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AGENDA
CITY COUNCIL REGULAR MEETING
August 9, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
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I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
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)
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)
VIA.Resolution #095, Series of 2022 - Old Powerhouse Preservation Design Services
Change Order
Resolution #097, Series of 2022 - Old Powerhouse Preservation and Construction
Manager as Advisor Add Service
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VIB.Resolution #100, Series of 2022 - Calling for and Establishing the Date for the
Coordinated Election and Authorizing the City Clerk to Execute the IGA with Pitkin
County
VIC.Draft Minutes of July 26th, 2022
VII.NOTICE OF CALL-UP
VIII.FIRST READING OF ORDINANCES
IX.PUBLIC HEARINGS
IXA.Ordinance #15, Series of 2022 - 470 Rio Grande Place, Theater Aspen, Minor
Amendment to a Planned Development Project Review Approval
X.ACTION ITEMS
XA.Resolution #096, Series of 2022 - 516 E. Hyman Ave. - Growth Management Review
XI.EXECUTIVE SESSION
Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale
of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the
local public body for the purposes of receiving legal advice on specific legal questions. (4)(e)
Determining positions relative to matters that may be subject to negotiations; developing
strategy for negotiations; and instructing negotiators.
The specific items of discussion involve the following:
The lease, transfer or acquisition of real property or property interests, contract negotiations,
and communication with counsel regarding such subjects. Due to market forces, negotiation
strategies and confidentiality demands of parties involved, and necessitated by the subject of
the specific legal advice, which further disclosure would be a detriment to the City’s strategic
position, the exact properties cannot be disclosed.
XII.ADJOURNMENT
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RESOLUTION #095
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND GILBERT SANCHEZ ARCHITECT PLLC AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order for
Old Powerhouse Preservation Design Services, between the City of Aspen and
Gilbert Sanchez Architect PLLC, a true and accurate copy of 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 that change
order for, $37,900 between the City of Aspen and Gilbert Sanchez Architect
PLLC 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 9th day of August 2022.
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, August 9, 2022.
Nicole Henning, City Clerk
3
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Evan Pletcher, Capital Asset Project Manager
THROUGH: Rob Schober, Capital Asset Director
MEMO DATE: August 1, 2022
MEETING DATE: August 9, 2022
RE: Resolution #095, 2022 Old Powerhouse Preservation Design Services Change
Order
Resolution #097, 2022 Old Powerhouse Preservation and Construction Manager
as Advisor Add Service
_____________ ____
REQUEST OF COUNCIL:
Please approve Resolution #095, 2022 a change order with Gilbert Sanchez Architect for
design services on the Old Powerhouse Preservation Project.
Please approve Resolution #097, 2022, an add service with Concept One Group for
Construction Manager as Advisor services on the Old Powerhouse Preservation Project.
SUMMARY AND BACKGROUND:
The Old Powerhouse (OPH), located at 590 N Mill St, in Aspen CO is a building listed on
Aspen’s Inventory of Historic Landmark Sites and Structures. The building was originally
a hydroelectric power plant fed by Hunter Creek, but the plant was shut down in the 1930’s
as the demand for mining electricity declined. The facility was used for storage until the
1970’s when the City was approached with a proposal to turn the OPH into the Aspen Art
Museum.
In 2015, the Aspen Art Museum vacated the facility, and it was assessed as part of the
City’s Facilities Master Plan (FMP). The plan detailed the recommended uses for and
current condition of the OPH.
The FMP concluded that the site is .44 miles from the downtown core and therefore is not
considered as having strong pedestrian access. The site is obscured by mature
vegetation furthering the gap in public visibility. The site’s historic building and existing
parking would be considered at full build-out of the site and the floodplain restricts further
development. The site is in a public zone district creating no issues for further public or
civic use of the current building. The site is likely to generate significant public
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opinion on the reuse of this historic structure as many different uses are possible on this
site. Even though the site is surrounded by open space, it is still compatible for office
space. The site has always been used publicly, generates traffic, and has no close
neighbors.
At the direction of Council, staff opened an RFP process in search of a future tenant
proposed use of the OPH. This process resulted in no applicant meeting all the criteria
needed to execute a lease agreement. In 2016, Capital Asset performed a minor
renovation to the interior space so it could serve as temporary office space for City
Departments and ACRA while the long-term use of the space was determined.
The FMP indicated that the building’s exterior needed comprehensive repairs, the roof
was due for replacement, and the building’s interior fixtures and finishes were at the end
of their useful life. To bring the building up to current ADA compliance standards, an
elevator would also need to be installed. Additionally, the building’s mechanical, electrical,
and plumbing systems needed an in-depth review and replacement.
As a result of the assessment, staff performed immediate repair needs to the building and
opened an RFP in search of an architect to preserve and prepare the building for future
use(s). In 2017, Gilbert Sanchez Architect was selected to lead the Architect/Design
services for the OPH. The design team created a plan for the building and Gilbert
submitted a conceptual design packet to the Building Department. The project was then
put on hold so that Staff and Council could focus their efforts on construction of the new
City Hall.
Upon completion of City Hall, the conversation about the future use of the OPH and
Armory was revisited. In 2022, Council agreed with Staff that the best long-term use for
the OPH was City office space. Staff was directed to take steps necessary to perform a
comprehensive remodel of the facility for office use that was inline with the City’s Verified
Program. This plan was also to focus on preservation of the building’s historic nature,
activating the lawn space for public use. Additionally, moving City departments currently
in the Main St. Cabin will will free up space for additional affordable housing.
DISCUSSION:
Concept One Group was brought on board to assist Staff in the execution of the OPH
remodel. The team reviewed the existing AIA contract documents with Gilbert Sanchez
Architect and determined they were still applicable and valid. Staff requested an updated
proposal from Gilbert and his team to modify and complete their existing design of the
facility. Staff also requested an add service proposal from Concept One Group for
Construction Management as Advisor to be added to their master agreement contract for
the City Offices project as this is an extension of that project. This request is being made
to fund the design and permitting phases of this project. A future request of Council will
be made to fund the construction administration phase of this project for Architectural and
CMa services before construction begins.
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FINANCIAL IMPACTS:
• Spending authority for design and consulting services was approved for this project
as part of the 2022 budget process $350,000 allocated to design in 2022 with a
lifetime design budget of $420,000.
• This project will be funded by the Asset Management Plan Fund (000) in project
51420 – Old Powerhouse Preservation.
• The project was originally budgeted at $3.5 million in 2016.
• Staff estimates an anticipated total project cost of $4.445 million due to inflation.
A breakdown of design and construction manager as advisor costs is provided below:
Gilbert Sanchez Architect Existing Contract Amount - $310,850
Change Order Amount - $37,900
Gilbert Sanchez Architect New Contract Amount - $348,750
Add Service for Concept One Group: $105,160
A future request of Council will be made to fund the construction administration phase of
this project for Architectural and CMa services before construction begins.
ENVIRONMENTAL IMPACTS:
The design team will closely evaluate the existing mechanical systems and building
envelope in search of efficiencies to be gained in building operation and functionality.
They will use knowledge gained from the pandemic and existing City office spaces to
ensure they create a healthy and productive office environment.
ALTERNATIVES:
We could go to RFP for new architecture and CMa services. We would lose the depth of
knowledge this team currently has, and we would have to spend the time required to go
to RFP with historically limited response.
RECOMMENDATIONS:
Please approve Resolution #095, 2022 a change order with Gilbert Sanchez Architect for
design services on the Old Powerhouse Preservation Project.
Please approve Resolution #097, 2022, an add service with Concept One Group for
Construction Manager as Advisor services on the Old Powerhouse Preservation Project.
CITY MANAGER COMMENTS:
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ATTACHMENTS:
Exhibit I: Resolution #095, 2022 - Gilbert Sanchez Architect Change Order
Exhibit II: Resolution #097, 2022 - Concept One Group Add Service
Exhibit III: Gilbert Sanchez Architect Changer Order #001
Exhibit IV: Concept One Group Add Service #003
Exhibit V: Facilities Master Plan OPH Section
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RESOLUTION #097
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADD SERVICE BETWEEN THE CITY OF
ASPEN AND CONCEPT ONE GROUP AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an add service to
the City Offices Project for Old Powerhouse Preservation Construction
Management as Advisor services, between the City of Aspen and Concept One
Group, a true and accurate copy of 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 that add service
for, $105,160 between the City of Aspen and Concept One Group 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 9th day of August 2022.
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, August 9, 2022.
Nicole Henning, City Clerk
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183 N. 12th Street | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470
July 26, 2022
Mr. Rob Schober
Capital Asset Director
City of Aspen
130 South Galena Street
Aspen, CO 81611
CITY OF ASPEN – CITY OFFICES: GILBERT SANCHEZ ARCHITECT PLLC PROPOSAL
Dear Rob:
The purpose of this letter is to recommend the approval of the Gilbert Sanchez Architect PLLC Proposed
Change Order to master contract agreement which was executed on February 13, 2017, under
resolution 15.2017.
BACKGROUND
In 2017, the City started work on the City Offices project and changed direction to accommodate ACRA
while City Offices was built. Now, Council has directed the team to go back to the original plan to make
the Old Powerhouse the permanent space for additional City offices and a possible public meeting room.
This proposal is to reset the schematic design to the Old Powerhouse through permit documents.
PROJECT COSTS
The cost of this proposed change order is $37,000.00 for new schematic design process. Construction
Administration will be handled in future change orders. As the design team understands the overall
scope of the project there may be future design change orders.
Total Cost of Proposed Change Order: $37,900
Best Regards,
Jack Wheeler
President
Concept One Group, Inc.
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gilbert sanchez architect pllc / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail.com
OLD POWERHOUSE REMODEL / PHASE III
SUPPLEMENT TO THE AGREEMENT
FOR ARCHITECTURAL SERVICES
C/O Jack Wheeler
Concept One Group
wheeler@conceptonegroup.com
Dear Jack,
This letter outlines revisions to the Architectural Services identified in our AIA B101-2007 Agreement dated February 13, 2017.
These services have previously been modified at the request of the City of Aspen to accommodate the City’s changing needs.
Phase I (Temporary location of City offices on the second floor) and Phase II (Temporary location of ACRA on the first floor)
were completed in 2017 and 2018. This document addresses the anticipated scope of work for the Schematic Design tasks
for Phase III which is intended to accommodate long-term City of Aspen office use.
REvISIOnS tO tHE AgREEMEnt
ARTICLE 1.1
Add the following:
Phase III Schematic Design Scope of Work:
1. Architect / Gilbert Sanchez Architect PLLC
a. Schematic Design• Space Programming• Floor Plans• Roof Plan• Elevations• Exterior Lighting Plan• Preliminary Finish Selections• Coordination of the Design Team
b. Pre-Application Conference with City of Aspen
c. HPC Application + Initial HPC Review
d. Three Progress Review Meetings w/ City Staff
e. City Council Review
2. Civil Engineering Services / TBD
a. Utilities
b. Stormwater Management• Site Plan Impacts• Landscape Coordination• Gutters + Downspouts
3. Preservation Consultant / Wiss Janey Elsner
a. Building Assessment• Masonry Preservation• Roof Assembly• Waterproofing
10
gilbert sanchez architect pllc / 300 south spring street #202 / aspen, colorado 81611 / grsanchezaia@gmail.com
2
4. Structural Engineer / TBD
a. Schematic Design Narrative• Roof Assembly• Elevator
5. MEP Engineer / IMEG
a. Review Previous Reports• Boiler• Alternative Energy Opportunities
b. Schematic Design Narrative• Electrical• Mechanical• Plumbing• Fire Suppression
6. Landscape Architect / Bluegreen
a. Tree Removal Identification
b. Landscape Schematic Design• Site Plan Impacts• Civil Coordination• Gutters + Downspouts
ARTICLE 1.2
Add the following:
Documents for the Phase III Schematic Design tasks shall be completed by December 1, 2021. The date for HPC review is
subject to the HPC calendar and remains to be determined.
ARTICLE 11.5
Add the following:
For Phase III Schematic Design work, see Exhibit E
By Architect:
Gilbert Sanchez, AIA
Principal, Gilbert Sanchez Architect PLLC
Date: 10/08/21
By Client:
Jack Wheeler
Concept One Group
Date:
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Phase III CoA Old Powerhouse Remodel Phase III Schematic Design Work October 8, 2021
SD Expenses
GSA Architect $15,000 $500 $15,500
WJE Preservation + Roofing $12,000 $500 $12,500
TBD Civil Engineer $2,000 $300 $2,300 It is anticpated that stormwater management
for the project will be required.
TBD Structural Engineer $1,500 $300 $1,800
IMEG MEP Engineer $2,000 $1,000 $3,000 Fire Protection (sprinkler + alarm) performance
spec only
Bluegreen Landscape Architect $2,500 $300 $2,800 Work includes stormwater management
solutions.
0
0
0
$35,000 $2,900 $37,900
CommentsTotal
Design Team Fee Total
Firm or Subconstultant Role on Project
Fees
12
183 N. 12th St. | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470
ASA #03
ADDITIONAL SERVICES AUTHORIZATION
Project Name: City of Aspen – City Offices Project – Old Powerhouse Renovation
Owner: City of Aspen
Project Manager: Robert Schober, Capital Asset Project Manager
Project Address: 425 Rio Grande Place, Aspen CO 81611
Contract: Council Resolution 17-2019, 11 February 2019
Date: July 26, 2022
Owner and Concept One Group are parties to the above-referenced contract (“Contract”) and wish to
amend the Contract as follows:
Concept One Group has been requested to perform and agrees to perform the following additional services
for the project. The services outlined below are in addition to the services under the original agreement:
We are pleased to submit our revised fee proposal for Owner’s Representation and Program Management
to assist you with the completion of the City of Aspen City Offices project, specifically the Old Powerhouse
Renovation.
The scope of work for this project is defined in our master contract agreement, which was executed on
February 11, 2019, under resolution 17-2019.
Jack Wheeler will continue to lead the project, assisted by Jess Robison and Jack Wheeler V. The following
hourly rates apply:
Project Director: $175
Senior Project Manager: $150
Project Manager: $135
Assistant Project Manager: $100
Project Engineer: $75
TOTAL additional not to exceed fee for additional services described above: $100,160.00. Plus an estimate of
reimbursable expenses totaling $5,000.00, for a total additional request of $105,160.00, outlined in the
below fee worksheet. Phase 3 for construction administration will be contracted after design is complete.
Should the level of effort be considerably more than that estimated in the attached schedule, Concept One
Group requests that the fee may be adjusted with owner to reflect the actual work performed.
13
183 N. 12th St. | Carbondale, CO 81623 | www.ConceptOneGroup.com | (970) 456-6470
Except as expressly amended or modified herein, the Contract shall remain unmodified and in full force and
effect.
Owner: Concept One Group:
Name: _________________________ Name: __________________________
Title: __________________________ Title: ____________________________
Project: Old Powerhouse
Phase 1 Phase 2 Phase 3 Total Fees
Project Director 6 6 8 20 $4,000
Senior Project Manager 32 48 32 112 $19,600
Assistant Project Manager 16 16 32 64 $6,400
Subtotal hours/level of effort 54 70 72 196 $30,000
FEE
PROPOSED Monthly Billing $ 7,360.00 $ 9,760.00 $ 9,280.00 $26,400
Months per phase 3 8 14
Total per phase $ 22,080.00 $78,080 $ 129,920.00 $230,080
EXPENSES
Reimburseable expenses, to be invoiced
at cost plus 7%
$ 2,500.00 $ 2,500.00 $ 2,500.00 $7,500
TOTAL $ 24,580.00 $ 80,580.00 $ 132,420.00 $237,580
ESTIMATED HOURS PER MONTH
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B191
OLD POWER HOUSE
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B192
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OLD POWER HOUSE
B193
Assessments & capital Accumulation Plans
May, 2015
Site Assessment
0 20 40 80
Gi
b
s
o
n
A
v
e
Entrance
Roaring
Fork River
Rio Gra
n
d
e
Tr
ail
N Mill St.
