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HomeMy WebLinkAboutagenda.council.regular.202101121 AGENDA CITY COUNCIL REGULAR MEETING Amended Agenda 1/11/21 Amended Agenda 1/12/21 January 12, 2021 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES III.A.Swearing In Of New Police Officers Andrew Williams and Joseph Watson IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) City of Aspen is inviting you to a scheduled Webex meeting. 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Go to https://help.webex.com 1 2 V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VI.A.Resolution #001, Series of 2021 - Posting of Notices VI.B.Resolution #005, Series of 2021 - 705 Cemetery Lane, remodel contract VI.C.Resolution #006, Series of 2021 - Hexaware Contract VI.D.Draft Minutes for December 3rd and December 8th VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES IX.PUBLIC HEARINGS IX.A.Resolution #003, Series of 2021 - 720 E Hyman Avenue, Aspen Athletic Club Building Condominiums, Extension of Vested Rights IX.B.Ordinance #022, Series of 2020 - 211 W. Hopkins Avenue AspenModern Voluntary Landmark Designation X.ACTION ITEMS X.A.Resolution #002, Series of 2021 - Adopting a 2021 Regional, State and Federal Policy Agenda XI.ADJOURNMENT 2 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning, City Clerk James R. True, City Attorney MEMO DATE:January 12, 2021 MEETING DATE:January 12, 2021 RE:Resolution #001, Series of 2021, Posting Notices of Public Meetings REQUEST OF COUNCIL:It is requested that City Council approve Resolution No. 1, Series of 2021, adopting the method for posting notices of public meetings. BACKGROUND: Pursuant to state statute, C.R.S., Section 24-6-401, et seq., the Colorado Open Meetings Law, prior to July 1, 2019, governmental entities were required to annually designate a physical location at which notices of public meetings would be posted. In 2019, the State Legislature amended this statute to allow governmental entities to post notices of meetings on a public website. The purpose of the amendment to Section 24-6-402(2)(c)(III) was specifically to relieve a local government of the requirement to physically post meeting notices. In recent years, even prior to the amendment of the statute, the City has posted notices of meetings at the designated physical location and on its website, when possible. DISCUSSION: The intention of Resolution No. 1 is to formalize the authority to post notice of meetings on the City’s website. In addition, the statute requires that in the event of exigent or emergency circumstances, such as a power outage or an interruption in internet service that prevents the public from accessing the notice online, notice must be posted at a physical location. The resolution designates that physical location as the location that has been traditionally used for such purpose. FINANCIAL/BUDGET IMPACTS: None. STAFF RECOMMENDATION: It is recommended that Resolution No. 1, Series of 2021 be adopted. 3 RESOLUTION NO. 1 (SERIES OF 20 21) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS. WHEREAS, The City Council of the City ofAspen, Colorado, deems it in the public interest to provide full and timely notices of all its meetings; and WHEREAS,the Colorado state legislature amended the Colorado Open Meetings Laws,C.R.S.,Section 24-6-401,et seq.,to relieve a local government of the requirement to physically post meeting notices;and WHEREAS,pursuant to such amendment set forth in C.R.S.,Section 24-6- 402(2)(c)(III),as of July 1,2019,a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available,no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body;and WHEREAS,the City of Aspen maintains a website and currently posts within such website, consistent with Section 24-6-402(2)(c)(III),notices of all meetings of the "local public body,"which is defined by C.R.S.Section 24-6-402(l )(a)(I),to include "any board,committee,commission,authority,or other advisory,policy-making,rule- making,or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision,or an official thereof,has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body;"and WHEREAS, pursuant to C.R.S. Section 24-6-402(2)(c)(III) the local public body shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online; and WHEREAS,C.R.S.,Section 24-6-402(2)(c)(I)requires that all public bodies subject to the requirements of the law to annually designate the place for physically posting notices of public hearings,if physical posting is required. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,THAT: 4 Section 1. Full and timely notice of a public meeting held by the City Council of the City of Aspen and each meeting of any other board,committee,commission,authority,or other advisory,policy-making,rule-making,or formally constituted body of the City of Aspen,shall be deemed to have been given by posting the notice,with specific agenda information,if available,no less than twenty-four hours prior to the holding of the meeting,on a public website of the City of Aspen.The notice shall be accessible at no charge to the public. In the event of exigent or emergency circumstances,as defined in C.R.S. Section 24-6-402(2)(c)(III),notice of a public meeting shall be posted by the City Clerk at least twenty-four hours prior to the holding of the meeting in the front vestibule of City Hall,130 South Galena Street,Aspen,Colorado. Section 2. The City Clerk shall notify each board,committee,commission,authority or other advisory,policy-making,rule-making, or formally constituted body of the City of Aspen of the contents of this resolution and the other general requirements of the Colorado Open Meeting Law,C.R.S.,Section 24-6-401 et seq. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of January 2021. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City meeting held January 12, 2021. ___________________ Nicole Henning, City Clerk 5 MEMORANDUM TO: Mayor Torre and City Council FROM: Jen Phelan, Development Manager THROUGH: Scott Miller, Public Works Director MEMO DATE: December 30, 2020 MEETING DATE: January 12, 2020 RE: 705 Cemetery Lane remodel contract, Resolution No. 5 (Series of 2021) Request of Council: Staff requests City Council approve the remodel/construction contract for 705 Cemetery Lane, converting a vacant three level ½ duplex into two dwellings, a primary residence and carriage house, within the existing footprint of the ½ duplex which will provide an additional dwelling to the city’s affordable housing inventory. Summary and Background: Asset is proposing to convert the space within the existing shell of the vacant residence into two units: a primary dwelling and a carriage house (a carriage house is > 800 SF and ≤ 1,200 SF). The carriage house is to be developed on the second story, while most of the main floor and basement will contain the primary dwelling. The existing front door entry will open into a shared vestibule and serve as access to the two units. A stair within the vestibule will afford access to the second story, with a door to the carriage house located at the top of the stairway (Exhibit A includes all floor plans). The carriage house will be a two bedroom/one bath unit while the main residence will be converted into a two bedroom/two bath unit. All land use entitlements have been received to undertake this project. The Cemetery Lane duplex was originally developed in the early 1980s and has been used as affordable housing for city employees since its construction. Minor changes to the primary residence are proposed to ensure better functionality of the unit, but the bulk of the remodel will be in converting the second story into a separate dwelling unit. City Council authorized a budget of $350,000.00 in March 2020 for this project through a supplemental request. So far, Asset has expended funds to get the project ready for building permit application by developing architectural plans, surveying the property, undertaking asbestos testing, and gaining land use entitlements. Figure 1: 705 Cemetery Lane 6 Due to the anticipated cost of the remodel, Asset issued an Invitation to Bid for the project and received a number of responses. Asset selected McDonough Construction LLC to undertake the remodel. A building permit has been applied for and Asset is hoping for a March start date. The construction timeline is anticipated to be three months. This carriage house will be a desirable unit within the City of Aspen’s affordable housing inventory. It will be brand new with two bedrooms, have an open floor plan, include a large deck off the living room/kitchen for outdoor living, as well as provide ample storage in the form of two closets and a large attic space (as well as garage storage). Additional square footage is not being developed with this project as the existing footprint in being reconfigured and the project will have no visual impact to adjacent neighbors or the streetscape. Financial Impacts: The overall budget for converting the ½ duplex into two units is $350,000.00. The contract before Council is for $251,000.00 and includes primarily interior and minor exterior work. Recommendation: Staff recommends approval of the contract via the attached resolution. Alternatives: Council could decide to not convert the ½ duplex into two units, leaving the ½ duplex as a four bedroom/ four bathroom unit rather than remodeling an existing building, maximizing its usage, and minimizing the footprint of development. City Manager Comments:________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Attachments: Exhibit A: Contract and scope Figure 2: Carriage house floor plan 7 RESOLUTION NO. 005 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MCDONOUGH CONSTRUCTION LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen initiated an Invitation to Bid process to select a contractor to undertake the 705 Cemetery Lane Renovation Project to construct an accessory dwelling unit/carriage house within the existing footprint of the ½ duple unit; and, WHEREAS, there has been submitted to the City Council a contract for the 705 Cemetery Lane Renovation Project between the City of Aspen and McDonough Construction LLC, a true and accurate copy of which is attached hereto as Attachment A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract for the 705 Cemetery Lane Renovation Project, between the City of Aspen and McDonough Construction LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of January 2021. ____________________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on January 12, 2021. ____________________________________ Nicole Henning, City Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 705 Cemetery Lane Redevelopment Summary 705 and 707 Cemetery Lane is a duplex containing nearly 6,000SF on a 20,000SF lot in Aspen, Colorado. The deed-restricted property is owned by the City of Aspen, and each residence has been available for rental or ownership to City employees. One half of the duplex, 705 Cemetery Lane, was recently vacated and the City has been evaluating redevelopment options for the space contained within the existing footprint of the residence. It has been determined that the three-story residence is large enough to accommodate an additional, accessory dwelling on the upper level and maintain the primary residence within the main and basement levels. The proposed accessory dwelling (A.K.A. a carriage house, newly addressed as 703 Cemetery Lane), has received necessary land use entitlements. The enclosed project scope has already been largely determined by the land use and development standards of the city. Beyond the creation of the carriage house within the shell of the existing residence, the scope encompasses the following improvements to the building and site. The basement level is to be reconfigured to allow for better access to the bathroom and private access to the bedrooms. Egress windows are to be installed and a window well reduced in size. New flooring and bathroom fixtures will be installed. The main level will see the front door entry converted into a shared vestibule for both units, over framing of the sun room patio floor to match the living room floor height, reconfiguring and updating the bathroom, and opening up the floor plan in a limited manner. A fire separation/sound barrier will need to be added to the ceiling of this level. The kitchen is to remain as is. The upstairs will be where most of the work occurs. The master bedroom/bathroom is to be converted into a new living area and kitchen. A new, separated mechanical system (with its own metering) is to be installed in the attic. The existing bedrooms and adjoining bathroom will remain largely untouched. New finishes will be required in the bathroom. Individual storage lockers are to be created within the existing two-car garage associated with the residence. The driveway outside will remain gravel, but an additional parking area in the front lawn of 707 Cemetery Lane is to be created to alleviate some parking and maneuvering constraints. Additionally, the pond in the back yard is to be filled in and a welling pit installed so the tenants/owners can irrigate with ditch water. A fire sprinkler suppression system may need to be added to the entire house if required by Aspen Fire. All reasonable energy saving efficiency measures are to be implemented. A project specification has not been created for this project. For estimating purposes, please spec durable, good quality, mid-level items that can be purchased off the shelf at home improvement stores like Home Depot or Lowes. The selected contractor is expected to coordinate item selection with City staff. City staff is in the process of submitting a building permit packet for the project. We hope to have our permit in hand, have a contractor selected, and be ready to start this project in early 2021. Exhibit A: Summary Scope of Work Page 1 23 Location Room Steps Cost Basement Entryway Add walkway through existing closet Basement Mechanical Reverse direction of door swing Basement Mechanical Cap off upper level ducting Basement Mechanical Separate metering from new upstairs carriage house Basement Walkway Add closet in walkway Basement Walkway Add door into bathroom Basement Primary Bedroom Add closet Basement Primary Bedroom Add egress window Basement Primary Bedroom Wall off doorway to other bedroom Basement Bedroom Add door at end of new hallway Basement Bedroom Add walkthrough closet Basement Bedroom Add pocket door to bathroom Basement Bedroom Add egress window Basement Bedroom Reduce size of existing window well Basement Bathroom Reconfigure to accomidate new layout Basement Bathroom Eliminate Window Basement Bathroom New fixtures and finishes Basement Bathroom New Shower Unit Basement Bathroom Move sink Main Level All Address fire separation/sound attenuation between units Main Level Entryway Rework to become shared entry for access to individual units Main Level Entryway Re configure closet Main Level Hallway Remove wall between entryway and living room Main Level Living Remove existing closet Main Level Living Remove doors to sun porch. Replace with sliding doors Main Level Sun Room Overframe floor to match finish floor height in dining/living room Main Level Bathroom Close in all existing doors. Add new door off of sun room. Main Level Bathroom Upgrade finishes Main Level Garage Eliminate existing storage area and doorway to back yard Main Level Garage Add two new storage areas Upper Level Hallway Add door after landing at top of stairs Upper Level M Closet Eliminate all walls Upper Level M Bath Eliminate all interior walls Upper Level M Bath Eliminate all existing fixtures Upper Level Kitchen Create kitchen in existing M Bath/ M Closet location Upper Level M Bed Delete interior walls between hall and kitchen Upper Level Living Convert existing M Bed into living room Upper Level Bedroom 1 Add sliding door to closet Upper Level Bedroom 2 Add door to closet Upper Level Bathroom Delete wall between hallway and bathroom Upper Level Bathroom New fixtures/finishes in bathroom Upper Level Hallway Add laundry closet Upper Level Hallway Add utility closet Upper Level Attic Put attic access in new location closer to hallway door Upper Level Attic Close in attic pony wall and windows 703 Cemetery Lane Carriage House Construction Scope DocuSign Envelope ID: 82A5D444-F977-4BF9-B441-B28B6BCEDD67 Page 2 24 Upper Level Attic Add new on demand hot water heater in attic Upper Level All Cap existing ductwork Upper Level All Add oil filled electric baseboard heat All Levels All Implement appropriate efficciency upgrades All Levels All Install Fire Sprinkler System (If Required) Yard Driveway Add 1/2 hammerhead parking spot in the front yard of 707 Cemetery Lane Yard Back Fill in Pond and add stilling well Yard Front Fill in part of front yard window well Total $0 DocuSign Envelope ID: 82A5D444-F977-4BF9-B441-B28B6BCEDD67 Page 3 25 Estimate DATE 11/6/2020 ESTIMATE # 461 NAME / ADDRESS City of Aspen 703 Cemetery Lane Aspen, CO 81611 McDonough Construction LLC PO Box11689 Aspen, CO 81612 PROJECT Preliminary estimate and allowances only TOTAL ITEM DESCRIPTION QTY COST TOTAL mobilization Site Set up 1 750.00 750.00 Demolition Demolition basement demo, is floor demo, top floor demo remove walls 1 7,500.00 7,500.00 dumpster Dumpsters 3x 20yd= (60yds.)3 1,300.00 3,900.00 framing Framing labor, create separation wall at garage bays,add man door to garage,exterior rework entry way and new upper level floor plan.walls interior walls plus attic door, infill floor level 1. Interior wall framing, stair framing for loft. 1 11,500.00 11,500.00 materials Framing materials 1 2,500.00 2,500.00 Finish Carpentry Finish carpentry 1 6,000.00 6,000.00 materials Materials; attic door, insulation, garage man door, new entry door 1 4,500.00 4,500.00 Fireplace Demo fireplace, remove hearth, remove flue, repair roof.1 2,325.00 2,325.00 Kitchen Cabinets Kitchen Cabinets and vanity cabinet 1 12,442.00 12,442.00 Kitchen Installation Kitchen installation 1 4,500.00 4,500.00 Countertops Countertops allowance for Laminate 1 2,500.00 2,500.00 plumbing labor Plumbing labor and materials add on-demand water heater upstairs, separate metering, install gas line range supply for new kitchen 1 9,500.00 9,500.00 Plumbing fixtures Plumbing fixtures 1 4,700.00 4,700.00 HVAC HVAC replace existing furnance in basement, cap duct work, make modifications for venting new kitchen and laundry 1 18,000.00 18,000.00 Carpentry Labor Carpentry labor to create storage in garage ceiling sound attenuation main level, to create 1hr.fire seperaton and STC>50 or better 1 2,800.00 2,800.00 Electrical Electrical wire to code, split service between upper and lower, add electric oil filled baseboard upstairs,Install separate panel 1 22,043.78 22,043.78 appliances Kitchen appliances and washer dryer 1 5,700.00 5,700.00 installation Appliance installation 1 450.00 450.00 Trim Painted base and case S4S white painted jambs white doors 1 3,080.00 3,080.00 Doors and Windows Doors and add 2 egress windows, concrete cut 1 4,200.00 4,200.00 Wood Flooring Wood flooring/carpet 1 5,978.00 5,978.00 Page 1 Page 4 26 Estimate DATE 11/6/2020 ESTIMATE # 461 NAME / ADDRESS City of Aspen 703 Cemetery Lane Aspen, CO 81611 McDonough Construction LLC PO Box11689 Aspen, CO 81612 PROJECT Preliminary estimate and allowances only TOTAL ITEM DESCRIPTION QTY COST TOTAL Door Hardware Door hardware 7 75.00 525.00 paint Paint 1 11,000.00 11,000.00 Drywall Drywall add fire separation between units and garage 1 13,500.00 13,500.00 Tile Labor Tile labor 1 5,750.00 5,750.00 tile materials Tile materials 1 3,000.00 3,000.00 mirrors Mirrors 1 500.00 500.00 shower glass Shower glass and door 1 2,250.00 2,250.00 Bath accessories Bath accessories 1 300.00 300.00 Lighting fixtures Lighting fixtures 1 660.00 660.00 Roofing Roofing 1 4,000.00 4,000.00 Excavation Excavation: new utilitiy line trenches, 2- egress window well work, concrete cutting, driveways, pond fill in (allowance only) driveway anvils 1 25,000.00 25,000.00 Site Supervision Site Supervision 240 75.00 18,000.00 Builder Fee Builder fee 1 31,646.22 31,646.22 Add/Alt Add/Alt Sprinkler System Basic bid price $24,565.00 (see proposal)** 0.00 0.00 Add/Alt Add/Alt #1 Bid Price: Pump and tank system if not a 2" water supply from the street $4600.00** 0.00 0.00 Add/Alt Add/Alt Base bid price Fire and Life safety install inc Fire control panel $9736.00** 0.00 0.00 Add/Alt Optional Security System w/Alarm panel in the mechanical room $9161.00 0.00 0.00 Page 2 $251,000.00 Page 5 27 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A107 AS NOTED BASEMENT LEVEL DEMO PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 D D 22 33 4438'-1"51'-6 3/8" 91'-4" LOWER FF FLIP DOOR TO SWING INTO ROOM REMOVE DOOR AND SIDE WALLS FLUSH TO PERPENDICULAR WALLS, HEADER TO REMAIN REDUCE NONCONFORMING WINDOW WELL NOT MEETING RDS TO MINIMUM CODE REQUIRED SIZE REMOVE WINDOW REMOVE WINDOW AND SECTION OF FOUNDATION WALL FOR NEW EGRESS COMPLIANT WINDOW REMOVE WINDOW AND SECTION OF FOUNDATION WALL FOR NEW EGRESS COMPLIANT WINDOW UP AHU H20 SOFT H20 HOT WASHER BOX WINDOW WELL A A C C B B 11 93'-10" LANDING FF MECH PRIMARY BEDROOM BEDROOM BATH WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 BASEMENT LEVEL DEMO PLAN W E S N 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . GENERAL NOTES 28 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A108 AS NOTED MAIN LEVEL DEMO PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55F100'-0" MAIN LEVEL FF D D 22 33 44 RG 51'-6 3/8"38'-1"100'-0" MAIN LEVEL FF 102'-6 1/2" FF LANDING 99'-0" GARAGE FF 99'-0" SUN ROOM FF REMOVE DOOR AND STEP VERIFY HEADER CONDITION PRIOR TO FLOOR WORK IN SUN ROOM UP DN ATTIC ACCESS WINDOW WELL WINDOW WELL ADJOINING GARAGEFULL HEIGHT CAB. A A C C B B 11 ENTRY HALLWAY KITCHEN LIVING SUN BATH GARAGE STORAGE DINING CLOSET WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 MAIN LEVEL DEMO PLAN W E S N 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . GENERAL NOTES 29 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A109 AS NOTED UPPER LEVEL DEMO PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 DECK D D 22 33 44 51'-6 3/8"38'-1"108'-7" UPPER DECK FF PULL DOWN ATTIC STAIR +7" +34.5" +9" DN 10 RISERS ADJOINING GARAGEA A C C B B 11 108'-11" UPPER FF BED HALL M CLOSET BATH BED M BED M BATH CLOSET WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 UPPER LEVEL DEMO PLAN W E S N 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . GENERAL NOTES 30 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A112 AS NOTED BASEMENT LEVEL PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 D D 22 33 44 VITREOUS CHINABATHROOM SINKLADENAK-2214 007A 005B 002A 004A 003A 001A 006B 006A 005A38'-1"8'6'-1 1/2"14'-1 1/2"9'-10"7'-3 3/8"5'-7 3/4" 51'-6 3/8" 10'22'-3"19'-3 3/8"2'-2 5/8"3 1/2"2'-6 7/8"1'-6 1/2"3 1/2"2'-1 3/8"3 1/2"3'-5 7/8"5 1/2"2'-2"5 1/2"5'-3/4"5'-3/4"11'-4" 3 1/2"1'-7 3/4"1'-8 3/4" 5 1/2" 5 3/4" 5 1/2" 1'-6 3/4"3'-3 1/4" 3 1/2" 4 5/8"1'-4"1'-3"3'-3 5/8"4'-8 1/2" 32'-3"28'-3"91'-4" LOWER FF [E] STAIRS TO REMAIN AS-IS [N] FOUNDATION WALL FOR EGRESS WINDOW WELL PER CODE R310.2.3 [N] DOOR SWING INTO ROOM [E] SOFFIT TO REMAIN [N] FOUNDATION WALL INFILL SIMILAR TO W1 WITH INTERIOR FRAMING TO MATCH ADJACENT WALLS MECHANICAL ROOM TO SERVICE BASEMENT AND MAIN LEVEL ONLY UP AHU H20 SOFT H20 HOT WASHER BOX WINDOW WELL WINDOW WELL queen king rod & shelf rod & shelf rod & shelf W3W3 W3W3 W1V.I.F.V.I.F. V.I.F. 1 A301 1 A301 1 A205 1 A207 1 A206 001 002 003 005 007 004 006 A A C C B B 11 93'-10" LANDING FF MECH PRIMARY BEDROOM BEDROOM BATH CLOSET HALL CLOSET WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 BASEMENT LEVEL PLAN W E S N W E S N 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . 7.ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 8. RADON ROUTING BY OWNER. 9. REFER TO RCPs FOR CARBON MONOXIDE/SMOKE DETECTOR LOCATIONS. GENERAL NOTES 31 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A113 AS NOTED MAIN LEVEL PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55F100'-0" MAIN LEVEL FF D D 22 33 44 VITREOUS CHINABATHROOM SINKLADENAK-2214 100A 101A 107A 100B 108A 103A102A RG 51'-6 3/8"38'-1"8'-0"6'-1 1/2"14'-1 1/2"9'-10"10'-0"22'-3"19'-3 3/8" 9'-6 7/8" 7'-4 7/16"1'-10 3/4" 5 1/2" 1'-10 3/4"7'-4 7/16"1'-6"1'-6"12'-10 1/4"5'-2"3 1/2"2'-1"5 1/2"6'-8 1/2"1'-11 5/8" 100'-0" MAIN LEVEL FF 102'-6 1/2" FF LANDING 100'-0" SUN ROOM FF 99'-0" GARAGE FF 1 A301 1 A301 1 A205 1 A207 1 A206 EXTERIOR LED WALL SCONCE TO MEET CODE SECTION 26.575.150 EXTERIOR LED WALL SCONCE TO MEET CODE SECTION 26.575.150 ENTRY AREA TO BE SEPEARTED FROM DWELLING UNITS WITH 1-HOUR ASSEMBLY [W5 OR F1] [N] BASE CABINETS [N] ISLAND BAR [N] INFILL WALL TO BE FLUSH WITH ADJACENT EXISTING WALL FINISH, TYP. AT ALL LOCATIONS [N] INFILL WALL UP 10 RISERS DN ATTIC ACCESS WINDOW WELL WINDOW WELL ADJOINING GARAGEDW FULL HEIGHT CAB. NOTE: OVERFRAME FLOOR TO MATCH FINISH FLOOR OF LIVING ROOM W5 W5W5W3 W3W2W3 W5 V.I.F. 110 100 105 101 102 103 104 108109 106 107 A A C C B B 11 ENTRY HALLWAY KITCHEN LIVING SUN BATH GARAGE STORAGESTORAGE DINING PARKING 18' X 8.5' X 7' HIGH PARKING 18' X 8.5' X 7' HIGH CLOSET WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 MAIN LEVEL PLAN W E S N W E S N GENERAL NOTES 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . 7.ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 8. RADON ROUTING BY OWNER. 9. REFER TO RCPs FOR CARBON MONOXIDE/SMOKE DETECTOR LOCATIONS. 32 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A114 AS NOTED UPPER LEVEL PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 DECK 210 D D 22 33 44 205A 206A 207A 202A 201A F1 A301 1 A301 1 A205 1 A207 1 A206 51'-6 3/8"38'-1"EQ. 3 1/2" 3'-6" 3 1/2"1'-3 1/4"3 1/2" EQ. EQ.EQ.8'6'-1 1/2"14'-1 1/2"9'-10"10'22'-3"19'-3 3/8" 32'-3" 108'-7" UPPER DECK FF [N] WALL AND DOOR ALLIGN [E] F.O. WALL FINISH WITH NEW F.O. WALL FINISH [N] STACKABLE W/D UNIT [E] CEILING PLANES TO REMAIN +7" +34.5" +9" DN 10 RISERS ADJOINING GARAGEQUEEN QUEEN DW PULL DOWN ATTIC STAIR W5W5W3 W3W3202 203 204 200 201 205 206 207 A A C C B B 11 108'-11" UPPER FF ENTRY AREA TO BE SEPEARTED FROM DWELLING UNITS WITH 1-HOUR ASSEMBLY [W5 OR F1] BED BATH BED KITCHEN DINING CLOSET W/D CLO. WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 UPPER LEVEL PLAN W E S N W E S N GENERAL NOTES 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . 7.ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 8. RADON ROUTING BY OWNER. 9. REFER TO RCPs FOR CARBON MONOXIDE/SMOKE DETECTOR LOCATIONS. 33 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A115 AS NOTED ATTIC LEVEL PLAN ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 D D 22 33 44 1 A301 1 A301 1 A205 1 A207 1 A206 51'-6 3/8"38'-1"8'6'-1 1/2"14'-1 1/2"9'-10"32'-3" 10'22'-3"19'-3 3/8"28'-3"117'-6 3/4" ATTIC FF [N] ATTIC ACCESS SIZED FOR MINIMUM MECHANICAL REQUIREMENTS ATTIC AREA FOR MECHANICAL TO SERVE CARRIAGE HOUSE ONLY OPEN TO BELOW BELOW PULL DOWN ATTIC STAIR STORAGEMECH. M BED 300 A A C C B B 11 ATTIC WALL / ELEMENT TO BE REMOVED EXISTING WALL / ELEMENT TO REMAIN WALL / ELEMENT LEGEND NEW WALL / ELEMENT SCALE: 1/4" = 1'-0"1 ATTIC LEVEL PLAN W E S N W E S N GENERAL NOTES 1. VERIFY ALL DIMENSIONS IN THE FIELD TYP. 2. ROOF CONDITIONS ARE ASSUMED BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPICT ALL ELEMENTS . VERIFY ALL ASSUMPTIONS IN THE FIELD. 3. LAYOUT OF FIXTURES , EQUIPMENT AND UTILITIES ARE APPROXIMATE AND MAY NOT DEPICT ALL ELEMENTS . 4. FOUNDATION(S) AND FOOTER(S) ARE DRAWN FOR GRAPHIC REPRESENTATION ONLY. EXISTING STRUCTURAL CONDITIONS ARE UNKOWN. 5. ELEMENTS DEPICTED ON ELEVATIONS ARE APPROXIMATE BASED ON SPOT MEASUREMENTS AND OBSERVATION(S) AND MAY NOT DEPITC ALL ELEMENTS. 6. GRADE IS AN APPROXIMATION OF EXISTING CONDTIONS. A TOPOGRAPHIC SURVEY WILL BE NEEDED TO ESABLISH ACCURATE ELEVATIONS, F.A.R. CALCULATIONS AND HEIGHT MEASUREMENTS . 7.ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 8. RADON ROUTING BY OWNER. 9. REFER TO RCPs FOR CARBON MONOXIDE/SMOKE DETECTOR LOCATIONS. 34 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A901 AS NOTED BASEMENT LEVEL RCP ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 D D 22 33 44 VITREOUS CHINABATHROOM SINKLADENAK-2214 7'-7" CEILING AFF 7'-1" CEILING AFF 7'-1/2" CEILING AFF 6'-10" SOFFIT AFF 7'-9" CEILING AFF TYP 7'-9" CEILING AFF TYP CEILING TO BE 1-HOUR FIRE RATED SEPERATING COMMON SPACE ABOVE FROM DWELLING UNIT BELOW, RE: ASSEMBLIES [F1] HEADER TO REMAIN TO SEPERATE STEP IN CEILING PLANES [E] SOFFIT TO REMAIN SLOPES UPCM S S S CMS 001 002 003 005 007 004 006 A A C C B B 11 7'-10 3/4" CEILING AFF MECH PRIMARY BEDROOM BEDROOM BATH CLOSET HALL CLOSET CM S SMOKE DETECTOR CARBON MONOXIDE DETECTOR CEILING LEGEND SCALE: 1/4" = 1'-0"1 BASEMENT LEVEL RCP W E S N 1. G.C. TO INSTALL SMOKE ALARMS (INDICATED ON PLANS AS S) PER NFPA 72 REQUIREMENTS PER IRC R314. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 2. G.C. TO INSTALL CARBON MONOXIDE DETECTORS (INDICATED ON PLANS AS CM) PER A.F.P.D. REQUIREMENTS. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 3. ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 4. "INTERIORS" OR "INT." REFERS TO INTERIOR DESIGNER. GENERAL NOTES 35 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A902 AS NOTED MAIN LEVEL RCP ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 D D 22 33 44 VITREOUS CHINABATHROOM SINKLADENAK-2214 7'-3 3/4" CEILING AFF 8'-10 7/8" CEILING AFF 7'-11" CEILING AFF TYP 6'-11 3/4" SOFFIT AFF 6'-11 3/4" SOFFIT AFF 6'-7 1/4" BO BEAM AFF 7'-11" CEILING AFF TYP 8'-1 1/4" CEILING AFF TYP 7'-1 1/2" BO BEAM 7'-0" CEILING AFF CEILING TO BE 1-HOUR FIRE RATED SEPERATING DWELLING UNITS ABOVE + BELOW, RE: ASSEMBLIES [F1] [E] SOFFIT TO REMAIN SLOPES UPADJOINING GARAGESLOPES UPCM S 110 100 105 101 102 103 104 108109 106 107 A A C C B B 11 ENTRY HALLWAY KITCHEN LIVING SUN BATH GARAGE STORAGESTORAGE DINING CLOSET CM S SMOKE DETECTOR CARBON MONOXIDE DETECTOR CEILING LEGEND SCALE: 1/4" = 1'-0"1 MAIN LEVEL RCP W E S N GENERAL NOTES 1. G.C. TO INSTALL SMOKE ALARMS (INDICATED ON PLANS AS S) PER NFPA 72 REQUIREMENTS PER IRC R314. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 2. G.C. TO INSTALL CARBON MONOXIDE DETECTORS (INDICATED ON PLANS AS CM) PER A.F.P.D. REQUIREMENTS. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 3. ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 4. "INTERIORS" OR "INT." REFERS TO INTERIOR DESIGNER. 36 DATE Date: Scale: Drawn by: REVISIONS Z4A WWW.ZONE4ARCHITECTS.COM PERMIT 10.07.20 BIM Server: zone4architects - BIMcloud as a Service/705 Cemetery LaneBY A903 AS NOTED UPPER LEVEL RCP ZONE 4 ARCHITECTS IS NOT LIABLE OR RESPONSIBLE AT ANY TIME FOR ANY CHANGES TO THESE DRAWINGS OR SPECIFICATIONS WITHOUT PRIOR WRITTEN AUTHORIZATION.c 2020 ZONE 4 ARCHITECTS, LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ZONE 4 ARCHITECTS LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF ZONE 4 ARCHITECTS LLC. ZONE 4 ARCHITECTS LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. ALL RIGHTS RESERVEDCEMETERY LANE RESIDENCE705 CEMETERY LANEASPEN, CO 8161110/7/2020 55 DECK 210 D D 22 33 44 8'-0" CEILING AFF 8'-0" CEILING AFF 8'-0" CEILING AFF TYP 11'-7" CEILING AFF 8'-0" CEILING AFF TYP 14'-10" CEILING AFF [E] CEILING PLANES TO REMAIN SLOPES UPSLOPES UPCM SSS 202 203 204 200 201 205 206 207 A A C C B B 11 BED BATH BED KITCHEN DINING CLOSET W/D CLO. CM S SMOKE DETECTOR CARBON MONOXIDE DETECTOR CEILING LEGEND SCALE: 1/4" = 1'-0"1 UPPER LEVEL RCP W E S N GENERAL NOTES 1. G.C. TO INSTALL SMOKE ALARMS (INDICATED ON PLANS AS S) PER NFPA 72 REQUIREMENTS PER IRC R314. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 2. G.C. TO INSTALL CARBON MONOXIDE DETECTORS (INDICATED ON PLANS AS CM) PER A.F.P.D. REQUIREMENTS. G.C. TO COORDINATE FINAL LOCATIONS IN FIELD WITH LIGHTING LAYOUT. 3. ILLUMINATE STAIRS PER IRC R303.7. MINIMUM OF 50% OF PERMANENTLY INSTALLED FIXTURES TO CONTAIN HIGH EFFICACY LAMPS PER 2015 IECC. 4. "INTERIORS" OR "INT." REFERS TO INTERIOR DESIGNER. 37 Page 1 of 2 MEMORANDUM TO: Mayor and Aspen City Council CC: Aspen Pitkin County Housing Authority Board of Directors FROM: Diane Foster, Interim APCHA Director and Asst. City Manager Karen Harrington, Director of Quality Office THRU: Sara Ott, City Manager, City Manager MEETING DATE: January 12, 2020 RE: Annual 2021 Maintenance Contract for HomeTrek Housing Management System REQUEST OF COUNCIL: Staff requests Council approve of an annual maintenance and support contract with Hexaware Technologies Limited (Hexaware) for the HomeTrek Housing Management System. PREVIOUS COUNCIL ACTION: On December 17, 2019, Council approved a contract with Hexaware for the design and build of the HomeTrek system for APCHA, in the amount of $814,240, including a 20% contingency amount. DISCUSSION: APCHA and Hexaware have completed the initial build, testing and deployment of Phase 1 of the Hometrek project, which includes all internal functions associated with the system. They are currently entering User Acceptance Testing for Phase 2, which involves the final testing of the external customer- facing online community portal. Go-live of the entire system will occur this month. After the system is fully live and the warranty period expires, a contract for on-going support is proposed to assurance continuity in the initial phase of rollout; minimize system downtown and performance issues; fix any bugs as promptly as possible; and develop efficient enhancements. While APCHA is developing internal capacity to handle 1) first calls for help and 2) low to intermediate level technical fixes and enhancements, this capacity is not yet fully formed. Further, fixes and enhancements that involve the need for advanced Salesforce technical knowledge will likely remain outside the scope of expectations for APCHA staff. This contract partners APCHA staff with Hexaware staff to handle on-going support and maintenance needs while simultaneously helping to build APCHA technical capacities to a higher level. 38 Page 2 of 2 FINANCIAL/BUDGET IMPACTS: The 2021 budget includes $100,000 for this project. This amount was included in the 2021 budget presented to the APCHA Board of Directors, Pitkin County Board of County Commissioners and the Aspen City Council in December 2021. RECOMMENDED ACTION: Staff recommends that Council approve the contract with Hexaware for annual support and maintenance of the HomeTrek housing management system. PROPOSED MOTION: I move to approve Resolution #105, Series of 2020, to execute a Professional Services Agreement between the City of Aspen, Colorado, and Hexaware Technologies Limited for professional consulting services related to the 2021 maintenance and support of the HomeTrek housing management system, in the amount of $100,000. CITY MANAGER COMMENTS: ATTACHMENTS Attachment A: Resolution #105, Series of 2020 Attachment B: Professional Services Agreement with Hexaware Technologies Limited 39 RESOLUTION #006 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROPOSED CONTRACT BETWEEN THE CITY OF ASPEN AND HEXAWARE TECHNOLOGIES LIMITED IN SUPPORT OF THE ASPEN PITKIN COUNTY HOUSING AUTHORITY (APCHA) HOMETREK SYSTEM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FINAL CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to City Council a proposed contract between the City of Aspen and Hexaware Technologies Limited, which is attached hereto as Exhibit “A”; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. That the City Council of the City of Aspen hereby approves the Contract with Hexaware Technologies Limited for annual maintenance and support of the APCHA HomeTrek housing management system, a copy of which is attached hereto, and does hereby authorize the City Manager to execute a final contract on behalf of APCHA and the City of Aspen in substantially the form attached hereto, subject to the approval of the City Manager and the City Attorney. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of January 2021. ______________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 12th, 2021. ______________________________ Nicole Henning 40 Agreement Professional Services Page 1 CITY OF ASPEN STANDARD F ORM OF AGREEMENT V 2009 PROFESSIONAL SERVICES City of Aspen Contract No.: 2020-096 AGREEMENT made as of 12th day of January, 2021. BETWEEN the City: The City of Aspen c/o Diane Foster, Interim APCHA Director APCHA Offices 210 E. Hyman Aspen, Colorado 81611 Phone: 970-920-5050 And Professional: Hexaware Technologies Limited Registered Office Address: Building # 152, Millennium Business Park, Sector- III, ‘ A’ Block, TTC Industrial Area, Mahape, Navi Mumbai - 400710 For the Following Project: Contract Amount: Total: Not t o exc eed $100,000.00 in the f irst year; renewable for up to 2 additional years at City discretion and in an amount determined by t he C ity. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: _XX XX XXXX Resolution No.: Professional services for annual maintenance and support of the APCHA Hometrek system. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work Exhibit B: Fee and Expense Schedule DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 41 Agreement Professional Services Page 2 The City and Professional (Hexaware) agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and Professional manner the Support and Minor and Major Tasks developed under the Statement of Work (SOW) set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion: Standard of Performance . Professional is obligated to fulfill the Scope of Work included in this contract. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete the Scope of Work as agreed to for Support services and Minor and Major tasks developed under Exhibit A, and with Professional skill and care. All Work pursuant to this Agreement shall be completed no later than December 31, 2021. This contract is renewable for up to two (2) additional one-year terms, at the discretion of the City and in an amount determined by the City, and at the hourly rates specified in Exhibit B. