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agenda.council.regular.20231010 (amended)
AGENDA CITY COUNCIL REGULAR MEETING October 10, 2023 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day VI.Consent Calendar VI.A Resolution #083, Series of 2023 - Contract #2023-157, Construction Manager as Advisor (CMa) for Lumberyard Affordable Housing Development Project Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/83105808598? pwd=ZaatI2DnbU4cqtDbE822YN5dCuIEPk.1 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 831 0580 8598 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kbDIm5rdEY (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) Consent Memo 10OCT2023 Lumberyard DPM CMa.pdf Resolution 083 of 2023.pdf 1 1 VI.B Resolution #128 Series 2023: Construction Inspection Services - Maroon Creek Multi Use Trail (TO BE CONTINUED TO OCTOBER 30, 2023) VI.C Resolution #133, Series of 2023 - Aspen Golf Club Restaurant Lease Renewal VI.D Resolution #144, Series of 2023 - PaybyPhone Professional Services Agreement VI.E Resolution #145, Series of 2023 - Approving an amendment of the declaration of covenants, conditions, and restriction for Iselin Park VI.F Resolution #146, Series of 2023 - Amendment #7 to Contract #2021-150 with Cushing Terrell, Additional Design Services for Lumberyard Affordable Housing Development Project VI.G Resolution #147, Series of 2023 - Purchase of 416 Pacific Avenue Unit #D VII.Notice of Call-Up VII.ANotice of Call Up: 820 E. Cooper Ave. - Conceptual Major Development, Temporary Relocation VIII.First Reading of Ordinances VIII.AOrdinance #18, Series 2023 | 1st Reading | St. Regis (315 E. Dean Street) | Minor Amendment to a Planned Development for Project Review | Commercial Design Exhibit A - PSA CoA-DPM Lumberyard 10-10-2023.pdf 128-2023_Construction_Inspection_Services-Maroon_Creek_Multi- Use_Trail_Memo.docx Red Mountain Grill_Council Memo9.26.23 (1)JP.docx Red Mountain Grill - Resolution #133 (Final).docx Final Red Mtn Grill Lease.pdf memo pbpcontract revision.docx resolution pbpcontract (2).docx PBP US_City of Aspen_Professional Services Agreement_20230907_PBP edits.pdf PBP US_ City of Aspen_Scope of Work_20230907.pdf 231010 Council Memo Iselin CCR's.docx Iselin - Council Reso #145 Iselin Covenants (Final).docx Iselin - Amendment to Declarations (Final).docx Consent Memo 10OCT2023 CTA Add Services #7.pdf Resolution 146 of 2023.pdf Exhibit A - Cushing Terrell Additional Services #7 Contract Amendment.pdf Council_Memo_for_Approval_of_416_D_Pacific_Ave._10.03.2023(1).docx Exhibit A - Contract to Purchase 416 D Pacific Ave.pdf Resolution.council.147.23.docx 820 E. Cooper.Notice of Call-up Memo.20231010.pdf Exhibit A_HPC Memo.20230913.pdf Exhibit B_HPC Approved Plans.pdf Exhibit C_Meeting Minutes 20230809 and 20230913.pdf Exhibit D_Resolution #11, Series 2023.pdf 2 2 Review | Growth Management Review IX.Public Hearings IX.A Ordinance #16, Series of 2023 - Building IQ Ordinance Amendments Second Reading X.Action Items XI.Executive Session XII.Adjournment Memo_St. Regis_PD Amendment.pdf Ordinance No. 18_Series of 2023_First Reading_St. Regis_PDS comments.pdf Exhibit A.1_Project Review_Staff Findings.pdf Exhibit A.2_Commercial Design Review.pdf Exhibit A.3_Growth Management Review_Staff Findings.pdf Exhibit B.1_Application.pdf Building IQ - Second Reading Memo.pdf Ordinance__16__2023_.docx Appendix A Building IQ Ordinance Amendments Memo First Reading 9.26.23.pdf Appendix B BPS Stakeholder Committee Roster.pdf Appendix C Comparison Matrix of U.S. Building Performance Standards.pdf Executive Session: Pursuant to C.R.S. Section 24-6-402 (4)(f) Personnel The specific item of discussion involves the following: City Manager Review 3 3 Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Development Project Manager THRU: Rob Schober, Capital Asset Director DATE OF MEMO: October 2, 2023 MEETING DATE: October 10, 2023 RE: Resolution #083 of 2023: Contract #2023-157, Construction Manager as Advisor (CMa) for Lumberyard Affordable Housing Development Project REQUEST OF COUNCIL: Staff is requesting approval of attached Resolution #083 of 2023 and associated Exhibit A contract between the City of Aspen and Dynamic Program Management as Construction Manager as Advisor (CMa) for the Lumberyard Affordable Housing Development Project. PREVIOUS COUNCIL ACTION: During the fall 2022 budget process, Aspen City Council approved the 2023 budget for ongoing design and engineering for the Lumberyard affordable housing project. On September 19, 2023, Aspen City Council approved the Lumberyard affordable housing project entitlements as defined in Ordinance 10 of 2023. BACKGROUND: Consistent with staff’s prior recommendations, at the budget work session on October 16, 2023, staff will be requesting $14,250,000 as the 2024 budget toward infrastructure construction for the Lumberyard affordable housing project. With the recent approval of project entitlements, staff is in the process of creating a detailed updated timeline for the project. Upcoming milestones to be included in the forthcoming timeline are as follows, although these are estimations at the moment: First Quarter 2024 • Recordation of approved PD Plan Set • Recordation of approved PD Development Agreement • Submit Demolition Permit Application • Submit Access/Infrastructure Permit Application • Release Demo/Infrastructure Construction Contractor RFP • Release Vertical Developer RFQ/P The amount of physical work which can be accomplished on the Lumberyard project site in 2024 is highly dependent upon the ability of the project team to reach the above milestones as efficiently as possible. In order to achieve the above listed milestones, the following work efforts will need to be undertaken by the project team: • Design Development (DD) documents for the Planned Development (PD) Plan Set • Drafting and vetting of the Planned Development (PD) Agreement • Design Development and Construction Documents for Access and Infrastructure Design • Construction Documents for Demolition and Recycling of Existing Site/Buildings 4 Page 2 of 3 These work tracks are highly technical in nature and are of relatively large scale. On large projects such as this, it is typical for the Capital Asset Department to hire a third party program manager to support the detailed coordination needed to pull together such a large effort. Since the third party program manager usually stays on to provide construction management services, these contracts are typically referred to as Construction Manager as Advisor (or CMa, also sometimes referred to as owner’s representative). DISCUSSION: Due to a significant need for enhanced project management resources to facilitate this Major Public Project, the City of Aspen issued RFP #2023-157 Construction Manager as Advisor (CMa) for the Lumberyard Affordable Housing Development Project and received proposals from the following firms: • Artaic Group (Artaic) ($145-$150 per hour, $13K-$14K per month) • Concept One Group (COG) ($75-$170 