Waste
Management
Storage
Utilities
Open
Space
John Denver
Sanctuary
Roaring Fork
River
Old Power
House/ Aspen
Museum
Ron Krajian
Bridge
22 Parking
Spots
Pond
Diane Lewy
Memorial
Ampitheatre
Service
Bridge
Trail
Underpass
Spruce
Legend
Study Area Boundary
Parcel Line
17
OLD POWER HOUSE
B194
0 20 40 8021
Legend
Study Area Boundary
Parcel Line
Pedestrian Walk
Viewshed
Roaring Fork River
50’ Offset
100 Year Flood Plain
Vegetation
Parcel Size: 11,780 SF
.44 Miles to City HallGi
b
s
o
n
A
v
e
Rio Grande
Trail Continues
Under Road
Roaring
Fork RiverN Mill St.Storage
Utilities
Steep
Slopes
Ron
Krajian
Bridge
22 Parking
SpotsPond
Service
Bridge
Historic
Hydroplant
Building
Mature
Cottonwood
Grove
Drainage
Pools
Here
Snow
Build Up
Views to
Aspen
Mountain
Preserve Scenic
Quality of
Riparian Areas
(6) Power Plant Site
John Denver
Sanctuary
Roaring
Fork River
Site Assessment
Legend
Study Area Boundary
Parcel Line
Pedestrian Walk
Viewshed
Roaring Fork River
50’ Offset
100 Year Flood Plain
Vegetation
Parcel Size: 11,780 SF
0 20 40 80
18
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B195
Site Assessment
Site Analysis
The historic Old Power House and site are located along the
Roaring Fork River and North Mill Street. The building was
originally a hydroelectric power plant fed by Hunter Creek,
but the plant was shut down in the 1930’s as the demand
for mining electricity declined. The building was occupied
with storage until the 1970’s when the City was approached
with a proposal to turn the building into the Aspen Art
Museum. The Aspen Art Museum recently vacated the
facility. No plans are in place for the future program and use
of this building. The building is listed on Aspen’s Inventory
of Historic Landmark Sites and Structure and therefore
would be subject to review by the Historic Preservation
Commission.
Access and Parking – The site is accessible from North Mill
Street with 21 parking spaces provided. Six feet of grade
change separate the road way entrance from the parking
lot. It can be difficult to navigate the small turning radii of
the parking lot. Large trucks would not have access if the
lot were occupied. A secondary access road along Gibson
Avenue allows for art unloading currently to a reconstructed
sevice bridge connecting the second story of the building.
Trails – The Rio Grande trail connects the site connecting
pedestrians to the Rio Grande Park, John Denver Sanctuary
to the Puppy Smith Street businesses area. This trail will be
maintained and defines the limits of redevelopment area.
Drainage – The parking lot and building back up to a hillside
connecting to Gibson Avenue. Occupants of the building
describe standing water on the north and north-eastern side
of the building which has flooded into the structure on a few
occasions. Because the Roaring Fork River flows along the
eastern edge of the property, fifty feet of the existing parcel
are undevelopable. The majority of the site is within the 100’
year floodplain.
Trees and Vegetation – The site vegetation is characterized
by mature riparian vegetation including; cottonwoods,
spruces, dogwoods, willows and other perennial riparian
vegetation. An existing pond is located on the site further
promoting this riparian growth. This pond and natural
vegetation is described as part of the John Denver
Sanctuary.
Zoning Review
R-30 PUD Zone District
The purpose of the Low-Density Residential (R-30) Zone
District is to provide areas for long-term residential
purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are
included as conditional uses. Lands in the Low-Density
Residential (R-30) Zone District are typically located along
river frontages in outlying areas of the City.
Permitted Uses include: Detached residential dwelling,
duplex, home occupations, accessory buildings and uses and
vacation rentals.
Conditional Uses include: Arts, cultural and civic uses,
academic uses, agricultural uses, recreational uses, group
home, and child care center.
Inventory of Historic Landmark Sites and Structures
- Since the site is listed on the Inventory of Historic
Landmark Sites and Structures, a development
application review would be subject to review by
the Historical Preservation Commission (HPC). If
the Community Development Director deems the
development application to generate significant
community interest, the application will be reviewed
jointly by the Planning and Zoning Commission and
the Historic Preservation Commission. The brick
building dating back to the 1890s is classified as “Aspen
Victorian.” Any development would require approval of a
development order and either a certificate of no negative
effect or a certificate of appropriateness before any
permits or work authorization.
• The historical nature of the site warrants other
considerations:
• This lot is not required to meet the minimum lot area
requirement of its zone district.
• Community Development Department may determine
neighborhood outreach is required.
• Utility encroachments into the alleyways shall be
minimized but may be allowed if the historic structure
dictated such an encroachment.
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OLD POWER HOUSE
B196
Site Assessment
Conclusions
Access – The site is .44 miles from the downtown core and
therefore is not considered as having strong pedestrian
access. The site is obscured by mature vegetation furthering
the gap in public visibility.
Build-out – The site’s historic building and existing parking
would be considered at full build-out of the site. The
floodplain restricts further development. Redevelopment
may be hampered by the current structure’s historic
designation.
Zoning – The site is in a public zone district creating no
issues for further public or civic use of the current building.
Public View - The site is likely to generate significant public
opinion on the reuse of this historic structure. Many
different uses are possible on this site and will generate a
competitive dialogue for how the site should be used.
Compatibility – Even though the site is surrounded by open
space, it is still compatible for office space. The site has
always been used publicly, generates traffic, and has no
close neighbors.
.44 Miles
Distance to Armory (City Hall)
20
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B197
Old Power House Entry
Old Power House as seen from west
Site Assessment
21
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B198
Site Assessment
Utilities and Storage
Views of Aspen Mt. and Roaring Fork River
Snow Build-up
Parking Entrance from N Mill and Gibson Corner
Art Museum Entrance and Connection to Trail Rio Grande Trail, Trees Against Building
Service Bridge from Gibson
Grade Change from Roads to Parking Steep Slopes
Diane Lewy Memorial Amphitheatre
Rio Grande Trail through Open Space John Denver Sanctuary
22
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B199
CITY OF ASPEN POWER HOUSE BUILDING
590 N. Mill Street, Aspen, Colorado
BUILDING ASSESSMENT
Overview: On April 2, 2014, a walk through at the facility was conducted with Jonathan Hagman (Aspen Art
Museum), Scott Smith (CCA), Stan Humphries and Taylor Critchlow (AEC).
ARCHITECTURE
Facility Description:
The original, rectangular‐shaped building was constructed in the late 1880’s as a hydroelectric
facility on the Roaring Fork River. The original, one‐story building was about 3,145 sq. ft. and was
constructed of stone foundation walls, brick exterior walls, and a wood framed gable roof.
In 1979 a rectangular, gable‐roofed addition was added to the northwest end of the building. This
addition consisted of about 5,220 sq. ft. of new first floor space, and a second floor above the
original building’s first floor, for a building total of about 8,365 sq. ft.
A long shed roof dormer was also added at this time with clerestory windows, as well as a
pedestrian walkway bridge which connects the second story of the building to Gibson Avenue on
the north side.
The new addition was constructed of a reinforced concrete (spread footing, stem wall and floor
slab) foundation, wood framed brick veneer exterior walls and a steel roof truss/wood joist
structured roof system (over the existing and new building areas).
EXTERIOR
1)The building exterior envelope consists of a galvanized, corrugated metal roof, wood fascia and
plywood soffit, galvanized metal sheet siding (dormer walls), brick walls, wood (historic) windows,
and metal/glass entry doors. The pedestrian bridge on the north side is constructed of glulam beams,
wood joists and decking.
2)The bridge had a problem with damage from carpenter ants with the wood structure. Steel members
were added to the glulam beams for additional support.
3)There are several roof leaks evident on the interior (see Image #1) in the entry vestibule and at the
stair. Several roof snow fences have broken off due to sliding snow, as well as damage to mechanical
roof penetrations on the north side (see Image #2).
4)There is no noticeable damage to the structural foundation or walls resulting in cracks or settling. The
brick walls are in good shape considering the age of the historic building. Some of the brick areas
could benefit from repointing (see Image #3) as well as several areas with cracks thru the bricks (see
Image #4). It would probably be good to have a restoration company evaluate the historic building
prior to a remodel.
5)The building’s wooden surfaces were painted six years and are in need of new refinishing.
6)There is some moisture damage to the soffits of the bridge gable entry roof (see Image #5).
7)Building flashing and sealants need to be reviewed and in many cases repaired or replaced. Poorly
constructed and weathered material connections have created gaps in the building envelope (see
Image #6).
Facility Assessment
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OLD POWER HOUSE
B200
ARCHITECTURE Facility Description: The original, rectangular‐shaped building was constructed in the late 1880’s as a hydroelectric facility on the Roaring Fork River. The original, one‐story building was about 3,145 sq. ft. and was constructed of stone foundation walls, brick exterior walls, and a wood framed gable roof. In 1979 a rectangular, gable‐roofed addition was added to the northwest end of the building. This addition consisted of about 5,220 sq. ft. of new first floor space, and a second floor above the original building’s first floor, for a building total of about 8,365 sq. ft. A long shed roof dormer was also added at this time with clerestory windows, as well as a pedestrian walkway bridge which connects the second story of the building to Gibson Avenue on
the north side.
The new addition was constructed of a reinforced concrete (spread footing, stem wall and floor
slab) foundation, wood framed brick veneer exterior walls and a steel roof truss/wood joist
structured roof system (over the existing and new building areas).
EXTERIOR
1)The building exterior envelope consists of a galvanized, corrugated metal roof, wood fascia and
plywood soffit, galvanized metal sheet siding (dormer walls), brick walls, wood (historic) windows,
and metal/glass entry doors. The pedestrian bridge on the north side is constructed of glulam beams,
wood joists and decking.
2)The bridge had a problem with damage from carpenter ants with the wood structure. Steel members
were added to the glulam beams for additional support.
3)There are several roof leaks evident on the interior (see Image #1) in the entry vestibule and at the
stair. Several roof snow fences have broken off due to sliding snow, as well as damage to mechanical
roof penetrations on the north side (see Image #2).
4)There is no noticeable damage to the structural foundation or walls resulting in cracks or settling. The
brick walls are in good shape considering the age of the historic building. Some of the brick areas
could benefit from repointing (see Image #3) as well as several areas with cracks thru the bricks (see
Image #4). It would probably be good to have a restoration company evaluate the historic building
prior to a remodel.
5)The building’s wooden surfaces were painted six years and are in need of new refinishing.
6)There is some moisture damage to the soffits of the bridge gable entry roof (see Image #5).
7)Building flashing and sealants need to be reviewed and in many cases repaired or replaced. Poorly
constructed and weathered material connections have created gaps in the building envelope (see
Image #6).
INTERIOR
1)The interior finishes consist of painted gyp. board ceilings and walls, wood, vinyl and carpet flooring.
2)The exterior original windows have been covered by interior walls and panels to prevent light entering
exhibit areas.
3)The interior finishes are in average condition although most need to be replaced due to wear,
especially in the toilet rooms (see Image #7).
RECOMMENDATIONS
1)A new roof (along with underlayment and sheathing) is needed to replace the existing metal roof.
Roof drainage solutions need to be planned for (snow fences, heat tape, gutters, downspouts). The
main entry has no protective overhang and the roof slopes toward the entry door. A gutter is in place
but a safer solution would be advisable (see Image #8).
2)Much of the roof perimeter drains directly to the ground around the building with little water control.
On the north side large amounts of snow pile up against the building walls. It would be good to
control this drainage and direct it away from the building.
3)There is a make‐shift storage shed on the northwest side of the building which is a visual distraction
and should probably be removed (see Image #9).
4)The entry doors and metal windows should be replaced as they have exceeded their useful life and are
not energy efficient.
5)Weatherization (flashing, sealants) should be implemented for the entire envelope.
6)New roof and wall insulation should be installed to comply with current energy codes. The roof
structure should be evaluated resultant, additional snow loading.
7)The exterior, paintable surfaces should be repainted.
8)The walkway bridge on the north side should be evaluated for structural soundness and possibly
replace the walking surface and railings (which don’t comply with current building codes).
9)The site drainage should be studied as there is a problem with water ponding near the auto entry.
10)Interior walls and panels should be removed from the historic windows, windows refinished, and new
insulative storm sashes added.
11)A public passenger elevator would be a good addition to the building to facilitate handicap
accessibility.
Facility Assessment
24
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B201
INTERIOR 1)The interior finishes consist of painted gyp. board ceilings and walls, wood, vinyl and carpet flooring. 2)The exterior original windows have been covered by interior walls and panels to prevent light entering exhibit areas.
3)The interior finishes are in average condition although most need to be replaced due to wear,
especially in the toilet rooms (see Image #7).
RECOMMENDATIONS
1)A new roof (along with underlayment and sheathing) is needed to replace the existing metal roof.
Roof drainage solutions need to be planned for (snow fences, heat tape, gutters, downspouts). The
main entry has no protective overhang and the roof slopes toward the entry door. A gutter is in place
but a safer solution would be advisable (see Image #8).
2)Much of the roof perimeter drains directly to the ground around the building with little water control.
On the north side large amounts of snow pile up against the building walls. It would be good to
control this drainage and direct it away from the building.
3)There is a make‐shift storage shed on the northwest side of the building which is a visual distraction
and should probably be removed (see Image #9).
4)The entry doors and metal windows should be replaced as they have exceeded their useful life and are
not energy efficient.
5)Weatherization (flashing, sealants) should be implemented for the entire envelope.
6)New roof and wall insulation should be installed to comply with current energy codes. The roof
structure should be evaluated resultant, additional snow loading.
7)The exterior, paintable surfaces should be repainted.
8)The walkway bridge on the north side should be evaluated for structural soundness and possibly
replace the walking surface and railings (which don’t comply with current building codes).
9)The site drainage should be studied as there is a problem with water ponding near the auto entry.
10)Interior walls and panels should be removed from the historic windows, windows refinished, and new
insulative storm sashes added.
11)A public passenger elevator would be a good addition to the building to facilitate handicap
accessibility.
IMAGE #7: IMAGE #8:
IMAGE #9:
IMAGE #7: IMAGE #8:
IMAGE #9:
IMAGE #7: IMAGE #8:
IMAGE #9:
Facility Assessment
25
OLD POWER HOUSE
B202
IMAGE #1: IMAGE #2:
IMAGE #3: IMAGE #4:
IMAGE #5: IMAGE #6:
Facility Assessment
26
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B203
aec
Architectural Engineering Consultants, Inc.
Mechanical, Electrical, & Lighting Design Services
An Office with LEEDTTMM Accredited Professionals
40801 US Hwy 6 & 24, Suite 214, Eagle-Vail, CO 81620 Post Office Box 8489, Avon, CO 81620
phone: 970-748-8520 fax: 970-748-8521 email: stan@aec-vail.com web: www.aec-vail.com
Observation Report – Aspen Streets Department
Overview
On April 16, 2014, Taylor Critchlow and Lucas Edwards provided a walkthrough of the existing
Aspen Streets Department Buildings. They were accompanied by Scott Smith of Charles
Cunniffe Architects and Willy McFarland of the Aspen Streets Department. The purpose of this
walkthrough was to provide a general inventory and assessment of the existing MEP systems.
The Aspen Streets Department is located at 1080 Power Plant Road in Aspen, Colorado. There
are (2) stand-alone buildings; the older heated storage building to the South, and the newer
administrative and maintenance building to the North. The existing heated storage building
was constructed around 1893; The newer admin/maintenance building to the South was built in
1994. The overall area of the conditioned spaces is approximately 17,000 SF.
Mechanical Systems Assessment
Administrative/Maintenance Building – Administrative
The administrative wing of the building is served by a single air handling unit located in the
mechanical mezzanine. This hydronic fan coil (Magic Aire 180-BHW-4) provides heating and
ventilation to all offices. There is a single stand-alone thermostat controlling this unit near
reception. This unit has a large quantity of outside air to it, but the damper rods are not able
to be mechanically controlled. There is a note signifying that the outside air damper should be
manually closed in winter; thus it supplies no mechanical ventilation during these times.