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the perfor- mance of Professional's services which shall be adjusted as required as the annual support and assistance proceeds, and which shall include allowances for periods of time required by the City's project manager for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by Professional. Except as may otherwise be provided in the Scope of Work, the City shall have the right to promptly test and inspect whether each deliverable due under the Scope of Work conforms to the requirements of this Agreement in all material respects. If a Deliverable does not so conform, the City must give Professional notice describing the non-conformity (“Rejection Notice”). The City will provide such Notice within an agreed upon Test Period for each deliverable, the time period of which will be jointly agreed to by the City and Professional for each deliverable. The City will in a timely manner collaborate with Professional to establish an Extension to the Test Period should it be anticipated that the originally agreed to Test Period will be insufficient for any reason. Professional shall not unreasonably withhold such an Extension of a Test Period. Should no Extension of the Test Period be requested by the City within the originally agreed to Test Period or a subsequent Extension of the Test Period and should no Reject Notice be receive d by Professional from the City within the agreed upon Test Period or a subsequent Extension Test Period, then the deliverable will be considered to be accepted. A Request for Extension or a Rejection Notice shall be deemed to be delivered to Professional at the date and time it is emailed from the City to Professional. Upon receipt of a Rejection Notice, Professional will use commercially reasonable efforts to cause the Deliverable to conform to the Specifications in all material respects. The project timelines set forth in this Contract and any Support or Minor or Major Tasks assume that the City and Professional will proceed with reasonable efforts to provide timely deliverables, and provide timely and reasonable feedback, decision-making, access, resources and other such support as may be needed to successfully complete the Scope of Work. Failure to provide such support, on the part of either party, may impact the timing of the work. Except as expressly set forth in this agreement, Professional disclaims all warranties, whether express, implied or statutory. Professional will not be responsible for nonconformities arising from DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 42 Agreement Professional Services Page 3 inaccurate, inauthentic or incomplete data or information provided by or through the City, or for failures or delays arising from lack of cooperation. Professional disclaims all responsibility for the provision, use and functionality of third-party services, software and products, including salesforce.com. Professional, as the prime contractor, warrants the quality and functionality of its work, including configurations and customizations it performs as a part of this contract, for a period of 14 days beyond their deployment in the HomeTrek production environment. Nothing in this paragraph shall be deemed to excuse Professional from any liability or consequences due to negligence, from the requirements in Section 4, or from the responsibility of any other section of this contrac t. Professional shall be fully responsible for all acts and omissions of its subcontractors to the same extent that Professional is responsible for the acts and omissions of persons directly employed by it. The final deliverables to be provided by the Professional shall conform to the specifications described in the Statement of Work including any Minor task agreements or Major task Work Orders developed under that Statement of Work. Where deliverables, including software functionality and sec urity, are reported as not conforming to the applicable specifications, the Professional shall correct all such non-conformances that are reported to Professional within a period of thirty (30) days unless a different time period is mutually agreed upon in writing by the City and the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional for all work performed. The fees for work performed by Professional and associated annual software licenses and services shall not exceed those rates set forth in Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten (10) days from receipt of Professional's bill. Professional shall provide detailed invoices to City for work completed. Invoices must include: • Work hours and charges by role by day • Brief description of the work in progress or accomplished • Task Order Number, if applicable Approved invoices shall be paid in net 30 days from the date received by the City. 4. Disputed Fees. In the event that City disputes, in good faith, any charges on an invoice, it shall notify Hexaware Industries of such dispute within seven (7) business days of the receipt of the respective invoice and the parties shall resolve the dispute in good faith within fourteen (14) calendar days following City’s notice to Hexaware thereof. The City shall hold back payment on any disputed invoice until all issues are fully resolved. 5. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 43 Agreement Professional Services Page 4 this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agre ement. 6. Non-Assignability. Both parties recognize that this Agreement cannot be transferred, assigned, or sublet by either party without prior written consent of the other, except to its wholly owned subsidiaries. Subcontracting, if authorized, shall not relieve Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees., each of whom shall, for this purpose be deemed to be an agent or employee of Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any subcontractor. Professional shall fully inform each of its permitted subcontractors hereunder of all of the provisions and requirements of this Agreement relating to the work to be performed and/or the services or materials to be furnished under such subcontract. Without limiting the generality of the foregoing, Professional will not disclose any confidential information of the City to any third party subcontractor unless and until such subcontractor has agreed in writing to protect the confidentiality of such confidential information in a manner that is no less restrictive than that required of Professional under this Agreement, and then only to the extent necessary for such subcontractor to perform the services subcontracted to it. 7. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and Professional respectively and their agents, representatives, em ployee, successors, assigns and legal representatives. Neither the City nor Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 8. Third Parties. 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 Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 9. Termination of Professional Services Professional or the City may terminate Professional Services component of this Agreement, without specifying the reason therefor, by giving notice of sixty (60) days, in writing, addressed to the other party, specifying the effective date of the termination; provided, however, that neither party will terminate this Agreement for breach without first giving the other party thirty (30) days to cure the breach. Upon termination of the Agreement the City will compensate Professional for fees earned up to the effective date of termination. Breach includes but may not be limited to negligence, major defects, or repeated moderate defects. Upon any termination, all finished or unfinished deliverables specified in the Scope of Work (such as documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by Professional pursuant to this Agreement) shall become the property of the City and subject to receipt of all payments under this Agreement and shall be returned to the City or made available to the City to easily retrieve. Professional may store, but not use or share, the City data in its system for a period of up to twelve (12) months. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 44 Agreement Professional Services Page 5 The parties agree that on the termination of the provision of the services, Professional shall, at the choice of the City, return all the personal data transferred including any data storage media supplied to Professional, and the copies thereof to the City or shall destroy all the personal data and certify to the City that it has done so, unless legislation imposed upon Professional prevents it from returning or destroying all or part of the personal data transferred. In that case, Professional warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. In the event of termination prior to completion of Minor or Major Tasks, fees will be paid for work completed to date, up to the point of termination. 10. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 11. Indemnification and Liability Limits. Professional agrees to indemnify and hold harmless the City, its officers and employees from and against all liability, claims, and demands arising from bodily injury, personal injury, sickness, disease, death, or tangible property loss or damage, to the extent and for an amount represented by the degree or percentage of such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, gross negligence or willful misconduct of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Notwithstanding any provision in this Agreement to the contrary, to the fullest extent permitted by applicable law, (a) in no event shall either party be liable under this Agreement for special, consequential, incidental, indirect, punitive or exemplary damages, including any lost data, lost profits or costs of procurement of substitute goods or services or downtime costs, regardless of whether such damages are foreseeable or a party has been advised of the possibility of such damages and notwithstanding any failure of the essential purpose of this Agreement; and (b) professional’s aggregate liability on all claims of any kind arising out of this Agreement, whether based on contract, warranty, tort, strict liability or otherwise, shall in no event exceed the sum of all fees paid during the twelve (12) months immediately preceding the date to which such claim arises, irrespective of the nature of the claim which results in such DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 45 Agreement Professional Services Page 6 liability and whether based on contract or tort or any other theory of law to professional under the applicable SOW as of the date of the cause of action; provided, however, that neither party’s liability shall be limited with respect to personal injury, tangible property damage or claims or losses premised on such party’s gross negligence or willful misconduct. City’s Indemnification To the extent allowed by law, City shall indemnify, defend and hold harmless the Professional and its directors, officers, employees, agents, Affiliates and subsidiaries against and from all losses, judgments, damages, claims, liabilities, costs or expenses (including without limitation, reasonable attorneys’ fees and expenses) that may at any time be incurred by any of them: a) relating to bodily injury, death or real or tangible personal property damage (excluding software, data and related documentation) resulting from City or City agents’ willful misconduct or gross negligence; and b) in connection with infringement of any third-party rights caused by any of the inputs/materials provided by City or breach of any other terms of this Agreement. c) any breach of confidentiality provisions under this Agreement 12. Professional’s Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations of Professional pursuant to Section 14 below (Completeness of Agreement). Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 11 (Indemnification) above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain and shall cause any subcontractor of Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with reputed insurers/ reinsurers. All coverages shall be continuously maintained to cover all lia bility, claims, demands, and other obligations of Professional pursuant to Section 11 (Indemnification) above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers’ Compensation insurance (only applicable for the service performed in US) to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance (only applicable for the service performed in US) with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 46 Agreement Professional Services Page 7 (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provi sion. (iii) Comprehensive Automobile Liability insurance (only applicable for the service performed in US) with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each of the Scope of Work. The policy shall contain a severability of interests provision. If Professional has no owned automobiles, the requirements of this Section shall be met by each employee of Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above (except for Workers Compensation, Employer’s Liability and Professional Liability) shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, that Professional confirm that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which after providing 15 days prior notice to Professional, City may at its discretion procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 47 Agreement Professional Services Page 8 by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., a s from time to time amended, or otherwise available to City, its officers, or its employees. 13. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 48 Agreement Professional Services Page 9 14. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 15. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 16. Integration and Modification This written Agreement along with the Exhibits shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. Modifications to the Statement of Work shall be mutually agreed upon in writing between the parties and will be governed by the terms and conditions of this Agreement. Changes in scope will include modifications to the Statement of Work and any applicable milestone payments, with the exception of clarifications of the details of the scope, or substantially equal substitutions. Professional shall not be obligated to provide the work required by a change in the Statement of Work until such time as a change order is agreed to in writing by both Professional and the City. Any work outside the scope of the agreement and done so prior to the mutual agreement in writing of a change order is done at Professional’s sole expense. Minor changes associated with the finalization and clarification of requirements as occurs during the design phase of the project will not result in additional expense to the City, nor will substantially equal substitutions. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed herein: Hexaware Attn: Ayesha Nair Address: Bldg. #152, Millennium Business Park Sector-III, A Block TTC Industrial Area Mahape Navi Mumbai 400710 Email: ayeshan@hexaware.com DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 49 Agreement Professional Services Page 10 City of Aspen Attn: Diane Foster, Interim APCHA Director Address: APCHA Offices 210 E. Hyman Aspen, CO 81611 Email: diane.foster@cityofaspen.com 18. 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 HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 50 Agreement Professional Services Page 10 (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contract ed with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. 19. Confidentiality and Proprietary Rights. The terms of confidentiality as specified in Part 3, Sections 1 and 2 of Exhibit B apply, in addition the terms below apply: DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 51 Agreement Professional Services Page 11 Certain information furnished or disclosed by Professional or the City (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with the performance of their respective obligations under this Agreement may contain or reflect confidential information with respect to the disclosing party. "Confidential Information" means all information disclosed by the Disclosing Party to the Receiving Party under this Agre ement that is clearly marked or otherwise clearly designated as “confidential” or that is or should reasonably be understood by the Receiving Party to be confidential. The Disclosing Party’s Confidential Information shall not include any information that: (i) is or becomes part of the public domain through no act or omission of the other party; (ii) the Receiving Party can demonstrate was in its lawful possession prior to the disclosure and had not been obtained by it eithe r directly or indirectly from the Disclosing Party; (iii) the Receiving Party can demonstrate was independently developed by the Receiving Party without access to the party’s Confidential Information; or (iv) the Receiving Party can demonstrate was received from a third party without breach of any confidentiality obligation. To the extent permitted by public disclosure laws, the Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence, not to disclose such Confidential Information to third parties not authorized by the Disclosing Party to receive such Confidential Information, and not to use such Confidential Information for any purpose except to perform its obligations under this Agreement. The foregoing prohibition on disclosure of Confidential Information shall not apply to the extent Confidential Information is required to be disclosed by the Receiving Party as a matter of law or by order of a court, provided that: (i) the Receiving Party uses reasonable efforts to provide the Disclosing Party with prior notice of such obligation to disclose to allow the Disclosing Party to obtaining a protective order from such disclosure; and (ii) the Receiving Party only discloses that portion of Confidential Information which it reasonably believes, based on the advice of counsel, is required to be disclosed. Nothing contained in this Agreement shall restrict either party from the use of any general ideas, concepts, know-how, methodologies, processes, technologies, algorithms or techniques retained in the unaided mental impressions of such party's personnel relating to the Services which either party, individually or jointly, develops or discloses under this Agreement ("Residual Knowledge"); provided, however, that in doing so such party does not (a) infringe the intellectual property rights of the other party or third parties who have licensed or provided materials to the other party, or (b) breach its confidentiality obligations under this Agreement. 20. Technical Support and Personnel (a) Representative: Professional and City shall each appoint appropriate representatives to deal with operational services and tra nsitions as may be necessary for the purpose of implementing this Agreement. (b) Personnel. Professional shall recruit and maintain personnel (i) adequately trained and skilled to perform its obligations under this Agreement and (ii) possessing at least such training, knowledge and experience as is regarded as industry standard in the provision of the tasks to which they are assigned. The City reserves the right to request new personnel at any point during the project at Professional expense. Professional shall bear the cost to train and/or familiarize new personnel regardless of the circumstances for having to do so. 21. Professional’s Responsibilities DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 52 Agreement Professional Services Page 12 • To appoint suitable Project Manager(s) and t eam of consultants as required for the contract. • To adhere to the time schedules, quality expectations and budget specified. • To obtain necessary sign-off/acceptances from the City. • To report the ongoing status of the project to the City. • To define standards and procedures to be used • To effectively communicate requirements and standards to the technical team • To assure the technical team accurately and efficiently codes/customizes the system • To assure that solutions meet performance and other requirements of the Salesforce product and any other product used in development • To assure that deliverables are ready for user testing prior to sending them to the City • To resolve bugs and issues in a timely manner, per the parameters of Section 2 of this agreement • To maintain historic versions (where applicable) • To deliver a fully functional reliable repairs and enhancements to the HomeTrek system 25. APCHA’s Responsibilities • To identify and depute suitable person (s) for co-ordination with Professional. • To provide information to Professional pertaining to City organization, procedures, and existing systems wherever applicable. • To provide necessary tools/facilities to Professional where mutually agreed upon. • To inform Professional immediately about any factors possibly affecting the scope of the project or its successful implementation. • To protect Professional proprietary information if applicable • To prepare the acceptance plan and perform acceptance testing • To communicate testing success or rejection in a timely manner, per the parameters of Section 2 of this agreement 26. Joint Respon sibilities • To conduct joint reviews of the project at the mutually agreed stages. • To co-operate and ensure timely, free flow of information • Additional joint responsibilities as specified in Exhibit A, Statement of Work, particularly with respect to communication and proje ct management 27. System and Network Secu rity, Access, Software and Tools (a) Security Procedures and practices Professional is required to implement and maintain security procedures and practices that protect City owned data and personal identifying information (PII) from unauthorized access, use, modification, disclosure, or destruction. Professional shall use industry-standard best practices and up to date security tools, technologies and procedures to protect such data and PII. Professional shall prevent the transfer of malicious software that could infect Ci ty computers, systems, or networks to City computers via the connection from the Professional’s system. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 53 Agreement Professional Services Page 13 Professional represe nts that its security measures do, and will at all times, comply with any security requirements outlined in Section 28 below. At its discretion, the City may require additional specific security measures to protect its data, network access, software and tools. Professional agrees to comply with all such provisions in the course of its work. (b) Data Security Breaches and Reporting Procedures The City is required by Colorado Statutes (CRS 6-1-716) to notify its residents of a Data Security Breach involving their personal identifying information. Professional is under a strict obligation to notify the City of a Data Security Breach within 24 hours of the Professional becoming aware of a possible breach of their systems. In the event of a breach the Professional is required to provide those details that are known about the breach to the City. Such details include, but are not limited to the following: • How the breach was stopped and access to the system removed. • The date and time, estimated date and time, or estimated date range of the security breach; • A description of all the information that was acquired or potentially acquired as part of the security breach; • What format the information would have been in and how likely would it be that information could become readable by whomever perpetrated the breach. The Professional’s requirement for notifying the City is not to be delayed in order to complete a forensics investigation or because further research might be needed. Additional information that may be developed later will be shared with the City as it becomes available. The Professional agrees to provide any reasonable assistance as is required by the City to facilitate the handling of any Data Security Breach in an expeditious and compliant manner. The Professional will provide the City a remediation plan for repair of the system, mitigation of any known vulnerabilities, and prevention of future beaches. In the event of a Data Security Breach at City’s location, City will alert the Professional about the incident within 24 hours of the City becoming aware of the breach. The City will work with the Professional to determine if any additional security controls are to be implemented. This provision does not preclude the City from seeking a remedy via court in the State of Colorado. (c) Resolution of disputes regarding Personal Data In the event of a dispute or claim concerning the processing of Personal Data against either or both parties, the Parties will inform each other about any such disputes or claims and will cooperate with a view to settling them amicably in a timely fashion. The Parties agree to respond to any generally available non-binding mediation procedure initiated by either of the parties. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The Parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes. Each Party shall abide by a decision of a competent court in the State of Colorado. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 54 Agreement Professional Services Page 14 28. Warranty. Generally, Professional warrants that a) all work performed in connection with the agreement was performed in a competent, Professional and workmanlike manner, and of industry standard quality; b) all work performed and all deliverables comply with applicable laws; c) all work performed and all deliverables were provided in accordance with and confirm in all materials respects to all specifications and requirements set forth in this agreement and any associated Change Orders; and that d) all deliverables will perform as expected individually and as a total system. Professional agrees to complete all testing needed to verify accurate and complete functioning. 29. Acceptance Criteria The Professional warrants that the work completed under this contract will meet the Acceptance Criteria below. These criteria will be used by the City to guide its decision-making regarding whether to reject deliverables, including software functionality and security, but may not be the only basis upon which rejection occurs. The acceptance criteria include: • Successful (error-free) execution of all functional test cases developed for acceptance testing. • Successful (defect-free) completion of all agreed-upon requirements as mutually agreed upon • System response times t hat are reasonable, such that time-out or other errors are avoided and significant delays in processing do not otherwise occur. • Successful passing of system security tests, as initiated by or requested by the City. • Successful passing of tests related to individua l user permissions and security. • System stability, as reflected by consistent performance and results over time The intention of the above Acceptance Criteria is to more specifically capture the attributes of a system that is functioning without defects as the Professional builds and integrates new functionality. 30. General Terms. a. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. b. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. i. Professional warrants tha t no person or selling agency has bee n employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Professional for the purpose of securing business. ii. Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 55 Agreement Professional Services Page 15 iii. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontrac tor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by Professional; and 4. Recover such value from the offending parties. c. Mediation: Prior to pursuing other legal remedies (i), all disputes shall be submitted to non- binding mediation by written notice given by either Party to the other Party. Except as otherwise expressly provided herein, the mediation process will be conducted under the American Arbitration Association’s (the "AAA") Commercial Arbitration Rules and Mediation Procedures (including Procedures for Large, Complex Commercial Disputes) (collectively the "AAA Rules"). If the Parties cannot agree on a mediator, a mediator will be designated by the AAA at the request of a Party. The mediation shall be conducted in Colorado. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. d. Governing Law. This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. e. Taxes, VAT, & Service Tax. Professional and the City shall each bear sole responsibility for all US taxes, assessments, and other real property-related levies or property taxes on its owned property. The City shall be responsible for Service tax, GST, or Value Added Tax or similar taxes applicable on the sale of services or goods. f. Non-Solicitation: Each party agrees that during the term of this Agreement and for a period of one year thereafter, it will not and will procure that its Affiliate will not directly or indirectly, either on its own account or in conjunction with or on behalf of any other person, hire solicit or endeavor to entice away from the other pa rty any person who, during the term of this Agreement has been an officer, manager, employee, agent or consultant of the other party. 31. Records to be Kept by Professional. Professional shall make available to the City if requested, true and complete records, which support billing statements, reports, deliverables, performance and all other related documentation to this agreement (the Documentation). The City’s authorized representatives shall have access, at any time during reasonable hours and with reasonable advance notice, to all records that are deemed appropriate to auditing the Documentation at Professional’s offices or via email and without expense to the City related to copying or document access. The Consultant agrees that it will keep and preserve for at least seven (7) years all documents related to the Agreement which are routinely prepared, collected or compiled by Professional during the performance of this Agreement. 32. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 56 Agreement Professional Services Page 16 33. Waiver of Presumption. This Agreement was negotiated and reviewed 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 the Agreement. 34. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to this agreement and was determined by the City to be satisfactory to the City. 35. Electronic Signatures and Electronic Records. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together sha ll constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 36. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in her absence). 37. Authorized Representative . The undersigned representative of Hexaware Industries, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 57 Agreement Professional Services Page 17 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: _ [Signature] [Signature] By: By: [Name] [Name] Title: Title: _ Date: Date: Approved as to form: City Attorney’s Office DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A Ayesha Nair Legal Counsel 1/2/2021 | 7:49:21 PM PST 58 1 Exhibit A. Statement of Wor k for An nual Professional Services From Hexaware for the HomeTrek System (contract num ber 2020-096) Executive Summary This SOW confi rms the understanding between APCHA and Hexaware with respect to providing detailed design, devel opment, Quality Ass urance and Sales force Administration services for HomeTrek application s upport. The term of this SOW is effective as of February 01st, 2021 until Dec 31st, 2021, unless terminated earli er in accordance with th e terms and conditions of the Master Services Agreemen t. It includes all work requested of Hexaware by the Di rector of APCHA (th e Direc tor) or thei r delegated repres entati ve (th e Representative), for fixing bugs that may become known during us e of the system, outside of the W arranty Period, and for new or enhanced functionality not covered by the original project contract and its amendments. Scope Duration - First 3 Months – Start Da te – Feb 01st, 2021 , End Da te – Apr 30th, 2021 This scope of work includes tasks classified by Hexaware as L2 and L3: • Application Maintenance, Support for HomeT rek Salesforce application • L2 incl udes s upport for business requests , incidents, and user management enhancemen ts requiring 40 hours or les s of time individually • L3 incl udes resolving technical and integration bugs and minor enhancements requiring 40 hours or less of time i ndividually • This includes testing support and deployment of changes done by Hexaw are to production. • Cri tical items handled wi thin the 6:00 am M ountain Standard Time to 10:00 am Mountain Standard Time service availability window. • Four (4) on-call critical reques ts can be initiated and handled for the hours from 10:00 am Mountain Standard Ti me to 06:00 pm Mountain Standard Time. Duration - 8 Months – Start Date – May 01st,2021, End Date – Dec 31st, 2021 This scope of work includes tasks classified by Hexaware as L2 and L3: • Application Maintenance, Support for HomTrek Sales force application • L2 incl udes s upport for business requests , incidents, and user management enhancemen ts requiring 40 hours or les s of time individually DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 59 2 • L3 includes resolving technical and i ntegration bugs and mi nor enhancements requiring 40 hours or less of time individually • This includes testing support and deployment of changes done by Hexaw are to production. • Cri tical items handled wi thin the 6:00 am M ountain Standard Time to 10:00 am Mountain Standard Time service availability window. • Four (4) on-call critical reques ts can be initiated and handled for the hours from 10:00 am Mountain Standard Time to 06:00 pm Mountain Standard Time duri ng the period from Ma y 01st,2021 to December 31st,2021. Scope Exc lusion • 24x7 support, weekend support. • Any bug, enhancemen t requiring more than 4 0 hours of development • Development of any application other than Sales force • Data cleansing of any legacy data • Preparati on and execution of UAT test cases and test data • Organization Change Management & Commu nication Assumptions • All deliverables will be in English • Bugs or defects in the Salesforce software products . If any Sales force platform related s oftware bugs or defects are encountered during the project, Hexaware will provide a suitable work around, if possible. Hexaware will assis t in the technical documentation which needs to be shared with Salesforce to get issue resolved, and will communicate/interface with Salesforce on behal f of APCHA to work on any s upport tickets or cases crea ted • Any additional cost for the AppExchange, third party products required for this project wi ll be taken up by APCHA • Upon noti fication by Hexaware that updates have been deployed in the test environment: APCHA will promptly perform s print tes ti ng and UAT and shall provide findings of such tes ting to Hexaware. • APCHA s hall provide Hexaware with read only access to the Production environment to investigate and troubleshoot identified issues. • APCHA to addres s all s oftware license procurement and cos t • All the time spent by the consultants on tasks required for the project i .e.; meetings, requirements discussions, Analysis, Documentation, Phone calls, Emails, any reports will be charged to the projec t. • Project costs estimated in this SOW are bas ed on Hexaware offshore consultant and rate. If APCHA asks Hexaware for onsite cons ultant, the same will be estimated, mutually discussed with APCHA and charged accordingly. • APCHA will notify Hexaware of its acc eptance and/or rejec tion of the deliverables/services within five (5) business days after deployment of the solution to the test envi ronment, and subsequently, within five (5) business days after deployment of the solution to the DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 60 3 production environment, failing which the s ame shal l be deemed accepted by the Customer." In the event the Customer is unable to provi de acceptance or rejection within 5 days, the Customer can extend the deliverable review time by informing Hexaware in writing within the 5 day period that more time is needed. • The average 10 hours per week of efforts for the first 3 months wi ll not include the on call s upport hours for critical reques ts from 10 am Mountain Standard Time to 06:00 p m Mountain Standard Time Task Approach No tas ks can be started under this SOW without fi rs t: 1. APCHA recei ving a lev el of effort estimate (LOE) from Hexaware, to include the time and cost of the r eques t; 2. Hexaware ob taining written permission to proceed from the APCHA Direc tor or Representative, followi ng the protocols specified bel ow APCHA will bring issues with existing functionality or reques ts for new/enhanced functional ity to Hexaware for the initi al development of an L OE. If necessary, Hexaware will request clarifications prior to developing the LOE. Minor and Major Tasks A minor task i s defined as one that has an LO E estimate of 10 or fewer hours of effort. The LOE estimate, as well as the agreement to proceed, can be communicated in writi ng via email or other recorded method as agreed to mutually to by the Hexaware Projec t Manager and the Director or Repres enta ti ve. Hexaware and APCHA will develop and agree to use a method for trackin g time and funding committed to minor tasks. A major task is defined as one that is estimated in the LOE to take more than 10 hours of effort and up to 40 hours of effort for an indivi dual requirement or mutually agreed upon s et of requirements . For major tasks , a work order form, using the Work Order Template included in this SOW, must be completed and signed by both parties. Major tasks may include one or more related or unr elated subtasks, at the dis cretion of the Di rec tor or Representative and as mutually agreed to by Hexaware. Hexaware and APCHA will develop and agree to use a me thod for tracki ng time and funding committed to major tas ks . Electronic signatures are acceptable. Tasks that take more than 40 hours are out of scope. A separate contract i s required for s uch tasks, so that a higher level of resource commitment and tail ored s kills can more readily be brought to bear. Sprints To the exten t feasible, work under this SOW s hal l be organized into sprints , and a sprint schedule developed. This may not be necessary, however, for one-off minor tasks. Sprints shall include the following components: 1. Requirements elaboration 2. Hexaware d evelopment 3. Hexaware QA/testing DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 61 4 4. APCHA QA/testing 5. Bug fixes by Hexaware that are ou tside of the Warranty Period 6. APCHA QA/verification If necessary, additional iterations to fix bugs will be i ncluded. Accuracy of Work Accuracy of work is paramount so that time, effort and cost for APCHA and Hexaware are reasonable. This means that:  LOE estimates s hould be carefully developed. Once agreed upon, the LOE esti mate cannot be exceeded without written p ermission from APCHA. Repeated underestimates of LOEs by Hexaware may result in requests for different staff, neg otiati ons to reduce per hour paymen ts, or other steps to keep LOE costs in keeping with the esti mates provided, up to and including dismi ssal of the vendor and terminati on of this contract.  