per hour, $19K-$24K per month) • Dynamic Program Management (DPM) ($125-$150 per hour, $17K-$23K per month) • K2 Construction Consultants (K2) ($132-$250 per hour, $20K-$40K per month) Staff evaluated the proposals based on the following selection criteria specified in the RFP: • Firm Capabilities & Experience • Project Approach & Scope Narrative • References • Fee Proposal Staff evaluation notes and recommendation are show below: • All bidders were considered qualified, although the K2 experience does not align well with the Lumberyard project. K2 has a lack of experience in the Roaring Fork Valley, and the hours proposed as part of the K2 fee proposal represents an outlier as compared to the field. As such, staff feels K2 does not understand the project needs as closely as the others in the field. For these reasons, and as the highest bidder, K2 was not interviewed as a finalist. • Staff interviewed Artaic, COG, and DPM as finalists in online conferences. Much of the staff proposed by both Artaic and DPM are former NV5 program managers, and staff have worked together with most of the staff proposed by both Artaic and DPM. Staff have had generally good experiences with staff proposed by both Artaic and DPM, and both firms have great references, which staff verified. Staff have also worked with most of the staff proposed by COG and likewise have had good experiences and good references. • The range of rates proposed by Artaic, COG and DPM are highly overlapping and are not a differentiating factor for selection. Artaic proposed the fewest hours per week/month, and staff ultimately determined that the project requires more attention than the hours proposed by Artaic. Additionally, staff are utilizing the same Artaic staff proposed on the Burlingame 3 project and want to prioritize attention on that project by Artaic. Staff are also currently utilizing services from COG on the City’s ‘Old Powerhouse’ remodel project and similarly want to prioritize attention on that project by COG. • Staff have worked with personnel proposed by DPM on prior City projects, such as the three PPP rental housing development projects which were implemented in 2019-2020. The DPM staff are highly qualified professional engineers with strong backgrounds in Civil Engineering. These qualifications are ideally suited for the Lumberyard infrastructure 5 Page 3 of 3 implementation project. And the hours and fees proposed by DPM are appropriate for the project. • Staff recommends selection and contract with Dynamic Program Management (DPM) and are looking forward to their contributions as a valuable resource for representing the City of Aspen’s best interests on the Lumberyard project. • Staff will provide project updates, including an updated project budget and timeline, as this work progresses. FINANCIAL/BUDGET IMPACTS: The fees proposed fit into the existing 2023 project budget. DPM fees shall not exceed $58,763 through the end of 2023. Staff intends to seek approval for a contract amendment in early 2024 to support 2024 services from DPM. RECOMMENDED ACTION: Staff recommends approval of attached Resolution #083 of 2023 and associated Exhibit A contract between the City of Aspen and Dynamic Program Management as Construction Manager as Advisor (CMa) for the Lumberyard Affordable Housing Development Project. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Contract between the City of Aspen and Dynamic Program Management as Construction Manager as Advisor (CMa) for the Lumberyard Affordable Housing Development Project. 6 RESOLUTION #083 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DYNAMIC PROGRAM MANAGEMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement between the City of Aspen and Dynamic Program Management, 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 the professional services agreement between the City of Aspen and Dynamic Program Management, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of October, 2023. 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 October 10, 2023. Nicole Henning, City Clerk 7 Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2023-157rev1 AGREEMENT made this 10th day of October, in the year 2023. BETWEEN the City: Contract Amount: T he City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: C olleen Kaneda Dynamic Program Management P.O. Box 726, Eagle, CO 81631 970.390.0312 Colleen.Kaneda@Dynamicpm.com For the Following Project: C ONSTRUCTION MANAGER AS ADVISOR (CMa) FOR LUMBERYARD AFFORDABLE HOUSING PROJECT Exhibits appended and made a part of this Agreement: If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: 10/10/2023 Resolution No.: 2023-083 Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: Not to Exceed $17,807 per month x 3 months = $53,421 + 10% reimbursable $5,342 Total Contract: $58,763 8 Agreement Professional Services Page 1 The City and Professional agree as set forth below. 1.Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. Initial scope of work shall include lump sum hours proposed for 2023. Additional services for 2024 and beyond may be added as approved written amendments to this contract. 2.Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3.Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Monthly billing shall be performed based on actual hours worked each month and shall not exceed the maximum number of hours defined in Exhibit B for any given year without an approved written amendment to this agreement. A maximum 5% administrative fee may be added to any reimbursable expenses submitted. 4.Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5.Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6.Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of 9 Agreement Professional Services Page 2 the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7.Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8.Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused by the negligent act, omission, error, professional error, or mistake of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. 9.Professional's Insurance. (a)Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b)Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any 10 Agreement Professional Services Page 3 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i)Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii)Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii)Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. (iv)Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. 11 Agreement Professional Services Page 4 (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10.City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11.Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12.Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14.Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 12 Agreement Professional Services Page 5 15.Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16.Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Professional who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: 1.Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2.Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. 13 Agreement Professional Services Page 6 Professional hereby confirms that: 1.Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2.Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3.Professional has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4.Professional shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 14 Agreement Professional Services Page 7 17.Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1.Cancel this Purchase Agreement without any liability by the City; 2.Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3.Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4.Recover such value from the offending parties. 18.Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19.General Terms. (a)It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b)If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 15 Agreement Professional Services Page 8 (c)The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d)This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21.Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22.Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23.Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 24.Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or 16 Agreement Professional Services Page 9 any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: [Signature] [Signature] By: By: ___ [Name] [Name] Title: Title: ___ Date: Date: ___ Approved as to Form: ____________________ City Attorney Colleen Kaneda Manager 10/2/2023 17 Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Initial Scope of Work Shall Include and may not be limited to the following: 18 Agreement Professional Services Page 11 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Initial Scope of Work Shall Include and may not be limited to the following: 19 Agreement Professional Services Page 12 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule 2023 October November December Not to Exceed $17,807 x 3 months = $53,421 + 10% reimbursables 20 MEMORANDUM TO: Mayor and City Council FROM: John Spiess, Open Space and Natural Resource Manager THROUGH:Matt Kuhn, Parks and Open Space Director Austin Weiss, Parks and Recreation Director MEMO DATE:October 2nd , 2023 MEETING DATE:October 10th , 2023 RE:Resolution #128Series 2023: Construction Inspection Services -Maroon Creek Multi Use Trail REQUEST TO CONTINUE: Below is the memo regarding this project. This matter was continued to October 10, 2023, to coincide with consideration of the related construction contract. The attorney’s office has requested additional time to complete the construction contract. Therefore, staff is requesting that Resolution #128 be continued to October 30, 2023. REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council approval for a contract between the City of Aspen and Phil Vaughan Construction Management Inc. for Construction Inspection Services on the Maroon Creek Multi-Use Trail project to be constructed in the summer of 2024. SUMMARY AND BACKGROUND: Parks and Open Space staff have been working on the design and permitting for a new multi-use trail that will connect the roundabout with the Aspen Recreation Center on the north and west side of Maroon Creek Road. This important new connection will improve the connectivity to the ARC, Aspen Highlands, and the Maroon Bells, whilst also reducing the complexity of traversing the community campus and inherently improving the safety of the school campus. Since early 2023 the City has been working with our design team, general contractor and owners rep to develop the final design for the Maroon Creek Multi-Use Trail. This work has moved the design and construction process forward in many important ways. In late August staffhave received the 100% Guaranteed Maximum Pricefor the trail construction which is scheduled to begin in the spring of 2024. The contract for the construction of the trail is being finalized, and will be presented to council later this fall as a consent agenda resolution. DISCUSSION: 21 The complexity of the new multi-use trail and our limited mountain construction season present significant challenges to the project for the summer of 2024. The construction of the trail will be complex in many ways including: excavation, grading and subgrade preparation, retaining wall construction, a pedestrianbridge underpass at the chapel, rotation of the ARC pedestrian bridge, vehicular and trail lighting, roadway drainage improvements and at grade pedestrian improvements. The project will have impacts to traffic on Maroon Creek Rd. as well impacts to existing trail infrastructure at the ARC. Preliminary scheduling indicates that the construction contractor will be running 3 separate crews simultaneously along the 1 mile project to meet the project schedule. To help ensure a high-quality productand timely execution of this project,the Parks Department has requested proposals for Construction Inspection Services for the Maroon Creek Multi-Use Trail. The role of this contractor is to ensure that all construction work is completed per the drawings and specifications and in a timely manner. To do this the construction inspection services contractor will be onsite 40 hours a week. During that time their role is to attend weekly site meetings, act as the onsite point of contact, evaluate materials and finished products, monitor traffic control systems, and monitor and inspect construction methods. This type of service is particularly important to a project of this nature which involves numerous subcontractors and impacts to the public. It is infeasible to provide in-house City staff with this specialized knowledge, and the available time commitment exceeds current capacity of parks and open space staff. The procurement office received two bids for Construction Inspection Services on the Maroon Creek Multi Use Trail. The proposed fees were very close and ultimately Phil Vaughan Construction Management Inc. was selected based on the experience of the onsite project manager. Phil has led many successful projects for the City overthe past years and we know that his experience will lead to a well-executed project. FINANCIAL IMPACTS: The contract between the City of Aspen and Phil Vaughan Construction Management Inc. is $187,540. The Maroon Creek Multi-Use Trail is included in the 2023 Parks (100) Fund Capital Project Budget, project 50964 Maroon Creek Road Trail. The total budget for the design and construction of the project is $4,250,00currently in 2023. The project budget will need to increase due to the anticipated costs of the construction project following reception of the Guaranteed Maximum Price. Staff are anticipating that hard construction costs for the trail will be around $5.9m, and this detailed budget is included in the memo for Resolution #143, Series 2023. Given the scale of this project, the proposed fees of $187,540 for the Construction Inspection Services provide a prudent control and oversight to the project. ENVIRONMENTAL IMPACTS: Trails provide important multi-modal transportation options. This trail is proposed to be constructed with a narrow footprint and will be built relatively close to the road to reduce impacts to adjacent land and open space. ALTERNATIVES:City Council can suggest re-negotiating the terms of the contract. 