Exhibit C — PUD Review Criteria Page 8 of 11 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. There are no common spaces proposed as part of this application. Protection of the trail and steep slope will be provided for though an easement. Staff finds this criterion to be met. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with thefollowing: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. The property is currently served by all utilities, including roads. The service level is set up for the existing single family use. The cross town shuttle runs along Hallam, providing easy public transit access for the property. No additional infrastructure is contemplated for this property. The applicant does not propose altering the density on the parcel. Staff finds this criterion to be met. L Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: Exhibit C — PUD Review Criteria Page 9 of 11 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. The existing single family house has direct access to Hallam Street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. The existing structure, driveway, and parking will not adversely affect traffic. Staff finds this criterion to be met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. The trail that connects the Post Office to the Red brick (i.e. Post Office Trail) currently runs through a portion of the applicant's property, but does not contain an easement. This trail has been in existence for many years. As part of the PUD application, the applicant will dedicate a permanent, public easement for the trail to allow for continued maintenance and public access. Staff finds this criterion to be met. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. The Applicant has agreed to provide an easement for the Post Office trail. The trail current crosses the property, but does not have an easement. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) Exhibit C— PUD Review Criteria Page 10 of I 1 The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PDD development plan. Not applicable. No phasing is proposed as part of this development. Exhibit C — PUD Review Criteria Page 11 of 11 U, OAAREN Addendum 4113109 Memorandum Date: March 11, 2009 To: Jason Lasser, Planner From: Brian Flyrm, Parks Department Re: 222 E Hallam, DRC review The Parks Department is concerned with protecting the integrity of the undisturbed hillside and trail experience. To that affect: 1. Future landscaping of the hillside should be prohibited. New inappropriate plantings will change the feel of the trail and cause additional shading on a highly difficult snow removal area. Parks supports a top of slope set back of no less than 5-feet. 2. Staff suggests that the applicant provide the City with a conservation easement for the portion of the property located on the hillside. The conservation easement will protect in perpetuity the values of the hillside, natural and recreational. The language of the easement can include the right for public access across the property via the existing trail. A new property survey or plat should show the area of the conservation boundary and trail. The specific language of the conservation easement will be written, signed and recorded no more than 150 days after the approval of the PUD. Date: February 2009 Project: 222 East Hallam Rezone City of Aspen Engineering Department DRC Comments 1) Engineering Department would request a more detailed survey showing existing easements, major utilities, and a more accurate depiction of existing driveway boundaries. 2) Engineering would request easements for any existing utilities on site. 3) Engineering would request the applicant maintain any existing easements identified on site. ' 3) The Engineering Department would request the applicant review driveway set backs from the property line during and redevelopment activities on this site. Miscellaneous Construction Management — A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation for: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. Detailed plans are required prior to council — please see engineering department for specific details. Exhibit E the house ans you move Haas saidAe patio is flat v hhove fade so there are re Bf ' top of slope; the top 4 the %"p of slope is about half of :ant Was very ser s6ive to the er. produce engineer were not just would is said that the for drainag ,� plans byre, ide goes high e d then lowWXW in the center. s but when y u e o the a corner you are Is runnin erpendicu the Hallam Lake Ong w was 8 feet p}iis 17 feet back he` ssive height limit. s said the ri nt and has green comp s lot tub iSsu4t en and it will meet ity there will be a hot tub. H said re will coatiply with the lightin codes.e L ked why tbj�*as beyond)dhdscaping. 1V g walls duVta,the grade,,of 8 foot. Weiss the nati s to b8 �built and it is not on the here and t tI 'replacement has alre considered a'utility. Garrow�did :ed. ; as replied be( noticed a dry tans. %Iaas respond/4the idy been approve . y the at building pegdt the floor Bert Myrin ked if�the light emitted from t$ofire pit was abov, the grade�Tlaas replied t source of Dire pit was below grade and behind ,, a house. Myrirr;� that his oncern w ,from Hallam Lake., aas said that it as not visible from Hall Lake /fLnent ir. blic cs. MOTTO , ti Cliff Weiss move to approve p, 'lion #006A-09)Qr 10 : Wood Duck ne, h4am LaIBIreview with th nditionas part of `t building perm" 'review th&'� onir will review justed floor area cal ' ations to ins a they are cons' allowable fl or area; seconded b ik Wampler. Ro call vote: Gibbs,in, yes; Wampler, yes; Weiss, yes; Erspamer, yes. APPROVED 5-0. ' PUBLIC HEARING: 222 E HALLAM, MAP AMENDMENT and ASSOCIATED LAND USE LJ Erspamer opened the public hearing. Bert Myrin recused himself. Jessica Garrow stated the owner was Joseph Amato represented by Patrick Rawley of Stan Clauson and Associates. Garrow said the applicant is requesting 3 land use approvals and all require a recommendation from the Planning & Zoning Commission to City Council for the final review authority. Garrow stated the, first is removal of the SPA Designation (Specially Planned Area); the second is a M Regular Meeting Aspen Planning and Zoning April 21, 2009 rezoning from SCI (Service Commercial Industrial) to R-6 and a creation of a PUD for the property. Garrow said the PUD was a consolidated process, which was a conceptual and final process. Garrow said the property was an upside down shaped L, shown in Exhibit E, the map; there was split zoning on the parcel. The zoning was SCI with a SPA overlay and the other part was R-6 and a portion of the Post Office Trail runs through the property and currently no easement for the trail; the trail connects the Post Office and Clarks Market area with the Red Brick. Garrow said the lot was 16,580 square feet with an existing single family residence of 3,233square feet. At the base of the L there were steep slopes so with the slope reduction the lot was 12,435 square feet. Garrow said the split zoning on the parcel was believed to be a result of the original town site boundary which crosses the property at approximately the same place where that split zoning is located. Staff is recommending approval of this application. In order to remove the SPA it must be found that this parcel is residential in nature both in terms of the existing residence and does not look commercial. The neighborhood context is residential and the access to the property is residential. Garrow said the rezoning was to eliminate the split zoning and have the entire parcel zoned R-6. R-6 zoning is consistent with the adjacent parcels and neighborhood. Staff recommends approval of the rezoning because it creates a more consistent development pattern in the area. Garrow said the PUD was requested to establish dimensional requirements for the property and create an easement for that Post Office Trail. To create a PUD there must be a public benefit to the project and staff believes that the easement and eliminating the ability to include commercial uses on this property is a benefit. Garrow said without a PUD the rezoning would create a non -conforming building in terms of the side yard setbacks. Staff proposed the combined side yard setback requirement be 15 feet with a minimum of 5 feet on each side. The rear yard setback based off of the top of slope. The applicant suggested the top of slope be the rear yard setback but the Parks Department suggested a 5 foot setback off of that top of slope line to insure the slope and vegetation are protected. Garrow said that there was no mention of an alley in the title work or an alley vacation. Garrow said staff will ask City Council for a vacation of any alley that may or may not exist on the property. 5 Regular Meeting Aspen Plannine and Zonine April 21, 2009 Erspamer asked if there were any TDRs planned for this property. Garrow replied there was no TDR applied for and is not included in the PUD. Patrick Rawley, represents the applicant, stated they have come in for rezoning and PUD. Rawley said the current portion of the property that was R-6 was about 5400 square feet and the rear portion was about 7,000 square feet zoned SCI with the steep slopes and the Post Office Trail. The existing house was about 3200 square feet which will not be altered in any way; the driveway access off of Hallam will remain the same. Rawley said the existing and proposed side yard setbacks are 5 feet on the western boundary and 10 feet on the eastern boundary consistent with neighboring properties; the front yard setback would remain the same as 10 foot. Rawley said they proposed 2 easements; for the Post Office Trail, a 10 foot easement on either side of the trail and the second would be a conservation easement to the top of the slope (on the slope). There would be an addition of 633 square feet that would result in the rezoning from SCI to R-6. LJ Erspamer asked the City's position on the rear setback. Jessica Garrow replied the conservation easement would be on the slope so R-6 zone district requires a 10 foot setback for principal structures. Mike Wampler asked how far back or close to the edge could this house be. Garrow said the applicant was proposing at the top of slope the 82 foot contour be the rear setback. Garrow said that staff proposed 5 feet off of that slope so there would be an additional protection of that slope. Erspamer asked if a free standing ADU could be placed on the property. Garrow replied yes. Cliff Weiss asked if a deck or patio could be built into the setback. Jessica Garrow replied that 18 inches of overhangs were allowed and not more than 3 inches above or below grade. PUBLIC COMMENTS: Ryan Pardu said that he representing Vickie and Dan Walters who own 216 E Hallam to the west of the property in question. Pardu said that if any additional structures are built on the 222 E Hallam property the Walters would like a 10 foot setback from their property. Stan Gibbs asked if there was development in the back of the 216 E Hallam house. Ryan Pardu replied that he was not sure. Stan Clauson said the 216 E Hallam was the former Mona Frost property and it consisted of a front house, a Victorian resource, and a rear barn structure that was redeveloped as a carriage house. Clauson said the front house had new construction next to it. Garrow said there Reeular Meetine Aspen Plannine and Zoning April 21.2009 was a 5 foot setback on the 222 E Hallam property. Garrow said they were trying to make this PUD as consistent with the R-6 Zone District. Staff