Observation Date: 4/16/14 Location: Streets Department
Project: Aspen Streets Department Weather Cond.: Mostly Sunny, 45 deg
Project No.: 14019.00 Time: 10:30am
Client: CCA Duration: 1.5 hours
Prepared By: Taylor Critchlow,
Lucas Edwards
Date of Issuance: 5/1/14
Observation Date:4/2/14 Location:Aspen Art Museum
Project:Aspen Art Museum Weather Cond.:Mostly Cloudy, 40 degrees
Project No.:14019.00 Time:11:00 am
Client:CCA Duration:1 hour
Prepared By:Taylor Critchlow, Stan
Humphries
Date of Issuance:4/25/14
Observation Report
Overview
On April 2, 2014 Taylor Critchlow and Stan Humphries
provided a walkthrough of the existing Aspen Art Museum.
They were accompanied by Scott Smith of Charles Cunniffe
Architects, and Jonathan Hagman of the City of Aspen.
The purpose of this walkthrough was to provide a general
inventory and assessment of the existing MEP systems.
The Aspen Art Museum is located at 590 North Mill Street
in Aspen, Colorado. The building was originally constructed
in 1980. There are two levels to the building. The first level
houses a large exhibit area, restrooms, storage, shop, and a
small bookstore area. The second level consists of a smaller
exhibit area and offices. The overall area of the building is
approximately 8400 SF.
Mechanical Systems Assessment
The building is heated by a central boiler plant. This plant
provides heating water to (2) large air handling units which
provide forced air heating and cooling to the building.
This plant also provides hot water to a few unit heaters in
support areas. All of the equipment, with the exception of
the gas-fired water heater, was installed during the original
construction and is approximately 35 years old. All controls
are stand-alone.
Boiler Plant
A single atmospheric (standard efficiency) boiler is located
in the NW mechanical room. This boiler is 35 years old, and
has outlived its useable life. While originally an 80% efficient
device, time has likely reduced efficiency levels to the 60-70%
range. This unit is common vented out the roof with a gas-
fired water heater within the mechanical room.
Existing Boiler – Installed 1980
Facility Assessment
27
OLD POWER HOUSE
B204
Heated water is distributed from this boiler with a single
constant speed circulator, also past its useable life. All
hydronic piping is uninsulated, even in unconditioned areas.
This is inefficient, and is also against current energy codes.
The boiler system does not have any redundancy, so a failure
in the boiler or pump would cause a complete shutdown of
the system.
Lower Level Gallery HVAC System
The gallery is served by a large and old commercial air
handling system. The strict temperature and humidity
requirements of the gallery led to the installation of a very
energy intensive system which would not be well suited to
alternative space usages.
A single air handling unit (Liebert Model UD199) is located
in the second level mechanical room, and is from the
original construction. At 16.5 tons cooling, it is significantly
oversized for even the strict temperature requirements
of the gallery. There is no outside air to the unit, which is
against current code. The unit is past its useable life and
should be removed during a future remodel.
All ducting is uninsulated, and is routed to sidewall grilles
in exposed ductwork in the ceiling of the gallery. There is a
significant amount of duct leakage in the system. A single
return grille exists on the sidewall above the Women’s room.
This grille transfers a lot of noise from the unit to the space.
The lower level gallery air handler is connected to a
remote condenser located to the East of the building.
This condenser was irreparably damaged by a roaming
bear many years ago. As such, it is only able to run at half
capacity. This has not been an issue, as the original unit
was well oversized. It has actually served to cut back on
nuisance trips by limiting the instances of coil freeze ups.
Like the air handler, this unit should be removed during a
future remodel.
Ducting and Diffusers in Lower GalleryCommon Venting Through Mech Room Ceiling
Air Handling Unit – Installed 1980
Facility Assessment
28
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B205
The system also includes a high-capacity commercial
humidifier which was installed in 2007. This unit attempts to
keep the space at 50% RH and runs constantly. It has been
subject to a multitude of maintenance issues and should be
removed during a future remodel.
Upper Level Gallery/Offices and Lower Support Areas HVAC
System
These areas are served by a two-zone reheat air handling
system located in the attic above the storage area. The air
handler (McQuay Model 3JH00092) was installed during the
original construction. Outside air is provided to the unit,
but the dampers are broken and unable to be adjusted. All
ducting is uninsulated, which is inefficient and against code
in the attic spaces. This unit is past its useful life and should
be removed during a future remodel.
The system also includes a high-capacity commercial
humidifier which was installed in 2007. This unit attempts to
keep the space at 50% RH and runs constantly. It has been
subject to a multitude of maintenance issues and should be
removed during a future remodel.
Upper Level Gallery/Offices and Lower Support Areas HVAC
System
These areas are served by a two-zone reheat air handling
system located in the attic above the storage area. The air
handler (McQuay Model 3JH00092) was installed during the
original construction. Outside air is provided to the unit,
but the dampers are broken and unable to be adjusted. All
ducting is uninsulated, which is inefficient and against code
in the attic spaces. This unit is past its useful life and should
be removed during a future remodel.
Air Handling Unit – Installed 1980
Two-Zone Reheat System with Uninsulated Ducts
Gas Meter Location in Front of Building
Gallery Humidifier – Installed 2007
Facility Assessment
29
OLD POWER HOUSE
B206
Electrical Distribution and Incoming Service – Assessment
The building has an exterior utility transformer located
nearby at the north side of the building. The transformer is
directly in line for ice and snow being shed from the roof.
A large dent at the top of the transformer is evidence that
heavy ice has fallen in the past.
The incoming service is routed into the building
underground to the main electrical room at the west end of
the building, approximately 200 feet. The incoming service
is two sets of 300 MCM aluminum, 120/208V 3P, 4W. This
would be equivalent to 460 amps.
At the main electrical room the service is routed through
a utility CT cabinet for metering. After the CT cabinet the
service enters a 400 amp main disconnect. At the main lugs
of that disconnect an additional service is tapped to a 200
amp 2nd main disconnect, fused at 150 amps that serves
the chiller for the building. The 400 amp main disconnect
is fused at 300 amps which then feeds the two main
distribution panels for the building.
There is a sub panel from the two main distribution panels
that feeds the exterior heat trace.
The distribution panels for the building are all full with no
spare space for additional circuits. These panels would be
considered loaded with little spare capacity. Storage is
stacked up against the electrical panels.
Electrical Recommendations:
1. At the exterior transformer location, heat trace and
snow fencing should be installed to prevent potential
ice falling on the transformer. See photo below.
2. Remove storage from the electrical area to maintain
national electric code clearances and fire code
requirements.
3. If significant remodel is planned, reworking the
electrical service would be recommended. Rework of
the electrical distribution would include:
a. Set new main distribution panel at exterior of the
building to distribute power to interior distribution
panels.
b. Plan new distribution panels as required for new
loads.
1½” Water Entry Assembly (PRV, BFP, Meter)
Exterior transformer exposed to potential ice damage
Interior Incoming service and main disconnect
Facility Assessment
30
OLD POWER HOUSE
Assessments & capital Accumulation Plans
May, 2015 B207
Power and Circuit Recommendations:
1. Add surge suppression to main building service to
supplement the individual surge suppression at each
desk. We’re working with Jeff Pendarvis to provide an
overall plan for surge suppression; we’ll provide that
information in a separate report.
2. If a substantial renovation is planned, include in
the planning to reset existing receptacles to ADA
requirements. This would be primarily raising the
mounting height of the receptacles to the standard 18”
above finished floor.
Lighting and Lighting Controls – Assessment and
Recommendations
Exterior lighting is nonexistent at the main entrance.
Additional exterior lighting is provided by acorn style pole
mounted lights at sidewalks and parking area. Exterior
lighting is controlled via timeclock/photocell. All exterior
lights were noted as “non-cut off type” which means there
was is significant glare and light pollution coming from the
lights.
Exit and egress signage throughout the building is sufficient.
Exit and egress lighting is battery backup units located
throughout the building. No exterior egress lighting was
noted.
Interior lighting throughout the building consisted of the
following types of lights:
• Substantial specialty incandescent/halogen track
lighting is provided throughout the art display areas.
• Back of the house lighting is primarily fluorescent
lighting.
• Lighting controls are traditional wall mounted switches.
Branch Circuit Distribution and Power Receptacles –
Assessment
Branch circuits for lighting and receptacles are primarily
distributed from the main distribution panels located at the
electrical room. No surge suppression is installed at the
main incoming service. Back up UPS and surge suppression
is provided at each desk. Overall there is sufficient power
distributed throughout the building for receptacles. At the
art display areas receptacles are mounted unusually low
which would not meet ADA requirements.
Main service area cluttered with storage
Receptacles at art display areas mounted unusually low
Distribution Panel
Facility Assessment
31
OLD POWER HOUSE
B208
Specialty incandescent/halogen track lighting throughout the art
display area
Specialty incandescent/halogen track lighting throughout the art
display area
Art Display lighting is controlled by some dimming
but primarily switched on/off
No entry lighting at main entrance
Acorn style pole mounted area lighting at parking
Lighting Recommendations:
1. Exterior lighting should be reviewed further to confirm
adequate lighting at the main entry. Lighting should be
added in this area.
2. Exterior pole mounted acorn style fixtures should be
replaced with cut off type lighting to prevent glare and
light pollution.
3. Add code required egress lighting at exits.
4. Replace standard light switches with occupancy
sensors.
5. Inventory all existing fluorescents and plan to replace
with LED.
Facility Assessment
32
OLD POWER HOUSE
B209
Assessments & capital Accumulation Plans
May, 2015
Capital Accumulation Plan
City of Aspen ‐ Old Power House
20 Year Capital Expenditure Forecast
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
Location
Improvement
Year
Improvement
Year Item Qty Unit Unit Cost Extended Cost With MU Cost Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20
SITE
3 Regrade, Site 3,000 SF $3.45 $10,350 $15,213 $16,624
3 Remove Shed 1 LS $1,500.00 $1,500 $2,205 $2,409
3 Remove Hardscape & Softscape 1,000 SF $4.31 $4,310 $6,335 $6,922
3 Hardscape & Site Specialties 500 SF $31.05 $15,525 $22,819 $24,935
3 Pedestrian Bridge, Repair Existing 1 LS $15,000.00 $15,000 $22,048 $24,092
3 Landscaping & Irrigation 500 SF $17.25 $8,625 $12,677 $13,853
1 Site Lighting (LED)1 LS $10,000.00 $10,000 $14,699 $14,699
Site Utilities Not Required
STRUCTURE
EXTERIOR
2 20 Remove Exterior Wall Furring and Gyp Bd.4,050 SF $3.16 $12,798 $18,811 $19,957 $33,975
2 20 Remove Exterior Windows 600 SF $8.05 $4,830 $7,099 $7,532 $12,822
2 20 Remove Door and Frame 4 EA $115.00 $460 $676 $717 $1,221
2 20 Brick Veneer ‐ Patch, Repair & Repoint 1,000 SF $23.00 $23,000 $33,807 $35,865 $61,058
2 20 Weatherproofing / Sealant 8,365 SF $1.35 $11,293 $16,599 $17,610 $29,979
2 20 Window Frame w/ Ins. Glazing (Historic)600 SF $138.00 $82,800 $121,704 $129,115 $219,810
2 20 Exterior Door w/ Frame, Per Leaf 4 Leaf $4,312.50 $17,250 $25,355 $26,899 $45,794
2 20 Paint Wall, Exterior 2,000 SF $2.30 $4,600 $6,761 $7,173 $12,212
ROOFING
2 20 Remove Roofing & Flashings 7,000 SF $3.74 $26,180 $38,481 $40,824 $69,500
2 20 Roofing, Soffit, Flashings, Snow Fence 7,000 SF $19.55 $136,850 $201,149 $213,399 $363,297
INTERIOR
1 14 Replace Carpet / Flooring 8,365 SF $4.89 $40,905 $60,124 $60,124 $90,943
1 14 Repaint Walls / Ceilings 8,365 SF $1.27 $10,624 $15,615 $15,615 $23,619
1 14 Refinish Doors / Trim 1 LS $2,500 $2,500 $3,675 $3,675 $5,558
1 14 Patch and Repair Allowance 1 LS $3,500 $3,500 $5,144 $5,144 $7,781
MECHANICAL
1 20 Remove HVAC System 8,365 SF $3.45 $28,859 $42,419 $42,419 $76,613
1 20 Ductwork, Insulation & Devices 7,100 LBS $10.35 $73,485 $108,012 $108,012 $195,082
1 20 Boiler 1 EA $8,500 $8,500 $12,494 $12,494 $22,565
1 20 AHU 1 EA $30,000 $30,000 $44,096 $44,096 $79,641
1 20 AHU 1 EA $30,000 $30,000 $44,096 $44,096 $79,641
1 20 Condensing Unit 1 EA $5,000 $5,000 $7,349 $7,349 $13,274
1 20 Condensing Unit 1 EA $5,000 $5,000 $7,349 $7,349 $13,274
1 20 Humidifier 1 EA $2,000 $2,000 $2,940 $2,940 $5,309
1 20 HVAC Piping & Specialties 8,365 SF $5.46 $45,673 $67,132 $67,132 $121,248
1 20 HVAC Control System 8,365 SF $5.00 $41,825 $61,476 $61,476 $111,033
1 20 HVAC Test & Balance 120 HR $132.25 $15,870 $23,327 $23,327 $42,130
1 20 HVAC Modifications, Misc.1 LS $25,000.00 $25,000 $36,746 $36,746 $66,368
ELECTRICAL
1 Remove Electrical System 8,365 SF $2.88 $24,091 $35,410 $35,410
1 Light Fixtures, LED 100 EA $557.75 $55,775 $81,981 $81,981
1 Power Outlets / Switches 125 EA $178.25 $22,281 $32,750 $32,750
1 Distribution Panel 1 EA $6,500 $6,500 $9,554 $9,554
1 Distribution Panel 1 EA $7,500 $7,500 $11,024 $11,024
1 Feeder & Branch Wiring 8,365 SF $8.63 $72,190 $106,108 $106,108
1 Fire Alarm System 8,365 SF $2.01 $16,814 $24,714 $24,714
1 Surge Suppression System 8,365 SF $1.90 $15,894 $23,361 $23,361
1 Electrical Modifications, Misc.1 LS $15,000.00 $15,000 $22,048 $22,048
PLUMBING
1 Remove Plumbing Fixtures & Piping 20 EA $977.50 $19,550 $28,736 $28,736
1 Plumbing Fixtures w/ Piping 20 EA $3,335.00 $66,700 $98,039 $98,039
4 Water Heater 1 EA $2,900.00 $2,900 $4,263 $4,798
1 Plumbing Modifications, Minimal (Allowance)1 LS $5,000.00 $5,000 $7,349 $7,349
FIRE/LIFE SAFETY
1 Fire Sprinkler System 8,365 SF $4.03 $33,711 $49,550 $49,550
(Riser, Piping, & Heads)
ADA
1 Elevator, Hydraulic ‐ 2 Stop 1 EA $74,750.00 $74,750 $109,871 $109,871
OTHER
Total 8,365 GSF $1,192,767 $1,753,188 $1,197,187 $499,091 $88,836 $4,798 $127,902 $1,675,848
$142.59 $209.59
Total with inflation @3%/year
NOTES:Costs are for Construction only.
Costs are Based on a Traditional Open Competitive Bid Basis.
Costs are Based on a Construction Start of Spring 2016.
33
34
MEMORANDUM
TO:Mayor and City Council
FROM:Nicole Henning, City Clerk
THROUGH:Jim True, City Attorney
MEMO DATE:August 4, 2022
MEETING DATE:August 9, 2022
RE:Resolution #100, Series of 2022 – Calling for and establishing the
date for the Coordinated Election and authorizing the City Clerk to execute the IGA with
Pitkin County.
REQUEST OF COUNCIL:Staff is recommending Council establish participation in the
Coordinated November Election and authorize the City Clerk to execute the IGA.
SUMMARY AND BACKGROUND: The attached resolution calls for and sets the date for
the Coordinated General Election for November 8, 2022, and authorizes the City Clerk to
execute the Intergovernmental Agreement with the Pitkin County Clerk and Recorder
concerning that election. Staff will be recommending to Council a ballot question seeking
an extension of the Parks and Open Space Sales Tax, implementation of a Short-Term
Rental Tax and other potential items, for the November 8, 2022, coordinated election.
DISCUSSION: To coordinate with the County for the November election there are
several time deadlines that must be met. The first is calling for the election by resolution
and execution of the IGA prior to August 30, 2021. The second deadline to consider is
that all ballot content must be delivered to the County by September 9, 2021. At the
Council meeting on August 23rd, Staff will recommend ballot language for the questions
noted above. Council can still add ballot questions or issues, if needed, by holding a
special meeting.