Hexaware tes ting s hould be thorough. Functionality should not be rel eased for APCHA to test until after Hexaware has verified that the functionality is working as i ntended  Testing i nstructions to s taff should be complete and accurate. Testing documentation provided by Hexaware for APCHA should be easy to understand, correct and complete. In addition:  The Professional, as the Salesforce expert, will take steps to make s ure it understands requirements and the cos t and system impli cations of meeting such requirements before star ting work  The Professional will put in place appropriate protocols s uch that new major errors and/or repeated repairs of the s ame problem do not occur as t he s ystem is modified, and, if they occur, such errors/bugs are not pus hed to production  Proposed soluti ons are sufficientl y tested by the Professional to understand whether th ey are working, prior to presenting them to APCHA for testing  Solutions developed by the Professional will work with mi nor to no bugs when initially presented to APCHA for tes ting, and can be debugged by the Professional without major redesign Work Order Template The following work order template mus t be completed prior to s tarting for all major tasks. This work order template may be used for as many additional project tasks as City and Professional agree wi ll be performed under the terms, conditions, and rate of pay in this Agreement. Each work order will include the fol lowing components: WORK ORDER NUMBER: numb er .year PART 1.0 DESCRIPTION OF NEED (to be compl eted by APCHA) • Description of gap(s)/bug(s) to be addressed or enhancement(s) requested • Description of steps taken to produce the error(s ), i f appli cable • Priority level assigned (critical, high, medium, low) PART 2.0 SCOPE OF SERVICES • Description of how the vendor wi ll complete the task(s) DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 62 5 • Sprint Number and Schedule • Professional’s res ponsibilities • APCHA responsibiliti es PART 3.0 PROFESSIONAL’S LOE ESTIMATE • Hours and resources to be used • Total estimated fee, including hourly rates by resource PART 6.0 BUDGET STATUS • Unencumbered budget prior to work order completion • Unencumbered budget after compl etion of the work order PART 7.0 SIGNATURES • Signature of authorized persons from both A PCHA and Hexaware So long as mutuall y agreed upon, a single Work Order may i ncl ude multiple tasks. No Work Order shall be binding or enforceable unless and until it has been properly executed by both the APCHA and the Prof essional, i ncluding signatures. SER VICE LEVELS Servic e Response Times Hexaware staff and wil l respond to all initial requests within the schedule bel ow in Table 1. APCHA may initiate requests via phone or emai l, or other notification system as mutually agreed upon by APCHA and the Professional. In the case there is a dispute about the Severity/ Priori ty of an item, APCHA and Hexaware will mutually make the final decision on the level of Severity/ Priority. The below schedule applicable to Hexaware will be based on the start date and time of the assignment of request to Hexaware by APCHA and not from the created Datetime. The calculations will be based on the Hexaware offshore business hours availability. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 63 6 Table A1. Res ponse Times for Sys tem Bugs and Enhan cement Requests SEVERITY INITIAL RESPONSE FURTHER FOLLOW-UP DESCRIPTION 1 – Critical Immedi ate 8 Business Hours System down* or a c ritical defect inhibiting the majority of users from performing key tasks, with no workaro unds. 2 – High Within 1 Busines s Day 2 Business Days Important defect that significantly impacts performance of a l arge number of users, but a workaround exists. OR A cri tical defect inhibiting a small number of users from performing key tasks with no workarounds. 3 - Medi um Within 2 Busines s Days 10 Business Days to devel op LOE Enhancement that improves usability for the majority of users or a non-critical defect. 4 – Low Within 5 Busines s Days 15 Business Days to devel op LOE Enhancement that improves usability for a smal l set of users or is cosmetic i n nature. Configuration changes. * System down issues should also be logged wi th Salesforce. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 64 7 EXHIBIT B. FEE SCHEDULE Rates and Staffing The following res ources will be made available, as needed, at th e hourly rates below: Table B1. Roles and Hourly Rates Role Offs hore Rate ($/Hr) Onsite Rate ($/Hr) Project Manager 35 135 Sol uti on Archi tect 45 145 Business Analyst 35 140 Salesforce Consultant 35 135 Salesforce Dev eloper 30 130 These rates will change every year starting from January 01st,2022 with an increas e of 5% i n rates as adjustment of COLA. Only offshore resources are i ncluded in this contract. However, Hex aware commits to provi de, in addition, management overs ight, training and i nternal support from res ources involved wi th the original project team (regardl ess of where those resources may be located) as needed to the extent possible provided the consultant is part of Hexaware o rganization. This contract has a not to ex ceed amount, and rates will be charged on a times and materi als basis only, with the following exception: Unti l 3 months (12 weeks) after Phas e 2 warranty, the following will apply: • Hexaware will provide an average of 10 hours of support per week, at a ra te of $35 per hour. The on-call support for critical reques ts will be over and above th e 10 hours of support per week • The Ci ty wil l pay for minimum 40 hours of s upport per month • Ti me not used in a week can be carried forward to subsequent weeks, except tha t any services not used by the end of the month will s till be charged, such that the Professional is paid for a minimum of 40 hours of services per month • Hexaware will provide the on-call s upport for Critical reques ts after 10 am Mountain Standard Time at a ra te of $45 per hour. The on-call support hours wil l not be part of the 10 hours of support per week. After the end of the 3 mon th after Phase-2 warranty, all charges will be time and materials only, and as reflected in mi nor task agreements and major tas k work orders . The anticipated average b urn rate per month after the first three months pos t go-live i s approxi mately $2,800-5,600 per month. However, the actual burn rate by be l ower or higher in a given month, based on agreed up minor and major tas ks . Monthly reporting of hours and funding consumed will be provided to APCHA. Invoice content will follow the direction provided in the Professional Services Agreement attached as a part of this contract. DocuSign Envelope ID: 03DBAE71-B234-4F95-825A-8AD254027D6A 65 1 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 3RD, 2020 At 4:30 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow, Mullins and Hauenstein joining via video conference. COUNCILMEMBER COMMENTS: Councilwoman Mullins said there will be a CML policy meeting tomorrow at 10:00 a.m. Councilwoman Richards thanked the BOCC and other members of the Board of Health for the meeting they had on Tuesday night. Mayor Torre reminded everyone that we are having an executive session tonight. CITY MANAGER COMMENTS:None. BOARD REPORTS: Councilwoman Mullins said she had theAnnual Conservation Corridor Assessment today and that it was a robust meeting. They looked at Rio Grande Trail to see if there are any encroachments and determine if there are any changes to be made. Councilman Mesirow said he attended the Northwest COG today, and discussed budget and small amendments to the code of conduct. Councilman Hauenstein had a subcommittee meeting for CORE and sussing out core builders. We will have another meeting on Monday the 7th, and another full CORE special meeting on the 17 th. Mayor Torre said that the Board of Health will be meeting again next week. Jim True introduced the executive session. Councilwoman Mullins motioned to move into executive session, Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; 66 1 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 8TH, 2020 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow, Mullins and Hauenstein joining via video conference. CITIZEN COMMENTS: Lee Mulcahy – Mr. Mulcahy said he has proposed a new settlement to APCHA. He referenced an article in the paper about APCHA and evicting people during the pandemic and read an excerpt. He said you all know me because he used to work three jobs when he was a ski instructor. You can’t do this and not let us rent it back. He said he is justified to use force against an attack. All it needs is three votes to direct staff to look at the settlement, and he urged council to do this. Andrew Isreal – Mr. Isreal said he is here in an effort to protect Wagner Park and is here representing the non-profit, Protect Wagner Park. He still remains steadfast in his desire to keep open spaces open to the public. He said that based on past history, Food & Wine causes damage to the park, and feels the solution is to put the tents on the streets. Corey Bryndal – Mr. Bryndal is here representing the Motherlode. He lives in Crested Butte, and has a 48 year run and is looking for a lot more. He has made many upgrades for the event this next year and it has low to moderate effect on Wagner Park. He said they have good proximity by using Wagner, and the dates would be September3rd, 4th and 5th. The finals happen at Koch Lumber Park. We want to preserve the Labor Day date and have adequate field capacity. Please work with us to make this the best event possible. COUNCILMEMBER COMMENTS: Councilman Hauenstein said he would like to see an agenda item added for the Food & Wine discussion in September. Councilwoman Richards said it’s important to be safe and not let up. The vaccination is exciting, but it’s going to take time. Let’s continue to keep our guard up these last few months. She’s so tired of zoom meetings, but let’s hold on a little longer. Councilwoman Mullins said she is still thinking about Art and the terrible loss. Everyone is dealing with such loss in many different ways right now. Let’s try and celebrate the holidays and be thankful for the people you have around you. We are going to get through this. Councilman Mesirow wished happy holidays to everyone. Mayor Torre said this is potentially the last public meeting for the year. He is wishing a wonderful end to 2020 and looking forward to turning the page on the calendar. He is remembering Art Daily again and said he will not soon be forgotten. He served on council and served as a source of inspiration for so many of us. Best wishes to his family right now. We are still fighting for our community and our livelihoods. We need continued community collaboration and cooperation. Testing is more available than it’s ever been. We have seen numbers turning in a different direction, but let’s continue the 5 commitments of containment. Let’s get through the holiday season without full closures. AGENDA AMENDMENTS: City Manager, Sara Ott, suggested putting the Food & Wine discussion under Action Items. 67 2 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 8TH, 2020 CITY MANAGER COMMENTS: Ms. Ott said we will bepublishing an info only packet on December 18 th. The Board of Health is meeting this Thursday at 1:00 and then there will be a community meeting at 6:00 pm. Join via Pitkin County website. The testing has been expanded throughout the valley. They are giving over 500 tests per day at this point. There is access at the airport, city hall, Snowmass city hall, Clark’s, etc. She asked to bring attention to the info only packet on update on the Bidwell building, parking and the arts and cultural impact study. City Attorney, Jim True, pointed out that Ms. Simon is doing her Action Item first and then the ordinance so they are in order and are clearly related. It would be more appropriate to put the Food & Wine discussion ahead of Resolution #104. BOARD REPORTS: Councilwoman Mullins said there is a RFTA meeting this Thursday that she will attend. Councilman Hauenstein said there was a committee meeting for CORE. Councilman Mesirow said there is an APCHA meeting tomorrow. There will be an adoption of a workplan and strategic plan. A survey will go out to the public as well. CONSENT CALENDAR: Councilwoman Richards asked if someone should explain the Mill Levy for the public. Mayor Torre said he would also like a brief summary of the TIA update. Finance Director, Pete Strecker, gave an overview on Resolution #96 – Mill Levy Certification. Civil Engineer, Hailey Guglielmo, gave an overview on Resolution #101 – TIA Services Agreement. Councilwoman Mullins motioned to approve the consent calendar; Councilman Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Sara Ott said that last night and today, ACRA, representatives of Food & Wine and representative of Ruggerfest had discussions on how to make this work. Ruggerfest said they are willing to adjust their schedule by one week to accommodate the change of dates for Food & Wine to take place in September this year. She encourages council to hear an update from ACRA. She said that the Motherlode would have to be moved to another location for this year only. Debbie Braun of ACRA thanked everyone for the care and conversation surrounding this. They made contact with Ruggerfest last night and look forward to working with them in collaboration. We reaffirmed the dates and choices. Devin Padgett, said we had great conversationstoday with Ruggerfest and came to an agreement of them being willing to work with us and now we just need to work out an arrangement with the Motherlode. We are in a good place now and had all positive and collaborative conversations. 68 3 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 8TH, 2020 Austin Weiss, Director of Parks and Rec, said we have provided other locations to the Motherlode in the past. There are a number of other sites to relocate matches to and it has been a success in the past. Councilman Hauenstein said he wants all three events to take place and hopes that the Motherlode can find a way to make this work. He encourages Corey to work with the city. Councilwoman Mullins said these are three wonderful events and she’s looking forward to it. It’s a great ending to the summer. Councilwoman Richards said she’s wondering if it’s time for a motion to direct Sara to continue working with Food & Wine to make this happen. Councilwoman Richards motioned; Councilwoman Mullins seconded. Councilman Mesirow offered his support and appreciation for everyone working this out. He liked Andy’s suggestion of using the streets instead of having cars there in the future. Mayor Torre said there are several items about this that aren’t comfortable. We have to make tradeoffs. In this request, September is a busy month. He enjoys Food & Wine being in June kicking off the summer, so he is looking forward to moving this back to its June home. This is an opportunity for us to work together. Ms. Ott said she can bring back the street closure policies back to council as a refresher. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. Resolution #104, Series of 2020 – 211 West Hopkins Councilwoman Mullins is recusing herself from the next two items since she is a neighbor. Amy Simon introduced the item at211 W. Hopkins. This is a 6000 square foot lot containing a Pan Abode home, which were very popular in the 50’s and 60’s. This has all the classic features and was built in 1956. This went to HPC for conceptual review twice. The 90-day period is going to expire this month, so we would like to pass a resolution extending the timeframe to January 30 th. Regarding Ordinance #22, Series of 2020, which proposes voluntary designation. They would lift the Pan Abode and put a basement underneath. The non-historic addition would be demolished and stripping down to the original cabin. The applicant would build a detached second home along the alley. They are asking for a small floor area bonus and they need to do some tree removal. The Parks department has agreed to the tree removal and to have the fees waived. They want expedited permit review and need to accommodate a transformer on the property. HPC conducted design review and it did come for notice of call up. HPC is recommending approval and they have a lot of excitement behind this project. Sara Adams of Bendon Adams, said they will save the full presentation for second reading in January. We are excited about this. Councilman Hauenstein asked if this happens often that the negotiation period is extended, and Ms. Simon said yes. 90 days is a very quick turnaround to do public noticing and have the review process, so it’s quite normal. 69 4 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 8TH, 2020 Mayor Torre asked about designation and Ms. Simon said Mountain Rescue is an example of a Pan Abode as a designation. Councilwoman Richards motioned to approve Resolution #104, Series of 2020; Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried. Councilwoman Richards motioned for first reading of Ordinance #22, Series of 2020; Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried. City Clerk, Nicole Henning, read Ordinance #22, Series of 2020. Mayor Torre said he’s interested in the other Pan Abodes and the program and what it seeks as far as preservation. Councilwoman Richards said she would like to have this separated in the future. She is not interested in calling up. There is no desire to call up from Councilman Mesirow or Hauenstein. Councilman Hauenstein just wants to make sur that his concern regarding the tree fee waiver is addressed. Mayor Torre asked if it’s appropriate to remand back to HPC or if they should have this discussion at second reading. Mr. True said it’s appropriate, under this context, to address this at council at second reading. Roll call vote: Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried. Sara Ott made an announcement that Amy Simon is to be the new Director of Planning after being the Interim Director for the past 10 months. The council congratulated her. PUBLIC HEARINGS: Resolution #106, Series of 2020 – Aspen Mini Storage Budget Pete Strecker introduced the item. Mr. Strecker said that back in February the city purchased the land adjacent to the Lumberyard using the housing development funds and the intent was to expand the footprint for housing in the future. The city has continued to operate the mini storage and is the sole member of the LLC. We need to adopt a budget for this operation and are anticipating about $620,000 in gross revenue, with a net profit of $470,000, which will flow back into the housing development fund. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilman Hauensteinmotioned to approve, Councilwoman Mullins seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #21, Series of 2020 – Compensation of Mayor and City Council Jim True said this has been brought to council at council’s request. The charter gives council authority to change or increase compensation. This proposed ordinance would increase for first time since 2001, 70 5 REGULAR MEETING ASPEN CITY COUNCIL DECEMBER 8TH, 2020 compensation for mayor and council by 1000 per month for council and mayor. This also includes participation in the city insurance program and provides for CPI increases that go into effect at the time of new term. He put one provision into the recitals regarding an acknowledgement that the job and time commitments have increased significantly since 2001. Councilwoman Richards said the county commissioners are at much different levels, but she can live with this either way. It’s important that it passes. It’s been 20 years since anyone has touched it. Councilman Hauenstein said he agrees that it’s been 20 years. Without the CPI, this would continue slipping further behind. He supports the CPI. Councilman Mesirow said he supports the CPI. Progress is progress. This year it’s an awkward conversation, but he wants to provide the best opportunity for people moving forward. Ward motioned to approve Ordinance #21, Series of 2020; Councilwoman Richards seconded. Councilwoman Mullins said it’s a good ordinance and she supports the CPI. Clarification of the insurance benefits is very important. She still thinks it should be tabled until next year, but she has no issue with council needing to be better compensated, but again, she sees others suffering. She’s uncomfortable with supporting this tonight. She would review again in 2021. She’s respectful of the work that has been put in but is also aware of the suffering going on around us. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, no; Richards, yes; Torre, yes. 4-1, motion carried. Jim True introduced the executive session regarding 312 W. Hyman and the Aspen Film Isis Lease. Councilman Hauensteinmotioned to move into executive session, Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. 71 Page 1 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THRU: Phillip Supino, Community Development Director MEETING DATE: January 12, 2021 RE: Second Reading, Ordinance #022, Series of 2020, 211 W. Hopkins Avenue AspenModern Voluntary Landmark Designation APPLICANT /OWNER: Matt Joblon, 205 S. Detroit Street , Suite 400, Denver, CO 80206, with the consent of property owner Vaughan Capital Partners, LP REPRESENTATIVE: Rowland + Broughton BendonAdams LOCATION: Street Address: 211 W. Hopkins Avenue Legal Description: Lots F and G, Block 53, City and Townsite of Aspen Parcel Identification Number: PID# 2735-124-63-003 CURRENT ZONING & USE: Single-family home, R-6: Medium Density Residential PROPOSED ZONING & LAND USE: Two detached homes, R-6: Medium Density Residential SUMMARY: The applicant has offered voluntary AspenModern historic designation of a 1956 Pan Abode home contingent on acceptance of a proposed redevelopment plan and benefits. RECOMMENDATION: Staff and HPC recommend Council support this proposal to designate 211 W. Hopkins as a historic landmark. On December 8, 2020, Council was presented with Notice of Call-up and upheld HPC’s approval of Conceptual Major Development, Relocation and Variation review connected to the designation. The applicant proposes restoring the Pan Abode home on the site to its original appearance, excavating a basement below it, and constructing a detached new home along the alley. HPC Final design review will be the last required evaluation before building permit. Site Locator Map – 211 W. Hopkins Avenue 211 72 Page 2 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 211 W. Hopkins is a 6,000 square foot lot located in the R-6 zone district. The site contains a 1956 Pan Abode, which is essentially unaltered. It is still owned by the same family that originally built it. REQUEST OF CITY COUNCIL Council is asked to address the following: • AspenModern Historic Designation (Section 26.415.025 and Section 26.415.030) for negotiation of a voluntary designation. STAFF COMMENTS: As detailed in Exhibit A, Historic Designation and Benefits, Staff and HPC support the voluntary landmarking of this property as one of the best and most intact examples of a Pan Abode home in Aspen. Exhibit A includes the application of a scoring system the City adopted to provide an objective analysis of the physical integrity of the structure under consideration for designation. The property has scored of 19 out of a possible 20 points, identifying 211 W. Hopkins as a particularly significant remaining example of a modest housing type that was common and important to the early development of the ski resort. In exchange for designation the applicant has requested the following benefits: • a tree removal fee waiver of approximately $20,000; • expedited permit review; • a floor area bonus of 135 square feet for living space and 19 square feet for deck; and • a rear yard setback variation Staff finds these requested benefits to be reasonable in consideration of the community benefit of preserving this home in perpetuity. The applicant proposes to pay all required development fees aside from tree removals, including affordable housing mitigation. The redevelopment plan is an ideal preservation outcome. The cabin is to be preserved with no addition. New construction will be detached and located at the rear of the site. At First Reading, Council asked for follow-up on general information about the purpose of the AspenModern designation program and typical historic preservation incentives. 73 Page 3 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com The purpose of the program is to recognize and protect significant and influential examples of Aspen’s history as represented by buildings, sites and objects created from 1945-1975. The City’s approach to preservation of Victorian era historic resources, which began in the 1970s, did not require owner consent for designation, but balanced that authority with a heavy emphasis on incentives and partnership with property owners. In 2000, as Aspen’s mid-century era built environment began to reach the age of 50, a threshold that has been widely used in preservation as providing an appropriate perspective to assess historical value, a community discussion of future preservation priorities became very activated. Different approaches and policies were discussed and tested over a 10-year period. Twenty-five mid-century resources were landmarked, some with consent and some without, before Council created AspenModern in 2010 as a designation process that would only seek voluntary applications to be evaluated and provided with site specific incentives tailored to the significance and characteristics of the property. In Aspen’s development environment, this voluntary, incentive-based system carries risks, and some important reflections of the community’s history, most notably The Given Institute, have been lost. The effort on the whole has been very successful, and 211 W. Hopkins is the 20th voluntary designation. While 45 landmarks representing this period of history is an admirable accomplishment for the community, it falls short of the 250 Victorian era resources preserved. (It is noteworthy that the Victoria Era in Aspen reflects a much shorter period in time than the modern era.) In a community with on-going pressure for change, the topic of what to protect, and how to accomplish this, remains very important. The development restrictions that come with designation must be balanced with incentives, or the motivation to volunteer will not occur. The date, the City’s policies and regulations are based on a balance between preservations controls and incentives to provide owners with the motivation to preserve our identified historical resources. Regarding the benefits requested for this specific project, the waiver of tree removal fees has been accepted by the Parks Department. The tree removals are primarily focused on a row of closely spaced evergreens that block the property from being able to locate parking along the alley, as preferred in the Municipal Code and Engineering standards. Staff believes this applicant request is appropriate relative to the preservation outcome. The applicant has also requested expedited permit review. The process for this is covered in a policy adopted by the Building Department. In short, a permit being provided with this status receives special attention from review agencies who “trouble-shoot” the permit with the applicant before submittal. Agencies then provide review comments for “Round 1” and “Round 2” (if needed) review, responding within four weeks of the applicant’s request, whereas there is no set response time for non-expedited permits. It is Council’s discretion to identify which projects receive this service. Expedited permit review allows projects with community value to proceed at a faster pace, with no monetary cost to the city, but with a potential financial benefit to the property owner due to a speedier construction schedule. Staff believes this applicant request is appropriate relative to the preservation outcome. 74 Page 4 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com The applicant has requested a floor area bonus, which HPC has found can be accommodated on the site without negative impact to the historic resource, which is to be preserved intact with no above grade addition. Restoration work, including removing non-historic paint from the structure and related actions have also been deemed as earning the requested bonus. Staff believes this applicant request is appropriate relative to the preservation outcome. Finally, the requested rear yard setback reduction of 2 feet (resulting of a rear yard set-back of 8 feet) is a result of leaving the historic resource in its historic location and providing adequate distance between it and the new home proposed along the alley. Staff believes this applicant request is appropriate relative to the preservation outcome. Each AspenModern designation has involved a different package of incentives. Some have included significant waivers of affordable housing fees, permit fees, and floor area incentives. It is up to Council to determine the appropriate balance to achieve designation, where appropriate. RECOMMENDED MOTION: “I move to adopt Ordinance #022, Series of 2020.” CITY MANAGER COMMENTS: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ATTACHMENTS: Ordinance #022, Series of 2020 Exhibit A – Historic Designation and Benefits Criteria/Staff Findings Exhibit B – Application 75 Ordinance #022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 1 of 4 ORDINANCE #022 (Series of 2020) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK NEGOTIATION FOR THE PROPERTY LOCATED AT 211 W. HOPKINS AVENUE, LOTS F AND G, BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-63-003 WHEREAS, the applicant, Matt Joblon, 205 S. Detroit Street , Suite 400, Denver, CO 80206, with the consent of property owner Vaughan Capital Partners, LP has requested approval for AspenModern Historic Designation for the property located at 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, Colorado; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the application, which was deemed to be complete on October 2, 2020, initiated a 90-day period of negotiation that may be extended if no agreement has been reached before expiration. Since the review process could not be completed within 90 days, City Council, through Resolution #104, Series of 2020, granted a 30-day extension of the negotiation period, from December 31, 2020 to January 30, 2021; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, “the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;” and WHEREAS, the property owner and representatives met with the Historic Preservation Commission on October 28, 2020 and November 18, 2020; and WHEREAS, at their regular meeting on November 18, 2020, the HPC considered the designation and proposed development, and found that 211 W. Hopkins Avenue is a “best” example of AspenModern era architecture. HPC recommended City Council approval of preservation benefits by a 5 to 0 vote; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property”; and WHEREAS, Section 26.415.025.C(1)d establishes that “as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;” and 76 Ordinance #022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 2 of 4 WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby finds that 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, Colorado meets the criteria for landmark designation as an AspenModern historic resource. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following benefits for the approved redevelopment of the property associated with this historic designation. Tree Removal Fee Waiver Granting of tree removal permits and waiver of all tree mitigation fees. Expedited Permit Review The building permit shall be subject to expedited building permit review consistent with the Building Department’s adopted procedure. Floor Area Bonus A floor area bonus of 135 square feet of enclosed space and 19 square feet to be used for larger outdoor decks is approved. Setback Variation A rear yard setback reduction of 2’, allowing the new residential unit to be 8’ from the rear lot line on all floors is approved. 77 Ordinance #022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 3 of 4 Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 211 W. Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation 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. 78 Ordinance #022, Series of 2020 211 W. Hopkins Avenue, AspenModern designation Page 4 of 4 Section 5: Litigation 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 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Public Hearing A duly noticed public hearing on this Ordinance was held on the 12th day of January, 2021 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of December, 2020. FINALLY, adopted, passed, and approved by a __ to __ vote on this 12th day of January, 2021. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Torre, Mayor Attest: _______________________ Nicole Henning, City Clerk 79 Page 1 of 5 Exhibit A Historic Designation and Benefits Criteria Staff Findings 26.415.030 Designation of Historic Properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. C. Aspen Modern 1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two (2) of the criteria a-d, and criterion e described below: a) The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b) The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c) The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d) The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e) The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. 80 Page 2 of 5 Staff Finding: This Pan Abode home on 211 W. Hopkins is an excellent example of the pre-fabricated kit homes that were constructed in Aspen post World War II. It exemplifies this era of development in Aspen and is recognized as a contributing style of architecture to the local context. A context paper documents this method of construction in more detail. The home that is on this property has been minimally altered, therefore, clearly demonstrates the following key features of a Pan Abode: tongue and groove cedar log construction, overlapping notches, deep overhangs with a low-pitched roof, natural wood finish, and a one- story structure. The staff integrity score for this structure is a 19 out of 20 which put this property in the “best” range for historic integrity. Although the home is not directly associated with a significant individual, this is not a requirement. Staff finds that 4 of the 5 criteria for designation are met. Staff fully supports the designation of this property that contains one of the best examples of an Aspen Pan Abode home. 26.415.030.C.1 Aspen Modern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. MET NOT MET a.The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b.The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; NOT MET c.The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d.The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e.The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Summary of Review Criteria for Section 26.415.030 - Historic Designation. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. MET Designation of Historic Properties The Historic Preservation Commission (HPC) shall evaluate the application and forward their recommendation to City Council to make the final decision. MET MET MET 81 Page 3 of 5 The designation of properties as AspenModern is voluntary and allows the applicant to request benefits on a case by case basis as follows. 26.415.025.C. AspenModern Properties. Properties associated with Aspen’s 20th century history shall be called AspenModern. Properties identified on the AspenModern Map shall be eligible for certain preservation benefits without being designated by City Council and may be awarded preservation incentives above and beyond those identified at Section 26.415.110, as follows. Property owners are encouraged to meet proactively with the historic preservation commission before undertaking development plans to receive preliminary feedback on appropriate development and benefits. 1. Ninety-Day Negotiation Period. In the case that the owner of a property on the AspenModern Map submits a land use application which includes voluntary landmark designation, a negotiation period of up to 90 days shall be initiated. A letter from the property owner indicating an understanding of this ninety-day negotiation period shall accompany the land use application. The ninety-day negotiation period may be extended an additional thirty (30) days upon a resolution adopted by the Council, or longer if mutually acceptable to both the Council and the property owner. Nothing herein shall prevent the City from reviewing any land use application or building permit affecting the subject property during the ninety-day negotiation period. Within the ninety-day negotiation period, the following shall occur: a) The Community Development Director shall offer to meet with the property owner to discuss the City's Historic Preservation Program and benefits that the property may be eligible to receive upon designation as a Historic Landmark. b) The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property’s conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a “good, better, or best” example of Aspen’s 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council. c) The Community Development Director shall confer with the City Council regarding the proposed land use application or building permit, the nature of the property, and the 82 Page 4 of 5 staff and Historic Preservation Commission's assessment of its historic significance and the effects of the application or building permit. The property owner shall be provided notice of this meeting. d) The City Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property. The City Council may choose to provide this direction in Executive Session, pursuant to State Statute. As part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations. Council shall consider the appropriateness of benefits in light of whether the property is identified as a “good, better, or best” example of Aspen’s 20th century history and shall also seek to be equitable in the benefits awarded through the negotiation process. The monetary value of benefits being requested shall be defined, to the extent possible. Council shall seek compatibility with the neighborhood surrounding the subject property. When benefits are awarded as part of the negotiation, Council shall require that the property be designated as a Historic Landmark, pursuant to the standards and limitations of Section 26.415.030, Designation of Historic Properties. As part of the mutually acceptable agreement, the City Council may choose to require the land use application or building permit that initiated the negotiation to be withdrawn by the property owner if said application or permit would have negatively affected the historic significance of the property. Once a property identified on the AspenModern Map is designated to the Aspen Inventory of Historic Landmark Sites and Structures, additional negotiation under this section is not allowed. e) If, upon the passage of 90 days or any extension thereof, the City and the property owner have failed to reach a mutually acceptable agreement, affected land use applications shall be issued a Development Order upon compliance with all applicable provisions of the City of Aspen Land Use Code. The City Council, or the property owner, may choose to terminate negotiations at any time. Staff Findings: The applicant has requested benefits related to voluntary designation, as follows. Tree Mitigation Fee Waiver: The project involves removal of a number of trees that line the back of the property, cutting off alley access. The applicant has met on site with the Parks Department and have calculated the tree mitigation fee to total $20,122.75. This is requested as a fee waiver. Staff supports this as a reasonable request. Many of the trees are placed too closely together, and alley access is necessary. Large street trees at the front of the property are preserved. 