doesn't support any specific setbacks other than combined 15 with a minimum of 5 on each side for future development or addition. Weiss said that it was not spelled out that the property was getting an additional 633 square feet and the map was not current. Weiss stated that he did not want to see a structure within 5 foot of that setback; he wanted a 15 foot setback. Mike Wampler voiced concern over the size of the house in the PUD; they currently have 3,233 square feet and want an increase to 3,866 square feet. Wampler said he did not want to see the house expanded. Weiss asked the distance from the current existing house to the top of slope. Rawley replied the rear of the garage was 60 feet from the top of slope and the rear setback would be 31 feet from the property line. Clausen said there was no intent to deceive and the application clearly states that the gain of the applicant is 633 square feet of floor area. Clauson said the trail ran along almost the entire back portion of the property and the Parks Department likes to have a proper easement for any trails with an additional amount of width for maintenance work. Clauson said that a 5 foot setback from the top of slope would be acceptable. Gibbs said that if the setback were 10 feet from top of slope he would be willing to allow the side yard setbacks as proposed. MOTION: Cliff Weiss moved to approve Resolution 007-09approving the PUD, rezoning and removing the SPA for 222 E Hallam with the following changes in conditions from 10 feet from the top of slope or 42 feet from the rear property line; seconded by Mike Wampler. Roll call: Gibbs, yes; Wampler, no; Weiss, yes; Erspamer, yes; APPROVED 3-1. PUBLIC HEARING: CODE AMENDMENT - HISTORIC DISTRICTS — HPC PURVIEW IN THE RIGHT OF WAY LJ Erspamer opened the public hearing. Sara Adams provided Special Counsel with the approval of public notice. Adams explained there were 2 historic districts in town: the Main Street and Commercial Core that were established in the mid 1970's. Adams looked into the review process for decisions in the right of way in these historic districts and realized that it was not that clear. 7 Lot 4, Trueman Neighborhood Commercial Project I Ir..Jft�orl Dnrnnl r fi III nn inn �ubvc':n-ap rcd of\ I (.6v�- i, OwoCk -i-Il {S MIN \�cal;w IlWhalia, I;y O C..-r z h 0,4:063-3 V't \R ;r STAN CLAUSON ASSOCIATESINc ' landscape architecture. planning. resort design Memo A yn North Mill Street info�scaplanning.com To: Jessica Garrow, AICP, City of Aspen Long Range Planner Aspen, Colorado 816as t.970/925 2323 f-9701920-2628 www.scaplanning.com From: Patrick Rowley, Stan Clauson Associates, Inc. CC: Joseph Amato, Stan Clauson Date: 10 April 2009 Re: 222 E. Hallam Street (Lots K & L, Block 71 and Portion of Lot 4) / Application for Rezoning Regarding our application on behalf of Joseph Amato, owner of property located at 222 E Hallam Street, Aspen (the Amato Property), we do not believe that an alley vacation is not required as a part of the application for rezoning of the Amato Property. While Community Development has indicated that early plats suggest that a portion of a public alley was platted for the Amato property, to date Community Development has been unable to definitively ascertain whether an alley indeed affects the Amato Property. Community Development has further been unable to definitively show that any previous alley vacation ordinances have impacted the Amato Property, even though new structures were constructed on the supposed alley location in 1991 with appropriate permits and no current plats or improvement surveys reflect the presence of a vacated or unvacated public right-of-way. Community Development has requested that SCA review previous land use applications and related files in order to clarify whether an alley vacation has impacted the Amato Property. SCA acted as applicant representative on the Frost property rezoning, the property immediately to the west of the Amato Property. Upon review of the application, background files, and related approval ordinances for the Frost application, SCA has found that an alley vacation was pursued and ultimately granted by Ordinance 20, series 2002. The ordinance approving the alley vacation refers to Lots D and E and Lots N and O (aka lots H and I) of block 71. By this description, it appears that the alley vacation was restricted to the Frost Property and no mention of other lots, including the Amato Property, was made. SCA believes that an alley vacation is not required due to the follow reasons: The City of Aspen approved a building permit in 1991 for the construction of the house which currently stands on the Amato Property. No mention or e)lp6cit requirement was made at that time by the City for vacating an alley. • An update of title commitment, obtained by SCA prior to initiating the current application, does not reference any alley encumbering the Amato Property. • Jim Reser, Registered Land Surveyor, LS. 9784, has prepared an updated improvement survey, dated 7 January 2009, of the Amato property which does not reference an alley, vacated or otherwise, on the Amato Property. • A review of the legal description for the Amato Property shows that the description contains the phase, "Together with that part of vacated alley in Block 71 adjacent (emphasis added) to subject property." This phrase is interpreted to mean that the legal description is using the Frost alley vacation as a boundary of the Amato property. The small triangle of land shown on the Willets map is not repeated in any later documents and, in itself, does not represent any form of alley or public right-of- way sufficient for public use. We believe that it was an exlrapolation of the intention of the Alley Block 71, but was never carried forward as a true right-of- way because subsequent annexations did not take place in a manner conforming to the original Aspen Townsite grid. We would gladly discuss these findings with Community Development in greater detail. While the question of an alley vacation is not required to be definitively answered by the time of our 21 April 2009 Planning and Zoning Commission hearing, the question of additional available floor area created by the rezoning should be. For the reasons outlined above, we request that the floor area calculation not consider a potential or existing alley vacation and the associated floor area reduction that would result from such action. Fiease note hat every effort is made to pOvide accurate and complete intommation. The findings wi tiro his ana'.ysa are based on our best understanding of the client's intent and our understanding of land use code prop lions that address those intentions. No warranty is expressed or implied as to the suifabiuty or accuracy of ibis information. This analysis must be confirmed through a format Pre-appl}cation Conference with public agency staff. Stan clauson Associates, Inc. shot! not be respomrbte for any co: sequenfat da•rrages, a^sing from cny seNke or octton pado=ed. 0 Page 2 � ENV+ r ` STANI r; L AITS0N A. S S 0 G € AT ES iviG landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 -• ���'-, info@scaplanning.com www.scaplanning.com .7 14 April 2009 Ms. Jessica Garrow, AICP Long Range Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: 222 E. Hallam Street / Application Addendum for PUD Dear Jessica: On behalf of the applicant, Joseph A. Amato, we are providing the following Addendum in to our application for rezoning of a portion of the referenced property from SCl/SPA to R-6, Medium Density Residential. The intent of this Addendum is to incorporate a Planned Unit Development )PUD) approval to provide for appropriate setbacks and floor area within the rezoned parcel. It is our understanding that the Community Development Director has given approval for the applicant to pursue a PUD as part of our original application. Attached to this letter are the following documents: 1. Code Response to Section 26.445.50, Review standards: conceptual, final, consolidated and minor PUD; 2. Response to Section 26.445.40 General provisions, outlining the dimensional limitations of the R-6 zone district applicant wishes to vary through the PUD; 3. Proposed site plan for the Amato PUD. The front portion of the subject parcel which abuts Hallam Street is located in the R-6, Medium Density Residential zone district of the City of Aspen. This portion lies within the boundaries of the original town site of Aspen. The front portion consists of 5,410 SF. The rear portion of the subject parcel is located in the SCI, Service Commercial Industrial zone district with a SPA overlay. The rear portion consists of 11,170 SF. The application seeks to eliminate the SCI zoning and remove the SPA overlay on the 11,170 SF portion of the lot and rezone to R-6, as no commercial activity is contemplated for this portion of the property and the applicant is seeking reasonable residential use of the property. Additionally, the applicant is requesting a PUD for the parcel to maintain the current side yard setbacks of 10 feet on the eastern side yard and 5 feet on the western side yard, in order to avoid any non -conformity for the existing structure and provide a rational area for any future development. Maintaining current side yard setbacks also maintains consistency with neighboring properties. The applicant proposes to grant two easements to the City of Aspen as a part of the request for PUD. The first easement will provide an easement ten (10') from the trail centerline for the portion of the Post Office Trail that crosses the Amato property, as measured from the center s a'' Ms. Jessica Garrow, AICP 14 April 2009 Page Two line of the trail, for purposes of protecting the trail and to provide access for general maintenance. Applicant proposes to grant a second conservation easement to the City from the rear property line to top of slope to provide additional visual protection to the Post Office trail. Projections of possible structures and site work into the second easement will be restricted and any landscaping of the easement will be in accordance with the City of Aspen Parks Department requirements. Please contact us with any questions. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. Attachments Sec. 26.445.50. Review standards: conceptual, final, consolidated and minor PUD A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. No new development is proposed with the current application for PUD. The application for PUD is made concurrently with an application to rezone a portion of the rear of the property from SCl/SPA to R-6 to conform to the remainder of the property zoned R-6. A single-family house is located on the portion of the property zoned R-6 and portions of the property zoned SCI. This residence is expected to remain unchanged. Limited additional floor area will be derived with the rezoning, totaling 633 SF. It is intended that this additional floor area would be used to create an Accessory Dwelling Unit. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area The proposed residential development will be consistent with the character of the existing land uses in the surrounding area. The front portions upper bench of the property fronting on Hallam Street is located in the R-6, Medium Density Residential District. Its residential use is consistent with other properties fronting on Hallam Street. The current SCI zoning to the rear of the property is inconsistent with the residential uses on Hallam Street and has no practical connectivity with the SCI uses of the Trueman SPA on the lower bench. The PUD will allow the standard R-6 setbacks to be maintained on the front portion of the property and ensure that no non -conformities are created. 