FINANCIAL IMPACTS: Political Subdivision (City of Aspen) shall pay to the County Clerk
its pro rata share of the direct costs and expenses actually incurred and paid by the
County Clerk in order to prepare for and conduct the election, including without limitation
post-election activities such as the post-election audit, canvass and certification of official
results. Political Subdivision’s prorated share of such costs and expenses shall be based
on a) the total number of registered electors residing within the columnar length in inches,
of ballot content certified to the County Clerk by the Political Subdivision. The minimum
charge for participation in the election is $1,000.
ENVIRONMENTAL IMPACTS: None
35
ALTERNATIVES: If Council chooses not to place the question on the ballot in November,
the next opportunity would be March of 2023.
RECOMMENDATIONS: Staff is recommending Council adopt Resolution #100, Series
of 2022 to set the election date for the coordinated general election and authorize the City
Clerk to sign the IGA.
36
RESOLUTION #100
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CALLING FOR AND ESTABLISHING A DATE FOR THE CITY OF ASPEN TO
COORDINATE WITH PITKIN COUNTY FOR THE 2022 COORDINATED ELECTION
TO BE CONDUCTED ON NOVEMBER 8, 2022, AND AUTHORIZING THE CITY
CLERK TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT
CONCERNING THE 2022 COORDINATED ELECTION.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement for the 2022 Coordinated Election, between the City of Aspen “Political
Subdivision” and Pitkin County Clerk and Recorder, a draft copy of which is attached
hereto as Exhibit “A”; and
WHEREAS, the City Council desires to place before the Aspen electorate certain
ballot questions; and
WHEREAS, the City Council may add such additional questions to the ballot as it
may hereafter deem appropriate,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1:
The City of Aspen shall coordinate with the Pitkin County General Election established for
Tuesday, November 8, 2022, for the purposes of submitting ballot questions regarding
amending code provisions regarding the extension of a Parks and Open Space Sales Tax,
implementation of a Short-Term Rental Tax and any other questions to be determined by the
City Council at a future date.
Section 2:
Pursuant to Ordinance No. 31, Series of 1996, the coordinated election shall be conducted in
accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take
all steps necessary to negotiate with the Pitkin Clerk and Recorder for the preparation of an
intergovernmental agreement in accordance with Section 1-7-116, C.R.S., concerning the
conduct of the November 8, 2022, Coordinated General Election according to law,
substantially in the form of the draft attached hereto. The City Clerk shall be authorized to
execute the intergovernmental agreement concerning the 2022 Coordinated General Election,
subject to final approval of the City Attorney.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
37
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 9th day of August 2022.
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, August 9, 2022.
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL JULY 26, 2022
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, and
Mesirow present. Councilor Hauenstein was absent.
PUBLIC COMMENT:
Don Rogers – Mr. Rogers said he started yesterday as the new editor of the Aspen Times. He is looking
forward to learning and getting to know the councilmembers.
Council welcomed him.
COUNCILMEMBER COMMENTS:
Councilor Doyle spoke about the continued drought in the west and the forest fires which are all over
Europe. The heat wave is baking things. He mentioned April Long from our Engineering team who is the
Reudi Power and Water Authority Director. She had to make a request for no fishing this past week due
to the high temperatures. Fish get stressed out when the water is above 65 degrees, so, April helped
with this and it’s important to tell some good news.
Councilor Richards said she would ask that people on bicycles start paying attention to the rules of the
traffic road. She’s seeing a lot of dangerous behavior and they are riding at night with no reflectors, and
this is very dangerous. Sharing the road requires responsibility, and she would like to see this change
before there are any injuries.
Mayor Torre brought up mental health awareness. If you know someone suffering, there are a bunch of
resources in our community. He mentioned the Hope Center, which is available 24 hours a day.
aspenstrong.org has a lot of resources and also has opportunities for scholarship or pro bono
counseling. He always likes to mention better things people could be doing, and tonight’s highlight is the
Sound of Music. This is an outstanding performance with an orchestra and Theatre Aspen. It starts at
7:30 this evening. He also has a question to council regarding the living lab downtown. He’s wondering
about modifications that need to be made. He sees room for improvement and changing the loading
zone on Hyman Avenue. It’s slated to be in place until October 1
st. He wants to know if council is
interested in having a discussion at next week’s work session for modifications. He spoke with Ward
about it this evening and he was open to the conversation. Our speed limit in town and side streets are
still at 20 mph and perhaps we should lower it in the core. He’s interested in revisiting the bicycle rolling
stop signs. What we are seeing is no longer with pedal power, they have small motors on them. We’re
seeing different conditions with bikes.
Councilor Richards is wondering what we go back to when the living lab is over. She does appreciate the
conversation and looks forward to it.
Councilor Doyle supports revisiting it as well and making some tweaks.
Councilor Mesirow said he’s always in for listening and learning. Maybe we need a refresher on
changing biker behavior and speed limits. He’d like staff feedback on what they can really do to be
effective.
Mayor Torre said he will speak with City Manager, Sara Ott, as to when they can get a discussion
together.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 26, 2022
Public Works Director, Scott Miller, said the rolling stop sign was state enacted. Mayor Torre asked
about changing it for Aspen.
City Attorney, James R. True, said he will look into it and see if we have the authority.
Councilor Richards asked if at a future meeting we can ask the city arborist for the status health of trees.
She’s seen a lot of them browned out. She’s wondering if it’s a new disease or just drought conditions.
AGENDA AMENDMENTS: None.
CITY MANAGER COMMENTS:
Ms. Ott said they’ve been scheduling the living lab discussion for late September. She announced the
Recreation Center hours are back open to seven days a week.
BOARD REPORTS:
Councilor Doyle said he had a CORE meeting, and the methane project is moving forward.
Councilor Richards is leaving tomorrow for Rangely for a Club 20 policy meeting. Public lands and energy
are topics on the agenda.
Councilor Mesirow had APCHA which continues to work on rightsizing standards for sellers. We had our
4th HomeTrek presentation at this meeting.
Mayor Torre said he had ACRA and that Steve Skadron was in attendance as a presenter and he spoke
about the childcare room and working that into a training facility while also extending the capacity for
infant care by eight spots. The big conversation around the table was surrounding the living lab on
Galena and Cooper.
Ms. Ott gave an update on the Airport Advisory Board. She said the discussions were focused around
making a recommendation to the BOCC regarding baseline gas emissions. Noise mitigation for aviation
aircraft was the topic of conversation. The group will meet again in four weeks.
Councilor Richards wants to know how many employees it takes to run the airport.
CONSENT CALENDAR:
Mayor Torre pulled both items.
Resolution #093, Series of 2022 – Paepcke Transit Hub Change Order 2 - Mike Horvath, Civil Engineer
Mayor Torre said this is the second change order and the cost has been 400,000+ in change orders. He
understands why this one is coming through but is wondering about overall project budget. Mr. Horvath
said the project is on schedule at this pointand won’t set them back substantially. This amount is also
within contingency. He said they are past the large part of discoverables at this point. Mr. Doyle asked
what date going across Main Street will take place and Mr. Horvath said late August and are looking at
traffic control and for the best path forward. It will either be night work or a lane closure.
Resolution #094, Series of 2022 - Lumberyard Design Team Contract Amendment to add 2022
Entitlements Planning Services and Related Consulting Services – Chris Everson, Project Manager
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REGULAR MEETING ASPEN CITY COUNCIL JULY 26, 2022
Mayor Torre said he has the same question on this one. We have recently moved up funding and he
wants to know if we are in sequence. Mr. Everson said he was here to add additional services on June
28th. At the time, we had just finished the schematic design process. Now we need to get ready for the
landuse and titlements process. Everything you see here is designed to fit within the 2022 budget.
Mayor Torre said affordable housing has been a big topic of conversation this past week, and we are the
representatives of our community, and want to do the best for our community. He said he is supportive.
Councilor Doyle motioned to approve the consent calendar; Councilor Mesirow seconded.
Roll call vote: motion carried. All in favor.
First Reading of Ordinances:
Ordinance #15, Series of 2022 – 470 Rio Grande Place, Theater Aspen, Minor Amendment to a Planned
Development Project Review Approval – Amy Simon, Planning Director & Alan Richman of Alan Richman
Planning Services, Inc.
Councilor Richards motioned to read Ordinance #15, Series of 2022; Councilor Doyle seconded. Roll call
vote: Doyle, yes; Mesirow, yes; Richard, yes; Torre, yes. 4-0, motion carried.
City Clerk, Nicole Henning, read Ordinance #15.
Ms. Simon said this is a straightforward request. We are asking to amend the approval of the current
cover over the theater tent. This has proved to have some downsides. It’s expensive to put up and take
down each year. She showed a rendering of a more permanent tent on screen and said it will release
Theatre Aspen from having to remove the roof each year. This new technology of the roof top will be ok
for snow loading. She read the conditions of approval. Mr. Richman said Theatre Aspen is comfortable
with all conditions. M. Simon said the public hearing will be August 9th.
Councilor Richards thinks this is an appropriate request and looks forward to the second reading. She
would like to take a look at the master plan. She doesn’t like the travel trailers.
Councilor Doyle supports this going forward but said this is another example of something intended to
be temporary or seasonal and will now be permanent. It’s concerning, but he’s supportive.
Councilor Mesirow said he is supportive. At first blush, it seems reasonable. Theatre in our park isn’t a
bad thing to be permanent. He’s curious if there may be long term programming in the future for
wintertime.
Mayor Torre said we have some meetings coming up to discuss that very thing. He is interested to see
some past invoicing. He has questions about the security of it in the wintertime and maybe there are
other wintertime uses.
Councilor Richards motioned to approve Ordinance #15, Series of 2022; Councilor Mesirow seconded.
Roll call vote: Doyle, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried.
Councilor Mesirow motioned to adjourn; Councilor Richards seconded.
Roll call vote: Doyle, yes; Mesirow, yes; Richards, yes; Torre, yes. 4-0, motion carried at 6:00 p.m.
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REGULAR MEETING ASPEN CITY COUNCIL JULY 26, 2022
_____________________________
Nicole Henning, City Clerk
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Page 1 of 3
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
THRU: Phillip Supino, Community Development Director
MEETING DATE: August 9, 2022
RE: Second Reading, Ordinance #15, Series of 2022, 470 Rio Grande Place,
Theater Aspen, Minor Amendment to a Planned Development Project
Review Approval, PUBLIC HEARING
APPLICANT:
Theatre Aspen
c/o Jed Bernstein, Producing
Director, authorized by the property
owner, the City of Aspen
REPRESENTATIVE:
Alan Richman,
Alan Richman Planning Services,
Inc.
LOCATION:
Lot 1, Rio Grande Subdivision
CURRENT AND PROPOSED
ZONING & USE
The subject property is located in the
Public (PUB) zone district with a
Planned Development (PD) overlay,
and is a municipal park. Theatre
Aspen leases a portion of the park for
their facility, located northeast of the
permanent restroom facilities. No
changes to use or zoning are
proposed in this application.
SUMMARY: In 2011, after many years of installing a summer only
tent, Theater Aspen was granted approval for a lobby and metal
framed auditorium structure to remain in place but unused in their off-
season, with the condition that the auditorium’s membrane roof and
walls be taken down from October to April to reduce perceived visual
impacts of a building in the park setting. 10 years later, and given the
construction of permanent bathrooms in the park, Theater Aspen
perceives removal of the roof to have minimal public benefit and a
number of negatives, and requests a Minor Planned Development
Amendment to delete this condition.
STAFF RECOMMENDATION: Staff recommends the City Council
approve the Minor Amendment to a Project Review approval as
proposed.
Figure 1. Location of Theater Aspen tent in Rio Grande Park.
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Page 2 of 3
BACKGROUND: Theater Aspen has been performing in Rio Grande Park since 1987, initially in a
summertime only “circus tent.” Based on 2011 and 2013 approvals, a lobby is now in place year round
and the auditorium is partially disassembled and screened. At the time this was required, the applicant did
not expect to be able to afford a roof membrane designed for snow loads, and decision-makers wanted to
minimize the impact of a building mass in the park. Since then, some circumstances have changed as the
permanent bathroom structures have been built, and technology to reinforce the roof for the winter has
become available. The applicant has estimated the cost to remove the roof and screen the remaining
elements to be $50,000 per year. Below is a photo of the existing winter condition, and a rendering of the
proposed winter condition
REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approval:
• Minor Amendment to Project Review Approval (Pursuant to Land Use Code Section 26.445.050):
An application requesting installation of a year-round roof and walls to the existing tent structure of
Theatre Aspen, which requires Review by the City Council. City Council is the final review body.
COUNCIL QUESTIONS FROM FIRST READING:
1. Please provide more information about the trailers that sit adjacent to the tent. In early 2011,
Theater Aspen held a worksession with City Council to discuss improvements to their summer only
structure. Staff was given direction to allow the tent that was in use at the time to be replaced with
the current metal framed tent, and to allow the facility to be supplemented with seasonal trailers to
be brought on site for stage production, backstage area and bathrooms for performers only. In late
2011/early 2012, the approval was expanded by Council approval to leave the lobby of the new
tent in place year round.
2. Is there documentation of the $50,000 annual cost to remove and reinstall the roof over the
tent? The applicant has provided a summary (below) of the costs, though as a courtesy to the
vendors, they would prefer not to share with the public the specific hourly rates being charged for
each of these tasks. Information will be provided to the City, if required.
EXISTING PROPOSED
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Page 3 of 3
3. Are there uses that would be appropriate if the roof is to remain in place year round? The
only additional use the applicant has indicated would be desired at this time is use of the theater
by school programs on the shoulders of Theater Aspen’s performance season. Currently, there is
nothing preventing this as Theater Aspen uses the site from Mid-May through September and no
limits have been placed on performances. The theater is not heated and there is no water or sewer
to the site, so use in colder months would be difficult without additional improvements.
STAFF COMMENTS AND RECOMMENDATION ON THE APPLICATION: The application is subject to
Minor Amendment of a Project Review Approval as it entails change from a seasonal structure to a year-
round structure. The applicant has provided a number of valid justifications for their request and indicates
that allowing more of the structure to remain year round reduces truck trips and impacts on the park site,
as well as providing maximum protection of the non-profit’s facility and financial asset that stay on site in
winter. The Community Development Department Staff recommends the City Council approve the
proposed year-round roof and wall installation finding that the review criteria are met, with the condition
that prior to any future replacement of the membrane, Council will review and approve the color selection
for best fit within the seasonal color changes in the park. In addition, this approval shall not allow any use
of the tent for any time or purpose beyond the theater season and winter storage occurring now, unless
Council wishes to amend this position based on the discussion at First Reading. The organization is
responsible for protecting pedestrians from snow-shedding, and for repairing any damage to the park
resulting from snow coming from the roof.
RECOMMENDED MOTION: “I move to adopt Ordinance #15, Series of 2022, for a Minor Amendment to
the Planned Development Project Review affecting Theater Aspen.”
CITY MANAGER COMMENTS:
___________________________________________________________________________________
___________________________________________________________________________________
______________________________________________________________
ATTACHMENTS:
Ordinance #15, Series of 2022
Exhibit A – Minor Amendment to Project Review Approval Criteria
Exhibit B – Application
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505 Rio Grande Place, Theater Aspen Minor PD Amendment
Ordinance #15, Series 2022
1
ORDINANCE #15
(SERIES OF 2022)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING A MINOR
AMENDMENT TO A PLANNED DEVELOPMENT PROJECT REVIEW APPROVAL
FOR THE THEATER ASPEN FACILITY LOCATED AT 470 RIO GRANDE PLACE,
LOT 1, RIO GRANDE SUBDIVISION, CITY OF ASPEN, COLORADO
PARCEL ID: 2737-073-06-851
WHEREAS, the Community Development Department received an application from Theater
Aspen, 110 E. Hallam, Suite 126, Aspen, CO 81611, requesting a Minor Amendment to the
Planned Development approval for their facility in Rio Grande Park. The request was amendment
to a condition of approval stated in Ordinance #38, Series of 2011 that requires seasonal removal
of the membrane roof and walls on the theater structure from October to April; and
WHEREAS, this property is located in the Public (PUB) zone district, with a Planned
Development Overlay, and is owned by the City of Aspen and leased to Theater Aspen. The City
of Aspen authorized the submittal of this application; and,
WHEREAS, the Community Development Department referred the application to the City
Engineering and City Parks Departments for comments, performed an analysis of the application
and found that the review standards are met, with conditions; and
WHEREAS, City Council reviewed and considered the development proposal under the relevant
provisions of the Municipal Code as identified herein, reviewed and considered the recommendations
of the Community Development Director and the referral agencies, and took and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Minor Planned Development Amendment to a Project Review Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to leave all roof and walls in place at the Theater Aspen facility in Rio Grande Park year-
round is approved with the following conditions:
1. Prior to any future replacement of the membrane roof and walls, Council will review and
approve the color selection for best fit within the seasonal color changes in the park.