83 Page 5 of 5 Expedited permit review: The applicant requests review under the City’s expedited policy. This provides quicker response time to the initial review and processing of the building permit. Staff supports this as a reasonable request. Floor area bonus: Under the recently revised floor area bonus criteria for landmarks, this project is only eligible for a 15 square foot bonus. The project receives a 360 square foot floor area boost by taking advantage of the allowance for a historic property to have a duplex on this lot size. In order to avoid the floor area bonus becoming a “double dip,” the duplex increase of 360 square feet is deducted from the 375 square foot bonus allowance, leaving only 15 square feet. Staff supports award of the 15 square foot bonus. As a negotiated AspenModern benefit, the applicant also requests 120 square feet of bonus area for enclosed space and 19 square feet to be used for larger outdoor decks. Typically, to be considered for the bonus, it must be demonstrated that the project meets all of the following criteria: a) The historic building is the key element of the property, and the primary entry into the structure, and the addition is incorporated in a manner that maintains the visual integrity of the historic building; and b) If applicable, historically significant site and landscape features from the period of significance of the historic building are preserved; and c) The applicant is undertaking multiple significant restoration actions, including but not limited to, re-opening an enclosed porch, re-installing doors and windows in original openings that have been enclosed, removing paint or other non-original finishes, or removing elements which are covering original materials or features; and d) The project retains a historic outbuilding, if one is present, as a free standing structure above grade; and e) The applicant is electing a preservation outcome that is a high priority for HPC, including but not limited to, creating at least two detached structures on the site, limiting the amount of above grade square footage added directly to a historic resource to no more than twice the above grade square footage of the historic resource, limiting the height of an addition to a historic resource to the height of the resource or lower, or demolishing and replacing a significantly incompatible non- historic addition to a historic resource with an addition that meets current guidelines. Staff finds that the preservation approach in this project is ideal and deserving of the requested bonuses. This is a voluntary landmark designation resulting in the Pan Abode being preserved in place with no addition. The application proposes removal of non-original addition and restoration of the rear facade, removing non historic paint and shutters and restoring windows. The new construction is completely detached. 84 1) Tongue and groove cedar log construction Character Defining Features of the Rustic (manufactured) Style 4) Low-pitched roof, usually gabled but occasionally shed 7) All or most of features 1-6 must be visible at the front façade. Total Points, 0 –10 8) Natural, stained wood 2) Overlapping notches at corners 3) Original wood framed, multi-light picture window 5) Deep overhanging eaves Check box if statement is true. One point per box. 1 2 3 4 5 6 7 A building must have 6 of the 10 character defining features, either present or clearly documented through photographic of physical evidence to qualify as Rustic (manufactured) Style. Restoration may be required as part of the award of incentives. If the property earned 6 or more points, continue to the next page. If the property earned less than 6 points, scoring ends. 9) Simple, rectilinear footprint 10) One story 6) Recessed entrance with rounded or squared corners 8 9 10 85 INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. Integrity Score (this page) maximum of 10 points: HISTORIC ASSESSMENT SCORE: Best: 15 up to 20 points Better: 12 up to 15 points Good: 10 up to 12 points Not Eligible:0 up to 10 points Character Defining Features Score (first page) maxi- mum of 10 points: LOCATION OF BUILDING ON THE LOT: The bui l di ng i s i n i ts ori gi nal l ocation.2 poi nts The bui l di ng has be e n shi ft e d on the ori gi nal parce l , but mai ntai ns i ts ori gi nal al i gnme nt and/or prox i mi ty to the stre e t.1 poi nt SETTING : The prope rty i s l ocate d wi thi n the ge ographi cal are a surrounde d by Castl e Cre e k, the Roari ng Fork Ri ve r and A spe n Mountai n.1 poi nt The prope rty i s outsi de of the ge ographi cal are a surround by Castl e Cre e k, the Raori ng Fork Ri ve r and Aspe n Mountai n.1/2 poi nt DESIG N: The form of the bui l di ng (f ootpri nt, roof and w al l pl ane s) are unal te re d f rom the ori gi nal de si gn.3 poi nts a.) The f orm of the bui l di ng has be e n al te re d but l e ss than 25% of the ori gi nal wal l s have be e n re move d, OR b.) The al te rations to the f orm al l occur at the re ar of the subj e ct bui l di ng, OR c.) The f orm of the bui l di ng has be e n al te re d but the addi tion i s l e ss than 50% of the si ze of the ori gi nal bui l di ng, OR d.) The re i s a roof top addi tion that i s l e ss than 50% of the footprint of the roof. 2 poi nts MATERIALS Exteri or mate rial s The original e x te ri or mate ri al s of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the e x te ri or mate ri al s have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt Windows and doors The ori gi nal wi ndows and doors of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the ori gi nal wi ndows and doors have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt 86 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 22, 2020 Revised November 20, 2020 Historic Preservation Commission and Aspen City Council c/o Aspen City Hall 130 South Galena Street, 3rd Floor Aspen, CO 81611 Re: 211 West Hopkins Avenue – AspenModern Application Dear City Council and Staff, Please accept this application for voluntary AspenModern historic designation. As part of the AspenModern negotiation the following reviews are included in this application: Conceptual Major Development Review, Setback Variation, Historic Benefits, Relocation, 19sf of deck exemption, and 135sf of the FAR Bonus for the property located at 211 West Hopkins Avenue. Property Background The property is 6,000sf in size and is located in the R-6 Zone District along West Hopkins Avenue. A small Pan Abode home, constructed in 1956, sits centered at the front of the property with two large spruce trees framing the log kit residence. There are surprisingly few alterations to this structure, all of which are reversible: a 1970s Pan Abode style addition is located on the rear (south)elevation, a few windows have been enlarged on the east elevation, shutters were added in the 1960s, and the exterior logs were painted. This is the best example of Pan Abode in Aspen. Figure 1: 211 West Hopkins Avenue, circa 1958. Photograph courtesy Aspen Historical Society. 87 Page 2 of 6 Figure 2: 211 West Hopkins, circa 1965. Figure 3: 211 West Hopkins, 2020. 88 Page 3 of 6 Rustic Style - Pan Abodes The AspenModern program recognizes Pan Abode construction as a historically significant representation of Aspen’s post World War II Rustic Style. Pan Abode is a type of pre-fabricated construction technique popular during the housing boom after World War II. Similar to a life-sized version of Frank Lloyd Wright’s Lincoln Log toy, Pan Abodes were an affordable do-it-yourself option that ‘fit in’ to the rustic mountain town context of Aspen as a vacation destination. Pan Abodes in Aspen were primarily sold by the Pan Abode Cedar Homes company out of Renton, Washington. The logs were milled of Western Red Cedar and were joined on the top and bottom with a single tongue and groove design that fitted tightly to avoid any chinking or interior insulation. Building corners reveal the interlocking tongue and groove system – which is a signature characteristic of Pan Abode construction, and is preserved at 211 West Hopkins. According to the City of Aspen’s Pan Abode context paper, character defining feature are as follows, all of which are evident at 211 West Hopkins: • 3” x 6” single tongue and groove cedar log construction • Overlapping notches at the corners • Original wood framed, multi-light picture window • Low pitched roof, usually gabled but occasionally shed • Deep overhanging eaves • Recessed entrance with rounded or squared corners. At the height of their popularity in the 1950s and 1960s, Jack Holst was the official Pan Abode Cedar Homes representative living and selling homes in Aspen. He worked with the local Marthinsson Nostdahl Construction Company to build new Pan Abodes in Aspen for about $10 a square foot. Aspen used to have numerous Pan Abodes throughout town due to the quick and affordable construction style; however, most of these modest homes have been heavily altered or demolished due to the small footprint and lack of interior insulation. Pan Abode homes were indicative of the post-World War II renaissance of Aspen as an international ski resort. These affordable and easy to assemble buildings contributed to the development of vacation homes and the establishment of Aspen as a destination. As stated in the City of Aspen’s Pan Abode context paper: Aspen’s Pan Abode buildings represent six important hallmarks of the postwar era: • The pre-manufactured building movement following World War II; • Do-It-Yourself attitudes; • Rustic Style residential architecture; • Affordable construction attainable by many; • Adaptable architecture to suit a wide variety of building functions; and • Close associations with the rise of Aspen’s international ski and tourism industries. The adopted period of significance according to the City of Aspen’s documentation is 1956 – 1970 – 211 West Hopkins was constructed in 1956. The AspenModern website lists 7 Pan Abodes in the City of Aspen: 4 are designated historic landmarks (1 of which is city owned), and most have been heavily altered with additions, roof form changes, and window replacements. 211 West Hopkins Avenue is arguably the best example of pan abode style in Aspen and scores 20 points out of a possible 20 points (Exhibit B) with the proposed restoration work – removal of a 1970s 89 Page 4 of 6 addition, window restoration, and paint removal. The proposed project removes development pressure from the cabin and ensures the preservation of this exemplary pan abode without alteration. AspenModern Proposal A 6,000 sf lot in the R-6 zone district is allowed 3,240sf of floor area. The current Pan Abode is about 1,146sf leaving roughly 2,094sf of unused floor area on the property. Historic properties are allowed an additional dwelling unit on a 6,000sf lot in the R-6 zone district as an incentive for historic preservation that removes development pressure from the historic landmark. The development pressure on this property is evident in the numerous demolition permits applied for and issued since 2001. The Historic Preservation Design Guidelines strongly recommend detached new construction on a historic landmark site, especially when the landmark is one story. This successful concept shifts development pressure from the landmark to a separate structure which clearly delineates between new and old construction, avoids altering the historic resource, and provides open space on the lot. The 211 project is consistent with this tenet and proposes to restore the footprint of the Pan Abode to the original 1956 rectangular shape, remove non-historic paint and shutters, restore the south elevation in accordance with historic photographs, dig a basement under the pan abode, and construct a new detached single family home at the rear of the property. This project is aligned with the allowances in the Land Use Code and previous AspenModern negotiations for properties with much lower integrity and significance scores. The proposed new building has a strong relationship to the simple pan abode. Subtle detailing - such as overlapping boards at the corners of the rain screen – create a relationship between the two homes and highlights important characteristics of the pan abode. Window styles and shapes, roof shape and slope, and the simple material palette of the new home reflect the pan abode and reinforce the important features of this simple manufactured pan abode style. A summary of the AspenModern request is found in Table 1 and described below. Table 1: AspenModern Request & Fee Summary (estimated based on 2,469sf floor area increase) Fee Request Affordable Housing 0.4 FTEs at Category 2 ~ $137,040 cash in lieu No request. TDM/Air Quality ~$1,506.09 No request. Parks Development ~$13,456.05 No request. Tree Removal Mitigation ~ $20,122.75 Request wavier of tree removal mitigation. Building Permit Review n/a Expedited permit review. Dimensional Variations n/a Rear setback – 2’ for living space (8’ provided) Historic Development Benefits n/a 135 sf FAR bonus; 19sf of deck exemption 90 Page 5 of 6 Tree Removal Mitigation – The trees along the alleyway are very closely spaced which impacts their health and the ability to utilize the alley as a vehicular access point to the property, which is a Code requirement. A tree health assessment is included as Exhibit Q, and the Parks Department has been to the site many times. The ability to remove the trees along the alleyway directly impacts the location of new construction and increases the distance between the cabin and new building. The most significant trees on the property that contribute to the Pan Abode’s context, setting and overall Rustic Style are the two large spruce trees in the front yard that frame the cabin. These are proposed to remain and to be protected. Building Permit – AspenModern properties are allowed to request expedited building permit review in accordance with the City’s adopted policy. This incentive is focused on review process rather than on development fees or development incentives and helps get a historic project, associated restoration and maintenance started sooner than the typical permit review time. Variations and Historic Benefits – A few variations are requested that mitigate adverse impacts on the cabin by pushing floor area below grade and toward the alley. • An FAR Bonus of 135sf is requested for restoration of the cabin’s south elevation and the original footprint. • A rear yard setback variation for living space to be 8ft where 10ft is required is requested to push development away from the pan abode. A stacked deck at the second floor and rooftop along the alley breaks up the south (alley) elevation and avoids the visual impacts of a tall two story mass fronting the alley. • As part of the AspenModern negotiation we respectfully request a deck exemption of 19sf be applied to the new building at 211 West Hopkins. We request outdoor decks on the second floor and rooftop of the new building - these spaces are meaningful, useful and add to the livability of the project, and more importantly do not impact the historic preservation of the Pan Abode. We feel that the community benefit of designating 211 West Hopkins as a local landmark and restoring the original footprint far outweighs the requested AspenModern incentives. We presented the project to HPC during two public hearings and removed a setback variation request for a lightwell and a floor area request for basement space. During the HPC hearings we designed four different roof form options to address concerns about mass and scale. Working closely with HPC and Staff results in unanimous support for the option that we are presenting to City Council. 211 West Hopkins is the best example of Pan Abode construction in Aspen which represents the pre-manufactured building movement following World War II that contributed to the development of Aspen’s international ski and tourism industries. Thank you for reviewing this application. We look forward to presenting this project and preserving this important piece of Aspen’s history. Please reach out if you need additional information to complete your review. Sincerely, Sara Adams, AICP 91 Page 6 of 6 Exhibits A – AspenModern B – Pan Abode Integrity Score C – City of Aspen Pan Abode Context Paper D – HPC Design Reviews 1. HP Conceptual Review Criteria 2. FAR Bonus 3. Setback Variation 4. Parking 5. Relocation E – Pre application summary F – Agreement to Pay G – Land Use application H – HOA form I – Authorization to represent J – Proof of ownership K – Vicinity Map L – Mailing List M – Streetscape context images N – Stamped survey O – Residential Design Standards for new home P - Drawing set including 3D renderings Q – Aspen Tree Service Tree Assessment R – Preliminary storm water summary 92 Exhibit A AspenModern Exhibit A – AspenModern 26.415.025. - Identification of historic properties. (a) Surveys, Maps and Historic Context Papers. The Community Development Director shall conduct or cause to be conducted such preliminary surveys, studies or investigations as deemed necessary or advisable to adequately inform City Council and the Historic Preservation Commission of those properties located within the City which represent Aspen's 19th and 20th century history. The Community Development Director shall memorialize the results of surveys, studies and investigations in a series of historic inventory forms, maps and historic context papers. Said inventory forms, maps, and context papers shall be maintained by the Community Development Department and shall be made available for public inspection at all reasonable times. New inventory forms, maps and historic context papers shall not be adopted by City Council except for every tenth year, starting in January 2011. These resources shall be referenced by the Historic Preservation Commission and City Council when reviewing applications for designation. Response – 211 West Hopkins Avenue is identified on the AspenModern map, is referenced in the adopted Pan Abode context paper (attached as Exhibit C), and has been included in City of Aspen surveys since 2000. In addition, the National Trust for Historic Preservation sponsored a booklet on AspenModern properties that features 211 West Hopkins as shown below. Figure 1: AspenModern booklet Figure 2: Page featuring 211 West Hopkins Avenue. 93 Exhibit A AspenModern (c) AspenModern Properties. Properties associated with Aspen's 20th century history shall be called AspenModern. Properties identified on the AspenModern Map shall be eligible for certain preservation benefits without being designated by City Council and may be awarded preservation incentives above and beyond those identified at Section 26.415.110, as follows. Property owners are encouraged to meet proactively with the historic preservation commission before undertaking development plans to receive preliminary feedback on appropriate development and benefits. (1) Ninety-Day Negotiation Period. In the case that the owner of a property on the AspenModern Map submits a land use application which includes voluntary landmark designation, a negotiation period of up to 90 days shall be initiated. A letter from the property owner indicating an understanding of this 90-day negotiation period shall accompany the land use application. The 90-day negotiation period may be extended an additional thirty (30) days upon a resolution adopted by the Council, or longer if mutually acceptable to both the Council and the property owner. Nothing herein shall prevent the City from reviewing any land use application or building permit affecting the subject property during the 90-day negotiation period. Response - The contract purchaser and the property owner understand the AspenModern negotiation process and the ability to withdraw or to extend the application should an agreement not be met within the 90-day time frame. 2) Voluntary review/Processing Advantages. Owners of properties included on the AspenModern Map who voluntarily comply with the provisions of this Chapter may proceed with approved work without making application for designation. The Community Development Director shall consider waiver or reduction of permit fees for the subject work. If this is not achievable within the City budget, the Community Development Director shall ensure that the land use application and building permit review proceed ahead of all other applications except those associated with affordable housing and Essential Public Facilities. Response – The applicant respectfully requests an expedited permit review for the proposed project. (3) Transferable Development Rights. Properties which are included on the AspenModern Map shall be eligible to create and sell transferable development rights according to the provisions of Chapter 26.535 of this Code, even if they are not designated on the Aspen Inventory of Historic Landmark Sites and Structures. Response – TDRs are not requested at this time. (4) Removal from AspenModern Map. Owners of properties included on the AspenModern Map may apply to the Community Development Director to be removed from the AspenModern Map. If the property owner indicates in writing that they have no interest in designation or negotiation, the property shall be removed from the AspenModern Map and the Community Development Director shall issue the owner a certificate documenting the removal from the map. Except upon the written request and consent of the owner(s) of the subject property at the time of the request, the subject property shall not be eligible for historic designation in the City of Aspen for a period of ten (10) years from the date of issuance of this certificate. The certificate shall run with the land and may be recorded in the Office of the Pitkin County Clerk and Recorder. Response – n/a. 94 Exhibit A AspenModern (5) Addition to AspenModern Map. Owners of properties not included on the AspenModern Map may apply to the Community Development Director to be added to the map by submitting a written request. The Community Development Director shall determine if the property is eligible, based on the designation criteria. Response – n/a. Sec. 26.415.030. - Designation of historic properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. (a) Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The Aspen Inventory of Historic Landmark Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and objects located in Aspen that have special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. The location of properties listed on the inventory shall be indicated on maps on file in the Community Development Department. (c) AspenModern. (1) Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two (2) of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; Response – 211 West Hopkins represents the pre-manufactured building movement following World War II that contributed to the development of Aspen’s international ski and tourism industries. The pan abode style is documented in an adopted context paper., and is considered part of Rustic Style residential architecture (typically log cabins and heavy timbers) that is important on a regional and national level as a symbol of the nation’s interest in pioneer life out west. Pan abode cabins embody the Rustic log cabin aesthetic but with a post-World War II pre- manufactured approach. b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; Response – n/a. c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic 95 Exhibit A AspenModern achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; Response – 211 West Hopkins scores 20 points out of 20 points on the integrity score sheet, and has long been regarded as the best example of pan abode style in Aspen. The distinctive characteristics of pan abode construction are all evident at 211 West Hopkins. Preservation of this disappearing type of construction and important style is imperative to Aspen’s post War heritage, as noted in the City’s pan abode context paper. d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and Response – According to the adopted context paper, it is believed that the City of Aspen had one of the largest collections of pan abode cabins in the State due in large part to local Jack Holst who was the Pan Abode Cedar Homes company representative. The City of Aspen is down to four protected pan abodes on the Historic Inventory, all of which have additions and alterations. The opportunity to protect 211 West Hopkins and to prevent future alterations or demolition will significantly contribute to the character and sense of place in Aspen and the AspenModern program. e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Response – The property earns a perfect score on the integrity score sheets when considering the proposed restoration – paint removal, window restoration, and removal of the 1970s addition. Without the proposed restoration, the property still scores 18 out of 20 points. The building has never been moved, the two fir trees framing the cabin are intact, and the only alteration to the footprint is a 1970s pan abode addition on the rear of the structure. The high level of integrity, location, and setting contribute to the determination that 211 is the best example of pan abode residential construction in Aspen. The proposed project does not alter the pan abode in a way that impacts the integrity score or jeopardizes the significance of the structure. 96 1) Tongue and groove cedar log construction Character Defining Features of the Rustic (manufactured) Style 4) Low-pitched roof, usually gabled but occasionally shed 7) All or most of features 1-6 must be visible at the front façade. Total Points, 0 – 10 8) Natural, stained wood2) Overlapping notches at corners 3) Original wood framed, multi-light picture window 5) Deep overhanging eaves Check box if statement is true. One point per box. 1 2 3 4 5 6 7 A building must have 6 of the 10 character defining features, either present or clearly documented through photographic of physical evidence to qualify as Rustic (manufactured) Style. Restoration may be required as part of the award of incentives. If the property earned 6 or more points, continue to the next page. If the property earned less than 6 points, scoring ends. 9) Simple, rectilinear footprint 10) One story 6) Recessed entrance with rounded or squared corners 8 9 10 x x x x x x x x x x 10 points 97 1 2 3 4 - 10 211 West Hopkins Ave. The numbers correspond to page 1 of the integrity score sheet. 98 INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. Integrity Score (this page) maximum of 10 points: HISTORIC ASSESSMENT SCORE: Best: 15 up to 20 points Better: 12 up to 15 points Good: 10 up to 12 points Not Eligible:0 up to 10 points Character Defining Features Score (first page) maxi- mum of 10 points: LOCATION OF BUILDING ON THE LOT: The building is in its original location.2 points The building has been shi ft ed on the original parcel, but maintains its original alignment and/or proximity to the street.1 point SETTING: The property is located within the geographical area surrounded by Castle Creek, the Roaring Fork River and Aspen Mountain.1 point The property is outside of the geographical area surround by Castle Creek, the Raoring Fork River and Aspen Mountain.1/2 point DESIGN: The form of the building (footprint, roof and wall planes) are unaltered from the original design.3 points a.) The form of the building has been altered but less than 25% of the original walls have been removed, OR b.) The alterations to the form all occur at the rear of the subject building, OR c.) The form of the building has been altered but the addi tion is less than 50% of the size of the original building, OR d.) There is a roof top addi tion that is less than 50% of the footprint of the roof. 2 points MATERIALS Exterior materials The original exterior materials of the building are still in place, with the exception of normal maintenance and repairs.2 points 50% of the exterior materials have been replaced, but the replacements match the original condi tion.1 point Windows and doors The original windows and doors of the building are still in place, with the exception of normal maintenance and repairs.2 points 50% of the original windows and doors have been replaced, but the replacements match the original condi tion.1 point 10 points 10 points 20 points 99 Pan Abode Buildings in Aspen: A Historic Context Prepared For: City of Aspen 130 South Galena Street Aspen, Colorado 81611 Prepared By: TEC, Inc. 1658 Cole Boulevard, Suite 190 Golden, Colorado 80401 Generously funded in part by the Modernism + Recent Past Intervention Fund, National Trust for Historic Preservation. 100 Pan Abode Buildings in Aspen: A Historic Context 1 June 2010 Table of Contents Summary ......................................................................................................................................... 2 The Pre-Manufactured Building in the U.S. ................................................................................... 2 The Pan Abode Companies ............................................................................................................. 7 Pan Abode Architecture .................................................................................................................. 7 Purchasing and Construction Process ........................................................................................... 11 Pan Abode Building Types in Aspen ............................................................................................ 13 Historic Significance of Pan Abode Buildings in Aspen .............................................................. 16 Period of Historic Significance ..................................................................................................... 17 References ..................................................................................................................................... 19 List of Figures Figure 1. Classic Notch System, as shown by the Pan Abode Cedar Homes company ................. 7  Figure 2. A 1951 building by the Pan Abode Company’s sister-company in British Columbia, the Pan-Abode Company. ..................................................................................................................... 8  Figure 3. Recessed entrance at 630 Main Street, built in 1965. ...................................................... 9  Figure 4. Curved brackets at the entrance of 1208/1210 Snowbunny Lane, built in 1965. ........... 9  Figure 5. A Chalet Style Pan Abode (demolished) ....................................................................... 10  Figure 6. The picture windows of Pan Abodes, as seen at 509 West Main Street, left, and 1355 Sage Court, right. .......................................................................................................................... 11  Figure 7. Picture windows, as seen in 300 West Hyman. ............................................................ 11  Figure 8. Advertisement for Richard Wright, one of the Pan Abode contractors in Aspen, 1965 ....................................................................................................................................................... 13  Figure 9. 1970 Pan Abode single-family houses at 103 Ardmore (left) and 110 Ardmore (right). ....................................................................................................................................................... 14  Figure 10. Multiple family building at 403 and 404 Park Avenue, built in 1964. ....................... 14  101 Pan Abode Buildings in Aspen: A Historic Context 2 Summary This historic context statement on Pan Abode buildings has been prepared for the City of Aspen to determine the potential significance of the city’s group of at least 50 buildings that were pre- manufactured by the Pan Abode Cedar Homes Company and built in and around Aspen in the 1950s and 1960s. The City retained TEC Inc. (TEC) to conduct primary and secondary research to expand upon the existing information compiled on Pan Abode buildings in Aspen. Historical research focused on the local, regional, and national historic context of Pan Abode buildings and relevant historical themes. Resources consulted included materials from the City of Aspen, Pitkin County Assessor, Denver Public Library, Prospector Interlibrary loan, and historic maps, photographs, and newspaper archives. TEC also conducted oral history interviews with current and past Aspen residents familiar with the history of Pan Abode buildings to supplement information available in the written record. This historic context statement is an assessment of the significance of Pan Abode buildings in Aspen based on this research only. The project did not include fieldwork or evaluations of individual buildings; rather it assessed the significance of the Pan Abode building type using information compiled in this historic context. The City of Aspen provided the photographic illustrations included in this narrative. Based on this information, TEC recommends that the 1950s and 1960s-era Pan Abode buildings have historic significance on the local level in Aspen. The following paper explains this recommendation and includes a description of the Character-Defining Features of Pan Abode buildings. 102 Pan Abode Buildings in Aspen: A Historic Context 3 The Pre-Manufactured Building in the U.S. The historical origins of the Pan Abode buildings of the 1950s and 1960s begin with the factory- made balloon frame houses made popular by the Sears, Roebuck & Co. mail-order catalog introduced in 1908 and, to a lesser degree, the Aladdin Homes catalog introduced in 1910. These pre-manufactured “kit” houses were essentially packages of pre-cut, numbered wood parts that were delivered to the desired building site to be easily erected by any person unskilled in the building trades. Their affordability and easy do-it-yourself construction became most attractive during the nation’s most uncertain economic times. Pre-manufactured building’s first wave of popularity followed the end of World War I in 1918 when soldiers returning home sought affordable housing in which to start a family. While new building technologies emerged throughout the Depression years of the 1930s, advances in pre-manufactured materials and building methods skyrocketed during the World War II years between 1942 and 1945 when the United States (U.S.) military concentrated its building efforts on fast, efficient, and inexpensive construction techniques. The private sector applied these techniques to meet urgent building needs that followed the end of the war. Six million returning veterans found an inadequate supply of suitable buildings to house themselves and their new families and pre-manufactured ready-to-assemble buildings became especially attractive to the many people in need of decent housing during the nation’s postwar housing crisis. It was this dire and urgent need for housing that spurred the second wave of factory-made buildings to new heights of affordability and sophistication (Ebong 2005). The population growth in the rest of the country boomed during the postwar years of the late 1940s and 1950s, but building activity was comparatively quiet in Aspen. The silver crash of 1893 deeply affected Aspen’s mining industries, and the town witnessed a dramatic decline that left it sparsely populated through the 1930s. Aspen struggled for the first three decades of the twentieth century until the commercial ski industry began to revive the town. The development of ski areas in and around Aspen in the 1930s and 1940s brought a renewed need for buildings and infrastructure. Although many of the nineteenth-century buildings were available for use, prospective buyers were required to pay back taxes on these properties, many of which carried unpaid property taxes since 1893. Thus by the early 1940s, buying property in Aspen became prohibitively expensive due to the accumulation of taxes owed on many of the existing properties. This circumstance made affordable building options an attractive feature of Pan Abode kit buildings, and for many it was the only way they could afford to live in Aspen during the early postwar years. 