3. The proposed development shall not adversely affect the future development of the surrounding area The proposed PUD shall not adversely affect the future development of the surrounding area. The application for PUD is made concurrently with an application to rezone a portion of the rear of the properly from SCl/SPA to R-6 to conform with the remainder of the property and adjacent land use patterns. The proposed PUD will provide for front and side setbacks consistent with the residential neighborhood along Hallam Street and a rear setback that will protect steep slopes along the Post Office Trail. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS or GMQS allotments are available to accommodate the proposed development and will be considered prior to or in combination with, final PUD development plan review. No GMQS allotments are required with the proposed PUD, as the current residence will remain on the property and occupied. Any future development will utilize the 633 PUD Review Standards Page 1 SF additional floor area derived from rezoning the rear portion of the property from SCl/SPA to R-6. S. Establishment of dimensional requirements: The final PUD development plans shall establish the dimensional requirements for aU properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone District shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the foUowing influences on the property: a. The character of and compatibility with, existing and expected future land use in the surrounding area The proposed dimensional requirements for the subject property will be of the character and compatible with the existing and future land use in the surrounding area. The lot area for calculating residential floor area will be increased through rezoning the rear portion of the property from SCl/SPA to R-6. The actual resulting increase in residential floor area is quite small, amounting to 633 SF. The front and side setbacks will remain unchanged from the existing setbacks. The rear setback will be increased by approximately 33 feet through the granting of a conservation easement to the City for protection of the trail that runs behind the property. No development is currently considered that would affect site coverage, maximum height, minimum distance between detached buildings on the lot, and percent of open space for building site. b. Natural or man-made hazards. While no known natural or man-made hazards exist on the subject properly, the proposed additional rear setback requirement and conservation easement will ensure that all development is situated away from the steeper sections of the property. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade and significant vegetation and landforms. The proposed dimensional requirements for the subject property are appropriate and compatible with existing natural characteristics of the property and surround areas such as steep slopes, waterways, shade and significant vegetation and landforms. The rear setback will be the top of slope. Applicant proposes to limit intrusion into the sloped area by requiring vertical excavations, limiting structural projections into the slope area, and adhering to landscape restrictions made by the City of Aspen Parks Department. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. PUD Review Standards Page 2 The proposed dimensional requirements for the subject property are similar to those of other properties along Hallam Street. They are appropriate and compatible with the existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking and historical resources. 2. The proposed dimensional requirements permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area The proposed dimensional requirements for the subject property permit a scale, massing and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. No development is currently considered that would alter the existing scale, massing and quantity of open space and site coverage of the subject parcel. The dimensional requirements will be compatible to the surrounding area. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any nonresidential land uses. The probable number of cars used by those using the existing residential use will not increase due to the current application. No nonresidential land uses are contemplated. b. The varying time periods of use, whenever joint use of common parking is proposed. No joint or common parking is required. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. The proposed PUD is for one residential property. Availability of public transit, other transportation facilities, including pedestrian access will not be impacted in any way by the proposed PUD. The proposed PUD is not of sufficient scope to merit a program that would disincentivize automobile usage. The location of the proposed PUD is within walking distance of commercial facilities and the commercial core. It is served by pedestrian/bicycle trails and is within walking distance of transit. d. The proximity of the proposed development to the commercial core and general activity centers in the City. PUD Review Standards Page 3 The proposed PUD is for a residential property that is located partially within the original Aspen Townsite, and is in close proximity to the commercial core and general activity centers in the City. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities or other utilities to service the proposed development. Water pressure, drainage capabilities, or other utilities servicing the proposed PUD are sufficient and the proposed PUD will not adversely impact current infrastructure capabilities. b. There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development. Adequate roads for fire protection, snow removal, and road maintenance exist. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. No known instability or mudflow, rock falls, or avalanche dangers exist on the subject parcel. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution. The subject parcel does not represent a detriment to the natural watershed, due to runoff, drainage, soil erosion, or consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. The subject parcel will not have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway or trail in the proposed development is not compatible with the terrain or cause harmful disturbances to critical natural features of the site. Any future modifications to the existing residential structure will be in conformance to Residential Design Guidelines. The current driveway entry from Haliam Street would not be changed. The existing Post Office Trail will be protected with a new trail easement. The existing structure, driveway, and trail are not located on incompatible terrain nor do they cause harmful disturbance to critical natural features of the site. PUD Review Standards Page 4 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased: a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. Easements are proposed to be granted to the City of Aspen for protection of the existing trail and the adjacent steep slopes. The trail easement will provide greater clarity for all parties than the brief plat note originally incorporated in the Trueman SPA plat. Based on discussions with City of Aspen Parks Department, this easement is proposed to be 10' from the existing centerline of the trail where it crosses the subject property. A second easement is proposed to be granted to the City for a conservation easement located on the sloped areas of the parcel above the Post Office Trail to provide further protection for the trail experience. Activity will not encroach upon the conservation easement and any landscaping will be performed in conformance to requirements set by the City of Aspen Parks Department. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in Subparagraph 4 and 5, above, those areas can be avoided or those characteristics mitigated. An Accessory Dwelling Unit is not considered to be a unit of density. However, the subject site can accommodate additional density allowed by the potential increase in lot area. No negative physical characteristics of the site, as identified above, exist on the subject parcel. c. The increase in maximum density results in a development pattern compatible with and complimentary to, the surrounding existing and expected development pattern, land uses and characteristics. Notes: a. lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. The PUD does not contemplate an increase in density. The proposed PUD is for a residential lot which conforms to the adjacent residential uses. PUD Review Standards Page 5 C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces and ensured the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town are preserved or enhanced in an appropriate manner. No natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past or contribute to the identity of the town exist on the subject parcel. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Structures will be clustered appropriately to preserve significant open space and vistas in conformance with the regulations stipulated by the R-6 zone district and any other applicable codes. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate and provide visual interest and engagement of vehicular and pedestrian movement. The existing structure is appropriately oriented to the public street and contributes to the urban context, provides visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. The existing site is appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. Adequate pedestrian and handicapped access is provided as required by applicable codes. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Site drainage is accommodated for any new development will be in conformance to applicable codes and will not negatively impact surrounding properties. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. No nonresidential uses are contemplated on the subject parcel. PUD Review Standards Page 6 D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the City, with surrounding parcels and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well -designated treatment of exterior spaces, preserves existing significant vegetation and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. No changes are contemplated to the existing landscape as part of this application. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. No changes are contemplated to the existing natural or man-made features of the site. Protection will be provided to sloped areas through the provision of a Conservation Easement. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Any new development will employ appropriate protection for existing vegetation in conformance with City of Aspen codes. E. Architectural character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for an indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. No new development is proposed as part of this application. Any new development will be in conformance with City of Aspen Residential Design Standards. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less -intensive mechanical systems. No new development is proposed with the current application for PUD. Any future development will be consistent with City of Aspen energy codes and other restriction of the zone district. 