2. This approval shall not allow any use of the tent for any time or purpose beyond the theater
season and winter storage occurring now.
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505 Rio Grande Place, Theater Aspen Minor PD Amendment
Ordinance #15, Series 2022
2
3. The roof shall be kept in good repair at all times.
4. Theater Aspen shall be solely responsible for ensuring public safety related to snow
shedding from roof, and shall install and maintain warning/hazard signs, to be approved by
the City of Aspen Parks Department.
5. Any damage to the surrounding area from snow shedding, including damage to trees,
shrubs, irrigation or turf, is required to be repaired by Theater Aspen, at its sole cost and
expense, as soon as practical, after approval from the City of Aspen Parks Department.
Section 2:
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 Community Development Department or the Aspen 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 other specific conditions or an authorized authority.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of July, 2022.
Attest: Approved as to content:
_______________________________ ___________________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed and approved this 9th day of August, 2022.
Approved as to form: Approved as to content:
_______________________________ ___________________________________
Jim True, City Attorney Torre, Mayor
Attest:
_______________________________
Nicole Henning, City Clerk
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EXHIBIT A
PLANNED DEVELOPMENT PROJECT REVIEW
Minor Amendment to a Project Review approval. An amendment found by the Community
Development Director to be generally consistent with the allowances and limitations of a Project
Review approval or which otherwise represents an insubstantial change but which does not meet
the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the City Council.
26.445.050. Project Review Standards.
The Project Review shall focus on the general concept for the development and shall outline any
dimensional requirements that vary from those allowed in the underlying zone district. The burden
shall rest upon an applicant to show the reasonableness of the development application and its
conformity to the standards and procedures of this Chapter and this Title. The underlying zone
district designation shall be used as a guide, but not an absolute limitation, to the dimensions
which may be considered during the development review process. Any dimensional variations
allowed shall be specified in the ordinance granting Project Approval. In the review of a
development application for a Project Review, the Planning and Zoning Commission or the
Historic Preservation Commission, as applicable, and City Council shall consider the following:
A. Compliance with Adopted Regulatory Plans. The proposed development complies
with applicable adopted regulatory plans.
Staff Finding: The Theatre Aspen facility is part of the Rio Grande Subdivision, which received
its rezoning in 1977 under Ordinance #54. A 1993 Master Plan provided guidance for future
improvements. Theatre Aspen’s status as a welcome presence in the park was reinforced by
additional Council approvals granted in 1995, and in 2011 the organization received approval to
construct a permanent lobby, though the auditorium space continued to require a level of annual
deconstruction. In 2013, this condition was amended to allow sections of walls to remain in place
year round.
The applicant is in compliance with adopted regulatory plans. They request deletion of all
requirements to disassemble the roofs and walls of the tent each year for a number of reasons,
including changed conditions in the park, changed technologies allowing the roof to support winter
snow load, a desire to reduce the costs and vehicle trips needed to take down and and put up the
materials twice a year, and reduction of wear and tear on the interior of the auditorium space as
a result of it being open to the elements when the roof is off.
No dimensional or use changes are proposed as a part of this request. Staff finds this criterion to
be met.
Please note, as a condition of approval for the permanent lobby structure via Ordinance #38,
Series of 2011, Theatre Aspen was required to participate in an employee audit to demonstrate if
any additional employees resulted from the approval of the lobby. Arguably, additional employees
generated from staffing the lobby space would be subject to discussion of affordable housing
mitigation. Neither the applicant nor Staff can find evidence that such an audit was conducted.
For this application, Theater Aspen was required to provide a baseline of employees generated
by Theatre Aspen during a typical season. Staff suggests the information be accepted as the
documentation that was previously requested. The applicant represents that the lobby has always
been staffed by employees covering multiple functions, and no additional employees were hired
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solely for this purpose. A condition is included in this approval to note that it shall not allow any
use of the tent for any time or purpose beyond the theater season and winter storage occurring
now, in part to ensure no increase in operations or employees for Theater Aspen.
B. Development Suitability. The proposed Planned Development prohibits development
on land unsuitable for development because of natural or man-made hazards affecting the
property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep,
rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas,
slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm
the health, safety, or welfare of the community. Affected areas may be accepted as suitable for
development if adequate mitigation techniques acceptable to the City Engineer are proposed in
compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation
techniques may be accepted for this standard. The City Engineer may require specific designs,
mitigation techniques, and implementation timelines be defined as part of the Detailed Review
and documented within a Development Agreement.
Staff Finding: This standard is not applicable. No new buildings or site grading are proposed.
C. Site Planning. The site plan is compatible with the context and visual character of the
area. In meeting this standard, the following criteria shall be used:
1. The site plan responds to the site’s natural characteristics and physical constraints such
as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows
development to blend in with or enhance said features.
2. The project preserves important geologic features, mature vegetation, and structures or
features of the site that have historic, cultural, visual, or ecological importance or
contribute to the identity of the town.
3. Buildings are oriented to public streets and are sited to reflect the neighborhood context.
Buildings and access ways are arranged to allow effective emergency, maintenance, and
service vehicle access.
Staff Finding: These standards are not applicable. No new buildings are proposed.
D. Dimensions. All dimensions, including density, mass, and height shall be established
during the Project Review. A development application may request variations to any dimensional
requirement of this Title. In meeting this standard, consideration shall be given to the following
criteria:
1. There exists a significant community goal to be achieved through such variations.
2. The proposed dimensions represent a character suitable for and indicative of the primary
uses of the project.
3. The project is compatible with or enhances the cohesiveness or distinctive identity of the
neighborhood and surrounding development patterns, including the scale and massing of
nearby historical or cultural resources.
4. The number of off-street parking spaces shall be established based on the probable
number of cars to be operated by those using the proposed development and the nature
of the proposed uses. The availability of public transit and other transportation facilities,
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including those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development, and the potential for joint use of
common parking may be considered when establishing a parking requirement.
5. The Project Review approval, at City Council’s discretion, may include specific allowances
for dimensional flexibility between Project Review and Detailed Review. Changes shall
be subject to the amendment procedures of Section 26.445.110 – Amendments.
Staff Finding: These standards are not applicable. There are no changes to dimensions of the
existing structure.
E. Design Standards. The design of the proposed development is compatible with the
context and visual character of the area. In meeting this standard, the following criteria shall be
used:
1. The design complies with applicable design standards, including those outlined in Chapter
26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards,
and Chapter 26.415, Historic Preservation.
Staff Finding: This standard is not applicable. The design standards do not adequately address
a tent, and the existing building is not being changed.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Exterior materials are
finalized during Detailed Review, but review boards may set forth certain expectations or
conditions related to architectural character and exterior materials during Project Review.
Staff Finding: The applicant proposes to keep the roof and walls in place year-round, rather than
removing them seasonally. The applicant proposes to internally reinforce the tent-canvas roof
material to handle winter snow loads. The proposed tent-canvas material is consistent with
previous approvals for the facility and will continue the same character and architectural character
of the structure.
The 1995 approval of the tent structure in Ordinance No. 24 (Series of 1995) included the
condition to seasonally remove the walls and roof of the structure as a measure to reduce the
visual impact of the tent. Since the adoption of Ordinance No. 38 (Series of 2011) and Resolution
No. 47 (Series of 2013), some year-round features of the tent have been left in place, including
maintaining the tent walls and a permanent lobby. The permanent restroom facility in the Rio
Grande Park was constructed, blocking some views towards the tent. Conditions in the park have
changed sufficiently to justify leaving the roof up, and numerous downsides to its disassembly
have been identified. That said, staff does recommend that if the tent membrane is replaced in
the future, review of color selection by City Council is required. While the white tent has limited
visual impact in the winter (when the roof is currently being required to be removed), in the
summer it is a notable structure. More balance might be struck to suit the natural environment
across the seasons. This was clearly the intent of the bathroom building and the tent should be
held to a similar standard. Staff finds this criterion to be met with a condition of approval.
F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle,
and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities
and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or
proposed pedestrian, bicycle, and transit facilities. The City may require specific designs,
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mitigation techniques, and implementation timelines be defined as part of the Detailed Review
and documented within a Development Agreement.
Staff Finding: This standard is not applicable.
G. Engineering Design Standards. There has been accurate identification of engineering
design and mitigation techniques necessary for development of the project to comply with the
applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City
of Aspen Urban Runoff Management Plan (URMP) and Water Efficient Landscape Ordinance.
The City Engineer may require specific designs, mitigation techniques, and implementation
timelines be defined and documented within a Development Agreement.
Staff Finding: The City Engineering Department had no comments or conditions for this
proposal. Staff finds this criterion is met.
H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade
public infrastructure and facilities necessary to serve the project. Improvements shall be at the
sole costs of the developer. The City Engineer may require specific designs, mitigation
techniques, and implementation timelines be defined as part of the Detailed Review and
documented within a Development Agreement.
Staff Finding: The City Park’s Department provided referral comments for this review and
recommended conditions of approval related to ensuring public safety and preservation of public
property as a result of any snow shedding from the roof. These are incorporated as conditions of
approval in the ordinance. Staff finds this criterion to be met with conditions.
I. Access and Circulation. The proposed development shall have perpetual unobstructed
legal vehicular access to a public way. A proposed Planned Development shall not eliminate or
obstruct legal access from a public way to an adjacent property. All streets in a Planned
Development retained under private ownership shall be dedicated to public use to ensure
adequate public and emergency access. Security/privacy gates across access points and
driveways are prohibited.
Staff Finding: No changes to access and circulation are proposed. This standard is not
applicable.
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March 31, 2022
Phillip Supino
City of Aspen Community Development
427 Rio Grande Place
Aspen, CO 81611
RE: Theatre Aspen/Minor PD Amendment Application
Dear Mr. Supino:
I am an attorney licensed to practice law in the State of Colorado and presently serve as
the City Attorney for the City of Aspen. In this capacity I have examined the ownership and
control of the property located in the City of Aspen and known as Lot 1, Rio Grande
Subdivision, also known as 505 Rio Grande Place.
I can hereby confirm that the City of Aspen is the owner of the property and has complete
authority to take action for the development and reconstruction on the property. The property is
not encumbered in any manner affecting the use of the property for the construction and
maintenance of the redevelopment that is proposed in the Theatre Aspen’s Minor PD
Amendment. Further, the City of Aspen authorizes Theatre Aspen and its designated
representatives to pursue the proposed Minor PD Amendment through the City of Aspen’s land
use process.
If you need anything further, please advise.
Thank you.
Sincerely,
_[Copy: Original signed by James R. True]____
James R. True
City Attorney
125
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Pitkin County Mailing List of 300 Feet Radius
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EQT ASPEN 18 TRUST
AMARILLO, TX 79109
3002 S LIPSCOMB
CALDWELL DAVID & OLGA
BEAUMONT, TX 77707
3455 POND CIR
COLORADO PROPERTIES LTD
SAN ANTONIO, TX 78207
1011 N FRIO ST 2ND FL
MALEK MARLENE REV TRUST
MC LEAN, VA 22101
1259 CREST LN
MOSCOE THOMAS D REV TRUST
KEY BISCAYNE, FL 33149
445 GRAND BAY DR #607
BELLA SUNRISE LLC
PALM BEACH, FL 33480
401 WORTH AVE #301
GALANTER YALE & ELYSE
ASPEN, CO 81611
101 N SPRING ST #3301