22 RECOMMENDATIONS:Staff recommend approval of the contract with Phil Vaughan Construction Management Inc. CITY MANAGER COMMENTS: 23 MEMORANDUM TO:Mayor and City Council FROM:Jim Pratt, Golf Manager THRU:Austin Weiss, Parks & Recreation Director DATE OF MEMO: October 2 nd, 2023 MEETING DATE:October 10th, 2023 RE:Resolution #133, Aspen Golf Club Restaurant Lease Renewal REQUEST OF COUNCIL: Golf Department staff are requesting approval on a five-year lease with the Red Mountain Grill (attachment A), to operate a year-round restaurant adjacent to the golf/Nordic pro shop. PREVIOUS COUNCIL ACTION: Council approved the Red Mountain Grill’s first lease agreement in March of 2008. Their current five-year lease was approved in 2014 and then extended for another five years in 2019. BACKGROUND: The Red Mountain Grill has been serving the Aspen community since 2008. The current operators have owned the food and beverage operations at the Aspen Golf and Nordic Center this entire time, as well as managed the operations under the previous ownership. They have continuously shown a willingness to work with the City of Aspen and provide an affordable and quality menu for all users of the facility. The new lease would provide the Red Mountain Grill with a new five-year lease with an optional additional five years should both parties agree to terms. DISCUSSION: The Red Mountain Grill, has successfully provided food services for many years at the Aspen Golf Club and Nordic Center. A thorough “Request For Proposal” (RFP) was performed this past spring, and even though the Red Mountain Grill was the only business that completed and submitted a proposal, they showed a thorough understanding of the community’s needs and the service levels required by the City for a successful operation. The Red Mountain Grill has showed that it understands what is expected of the food and beverage operations at the Aspen Golf Club and Nordic Center. They have a firm 24 understanding of both the summer and winter operations at the facility and do a great job working with golf and Nordic to provide an exceptional dining experience year-round. Public surveys, conducted through the golf operations, have shown over the years that the public supports the Red Mountain Grill as well as their service, menu, hours, and prices. Their willingness they have shown to update and renegotiate their lease shows commitment to work with the City of Aspen and a true desire to continue to provide high quality service to the community. We look forward to continuing this partnership with the Red Mountain Grill for the extended future. FINANCIAL/BUDGET IMPACTS: The new lease includes updated utility costs and transfers all maintenance and repair costs to the lease holder. The Gross Sales percentage will increase by 2% annually. With the increase in the base rent and the % of Gross Sales, the Golf Course fund will see an increase of approximately $49,522 annually. ENVIRONMENTAL IMPACTS: The Red Mountain Grill has continuously followed the direction of the City to ensure they meet or exceed all environmental protocol. RECOMMENDED ACTION: Staff recommends Council’s approval of the proposed five- year lease with the Red Mountain Grill. ALTERNATIVES: City Council could choose to not approve the lease with the Red Mountain Grill and direct staff to go back and seek additional proposals. This would likely create a gap in restaurant services while new proposals are requested and evaluated. PROPOSED MOTION:I move to approve Resolution #133 CITY MANAGER COMMENTS: ATTACHMENTS: A – Signed lease w/ Red Mountain Grill B – Resolution #133 25 RESOLUTION #133 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,APPROVING A LEASE AGREEMENTBETWEEN THE CITY OF ASPEN AND RED MOUNTAIN GRILL RESTAURANT LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Lease Agreement between the City of Aspen and Red Mountain Grill Restaurant LLC, 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 Lease Agreement for the Aspen Golf Club Restaurant between the City of Aspen and Red Mountain Grill Restaurant LLC, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said Lease Agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTEDby theCity Councilof theCity of Aspen on the 10 th day of October 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoingis a true and accurate copy of that resolutionadopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 10, 2023. Nicole Henning, City Clerk 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Pete Rice, P.E., Director of Transportation and Parking THROUGH:Scott Miller, Director of Public Works Tyler Christoff, PE, Assistant Director of Public Works MEETING DATE:October 10th, 2024 RE:Resolution 2023-144: Professional Services Agreement with PaybyPhone U.S., Inc. REQUEST OF COUNCIL: Staff is requesting approval of Resolution Number 144 of 2023, authorizing the City Manager to sign and execute the attached professional services agreement between the City of Aspen and PaybyPhone US Inc. for the continued paid parking app service that accounts for 65% City parking transactions. The attached agreement will not exceed $125,000 per year through 2028. SUMMARY AND BACKGROUND: The PayByPhone mobile app is part of Aspen’s customers focused service that provides an easy to use payment option. The program was implemented approximately 8 years ago and currently accounts for 65% of parking transactions. The application can easily be downloaded on the customers phone and allow easy transactions for paid parking. Approval of Resolution 2023-144 will allow our customers to utilize this popular service through 2028. DISCUSSION: The PayByPhone mobile app is currently operating in the City of Aspen for both the commercial core and residential zones. This technology has proven to be a reliable and popular service for customers. Used by cities nation-wide, many visitors will arrive in Aspen with the app already on their devices, providing a seamless experience. At the same time, the use of a payment app reduces the need for equipment that would otherwise impact the aesthetics of residential neighborhoods and decreases the need for maintenance on existing meters. PayByPhone provides a management information system, including real time operation and transaction reports that is helpful in creating transparency to the public and reduces the need for physical monetary transactions. The City pays a fee for each transaction made via the app. The fee for each transaction is $0.40 regardless of if it’s a residential $8 daily fee or a