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. No new development is proposed with the current application for PUD. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: PUD Review Standards Page 7 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. No new development is proposed with the current application for PUD. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up -lighting of site features, buildings, landscape elements and fighting to call inordinate attention to the property is prohibited for residential development No new development is proposed with the current application for PUD. Any future development will conform to City of Aspen lighting standards. G. Common park, open space or recreation area. If the proposed development includes a common park, open space or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location and design of the common park, open space or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form and is available to the mutual benefit of the various land uses and property users of the PUD. There is no common park or recreation area is not contemplated or appropriate for the proposed PUD. Open space protection will be provided for the sloped areas abutting the Post Office Trail through the execution of a Conservation Easement. 2. A proportionate, undivided interest in all common park and recreation areas is deed in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. This provision does not apply to the proposed PUD. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial or industrial development A Conservation Easement will be provided for protection of the steep slope areas as open space. H. Utilities and public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development PUD Review Standards Page 8 Adequate public infrastructure facilities exist to accommodate the proposed PUD. 2. Adverse impacts on public infrastructure by the development will be mitigated by necessary improvements at the sole cost of the developer. No adverse impact on public infrastructure will be made by the proposed PUD. 3. Oversized utilities, public facilities or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement No oversized utilities, public facilities or site improvements are required to be provided. L Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way or other area dedicated to public or private use. The existing structure located within the proposed PUD has direct access to a public street, and indirect access to pedestrian and recreational trail facilities. 2. The proposed development, vehicular access points and parking arrangement do not create traffic congestion on the roads, surrounding the proposed development or such surrounding roads are proposed to be improved to accommodate the development The existing structure, vehicular access points, and parking arrangement will not create traffic congestion on the roads. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to the bicycle and pedestrian trail system and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Easements are proposed to be granted to the City of Aspen for purposes of providing for a more substantial easement for the trail that passes to the rear of the property, a portion of which crosses the extreme northwestern comer of the subject parcel. Based on discussions with City of Aspen Parks Department, this easement is proposed to be 10' from the centerline of the trail on either side of the trail for those portions of the trail and easement area that are on the subject property. A second easement is proposed to be granted to the City for a conservation easement located on the sloped portion of the parcel to provide further protection of the trail. Activity will not encroach upon the conservation PUD Review Standards Page 9 easement and any landscaping will be performed in conformance to regulations set by the City of Aspen Parks Department. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle and cycle paths and transportation are proposed to be implemented in an appropriate manner. All recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle and cycle paths and transportation will be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. No sheets are proposed within the proposed PUD. 6. Security gates, guard posts or other entryway expressions for the PUD or for lots within the PUD, are minimized to the extent practical No security gates, guard posts, or other entryway expressions are proposed for the PUD. I Phasing of development plan. The purpose of this criterion is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shaU comply with the following. 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. Phasing is not contemplated for the proposed PUD. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. Phasing is not contemplated for the proposed PUD. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fee-in-Ueu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase (Ord. No. 12,2007, § 24) Phasing is not contemplated for the proposed PUD. PUD Review Standards Page 10 Sec 26.445.040 General Provisions for the PUD C. Dimensional requirements. The following dimensional requirements shall be established with the adoption of a final PUD development plan. The underlying zone district shall be used as a guide in determining the appropriate dimension for each provision. The final development plan shall clearly define all dimensional requirements for each lot within the PUD. In the absence of a final development plan, a single detached or duplex residential dwelling, if listed as a permitted use in the underlying zoning, may be developed in conformance with the provisions of the underlying Zone District. 1. Minimum lot size. Per code for the R-6 zone district. 2. Minimum lot area per dwelling unit. Per code for the R-6 zone district. 3. Maximum allowable density. Per code for the R-6 zone district. 4. Minimum lot width. Per code for the R-6 zone district 5. Minimum front yard. Per code for the R-6 zone district. 6. Minimum side yard. a. West side yard setback to be five (5' ) feet. b. East side yard setback to be ten (10' ) feet. 7. Minimum rear yard. a. Rear yard setback shall be equal to the top of slope following the "82" contour line as referenced on the Improvement Survey, or approximately 33 feet. b. A conservation easement shall be granted to the City of Aspen for protection of the rear set back area as open space. c. A trail easement shall be granted to the City for the Post Office Trail which runs through a portion of the property near the northerly property line. 8. Maximum site coverage. Per code for the R-6 zone district. PUD General Provisions Page 1 9. Maximum height (including view planes). Per code for the R-6 zone district. 10. Minimum distance between detached buildings on the lot. Per code for the R-6 zone district. 11. Minimum percent open space required for the building site. Per code for the R-6 zone district. 12. Trash access area. Not applicable in the R-6 zone district. 13. Allowable floor area. The allowable floor area shall be 3,866 SF. (Following rezoning of the SCI portions of the parcel and the steep slope reductions, the total lot area will be 12,435 SF. Per the underlying zone district limitations, allowable floor area for a single-family residence for a 12,435 SF lot would be 3,866 SF.) 14. Minimum off-street parlung spaces. Per code for the R-6 zone district. 15. Other dimensions determined necessary to establish through the PUD process. None required. PUD General Provisions Page 2 [C 1 Mph 09 1 > Amato PUD Plan on RevWs: snen. _E_)Kib& Kara 't7 ,i� ;;. tg,)�I, ;;I i-t, , la n dsca pe architec(ureplan n in g. r c sort design 412 North Mill Street Aspen, Colorado 816ti t. 970/925 2323 f. 970/9201628 inlo@scaplanning.com wwv scap!anning.com 27 May 2009 Ms. Jessica Garrow, AICP Community Development Dept. City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: 222 E. Hallam ( Transferable Development Rights Receiver Site Designation Dear Jessica: Stan Clauson Associates, Inc. represents Joseph A. Amato (the "Applicant") in connection with on application for rezoning to R-6 those portions of his residential property currently zoned SCI and the creation of Planned Unit Development (PUD) for property located at 222 E. Hallam Street (the "Property"). Conceptual Planning and Zoning approval was granted to the Applicant on 21 April 2009 by Resolution No. 007 (Series of 2009). On behalf of the Applicant, Stan Clauson Associates requests that the application be amended to include specific authorization for the property as a Transferable Development Right (TDR) Receiver Site, pursuant to Chapter 26.530 of the City of Aspen Land Use Code. The underlying zoning district for the proposed PUD on the Property is Medium -Density Residential, R-6, which permits the exiinguishlmeni of TDRs. In conformance with the R-6 zone district, we request that each residence on the Property, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. Each TDR will represent two hundred and fifty (250) square feet of floor area. Please do not hesitate to contact me with any questions. Very truly yours, C - . Stan Clauson STAN CLAUSON ASSOCIATES, INC. Cc: Joseph A. Amato (via electronic mail) V11%b MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development DirectoOAM RE: Lodge at Aspen Mountain Master Plan Determination of COWOP Review Eligibility — Public Hearing Resolution No.45 Series of 2009 DATE: July 13, 2009 SUMMARY: Aspen Land Fund II (Centurion Partners), Roaring Fork Mountain Lodge — Aspen, the Aspen Skiing Company, and the City of Aspen were recently co -applicants to develop a Master Plan for the Lift One Neighborhood. After a long series of task force meetings, a development proposal was recommended and reviewed by City Council. City Council did not approve the master plan and that process has since been terminated after Roaring Fork Mountain Lodge formally withdrew. Although one party withdrew from the process, the neighborhood continues to be a very important area in the evolution of lift -served skiing in Aspen. Determining the appropriate uses and manner for development to occur on lands surrounding the base of Lift IA and South Aspen Street is a community -wide issue. Initiating a new COWOP is the most -expedient way to continue the discussion of the previous master plan concepts. Centurion Partners is requesting to continue with the COWOP process. Because the former COWOP process was officially terminated, the only way to proceed is to initiate a "new" COWOP. The Aspen Skiing Company is a party to the request and has included their lands at the base of Lift IA. The City of Aspen is also a party to the request (subject to City Council initiation of the COWOP). The City's lands include the public rights -of - way; both opened currently as streets and platted unopened streets and alleys. (Please see maps of the master plan boundaries attached as Exhibit A.) Staff believes the future of the base of Lift 1 continues to be an important community - wide topic. While the current economic climate may not produce substantial reinvestment in the near term, this area will be redeveloped. Staff also continues to believe that the currently vested "townhomes plan" does not provide significant benefit to either the resort or the community aspects of Aspen. Staff believes that a discussion of the merits of the previous master planning effort is valuable and that a thorough vetting of redevelopment options by use of the COWOP process is in the community's interest. Staff recommends City Council determine this project eligible for COWOP review. Staff recommends adoption of the proposed Resolution. 