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
TGS LLC
ASPEN, CO 81612
PO BOX 1913
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
NGUYEN MICHAEL TAM
ASPEN, CO 81611
430 E HYMAN AVE
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
HODGSON PATRICIA H FAMILY TRUST
ASPEN, CO 81611
212 N MONARCH ST
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
MOUNTAIN VIEW INTEREST LLC
HOBE SOUND, FL 33455
410 SOUTH BEACH RD
FESUS FAMILY TRUST
ASPEN, CO 81612
PO BOX 9197
PEMBER WILLIS
ASPEN, CO 81611
412 N MILL ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
OP LLC
ASPEN, CO 81611
424 PARK CIR #6
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
BLEEKER MILL DEVELOPMENT LLC
ASPEN, CO 81611
330 E MAIN ST
PFEIFER ASPEN HOUSE TRUST
LITTLE ROCK, AR 72223
16300 CANTRELL RD
BECKWITH NATALIE B QPRT
MILWAUKEE, WI 53202
777 E WISCONSIN AVE
MASHATU LLC
ASPEN, CO 81611
258 ROARING FORK DR
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
A CONCEPT LLC
MENLO PARK, CA 94025
325 SHARON PARK DR #703
VAN DEUSEN LLC
ASPEN, CO 81611
233 N SPRING ST
HENRY WILLIAM STONE REV TRUST
RICHFIELD, OH 44286
3382 TURNBURY DR
130
GRW RIO GRANDE PROPERTY LLC
ENGLEWOOD, CO 801114156
11653 E BERRY AVE
FELDMAN LISA SUSAN NORMAN
BOCA RATON, FL 33434
4409 WOODFIELD BLVD
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
BULKELEY RICHARD C & JULIE J
ASPEN, CO 81611
600 E MAIN ST #401
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
390 N SPRING ST LLC
ASPEN, CO 81611
420 E MAIN ST #210
HUTCHESON LAURA TRUST
ASPEN, CO 816111028
1220 MOUNTAIN VIEW DR
NORTH MILL STREET LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
MARRIOTT FAMILY TRUST
ASPEN, CO 816111551
727 E BLEEKER ST
B&Z 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GIANTONIO NICOLE
ASPEN, CO 81611
110 E HALLAM #104
CALHOON THOMAS C
AUSTIN, TX 787013036
315 LAVACA ST
SUMNER VERONICA
ASPEN, CO 81611
101 N SPRING ST #3109
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
JQT ASPEN 18 TRUST
AMARILLO, TX 79109
3002 S LIPSCOMB
SATTLER SANDRA A
ASPEN, CO 81611
101 N SPRING ST #3204
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
BANKERS MORTGAGE CORP
GRAND JUNCTION, CO 81501
1616 ORCHARD AVE
ASPEN LEGACY LLC
FOXFIELD, CO 80016
17740 E HINSDALE AVE
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
NUNEZ GIANNA
ASPEN, CO 81611
100 OBERMEYER PL #102
LONE PINE UNIT 10 LLC
BAY HARBOR ISLANDS, FL 33154
9501 W BROADVIEW DR
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
UNIT 106 OP LLC
BASALT, CO 81621
PO BOX 3742
OBP LLC
WOODY CREEK, CO 816560444
PO BOX 444
FARRELL ALISSA M & DAVID A
ASPEN, CO 81611
550 E MAIN ST #103
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
131
PAM LLC
ASPEN, CO 81612
PO BOX 4446
EISENSTAT MELISSA B
NEW YORK, NY 10128
1125 PARK AVE #6D
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
OBERMEYER 204 LLC
HOUSTON, TX 77019
2727 ALLEN PKWY STE1400
BLEEKER MILL DEVELOPMENT LLC
ASPEN, CO 81611
330 E MAIN ST
RIVER BLUFF TOWNHOME CONDO ASSOC
ASPEN, CO 81611
155 LONE PINE RD
UNIT 109 OP LLC
ASPEN, CO 81611
501 RIO GRANDE PL #107
HILL HOUSE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
655 GIBSON AVE
STERTZER ELIANE C
ASPEN , CO 81612
PO BOX 8677
TSE HOLDINGS LLC
ASPEN, CO 81611
601 RIO GRANDE PL #120
HAMAN MICHAEL
ASPEN, CO 81611
434 E MAIN ST #203
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
KALLENBERG JEFFREY D J & SANDRA L
SHREVEPORT, LA 71101
401 MARKET ST #500
GALENA PLAZA CONDO ASSOC
ASPEN, CO 81611
420 E MAIN ST
OBP LLC
WOODY CREEK, CO 816560444
PO BOX 444
KING KITTY LLC
ASPEN, CO 81611
434 E MAIN ST #101
MCNEILL AUSTIN J
ASPEN, CO 81611
100 OBERMEYER PL #102
LAMB DON REV TRUST
CHICAGO, IL 60637
1449 E 56TH ST
BEYER ALAN R
ASPEN, CO 81611
410 N MILL ST #B11
DIXIE DOG VENTURES LLC
ASPEN, CO 81611
1690 HOMESTAKE DR
PLETTS SARAH A
ASPEN, CO 81611
410-412 N MILL ST #B-12
201 N MILL ASSOCIATES LLC
ASPEN, CO 81611
730 E DURANT AVE #200
CRUMMER KLEIN TITLE TRUST
BEVERLY HILLS, CA 90210
1305 N BEVERLY DR
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
ASPEN MILL HOLDINGS II LLC
ASPEN, CO 81611
400 E MAIN ST
SHAPIRO FREDERIC M & SUSAN
ASPEN, CO 81611
101 N SPRING ST #3108
ABBOTT MICHAEL
WINTER PARK, FL 32789
700 N INTERLACHEN AVE
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
ROSENWASSER RONALD N
BOCA RATON, FL 33434
4409 WOODFIELD BLVD
132
KIMPLE 2004 TRUST
DALLAS, TX 75219
3505 TURTLE CREEK BLVD #PH20A
OBERMEYER PLACE RENTAL GRP LLC
ASPEN, CO 81611
115 AABC
VOLK EVERGREEN LLC
ASPEN, CO 816111468
730 BAY ST
WOLKE LAUREN B
TARZANA, CA 91356
4109 GREENBRIAR LN
PITKIN COUNTY CAPITAL LEASING CORP
ASPEN, CO 81611
530 E MAIN ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
JOSA LLC
ASPEN, CO 81611
601 RIO GRANDE #110
UNIT 410 LLC
ASPEN, CO 81611
323 W MAIN ST #301
ALTHOUSE PATRICIA ANNE
PINCKNEY, MI 48169
9655 LAKEVIEW DR
LONE PINE TOWNHOUSES CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
155 LONE PINE RD
BANK MIDWEST N A
KANSAS CITY, MO 64105
1111 MAIN ST #2800
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
HARKEY LAW FIRM PC
DALLAS, TX 75234
12200 STEMMONS
AARON ROGER S & VIRGINIA A
NEW YORK, NY 10075
885 PARK AVE #14A
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
PEATE BRADLEY
ASPEN, CO 816111518
101 N SPRING ST #3104
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
MASHATU LLC
ASPEN, CO 81611
258 ROARING FORK DR
NINFA LLC
FORT MYERS, FL 33902
PO BOX 2568
LEONARD FAMILY TRUST
SANTA BARBARA, CA 931081022
999 LA PAZ RD
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CHAFFEY DUAN
ASPEN, CO 81611
201 N MILL ST # 1A
SOUTHWEST JLK CORP
FORT WORTH, TX 761024116
301 COMMERCE ST #1600
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
426 EAST MAIN LLC
ASPEN, CO 81611
312 AABC STE D
HUNTER ALEXANDER
ASPEN, CO 81612
PO BOX 1638
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
SINTA SCOTT
ASPEN, CO 81612
PO BOX 2872
133
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
CALHOON THOMAS C
AUSTIN, TX 787013036
315 LAVACA ST
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
GREENBERG MARILYN FAMILY TRUST
ASPEN, CO 81611
112 N SPRING ST
COMMUNITY BANKS OF COLORADO
KANSAS CITY, MO 641052154
1111 MAIN ST #2800
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
HAUSER MARY JANE
WAYZATA, MN 55391
1540 BOHNS POINT RD
MILNE SHEILA
ASPEN, CO 81612
PO BOX 8286
MULLINS MARGARET ANN
ASPEN, CO 81611
216 W HYMAN AVE
DAO OANH KIM
ASPEN, CO 81611
430 E HYMAN AVE
RIVERS EDGE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
851 GIBSON AVE
WAGAR RICHARD H
ELK RAPIDS, MI 49629-9778
6718 W HARBOR DR
OP LLC
ASPEN, CO 81611
424 PARK CIR #6
DORAN RALPH C & ELIZABETH B
ATLANTA, GA 30305
2600 WOODWARD WAY
SMITH JAMES F & N LINDSAY
ASPEN, CO 81611
600 E MAIN ST #302
YOUNG COULTER BARRETT TRUST
WOODY CREEK, CO 81656
PO BOX 26
M & G CONDO ASSOC
ASPEN, CO 81611
426 E MAIN ST
POTVIN DALE A FAMILY BYPASS TRUST
ASPEN, CO 81611
155 LONE PINE RD C-2
MAYER PAULINE M FAM LTD PTNR LLLP
ASPEN, CO 81611
628 MCSKIMMING RD
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
TSE HOLDINGS LLC
ASPEN, CO 81611
601 RIO GRANDE PL #120
RIO GRANDE CONDO ASSOC
ASPEN, CO 81611
130 S GALENA ST
BELLA SUNRISE LLC
PALM BEACH, FL 33480
401 WORTH AVE #301
CREEKTREE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
727 E BLEEKER ST
NORTH MILL STREET LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
PROPERTIES MANAGEMENT LLC
SCOTTSDALE, AZ 85266
34522 N SCOTTSDALE RD #120648
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
134
YOUNG COULTER BARRETT TRUST
WOODY CREEK, CO 81656
PO BOX 26
SPEETJENS J KAREL & SUSAN B
ASPEN, CO 81611
101 N SPRING ST #304
600 EAST MAIN STREET LLC
WAYZATA, MN 55391
155 E LAKE ST
BORCHERTS ROBERT H REV TRUST
ANN ARBOR, MI 48104
1555 WASHTENAW
GOLDSTEIN GERALD H & CHRISTINE S
ASPEN, CO 81612
PO BOX 2045
DOCKEN ANDREW
ASPEN, CO 81611
101 N SPRING ST #106
WELSCH SUSAN F REVOC TRUST
ASPEN, CO 81611
101 N SPRING ST #201
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
JACKDOG LTD
HOUSTON, TX 77027
3900 ESSEX #101
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
SNOW OWL 33 TRUST
VAN NUYS, CA 91406
16217 KITTRIDGE ST
POWELL JAMES B & TRACEY L
ASPEN, CO 81611
501 RIO GRANDE PL # 203
KAPLAN & CO LLC
MIAMI BEACH, FL 33139
300 S POINTE DR # 1105
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
LARSON MARIA M
ASPEN, CO 81612
PO BOX 8207
OBERMEYER PLACE CONDO
ASPEN, CO 81611
COMMON AREA
210 N MILL ST #201
DAKOTA MEADOWS DUPLEX LLC
HOUSTON, TX 77007
55 WAUGH DR #1111
HODGSON PHILIP R
ASPEN, CO 81611
212 N MONARCH ST
B&Z 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
MILL STREET CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
RIO GRANDE PL
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
124 N SPRING LLC
NORTH MIAMI BEACH, FL 33160
4042 ISLAND ESTATES DR
HENDERSON BRIAN W 2012 TRUST
DELRAY BEACH, FL 33483
2530 AVE AU SOLEIL
NR HOLDING CO
CARSON CITY, NV 89701
580 MALLORY WY
KAWAII DOG LLC
ASPEN, CO 81611
729 E BLEEKER ST
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
CARVER RUTH A
ASPEN, CO 81611
116 S ASPEN ST
135
ASPEN SCHOOL DISTRICT #1
ASPEN, CO 81611
0235 HIGH SCHOOL RD
HEATH JESSE B JR & HETTA S
HOUSTON, TX 77056
5096 CEDAR CREEK DR
MCGOWIN FLORENCE M
MEMPHIS, TN 38117
4047 DUMAINE WAY
FRIEDSTEIN SHELDON TRUST
ASPEN, CO 81612
PO BOX 7917
601 RIO GRANDE #105 LLC
ASPEN, CO 81611
1230 SNOWBUNNY LN
WAGAR RICHARD H
ELK RAPIDS, MI 49629-9778
6718 W HARBOR DR
MOUNTAIN VIEW INTEREST LLC
HOBE SOUND, FL 33455
410 SOUTH BEACH RD
ANDERSON BENJAMIN S & TRACY F
ASPEN, CO 81611
550 E MAIN ST #104
Z&B 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
WOLKE LAUREN B
TARZANA, CA 91356
4109 GREENBRIAR LN
RIO GRANDE PLACE LLC
RENO, NV 89502
990 S ROCK BLVD #F
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
FRATERNAL ORDER OF EAGLES
ASPEN, CO 81611
700 E BLEEKER AVE
BIG BOY LLC
ASPEN, CO 81612
PO BOX 4737
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GRAHAM NARELDA
ASPEN, CO 81611
101 N SPRING ST #203
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
BLU VIC CONDO ASSOC
ASPEN, CO 81611
202 N MONARCH ST
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
MILL BUILDING CONDO ASSOC
ASPEN, CO 81611
201 N MILL ST
MAIN STREET LANDLORD LLC
ASPEN, CO 81611
312 AABC #D
WFP INC
ASPEN, CO 81612
PO BOX 4290
MCGAFFEY FAMILY & CO NO C LLC
SEATTLE, WA 98109
2465 NOB HILL AVE NORTH
RONICK MEL & RUTH TRUST
ASPEN, CO 81611
155 LONE PINE RD #4
BURCHAM JAMES G REV TRUST
KANSAS CITY, MO 64112
5011 SUNSET DR
POWELL JAMES B & TRACEY L
ASPEN, CO 81611
501 RIO GRANDE PL # 203
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
OBERMEYER PLACE RENTAL GRP LLC
ASPEN, CO 81611
115 AABC
KLEIN JAMES J & SALLIE R
ASPEN, CO 81612
PO BOX 12022
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
136
MOCKLIN PETER M REV TRUST
EAGLE, CO 816310261
PO BOX 261
COPPOCK RICHARD PAUL
ASPEN , CO 81611
600 E MAIN ST #407
Z&B 2010 REV TRUST
ASPEN, CO 81611
728 E FRANCIS ST
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
ICONIC PROPERTIES JEROME LLC
HOUSTON, TX 77077
1375 ENCLAVE PKWY
OBRIEN KEVIN & RHEY ANN
ASPEN, CO 81611
434 E MAIN ST #302
UNREGISTERED TRUST 6/16/1983
HONOLULU, HI 96822
3674 WOODLAWN TERRACE PL
RIVER PARK IN ASPEN CONDO ASSOC
BASALT , CO 81621
PO BOX 4100
MILL BUILDING ASSOCIATION INC
ASPEN, CO 81611
730 E DURANT AVE #200
KIRKBRIDE FAMILY TRUST
ENCINO, CA 91436
15951 VALLEY MEADOW PL
MILIAS ELIZABETH A
ASPEN, CO 81612
PO BOX 4662
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
HENDERSON JAMES C
GALENA, OH 43021
4880 HARLEM RD
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
MONARCH HOUSE LLC
MIAMI, FL 33130
120 SW 8TH ST
ASPEN MILL HOLDINGS II LLC
ASPEN, CO 81611
400 E MAIN ST
MACLEAN HANA
ASPEN, CO 81611
101 N SPRING ST #3107
LCC ASPEN HOLDINGS LLC
ASPEN, CO 81612
PO BOX 1550
TRIMAR LLC
GRAND JUNCTION, CO 81507
320 DAKOTA DR
HOROWITZ JAMES M
ASPEN, CO 81612
PO BOX 4605
RAMOS WALTHER JR & MARJORIE R REV LIV TRUST
BALA CYNWYD, PA 19004
133 TALL TREES DR
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
BROUGH STEVE & DEBORAH
ELKTON, OR 97436
2049 SCHAD RD
PEMBER WILLIS
ASPEN, CO 81611
412 N MILL ST
RIO GRANDE PARTNERS 88 LLC
JENKINTOWN , PA 19046
PO BOX 29
ARTIM LLC
NEW YORK, NY 10011
PO BOX 30106
LARK INGALIL E
ASPEN, CO 81612
PO BOX 404
CAVALIERI JOHN R TRUST
CORONA DEL MAR, CA 95625
3334 E COAST HWY #341
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
GOLDFEIN MICHAEL R TRUST
NORTHBROOK, IL 60062
1724 BRAESIDE LN
137
RAF PT ASPEN LLC
HOUSTON, TX 77023
10000 MEMORIAL DR #320
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
BASSI PETER & BARBARA FAMILY TRUST
NEWPORT COAST, CA 92657
18 CHANNEL VISTA
WOLKE LAUREN B TRUST #1
TARZANA, CA 91356
4109 GREENBRIAR LN
WOLKE LAUREN B TRUST #1
TARZANA, CA 91356
4109 GREENBRIAR LN
SKILOFT LLC
HOUSTON , TX 77046
11 GREENWAY PLAZA STE 2000
ARENELLA BETH & FRANK J III
ASPEN, CO 81611
100 OBERMEYER PL # 101
610 RIO GRANDE 110 ASSOC LLC
ASPEN, CO 81611
257 PARK AVE
PUPPY SMITH LLC
ASPEN, CO 81611
602 E COOPER #202
RIO GRANDE PLACE LLC
RENO, NV 89502
990 S ROCK BLVD #F
KLAWITER FAMILY TRUST
SNOWMASS VILLAGE, CO 81615
PO BOX 6759
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CROWN LAURIE J
ASPEN, CO 81611
414 N MILL ST
MAESTRANZI ALEXA LEE TRUST
PARK RIDGE, IL 60068
1736 PARK RIDGE PT
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
GOLDFEIN PAMELA J TRUST
NORTHBROOK, IL 60062
1724 BRAESIDE LN
214 WEST COOPER LLC
OKLAHOMA CITY, OK 73105
6 NE 63RD ST #220
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CJB REALTY INVESTORS LLC
NAPLES, FL 34108
9235 GULF SHORE DR #202
BORCHERTS HOLDE H REV TRUST
ANN ARBOR, MI 48104
1555 WASHTENAW
PARROTT LAURA
TULSA, OK 74106
3126 S ROCKFORD DR
SHORT DIANA & CAMERON
ASPEN, CO 81611
201 N MILL ST #2C
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CONCEPT 600 CONDO ASSOC
ASPEN, CO 81611
600 E MAIN ST
RESIDENCES AT THE LITTLE NELL CONDO ASSOC INC
ASPEN, CO 81611
501 E DEAN ST
LAZAR FAMILY TRUST
ENCINO, CA 91316
5342 ALDEA AVE
HAUSER MARY JANE
WAYZATA, MN 55391
1540 BOHNS POINT RD
ASPEN MILL HOLDINGS LLC
ASPEN, CO 81611
400 E MAIN ST #2
138
BALLINGER ELIZABETH F
ASPEN, CO 81611
102 FOUNDERS PL #102
CURET JORDAN
ASPEN, CO 81611
101 N SPRING ST #205
QUAIL ROOST REALTY MGMT LLC
DENVER, CO 80203
400 E 3RD AVE PH1701
G & G CORPORATE OFFICES LLC
GLENWOOD SPGS, CO 81601
2520 S GRAND AV # 114
AVALANCHE EAGLE PINES LLC
MANHASSET, NY 11030
24 MIDDLE DR
412 ROBINSMITH LLC
ASPEN, CO 81612
PO BOX 8616
AJAX/COMET LLC
NEW YORK, NY 10128
170 E END AVE PH2A
EMPHASYS SERVICES CO
MIAMI, FL 33129
1925 BRICKELL AVE BLDG D, PENTHSE 11
MAROLT ENTERPRISES LLC
ASPEN, CO 81612
PO BOX 8705
PARROTT SUSAN TRUST
TULSA, OK 74106
3126 S ROCKFORD DR
ELDEN GAIL TRUST
CHICAGO, IL 60614
2430 N LAKEVIEW AVE #11S
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
CAMPBELL JAMES D
ASPEN, CO 81612
PO BOX 404
GREENBERG FAMILY 2012 TRUST
ASPEN, CO 81611
112 N SPRING ST
DESOTO LINDA JANE LIVING TRUST
ASPEN, CO 81611
155 LONE PINE RD #9
METCO COLORADO LLC
HOUSTON, TX 77024
333 W LOOP NORTH 4TH FLR
HOLLAND AND HART
DENVER, CO 80201
PO BOX 8749
LANDIS CAROLYN
ASPEN, CO 81611
155 LONE PINE RD #C8
UNIT 117B LLC
ASPEN, CO 81612
PO BOX A3
ANDREWS MCFARLIN CONDO ASSOC
ASPEN, CO 81611
414 N MILL ST
GANT CONDOMINIUM ASSOCIATION INC
ASPEN, CO 81611
610 S WEST END ST
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
110 N SPRING ST LLC
TULSA , OK 74119
15 W 6TH ST #2400