commercial core $2 hourly fee. The estimate for 54 2 $125,000.00 per year contract maximum is based on the historic revenues and the estimated growth in the next five years. FINANCIAL IMPACTS: The agreement will not exceed $125,000 per year through 2028. The most recent full year cost for services by this vendor was approximately $75,000 and this new maximum is notably higher than previous experience; however, the Department has determined that this platform is the preferred method for payment by end-users and as such, the Department is planning to reduce other payment options as a result. This will push greater utilization of the pay-by-phone payment solution and thus necessitates the higher maximum cap. Also influencing the higher threshold is a revised per transaction rate, moving from $0.35 to $0.40 per transaction. Despite these adjustments, the Parking Department does not require any additional supplemental spending authority to afford the proposed contract terms. ENVIRONMENTAL IMPACTS: The paid parking program is key in meeting the City’s historic goal of capping traffic at 1993 levels, as well as more current climate and mobility goals. RECOMMENDATION: Staff recommends that Council approve Resolution 144 of 2023, authorizing the City Manager to sign a Professional Services Agreement between the City of Aspen and PaybyPhone U.S.A, Inc. for Mobile payment services. ALTERNATIVES: Council could choose to reject this contract, which would eliminate PaybyPhone as a payment option for parking customers. CITY MANAGER COMMENTS: ATTACHMENTS: Attachment A: Resolution #144 of 2023 Attachment B: Professional Services Agreement: PaybyPhone U.S.A, Inc. 55 RESOLUTION NO. 144 (Series of 2023) A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASPEN AND PAYBYPHONE US INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS the City of Aspen’s goal is to expand our parking service to both tourists and residents; and assure community alignment. WHEREAS the City of Aspen seeks to provide a means for alternative payments to parking via a PROFESSIONAL SERVICES AGREEMENT which is annexed hereto and made a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the Professional Services Agreement for consultant services, a copy of which is annexed hereto and incorporated herein, and does herebyauthorize the City Manager of the City of Aspen 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 10th day of October 2023. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ______________________ Nicole Henning, City Clerk 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 MEMORANDUM TO:Mayor and City Council FROM:Mike Tunte, Landscape Architect and Construction Manager THROUGH:Matt Kuhn, Parks, and Open Space Director MEETING DATE:October 10, 2023 RE:Resolution #145 Series 2023 - Approving an amendment of the declaration of covenants, conditions, and restriction for Iselin Park REQUEST OF COUNCIL: The Parks and Open Space Department is currently seeking Council approval for a minor amendment to paragraphs 4 and 10 of the declaration of covenants, conditions, and restriction for Iselin Park. SUMMARY / BACKGROUND: The initial design of the Iselin Courts was intended to host two tennis courts. Over time, the facility has evolved to meet changing demands, with a notable increase in pickleball participation. Consequently, the aging facility has been adapted through restriping and retrofitting to accommodate four pickleball courts and one tennis court. To engage the community and gather feedback, a comprehensive survey and public outreach initiative were conducted from July to September of 2021. The results of this outreach demonstrated strong support for reimagining the facility to includeexpanded pickleball. This preference was supported during an on-site public open house held in July 2022, where a preferred alternative was presented and well-received. The image below illustrates the future conditions of the racquet facilities at Iselin Park: 76 DISCUSSION: The existing covenants governing Iselin were originally established in 2001, in conjunction with the planning requirements for the Aspen Recreation Center and its broader development. These covenants comprehensively regulate various aspects, including lighting, sound, and general construction conditions. In 2022, the City engaged Norris Design to provide design and engineering services for the creation of construction documentation pertaining to the new Iselin Courts. The design process took into account valuable community input gathered through outreach and open houses. This input has been instrumental in aligning the project with current community preferences and trends. Notably, the plan has shifted to emphasize pickleball, with the construction of seven dedicated pickleball courts. Additionally, one tennis court will be retained to complement the existing tennis facilities at the Aspen Golf and Tennis facility. To facilitate the realization of this project, staff will be submitting a minor amendment application for the Iselin Park PUD. This application seeks two minor modifications to the covenants originally established in 2001. Specifically, the proposed changes will permit the construction of a bathroom structure and the replacement of the current two tennis court configuration with a combination of seven pickleball courts and a single tennis court. These changes are necessary to align the covenants with the preferred design for the Iselin Courts. FINANCIAL/BUDGET IMPACTS: Amending paragraphs 4 and 10 of the declaration of covenants, conditions and restriction for Iselin Park does not have financial or budget impacts. Staff anticipate presenting Council with contracts for project construction and bathroom fabrication at a future meeting in 2023. ENVIRONMENTAL IMPACTS: The proposed courts signify an expansion of the court surface area. To manage stormwater effectively, the project incorporates rain gardens and vegetated buffers, ensuring responsible environmental practices. The location enjoys excellent accessibility through robust public transit options and well- connected pedestrian and bike trails, enhancing the convenience and sustainability of the facility. ALTERNATIVES Council can suggest alternative language for amending the CCRs. STAFF RECOMMENDATIONS: Parks and Open Space Staff recommends approval of the amendments to paragraphs 4 and 10 of the declaration of covenants, conditions, and restriction for Iselin Park. CITY MANAGER COMMENTS: 77 RESOLUTION #145 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO PARAGRAPHS 4 AND 10 OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR ISELIN PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISELIN PARK REFLECTING SAID AMENDMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. RECITALS: A. Whereas, on April 9, 2001, the City Council of the City of Aspen, Colorado did adopt Resolution No. 32, Series of 2001, approving a Declaration of Covenants, Conditions and Restrictions for Iselin Park (Declaration). B.Whereas, the