103 Pan Abode Buildings in Aspen: A Historic Context 4 Although their low cost and easy construction was a critical factor, Pan Abode buildings also offered something more intangible than simply affordable shelter. Their log-frame architecture gave its inhabitants the romanticized rustic aesthetic that many sought in their mountain homes. The log cabin’s symbolism is deeply rooted in the American identity for its associations with the American frontier and our national ideals of rugged individualism. This identity and mythology is particularly entrenched in the American West, including Aspen, Colorado, where the town’s scenic mountainous surroundings became a backdrop for Rustic Style architecture as early as the 1930s. The Rustic Style developed in Colorado after 1905 and is identified through its log construction with battered walls, overhanging roofs, and small paned windows. The style grew out of the Pioneer Log structures found in Colorado which are often associated with the American west. After World War II, Americans extolled these ideals with even greater enthusiasm through popular culture and even children’s toys such as the iconic “Lincoln Logs” blocks. The Pan Abode’s cedar logs were grown, milled, and manufactured in a far-off location, but for many Americans these “log” buildings still resonated with their cultural past, even if they was a modern facsimile of a romanticized concept. For people looking for adventure, the Pan Abode’s self-built quality presented an opportunity for the “can-do” generation of the 1950s and 1960s to tackle a realistic project that reaped the rewards of an entirely new building. By the 1950s, “do-it-yourself” became a cultural phenomenon of the postwar generation. The attitude began as part of the postwar suburban ideal, but it undoubtedly carried into the vacation home. Many returning veterans welcomed the opportunity to apply technical skills they learned during the war toward realizing the postwar dream of a modern and comfortable new home (The National Building Museum 2003). In rural Colorado, people took this attitude one step farther in part due to the romanticized influence of the western frontier’s spirit of hearty self-reliance. Once Americans began establishing themselves as the well-off and burgeoning population of the middle class in the early 1950s, families began to enjoy recreational activities afforded by the nation’s newfound economic prosperity. They also enjoyed more leisure time than ever before. The New Deal’s Fair Labor Standards Act of 1938 regulated a maximum 40-hour work-week, and after World War II the five-day work-week became typical. By 1950, leisure time accounted for over 34 percent of American’s waking lives (Gilbert 1995). At the same time, increasing personal wealth and the dramatic rise of personal automobile ownership gave Americans the freedom and mobility to venture outside of their hometowns in search of weekend getaways. Improved roads and the nation’s new interstate highway system provided access to areas not readily available before the war. Americans began traveling the highways and staying in motels 104 Pan Abode Buildings in Aspen: A Historic Context 5 on Route 66 and at National Forest visitor cabins. As Americans discovered new communities, they sought modest vacation homes in their pursuit of outdoor leisure activities, such as skiing. Attracted to the town’s picturesque Rocky Mountain setting as well as its three highly regarded ski areas established by 1958, vacationers found their way to Aspen for lodging or to establish second homes. Kit buildings sold by the Pan Abode Cedar Homes company fulfilled many of these buyers’ preferences for Rustic Style architecture in the mountain town. Pan Abodes were an affordable choice in addition to being easily transportable, and reflected the romanticized idea of a western log cabin. These buildings also interested buyers due to their simplicity and ease of construction. Pan Abodes were often viewed as a symbol of the do-it-yourself independence of the west. In 1947, 37,000 of kit homes built nationwide were constructed using prefabricated components, and by 1960 the number had grown to 126,000 houses, or nine percent of all homes built. Prefabricated techniques for permanent house construction in particular grew parallel with the increasing market for vacation homes (Randl 2004). This increasing need for vacation homes was especially visible in Aspen, where many of the Pan Abode buildings constructed in the 1950s and 1960s were used as second homes associated with the ski industry. Individuals and families from Denver, Texas, New York, and other areas around the country utilized the ease of construction and affordability associated with Pan Abode buildings in order to construct their vacation homes. The increasing interest in Aspen’s ski industry in the late 1950s is evidenced by an increase in the number of new homes constructed in the city between 1958 and 1959. According to the Aspen Times, eight new homes were constructed in 1958 while in 1959 that number increased to 19 (Aspen Times 1960a). During this era of second home growth, Pitkin County’s population increased roughly 44 percent and Highway 82 leading into Aspen saw a traffic increase which was the highest of any road in Colorado. In 1960, the road experienced a 10.9 percent increase in traffic over the 1959 numbers (Aspen Times 1960b). Aspen’s Pan Abode homes allowed many owners to purchase a second home when they might not otherwise have been able to afford the cost of building. On average new houses cost $15.00 a square foot to build in 1960; however, the cost of a Pan Abode structure averaged between $8.06 and $13.67 a square foot around this time. Indeed, during the early 1960s, Pan Abode buildings constructed in Aspen cost roughly $10.00 a square foot, significantly less than the national average (City of Aspen 2010). Ski areas that were largely run by local ski clubs before the war and catered to locals as well as a handful of elite clientele transformed themselves into business ventures during this era. New ski areas were established and older slopes were improved to serve the new postwar consumer 105 Pan Abode Buildings in Aspen: A Historic Context 6 culture. Backed by prominent financiers, the ski industry aimed to attract all types of visitors, from destination skiers to weekend visitors from Denver. In the process, Aspen became home to some of the earliest well-developed ski areas in the country. In 1946, the Denver Post magazine headlined with “Money Fever is Running in Aspen Again: Famed Silver Town Looks to Day When It Will Be World Ski Capital.” Although other skis areas had also been established in Colorado and other western states at the time, in 1950 Aspen was chosen to host the International Skiing Federation championships, the largest international competition of the year and one that had never before been held in the U.S. With thousands of people flocking to Aspen each year, Aspen distinguished itself from other ski areas early, and the flourishing postwar economy helped make this possible (Gilbert 1995). While the Pan Abode served as an idealized version of the western log cabin for many, in Aspen Pan Abodes also served as an integral part of the fledgling American ski industry. Aspen’s ski industry created an immediate need for buildings and infrastructure, including single-family homes, rental properties for tourists, multi-family apartments, and commercial buildings. Due to the temporary nature of the industry’s employment, employees interested in buying a residence were unable to qualify for traditional home mortgages. However, if a buyer had purchase money for a parcel of land, he or she could buy an affordable Pan Abode kit. By Aspen’s standards, the cost of a pre-manufactured building was significantly less than the cost of purchasing an existing home or hiring a contractor to build a house by traditional building methods. Perhaps seizing upon Aspen’s postwar growth, the Pan Abode Cedar Homes company stationed a sales representative in Aspen to sell Pan Abode buildings. The sales representative was also able to answer potential buyer’s questions about financing and referred buyers to institutions providing mortgages. By the 1960s, Pan Abode kit buildings became the most common type of Rustic Style architecture built in Aspen, with more than 50 Pan Abode buildings erected during the mid- 1950s through the late 1960s. Prior to the construction of Pan Abode buildings in Aspen, the majority of buildings were constructed using an architect’s plan, making these pre-planned buildings a different resource within the city. Part of the rise of Pan Abodes’ popularity can be attributed to the fact that they offered an attractive, affordable alternative to costly architect- or builder-designed buildings. During the earliest postwar years of the late 1940s and early 1950s, the U.S. was still trying to adjust to a peacetime economy after four years of war. Adjustment to a non-military economy and demand for single-family homes expanded exponentially. The U.S. housing construction industry could not keep up with the demand due to scarcity of materials and adequate financing immediately after the war. Before pre-manufactured kit houses became available, buildings often took many months or even years to construct. The Pan Abode Cedar 106 Pan Abode Buildings in Aspen: A Historic Context 7 Homes company’s assortment of kit houses allowed these new homeowners to move into their houses within a few weeks instead of months. The Pan Abode Companies Aage Jensen, a Danish cabinetmaker, established the original Pan-Abode International, Ltd. in 1948 in Richmond, British Columbia, Canada, to create pre-manufactured cedar log buildings. Jensen expanded his venture to the U.S. in 1952 with a second factory located in Renton, Washington, where the American company still operates today. The two companies became separate corporations: the American company assumed the name Pan Abode Cedar Homes, while the British Columbian company is distinguished by their hyphenated name, Pan-Abode. The main difference between the pre-manufactured buildings produced by the two companies lies in the British Columbian company’s double tongue-and-groove system, while the Renton, Washington, factory produces a single tongue-and-groove interlocking system. Because the 1950s and 1960s Pan Abode buildings in Aspen were sold by the Pan Abode Cedar Homes company in Renton, each features this single tongue-and-groove construction. Pan Abode Architecture Each Pan Abode was entirely constructed of milled logs made of Western Red Cedar. The company hailed cedar’s low-expansion properties that include resistant to shrinking, swelling, and warping during drastic changes in temperature. Cedar timber also provides good insulation, an important feature in Pan Abode buildings since the only insulation came from the 3-inch thickness of the cedar logs themselves. The buildings included no insulation within the walls until much later. All of the Pan Abode logs manufactured between 1952 and 1970 in the Renton factory were milled in 3”x6” rectangular logs with flat edges to create a relatively flat exterior and interior wall surface. The logs were joined on the top and bottom using a single tongue-and-groove design to create a tight seal that required no traditional chinking or any other interfacing (Figure 1). The ends of the logs formed overlapping, interlocking corners that Figure 1. Classic Notch System, as shown by the Pan Abode Cedar Homes company (Pan Abode Cedar Homes 2010) 107 Pan Abode Buildings in Aspen: A Historic Context 8 joined in a style the Pan Abode Cedar Homes company calls the “Classic Notch” solid wall system. The continuous vertical notch at all of the building’s corners thus became a distinguishing characteristic of the building. The overlapping corner notch was intended to strengthen the building and facilitate construction (Pan Abode Cedar Homes 2010). The length of the log timbers were cut to size depending on the Pan Abode model ordered through the company catalog. Window and door openings were wood-framed. During the 1950s and 1960s, the majority of Pan Abode-manufactured buildings were one-story buildings between 1,000 and 2,000 square feet. The Pan Abode’s interior walls featured no additional finishes, leaving the cedar walls bare on the inside of the building. Electrical and plumbing infrastructure could be inserted through the walls, down joint seams, or inserted into the floor depending on local ordinances. Although the vast majority of the Pan Abode buildings sold were stock models advertised in the company catalog, a small portion of the company’s sales consisted of custom-designed buildings that were pre-manufactured and cut to size by request. These early custom-designed buildings also used 3”x6” timbers using the Classic Notch design. Pan Abode buildings were typically covered by a low-pitched, gabled roof; however, some were covered by a low-pitched shed roof (Figure 2). Roofs almost always had open overhanging eaves with wood trim. As a result, the one-story Pan Abode buildings took on the form and appearance of a mid-century Ranch-style house. The fascia board at the end of the roof Figure 2. A 1951 building by the Pan Abode Company’s sister-company in British Columbia, the Pan-Abode Company. 108 Pan Abode Buildings in Aspen: A Historic Context 9 eaves was usually left flat with straight edges, but in a few cases the fascia was cut into a decorative cut-out vergeboard trim. Distinctive architectural features common to Pan Abode houses of the 1950s and 60s include recessed entrance porches that are framed at the edges by the building’s log ends with curved corners (see Figures 3 and 4). The logs ends were used decoratively in a variety of ways in the Pan Abode. This is also seen in the supporting brackets for a Pan Abode house’s entrance gable in Figure 4. Pan Abode buildings in Aspen were usually plain and lacked ornamentation. However, Aspen had at least one “Chalet Style” Pan Abode building that featured notched ends shaped into ornate scalloped curves, deep overhangs, vergeboard fascia, and cut-out patterns at the balustrade, window trim, and decorative shutters (Figure 5). Figure 3. Recessed entrance at 630 Main Street, built in 1965. Figure 4. Curved brackets at the entrance of 1208/1210 Snowbunny Lane, built in 1965. 109 Pan Abode Buildings in Aspen: A Historic Context 10 Figure 5. A Chalet Style Pan Abode (demolished) A ca. 1950s and 60s Pan Abode buildings’ fenestration typically featured at least one large multi- light picture window at the façade. The multi-light arrangement was divided into horizontally oriented rectangular lights, which formed the module by which all of the original Pan Abode windows were based. The size of the window was determined by the number of rectangular lights used. The house in Figure 3, above, has one large 12-light picture window, as does the house in Figure 6, below. The house at right in Figure 6 depicts a house with one 9-light window and one narrow three-light rectangular window. The building in Figure 7 includes two large 9-light windows, one in each of its two projecting wings. In the case of most Pan Abodes constructed during the 1950s and 1960s, the fenestration consisted of either fixed panes, such as in large multi-light windows or sliding as in the case of smaller single and double light windows. Occasionally large multi-light windows would made into sliding windows; however, these windows have a large bar affixed to the window’s interior panes to ease their opening. Often these fixed windows are replaced with multi-light pivoting casement windows (Pan Abode Cedar Homes personal correspondence 2010). 110 Pan Abode Buildings in Aspen: A Historic Context 11 Figure 6. The picture windows of Pan Abodes, as seen at 509 West Main Street, left, and 1355 Sage Court, right. Figure 7. Picture windows, as seen in 300 West Hyman. Purchasing and Construction Process One major selling point of the Pan Abode was its ease of construction from beginning to end. Once a customer selected a Pan Abode model, the company shipped the prefabricated building materials directly to the building site on a flatbed truck (Pan Abode Cedar Homes 2010). The Renton Pan Abode Cedar Homes company estimates that roughly 100 kit homes were sold each year during the 1950s and 1960s (Pan Abode Cedar Homes 2010). Although there is little documentation of how many Pan Abodes were built nationwide, a company representative revealed that the company’s largest clients during those years were ski companies across the Western U.S. The U.S. Forest Service also purchased numerous Pan Abode kits to erect small 111 Pan Abode Buildings in Aspen: A Historic Context 12 cabins in national forests in the western U.S. The U.S. Forest Service documents that it began building small Pan Abode cabins along with A-frame cabins in Alaska at the Tongass National Forest in 1962 and in the Chugach National Forest in 1963 (Lantz 2009). The Pan Abode Cedar Homes company advertised and sold their buildings through their company brochures and their home office in Renton, Washington, but perhaps most importantly through the Pan Abode company representatives located in strategic cities across the western U.S. One such sales representative named Jack Holst played a prominent role in Aspen during the 1950s and 1960s. Jack Holst’s position with Pan Abode Cedar Homes Company lasted approximately 20 years in Aspen. During this time, his sales resulted in a substantial concentration of Pan Abode buildings in Aspen. Although all company representatives used a marketing brochure to show and describe the pre-designed kit plans to prospective buyers, representatives like Jack Holst built their own Pan Abode buildings to serve as models for selling Pan Abodes.1 An interview with Magne Nostdahl revealed that Jack Holst was the only official Pan Abode representative in Aspen (Nostdahl personal correspondence 2010). Pan Abode Representative Jack Holst handled all of the arrangements for new Pan Abode construction in Aspen from selling the building to ordering the structure, to the necessary transportation from Renton, Washington to Aspen, Colorado. Marthinsson and Nostdahl Construction Company worked alongside Holst constructing the new buildings for the owners. Nostdahl recalls that the majority of Pan Abodes he and his partner constructed measured between 3,000 and 4,000 square feet while only a few measured under 1,000 square feet. During the 1960s, the Marthinsson and Nostdahl Construction Company charged $10 a square foot to construct the new Pan Abode buildings. Marthinsson and Nostdahl Construction Company constructed Pan Abode buildings for roughly seven years before the market for these easy to assemble buildings began to fade. Nostdahl remarked that he believed Pan Abodes began to lose their popularity due to the lack of insulation in the structures. A city ordinance in Aspen required a level of insulation in each building and Pan Abodes did not conform to these needs. As a result, Jack Holst began ordering double walled Pan Abode buildings which increased the cost of the building and led to a decrease in buyer’s interest in the buildings (Nostdahl personal correspondence 2010). 1 Like a number of Aspen’s residents during the 1950s and 1960s, Holst continued to work several jobs in order to keep busy and afford the new postwar lifestyle. In addition to serving as the Pan Abode company representative in Aspen, Holst was also a commercial airline pilot and a ski instructor. 112 Pan Abode Buildings in Aspen: A Historic Context 13 Pan Abode Building Types in Aspen Research suggests that Pan Abode buildings were primarily constructed throughout the western U.S. as small cabins for the U.S. Forest Service or as privately owned vacation homes (Pan Abode Cedar Homes 2010). In Aspen, Pan Abodes were used for a wider variety of purposes that were both unique and representative of Aspen’s economic circumstances in the 1950s and 1960s. Although Pan Abode buildings were most often built as single-family primary and secondary dwellings in Aspen, there are examples of Pan Abodes used as multiple-family apartment buildings, commercial buildings, a church hall, and even for ticket sales, administration, ski patrol, and maintenance facilities at Highlands Ski Area. City records indicate that the majority of the Pan Abodes in and around Aspen were built as modest-sized single-family dwellings. This was representative of the Pan Abode company sales during the 1950s and 60s, as most of the buildings sold consisted of smaller dwellings less than 2,000 square feet, with few custom plans (Pan Abode personal correspondence 2010). Building permits for known Pan Abodes in Aspen state they were constructed in Kennydale, Washington, a neighborhood in Renton. One building in Aspen, the Cortina Lodge may have been purchased from the Pan-Abode Company in Richmond, British Columbia due to its double tongue and groove construction. In 1970, two entire subdivisions, Ardmore and East Meadow, were platted and developed by local Pan Abode Cedar Homes contractors in Aspen. It was a speculative venture whereby this group of Pan Abode developers built and sold the Pan Abode houses along with their lots as a residential subdivision. The Ardmore subdivision had eight Pan Abode houses, and the East Meadow subdivision contained five Pan Abode houses (Figure 9). Charles Brinkman was a developer of the Ardmore subdivision, and longtime company representative Jack Holst was at least one of the developers of the East Meadow subdivision of Pan Abodes. Figure 8. Advertisement for Richard Wright, one of the Pan Abode contractors in Aspen, 1965 113 Pan Abode Buildings in Aspen: A Historic Context 14 Figure 9. 1970 Pan Abode single-family houses at 103 Ardmore (left) and 110 Ardmore (right). Pan Abodes catered directly to the ski industry, which needed to house seasonal workers. At least one Pan Abode in Aspen served as a multiple-family residence. The apartment building at 403 and 404 Park Avenue consists of a raised two-story building with shallow overhanging eaves and decorative vergeboard at the side-gabled ends (Figure 10). This 10-unit multi-family building was developed in 1964 by Pan Abode contractors Arne Marthinsson and Magne Nostdahl. Both Marthinsson and Nostdahl were typical contractors who held multiple jobs. In the case of Marthinsson and Nostdahl, they were contractors during the summer months and ski instructors during the winter. Ski industry pioneer and founder of the Aspen Highlands ski area, Whipple “Whip” Van Ness Jones utilized two Pan Abode buildings to help establish the ski mountain in 1956 and during its long tenure. When Jones first moved to Aspen in the early 1950s, he purchased a property on 2nd Street that included a Pan Abode building. He also purchased the property across the street that housed a stable that was also of Pan Abode construction. When Jones established a new ski resort on the outskirts of downtown Aspen, instead of contacting one of the two architects or two designers listed in town in 1955 to Figure 10. Multiple family building at 403 and 404 Park Avenue, built in 1964. 114 Pan Abode Buildings in Aspen: A Historic Context 15 construct new buildings, Jones determined it would be easier and more cost effective to relocate two Pan Abode buildings from his property in town up to the Aspen Highlands ski area (Doremus 2010). These two buildings became the ticket sales, administration, ski patrol, and maintenance buildings in 1957 and were used until the Aspen Highlands’ ownership transferred in 1993. When Jones needed a larger administration building, he ordered a new Pan Abode building to replace the old building because Pan Abodes were easy to assemble, inexpensive, functional, and fit into the aesthetic alpine environment with their cedar log materials and Rustic architectural style. After fire destroyed the Cloud 9 restaurant on the Aspen Highlands in the 1970s, the replacement restaurant consisted of a new Pan Abode building. The new building’s erection took roughly 45 days from start to finish. Subsequent to the Aspen Skiing Company assuming ownership of Aspen Highlands in 1993, the Pan Abode buildings at Aspen Highlands were demolished with the exception of Cloud Nine (Doremus 2010). In addition to owning several Pan Abode buildings at the Aspen Highlands mountain, Whip Jones and his family also resided in a Pan Abode building in town. According to his stepson Andrew Doremus, the Jones family moved from his original Pan Abode on 2nd Street to a second Pan Abode house on Francis Street. One of the more unusual uses for a Pan Abode building in the 1960s was for a church. The Messiah Lutheran Church erected a Pan Abode building in 1963 when the congregation relocated to its current site on Mountain View Drive. The church used the Pan Abode building for its services until 1985, when the Pan Abode was moved to Redstone for use as a private residence (Aspen Times 2004). The energy crisis of the 1970s slightly changed the design of Pan Abode-manufactured buildings, as the company introduced wider cedar log dimensions of 4”x6” for improved insulation and greater energy efficiency (Pan Abode Cedar Homes 2010). The slightly wider style of the post-1970 design appears to be a distinguishing feature between the company’s pre- 1970 and post-1970 designs. Later designs also introduced a double-wall structural system in which two 3”x6” timbers were separated by a 4” gap that could be filled with rigid foam insulation (Log Home Living Magazine 1987). 115 Pan Abode Buildings in Aspen: A Historic Context 16 Historic Significance of Pan Abode Buildings in Aspen Aspen’s postwar-era Pan Abode buildings are significant under the City of Aspen’s significance Criterion 2a as a representative building trend closely associated with Aspen’s period of rise of the local international ski industry and tourism, both important historical events of the city’s postwar history. In an emerging tourism town, Pan Abode buildings fulfilled a basic need for buildings and lodging. Their flexible design made them highly adaptable for a wide variety of functions, resulting in a diverse group of Pan Abode buildings in Aspen. Pan Abode’s structural adaptability allowed them to serve in a variety of situations. They were also well-equipped for adaptive reuse; two were relocated to the Aspen Highlands ski area for nearly 40 years of continuous use. This architectural flexibility accommodated Aspen’s changing needs like no other building could. The Pan Abode Cedar Homes company sold at least 50 Pan Abode buildings in Aspen during the 1950s and 1960s. This may be considered a large collection of Pan Abode buildings at that time when the Pan Abode Cedar Homes company produced only about 100 per year nationwide. Aspen’s group of contractors even developed two small speculative subdivisions consisting only of Pan Abode houses in the early 1970s. As a result, preliminary research suggests that Aspen’s had a relatively high concentration of Pan Abode buildings when compared with similar cities in Colorado and possibly the Western U.S. Aspen’s postwar Pan Abode buildings are also significant under Criterion 2c for their building design. Pan Abode buildings’ distinctive pre-manufactured method of construction was representative of the architectural technology available following World War II. They are also architecturally significant as unique representatives of national historical themes and attitudes of the postwar age. Their ability to be easily constructed by unskilled labor is evocative of the emerging “do-it-yourself” spirit that permeated the postwar generation of the 1950s and 60s nationwide. They also fulfilled the need for affordable construction, and their easy financing made them attainable to people who ordinarily would not qualify for traditional home mortgages or who could not afford Aspen’s expensive back-taxes on the existing pre-World War II building stock. This was especially important for the temporary employees who worked in the seasonal Aspen’s Pan Abode buildings represent six important hallmarks of the postwar era: ƒ The pre-manufactured building movement following World War II; ƒ Do-It-Yourself attitudes ; ƒ Rustic Style residential architecture ƒ Affordable construction attainable by many; ƒ Adaptable architecture to suit a wide variety of building functions; and ƒ Close associations with the rise of Aspen’s international ski and tourism industries. 116 Pan Abode Buildings in Aspen: A Historic Context 17 ski industry. Finally, the Pan Abode form as an entirely cedar-log-built building represents the popularity of Rustic Style architecture during the postwar years, particularly in the mountainous regions of Colorado. In summary, Pan Abode buildings’ historic significance in Aspen lies not simply in the fact that they are kit houses, but the manner in which they were ideally suited to Aspen’s unique circumstances during the postwar years. Period of Historic Significance Although Pan Abode buildings continue to be manufactured today in the company’s Renton factory, their period of significance in Aspen began in 1956 when the first Pan Abodes were built, and ends in 1970. By 1970, the desire for a modest-sized vacation home in Aspen came to an end as development pressures increased in town. As land values steadily increased in connection to Aspen’s population growth and tourism success, developers sought to maximize the capacity of their properties with larger and taller buildings that capitalize on the allowable square footage. In 1966, the city of Aspen adopted its Aspen Area Master Plan to control growth and development. As Aspen continued to grow in population and popularity as an internationally acclaimed ski resort through the 1970s and 1980s, the city sought to reduce the density and future population of Aspen and utilized growth management plans and ordinance restrictions to aid in achieving this goal. The Pan Abode buildings constructed between 1956 and 1970 represent the last generation of buildings prior to the institution of these regulations. Character-Defining Features of Pan Abode Buildings are the physical characteristics of the buildings from their period of significance between 1956 and 1970. They are: • 3”x6”, single tongue-and-groove cedar log construction • Overlapping notches at the corners • Original wood-framed, multi-light picture window • Low-pitched roof, usually gabled but occasionally shed • Deep overhanging eaves • Recessed entrance with rounded or squared corners Character-Defining Feature: A prominent or distinctive aspect, quality, or characteristic of a historic property that contributes significantly to its physical character. Structures, objects, vegetation, spatial relationships, views, furnishings, decorative details, and materials may be such features. NPS 2010 117 Pan Abode Buildings in Aspen: A Historic Context 18 All or most of these character-defining features should be visible at the façade in order to convey the original appearance of the Pan Abode building. These character-defining features can be used as a guide for evaluating individual Pan Abodes; however, individual survey and an assessment of integrity of the individual known Pan Abode properties in Aspen will be required to determine whether a Pan Abode building continues to conveys its historic significance to the 1956-1970 period of significance. 118 Pan Abode Buildings in Aspen: A Historic Context 19 References Aspen Times (The) 1960a January 8. 1960b January 15. 2004 “Messiah Lutheran Marks 50 Years.” Accessed Online: http://www.aspentimes.com/article/20040922/NEWS/109220011&parentprofile= search 2007 “Jack Holst Obituary.” Accessed Online: http://www.aspentimes.com/article/20071103/ASPENWEEKLY04/111040083&p arentprofile=search City of Aspen 2010 Estimated Cost per Square Foot for Pan Abode Construction, 1956-1969. Ditto, Jerry, and Lanning Stern. 1995 Design for Living: Eichler Homes. San Francisco, CA: Chronicle Books. Doremus, Andrew 2010 Personal Correspondence. April 1. Ebong, Ima. 2005 Kit Homes Modern. New York: Collins Design. Fetters, Thomas T. 2002 The Lustron Home: The History of a Postwar Prefabricated Housing Experiment. Jefferson, N.C.: McFarland & Company, Inc., Publishers. Gilbert, Alice M. 1995 Re-Creation Through Recreation: Aspen Skiing from 1870 to 1970. Aspen Historical Society. Gordon, Alastair. 2001 Weekend Utopia: Modern Living in the Hamptons. New York: Princeton Architectural Press. Holst, Les. 2010 Personal Correspondence. March 30. Koones, Sheri. 2006 Prefabulous: The House of Your Dreams, Delivered Fresh From the Factory. Newtown, CT: The Taunton Press. 119 Pan Abode Buildings in Aspen: A Historic Context 20 Meinecke, Conrad. 1945 Your Cabin in the Woods: A Compilation of Cabin Plans and Philosophy for Discovering Life in the Great Outdoors. New York: Bonanza Books. Meyer, Guido 2010 Personal Correspondence. March 29. National Park Service (NPS) 2010 Denver Service Center Workflows, Design and Construction Definitions (C). Accessed Online: http://www.nps.gov/dsc/workflows/definitionsdc_c.htm. 28 April. Nostdahl, Magne. 2010 Personal Correspondence. June 3. Pan Abode Cedar Homes 2010 “About Us – History.” Accessed Online: www.panabodehomes.com/history.php 2010 “Classic Timber Building System.” Accessed Online: www.panabodehomes.com/classic_timber.php 2010 Personal Correspondence with Tom Prevette. March 31 and April 29. Ramsey, Dan. 1987 Building A Log Home From Scratch, 2nd Edition. Blue Ridge Summit, PA: TAB Books. Randl, Chad. 2004 A-Frame. New York: Princeton Architectural Press. Rybczynski, Witold. 1991 Waiting for the Weekend. New York: Viking Press. The National Building Museum 2003 Do-It-Yourself: Home Improvement in 20th-Century America. October 19, 2002- August 17, 2003. Accessed Online: http://www.nbm.org/exhibitions- collections/exhibitions/diy.html Watkins, A.M. 1962 Building or Buying the High-Quality House at the Lowest Cost. New York: Doubleday & Company, Inc. Weslager, C.A. 1969 The Log Cabin in America: From Pioneer Days to the Present. New Brunswick, NJ: Rutgers University Press. 120 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] Exhibit D.1 – Conceptual HP Review 26.415.060.A Approvals Required. Any development involving properties designated on the aspen Inventory of Historic Landmark Sites and Structures, as an individual property or located within the boundaries of a Historic District, unless determined exempt, requires the approval of a development order and either a certificate of no negative effect or a certificate of appropriateness before a building permit or any other work authorization will be issued by the City. HPC shall provide referral comments for major projects to rights of way located within the boundaries of a Historic District. Response: Applicable Design Guidelines are addressed below: Streetscape 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. Response – The buildings reinforce the traditional grid pattern of the neighborhood. The open space around and in front of the cabin is preserved. 1.2 Preserve the system and character of historic streets, alleys, and ditches. When HPC input is requested, the following bullet points may be applicable. • Retain and preserve the variety and character found in historic alleys, including retaining historic ancillary buildings or constructing new ones. • Retain and preserve the simple character of historic ditches. Do not plant flowers or add landscape. • Abandoning or re-routing a street in a historic area is generally discouraged. • Consider the value of unpaved alleys in residential areas. • Opening a platted right of way which was abandoned or never graded may be encouraged on a case by case basis. Response – No change to streets or alleys is proposed, and there is no ditch on the property. 1.3 Remove driveways or parking areas accessed directly from the street if they were not part of the original development of the site. • Do not introduce new curb cuts on streets. • Non-historic driveways accessed from the street should be removed if they can be relocated to the alley. Response – n/a. 1.4 Design a new driveway or improve an existing driveway in a manner that minimizes its visual impact. • If an alley exists at the site, the new driveway must be located off it. 121 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Tracks, gravel, light grey concrete with minimal seams, or similar materials are appropriate for driveways on Aspen Victorian properties. Response – n/a. The alley will provide vehicular access to the property. 1.5 Maintain the historic hierarchy of spaces. • Reflect the established progression of public to private spaces from the public sidewalk to a semi- public walkway, to a semi private entry feature, to private spaces. Response – The historic hierarchy of spaces is unchanged in the proposal. Simple walkways and fencing distinguish between public, semi-public, and private spaces. 1.6 Provide a simple walkway running perpendicular from the street to the front entry on residential projects. • Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of the period of significance. • Use paving materials that are similar to those used historically for the building style and install them in the manner that they would have been used historically. For example, on an Aspen Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete, brick or red sandstone are appropriate private walkway materials for most landmarks. • The width of a new entry sidewalk should generally be three feet or less for residential properties. A wider sidewalk may be appropriate for an AspenModern property. Response – The simple existing stone walkway to the entrance of the pan abode is maintained in the proposal. In contrast to the perpendicular walkway to the pan abode, a walkway is proposed along the east side yard to access the new detached building. The walkway protects tree roots and has a slight jog at Hopkins Avenue to offer a different experience to the pan abode’s entrance. 1.7 Provide positive open space within a project site. • Ensure that open space on site is meaningful and consolidated into a few large spaces rather than many small unusable areas. • Open space should be designed to support and complement the historic building. Response – The existing open space in front and at the sides of the pan abode is maintained. Meaningful open space is provided between the two buildings, and on the roof of the new residence. 1.8 Consider stormwater quality needs early in the design process. • When included in the initial planning for a project, stormwater quality facilities can be better integrated into the proposal. All landscape plans presented for HPC review must include at least a preliminary representation of the stormwater design. A more detailed design must be reviewed and approved by Planning and Engineering prior to building permit submittal. • Site designs and stormwater management should provide positive drainage away from the historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce the generation of additional stormwater runoff, and increase infiltration into the ground. Stormwater facilities and conveyances located in front of a landmark should have minimal visual impact when viewed from the public right of way. 122 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Refer to City Engineering for additional guidance and requirements. Response – A preliminary storm water plan is provided in the application. A more detailed plan will be provided for review at Final Design Review. 1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. • Site furnishings that are added to the historic property should not be intrusive or degrade the integrity of the neighborhood patterns, site, or existing historic landscape. • Consolidating and screening these elements is preferred. Response – Built in features are not proposed in front of the pan abode. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. • Retaining historic planting beds and landscape features is encouraged. • Protect historically significant vegetation during construction to avoid damage. Removal of damaged, aged, or diseased trees must be approved by the Parks Department. • If a significant tree must be removed, replace it with the same or similar species in coordination with the Parks Department. • The removal of non-historic planting schemes is encouraged. • Consider restoring the original landscape if information is available, including original plant materials. Response – The large spruce trees on either side of the pan abode are preserved. 1.12 Provide an appropriate context for historic structures. See diagram. • Simplicity and restraint are required. Do not overplant a site, or install a landscape which is over textured or overly complex in relationship to the historic resource, particularly in Zone A. In Zone A, new planting shall be species that were used historically or species of similar attributes. • In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod, and low shrubs are often appropriate. • Contemporary planting, walls and other features are not appropriate in Zone A. A more contemporary landscape may surround new development or be located in the rear of the property, in Zone C. • Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio where appropriate. • Where residential structures are being adapted to commercial use, proposals to alter the landscape will be considered on a case-by-case basis. The residential nature of the building must be honored. • In the case of a historic landmark lot split, careful consideration should be given so as not to over plant either property, or remove all evidence of the landscape characteristics from before the property was divided. • Contemporary landscapes that highlight an AspenModern architectural style are encouraged. 123 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] Response – The preliminary landscape plan honors the existing simple landscape at the front of the pan abode and maintains open side yards for porosity. A walkway is proposed from Hopkins Avenue to access the new residence. 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. • Low plantings and ground covers are preferred. • Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. Hedgerows are not allowed as fences. • Consider mature canopy size when planting new trees adjacent to historic resources. Planting trees too close to a landmark may result in building deteriorate or blocked views and is inappropriate. • Climbing vines can damage historic structures and are not allowed. Response – New plantings will not block the historic structure. 