1 WHY A COWOP REVIEW? A Master Plan for these lands could assist or result in enhanced access to lift -served skiing on Aspen Mountain, lodging facilities that meet the needs of the community, affordable housing units that serve the needs of the community, improved vehicular, pedestrian and emergency vehicle access, the development of public parking, the development of a ground source energy system, and a museum focused on the evolution of skiing in Aspen. In particular, preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to lift -served skiing, housing the workforce, and energy efficiency are stated community goals that could be addressed through development of these properties. The City's involvement as a party is important because public rights -of -way in the planning area are managed by the City of Aspen. The COWOP process involves a diverse task force including neighbors of the project, persons with special interest in the property, and the general public. This type of process can enable the type of open community dialogue needed to determine the future vision for the base of Lift 1 A. ARGUMENTS AGAINST A COWOP REVIEW: Last Summer's effort to develop a master plan included all properties along South Aspen Street. Involving all properties enabled a more -cohesive proposal with all (or most) amenities within the project boundaries and fully under the control of the master planning parties. The departure of the Roaring Fork Mountain Lodge properties limits the ability of the remaining parties to perfect some of the community amenities such as the ski museum, public parking, and the surface ski lift. While the project could still include significant public benefit, the project is closer to a "standard" land use application that it was when all land owners were involved. The result of the Lodge at Aspen Mountain Master Plan could, however, create certain obligations to participate in these larger neighborhood issues and community aspirations and the approval could be conditioned upon these items coming to fruition. WHAT'S NEXT? If the master planning effort is determined eligible, the next step would include convening the COWOP task force team for a series of meetings to create the development program and plan. Staff has advertised in the newspapers for Citizen volunteers and City Council would need to select appropriate candidates. This is tentatively scheduled for July 20`n The task force team's work culminates in a formal recommendation to Council and a development analysis prepared by the Community Development Staff. All meetings of the task force are open to the public. Final action on the development proposal would be undertaken by the City Council by ordinance. Legal notice, mailing to neighbors and posting is required. It is anticipated 2 that the process would be complete by the end of September. The recommended process, task team membership, and proposed timeframe are included in the proposed resolution. If the project is not determined eligible for COWOP, then the "Townhomes" project would continue to be reviewed by the Building Department and upon issuance of a building permit could be developed by Centurion Partners. In the alternative, Centurion Partners could submit a new land use application for development of a lodge. This option could take a year or two for complete review. The applicant has indicated that this is an unlikely scenario. THE PROPERTIES: The subject lands are those adjacent and west of South Aspen Street south of Dean Street, including the rights -of -way themselves but not including Shadow Mountain Condominiums. Exhibit A includes several maps that depict the area of this master plan. The proposed resolution includes the legal descriptions of these lands. COST SHARING: The previous master planning effort included an agreement to share costs of master planning. The City did not charge for planning staff time and contributed significant funds towards the joint effort. Joint planning costs covered such items as site planning, technical experts for lift operations, financial matters, a professional facilitator, etc. The proposed resolution does not obligate the City to share costs of the planning effort. However, it does waive planning review fees. City Council will need to decide if planning fees should be waived for this review. APPLICANTS: 1. Aspen Land Fund II, LLC (Centurion Partners). Represented by John Sarpa. 2. Aspen Skiing Company. Represented by David Bellack 3. The City of Aspen. RECOMMENDATION: Staff recommends City Council determine the Lodge at Aspen Mountain Master Planning effort eligible for the City's COWOP process. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve Resolution No. 45, Series of 2009, initiating the Lodge at Aspen Mountain Master Plan COWOP review process." ATTACHMENTS: Proposed Resolution No. U1, Series of 2009 Exhibit A — Maps of Master Planning Area Exhibit B — COWOP Eligibility Review Criteria and Staff Comments Exhibit C — Proposed Process Outline and Timeline Exhibit D — Application 3 RESOLUTION No. 4 5 (SERIES OF 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE "LODGE AT ASPEN MOUNTAIN MASTER PLAN" ELIGIBLE AS A PROJECT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) ON PROPERTY LOCATED GENERALLY SOUTH OF DEANE STREET AND WEST OF SOUTH ASPEN STREET OWNED BY ASPEN LAND FUND II, LLC, THE ASPEN SKIING COMPANY, MARY K. BARBEE, AND THE CITY OF ASPEN, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, LLC (also known as Centurion Partners LLC); the Aspen Skiing Company; and the Aspen City Manager on behalf of the City of Aspen, for a determination of eligibility for a project, known as the Lodge at Aspen Mountain Master Plan, reasonably necessary for the convenience and welfare of the public (COWOP) for a redevelopment of certain lands owned by the applicants for the purpose of providing improved access to and enhanced lift -served skiing on Aspen Mountain, developing or redeveloping public streets and recreational facilities and improved pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, the development of public facilities and infrastructure, non- traditional energy sources such as ground source energy systems, public transportation improvements, commercial, lodging and free-market residential uses, and the development of affordable housing by the private sector in conjunction with the City; and WHEREAS, the City of Aspen manages public rights -of -way in the Master Plan area including South Aspen Street south of Deane Street, unvacated portions of Deane Street west of South Aspen Street, Juan Street between South Aspen Street and Garmisch Street, and Garmisch Street from Juan Street to Durant Avenue; and WHEREAS, the legal descriptions of the lands within the Master Plan area are attached hereto as Exhibit A and made a part hereof by this reference; and WHEREAS, pursuant to Section 26.500.010 et. seq. 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 set forth in Section 26.500.040 following a duly noticed public hearing after taking and considering comments from the general public and a recommendation from the Community Development Director; and WHEREAS, the Community Development Director has determined that the Lodge at Aspen Mountain Master Plan may be eligible for consideration as a project reasonably necessary for the convenience and welfare of the public, has submitted a memorandum to the City Council in compliance with the procedural requirements of Section 26.500.050, and has notified in writing the Planning and Zoning Commission and the Aspen/Pitkin County Housing Authority of Resolution No. , Series 2009 Page 1 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 City Council has reviewed and considered the Lodge at Aspen Mountain Master Plan eligibility proposal under the applicable provisions of the Land Use 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 proposed development meets or exceeds the Standards for Determination, Section 26.500.040, for the following reasons: 1. The Master Plan could provide improved access to and enhanced lift -served skiing on Aspen Mountain, lodging facilities that meet the needs of the community, affordable housing serving the needs of the community, improved pedestrian, vehicular and emergency vehicle access, the development or redevelopment of public streets and public parking, the development of other public facilities and infrastructure, the development of non-traditional energy sources such as ground source energy systems, public transportation improvements, an innovative approach to the management of construction activities and impacts, and provision for ongoing maintenance and operation of the area's infrastructure; 2. Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to and the enhancement of lift - served skiing, housing the workforce, and energy efficiency are stated community goals that could be effectively addressed through the Master Plan of this area; 3. Portions of the subject area are owned or maintained by the City of Aspen and the Master Plan could permit an advantageous redevelopment and/or disposition of those properties; 4. Pursuant to Resolution No. 13 (Series of 2008), the City Council previously established a COWOP Task Force Team to develop a Master Plan for the "Lift One Neighborhood", which included the lands that are the subject of the current Master Plan together with certain additional lands lying easterly of South Aspen Street owned by Roaring Fork Mountain Lodge — Aspen, LLC ("Roaring Fork"). The Lift One Neighborhood Master Plan COWOP Task Force Team met for between 3 and 7 hours at each of 26 meetings from April 10, 2008 through October 2, 2008 to consider project goals, constraints, concepts, and development scenarios, and the progress of the Task Force was presented to numerous public bodies and forums throughout the COWOP review period. 5. The COWOP Task Force ultimately determined that the Lift One Neighborhood Master Plan would provide substantial benefits to the community and recommended adoption of the Master Plan by a vote of 19-1 (and one neutral) at the final Task Force meeting on October 2, 2008. The Planning and Zoning Commission, following a series of public hearings during August, September and October of 2008, also recommended adoption of the Master Plan by a vote of 6-0. The Community Development Director then reviewed the recommendations of the Task Force and of the Planning and Zoning Commission, together with the requirements of the Resolution No. , Series 2009 Page 2 Land Use Code, and recommended that the City Council adopt a proposed Ordinance granting all necessary land use approvals for the establishment of a Development Order for the Lift One Neighborhood Master Plan. 6. Following careful consideration of the Lift One Neighborhood Master Plan at a series of public meetings, on January 14, 2009 the City Council voted 2-2 on a motion to approve the proposed Ordinance, resulting in a failed motion. The principal concern with the Master Plan expressed by the dissenting Council members and by certain members of the public was the mass and scale of the Lodge at Aspen Mountain component of the Master Plan. On June 10, 2009 Roaring Fork terminated the Lift One Neighborhood Master Plan COWOP in order to pursue independently its original PUD application for the development of the Lift One Lodge property. 