Declaration was imposed in conjunction with the adoption of a PUD Plan by the City authorizing certain improvements to be made to Iselin Park, including, but not limited to the construction of the Aspen Recreation Center. A recital in the Declaration states that those proposed improvements were commonly referred to as “The Iselin Park Master Plan”. C.Whereas, Paragraph 4 of the Declaration states that “There shall not be any additional buildings or structures constructed, erected, or otherwise located on the property which is not identified on the Iselin Park Master Plan in effect as of the date hereof.” D.Whereas paragraph 10 of the Declaration states that “The City of Aspen agrees to keep at Iselin Park a minimum of (2) two tennis courts, which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals or modifications hereto.” E.Whereas the Declaration was made on July 6, 2001, and was effective for ten (10) years, with automatic one (1) year renewals unless modified or terminated by the City of Aspen. F.Whereas, the City Parks Department has submitted a Planned Development (PD) application which contemplates certain changes be made to the improvements at Iselin Park. These changes include a reconfiguration of the racquet courts complex to accommodate both tennis and pickleball, the construction of a new entry kiosk building with restrooms at the complex, and the relocation of two existing maintenance sheds. G. Whereas, pickleball is the fastest growing sport in the United States of America, with a significant playing community and high participation rate in Aspen. H. Whereas, there has been considerable public demand for new pickleball courts in Aspen and our community is underserved by our current public court system. I. Whereas, the proposed PD Plan for Iselin Park includes one (1) tennis court and seven (7) pickleball courts at Iselin Park. 78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1.Paragraph 4 of the Declaration is hereby deleted in its entirety and replaced with the following: 4.There shall not be any building(s) or structures constructed, erected or otherwise located on the Property which are not depicted on the Iselin Park Planned Development (PD) Plan, as may be adopted and as may be amended by the City of Aspen from time-to-time. 2.Paragraph 10 of the Declaration is hereby deleted in its entirety and replaced with the following: 10. The City of Aspen agrees to keep at Iselin Park a minimum of (2) two racquet sports courts (which may include, but not necessarily be limited to, tennis courts and/or pickleball courts), which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals, or modifications hereto. 3.All other terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Iselin Park shall remain in full force and effect. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO that it does hereby authorize the City Manager to execute on behalf of the City of Aspen the Amendment to Declaration of Covenants, Conditions and Restrictions for Iselin Park, attached hereto as Exhibit “A” and incorporated herein, setting forth such amendments. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen, Colorado on the 10 th day of October 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on October 10, 2023. Nicole Henning, City Clerk 79 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISELIN PARK This Amendment to Declaration of Covenants, Conditions and Restrictions for Iselin Park is effective this 10th day of October 2023, and concerns the following: RECITALS Whereas, on April 9, 2001, the City Council of the City of Aspen, Colorado did adopt Resolution No. 32, Series of 2001, approving a Declaration of Covenants, Conditions and Restrictions for Iselin Park. Whereas, on October 10, 2023, pursuant to Resolution #145, Series of 2023, the City Council of the City of Aspen, Colorado approve an amendment to the Declaration of Covenants, Conditions and Restrictions for Iselin Park as set forth below. AMENDMENT The Declaration of Covenants, Conditions and Restrictions for Iselin Park (Declaration) is hereby amended as follows: 1.Paragraph 4 of the Declaration is hereby deleted in its entirety and replaced with the following: 4.There shall not be any building(s) or structures constructed, erected or otherwise located on the Property which are not depicted on the Iselin Park Planned Development (PD) Plan, as may be adopted and as may be amended by the City of Aspen from time-to-time. 2.Paragraph 10 of the Declaration is hereby deleted in its entirety and replaced with the following: 10. The City of Aspen agrees to keep at Iselin Park a minimum of two (2) racquet sports courts (which may include, but not necessarily be limited to, tennis courts and/or pickleball courts), which shall be maintained in good playing conditions throughout the term of this Declaration including any extensions, renewals, or modifications hereto. All other terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Iselin Park shall remain in full force and effect. CITY OF ASPEN, a municipal corporation __________________________________ By: Sara G. Ott, City Manager 80 Page 1 of 3 MEMORANDUM TO: Mayor and Council Members FROM: Chris Everson, Affordable Housing Development Project Manager THROUGH: Rob Schober, Capital Asset Director MEMO DATE: October 2, 2023 MEETING DATE: October 10, 2023 RE: Resolution #146 of 2023: Amendment #7 to Contract #2021-150 with Cushing Terrell, Additional Design Services for Lumberyard Affordable Housing Development Project REQUEST OF COUNCIL: Staff is requesting approval of Resolution #146 of 2023 and the associated contract amendment with Cushing Terrell as described below. BACKGROUND: On July 27, 2021, Aspen City Council approved the initial contract with Cushing Terrell as architecture and engineering (AE) design team lead for the Lumberyard affordable housing development. Below is the history of the contract with Cushing Terrell to this point: CTA 2021 Original Contract (Approved by Aspen City Council 7/27/2021) • Part 1: Customized Schematic Design $446,316 • Part 2: Supporting the Land Use Entitlements Application $249,412 Add Services #1 (Approved by City Manager 10/24/2021) • Financial Consulting, Currell Program Mgmt. $49,544 Add Services #2 (Approved by Aspen City Council, 12/14/2021) • Transportation Impact Analysis by Fehr & Peers $76,365 Add Services #3 (Approved by Aspen City Council, 3/22/2022) • Extended SD Timeline & Sustainability Consulting $145,840 Add Services #4 (Approved by Aspen City Council, 6/28/2022) • Part 3: Design Development (DD) $496,589 • Part 4: Supporting the Land Use Entitlements Process $110,026 • DD Scope for EGC Plus Sustainability Certification $48,763 Add Services #5 (Approved by Aspen City Council, 7/26/2022) • Entitlements Planning and Facilitation $333,754 • Operations and Property Management Consulting $20,000 • Air Quality / Environmental Consulting $28,000 • Ongoing financial planning and financing consultation $36,652 Add Services #6 (Approved