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
SIPSEY CANDACE & LIAM
ASPEN, CO 81611
201 N MILL ST #2B
HOROWITZ JAMES M
ASPEN, CO 81611
110 E HALLAM #104
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
LAYNE MATTHEW & KRISTIN
ASPEN, CO 81611
201 NORTH MILL ST #2A
139
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
FRONTIER LLC
OMAHA, NE 681270395
PO BOX 27395
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
BOHNETT MARSHA ANN TRUST
HONOLULU, HI 96814
765 ANAMA ST #504
GWM PROPERTIES LLC
ASPEN, CO 81612
PO BOX 4146
311 ASPEN LLC
WILMINGTON, DE 19899
PO BOX 918
CARBONA CAPITAL LLC
ASPEN, CO 81611
235 PUPPY SMITH ST #1373
130 N SPRING STREET 10 LLC
EAST GREENWICH, RI 02818
PO BOX 70
UNIT 106 OP LLC
BASALT, CO 81621
PO BOX 3742
214 WEST COOPER LLC
OKLAHOMA CITY, OK 73105
6 NE 63RD ST #220
MADDEN WALTER ROSS
ASPEN, CO 81611
218 N MONARCH ST
BECKWITH DAVID E QPRT
MENLO PARK , CA 94025
85 GLORIA CIRCLE
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
550 EMPLOYEE HOUSING CONDO ASSOC INC
ASPEN, CO 81611
550 E MAIN ST
SHE SHED 44 LLC
ASPEN, CO 81611
355 SILVERLODE DR
VECTOR ENTERPRISES LLC
ASPEN, CO 81611
0490 ASPEN OAK DR
CONCEPT 600 LLC
TUCSON, AZ 85750
5048 CAMINO DEL LAZO
414 N MILL LLC
ASPEN, CO 81612
PO BOX 9060
NEWLON LLC
ASPEN, CO 81612
PO BOX 1863
MYRIN CUTHBERT L JR
ASPEN, CO 81612
PO BOX 12365
LANDIS JOSHUA B
ASPEN, CO 81611
434 E MAIN ST #101
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
GINSBERG JEROME D IRREV TRUST
NEW YORK, NY 10065
166 E 61ST #19F
SNOW OWL 33 TRUST
VAN NUYS, CA 91406
16217 KITTRIDGE ST
DCR FAMILY LP
DENVER, CO 802205846
125 IVY ST
DONAHUE ELIZABETH
ASPEN, CO 81611
102 FOUNDERS PL #2302
KUCK KATHERINE M
GALENA, OH 43021
4880 HARLEM RD
SEYFFERT STEVEN J
ASPEN, CO 81611
102 FOUNDERS PL #201
CHANDON LLC
ASPEN, CO 81611
625 E HYMAN AVE #201
140
CITY OF ASPEN
ASPEN, CO 81611
130 S GALENA ST
US POSTAL SERVICE
SAN BRUNO, CA 94099
WESTERN REGION
LITTLE RIVER HOUSE LLLP
DENVER, CO 80222
125 IVY ST
100 NORTH SPRING STREET LLC
DENVER , CO 80206
250 STEELE ST #375
REIDSCROFT PARTNERSHIP
ASPEN, CO 81612
PO BOX 10443
225 NORTH MILL ST LLC
NEW YORK, NY 10036
1530 BROADWAY 4TH FL
134 N SPRING STREET CONDO LLC
SARATOGA SPRINGS, NY 12866
PO BOX 321
WARK RICKEY E & CYNTHIA ANN
THE WOODLANDS, TX 773825304
3 DEVON MILL PL
LEBARRE FAM LLC
HOUSTON, TX 77063
7518 MIDDLEWOOD ST
JACKSON ASPEN PROPERTIES LLC
WOODY CREEK, CO 81656
PO BOX 419
ORTEGA G RICHARD
ASPEN, CO 81611
414 N MILL ST
LIPNICK FAMILY ASPEN LLC
WASHINGTON, DC 20006
1825 K ST NW #125
CREEKTREE CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
727 E BLEEKER ST
MARCHETTI FAMILY LLC
GLENVIEW, IL 60025
1526 FOREST DR
SMITH H W III
ASPEN, CO 816111486
102 FOUNDERS PL #2204
BEYER ALAN R
ASPEN, CO 81611
410 N MILL ST #B11
GIANTONIO NICOLE
ASPEN, CO 81612
PO BOX 4605
MOCKLIN MONICA M REV TRUST
ASPEN, CO 81612
PO BOX 807
ASPEN PARKING LLC
DALLAS, TX 75225
5956 SHERRY LN # 1500
HANDLEY DENNIS
ASPEN, CO 81611
102 FOUNDERS PL #202
ASPEN STREAM LLC
ASPEN, CO 81611
753 BAY ST
NGS LLC
ASPEN, CO 81611
101 FOUNDERS PL #109
135 MINERS TRAIL LLC
WESTPORT, CT 06880
8 WRIGHT ST
MURPHY GEORGE W
ASPEN, CO 81612
PO BOX 4146
TRUE ROMANCE LLC
ASPEN, CO 81611
701 GIBSON AVE #C
GENE MCCUTCHIN LTD II
DALLAS, TX 753802043
PO BOX 802043
JACKSON ASPEN PROPERTIES LLC
WOODY CREEK, CO 81656
PO BOX 419
MILLARD PARTNERS LTD
HOUSTON, TX 77027
3007 MID LN
QUITASOL JONATHAN C
ASPEN, CO 81612
PO BOX 9864
GANT CONDOMINIUM ASSOCIATION INC
ASPEN, CO 81611
610 S WEST END ST
141
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
GILKERSON LINDA REV TRUST
CHICAGO, IL 60637
1449 E 56TH ST
142
143
Page 1 of 3
TO:Mayor Torre and Aspen City Council
FROM:Phillip Supino, Community Development Director
James R. True, City Attorney
MEETING DATE: August 9, 2022
RE:Resolution #96, Series of 2022, 516 E Hyman Ave., Amendment to a
Growth Management Development Order,Change-in Use, and Expansion of
Commercial Development Review.
APPLICANT:
1235 East Cooper Avenue,
LLC; 516 E Hyman Ave., 2nd
floor; Aspen, CO 81611
REPRESENTATIVE:
n/a
LOCATION:
516 E Hyman Ave.
CURRENT AND
PROPOSED ZONING &
USE
The subject property is
located in the Commercial
Core (CC) zone district and
is a mixed-use building
containing commercial uses
and a 400 square foot deed
restricted residential unit.
SUMMARY:Transfer an
existing deed restriction from
a 400 sq. ft. studio unit at 516
E Hyman Ave., off-site to a
two-bedroom unit at 1235 E.
Cooper Ave., create 7
additional affordable housing
units for AH credits, and a
Change-in Use approval to
convert the 400 sq. ft. from
deed restricted residential to
commercial.
STAFF RECOMMENDATION: Staff recommends the City Council approve
the Amendment to a Growth Management Development Order and Change-
in Use as proposed.
Figure 1: Property Location
144
Resolution No. 096, Series of 2022
Page 2 of 3
BACKGROUND: The Aspen School District (ASD) and Mark Hunt approached the Community
Development Department and City Attorney’s Office about the need for affordable housing to
address the housing shortage impacting employers and community sustainability. The proposal
is for permanent deed restrictions to be placed on all eight condo units located at the Hunt-owned
Aspen Edge Condos at 1235 E. Cooper Ave. The parties negotiated the lease or sale of those
units to ASD, who would place APCHA-compliant tenants in the units as soon as possible. This
timing of this Council review, should the Resolution be approved, will facilitate the placement of
ASD staff into units at 1235 prior to the start of the 2022-2023 school year.
Approval of Resolution No. 096 would initiate a process by which one deed restricted AH unit,
currently located at 516 E. Hyman, would be vacated in exchange for the creation of eight new
AH units, 16 bedrooms, at 1235 E. Cooper. Certificates of Affordable Housing would be created
from the net of the seven new deed restrictions minus the mitigation required for changing the use
the space in 516 from AH Residential to Commercial. The Land Use mechanics required for this
application include administrative actions, with the amendment to the 516 deed restriction
requiring Council approval. The approvals, described below, have been combined with Council
review of the amendment to the deed restriction for efficiency of process.
REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals:
Insubstantial Amendment to Growth Management Development Order (Pursuant to Land
Use Code Section 26.470.150.A): An application requesting to transfer a deed restriction
from a 400 sq. ft. studio unit to Unit #2 at 1235 E. Cooper Ave. This administrative review
has been combined with the other Council reviews and included in Resolution 096. City
Council is the final review authority.
Change-in Use (Pursuant to Land Use Code Section 26.470.100.A): Once the deed
restriction is transferred off-site, the space formerly occupied by the deed restricted studio
will be converted to a commercial use. This review is being combined with all other
requested reviews for efficiency. City Council is the final review authority.
Expansion or New Commercial Development (Pursuant to Land Use Code Section
26.470.100.E): Converting 400 sq. ft. from deed restricted residential to commercial use
requires compliance with the Growth Management chapter, including receiving commercial
allotments and the provision of affordable housing mitigation for the additional commercial
net leasable area created. This review is being combined with all other requested reviews
for efficiency. City Council is the final review authority.
STAFF COMMENTS AND RECOMMENDATION: In staff’s assessment, the benefits to the
community and APCHA system from this application are clear: the creation of seven new deed
restricted units, 14 bedrooms, in exchange for the relocation and expansion of an existing deed
restricted unit. Additional factors for Council consideration include:
The existing 516 deed restriction will expire under its current configuration.
The amendment to the current 516 deed restriction will result in a larger unit, albeit off-
instead of on-site.
145
Resolution No. 096, Series of 2022
Page 3 of 3
The creation of Certificates of Affordable Housing from the seven 1235 units may alleviate
the supply constraints currently undermining the efficacy of the Credits market.
APCHA provided referral comments, included as Exhibit B. APHCA staff support the proposal,
insofar as it creates more units in the system. While the units are below the minimum required
by APCHA Guidelines, staff determined that the quality of the units and amenities provided are
sufficient to warrant their acceptance.
Staff has included the Change-in-Use request in this procedure and the resolution to ensure clarity
for the applicant. Additionally, including the Change-in-Use in the resolution clearly ties-together
the interrelated matters of the amendment of the existing deed restriction, the recordation of new
deed restrictions, the creation of Credits, the resulting change in use, and the mitigation required
for that change in use. In this way, the Change-in-Use is a by product of Council action on the
deed restriction amendment, rather than a request to be considered in insolation.
The resolution and administrative approval documents have been crafted to ensure that, without
documentation of the benefit to the community of the new deed restrictions, the benefits to the
applicant of the amended deed restriction, Change-in-Use, and creation of credits cannot be
realized. As such, staff recommends Council approve Resolution No. 096.
CONCLUSION: The outcome of this request will be the creation of eight permanent, two-
bedroom, high quality affordable housing units in place of one impermanent, studio unit.
Community Development staff and the City Attorney have reviewed the application materials and
relevant Land Use Code requirements and feel confident in the benefits of the outcome and
protections to the public interest embedded in this Resolution and the approval documents.
RECOMMENDED MOTION:“I move to approve Resolution #096, Series of 2022, for an
Insubstantial Amendment to a Growth Management Development Order, Change-in Use, and
Expansion of Commercial Development approval for 516 E. Hyman Ave.”
CITY MANAGER COMMENTS:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
ATTACHMENTS:
Resolution #096, Series of 2022
Exhibit A – GMQS Review Criteria
Exhibit B – APCHA Referral Comments
146
A RESOLUTION OF THE CITY COUNCIL AMENDING THE RESTRICTIVE
COVENANT ASSOCIATED WITH THE AFFORDABLE HOUSING UNIT LOCATED
AT 516 E. HYMAN AVENUE, LEGALLY DESCRIBED AS PITKIN CENTER
SUBDIVISION, LOT 1, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
RESOLUTION NO. 096, SERIES OF 2022
PARCEL ID: 2737-182-15-001
WHEREAS,the applicant, Mark Hunt, dba 1235 E. Cooper Avenue, LLC and 516 E. Hyman
Avenue, LLC, submitted an application requesting an amendment to a restrictive covenant
agreement and Growth Management review for the mixed-use building located at 516 E. Hyman
Ave. The amendment would relocate the on-site deed restricted affordable housing unit from 516
E. Hyman Ave. to 1235 E. Cooper, which is to be voluntarily converted to affordable housing units
and Certificates of Affordable Housing; and
WHEREAS,the mixed-use building at 516 E. Hyman Ave. was granted development approval
via Resolution No. 06, Series of 1989, which included the mitigation of affordable housing
requirements through the deed restriction of an on-site studio affordable housing unit. That deed
restriction has a date specific expiration, which was common for deed restrictions at the time. The
expiration is in approximately seventeen years; and,
WHEREAS,subsequent to the development of the property and recordation of the deed
restriction, the presence of the unit in the Aspen-Pitkin County Housing Authority (APCHA)
system and its occupancy status became unclear. The applicant, Community Development
Department, and APCHA desire to clarify the affordable housing requirements for 516 E. Hyman
Ave. and make permanent a deed restriction for an affordable housing unit; and,
WHEREAS, Community Development Department staff reviewed the application for compliance
with the applicable review criteria, and found that the request requires an Insubstantial Amendment
to a Development Order for the relocation of the deed restricted unit, a Growth Management
review for a Change in Use, and an Administrative Review for the creation of Certificates of
Affordable Housing; and,
WHEREAS,Land Use Code section 26.304.060.b, permits the combined reviews for compliance
with elements of the Land Use Code where more than one development approval is sought
simultaneously. Reviews may be combined or modified whenever the Community Development
Director determines, in consultation with the applicant, that such combination or modification
would eliminate or reduce duplication and ensure economy of time, expense, and clarity. The
Insubstantial Growth Management and Change of Use reviews have been combined with this
amendment to the restrictive covenant agreement as provided in Land Use Code section
26.304.060.b; and,
WHEREAS, a Notice of Approval issued on August 9, 2022, by the Community Development
Department and recorded with the Pitkin County Clerk and Recorder, Reception No. __________,
demonstrates compliance with applicable sections of the Land Use Code for the issuance of
Certificates of Affordable Housing, Growth Management Insubstantial Review, and amendments
to the deed restriction agreement; and,
WHEREAS,the Community Development Department received comments from APCHA and
considered those comments in the recommendation to Council; and,147
2
WHEREAS,the amendment of the deed restriction agreement and creation of Certificates of
Affordable Housing, as described in the Notice of Approval, will facilitate the creation of needed
affordable housing units within the City per Aspen Area Community Plan Housing Policies IV.1,
IV.2, and IV.5, and the Affordable Housing Strategic Plan; and,
WHEREAS,the Community Development Director has reviewed the application and
recommends Council approve the request with the conditions described herein; and,
WHEREAS,City Council has reviewed and considered the recommendations of the Community
Development Director at a regular meeting on August 9, 2022; and,
WHEREAS,City Council finds that this resolution furthers and is necessary for the promotion of
public health, safety, and welfare; and,
NOW, THEREFORE, BE IT RESOLVED:
Section 1:
City Council approves the amendment to the Occupancy Deed Restriction and Agreement
relocating the affordable housing unit, required for affordable housing mitigation from the
development of 516 E. Hyman, as described in Resolution No. 06, Series of 1989. The amended
deed restriction agreement shall list 1235 E. Cooper Ave., Unit 2, as the location of the affordable
housing unit required in Resolution No. 06, Series of 1989. The studio affordable housing unit
located at 516 E. Hyman and described in the “Occupancy Deed Restriction and Agreement”,
Reception #309696, shall be abandoned and the use changed to Commercial. The establishment
of a new free-market residential use at 516 E. Hyman Ave. is prohibited under current Land Use
Code regulations. Future uses and developments shall be subject to Land Use Code requirements
in place at the time of application submission.