7. On March 6, 2009, Centurion Partners hosted a meeting at the Aspen Square Hotel conference room with interested members of the public to discuss the issues of building scale/mass and hotel room affordability as related to the proposed Lodge at Aspen Mountain project. Throughout the meeting, members of the audience had the opportunity to ask questions and to express their views regarding how the project might be revised to address concerns about scale/mass and affordability. 8. In response to the feedback received at that meeting, Centurion Partners has made substantial changes to the mass and scale of the Lodge at Aspen Mountain project, resulting in revisions to its development program including (i) the separation of the mass of the original lodge structure, and (ii) a reduction in the size of the project and its hotel rooms and free market residential units. 9. On May 27 and on June 10, 2009, Centurion Partners hosted further meetings at the Limelight Lodge conference room to present to interested members of the public two options for reducing the overall scale/mass of the Lodge at Aspen Mountain project, as well as a proposed scenario whereby a number of hotel rooms could be priced differently in order to make them more widely affordable. Members of the audience had the opportunity to ask questions and to express their views regarding the new design options and the hotel room pricing scenario. Numerous attendees stated their opinion that the new design options represent meaningful reductions in the scale/mass of the project. 10. The Lift One Neighborhood Master Plan, which had widespread Task Force and other community support, contained numerous elements that were considered to be of substantial benefit to the Aspen community. The Lodge at Aspen Mountain Master Plan proposes to implement all of those community benefits lying within the new Master Plan area, including without limitation the integrated redevelopment of the lands within the new Master Plan area, the relocation and development of a new high speed ski lift in place of existing Lift 1 A, the realignment and redevelopment of South Aspen Street and the establishment of a cul-de-sac at the southerly terminus thereof, various improvements to Juan and South Garmisch Streets, the provision of public parking, the provision of public ski lockers, the provision of improved Resolution No. , Series 2009 Page 3 neighborhood transportation, and the provision of affordable housing mitigation for 100 percent of the employees generated by the Lodge at Aspen Mountain project. 11. The proposed Lodge at Aspen Mountain Master Plan may also provide an opportunity to implement other community benefits identified in the original Lift One Neighborhood Master Plan lying outside of the new Master Plan area. As was the case in the previous Master Plan, Centurion Partners is prepared to financially contribute its proportionate share of the cost of implementing such identified community benefits as may be developed in that area. Further, Centurion Partners proposes to realign portions of South Aspen Street, which may also facilitate the accomplishment of certain of those additional community benefits. 12. The proposed Lodge at Aspen Mountain Master Plan process will not only preserve and cause the implementation of the community benefits in the new Master Plan area that were identified and recommended by the earlier COWOP Master Plan, it may contribute to the implementation of other community benefits identified in that earlier Master Plan, and it will create a COWOP Task Force Team that will include landowners, neighbors, and members of public bodies and of the public at large that will provide a further interactive and multidisciplinary review and recommendation for the scale and mass, architectural character, and hotel room affordability of the Lodge at Aspen Mountain project. 13. The City Council believes that the proposed Lodge at Aspen Mountain Master Plan COWOP represents a significant and valuable opportunity to continue and finalize the master planning of the new Master Plan area. 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— Eligibility. Pursuant to Section 26.500.040 of the Land Use Code, the Lodge at Aspen Mountain Master Plan, as described herein, is determined to be development reasonably necessary for the convenience and welfare 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. The Chair of the Task Force Team shall be the Director of the Community Development Department, who may designate a meeting facilitator or other personnel or contractors as needed. 2. Property owners shall represent themselves or designate a representative. Resolution No. , Series 2009 Page 4 3. The Task Force Team shall meet and review the proposed Lodge at Aspen Mountain Master Plan, with particular attention to the mass and scale of the proposed development and the contextual relationship of the project to surrounding properties, using the Standards of Review set forth below. 4. Community Development and Interdepartmental Technical Staff Review, as appropriate. 5. Task Force Team and Staff provide recommendations to City Council. 6. Formal final approval decision shall be the responsibility of City Council and shall require adoption of an Ordinance. City Council may, by resolution, determine the project no longer qualifies for the COWOP process, at any time, and discontinue the COWOP Task Force Team. Standards of Review: 1. Section 26.445.050, Review Standards: Planned Unit Development. 2. Section 26.310, Amendments to the Land Use Code and Official Zone District Map. 3. Section 26.470, Growth Management, to the extent determined necessary during project review. It is expected that commercial, lodging, affordable housing, and free- market housing allotments will not require an additional review beyond the COWOP review. 4. Section 26.480, Subdivision, if determined to be necessary during project review. 5. Technical design standards of utility providers shall be considered and the COWOP decision shall not supersede any non -city utility provider. 6. 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. 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 (non -voting) • Planning Staff — as assigned by the Community Development Director (non -voting) • City Council Members (2) — to be determined Resolution No. , Series 2009 Page 5 • Planning and Zoning Commission member— to be determined • Centurion Partners, LLC — John Sarpa • Aspen Skiing Company — Dave Bellack • Eight neighbors to include one representative from each of the following properties/home owners associations: o South Point Condominiums — to be determined o Lift One Condominiums — to be determined o Timber Ridge Condominiums — to be determined o Trainor's Landing Condominiums — to be determined o Juan Street Condominiums — to be determined o Shadow Mountain Condominiums — to be determined o Mountain Queen Condominiums — to be determined o Lift One Lodge (Roaring Fork Lodge — Aspen LLC) — Bob Daniel Aspen Valley Ski Club — Mark Cole • Aspen Chamber Resort Association — Debbie Braun • Five to Ten citizens at -large — to be determined It is acknowledged through this Resolution that it will be beneficial for many interested parties beyond those identified in the above noted list to be involved in the COWOP process and that the opportunity for involvement is created through this process. Additional interested parties will be able to attend the meetings of the COWOP Task Force Team and may be provided with e-mail notice of scheduled meetings at their request. All meetings of the Task Force Team will be conducted in public hearings. 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 and/or as required. Section 4 — Proposed Timeframe. Pursuant to Section 26.500.050(B)(d), the timeframe for the procedure to be used to review the proposed development shall commence promptly following approval of this Resolution and shall be completed, including adoption of an Ordinance by City Council, on or about October 1, 2009. Section 5 — Components of the Master Plan and Adoption. At a minimum, the Master Plan adopted pursuant to this process shall include: 1. A description and depiction of allowable development on each property, including allowable height, area, bulk, density, uses, operating characteristics, and unit ownership structure. Resolution No. , Series 2009 Page 6 2. A description and depiction of conceptual architecture, character, materials, and fenestration. The Master Plan should describe the specificity upon which conceptual architecture may be amended and the process of amendment. 3. A description and depiction of the rights -of -way to be vacated, upgraded, or otherwise affected including encroachments therein. 4. A description of the amount and method(s) of affordable housing and other development impact mitigation requirements that must be provided. 5. A description and allocation of responsibility for the development and maintenance of neighborhood and shared infrastructure and community benefits (e.g., road improvements and public parking). 6. A description of the timing, phasing, and management of construction activity The Community Development Director shall present the findings and recommendations of the Task Force to City Council during a public hearing and shall provide an analysis for the proposal and the standards of review identified herein along with a proposed Ordinance that implements and entitles the Master Plan. The proposed Ordinance shall provide final approval of the necessary land use reviews and shall cause issuance of a Development Order, 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. The Ordinance adopting the Master Plan shall describe and implement the necessary reductions in Growth Management Allocations to accommodate the build -out of the Master Plan. Section 6 - City's Timely Processing and Review. The City Council shall allocate meeting times and resources of the City as necessary and reasonable for the timely processing, review, and guidance of the master planning COWOP process. Section 7 — Cost of Master Planning Process. All costs associated with the Lodge at Aspen Mountain Master Plan process shall be the responsibility of Centurion Partners. The City shall not assess land use review fees for this master planning process. Section 8 — Townhomes Project on Hold. City Council Ordinance No. 32, Series of 2003, granted approval for a development on the Centurion properties known as the "townhomes project" on land owned by Aspen Land Fund II, LLC. City Council Resolution No. 9, Series of 2009, extended the statutory vested rights for the townhomes project through January 28, 2011. Pursuant to Section 12 of Resolution No. 13, Series of 2008, the Chief Building Official discontinued review of the building permits for the townhome project and considered the permit dormant with respect to Section 105.3.2, Time Limitation of Application, of the 2003 Resolution No. , Series 2009 Page 7 International Building Code. Centurion shall have the right to reactivate the building permit application at any time prior to January 28, 2011. The townhome approvals embodied in Ordinance No. 32, Series of 2003, and all building permits and applications and vested rights associated therewith shall be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code, and shall not be otherwise adversely affected or impaired in any way by the involvement of the Centurion Partners property in this master planning COWOP process. Finally, Centurion Partners' participation in the COWOP process shall be exempt from Section 26.304.060(F) ("Resubmittal of a Previously Denied Application") of the Land Use Code. FINALLY adopted, passed and approved this day of July, 2009. Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Michael C. Ireland, Mayor Exhibit A — Map and Legal descriptions of land subject to Master Planning Review. Resolution No. , Series 2009 Page 8 EXHIBIT A LEGAL DESCRIPTION LODGE AT ASPEN MOUNTAIN MASTER PLAN A. Property of Aspen Land Fund II, LLC — South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded April 27, 2007 with the Pitkin County Clerk and Recorder as Reception No. 537080 in Book 83, Page 50. B. Property of Aspen Skiing Company — That property owned by the Aspen Skiing Company extending generally to the south from the southwesterly boundary of the Mountain Queen Condominiums, the southerly boundary of Block 12, Eames Addition to the City and Townsite of Aspen, the south end of the south Aspen Street right-of-way and the southerly boundary of the Shadow Mountain Condominiums to the southerly boundary of the city of Aspen. The purpose of including this parcel is to accommodate the replacement and relocation of the Lift 1 A ski lift, including the lower lift terminal, as well as related structures and improvements. C. Property owned or maintained by the City of Aspen — Public rights -of -way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue. *While not formally an applicant in the process, Mary K. Barbee has agreed that the following property may be included within the Master Plan area for review purposes, to wit: A 20-foot by 31-foot rectangular piece of land owned by Mary K. Barbee located immediately west of and bordered on three sides by the Aspen Land Fund II, LLC parcel and known as the `Barbee Notch". This property lies east of the westernmost extents of the Aspen Land Fund II, LLC parcel, as projected north and south. The Barbee Notch property is included conditioned upon the following: Inclusion is for the limited purpose of enabling a holistic master plan review; ownership, use, development and surface rights remain with Mary K. Barbee; inclusion of the land shall not encumber the land for future use beyond the hearing process, and inclusion of the land shall not mitigate or be used to establish building requirements such as setbacks. Resolution No. , Series 2009 Page 9 Cg W a A a N 1 � � h a a I �z0 Qy a R co °' c v _ N J 0 Q J�_II -*-%, ■ MINOR anuany Juemd 3 (DI g: anuany Juemd 3 (DI g: r""� �r Tn ��Ox� for665 c rageTimor a4oev cwos Exhibit t 7 Lodge at Aspen Mountain Master Plan Criteria for COWOP 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 Analysis: The City was previously a co -applicant with three other land owners — Aspen Land Fund II (aka Centurion Partners), Roaring Fork Mountain Lodge — Aspen, and the Aspen Skiing Company for the purpose of developing a master plan for the Lift One Neighborhood. This previous process was terminated after City Council did not approve the master plan and Roaring Fork Mountain Lodge withdrew from the review process. There are currently three principal parties requesting initiation of a new COWOP process — Centurion Partners, the Aspen Skiing Company, and the City of Aspen. The City's interests include the public rights -of -way; both opened currently as streets and platted unopened streets and alleys. Although one party withdrew from the process, the neighborhood continues to be a very important area in the evolution of lift -served skiing in Aspen. Determining the appropriate uses and manner for development to occur on lands surrounding the base of Lift 1A and South Aspen Street is a community -wide issue. Initiating a new COWOP is the most -expedient way to continue the discussion of the previous master plan concepts. This project presents an opportunity to improve resort and community aspects of the town by providing short-term lodging, commercial, free-market and affordable residential land uses. There is also the opportunity to improve pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, develop non- traditional energy sources such as geothermal heat recovery, and achieve participation in community -oriented goals of the previous master plan such as public parking, ski lift facilities, and a ski museum. Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to lift -served skiing, and housing the workforce are all long -stated community goals. The COWOP process allows for greater discussion and community input for the redevelopment of the neighborhood. The COWOP process allows a group of community members to advance a plan from the ground up, considering community and neighborhood goals, and recognition of constraints. This interaction allows discussion Exhibit i 7 Lodge at Aspen Mountain Master Plan Criteria for COWOP Eligibility on technical, financial, and regulatory constraints to be balanced with the community's use, character and operational goals and aspirations and the appropriate manner in which those aspirations can be balanced. Staff believes the future of the base of Lift 1 continues to be an important community - wide topic. While the current economic climate may not produce substantial reinvestment in the near term, this area will be redeveloped. Staff also continues to believe that the currently vested "townhomes plan' does not provide significant benefit to either the resort or the community aspects of Aspen. Staff believes that a discussion of the merits of the previous master planning effort is valuable and that a thorough vetting of redevelopment options by use of the COWOP process is in the community's interest. Staff recommends City Council determine this project eligible for COWOP review. Exhibit _C Lodge at Aspen Mountain Master Plan Process Outline Steps Meetings Result City Council CenmriooSkiCdCiry of Aspen agree to participate in COWOP F-hgP Com, Dev. Director Proposes COWOP. July 13 jor�yawo Advertising and entrench to potential task force participants. Pt Receive COWOP membership applinflom. Review candidates with City Council Ffedlu City Council. Fiuslize meeting schedules. July 14 or 20 CDIPOP Pndcyentr COWAssemble COWOP Title Farce. . Review process, whedute, ground fJuly 2 qI rules, etc. Review former muter plan goals, issues, opportunities, 23 convictions. Schedule site visit Review Master Pine. Review 3-D modeilng. Review assuming and COWOP s7 scale. Review Conceptual Architecture. July 28 Review 3-D modeilng. Review massing and state. Review Conceptual COWOP lei Development Agreement Develop Dean Task Force Juty 30 �n4A' Reeommeadation. < > COWOP p4 Remaining issues. Fioailze Task Force Recommendation. Aug. 4 FinelPtms COWOP0 (If necessary) Remaining issues. Finance Task Force Aug. 6 Recommendation. Front Plms City Council <*> Preparation of proposed Ordinance. Scheduling public hearing. First Aug. 10 reading memo. Public noticing. Review Ordinance with COWOP Task Force. Public noticing City Council Adoption of Continue City Council bearings as needed to address remaining issues. Aug. 24 Master Pfms (Sept 14) (Sept 28) L X 104- ASPEN LAND FUND II, LLC ASPEN SKIING COMPANY June 30, 2009 Mr. Chris Bendon Community Development Department Director City of Aspen 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 Re: Lodge at Aspen Mountain Master Plan COWOP Dear Chris: This letter is submitted jointly by Aspen Land Fund II, LLC and the Aspen Skiing Company as the owners of the land areas described on attached Exhibit A (collectively, the "Owners") to request that you prepare a memorandum to the City Council as contemplated in Section 26.500.050(A) of the City of Aspen Land Use Code recommending that the City Council make a determination that the proposed Lodge at Aspen Mountain Master Plan is reasonably necessary for the convenience and welfare of the public ("COWOP"). The Lodge at Aspen Mountain Master Plan encompasses the property described on Exhibit A as well as certain adjacent rights -of -way owned or maintained by the City, and the City is a co -applicant with the Owners for purposes of this submittal. We also request that you prepare and submit along with the memorandum a proposed Resolution for consideration by the City Council. The Resolution should comply with the requirements of Section 26.500.050(B) of the Code and specifically authorize the commencement of the COWOP Process. A draft of a proposed Resolution is enclosed with this letter application. We believe that the proposed Lodge at Aspen Mountain Master Plan is eligible for the COWOP Process because it includes (i) improved public access to and enhanced lift -served skiing on Aspen Mountain; (ii) lodging facilities that meet the needs of the community; (iii) the development or redevelopment of public streets, utilities and infrastructure improvements; (iv) public transportation improvements; (v) improved pedestrian, vehicular and emergency access in the neighborhood; (vi) the development of non-traditional energy sources such as ground source energy systems; and (vii) the development of affordable housing by the private sector in conjunction with the City. Further, the Lodge at Aspen Mountain Master Plan proposes to implement the community benefits lying within the new Master Plan area that were identified during the original Lift One Neighborhood Master Plan process as being of substantial benefit to the Aspen community, including without limitation the integrated redevelopment of the lands within the new Master Plan area, the relocation and development of a new high speed ski lift in place of existing Lift IA, the realignment and redevelopment of South Aspen Street and the establishment of a cul-de-sac at the southerly terminus thereof, various improvements to Juan and South Garmisch Streets, the provision of public parking, the provision of public ski lockers, and the provision of affordable housing mitigation for 100 percent of the employees generated by the project. The Lodge at Aspen Mountain Master Plan may also provide an opportunity to implement other community benefits identified in the original Lift One Neighborhood Master Plan lying outside of the new Master Plan area. As was the case in the previous Master Plan, Aspen Land Fund 1I, LLC is prepared to financially contribute its proportionate share of the cost of implementing such identified community benefits as may be developed in that area. Finally, the applicants believe that the proposed Lodge at Aspen Mountain Master Plan COWOP represents a significant and valuable opportunity for the Aspen community to continue to process and to finalize the master planning of the new Master Plan area and the implementation of the community benefits previously identified for that area. We look forward to working with you in the matter. Respectfully submitted, Aspen Land Fuqd II, LLC, a Colorado li ji*al� company Lin Sarpa, Aut ed Signatory Aspen Skiing Company, LLC, a Colorado limited biJity comps By: o� David E. Bellack, S¢ for Vice -President EXHIBIT A LEGAL DESCRIPTION LODGE AT ASPEN MOUNTAIN MASTER PLAN A. Property of Aspen Land Fund 1I, LLC — South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded April 27, 2007 with the Pitkin County Clerk and Recorder as Reception No. 537080 in Book 83, Page 50. B. Property of Aspen Skiing Company — That property owned by the Aspen Skiing Company extending generally to the south from the southwesterly boundary of the Mountain Queen Condominiums, the southerly boundary of Block 12, Eames Addition to the City and Townsite of Aspen, the south end of the south Aspen Street right-of-way and the southerly boundary of the Shadow Mountain Condominiums to the southerly boundary of the city of Aspen. The purpose of including this parcel is to accommodate the replacement and relocation of the Lift IA ski lift, including the lower lift terminal, as well as related structures and improvements. C. Property owned or maintained by the City of Aspen — Public rights -of -way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue. *While not formally an applicant in the process, Mary K. Barbee has agreed that the following property may be included within the Master Plan area for review purposes, to wit: A 20-foot by 31-foot rectangular piece of land owned by Mary K. Barbee located immediately west of and bordered on three sides by the Aspen Land Fund II, LLC parcel and known as the "Barbee Notch". This property lies east of the westernmost extents of the Aspen Land Fund II, LLC parcel, as projected north and south. The Barbee Notch property is included conditioned upon the following: Inclusion is for the limited purpose of enabling a holistic master plan review; ownership, use, development and surface rights remain with Mary K. Barbee; inclusion of the land shall not encumber the land for future use beyond the hearing process, and inclusion of the land shall not mitigate or be used to establish building requirements such as setbacks. 