by Aspen City Council, 7/11/2023) • Entitlements Part 2 Continued Support $286,000 Current Total Contract Amount $2,327,261 (does not include additional services currently proposed) 81 Page 2 of 3 DISCUSSION: Consistent with staff’s prior recommendations, at the budget work session on October 16, 2023, staff will be requesting $14,250,000 as the 2024 budget toward infrastructure construction for the Lumberyard affordable housing project. With the recent approval of project entitlements, staff is in the process of creating a detailed updated timeline for the project. Upcoming milestones to be included in the forthcoming timeline are as follows, although these are estimations at the moment: First Quarter 2024 • Recordation of approved PD Plan Set • Recordation of approved PD Development Agreement • Submit Demolition Permit Application • Submit Access/Infrastructure Permit Application • Release Demo/Infrastructure Construction Contractor RFP • Release Vertical Developer RFQ/P The amount of physical work which can be accomplished on the Lumberyard project site in 2024 is highly dependent upon the ability of the project team to reach the above milestones as efficiently as possible. In order to achieve the above listed milestones, the following work efforts will need to be undertaken by the project team: • Design Development (DD) documents for the Planned Development (PD) Plan Set • Drafting and vetting of the Planned Development (PD) Agreement • Design Development and Construction Documents for Access and Infrastructure Design • Construction Documents for Demolition and Recycling of Existing Site/Buildings To support the work tracks described, the following additional services are herein proposed by Cushing Terrell: • Development Agreement Support - Exhibit 7A $35,000 • Access and Infrastructure Design - Exhibit 7B $645,500 • Demolition and Recycling of Existing Site/Buildings - Exhibit 7C $294,470 • Additional Part 4: Design Development – PM/Coord. - Exhibit 7D $63,150 • Part 5: Planned Development Documentation - Exhibit 7E $250,825 • Additional Environmental Consulting - Exhibit 6F $10,500 • Credit for unused portion of Add Services #6 from 7/11/2023 ($150,000) (Net) Subtotal Proposed Add Services #7 $1,149,445 Proposed Updated Total Contract Amount $3,476,706 (includes additional services currently proposed) The services proposed provide for design process through receipt of building permits for the infrastructure construction phase of the project. Staff will provide project updates, including an updated project budget and timeline, as this work progresses. FINANCIAL IMPACTS: Work billed under this contract amendment in 2023 will fit within the existing 2023 project budget, and much of this work will carry forward into 2024. 82 Page 3 of 3 Staff anticipates future additional services for construction administration services to support construction of infrastructure to the extent feasible in 2024 and 2025. RECOMMENDATIONS: Staff recommends approval of Resolution #146 of 2023 and the associated contract amendment with Cushing Terrell. CITY MANAGER COMMENTS: EXHIBITS: Exhibit A: Cushing Terrell Add Services #7, AIA G802 Contract Amendment 83 RESOLUTION #146 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND CUSHING TERRELL, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract amendment between the City of Aspen and Cushing Terrell, 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 the contract amendment between the City of Aspen and Cushing Terrell, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of October, 2023. 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 October 10, 2023. Nicole Henning, City Clerk 84 -" Al.A Document Gso2· -2017 Amendment to the Professional SeNices Agreement PROJECT: (name and address) AGREEMENT INFORMATION: Aspen Lumberyard Date: July 27, 2021 As described in Exhibit B City of Aspen Request for Proposals 2021-150 OWNER: (name and address) City of Aspen 130 South Galena Street Aspen, CO 81611 ARCHITECT: (name and address) Cushing Terrell 303 E. 17th Ave, Ste 105 Denver CO 80203 AMENDMENT INFORMATION: Amendment Number: 07 Date: October 2, 2023 The Owner and Architect amend the Agreement as follows: Provide additional design services to include: Entitlements: Development Agreement Support - see Exhibit 7 A Access and Infrastrncture Design - see Exhibit 7B Demolition and Recycling of Existing Site/Buildings - See Exhibit 7C Additional Part 4: Design Development - Program Management and Coordination - see Exhibit 7D Pait 5: Planned Development Docmnentation - see Exhibit 7E Additional Environmental Consulting - see Exhibit 7F The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Add to Article 11.2: Additional Service: Entitlements: Development Agreement - reimbursable expenses and labor (hourly) not to exceed $35,000 Infrastmcture Design - reimbursable expenses and labor (hourly) not to exceed $645,500 Demolition/Recycling - reimbursable expenses and labor (hourly) not to exceed $294,470 Additional Part 4 Design Development - labor (hourly) not to exceed $63,150 Pait 5 Planned Development Docmnentation - reimbursable expenses and labor (hourly) not to exceed $250,825 Additional Environmental Consulting - reimbursable expenses and labor (hourly) not to exceed $10,500 From previous Amendment 6, Reduce Additional Seivice Total all paits from $286,000 to $136,000 resulting in a credit of $150,000 Net Total for all parts: $1,149,445 Schedule Adjustment: To be coordinated between Owner and Architect based on overall project schedule SIGNATURES: Cushing Te1Tel1 City of Aspen, CO ARCHITECT (Finn name) OWNER (Finn name) -See attached signatures page--See attached signatures page- AIA Dorument G802 -2017. Copyright© 2000, 2007 and 2017. All rights reserved. "The American lnstiMe of Architects," "American Institute of Architects," • AIA, • the AlA Logo, and • AIA Contract Doruments" are trademarks of The American Institute of Architects. This document was produced at 18:30:22 ET on 1 10/02/2023 under Order No.3104239063 which expires on 08/14/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract DocumentsC Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3C) 85 86 87 cushingterrell.com Proposal for Aspen Lumberyard Additional Services: Exhibit 7A Entitlements: Development Agreement Support SCOPE OF WORK Cushing Terrell will continue to provide Entitlement Services in support of the Land Use Entitlements Review Process. Six months of support from the Land Planner, Project Manager and Director of Affordable housing including review of and suggestions for language modification during the writing of the Development Agreement is included. This scope of work concludes with the approval of the Development Agreement. SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Land Planner: Nicole Olmstead COMPENSATION Compensation for labor (hourly) and expenses shall not to exceed $35,000 88 2 cushingterrell.com Exhibit 7B Access and Infrastructure Design SCOPE OF WORK Cushing