1.14 Minimize the visual impacts of landscape lighting. • Landscape and pathway lighting is not permitted in Zone A (refer to diagram) on Aspen Victorian properties unless an exception is approved by HPC based on safety considerations. • Landscape, driveway, and pathway lighting on AspenModern properties is addressed on a case- by-case basis. • Landscape light fixtures should be carefully selected so that they are compatible with the building, yet recognizable as a product of their own time. • Driveway lighting is not permitted on Aspen Victorian properties. • Landscape uplighting is not allowed. Response – Landscape lighting is not proposed at this time. 1.15 Preserve original fences. • Fences which are considered part of the historic significance of a site should not be moved, removed, or inappropriately altered. • Replace only those portions of a historic fence that are deteriorated beyond repair. • Replacement elements must match the existing. Response – n/a. 1.16 When possible, replicate a missing historic fence based on photographic evidence. Response – n/a. 1.17 No fence in the front yard is often the most appropriate solution. • Reserve fences for back yards and behind street facing façades, as the best way to preserve the character of a property. Response – A fence is not proposed in the front yard. 124 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. • The new fence should use materials that were used on similar properties during the period of significance. • A wood fence is the appropriate solution in most locations. • Ornate fences, including wrought iron, may create a false history are not appropriate for Aspen Victorian landmarks unless there is evidence that a decorative fence historically existed on the site. • A modest wire fence was common locally in the early 1900s and is appropriate for Aspen Victorian properties. This fence type has many desirable characteristics including transparency, a low height, and a simple design. When this material is used, posts should be simply detailed and not oversized. Response – A new 6’ tall wood fence is proposed around the new building to define outdoor space for each dwelling. A new 2.5’ tall fence is proposed in the west side yard of the pan abode to define outdoor space for the cabin. The fence design pulls details from the pan abode’s overlapping corners. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. • A fence that defines a front yard must be low in height and transparent in nature. • For a picket fence, spacing between the pickets must be a minimum of 1/2 the width of the picket. • For Post-WWII properties where a more solid type of fence may be historically appropriate, proposals will be reviewed on a case-by-case basis. • Fence columns or piers should be proportional to the fence segment. Response – There are two fence designs proposed – one is a horizontal privacy fence to create a private outdoor space behind the pan abode, and the second is a more transparent fence that references the overlapping ends of the pan abode. Fence details and design will be finalized at Final HPC review. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. • A privacy fence should incorporate transparent elements to minimize the possible visual impacts. Consider staggering the fence boards on either side of the fence rail. This will give the appearance of a solid plank fence when seen head on. Also consider using lattice, or other transparent detailing on the upper portions of the fence. • A privacy fence should allow the building corners and any important architectural features that are visible from the street to continue to be viewed. • All hedgerows (trees, shrub bushes, etc.) are prohibited in Zones A and B. Response – The privacy fence is only around the southwest corner of the pan abode. The entire north and east elevations of the pan abode are visible to the public. The fence design and location will be further studied for the final HP application. 1.21 Preserve original retaining walls • Replace only those portions that are deteriorated beyond repair. Any replacement materials should match the original in color, texture, size and finish. 125 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Painting or covering a historic masonry retaining wall or covering is not allowed. • Increasing the height of a retaining wall is inappropriate. Response – n/a. 1.22 When a new retaining wall is necessary, its height and visibility should be minimized. • All wall materials, including veneer and mortar, will be reviewed on a case by case basis and should be compatible with the palette used on the historic structure. Response – n/a. 1.23 Re-grading the site in a manner that changes historic grade is generally not allowed and will be reviewed on a case by case basis. Response – Regrading will be limited and will comply with Parks requirements for tree protection. 1.24 Preserve historically significant landscapes with few or no alterations. • An analysis of the historic landscape and an assessment of the current condition of the landscape should be done before the beginning of any project. • The key features of the historic landscape and its overall design intent must be preserved. Response – n/a. 1.25 New development on these sites should respect the historic design of the landscape and its built features. • Do not add features that damage the integrity of the historic landscape. • Maintain the existing pattern of setbacks and siting of structures. • Maintain the historic relationship of the built landscape to natural features on the site. • All additions to these landscapes must be clearly identifiable as recent work. • New artwork must be subordinate to the designed landscape in terms of placement, height, material, and overall appearance. Place new art away from significant landscape features. • Avoid installing utility trenches in cultural landscapes if possible. Response – n/a. 1.26 Preserve the historic circulation system. • Minimize the impact of new vehicular circulation. • Minimize the visual impact of new parking. • Maintain the separation of pedestrian and vehicle which occurred historically. Response – n/a. 1.27 Preserve and maintain significant landscaping on site. • Protect established vegetation during any construction. • If any tree or shrub needs to be removed, replace it with the same or similar species. 126 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • New planting should be of a species used historically or a similar species. • Maintain and preserve any gardens and/or ornamental planting on the site. • Maintain and preserve any historic landscape elements. Response – n/a. Restoration Materials 2.1 Preserve original building materials. • Do not remove siding that is in good condition or that can be repaired in place. • Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations, should be preserved. • Avoid rebuilding a major portion of an exterior wall that could be repaired in place. Reconstruction may result in a building which no longer retains its historic integrity. • Original AspenModern materials may be replaced in kind if it has been determined that the weathering detracts from the original design intent or philosophy. 2.2 The finish of materials should be as it would have existed historically. • Masonry naturally has a water-protective layer to protect it from the elements. Brick or stone that was not historically painted shall not be painted. • If masonry that was not painted historically was given a coat of paint at some more recent time, consider removing it, using appropriate methods. • Wood should be painted, stained or natural, as appropriate to the style and history of the building. 2.3 Match the original material in composition, scale and finish when replacing materials on primary surfaces. • If the original material is wood clapboard for example, then the replacement material must be wood as well. It should match the original in size, and the amount of exposed lap and finish. • Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. For AspenModern buildings, sometimes the replacement of a larger area is required to preserve the integrity of the design intent. 2.4 Do not use synthetic materials as replacements for original building materials. • Original building materials such as wood siding and brick should not be replaced with synthetic materials. 2.5 Covering original building materials with new materials is inappropriate. • Regardless of their character, new materials obscure the original, historically significant material. • Any material that covers historic materials may also trap moisture between the two layers. This will cause accelerated deterioration to the historic material which may go unnoticed. 127 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] 2.6 Remove layers that cover the original material. • Once the non-historic siding is removed, repair the original, underlying material. Response – The south elevation 1970s addition will be removed and restored to match the 1965s photograph. Areas of the pan abode are deteriorated from normal wear and tear. Existing material will be restored and replaced if necessary (potentially using the demolished 1970s material), with staff and monitor review in the field. Windows 3.1 Preserve the functional and decorative features of a historic window. • Features important to the character of a window include its frame, sash, muntins/mullions, sills, heads, jambs, moldings, operations, and groupings of windows. • Repair frames and sashes rather than replacing them. Figures 1 & 2: 1965 photograph of south elevation (top) compared to current condition (bottom). 128 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Preserve the original glass. If original Victorian era glass is broken, consider using restoration glass for the repair. 3.2 Preserve the position, number, and arrangement of historic windows in a building wall. • Enclosing a historic window is inappropriate. • Do not change the size of an original window opening. 3.3 Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window must also be double-hung. If the sash have divided lights, match that characteristic as well. 3.4 When replacing an original window, use materials that are the same as the original. 3.5 Preserve the size and proportion of a historic window opening. • Changing the window opening is not permitted. • Consider restoring an original window opening that was enclosed in the past. 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. • A historic window often has a complex profile. Within the window’s casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. • The historic profile on AspenModern properties is typically minimal. 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. 3.8 Use a storm window to enhance energy conservation rather than replace a historic window. • Install a storm window on the interior, when feasible. This will allow the character of the original window to be seen from the public way. • If a storm window is to be installed on the exterior, match the sash design and material of the original window. It should fit tightly within the window opening without the need for sub-frames or panning around the perimeter. A storm window should not include muntins unless necessary for structure. Any muntin should be placed to match horizontal or vertical divisions of the historic window. 129 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] Response – Historic windows will be repaired as needed. Windows on the south elevation will be restored to match the 1965 photograph (see Figure 1 above). Doors 4.1 Preserve historically significant doors. • Maintain features important to the character of a historic doorway. These include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Do not change the position and function of original front doors and primary entrances. • If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. • Previously enclosed original doors should be reopened when possible. 4.2 Maintain the original size of a door and its opening. • Altering its size and shape is inappropriate. It should not be widened or raised in height. 4.3 When a historic door or screen door is damaged, repair it and maintain its general historic appearance. 4.4 When replacing a door or screen door, use a design that has an appearance similar to the original door or a door associated with the style of the building. • A replica of the original, if evidence exists, is the preferred replacement. • A historic door or screen door from a similar building also may be considered. • Simple paneled doors were typical for Aspen Victorian properties. • Very ornate doors, including stained or leaded glass, are discouraged, unless photographic evidence can support their use. 4.5 Adding new doors on a historic building is generally not allowed. • Place new doors in any proposed addition rather than altering the historic resource. • Greater flexibility in installing a door in a new location may be considered on rear or secondary walls. • A new door in a new location should be similar in scale and style to historic openings on the building and should be a product of its own time. • Preserve the historic ratio of openings to solid wall on a façade. Significantly increasing the openings on a character defining façade negatively affects the integrity of a structure. 4.6 If energy conservation and heat loss are concerns, use a storm door instead of replacing a historic entry door. • Match the material, frame design, character, and color of the primary door. 130 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Simple features that do not detract from the historic entry door are appropriate for a new storm door. • New screen doors should be in character with the primary door. 4.7 Preserve historic hardware. • When new hardware is needed, it must be in scale with the door and appropriate to the style of the building. • On Aspen Victorian properties, conceal any modern elements such as entry key pads. Response – The existing pan abode doors are proposed to remain and to be repaired as needed. Porch 5.1 Preserve an original porch or balcony. • Replace missing posts and railings when necessary. Match the original proportions, material and spacing of balusters. • Expanding the size of a historic porch or balcony is inappropriate. 5.2 Avoid removing or covering historic materials and details. • Removing an original balustrade, for example, is inappropriate. 5.3 Enclosing a porch or balcony is not appropriate. • Reopening an enclosed porch or balcony is appropriate. 5.4 If reconstruction is necessary, match the original in form, character and detail. • Match original materials. • When reconstructing an original porch or balcony without historic photographs, use dimensions and characteristics found on comparable buildings. Keep style and form simple with minimal, if any, decorative elements. 5.5 If new steps are to be added, construct them out of the same primary materials used on the original, and design them to be in scale with the porch or balcony • Steps should be located in the original location. • Step width should relate to the scale of entry doors, spacing between posts, depth of deck, etc. • Brick, red sandstone, grey concrete, or wood are appropriate materials for steps. 5.6 Avoid adding handrails or guardrails where they did not exist historically, particularly where visible from the street. • If handrails or guardrails are needed according to building code, keep their design simple in character and different from the historic detailing on the porch or balcony. 131 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] Response – The original front porch/entry is proposed to remain and be repaired as needed. Architectural Details 6.1 Preserve significant architectural features. • Repair only those features that are deteriorated. • Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized preservation methods whenever possible. • On AspenModern properties, repair is preferred, however, it may be more important to preserve the integrity of the original design intent, such as crisp edges, rather than to retain heavily deteriorated material. 6.2 When disassembly of a historic element is necessary for its restoration, use methods that minimize damage to the original material. • Document its location so it may be repositioned accurately. Always devise methods of replacing the disassembled material in its original configuration. 6.3 Remove only the portion of the detail that is deteriorated and must be replaced. • Match the original in composition, scale, and finish when replacing materials or features. • If the original detail was made of wood, for example, then the replacement material should be wood, when feasible. It should match the original in size and finish. 6.4 Repair or replacement of missing or deteriorated features are required to be based on original designs. • The design should be substantiated by physical or pictorial evidence to avoid creating a misrepresentation of the building’s heritage. • When reconstruction of an element is impossible because there is no historical evidence, develop a compatible new design that is a simplified interpretation of the original, and maintains similar scale, proportion and material. 6.5 Do not guess at “historic” designs for replacement parts. • Where scars on the exterior suggest that architectural features existed, but there is no other physical or photographic evidence, then new features may be designed that are similar in character to related buildings. • Using ornate materials on a building or adding new conjectural detailing for which there is no documentation is inappropriate. Response – Architectural details are proposed to be repaired and/or replaced using the 1970s addition as needed with staff and monitor approval in the field. Roof 7.1 Preserve the original form of a roof. 132 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from the street. • Retain and repair original and decorative roof detailing. • Where the original roof form has been altered, consider restoration. 7.2 Preserve the original eave depth. • Overhangs contribute to the scale and detailing of a historic resource. • AspenModern properties typically have very deep or extremely minimal overhangs that are key character defining features of the architectural style. 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Skylights and solar panels are generally not allowed on a historic structure. These elements may be appropriate on an addition. 7.4 New vents should be minimized, carefully, placed and painted a dark color. • Direct vents for fireplaces are generally not permitted to be added on historic structures. • Locate vents on non-street facing facades. • Use historic chimneys as chases for new flues when possible. 7.5 Preserve original chimneys, even if they are made non-functional. • Reconstruct a missing chimney when documentation exists. 7.6 A new dormer should remain subordinate to the historic roof in scale and character. • A new dormer is not appropriate on a primary, character defining façade. • A new dormer should fit within the existing wall plane. It should be lower than the ridgeline and set in from the eave. It should also be in proportion with the building. • The mass and scale of a dormer addition must be subordinate to the scale of the historic building. • While dormers improve the livability of upper floor spaces where low plate heights exist, they also complicate the roof and may not be appropriate on very simple structures. • Dormers are not generally not permitted on AspenModern properties since they are not characteristics of these building styles. 7.7 Preserve original roof materials. • Avoid removing historic roofing material that is in good condition. When replacement is necessary, use a material that is similar to the original in both style as well as physical qualities and use a color that is similar to that seen historically. 7.8 New or replacement roof materials should convey a scale, color and texture similar to the original. • If a substitute is used, such as composition shingle, the roof material should be earth tone and have a matte, non-reflective finish. 133 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non- reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate for a secondary structure from that time period. • A metal roof material should have a matte, non-reflective finish and match the original seaming. 7.9 Avoid using conjectural features on a roof. • Adding ornamental cresting, for example, where there is no evidence that it existed, creates a false impression of the building’s original appearance, and is inappropriate. 7.10 Design gutters so that their visibility on the structure is minimized to the extent possible. • Downspouts should be placed in locations that are not visible from the street if possible, or in locations that do not obscure architectural detailing on the building. • The material used for the gutters should be in character with the style of the building. Response – The pan abode roof will be replaced with wood shingle to match existing. New Detached Home 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case-by-case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. Response - The new building is oriented parallel to the lot lines to maintain the traditional grid and to relate to the pan abode. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. • The front porch shall be functional, and used as the means of access to the front door. • A new porch must be similar in size and shape to those seen traditionally. Response – A front porch is proposed to define the entry into the new building. A walkway is proposed from Hopkins that reinforces the entrance. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. 134 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] • Reflect the heights and proportions that characterize the historic resource. Response – The new building is divided into smaller modules through material application and window placement. Vertical and horizontal wood siding divides the north elevation into modules that relate to the asymmetrical vertical joints and façade division of the pan abode, but in a contemporary application. 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. Response – The primary plane of the new building is similarly scaled to the historic building in the application of the building materials. The new building is taller than the one story historic structure; however, the front porch is lower in height. 11.5 The intent of the historic landmark lot split is to remove most of the development potential from the historic resource and place it in the new structure(s). • This should be kept in mind when determining how floor area will be allocated between structures proposed as part of a lot split. Response – While this is not a lot split project, the majority of the floor area is allocated to the detached new building at the rear of the property. 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. Response – The new structure is consistent with form and materials, and diverts from the pan abode in the fenestration category. The primary form reflects the simplicity of the pan abode footprint and shallow roof. The secondary form of the new building is a steeper gable roof that is setback to break up massing. The primary material is wood with a similar scale and finish as the pan abode. The application of wood siding in both vertical and horizontal sections references the horizontal and vertical divisions of the pan abode but with a modern influence. Subtle references to the pan abode are found throughout the new building that create a strong dialogue between the two structures – for example, the rain screen has overlapping ends that reference the pan abode corners. Metal is woven as an accent throughout the façade. The project diverts in fenestration from the pan abode. Windows and doors are contextual to the rest of the property, but the placement, size and style of the doors and windows are contemporary. 135 Exhibit D.1 Conceptual HP Review Criteria [12.8.2020] 11.7 The imitation of older historic styles is discouraged. • This blurs the distinction between old and new buildings. • Overall, details shall be modest in character. Response -The new building reflects on the pan abode but is a clearly a product of its own time. The details are simple and subordinate to the pan abode. 136 Exhibit D.2 FAR Bonus [12.8.2020 update] Exhibit D.2 – FAR Bonus 26.415.110 Benefits F. Floor area bonus. 1. In selected circumstances, the HPC may grant up to five hundred additional square feet of allowable floor area for projects involving designated historic properties. The potential bonus is determined by net lot area such that a 3,000 – 5,999 square foot lot is eligible for a maximum of two hundred fifty square foot floor area bonus, a 6,000-8,999 square foot lot is eligible for a maximum of a three hundred and seventy five square foot floor area bonus and a 9,000 square foot or larger lot is eligible for a maximum of a 500 square foot floor area bonus. Floor area bonuses are cumulative. More than one bonus may be approved up to the maximum amount allowed for the lot. If a property is subdivided, the maximum bonus will be based on the original lot size, though the bonus may be allocated amongst the newly created parcels to the extent permitted. On any lot where a historic property is permitted a duplex density while a non-historic property is not, the increased allowable floor area that results from the density will be deducted from the maximum bonus that the property may receive. To be considered for the bonus, it must be demonstrated that the project meets all of the following criteria: a) The historic building is the key element of the property, and the primary entry into the structure, and the addition is incorporated in a manner that maintains the visual integrity of the historic building; and b) If applicable, historically significant site and landscape features from the period of significant of the historic building are preserved; and the applicant is undertaking multiple significant restoration actions, including but not limited to, re-opening an enclosed porch, re-installing doors and windows in original openings that have been enclosed, removing paint or other non- original finishes, or removing elements which are covering original materials or features; and c) The project retains a historic outbuilding, if one is present, as a free standing structure above grade; and d) The applicant is electing a preservation outcome that is a high priority for HPC, including but not limited to, creating at least two detached structure on the site, limiting the amount of above grade square footage added directly to a historic resource to no more than twice that above grade square footage of the historic resource, limited the height of an addition to a historic resource to the height of the resource or lower, or demolishing and replacing a significantly incompatible non-historic addition to a historic resource with an addition that meets current guidelines. Response – 211 West Hopkins is eligible for 15sf of bonus floor area on top of the 3,600sf of floor area allowed by right on a 6,000sf lot with two detached dwellings. As part of the AspenModern negotiation the project is also asking for 120sf of additional bonus floor area for a total of 135sf of floor area. The pan abode is the key element of the property and is the primary entry into the site. A detached building is proposed behind the cabin to remove all development pressure from the cabin and to avoid any future 137 Exhibit D.2 FAR Bonus [12.8.2020 update] addition to the original footprint. There is no above grade square footage added to the cabin and a 1970s addition is removed from the cabin to restore the original footprint. A basement with two small lightwells is proposed beneath the pan abode. As part of the AspenModern negotiation for this important pan abode, we respectfully request a 135sf FAR bonus for this property. Table 1: Use and Square footage breakdown for bonus Allowed floor area by right Floor area bonus (375sf) Single family 3,240sf Maximum of 3,597sf Two detached 3,600sf Maximum of 3,615sf 5. Separate from the floor area bonus described above, on a lot that contains a historic resource, HPC may exempt wall exposed by a light well that is larger than the minimum required for egress from the calculation of subgrade floor area only if the light well is internalized such that it is entirely recessed behind the vertical plane established by the portion of the building facades closest to any street, the lightwell is screened from view from the street by building walls or fences, and any addition that is made to the affected resource simultaneous or after the construction of the light well is entirely one story. Response – n/a. This request was removed as part of the HPC review process. 138 Exhibit D.3 Setback Variation [updated 12.8.20] Exhibit D.3 - Setback Variances 26.415.110. Benefits. The City is committed to providing support to property owners to assist their efforts to maintain, preserve and enhance their historic properties. Recognizing that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated historic properties and districts. Benefits to encourage good historic preservation practices by the owners of historic properties are an important aspect of Aspen's historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. Aspen's preservation benefits are in response to tight historic preservation controls that have been legislated by the City since 1972. The Community Development Department and Historic Preservation Commission (HPC) are dedicated to assisting property owners in renovating and maintaining their property. Aspen is unique. Its historic resources and spirit of community have not been duplicated anywhere else in the world. It is this basic character that has helped make the City both economically vital and cherished by many. Only designated properties may be eligible for the following benefits. C. Variances. Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent (5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. 139 Exhibit D.3 Setback Variation [updated 12.8.20] Response – We respectfully request the following variations: Required Proposed Rear yard 10’ living space 8’ living space Protection of the two large spruce trees at the front of the property result in a larger than required front setback for the cabin. Maintaining at least 10 feet between detached buildings to have ample separation between the cabin and the new residence pushes development toward the alley. The proposed variations allow the new development to be pushed away from the pan abode to the rear of the lot. 140 Exhibit D.4 Parking/Transportation Exhibit D.4 Transportation Transportation and Parking Management 26.515.060.C. Review Criteria. All development and redevelopment projects are required to submit a Mobility Plan, which shall include and describe a project’s mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor or major project categories as outlined in the TIA Guidelines. Response – n/a. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. Response – The project is required to provide 2 onsite spaces for the residence. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. Response – There is currently no parking onsite for the pan abode, which will be maintained. The project triggers 2 onsite spaces which are provided in the garage. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Response – n/a. 141 Exhibit D.5 Relocation 211 West Hopkins Ave. Exhibit D.5 Relocation 26.415.090. Relocation of designated historic properties. The intent of this Chapter is to preserve designated historic properties in their original locations as much of their significance is embodied in their setting and physical relationship to their surroundings as well as their association with events and people with ties to particular site. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. C. Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. Response – The historic landmark is proposed to be stabilized and temporarily lifted or potentially moved to dig a basement and to replace the foundation. It will be placed back in its original location after the basement is completed. The structure is capable of being picked up, and the new foundation will provide structural stability ensuring the future of the landmark. 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. • This activity will require the same level of documentation, structural assessment, and posting of financial assurances as a building relocation. 142 Exhibit D.5 Relocation 211 West Hopkins Ave. Response –In order to keep construction impacts minimized, protect the large trees and limit disturbance on Hopkins Avenue, we are exploring two options – 1) shift the pan abode to the south temporarily; or 2) temporarily lift the pan abode in its current location. We have met with Parks onsite to discuss tree protection and foundation location in relationship to tree roots. 9.2 Proposals to relocate a building will be considered on a case-by-case basis. • In general, on-site relocation has less of an impact on individual landmark structures than those in a historic district. • In a district, where numerous adjacent historic structures may exist, the way that buildings were placed on the site historically, and the open yards visible from the street are characteristics that should be respected in new development. • Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building relocation. • In some cases, the historic significance of the structure, the context of the site, the construction technique, and the architectural style may make on-site relocation too impactful to be appropriate. It must be demonstrated that on-site relocation is the best preservation alternative in order for approval to be granted. • If relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade, it is not an appropriate preservation option. Response – Only a temporary relocation is proposed to excavate a full basement. 9.3 Site a relocated structure in a position similar to its historic orientation. • It must face the same direction and have a relatively similar setback. In general, a forward movement, rather than a lateral movement is preferred. HPC will consider setback variations where appropriate. • A primary structure may not be moved to the rear of the parcel to accommodate a new building in front of it. • Be aware of potential restrictions against locating buildings too close to mature trees. Consult with the City Forester early in the design process. Do not relocate a building so that it becomes obscured by trees. Response – The structure will be in its original location. 9.4 Position a relocated structure at its historic elevation above grade. • Raising the finished floor of the building slightly above its original elevation is acceptable if needed to address drainage issues. A substantial change in position relative to grade is inappropriate. • Avoid making design decisions that require code related alterations which could have been avoided. In particular, consider how the relationship to grade could result in non-historic guardrails, etc. 143 Exhibit D.5 Relocation 211 West Hopkins Ave. Response – The structure will maintain the same relationship to grade as existing. Grade will be documented prior to relocation to ensure an accurate final grade. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. Response – The new foundation will match the existing concrete foundation. 9.6 Minimize the visual impact of lightwells. • The size of any lightwell that faces a street should be minimized. • Lightwells must be placed so that they are not immediately adjacent to character defining features, such as front porches. • Lightwells must be protected with a flat grate, rather than a railing or may not be visible from a street. • Lightwells that face a street must abut the building foundation and generally may not “float” in the landscape except where they are screened, or on an AspenModern site. Response – Lightwells are minimized to the greatest extend possible while still providing natural light to below grade bedrooms. The lightwells are not located in a setback, and are the minimum size per Building Code. 9.7 All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings, or can document adequate experience in successfully relocating such buildings. • The specific methodology to be used in relocating the structure must be approved by the HPC. • During the relocation process, panels must be mounted on the exterior of the building to protect existing openings and historic glass. Special care shall be taken to keep from damaging door and window frames and sashes in the process of covering the openings. Significant architectural details may need to be removed and securely stored until restoration. • The structure is expected to be stored on its original site during the construction process. Proposals for temporary storage on a different parcel will be considered on a case by case basis and may require special conditions of approval. • A historic resource may not be relocated outside of the City of Aspen. 144 Exhibit D.5 Relocation 211 West Hopkins Ave. Response – A letter from a housemover will be provided prior to the HPC hearing. 9.8 Proposals to relocate a building to a new site are highly discouraged. • Permanently relocating a structure from where it was built to a new site is only allowed for special circumstances, where it is demonstrated to be the only preservation alternative. Response – n/a. 145 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: August 31, 2020 PROPERTY: 211 W. Hopkins Avenue REPRESENTATIVE: Sara Adams, sara@bendonadams.com REQUEST: Historic Designation, Major Development DESCRIPTION: 211 W. Hopkins is a 6,000 square foot lot zoned R-6. It is developed with a Pan Abode home built in 1956 which makes the property eligible for voluntary historic designation through the City’s AspenModern program. This designation process allows for the negotiation of site-specific benefits to be awarded by City Council in response to the owner’s commitment to historic preservation. It is staff’s understanding the applicant’s approach will be to preserve the Pan Abode, with the possible removal of a non-original addition, and to construct a detached second dwelling unit on the site. The second unit is an option only available to landmarks. Variations and waivers may be requested related to setbacks, parking, affordable housing and other requirements. There are numerous trees on the property which need to be preserved or issued tree removal permits through the Parks Department. The first review step will be a hearing with HPC, who will provide a recommendation to City Council on the appropriateness of landmark designation and the benefits package. At this hearing, HPC will also conduct Conceptual review of the redevelopment plan. HPC will use the Historic Preservation Design Guidelines and the Land Use Code Sections that are applicable to this project to assist with their determinations. Following approval, staff will provide Council with Notice of Call-Up of the HPC design determinations and will provide HPC’s recommendation on designation and benefits. Council will respond to the Call-Up Notice and will make the final determination on the designation and benefits. The Municipal Code provides that the Council review is to be accomplished within 90 days of application submission, unless the City and applicant agree to a longer timeframe. The applicant may withdraw from the process at any time until a designation ordinance is passed. Following Council, HPC will conduct Final Design review to consider landscape, lighting and materials. This review is not required to happen within the 90 day negotiation timeframe. Below are links to the Land Use Application form and Land Use Code for your convenience: Historic Preservation Land Use Application Land Use Code Land Use Code Section(s) 146 26.304 Common Development Review Procedures 26.410 Residential Design Standards (new unit only) 26.415.025.C Identification of Historic Properties 26.415.030 Designation of historic properties 26.415.070.D Historic Preservation – Major Development 26.415.090 Relocation 26.415.110 Benefits 26.575.020 Calculations and Measurements 26.710.040 Medium-Density Residential (R-6) Review by: Staff for completeness and recommendations HPC for recommendations on designation and benefits, and decisions on Major Development and Relocation review Council for decisions on designation and benefits Public Hearing: Yes, at HPC and Council Planning Fees: Planning Staff hours related to review of Historic designation are exempt from land use fees. Staff will seek referral comments from the Building Department, Zoning, Engineering and Parks regarding any relevant code requirements or considerations. There will be no Development Review Committee meeting or referral fees. A $1,950 deposit for 6 billable hours of staff time will be due at Conceptual and Final submittal. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) To apply, email the following information in a single pdf to amy.simon@cityofaspen.com:  Completed Land Use Application.  An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  A site improvement survey (no older than a year from submittal) including topography and vegetation and the high-water line and 100 year flood plain (flood hazard area) showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado.  HOA Compliance form. 147  List of adjacent property owners within 300’ for public hearing.  A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application.  A map indicating the boundaries of the historic designation.  Historic property description, including narrative text, photographs and/or other graphic materials that document its physical characteristics.  Written description of historic preservation benefits which the property owner request be awarded at the time of designation, and relationship to Section 26.415.010, Purpose and Intent of the historic preservation program.  A proposed site plan.  Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations.  Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. For Conceptual, the following items will need to be submitted in addition to the items listed above:  Graphics identifying preliminary selection of primary exterior building materials.  A preliminary stormwater design. For Final Review, the following items will need to be submitted in addition to the items listed above:  Drawings of the street facing facades must be provided at ¼” scale.  Final selection of all exterior materials, and samples or clearly illustrated photographs. Samples are preferred for the presentation to HPC.  A lighting plan and landscape plan, including any visible stormwater mitigation features. Disclaimer:The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 148 149 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED)___________________________________________________________ Applicant: Name: Address: Phone #: _______________________Fax#:___________________E-mail:_______________________________________________ REPRESENTATIVE: Name: Address: Phone #: _______________________Fax#:___________________E-mail:________________________________________________ TYPE OF APPLICATION: (please check all that apply): Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment Relocation (temporary, on or off-site) Demolition (total demolition) Historic Landmark Lot Split EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ___________________________________________________________________________________________________________ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ________________________________________________________________________________________________________ 211 West Hopkins Avenue - AspenModern 211 West Hopkins Avenue, Lots F and G, Block 53, City and Townsite of Aspen, CO 81611 2735-124-63-003 Matt Joblon and Vaughan Capital Partners LP 205 Detroit St. Suite 400, Denver, CO 80206 508-344-2557 matt@bmcinv.com BendonAdams and Rowland + Broughton 300 S. Spring Street, #202, Aspen, CO, 81611 and 500 West Main Street, Aspen, CO 81611 925-2855 and 544-9006 sara@bendonadams.com + john@rowlandbroughton.com 150 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen|130 S. Galena Street.| (970) 920 5090 Historic Land Use Application Requirements, Updated: March 2016 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:_________________ Number of residential units: Existing:__________Proposed:_________________ Proposed % of demolition: __________ DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing:_________Allowable:__________Proposed:________ Principal Bldg.: Existing:_________Allowable:__________Proposed:________ Accessory Bldg.: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined Front/Rear: Indicate N, S, E, W Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance between buildings: Existing:_________Required:___________Proposed:________ Existing non-conformities or encroachments and note if encroachment licenses have been issued: _____________________________________________________________________________ _____________________________________________________________________________ Variations requested (identify the exact variances needed): ______________________________ ______________________________________________________________________________ 151 152 153 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 10, 2020 Phillip Supino, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 211 West Hopkins Avenue; Aspen, CO. Mr. Supino: Please accept this letter authorizing Matt Joblon and BendonAdams to represent our ownership interests in 211 West Hopkins and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 211 West Hopkins Avenue, Aspen, CO 81611 Legal Description – Lots F and G, Block 53, City and Townsite of Aspen Parcel ID – 2735-124-63-003 Owner – Vaughan Capital Partners LP Kind Regards, VAUGHAN CAPITAL PTNRS LP PO BOX 390 HEBRON IL 60034 Charles S. Vaughan 09/10/2020 Nicole Rowean 09/11/2020 Howard A. Vaughan 09/16/2020 154 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62011752 Date: 09/08/2020 Property Address:211 W HOPKINS AVE, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Melissa J. Jones 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (303) 393-4941 (Work Fax) mejones@ltgc.com Contact License: CO450818 Company License: CO44565 Marc Obadia 533 E HOPKINS #102 ASPEN, CO 81611 (970) 925-1678 (Work) (800) 318-8202 (Work Fax) mobadia@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower MATT JOBLON Delivered via: Electronic Mail Seller/Buyer Agent CHRISTIE`S INTERNATIONAL REAL ESTATE ASPEN SNOWMASS LLC Attention: NICK LINCOLN 510 E HYMAN AVE #21 ASPEN, CO 81611 (970) 544-5800 (Work) (970) 544-8185 (Work Fax) nick@christiesaspenre.com Delivered via: Electronic Mail Seller/Owner VAUGHAN CAPITAL PARTNERS LP Attention: Charles S. Vaughan Delivered via: Electronic Mail Buyer/Borrower Erin Fetter Attention: ERIN FETTER 510 E HYMAN AVE #21 ASPEN, CO 81611 (970) 544-5800 (Work) (970) 544-8185 (Work Fax) erin@christiesaspenre.com Delivered via: Electronic Mail 155 Land Title Guarantee Company Estimate of Title Fees Order Number:Q62011752 Date: 09/08/2020 Property Address:211 W HOPKINS AVE, ASPEN, CO 81611 Parties:MATT JOBLON VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $10,402.00 Deletion of Standard Exception(s)$75.00 Tax Certificate $26.00 Total $10,503.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 07/02/1965 under reception no. 121094 at book 213 page 528 Pitkin county recorded 01/16/1997 under reception no. 400963 Pitkin county recorded 07/25/2008 under reception no. 551440 Pitkin county recorded 01/05/2010 under reception no. 565887 156 Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 211 W HOPKINS AVE, ASPEN, CO 81611 1. Effective Date: 08/21/2020 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: MATT JOBLON $6,000,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: LOTS F AND G,​ BLOCK 53,​ CITY AND TOWNSITE OF ASPEN,​ COUNTY OF PITKIN,​ STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62011752 157 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62011752 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2. FURNISH A COPY OF THE CERTIFICATE OF LIMITED PARTNERSHIP AND ALL AMENDMENTS THERETO, FOR THE PARTNERSHIP NAMED BELOW, FILED WITH THE SECRETARY OF STATE; PARTNERSHIP NAME: VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP 3. A FULL COPY OF THE PARTNERSHIP AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENT. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP AS A LIMITED PARTNERSHIP. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5. SPECIAL WARRANTY DEED FROM VAUGHAN CAPITAL PARTNERS L.P., A DELAWARE LIMITED PARTNERSHIP TO MATT JOBLON CONVEYING SUBJECT PROPERTY. 158 REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2020 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62011752 All of the following Requirements must be met: 159 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED NOVEMBER 02, 1887 IN BOOK 59 AT PAGE 75, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE ASPEN HISTORICAL PRESERVATION COMMITTEE, NO. 21, SERIES OF 2009 RECORDED DECEMBER 4, 2009 AS RECEPTION NO. 565020. 10. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE OF THE CITY COUNCIL OF ASPEN, NO. 19, SERIES OF 2017 RECORDED AUGUST 9, 2017 AS RECEPTION NO. 640553. 11. CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED BY ROCKY MOUNTAIN SURVEYING, JOB NO. 17586 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 36115478 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62011752 160 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 161 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 162 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 163 Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 164 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 165 323 311 311 323 323 311 323 323 331 311 323 311 311333 333 333 333 333 311 311 311 311 311 311 301 301 301 301 301 311 233 311 311 233 311 233 200 311 311 311 124 124 124 124 124 124 124 218 300 322 312322 326 315 324 324 325 301 315 334 312 333 303 222 204204 204211 222 233 233 233 233 233 124 233 233 222 233 233 222 205 233 233 222 233 233 233 233 124 127 127 211 116 232 204 232 221 210 214 124 232 300 124 232 216 134 232 212 124 237 232 234 200 308 232 232 211 127 232 232 124 205 232 135 120 232 235 R/MF R-15 R-6 W HY M A N A V E S 1ST STS 2ND STS 2ND STS 1ST STN 2ND STS 1ST STS 2ND STS 2ND STS 3RD ST211 West Hopkins Vicinity Map Historic Sites Historic Districts Parcels Zoning AH Affordable Housing R/MF Residential/Multi-Family R-6 Medium Density Residential R-15 Moderate Density Residential MU Mixed Use P Park PUB Public Roads Zoomed In 9/3/2020, 5:40:18 AM 0 0.01 0.030.01 mi 0 0.03 0.060.01 km 1:1,479 Web AppBuilder for ArcGIS Pitkin County | 166 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512463003 on 09/03/2020 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 167 HITE ANGELA R FAMILY TRUST WOODY CREEK, CO 81656 PO BOX 155 MULLINS MARGARET ANN ASPEN, CO 81611 216 W HYMAN AVE DWR AI LLC CHICAGO, IL 60607 1101 W MONROE ST #200 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST TRAGGIS ELIZABETH G NEW LONDON, CT 06320 PO BOX 284 ASPEN A CONDO ASSOC ASPEN, CO 81611 COMMON AREA 308 W HOPKINS AVE BIELINSKI JUDITH R TRUST GLENVIEW, IL 60026 2121 TROWBRIDGE CT CHISHOLM HEATHER M ASPEN, CO 81611 205 W MAIN ST EDGEWATER PROPERTIES LLC OMAHA, NE 68022 18081 BURT ST SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE BACON SHIRLEY LIV TRUST MIAMI, FL 33133 3 GROVE ISLE DR # 1608 SWISS CHALET/KITZBUHEL PARTNERSHIP ASPEN, CO 81611 333 E DURANT AVE WEST HOPKINS LLC LOS ANGELES, CA 90071 400 S HOPE ST, STE 1000 108 HYMAN LLC MIAMI, FL 33133 3500 N BAY HOMES DR 211 WEST MAIN LLC ASPEN, CO 81611 323 W MAIN ST INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST FRANK VALERIE EXEMPT TRUST U/W PORTLAND, OR 972013544 1500 SW 11TH AVE #1504 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST ALBANO DUPLEX CONDO ASSOC ASPEN, CO 81611 COMMON AREA 121 W HYMAN AVE WINKELMAN WENDY L ASPEN, CO 81611 108 W HYMAN AVE #8 SEIDER FAMILY TRUST MALIBU, CA 90265 26642 LATIGO SHORE DR INVENTRIX LLC CHICAGO, IL 60606-5096 227 MONROE WARSHAW MARTIN R TRUST 1 ANN ARBOR, MI 48105-2585 1058 SCOTT PL CHRISTENSEN ROBERT M & CANDICE L ASPEN, CO 81611 1240 MOUNTAIN VIEW DR GREENASPEN LLC KEY BISCAYNE, FL 33149 30 ISLAND DR BRENNAN SHAWN TIFFANY MILL VALLEY, CA 94941 408 TENNESSEE GLEN WY 235 W HOPKINS B LLC BOCA RATON, FL 33432 250 S OCEAN BLVD # 14A SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST ANLUJO CAPITAL INC ROAD TOWN TORTOLA BRITISH VIRGIN ISLANDS VG 1110, WOODBOURNE HALL POB 3162 168 PECHTER JEFFREY S DELRAY BEACH, FL 33444 280 NE 2ND AVE GROVER FREDRICK W & PAULA J ST PETERSBURG, FL 337043717 725 BRIGHTWATERG BLVD NE SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE EDGEWATER PROPERTIES LLC OMAHA, NE 68022 18081 BURT ST CONNOR WILLIAM E II TRUST RENO, NV 89502 990 S ROCK BLVD #F JACOBSON SUZAN & JAY ASPEN, CO 81611 108 W HYMAN #7 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE DHM FAMILY TRST ATLANTA, GA 30309 2288 PEACHTREE RD, NW #12 STRAUCH ELAINE B GREENWOOD VILLAGE, CO 80111 4327 S YOSEMITE CT POOL ALEXANDRA M DENVER, CO 80206 1650 FILLMORE ST #1304 DIMITRIUS RALLI TRUST PASADENA, CA 91103 535 FREMONT DR FRANK EDMUND H EXEMPT TRUST PORTLAND, OR 972013544 1500 SW 11TH AVE #1504 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST ASPEN SKIING COMPANY LLC ASPEN, CO 81612 PO BOX 1248 BIELINSKI ROBERT A JR HOUSTON, TX 77018 523 WEST 34TH ST SHADOW MOUNTAIN DUPLEX CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HOPKINS AVE TIEMANN CAROLYN ASPEN, CO 81611 124 W HYMAN AVE #2D NAUGHTON ANN N COLORADO SPRINGS, CO 80906 36 BROADMOOR AVE WILLIAMS ROBERT A REV TRUST ENCINO, CA 91436 16255 VENTURA BLVD #800 BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 HAYMAX LODGING LLC ASPEN, CO 81611 101 W MAIN ST BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 COLES DAVID SEP A TRUST CULVER CITY, CA 90232 4223 DUQUESNE AVE SAND KATHERINE M ASPEN, CO 81612 PO BOX 51 212 WEST HOPKINS LLC ASPEN, CO 81611 212 W HOPKINS AVE JLR QPRT TRUST CORAL GABLES, FL 33156 355 MARQUESA DR 169 MCBEE LISA A SANTA ANA, CA 92705 2306 KEEGAN WY STEVENSON KAREN H ASPEN, CO 81611 205 W MAIN ST HARPER MARILYN HILL & HILL ASPEN, CO 81612-7952 PO BOX 7952 SONNENBERG FAMILY TRUST BEVERLY HILLS, CA 90212 350 S BEVERLY DR # 300 135 HOPKINS LTD AUSTIN, TX 78738 12400 HWY 71 W #350-371 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE YONCE SUSAN GREENWICH, CT 068313721 81 ROUND HILL RD SMITH MARKELL LEIGHTON CHICAGO, IL 60657 645A W SURF ST # A2 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST COLES PETER SEP A TRUST MASSACHUSETTS, MA 02138 20 PRESCOTT ST #41 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST GILDENHORN MICHAEL S BETHESDA, MD 20816 5008 BALTON RD COTTONWOODS CONDO ASSOC ASPEN, CO 81611 124 W HYMAN AVE HYMAN STREET CONDO ASSOC ASPEN, CO 81611 COMMON AREA 719 W HYMAN AVE HITE HENRY HARRIS REVOC TRUST WOODY CREEK, CO 81656 PO BOX 155 COHEN ALIX O & CRAIG S ROCKVILLE CENTRE, NY 11570 5 BUCKINGHAM RD MAYER KEVIN ASPEN, CO 81611 222 W HOPKINS AVE #2 BERGHOFF MICHAEL R TRUST INDIANAPOLIS, IN 46236 9112 WALNUT GROVE DR INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST SHADOW MOUNTAIN LODGE CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HOPKINS AVE CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST HOLTZMAN L BART & PATRICIA G SAINT LOUIS, MO 63124 9741 LITZSINGER RD HAYMAX LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE SHOAF THOMAS L DALLAS, TX 752053021 4224 BEVERLY DR ROSS PAULINE ASPEN, CO 81612 PO BOX 9969 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST WEIGAND FAMILY LLC WICHITA, KS 67202 150 N MARKET 170 ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 210 E HYMAN AVE #202 MARTIN SCOTT M ASPEN, CO 81611 PO BOX 51 GOLDSMITH HENRY JOSH PIKESVILLE, MD 21208 7902 BRYNMOR CT #504 INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 ASPEN TOWNHOUSE CONDO ASSOC ASPEN, CO 81612 PO BOX 12384 ASPEN TOWNHOMES 3 LLC BASALT, CO 81621 1796 E SOPRIS CREEK RD THOMAS GAIL HICKS REV TRUST BEDFORD, VA 24523-1508 1242 HAMPTON RDG INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST TARPLEY GERALD W JR & SUSAN ANN ARBOR, MI 48105 2255 PLACID WY BERGHOFF KRISTIN TRUST INDIANAPOLIS, IN 46236 9112 WALNUT GROVE DR BRENNAN SAMANTHA SCOTT MILL VALLEY, CA 94941 408 TENNESSEE GLEN WY FCB LLC SNOWMASS, CO 816549102 525 SHIELD O RD SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE MORGAN DONALD ATLANTA, GA 30309 2288 PEACHTREE RD, NW #12 BLUEGREEN VACATIONS UNLIMITED INC BOCA RATON, FL 33431 4960 CONFERENCE WY N #100 WEIGAND FAMILY LLC WICHITA, KS 67202 150 N MARKET KOCH TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HYMAN AVE KOENIG RAYMOND J NEW LONDON, CT 06320 PO BOX 284 SALTER CLAUDE C ASPEN, CO 81612 PO BOX 5000 SHIELD JULIET E ASPEN, CO 81611 221 N STARWOOD DR BOWMAN AL MOUNT DORA, FL 32757 700 HELEN ST SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST GUNN ROBERT W FAMILY TRST MARBLEHEAD, MA 01945 409 OCEAN AVE ZITELLI MARK C ASPEN, CO 81611 414 N 1ST ST MARTIN SCOTT M ASPEN, CO 81611 PO BOX 51 POOL JUDY F M DENVER, CO 802113829 3038 ZUNI ST WEST SIDE CONDO ASSOC ASPEN, CO 81611 234 W HOPKINS AVE DEAN FAMILY LTD PTSHP LLP BOULDER, CO 80301 590 DELLWOOD AVE 171 LAMPTON PATRICIA M TRUST ASHEVILLE, NC 28814 PO BOX 18013 BOURKEY888 LLC SINGAPORE 436853, 16 THIAM SIEW AVE JES 2002 GRANTOR TRUST ASPEN, CO 81611 221 N STARWOOD DR GARET CONDO ASSOC ASPEN, CO 81611 400 E MAIN ST #2 HALCYON ENTERPRISES LLC PRINCETON, NJ 08540 78 LOVERS LN SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE INNSBRUCK CONDO ASSOC ASPEN, CO 81611 233 W MAIN ST SAND KATHERINE M ASPEN, CO 81612 PO BOX 51 ASPEN UPTOWN LLC SNYDER, OK 73566 PO BOX 348 WINER CAROL G BETHESDA , MD 20817 6740 SELKIRK DR MELTON DAVID ASPEN, CO 81611 135 W MAIN ST 172 Neighborhood Uses 1 - 234 West Hopkins, 3 units 2 - 222 West Hopkins, 6 units, AspenVictorian 3 - 212 West Hopkins, single family, AspenVictorian 4 - 200 West Hopkins, single family, AspenVictorian 5 - 205 West Hopkins, single family, AspenVictorian 6 - 211 West Hopkins, proposed 2 detached units, potential AspenModern 7 - 221 West Hopkins, single family 8 - 235 and 237 West Hopkins, duplex 1 2 3 4 5 6 7 8 1 2 3 4 5 6 78 173 174 Residential Design Standards Administrative Review Section 26.410.020.B. of the Land Use Code requires an Administrative Review for compliance with the Residential Design Standards (RDS) for all residential projects, unless otherwise exempted pursuant to Section 26.410.010.C. Exempt projects include: • An addition or remodel to an existing structure that does not change the exterior of the building • A remodel of a structure where the alterations proposed change the exterior of the building, but are not addressed by any of the RDS • A residential unit within a mixed-use building • A designated historic resource listed on the Aspen Inventory of Historic Landmark Sites and Structures. New buildings on a historic landmark lot are not exempt. All applicable residential projects shall submit for RDS Administrative Review or Alternative Compliance prior to building permit submittal. An applicant may choose to apply directly for a variation from the Planning & Zoning Commission or Historic Preservation Commission, pursuant to Chapter 26.410.020.C. A pre-application summary will be required for a variation request. Review Process: The Community Development Department staff shall review an application for applicability and compliance with Chapter 26.410, Residential Design Standards. If the application complies with all applicable standards as written, a signed Checklist and stamped plan set shall be provided to the applicant to be included with building permit submission. If the application does not comply with one or more applicable standards, an unsigned Checklist and redlined plan set shall be emailed to the applicant including comments from staff on which standard(s) the application does not comply with and a description of why the standard(s) is not compliant. The applicant shall be provided the opportunity to revise and resubmit the design in response to the comments. Staff will keep an application open for 30 days from the date an unsigned Checklist is emailed to the applicant. If after such time no revisions are submitted, the application will be removed from the review system. Pursuant to 26.410.020.C, projects that do not meet the criteria for Administrative Review or Alternative Compliance (as determined by staff) may be reviewed by the Planning & Zoning Commission, or HPC if appropriate, at the applicant’s request. A pre-application summary will be required for a variation request. Page 1 of 2 175 Residential Design Standards Administrative Compliance Review Applicant Checklist Standard Complies Alternative Compliance N/A Sheet #(s)/Notes B.1.Articulation of Building Mass (Non-flexible) B.2.Building Orientation (Flexible) B.3.Build-to Requirement (Flexible) B.4.One Story Element (Flexible) C.1.Garage Access (Non-flexible) C.2.Garage Placement (Non-flexible) C.3.Garage Dimensions (Flexible) Instructions: Please fill out the checklist below, marking whether the proposed design complies with the applicable standard as written or is requesting Alternative Compliance (only permitted for Flexible standards). Also include the sheet #(s) demonstrating the applicable standard. If a standard does not apply, please mark N/A and include in the Notes section why it does not apply. If Alternative Compliance is requested for a Flexible standard, include in the Notes section how the proposed design meets the intent of the standard(s). Additional sheets/graphics may be attached. Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Address: Parcel ID: Zone District/PD: Representative: Email: Phone: Page 1 of 2 176 Standard Complies Alternative Compliance N/A Sheet #(s)/Notes C.4.Garage Door Design (Flexible) D.1.Entry Connection (Non-flexible) D.2.Door Height (Flexible) D.3.Entry Porch (Flexible) E.1.Principle Window (Flexible) E.2.Window Placement (Flexible) E.3.Nonorthogonal Window Limit (Flexible) E.4.Lightwell/Stairwell Location (Flexible) E.5.Materials (Flexible) Residential Design Standards Administrative Compliance Review Applicant Checklist Disclaimer: This application is only valid for the attached design. If any element of the design subject to Residential Design Standards changes prior to or during building permit review, the applicant shall be required to apply for a new Administrative Compliance Review. Page 2 of 2 177 Tree Survey Report 211 West Hopkins, Aspen CO October 9, 2020 PROVIDED BY: Jason Jones Board Cer,fied Master Arborist #RM-0734B Aspen Tree Service Inc. Carbondale, CO 81623 (970) 963-3070 jason@myaspentree.com exhibit Q 178 Summary I have been asked by MaQ Moritz of Bluegreen to analyze and comment on the tree resource located at 211 West Hopkins Street in Aspen. I have also been asked to expose the roots and comment on any poten,al founda,on impacts that may be notable as a result of a large tree growing very near the house. I have provided an inventory and evalua,on of all of the significant trees and results of the air excava,on performed on the tree near the house. There are 34 significant trees (over 6 inch in diameter) on the property. All of these trees are in rela,vely good health and there are no immediate concerns over health or structural integrity in any of these trees a this ,me. Basic maintenance pruning and removal a few trees that are crowding understory trees could be beneficial to the long term health of the landscape. While the exposing of the tree roots of the large spruce on the Northwest corner of the house indicated roots up against the founda,on, it did not appear these roots had damaged the wall at this ,me. Methodology I reviewed the site and performed a visual inspec,on on each tree located within the boundaries of the site. I measured each tree at approximately 4.5 feet above ground level to obtain an accurate Diameter Breast Height (DBH). I was provided a base map from which I numbered and labeled each tree on the map and affixed a metal tag with the tree numbers physically to the south side of each tree stem. Individual trees were entered into the aQached tree inventory worksheet with an accurate DBH, condi,on ra,ng and comments specific to each tree. Condi,on values were assigned as a result of visual indicators such as the presence of dead limbs, signs or symptoms of disease/insects, or structural defects. Details of the condi,on scale are as follows: 1)A healthy, vigorous tree, reasonably free of signs and symptoms of disease, with good structure and form typical of the species. 2)Tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected. 3)Tree with moderate vigor, moderate twig and small branch dieback, thinning of crown, poor leaf color, moderate structural defects that might be mi,gated by regular care. 4)Tree in decline, epicormic growth, extensive dieback of medium to large branches, significant pathogen ac,vity or structural defects that cannot be abated. 5)Tree is in severe decline, highly hazardous or is dead. I was also asked to evaluate one tree, number 16 , in regards to poten,al founda,on damage. This tree has a large structural root near the house that is growing in the direc,on of the founda,on wall. I u,lized a high pressure air tool called an “Air-Knife’ and a high pressure compressor to remove the soil and expose these roots and the wall. Upon request the area was lee exposed and flagged with cau,on tape so that further analysis could be performed by other par,es if desired. Limits of the Assignment My inves,ga,on is based solely upon the informa,on noted on my visit to the site on October 9, 2020. I have not performed any laboratory examina,ons, studied soil composi,on or employed any other 179 diagnos,c techniques beyond visual examina,on of the trees and the site. I have developed general conclusions of tree health and provided recommenda,ons based upon these observa,ons. This document is strictly a tree survey report and individual tree risk assessment or long term management plan for the site may be performed addi,onally upon request. Any comments pertaining to the impacts of roots to the founda,on wall are strictly based on my observa,ons as I am not qualified to provide informa,on pertaining to structural walls or impacts from the trees roots. A structural engineer should be engaged for a complete analysis of this maQer if desired. Observations Site Description The property is a single family home located at 211 West Hopkins in downtown Aspen. There are numerous trees of various sizes on the site, some that have been planted and some that have come up as volunteers over ,me. In general all of the trees are in good condi,on and no risks of imminent hazards to people or property were noted at this ,me. There are two large Engelman spruce in the front of the house that are the most significant trees. There is also a significant grouping of trees along the back fence screening the property from the alley behind. There are also trees between the house and the neighboring property to the West as well a mature aspen group par,ally in the city right of way. General Site Observations The landscape in general is in good condi,on overall. The property has been irrigated and the trees have generally grown well. The trees on the site are aspen (Populus tremuloidies) , and two varie,es of spruce, blue spruce (Picea pungens ‘glauca’), and Engleman spruce (Picea englemannii). There are several smaller aspen trees that have come up as volunteers (not planted) that are very close to the house or fences that should be removed before they cause damage. SpeciFic Tree Observations Each tree was evaluated visually and entered into the aQached tree inventory worksheet. This worksheet contains the tree species, condi,on and any specific notes. I have further elaborated on any other specifics pertaining to individual trees and below. Trees #14,#15,#34,#33,#32- Blue spruce trees- This grouping consists of the trees along the West border of the property and separates the two homes. The trees are somewhat crowded in this area as there are also trees on the neighboring property line. The lead tree in the group, #14, is the most valuable tree in this row and the rest of these trees will ul,mately not be sustainable in these loca,ons for the long term due to spa,al constraints. Trees #16, #17-These trees are the most significant and largest trees on the property. They are growing very close to the house but upon examina,on do not appear to be causing any structural damage at this ,me. The removal of some low limbs making direct contact with the house would be recommended and the removal of dead limbs in the interior would improve the aesthe,cs of these trees. One of the trees, number 16, has a co-dominant stem high within the crown. This condi,on could make this tree more likely to split in a high wind situa,on but no imminent threat exists. The installa,on of a cable/brace in the canopy of this tree could mi,gate this risk further. These trees are also suscep,ble to the Spruce bark beetle which is currently exhibi,ng high pressures to this tree species in the area. If these trees are 180 deemed highly valuable to the property then some preven,ve treatment op,ons should be evaluated. Tree number 16 was evaluated specifically to determine if the tree roots were causing visible founda,on damage. We u,lized a high pressure air tool to excavate the soil away from this wall without damaging roots. This tree species is, in general, fibrous rooted and not par,cularly invasive or impachul to infrastructure. The roots that were exposed were growing right against the wall but no cracking or penetra,on into the concrete was noted. These roots were of a rela,vely small diameter with the largest root es,mated at no more than 2 inches in diameter. Trees #18 through #23-Quaking aspen- This group of trees is at least par,ally if not en,rely within the city right of way. These trees are generally healthy although tree number 22 has a significant scar from a previous branch failure and tree number 21 has a co-dominant stem that could present a structural issue at some ,me in the future. All of these trees would benefit from maintenance pruning and show signs and symptoms of previous aphid and mite ac,vity. These pests could be easily controlled through the implementa,on of a plant health care program. Trees #24-#31 Engelman and blue spruce, quaking aspen- This group of trees is notable in that they provide valuable screen from the alley and homes behind the house. The trees were planted very closely together and the faster growing aspen have dominated the spruce. These larger aspen while currently rela,vely healthy may be considered for removal as they are causing significant impact to the spruce trees. These spruce will ul,mately live much longer and therefore this species could benefit the site for the long term in comparison to the aspen stems that live typically less than 30 years in these sejngs. Tree 26 has two co-dominant stems that are beginning to split at the base as evidenced by the crack going to the ground. This tree is most severely impac,ng the growth of the spruce. Pruning could also provide some clearance for these trees and removal of the dead limbs in the spruce would also improve aesthe,c and tree health long term. Miscellaneous other trees- I noted several other trees that were not of significant size but should be considered due to the loca,ons. There is an apple tree in the city right of way that is in poor condi,on as it has likely been repeatedly damaged by bears harves,ng fruit. There are also 3 aspen growing very close to the house that will cause roof damage in the near future as they grow. One of these trees is just under the 6 inch diameter size that would require a permit from the city for removal. At 5.9 inches in diameter if this tree is not removed promptly it will likely require a permit to be removed. The other two trees are on the East side of the house and these trees are around 4 inches in diameter. There are also several aspen growing within the fenceline on the west side of the house in the back. These trees should be removed as they are beginning to cause damage to the fence and do not have room to grow any further in this loca,on. Recommendations Upon review of each tree on the site I would make the following recommenda,ons- •Remove the aspen trees under code sized growing very near the roof line to prevent damage. •Prune or remove trees numbered 26 and 28 to allow the spruce trees in this area to grow properly. This work would require a permit and it is not certain the City of Aspen would allow this work. 181 •Prune all of the spruce trees along the west border of the property to clear the roof of the house. Some of these trees could be evaluated for removal as this is a limited area and the trees are very crowded. The city would need to issue a permit here as conifers over 4 inches in diameter require permits for removals. •While the large spruce number 16 does not outwardly appear to be cracking the founda,on it would be advisable to contact a structural engineer to confirm. •If the health, aesthe,cs and longevity of the trees on this site are of importance to the property owners the property should be reviewed for an annual plant health care program to manage insect, disease and cultural issues trees may be facing. This program should administered by a company with a Cer,fied Arborist. 182 Map of Site and Trees 183 Tree Inventory Tree #Species D.B.H.Condi3on Comments 14 Blue Spruce 12.5 2 Crowded by neighboring coQonwood tree. Overall good health 15 Blue Spruce 8.5 3 Very crowded, dead limbs interior, limbed up heavily 16 Engleman spruce 20.5 3 Has co-dominant stem high in canopy. Very close to house. Dead limbs in interior. Overall health is good. Prune away from house. 17 Engleman spruce 24.5 2 Some dead and broken limbs in canopy, Some lean but not of structural concern. Very close to house, no outward signs of structural damage 18 Aspen 11 2 Good health 19 Aspen 9 2 Good health 20 Aspen 11.5 2 Good health 21 Aspen 11,10 3 Co-dominant stem with included bark, overall health good and currently structurally sound. 22 Aspen 13.5 3 Large tear out of branch and decay signs in main stem, crowded. 23 Aspen 9 2 Good health 24 Engleman spruce 15 3 Crowded by aspens above, Co-dominant stem in top 25 Engleman spruce 8.5 3 Crowded, lots of deadwood 26 Aspen 13.13.5 3 Co-dominant stem with included bark , overall health good. Removal would benefit surrounding trees. 27 Engleman spruce 13 2 Good health, crowded by aspens above, some mechanical damage to stem. 28 Aspen 13 3 Crowding understory spruce, leaning towards alley, overall good health. 29 Engleman spruce 14.5 2 Good health, crowded by aspens above 30 Engleman spruce 5.5 3 Crowded by spruce on each side, co-dominant stem, significant dead limbs in interior. 31 Blue Spruce 12.5 3 Stem irregulari,es, significant deadwood in interior, lean. 32 Blue Spruce 12.5 2 Overall good health 33 Blue Spruce 11.5 3 In between houses, interfering with roof, significant deadwood in interior, limited space to grow long term 34 Blue Spruce 12.5 3 In between houses, interfering with roof, significant deadwood in interior, limited space to grow long term 184 Photos Tree # 17 showing need to clear low limbs for building clearance 185 Tree #16- Showing proximity to house and exposed roots next to foundation. 186 Trees #17-23-Aspens in right of way in good health 187 Trees 24-30- Showing crowding of spruce from faster growing, shorter lived aspen stems and co-dominant stem with included bark on tree 26. 188 Photo showing smaller trees that should be removed growing close to house roofline. 189 p. 1 of 2 www.bluegreenaspen.com to Aspen Historical Preservation Committee from Bluegreen date Oct 14th, 2020 project name 211 W Hopkins subject Stormwater Management Plan Purpose: The purpose of this report is to address the water supply, wastewater disposal, other utilities, and storm water drainage, for 211 W Hopkins. The applicant, 211 W Hopkins LLC, intends to construct a single family residence on the lot while maintaining the Historic house on site. 1.Location a.The property is located in the City and Townsite of Aspen Block 48: Lots K, L, M. See survey of property attached separately. The location is show below. 2.Water Supply a.This residence is served by City of Aspen Water. The curb box will be located and service size will be replaced if necessary. An additional service line will be placed during construction for the new single family structure from Hopkins. The Historic Pan Abode will be serviced from replaced existing line, or a new direct line with be constructed from Hopkins. 3.Wastewater Disposal memorandum exhibit R 190 p. 2 of 2 www.bluegreenaspen.com a. The existing residence is served by Aspen Consolidated Sanitation District and the service line is located within the alley. This service may be replaced if the service age dictates need for replacement. Evaluation and the design will be coordinated with the district requirements. 4. Other Utilities a. The lot at 211 W Hopkins is currently served by other utilities including telephone, gas, and electricity. b. The existing buried electric service line crosses into the property from the alley to the south. This electric line is owned, operated and maintained by City of Aspen Electric. The applicant has no plans to alter this public service upgrade is necessary. Phone likely runs with the electric service. A gas line also currently serves the property and will continue to serve the proposed residence. 