4551482 I.DOC June 22, 2009 Chris Bendon - Community Development Director City of Aspen 7 THE CITY OF ASPEN Re: Lodge at Aspen Mountain COWOP Master Plan Application Dear Chris: Please accept this letter as authorizing the inclusion of city -owned land and City rights - of -way in the planning review of the Lodge at Aspen Mountain Master Plan COWOP application. Specifically, the City property to be included in this application consists of the following public rights -of -way managed by the City of Aspen: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monarch Street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue • A" portion of Summit Street located immediately East of South Aspen Street. Participation in this application is subject to City Council determination of the project being eligible for COWOP review and City Council reserves the right to discontinue the City's participation at any time. Sincerely, / Steve Barwick City Manager City of Aspen 130 SOUTH GALENA STREET ASPEN, COLORA00 81611-1975 - PHONE 970.920.5000 FAx 970.920.5197 www. aspengov.com Pnmed.n Reryded Pope, Junell,2009 THE Crrr oF.ASFEIN John Sarpa Robert Daniel, Jr. Centurion Partners Roaring Fork Mountain Lodge, LLC 300 South Spring Street PO Box 4560 Aspen, CO 81611 Basalt, CO 81621 Steve Barwick David Corbin City Manager Vice President City of Aspen Aspen Skiing Company .30 So. Galena St. PO Box 1248 Aspen, CO 81611 Aspen, CO 81612 Re: Lift One Neighborhood Master Plan COWOP. . Dear Sirs: I received a letter yesterday, attached, from Bob Daniel representing the Roaring Fork Mountain Lodge - Aspen, LLC notifying the City of termination of the COWOP process Section 10 of Resolution No. 13, attached, allows any of the four parties to terminate the COWOP review, subject to a meeting between the parties: We just met this afternoon and the Lift One Neighborhood Master Plan COWOP has been officially terminated. Sinc rely, Chris Bendon, AICP CommunityDevelopment Director City of Aspen Copy: John Worcester, City Attorney 130 Soon+ GaEExa STREET • IXsPEN, CoLowwo 81611-1975 - PHONE 970.920.5000 • Fax 970920.5197 www.aspciigov.com Roaring Fork Lodging Company June 10, 2009 I�r� ,,ECEI VED Chris Bendon iY09 C'Ty�R�. Community Development Director �a��tar��y S � City of Aspen �fFNl 130 S. Galena Street Aspen, Colorado 81611 Re: Lift One Neighborhood Master Platt COWOP Dear Chris: This letter is as a formal notification of termination of the Lift One Neighborhood Master Plan COWOP written pursuant to the terns and provisions of the Aspen City Council Resolution Number 13, Series of 2008. It is important to convey a bit of background as it relates to the substance of this letter. In March of 2006, Roaring Fork Mountain Lodge — Aspen, LLC ("Roaring Fork") submitted an application to the City of Aspen for the historically designated components of the Lift One Lodge project property. That application was conceptually approved by the Historic Preservation Commission iAugust tthf 2006. Subsequent to that approval a conceptual Planned Unit Development (PUD) application development of the Lift One Lodge was submitted to the City of Aspen in November of 2006, That conceptual PUD application was approved by the City of Aspen Planning and Zoning Commission in a 4-1 vote in August of 2007. The conceptual PUD application was then being scheduled for review by the Aspen City Council. It is important and significant to note that the PUD application was compliant with all of the components of the Land Use Code in operation at the time of submittal and review. This compliance included all aspects of height, bulk, mass, usage etc.. ...and actually did not contain any free market units although this use could have been 25% of the floor area of the project. The applications included a zone change for the parcel of land where Lift IA is located to lodging to match the adjacent properties. While these reviews were occurring for the Lift One Lodge property, the Lodge at Aspen Mountain was undergoing its final PUD review by the City of Aspen. The Lodge at Aspen Mountain final PUD application was ultimately denied by the Aspen City Council in October, 2007. Subsequent to the denial of the Lodge at Aspen Mountain and prior to the City Council review of the Lift One Lodge conceptual PUD application the idea of creating a master plan for the Lift One neighborhood emerged as an opportunity for the Lodge at Aspen Mountain to be reconsidered along with the Lift One Lodge in the context of an overall plan for the area. Through lengthy discussions and negotiations, the City, Centurion Partners, the Aspen Skiing Company and Roaring Fork 24393 State Highway 82 • P.O. Box 4seo • Basalt, Colorado 81621 • 97oi927.9000 p&a • 970(927.2834 fw • Page 2 June 10, 2009 Mountain Lodge - Aspen established the South Aspen Street Neighborhood COWOP through the enabling Resolution Number 13, Series of 2008. Since the enactment of Resolution Number 13 the landowners and the City of Aspen have spent over lg months working through the possibilities associated with a master plan for this area. While there have been good ideas and concepts that.were brought forward there has been no final approval to date. During this same time frame Roaring Fork Mountain Lodge - Aspen has expended over $250,000 hr the process for thud -parry expenses as a participant in the COWOP. There have been significant additional dollars spent for internal staff time, cost of carry of the land and other expenses associated with ownership of the properties. Roaring Fork Mountain Lodge - Aspen has been a willing and enthusiastic participant in the COWOP process because of a fundamental belief in the concept of master planning. Despite this belief there comes a time when a property owner must begin to focus on the specific responsibilities appurtenant to its own interests. In the creation of the COWOP and through the enabling legislation a provision was established so that any participant could terminate the process. This provision is contained in Section 10 of Resolution 13. At this point in time Roaring Fork Mountain Lodge - Aspen wishes to terminate the COWOP master planning process. Resolution 13 also contained specific language for each of the private property owners to have the ability to retain rights that it had prior to the creation of the COWOP. Relative to the property owned by Roaring Fork Mountain Lodge - Aspen, these provisions are contained in Sections 12 - 15 of the Resolution. Specifically, Section 12 enabled the Lift One Lodge land use application that had received Historic Preservation and Planning and Zoning Cormnission conceptual PUD approval to be reactivated. At this point in time it is the specific request of Roaring Fork Mountain Lodge - Aspen to have the Lift One Lodge land use application reactivated. Sincerely, C7 R ert E. Daniel, Jr. Chief Operating Officer Roaring Fork Lodging Company Agent for Roaring Fork Mountain Lodge - Aspen, LLC cc: David I Myler, Esq. - The Myler Law Firm this master planning process, Section 9 —) conomic Analysis There shall be retained a financial consultant with expertise in the economic viability o£ ski area or resort real estate development. The consultant shall be, independent and shall be subject to approval of both the City Council and land "owners. The City of Aspen, Centurion Partners, Aspen Skiing Company and Roaring Fork Mountain Lodge - pen, LLC, shall provide information relating to the financial viability of the Master Plan and their respective components to the satisfaction of the economic consultant. Such information shall be provided to the independent financial advisor only, in strict confidence, and shall not be shared with other participants, the Task Force, the public, the City Council, staff of the City or anyone else without the express written consent of the party providing such information. The financial advisor shall be entitled to provide participants and the City "Council with his/her conclusions and opinions regarding financial viability based upon the information provided as long as the information itself remains confidential, Section 10 — Master Plannin Process ma be Terminated The master planning COWOP process may be terminated by the City Council, Centurion Partners, the Aspen Skiing Company, or the Roaring Fork Mountain Lodge - Aspen, LLC. Termination shall Ue preceded by a meeting between the City Manager, the ep Community Development Director, and representatives of the three private property ep to a owners. Potential reasons to terminate the planning process include failure tconst a nts, reasonable schedule, an inability to agree on physical, regulatory or economic or a fundamental disagreement regarding the direction of the plan. The process may be terminated for any reason, including no reason. Section 11 Townhomes proieet ld approval for a development on City Council Ordinance No, 32, Series of 2003, grantedpP the Centurion properties known as the "townnhomes project' on land owned by Centurion partners, LLC. City Council Resolution No. 9, Series of 2008, extended the statutory vested rights for the townhomes project through July 28, 2009. If Centurion requests, the Chief Building Official shall discontinue review of the building permit and consider the permit dormant with respect to Section 105.3.2., Time limitation of application, 6f the 2003 International Building Code. Centurion shall have the right to reactivate the building permit application at any time prior to July 28, 2009. The town home approvals embodied in Ordinance No. 32, Series of 2003, and all building permits and applications and vested rights associated therewith, shall be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code, and shall not be, otherwise adversely affected or impaired in any way by the involvement of the Centurion Partners property in this master planning COWOP process. Finally, Centurion Aspen City Council Resolution No. 13, Series of 2008 COWOP Eligibility for Lift One Neighborhood Master Plan —Page 7 rN A NEW CONCEPT FOR THE LIFT 1 AREA + New property ownership structure for area. ,I + Our character: Dispersed smaller buildings. i + New town quad lift, up to the mountain lift. - + Two smaller lodges having: Ski in and out. 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