Section 2.
The deed restriction agreement amendment authorized through this resolution is conditioned upon
compliance with the requirements of the Notice of Approval approved on August 9, 2022,recorded
at Reception No. __________. Failure to record the deed restrictions for 1235 E. Cooper St. Units
1-8 as described in the Notice of Approval by December 30, 2022, will void the deed restriction
agreement amendment authorized through this resolution, requiring the existing affordable
housing unit to remain in place at 516 E. Hyman Ave and be occupied pursuant to APCHA
guidelines.
Approval of the change in use at 516 E. Hyman Ave. from affordable housing residential to
commercial is conditioned on all requirements in the Notice of Approval being met. The change
in use results in employee generation, as described in the Notice of Approval, mitigation of which
shall be provided through the extinguishment of certificates of affordable housing per the Notice
of Approval.
The amendment of the deed restriction agreement, relocating the 400 square foot studio affordable
housing unit to a two-bedroom unit (Unit #02) with a minimum size of 602 square feet, known as
1235 E. Cooper Ave, Unit 2, does not result in additional employee generation or mitigation. No
Certificates of Affordable Housing shall be created by the amendment of the deed restriction
148
3
agreement relocatingthe affordable housing unit from 516 E. Hyman Ave. to 1235 E. Cooper Ave.
Unit 2, and no new employee generation shall be required from this exchange.
Section 3.
City Council hereby authorizes the City Manager to execute such documents as are required to
complete the purposes of this Resolution, including the Amendment to the Occupancy Deed
Restriction and Agreement for 516 E. Hyman, subject to the approval of the City Manager and the
City Attorney.
Section 4.
This resolution and the amendments to the deed restriction associated with 516 E. Hyman Ave.,
as described in this resolution shall become effective upon the execution of a Notice of Approval,
and recordation of all appropriate documents with the Pitkin County Clerk and Recorder.
Section 5:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY THE CITY COUNCIL at its regular meeting on the 9
th of August 2022.
__________________________
Torre, Mayor
Approved as to form:
_________________________________
James R. True, City Attorney
Attest:
_________________________________
Nicole Henning, City Clerk
149
Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 1
Section 26.470.080.General Review Standards.
All Planning and Zoning Commission and City Council applications for growth management
review shall comply with the following standards.
A.Sufficient Allotments:Sufficient growth management allotments are available to
accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications
for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required
to meet this standard for the growth management years from which the allotments are
requested.
Staff Response: There are 33,000 square feet of commercial net leasable allotments
available each year. The proposed Change-in Use is requesting 400 square feet of
commercial net leasable space and there are sufficient 2022 commercial allotments
available. Staff finds this criterion to be met.
B.Development Conformance:The proposed development conforms to the requirements and
limitations of this Title, of the zone district or a site-specific development plan, any adopted
regulatory master plan, as well as any previous approvals, including the Conceptual Historic
Preservation Commission approval, the Conceptual Commercial Design Review approval and
the Planned Development – Project Review approval, as applicable.
Staff Response: The amended Growth Management Development order request to
relocate a deed restricted studio unit to 1235 E Cooper, the change in use, and the
additional 400 sq. ft. of commercial space all comply with the requirements of this title.
No development is proposed as part of this request, Staff finds this criterion to be met.
C.Public Infrastructure and Facilities. The proposed development shall upgrade public
infrastructure and facilities necessary to serve the project. Improvements shall be at the sole
costs of the developer. Public infrastructure includes, but is not limited to, water supply,
sewage treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking and road and transit services.
Staff Response: No development is proposed as part of this request, staff finds this
criterion to be not applicable.
D.Affordable Housing Mitigation.
1) For commercial development, sixty-five percent (65%) of the employees generated by the
additional commercial net leasable space, according to Section 26.470.050.B, Employee
generation rates, shall be mitigated through the provision of affordable housing.
150
Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 2
Staff Response: The affordable housing mitigation requirements for the 400 sq. ft.
of commercial space that results from the change in use results in the following
affordable housing mitigation requirements:
Commercial Generation Rate = 4.7 FTEs/1000 SF
4.7/1000 = .0047 X 400 Sq. Ft.= 1.88 FTEs X .65=1.22 FTEs
1.22 FTEs X 25% reduction for upper-level commercial space = .92 FTEs (Category 2)
2) For lodge development, sixty-five percent (65%) of the employees generated by the
additional lodge pillows, according to Section 26.470.050.B, Employee generation rates,
shall be mitigated through the provision of affordable housing. For the redevelopment or
expansion of existing lodge uses, see section 26.470.100.G.
Staff Response: No lodge development is proposed, Staff finds this criterion to be
not applicable.
3) For the redevelopment of existing commercial net leasable space that did not previously
mitigate (see Section 26.470.100.E), the mitigation requirements for affordable housing
shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is
reached, as follows:
Staff Response: The 400 square feet of new commercial space was previously deed
restricted affordable housing; Staff finds this section to be not applicable.
4) Unless otherwise exempted in this chapter, when a change in use between
development categories is proposed, the employee mitigation shall be based on the
use the development is converting to. For instance, if a commercial space is being
converted to lodge units, the mitigation shall be based on the requirements for lodge
space, outlined in subsection 2, above. Conversely, if lodge units are being converted
to commercial space, the mitigation shall be based on the requirements for commercial
space, outlined in subsections 1 and 3, above.
Staff Response: The affordable housing mitigation requirements for the 400 sq. ft.
of commercial space that results from the change in use results in the following
affordable housing mitigation requirements:
Commercial Generation Rate = 4.7 FTEs/1000 SF
4.7/1000 = .0047 X 400 Sq. Ft.= 1.88 FTEs X .65=1.22 FTEs
1.22TEs X 25% reduction for upper-level commercial space = .92 FTEs (Category 2)
5) For new residential subdivisions, see sections 26.470.100.H and I.
151
Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 3
Staff Response: A new residential subdivision is not proposed, Staff finds this
criterion to be not applicable.
6) For new, redeveloped, or renovated single-family and duplex residential development,
or the affordable housing mitigation requirements are established by 26.470.090.A and
C.
Staff Response: No single family or duplex structures exist or are proposed, Staff
finds this criterion to be not applicable.
7) For the expansion of existing free-market multi-family units, affordable housing
mitigation requirements are established by 26.470.090.B.
Staff Response: No expansion of the multi-family units is proposed, Staff finds
this criterion to be not applicable.
8) For new free-market multi-family units, affordable housing mitigation requirements are
established by 26.470.090.F.
Staff Response: No new free-market multi-family units are proposed, Staff finds
this criterion to be not applicable.
9) For the demolition or redevelopment of existing multi-family residential development,
affordable housing mitigation requirements are established by 26.470.100.D.
Staff Response: Demolition is not proposed, Staff finds this criterion to be not
applicable.
10)For essential public facility development, mitigation shall be determined based on
Section 26.470.110.D.
Staff Response: Essential Public facility development is not proposed, Staff finds
this criterion to be not appliable.
11)For all affordable housing units that are being provided as mitigation pursuant to this
chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to
Chapter 26.540, or for any other reason:
i.The proposed units comply with the Aspen/Pitkin County Housing Authority
Employee Housing Regulations and Affordable Housing Development Policy, as
amended.
Staff Response: APCHA has provided a recommendation of approval and will
accept the units used for mitigation either for the amended 516 E Hyman Deed
152
Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 4
restricted unit and for the units used to create credits to be used as mitigation
for the change in use, Staff finds this criterion to be met.
ii.Required affordable housing may be provided through a mix of methods outlined in
this chapter, including newly built units, buy down units, certificates of affordable
housing credit, or cash-in-lieu.
Staff Response: Transferring the deed restriction from 516 E Hyman requires
affordable housing mitigation requirements that will be mitigated through the
permanent deed restriction of Unit 2 at 1235 E Cooper. Additional affordable
housing mitigation is required from the Change-in Use to a commercial use, and
that mitigation will be deducted from the total credits generated through the deed
restriction of the seven (7) remaining units at 1235 E. Cooper, Staff finds this
criterion to be met.
iii.Affordable housing that is in the form of newly built units or buy-down units shall be
located on the same parcel as the proposed development or located off-site within
the City limits. Units outside the City limits may be accepted as mitigation by the
City Council, pursuant to Section 26.470.110.B. When off-site units within City limits
are proposed, all requisite approvals shall be obtained prior to approval of the
growth management application.
Staff Response: The unit that is providing mitigation for transferring the deed
restriction from 516 E Hyman is unit 2 at 1235 E Cooper. This is within City limits,
and the review criteria have been met for all other reviews required by this action,
Staff finds this criterion to be met.
iv.Affordable housing mitigation in the form of a Certificate of Affordable Housing
Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section
26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the
calculations in Section 26.470.050.F, Employee/Square Footage Conversion.
Staff Response: Affordable housing mitigation resulting from the Change-in Use
will be mitigated using Certificates of Affordable Housing Credits generated from
deed restriction units 1, 2-8, Staff finds this criterion to be met.
v.If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu
payment may be made by right. If the total mitigation requirement for a project is
0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval,
pursuant to Section 26.470.110.C.
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Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 5
Staff Response: The mitigation for the amended deed restriction at 516 E Hyman
and the Change-in Use exceed the 0.1 FTE threshold, Staff finds this criterion to
be not applicable.
vi.Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D,
Affordable housing.
Staff Response: The affordable housing units are approved via newly adopted
section 26.470.090.D, Staff finds this criterion to be met.
vii.Each unit provided shall be designed such that the finished floor level of fifty percent
(50%) or more of the unit's net livable area is at or above natural or finished grade,
whichever is higher. This dimensional requirement may be varied through Special
Review, Pursuant to Chapter 26.430.
Staff Response: All 8 units are entirely above grade; Staff finds this criterion
to be met.
12)Affordable housing units that are being provided absent a requirement ("voluntary
units") may be deed-restricted at any level of affordability, including residential occupied
(RO).
Staff Response: All reviews included in the Council GMQS require affordable
housing mitigation, Staff finds this criterion to be not applicable.
13)Residential Mitigation Deferral Agreement For property owners qualified as a full-time
local working resident, an affordable housing mitigation Deferral Agreement may be
accepted by the City of Aspen subject to the Aspen/Pitkin County Housing Authority
Employee Housing Regulations. This allows deferral of the mitigation requirement for
residential development until such time as the property is no longer owned by a full-
time local working resident. Staff of the City of Aspen Community Development
Department and Staff of the Aspen/Pitkin County Housing Authority can assist with the
procedures and limitations of this option. The City Attorney and Community
Development Director shall prescribe the form to be used for a Deferral Agreement. A
copy of the Deferral Agreement form is on file with the City of Aspen Community
Development Department.
The required mitigation shall be calculated to the FTE and then multiplied by the
codified Fee-in-Lieu at the time of building permit submission. This amount will be
identified in the Deferral Agreement. Following the establishment of the initial mitigation
requirement in the Deferral Agreement, the amount of mitigation initially identified shall
increase annually by the CPI for each year that the Deferral Agreement is in effect until
such time that the Deferral Agreement is terminated following sale to a non-resident.
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Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 6
The term “CPI” shall mean the Consumer Price Index for All Urban Consumers (CPI-
U) for the U.S. City Average for All Items, not seasonally adjusted, 1984=100 reference
base; published by the United States Department of Labor, Bureau of Labor Statistics.
The calculation of the value of the mitigation required at the time of the termination of
the Deferral Agreement may be completed using a commonly available calculator that
aggregates the CPI over time. The term of the calculation shall be the month of the
initial execution of the Deferral Agreement and the most recent index month available
at the time of release of the Deferral Agreement. The provision describing this regular
annual increase shall be described in the Deferral Agreement. The Deferral Agreement
shall be recorded prior to the issuance of a Certificate of Occupancy or Letter of
Completion.
Should a property with a Deferral Agreement in place be sold to a qualified resident, a
new Deferral Agreement shall be established, identifying the initial mitigation
requirement, and an inclusion of the continued annual increases that will continue to
accrue from the date of initiation of the original deferral agreement. The initiation date
of the original deferral agreement shall be identified in the new deferral agreement.
Deferral Agreements initiated prior to July 28, 2022, shall remain in effect and are not
subject to the stipulations described in the paragraphs above. If desired, the parties to
a previously established deferral agreement may, at their discretion, enter into a new
deferral agreement that that updates the terms to be consistent with the provisions
identified above.
Staff Response: A employee deferral agreement is not requested, Staff finds this
criterion to be not applicable.
Section 26.470.100
A. Change in use. A change in use of an existing property, structure or portions of an existing
structure between the development categories identified in Section 26.470.020
(irrespective of direction), for which a certificate of occupancy has been issued and which
is intended to be reused, shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the general requirements outlined in Section
26.470.080. No more than one (1) free-market residential unit may be created through the
change-in-use.
Staff Response: A 400 square foot deed restricted unit is proposed to be transferred
to 1235 E. Cooper Ave. The unit will be converted to commercial use. The Change-
in Use review is being combined with the City Council Substantial Amendment to a
Growth Management Development Order review for efficiency per Section
26.340.070. All General Review standards have been met, Staff finds this criterion to
be met.
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Exhibit A
Chapter 26.470
Growth Management Quota System (GMQS)
City of Aspen Land Use Code
Part 400 – GMQS
Page 7
E. Expansion or new commercial development. The expansion of an existing commercial
building or commercial portion of a mixed-use building or the development of a new
commercial building or commercial portion of a mixed-use building shall be approved,
approved with conditions or denied by the Planning and Zoning Commission based on
general requirements outlined in Section 26.470.080.
Staff Response: 516 E Hyman contains existing commercial space. The total
commercial net leasable space will increase by 400 square feet with the requested
Change-in Use. Affordable housing mitigation requirements are outlined in Staff’s
response to Section 26.470.080. Staff finds this criterion to be met.
Section 26.470.150.Amendment of a growth management development order.
A. Substantial amendment. All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided that
the amendment application is submitted prior to the expiration of vested rights. Amendment
applications requiring additional allotments or allotments for different uses shall obtain those
allotments pursuant to the procedures of this Chapter. Any new allotments shall be deducted
from the growth management year in which the amendment is submitted.
Staff Response: A Growth Management approval was issued by City Council via
Resolution 06 of 1989 granting approval for 1,471 square feet of commercial space. The
affordable housing mitigation provided for the commercial space was an on-site 400
sq. ft. studio apartment. The applicant is requesting to transfer the deed restricted unit
offsite to 1235 E Cooper. Unit 2 at 1235 E. Cooper will be used as off-site mitigation for
the Affordable housing of 516 E Hyman. All new allotments are discussed in Staff’s
response to Section 26.470.080, Section 26.470.100.A, and Section 26.470.100.E. Staff
finds all relevant review criteria for the request to be met, and therefore, this criterion
to be met.
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1
LAND USE MEMORANDUM
TO:Garrett Larimer, Community Development Department
FROM:Cindy Christensen, Deputy Director -APCHA
DATE:July 28, 2022
RE:Aspen Edge Condos, 1235 E Cooper –AH Credit Project – LPA 21-114
PROJECT
The property is located at 1235 East Cooper and includes eight two-bedroom units. The applicant
has requested to move forward with the approval of the project for the use of the Affordable
Housing Credit program for seven of the units and mitigation for the deed restricted unit located at
516 E Hyman that is out of compliance and has not been used as required by its deed restriction.
RECOMMENDATIONS
Based on the conditions of approval stated in the Notice of Approval that will be reviewed by City
Council, APCHA would recommend approval of the use of seven of the units for the Affordable
Housing Credit Program and one of the units for the replacement of the deed restricted unit located
at 516 E Hyman. APCHA will provide the master deed restriction for signature and recording upon
approval. The deed restriction will require minimum occupancy of each unit.
157