5. Storm Water Drainage a. The applicant intends to construct storm water improvements in conjunction with the proposed buildings. Anticipated storm drainage improvements include storm drainage swales, piping, inlets, and drywells. The storm water runoff is to be mitigated via a proposed drywell located in-between the two buildings in the center of the property that would overflow to the city storm sewer if inundated through an overflow pipe. Otherwise the drywell will percolate after being treated into soil below. Runoff from the proposed single family residence will be directed to the drywell to limit runoff rates to the pre-developed condition of the site. 6. Conclusion a. It is our professional opinion that the proposed property can be adequately designed from the aspects of water supply, wastewater disposal, utilities, storm drainage and public services and maintain the historic character of the residences. Please let me know if you have any questions. Sincerely, Matt Moritz Bluegreen 191 UP WDUP A4.1 2 A4.3 1 A A 1 1 4 4 A4.2 1 A4.1 1 A4.4 1 MEDIA LAUNDRY GUEST SUITE #3 BATH MECHANICAL MULTI WET BAR BELOW STAIRBUNKS ABOVE BATH TV 3' X 3' EGRESS LIGHTWELL B B W D C C D D 2 3 38' - 0"14' - 1 3/8"28' - 0"48' - 0"GUEST SUITE #4 Q T T PROPERTY LINE ALLEYSETBACK OPEN TO ABOVE CHIMNEY FOUNDATION HOPKINS AVENUESETBACKPROPERTY LINEA4.3 2 80' - 1 3/8" 3' X 3' EGRESS LIGHTWELL PROPERTY LINE SETBACKHIDDEN DOORMECHANICAL / LAUNDRY BEDROOM BEDROOM BATHROOM BATHROOM FLEX ROOM 3' X 3' EGRESS LIGHTWELL 3' X 3' EGRESS LIGHTWELL K Q rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2020 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO:File Path:Plot Date:NOT FOR CONSTRUCTIONC:\Users\jrice\Documents\22037.00_PAN ABODE_jonathan.riceLVAMF.rvt11/10/2020 9:43:03 AM1/4" = 1'-0" A2.0 22037.00 PAN ABODE 211 W. HOPKINS AVENUE ASPEN, CO 81611 PROPOSED BASEMENT FLOOR PLAN SCALE: PLAN NORTH TRUE NORTH A2.0 1/4" = 1'-0" 1 PROPOSED BASEMENT FLOOR PLAN 09/21/2020 HPC CONCEPTUAL 10/28/2020 HPC CONCEPTUAL, V2 11/18/2020 HPC CONCEPTUAL, V3 192 DN UP DN A4.1 2 A4.3 1 A A 1 1 4 448' - 0"A4.2 1 A4.1 1 A4.4 1 MUD POWDER COVERED STONE ENTRYOPEN TO ABOVE AND BELOW WALK FENCE AND GATEGARAGE EXISTING CABIN WITH ADDITION REMOVED GRAVEL ALLEYSETBACKPROPERTY LINEEGRESS LIGHTWELL BELOW FIREPLACE STONE WALK HOPKINS AVENUEEGRESS LIGHTWELL BELOW GUEST SUITE #2 (GEMMA) GUEST BATH B B GUEST BATH GUEST SUITE #1 (LOLA) Q COAT CLOSET BOOK SHELVES11' - 0"CLERESTORY WINDOWOFFICE KITCHEN BATHROOM BEDROOM STAIR LIVING ROOM CABIN GARDEN TERRACE C C D D 2 3DRESSERDRESSER10' - 6 3/4" A4.3 2 38' - 0"14' - 1 3/8"28' - 0" 80' - 1 3/8"FENCE AND GATEFENCE AND GATEFENCE AND GATE T REF CLOSETPROPERTY LINE SETBACK PROPERTY LINE SETBACK COVERED ENTRY CONCRETE APRON10 3/8"5' - 0"5' - 0"10' - 0" OPEN TO BELOW EGRESS LIGHTWELL BELOW EGRESS LIGHTWELL BELOW 27' - 7"5' - 0 1/8" TR R WILDLIFE TRASH ENCLOSUREFENCE AND GATE3' - 0"VAULT5' - 0"3' - 0"VAULT 5' - 0"1' - 0"3' - 0"1' - 0"MIN. 4" 4 1/2" 4' - 0"3' - 0" CONCRETE PAD 3' - 0" BOLLARDS rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2020 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO:File Path:Plot Date:NOT FOR CONSTRUCTIONC:\Users\jrice\Documents\22037.00_PAN ABODE_jonathan.riceLVAMF.rvt11/10/2020 9:58:50 AM1/4" = 1'-0" A2.1 22037.00 PAN ABODE 211 W. HOPKINS AVENUE ASPEN, CO 81611 PROPOSED LEVEL 1 FLOOR PLAN SCALE: PLAN NORTH TRUE NORTH A2.1 1/4" = 1'-0" 1 PROPOSED LEVEL 1 FLOOR PLAN 09/21/2020 HPC CONCEPTUAL 10/28/2020 HPC CONCEPTUAL, V2 11/18/2020 HPC CONCEPTUAL, V3 193 DN UP A4.1 2 A4.3 1 A A 1 1 4 4 A4.2 1 A4.1 1 A4.4 1 COVERED TERRACE MAIN BED BALLAST FLAT ROOF ABOVE ENTRY EXISTING CABIN ROOF, ADDITION REMOVED CHIMNEYPROPERTY LINEPROPERTY LINEK TV / FP B B LIVING ROOM KITCHEN OPEN TO BEYOND OPEN TO BEYOND TV / FP ALLEYC C D D 2 348' - 0"REFBAR BBQCOVERED ENTRY A4.3 2 MAIN WIC MAIN BATH BENCH 38' - 0"14' - 1 3/8"28' - 0" 80' - 1 3/8"PROPERTY LINEPROPERTY LINEHOPKINS AVENUEPANTRY WOOD PAN ABODE LOG SCREEN, ALTERNATING CORNER NEW WOOD SHAKE SHINGLES rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2020 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO:File Path:Plot Date:NOT FOR CONSTRUCTIONC:\Users\jrice\Documents\22037.00_PAN ABODE_jonathan.riceLVAMF.rvt11/10/2020 9:59:35 AM1/4" = 1'-0" A2.2 22037.00 PAN ABODE 211 W. HOPKINS AVENUE ASPEN, CO 81611 PROPOSED LEVEL 2 FLOOR PLAN SCALE: PLAN NORTH TRUE NORTH A2.2 1/4" = 1'-0" 1 PROPOSED LEVEL 2 FLOOR PLAN 09/21/2020 HPC CONCEPTUAL 10/28/2020 HPC CONCEPTUAL, V2 11/18/2020 HPC CONCEPTUAL, V3 194 DN A4.1 2 A4.3 1 A A 1 1 4 4 A4.2 1 A4.1 1 A4.4 1 CHIMNEY BAR TOWELS OPEN TO BELOW OPEN TO BELOW B B EXISTING CABIN ROOF ADDITION REMOVED LIVING ROOM CHIMNEY MAIN BEDROOM CHIMNEY ROOF DECK SPA C C D D 2 348' - 0"FP BALLAST ROOF OVER ENTRY A4.3 2 38' - 0"14' - 1 3/8"28' - 0" 80' - 1 3/8"PROPERTY LINEPROPERTY LINEALLEYHOPKINS AVENUE3" / 1'-0"3" / 1'-0" NEW WOOD SHAKE SHINGLES3" / 1'-0"3" / 1'-0"8 3/8" / 1'-0"8 3/8" / 1'-0"STANDING SEAM METAL ROOF STANDING SEAM METAL ROOF BALLAST ROOF rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2020 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO:File Path:Plot Date:NOT FOR CONSTRUCTIONC:\Users\jrice\Documents\22037.00_PAN ABODE_jonathan.riceLVAMF.rvt11/10/2020 10:29:28 AM1/4" = 1'-0" A2.3 22037.00 PAN ABODE 211 W. HOPKINS AVENUE ASPEN, CO 81611 PROPOSED ROOF PLAN SCALE: PLAN NORTH TRUE NORTH A2.3 1/4" = 1'-0" 1 PROPOSED ROOF PLAN 09/21/2020 HPC CONCEPTUAL 10/28/2020 HPC CONCEPTUAL, V2 11/18/2020 HPC CONCEPTUAL, V3 195 rowland+broughton architecture / urban design / interior design 500 w. main st. aspen, co 81611 970.544.9006 1830 blake st. denver, co 80202 303.308.1373 Consultants: Issuances and Revisions: COPYRIGHT 2020 ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. SCALE: SHEET TITLE: PROJECT NO:File Path:Plot Date:NOT FOR CONSTRUCTIONC:\Users\jgeorge\Documents\22037.00_Pan Abode - 2020-11-16 V4_detached_jgeorgeZGMCR.rvt11/17/2020 12:38:29 PMA4.5 22037.00 PAN ABODE 211 W. HOPKINS AVENUE ASPEN, CO 81611 PROPOSED EXTERIOR VIEWS VIEW FROM WEST HOPKINS -OPTION 3 ENTRY VIEW -OPTION 3 VIEW FROM WEST HOPKINS -OPTION 3 09/21/2020 HPC CONCEPTUAL 11/18/2020 HPC CONCEPTUAL, V3 - OPT 3/4 VIEW FROM WEST HOPKINS -OPTION 4 ENTRY VIEW -OPTION 4 VIEW FROM WEST HOPKINS -OPTION 4 Approved Option 4 196 Page 1 of 1 MEMORANDUM TO: Mayor and City Council FROM: Tara Nelson, Sr. Paralegal | Procurement | Policy THRU: Sara Ott, City Manager DATE OF MEMO: December 29, 2020 MEETING DATE: January 12, 2021 RE: City of Aspen’s 2021 Regional, State and Federal Policy Agenda REQUEST OF COUNCIL: This purpose of this item is to allow for discussion and final consideration and adoption of the proposed 2021 Regional, State and Federal Policy agenda. PREVIOUS COUNCIL ACTION:Council reviewed and discussed drafts of the 2021 draft Policy Agenda at the October 20 and November 16, 2020 work sessions. Document development from those work sessions reflects the Policy Agenda before you today. BACKGROUND: City Council has previously adopted a 2020 policy agenda as a guiding document. DISCUSSION:This agenda aims to become the cornerstone for City Council to make informed decisions for which policy matters are determined. As outlined, the purpose of the Policy Agenda will be used by individual City Council members and city staff to inform city positions taken on specific bills once the legislative session begins. Once approved, the Policy Agenda will inform and provide authority for the remainder of 2021. Further, the City will be able to utilize the Policy Agenda as a direct advocacy of government officials as well as build coalitions and to attempt to influence positions adopted by the intergovernmental organization we participate with. RECOMMENDED ACTION:Discuss, identify and move forward with changes and proposed revisions with the ultimate goal of adopting a 2021 Policy Agenda as a guiding document. ALTERNATIVES:Choose not to adopt a formal guiding document 2021 Policy Agenda CITY MANAGER COMMENTS: 197 RESOLUTION # 02 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING A 2021 REGIONAL, STATE AND FEDERAL POLICY AGENDA WHEREAS, there has been submitted to the City Council a 2021 Regional, State and Federal Policy Agenda, a true and accurate copy of which is attached hereto as Exhibit “A”; 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 2021 Policy Agenda, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to approve said policy agenda on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12 th day of January, 2021. __________________________ TORRE, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Nicole Henning, City Clerk 198 2021 REGIONAL, STATE AND FEDERAL POLICY AGENDA Adopted and Approved _______________, 2021 199 2 NAME CONTACT INFORMATION Torre, Mayor Torre@cityofaspen.com (970) 948-2023 Ward Hauenstein, Mayor Pro-Tem Ward.Hauenstein@cityofaspen.com (970) 948-3858 Skippy Mesirow Skippy.Mesirow@cityofaspen.com (847) 530-0811 Ann Mullins Ann.Mullins@cityofaspen.com (720) 308-7115 Rachael Richards Rachael.Richards@cityofaspen.com (970) 710-1038 City Manager City Attorney Paralegal Sara Ott James. R. True Tara Nelson Sara.Ott@cityofaspen.com Jim.True@cityofaspen.com Tara.Nelson@cityofaspen.com Mailing & Physical Address Website 130 South Galena Street www.cityofaspen.com Aspen, CO 81611 200 3 Table of Contents PURPOSE OF THE POLICY AGENDA………………………………………………. 4-5 PRINCIPLES (*not in any particular order of preference) DELIVER QUALITY ESSENTIAL SERVICES………………………………… 5 ENVIRONMENTAL SUSTAINABILITY………………………………………. 6 LANDS & NATURAL RESOURCES…………………………………………… 6 HEALTH, HOUSING & HUMAN SERVICES…………………………………. 7 SERVICE INTEGRATION & COLLABORATION……………………………. 7 LOCAL CONTROL……………………………………………………………… 8 FISCAL RESPONSIBILITY……………………………………………………. 8 DELIVER ASPEN AREA COMMUNITY PLAN THEMES……………….…. 8-9 INCLUSION AND EQUITY……………………………………………………. 9 PRIORITIES (*not in any particular order of preference) AFFORDABLE HOUSING………………………………………………………. 10 CLIMATE ACTION AND RESOURCE CONSERVATION ……………………. 10-11 PUBLIC LANDS – NATURAL RESOURCES, WILDLIFE, PARKS, RECREATION…… 11 PUBLIC HEALTH & SAFETY……………………………………………….…. 12 TELECOMMUNICATIONS……………………………………………………… 12 WATER AVAILABILITY & CONSERVATION………………………………... 13 RIVER HEALTH…………………………………………………………………. 13 EARLY CHILDHOOD…………………………………………………………… 13-14 RENEWABLE ENERGY………………………………………………………… 14 REGIONALISM…………………………………………………………….……. 14-15 TRANSPORTATION……………………………………………………………. 15 PROCESS WHOSE WHO - OUR LEGISLATORS………………………………………… 16-19 DISTRICT MAPS AND DISTRICT NUMBERS ……………………………… 18-19 201 4 PURPOSE OF THE POLICY AGENDA The purpose of the City of Aspen’s 2021 Regional, State and Federal Policy Agenda (hereinafter “Policy Agenda”) is to inform city advocacy on policy decisions that have the potential to significantly impact 81611 and surrounding jurisdictional boundaries. This includes legislative decisions that may be made by the Colorado General Assembly or the U.S. Congress. It also includes various non-legislative decisions that can be opined at the federal, state and regional levels, including but not limited to those before Colorado agencies (i.e., Air Quality Control Commission, Public Utilities Commission, Department of Transportation, Department of Regulatory Affairs), federal agencies (i.e., Environmental Protection Agency, Department of Transportation, the Federal Communications Commission), regional governments (i.e., Regional Transportation District) and intergovernmental coalitions (i.e., Colorado Municipal League, Mountain Pact, Colorado Communities for Climate Action, Climate Mayors, Northwest Colorado Council of Governments, Colorado Association of Ski Towns, Water Quality/Quantity Committee, EOTC) The City offers the Policy Agenda as a guideline to regional, state and federal policy leaders for reference when considering decisions impacting the City of Aspen. This agenda was developed in advance of the 2021 Colorado General Assembly. With the coordination of the Sr. Paralegal, policy team staff and the City Manager, it will be used by individual City Council members and city staff to inform city positions taken on specific bills once these legislative sessions begin. At that point, Council may consider adopting amendments to the Policy Agenda to address specific bills that have been proposed. Council may revisit the Policy Agenda at any point. It may do so as a body or with the Policy Advisor fellow as no intergovernmental affairs committee exists. City Manager has created this policy fellow position for the purpose of convening on an ad hoc basis as necessary when one or more of the following circumstances exist: 1. There is an immediate need for council members to participate with staff in developing a strategy to advance or defeat a proposed policy which is clearly addressed by the City’s Policy Agenda or other council-approved policy documents, or 2. A decision is expected to be made on regional, state or federal policy that affects a matter which council has previously provided general direction on and that could significantly impact the city, but which council did not provide sufficient specific direction on (either through its Policy Agenda or other approved policy documents) and with timing that will not allow for council direction to be obtained. In these limited situations, the City Manager and Policy Advisor fellow may discuss such policy proposals so that the city can advocate accordingly. Council is to be informed whenever such direction has been provided and may choose to subsequently revisit such direction. 202 5 Modifications to this Policy Agenda require consistency, when applicable, with the criteria listed below: 1. Uniformity with current city council goals, community expectations and Aspen Area Community Plan; 2. Impact on our citizens general health, safety & welfare; 3. Expected relevance in the upcoming or present state and federal legislative sessions; 4. Uniqueness of issue or impact to the City of Aspen and/or to our regional partners; 5. Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues; 6. Opportunity for providing funding for City of Aspen or its community partners; and, 7. Availability of metrics of success that would allow the position to be deleted from future agendas if achieved This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must address and/or vote on a policy position on the spot. Departures from these criteria are made in unique circumstances as determined by council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise of limited consequences to the city. Further, departures may broaden our approach for advocacy with policies that align with our values and intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal. This policy agenda further recognizes that Aspen may look at how affiliations and like–minded organizations may take position on certain pieces of legislation. Aspen will strive to take position with the recognition that it is unique, and although guidance from interest groups and Colorado Municipal League may be sought, there are times where our position may not be consistent or aligned. The City welcomes the opportunity to discuss the Policy Agenda. Please direct any questions to City Council members or to the City’s Senior Paralegal, Tara Nelson at (970) 920-5059. 203 6 PRINCIPLES AT A GLANCE Deliver Quality Essential Services The City urges Congress and the General Assembly to expand resources for those essential services that serve the city’s most vulnerable, including childcare assistance, access to affordable health care, mental health and addiction services, and protect the community and the environment. As identified in the Aspen Area Community Plan, the City of Aspen’s intent is to ensure a broad visitor base over the long-term, bolstering the sustainability of our visitor-based industry. In addition, this plan calls for more aggressive measures to ensure that the commercial sector provides essential products and services, and to ensure balance between a local-serving and visitor-oriented commercial sector. We foster policy to facilitate the sustainability of essential businesses that provide basic community needs. It is apparent that gaps still exist in the provision of essential services including adequate housing and health care options for all community residents. We value a collaborative approach to finding creative, sustainable solutions. As a principle, we are guided by professional, legal and community standards that provide opportunities for people of all ages and abilities to achieve a higher quality of life through: self-reliance, public safety, health and well-being, education and lifelong learning. Lands & Natural Resources The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured' and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources as well as enhancing our natural surroundings. We work to preserve open spaces for recreational use, wildlife habitat, scenic view planes and sustainment of our agricultural heritage; protect water sources and ensure a sustainable water supply; protect air and water quality to reduce impacts to residents. Environmental Sustainability The City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley and beyond. We will continue to advance policy that supports our ability to protect our unique local environment, conserve resources and deliver a sustainable future for all. We will investigate and support efforts and policies that offset and reduce greenhouse gas (GHG) emissions in meaningful and measurable ways as well as those that reduce waste through prevention and diversion. Aspen’s Climate Action Plan (CAP) is the community’s roadmap for reducing GHG emissions in Aspen and is used to inform which strategies and policies should be pursued by the City to further the mitigation of climate change. 204 7 Health, Housing & Human Services Aspen is dedicated to supporting and sustaining healthy communities that strengthen individuals and families while providing reasonable health and human services for anyone who calls the Aspen Area “home”. We will strengthen the quality of life and well-being for all people in our community by practices that provide and promote opportunities in housing through the lens of policy that expands access and aids in inclusion and equity regionally and statewide. We strive to advance the framework for jobs and access to services, such as education, public safety and health through all phases of life. We value a collaborative approach to finding creative, sustainable solutions and are guided by professional, legal and community standards in providing opportunities for people of all ages and abilities to achieve a higher quality of life through: • Self-Reliance: We must work together to help each person in our community meet his or her basic needs and remain self-sufficient to the greatest extent possible. • Public Safety: We must continue to ensure that our safety services (police, sheriff, fire, child and adult protection, Mountain Rescue and emergency response, etc.) are efficient, effective, accessible and coordinated. • Health and Well-Being: We must encourage the highest level of personal health for everyone in our community through programs that encourage healthy lifestyles, reduce risks and create access to quality health care regardless of age, income or ability. Local and regional public health agencies, local boards of health, providers and non-profits must work together to ensure community-wide access to a comprehensive set of health services. • Education and Lifelong Learning: We must work together to ensure educational opportunities are available to all members of our community Service Integration & Collaboration City of Aspen aims to ensure effective use of taxpayer funds and successful outcomes through efficient service delivery and integration of public programs and services. To increase efficiency and effectiveness, City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. 205 8 Local Control As a home rule municipality, the City of Aspen believes the authority to address issues that pertain to the city must reside within. Local governments are best suited to identify solutions to local issues particularly regarding the services provided and land use decisions we make. Local authority also includes the flexibility to determine use of funding locally and precludes unfunded mandates from the state or federal government. Fiscal Responsibility City of Aspen budgeting reflects a priority on high-quality government services through six strategic focus area being: • Community engagement • Fiscal health & economic vitality • Smart customer-focused government • Environmental protection • Safe, lived-in community of choice • Development of publicly-funded housing, including broader support and involvement in the creation of non-mitigation affordable housing, public-private partnerships • City of Aspen believes it is critical to the health of our economy to address the state revenue structure that restricts the state’s ability to respond to changing economic conditions, including the Taxpayer Bill of Rights (TABOR), Amendment 23, and the Gallagher Amendment. Deliver Aspen Area Community Plan Themes We are committed to revitalizing and sustaining the underpinning of our thriving community, the Aspen Idea. Our vision, map and plan of action for achieving goals rests with our Aspen Area Community Plan (AACP). We strive to encourage collaboration among non-profit organizations, local government, local businesses and individuals while fostering greater inclusivity and participation in cultural events amongst the spectrum of community residents and visitors while supporting activities and infrastructure, both social and physical, that enable and sustain the Aspen Idea. Implementing the themes of the 2012 AACP will require collaboration and cooperation among public sector agencies, businesses, private non-profits, local institutions and the general public. We are committed to: • Revitalizing and sustaining the Aspen Idea • Achieving sustainable land use practices that support a healthy year-round community and a thriving, vibrant visitor-based economy • West of Castle Creek Corridor area should provide a transition from rural expanses of Pitkin County to urbanized atmosphere of downtown Aspen • Providing an efficient, multi-modal and integrated transportation system that reduces congestion and air pollution 206 9 • A strong and diverse year-round community and a viable and healthy local workforce are fundamental cornerstones for the sustainability of the Aspen area community • Aspen will be a local, regional, state and national leader in all aspects of environmental stewardship • Preserving our historic resources differentiates us a community and contributes to our long-term cultural awareness and sustainability as a community • Strengthen the quality of life and well-being for all people in our community by providing or promoting opportunities in housing, jobs and access to services, such as education, public safety and health through all phases of life • Supporting programs and policies that promote affordable housing locally, regionally and at the state level Inclusion and Equity The City of Aspen is committed to creating an inclusive and equitable community. By “inclusive”, we mean that we strive to give all people a place at the table as we engage in the processes to consider policies and make decisions toward our shared future. We will work to ensure that everyone, regardless of identity, feels welcome and is able to contribute to, and enjoy, the vibrancy of the community. By “equitable”, we mean that the outcomes of our inclusive processes aim to create conditions where all people, especially historically marginalized groups, have full and equal access to the opportunities and resources necessary to thrive in the community. We will identify and remove any structural inequities in our city policies, land use regulations, city charter, or other governing documents. In this commitment, we are affirming that our individual and collective diversity in gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identify, citizenship status, education, disability, socio-economic status, or any other identify is a valuable asset to Aspen’s present and future. Accordingly, we will support policies and efforts that have the potential to increase, promote, achieve and foster inclusivity and equity in Aspen and the great Roaring Fork Valley region. 207 10 The following are the City of Aspen’s priorities for the 2020 legislative session, NOT including references to legislation that will be introduced in the General Assembly. City staff will closely monitor active legislation introduced in these areas as well as request regional support for bills that pertain and have interest to us. PRIORITIES AT A GLANCE Affordable Housing This policy area includes deed restricted and free market owner-occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is up to 240% of AMI. Affordable housing is essential to the economic and social health and sustainability of the City of Aspen. In the face of some of the highest housing and construction costs in the United States, the City of Aspen is focused on the provision of quality affordable housing to ensure the continued viability of the community. As such, the City advocates for State and Federal policies and regulations which support its affordable housing program, including: • State laws respecting home-rule authority and permitting municipal government to raise revenue and budget for the development of affordable housing to meet local demand; • State laws which enable local government to acquire or dedicate land for the development of affordable housing; • Increased federal and state funding for affordable housing tax credits, vouchers, subsidies and other financial tools to support the development of affordable housing; • Federal and state funding assistance for housing authorities to support the development and management of affordable housing. Climate Action and Resource Conservation Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents. The City of Aspen’s Climate Action Office identifies our city as one that is dependent on a stable climate and the maintenance of natural resources for a thriving economy. Aspen is committed to reducing GHG emissions through programming and policy in the following categories: low and zero emissions transportation, waste reduction, energy reduction in buildings, and advocating for state and federal regulations that support GHG emissions reductions. We support climate change preparedness, adaptation and resiliency efforts, the Colorado GHG Pollution Reduction Roadmap, as well as more aggressive goals and regulations that would require the state and country as a whole to reduce GHG Emissions. Aspen’s local CAP identifies the actions necessary to achieve a sustainable future for our community. Last released and updated in 2017, the CAP maintains our ambitious reduction targets and refocuses our commitment to Aspen’s future. The City works in collaboration with Colorado Communities for Climate Action (CC4CA) to address the legislation that the City expects to focus the bulk of its resources and political capital on regarding climate action. CC4CA is a coalition of local governments across the state that work to strengthen state and federal climate 208 11 policy. The City also engages with other coalitions, such as The Mountain Pact and Climate Mayors, to advance climate change mitigation and resiliency efforts at the regional and federal levels. Aspen is committed to resource conservation through the elimination of single use items, converting organic material into compost, increased recycling education, and diverting construction and demolition materials away from landfills. Per the AACP, Aspen supports policies which will promote resource conversation by these methods. Furthermore, we support the preservation and expansion of local governments’ ability to engage in climate action efforts that include local and multi-city commitments. These partnerships and affiliations leverage successes at the state, national, and international level and create further value for our community and others. Public Lands – Natural Resources, Wildlife, Parks, Recreation Pitkin County is 88% public land. Those lands provide essential resources, landscapes, and recreation opportunities which support the health and sustainability of our community, economy, and ecosystems. The proper management of public lands mitigates community impacts from natural disasters, ensures these lands support ecological health and biodiversity, provides diverse recreation opportunities, and supports commercial and conservation uses. Given Aspen’s proximity to public lands, dependence on those lands for community sustainability, and prioritization of climate and environmental action, the City advocates for policies and regulations which deliver the following: • Proactive forest management and wildfire mitigation which reduces threats from wildfire at the Wildland-Urban Interface and provides resources for wildland fire mitigation and management; • Federal lands management rooted in best practices and which balances recreation development and commercial uses with conservation ensuring the long-term health and biodiversity of public lands; • Federal lands policy and regulatory processes focused on public engagement and input, collaboration, responsiveness, and adaptation to local needs and conditions; • Recreation management focused on habitat preservation, user experience, diversity of travel and access opportunities, and the sustainable management of existing resources. • Extremely limited support for transfer of public lands to the states in cases where public access and public benefit remain unchanged • Adequate funding for Colorado Avalanche Information Center and overall adequate funding for Forest Service and emergency agencies enacting and removing fire fuels, load mitigation, campsite restoration and maintenance 209 12 Public Health & Safety Providing for these quality of life factors is one of the core functions of municipal government. Community policing, clean drinking water, a healthy environment, development regulations, safe transportation, and parks, recreation and open space programs are essential elements of a health community. The City of Aspen is dedicated to providing these community services. The City is focused on advocating for policies and regulations which assist in providing the services essential to a healthy, safe community, including: • Federal and state policies supporting community policing, intervention, prevention, public health, and rehabilitation programs which support local control of public safety and health outcomes; • Financial and policy support for inter-governmental coordination in the provision of public safety and health services and programs; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver community goods and off-set the impacts from development; • Regulatory and financial support for the conservation of lands and provision of recreation services to support public and environmental health; • As members of the Western slope and residents of rural Colorado, a less populated side of Colorado, we would like to see equitable distribution of resources needed to protect our community health and safety • In the event of an epidemic, pandemic, crisis or future public health concern, ensure medical services are equally accessible to everyone (e.g., rapid testing, drive-thru COVID-19 testing without a physician’s referral) Telecommunications Like transportation, water, sewer, and energy services, telecommunications infrastructure is an essential public utility. The 21st Century economy relies on fast, reliable, accessible, and affordable telecommunications services. As a rural community, Aspen and its surrounding area are underserved by private telecommunications providers, particularly widely accessible high- speed broadband access. Aspen is focused on ensuring that telecommunications infrastructure is responsibility deployed and managed to mitigate impacts to community aesthetics, public health, and public property while providing accessible, reliable telecommunications utility services. Aspen supports policies and regulations which: • Support the development of municipally owned or managed telecommunications utilities infrastructure and franchises, including cellular and broadband services; • Oppose federal or state preemption of municipal control over access to and regulation of infrastructure and development within public rights-of-way and the preemption of imposition of design controls over utilities infrastructure; 210 13 • Ensure equitable and affordable access to high-speed, quality mobile and broadband telecommunications services Water Availability & Conservation Providing a safe, legal and reliable water supply to the City’s water customers is necessary for supporting a vibrant community. Water, especially in the West, is a precious resource that must be diligently protected. The City promotes the efficient management of water through: • Long-range planning efforts to identify future water needs and projects; • Legal strategies that protect the city’s water rights; • Conservation programs that promote efficient water use; • Coordinated responses for drought management; • Participation in State-wide efforts to manage water resources to the benefit of Colorado communities, especially on the West Slope; • Recognition of the importance of water storage in providing a reliable water supply. With less than a day’s worth of storage, Aspen is especially vulnerable to disruptions in the water supply. River Health Like all of our natural environment, our local rivers are some of the community’s greatest assets and the reason many people choose to visit or make the Aspen area their home. Our rivers provide for a high quality life; support recreational, real estate, and tourism economies; and provide our downstream neighbors with drinking water. The health of these rivers remains of highest importance to our citizens and is identified in several guiding documents for the City, including the Aspen Area Community Plan and the Ecological Bill of Rights. As such, the City is committed to making choices and implementing programs that protect, preserve, and promote river health now and into the future, and is focused on advocating for policies and regulation which deliver the following: • Watershed and water resources protection and/or enhancement; • Local control over water resources projects and regulations that have the potential to impact the quality or quantity of water in the Roaring Fork watershed; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver environmental protection and off-set the impacts from development Early Childhood Early childhood education is a pressing issue that has the potential of providing infrastructure for or holding back a thriving economy. When parents who want to work can’t fully participate, we hurt ourselves. Childcare is difficult to find, especially infant care, forcing many families to 211 14 use less desirable care, work less, delay returning to work, or leave the community. Childcare is expensive, often costing a family more than housing. The rising cost of childcare has dampened women’s employment by 13 % for those with children under age 5. Childcare is a 3-legged stool: a functioning system that supports families and children requires investing in affordability, accessibility and high quality. If a childcare proposal focuses only on bolstering one leg, the others will grow weaker under the pressure. More childcare spots won’t necessarily mean parents can afford them. More money for parents won’t help address quality or access. The City of Aspen advocates for: • An early childhood education comprehensive plan that addresses high quality, access, and affordability. • Paid Family Leave that benefits children, families, and the community • Labor and workforce recognition and support for the needs of families with young children Renewable Energy Aspen has long-supported efforts to minimize reliance on fossil fuels. In 2015 the City became the 3rd City in the nation to provide 100% renewable energy to its customers. Aspen continues to support efforts by other communities to reduce reliance on fossil fuels. Aspen should continue to develop and invest in energy resiliency. New and creative options such as storage, local renewable energy generation, and other emerging technologies should be explored to address community needs, enhance energy choices, and respond to emergency preparedness on our local scale. Regionalism By exploring innovative and collaborative ways to close the gaps and meet demands, the City government plays an important leadership role in the ethic of community. Regional and multi- jurisdictional cooperation and collaboration enhances our quality of life. The City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. The City of Aspen supports statewide legislation that would encourage, but is not limited to: • Cooperation amongst community including affordable housing goals • Health and well being • Trails & Open space systems and acquisitions • Adequate funding for Colorado transportation needs • Healthy rivers and streams • Early childhood education funding • Fiscal funding for K-12 education • Emergency Plans / Public Safety / Emergency Response 212 15 • Public Lands / Forest Management / Wildfire Mitigation • Broadband • Post COVID-19 recovery efforts • legislation that affects and relates to elections: ensuring enfranchisement, campaign finance reform, increased civic and voter participation, and that elections remain fair, open, accessible and honestly run for all registered voters • Improvement of government transparency and accountability Transportation The City of Aspen is a leader in Transportation Demand Management, actively supporting programs, services and infrastructure that promote the use of transit, cycling, walking and shared mobility over single occupant vehicle travel. We support commuter fringe benefits that encourage transit, bicycle, walk and other non-SOV transportation modes and oppose fringe benefits for parking and others that encourage SOV travel for commute trips. As new transportation technologies and services emerge and evolve (eg: dockless mobility, autonomous vehicles, etc) the City of Aspen supports efforts to maintain the authority for local regulation of these services. The City supports efforts aimed at regulating the share mobility industry to ensure safety, equity, data sharing, customer privacy and fair treatment of employees. We support new transportation funding for: • projects that maintain existing infrastructure and that are multimodal in design, legislation that encourages “complete streets” that accommodate people using all modes of travel • policies that support increased transportation funding for both ongoing and new transit planning efforts, transit operations, clean transit vehicles and safe transit infrastructure that reduce the reliance on single occupant vehicle travel • innovative multi-modal projects including bicycle, pedestrian and first/last mile services • for demonstration or “sandbox” projects that provide the opportunity to test emerging technologies • resort communities for recognizing that the needs of a commuting public and the importance of a tourism economy are directly tied to transportation improvements and reduction in traffic congestion. • encouragement of a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and demand management options to improve Colorado’s transportation system including preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways and bridges of the state • legislation that enables and encourages the cleanest, most efficient possible technology for both private vehicles as well as public transit vehicles while preserving local control over regulation and local implementation 213 16 PROCESS To be most effective with our voice it is vital to establish a line of communication with our affiliated district representatives. This direct method will help us be most successful with our pertinent goals and where we can provide the most assistance. LEGISLATIVE DELEGATION Lauren Boebert U.S. Congress – 3rd District 214 17 U.S. Senator Michael F. Bennet Grand Junction Regional Office Alyssa Logan / Regional Representative: Alyssa_Logan@bennet.senate.gov (970) 241-6631 | (970) 975-0468 U.S. Senator elect John Hickenlooper expected to assume office on January 3, 2021 215 18 Rep. Julie McCluskie State House District 61 Email: julie.mccluskie.house@state.co.us (303) 866-2952 216 19 Senator Kerry Donovan State Senate District 5 Email: kerry.donovan.senate@state.co.us (303) 866 -4871 217