Terrell and sub consultants will provide Architectural and Engineering Services for off-site work including the signalized intersection, AABC Trail underpass, and closure of Sage Way, and on-site infrastructure necessary to ready the site for development. This scope of work includes Project Management of the design team, coordination with Owner’s consultants, Civil Engineering, Traffic Engineering, Architecture, Landscape Architecture, Electrical Engineering and Structural Engineering. Off-site scope of work will include Schematic Design, Design Development and Construction Documents and will include submitting for CDoT, Aspen and Pitkin County permits, and supporting the permitting and preconstruction process through receipt of building permits (Parts 1, 3, 6, and 7). Up to three permit resubmittals are anticipated with this fee. This scope of work concludes with the receipt of building permits. The architectural scope includes design and renderings for the bridge and trail underpass inclusive of strategies to mitigate impacts of snow plowing and may include snow fences and or coverings over the underpass. Landscape scope includes associated required planting and irrigation at the closure of Sage Way and new underpass along with Trail realignment design. Structural Engineering includes the retaining wall design related to the AABC Trail underpass and an allowance related to snow mitigation strategies (coverings/fences). Traffic Engineering will be provided for the new signalized intersection related to detection loops, striping, signal wiring and coordination of the access permit. Electrical engineering shall be provided serve the new signalized intersection. Civil Engineering scope will include utility relocations, utility service plan, easement coordination, FIR and FOR reviews and coordination with CDoT. On-site scope of work will include building on Design Development drawings to develop permitted Construction Documents related to site preparation (Parts 6 and 7). Project Management, Civil Engineering and Structural Engineering (limited to retaining wall design) will be provided. This scope includes submitting for building permits and supporting the permitting and preconstruction process through receipt of building permits. Up to three permit resubmittals are anticipated with this fee. It is inclusive of the design and documentation of underground utilities, roadway layout, rough grading, inclusive of retaining walls anticipated at property lines. It is anticipated that this scope of work will be performed concurrently with the Demolition and Recycling scope of work to conclude with permitted construction documents that will ready the site for future building development. Civil engineering to include right of way and roadway designs to comply with City of Aspen Engineering Department requirements and utilities to comply with City of Aspen Water and Electric, Aspen Consolidated Sanitation District and other service providers (telecommunications, data, etc.) as applicable. 89 3 cushingterrell.com Exhibit 7B - Continued Access and Infrastructure Design SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Project Architect: Charlie Deese, AIA Project Electrical Engineer: Patrick Moranville, PE Consultants Civil Engineering: Roaring Fork Engineering, Richard Goulding, PE Traffic Engineering: Fehr and Peers, Charles Alexander, PE Landscape Architect: Connect One Design, Gyles Thornely Structural Engineering: SA Miro, David Lewis, PE Coordination with Owner’s Consultants will be provided: Subsurface Utility Engineering/Potholing: Horrocks Engineers Geotechnical Engineering: Kumar and Associates Environmental Compliance: ERO Surveyor/Easements: True North Program Manager: TBD COMPENSATION Compensation for labor (hourly) and expenses shall not exceed $645,500 90 4 cushingterrell.com Exhibit 7C Demolition and Recycling of Existing Site/Buildings SCOPE OF WORK Cushing Terrell and sub consultants will provide Architectural and Engineering Services for demolition of the existing site features including pavements and onsite structures. This scope of work is envisioned to be concurrent with the access and infrastructure scope of work to result in a single bid package for a single constructor. This scope of work includes coordinating with Slosky and Company on the environmental scope of work. The design team will produce demolition documents that allow for multiple bid options from providing a baseline recycling requirement to meet project requirements established by EGC Plus with increasing levels of recycling and diversion opportunities. The design team will work with Owner’s Construction Manager to identify enhanced recycling/reuse streams. Project Management, Architecture, Landscape Architecture, Civil Engineering, Electrical Engineering, Structural Engineering (limited to performative shoring design) and Sustainable Design are included. The scope of work will include inventory and documentation of existing conditions, access, stockpiling and phasing plans, as part of the construction document set. Schematic Design, Design Development and Construction Documents and will include submitting for permits and supporting the permitting and pre construction process through receipt of building permits (Parts 1, 3, 6, and 7). The demolition and recycling scope of work concludes with the receipt of building permits. SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Project Architect: Paul Goss, AIA Project Electrical Engineer: Patrick Moranville, PE Consultants Civil Engineering: Roaring Fork Engineering, Richard Goulding, PE Landscape Architect: Connect One Design, Gyles Thornely Structural Engineering: SA Miro, David Lewis, PE Sustainable Design: Group 14 Engineering, Michael Levinson Environmental: Slosky and Company, Inc, Leonard Slosky (compensation included under separate scope) 91 5 cushingterrell.com Exhibit 7C - Continued Demolition and Recycling of Existing Site/Buildings Owner’s Consultants: Program Manager: TBD Cost Estimator: TBD COMPENSATION Compensation for labor (hourly) and expenses shall not to exceed $294,470 92 6 cushingterrell.com Exhibit 7D Additional Part 4: Design Development - Program Management and Coordination SCOPE OF WORK Cushing Terrell and sub consultants will provide additional program management and coordination through the Design Development process. This scope of work includes coordinating with Owner’s Program Manager for project implementation as well as coordinating with Owner’s Cost Estimator, providing project information and documentation necessary to complete their scopes of work. The scope of work includes providing consulting support to the Owner and to Owner’s Program Manager for the development of a request for proposals from Developers for the project. SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Project Architect: Charlie Deese, AIA Project Electrical Engineer: Patrick Moranville, PE Project Mechanical Engineer: Shane Gerkin, PE Consultants Civil Engineering: Roaring Fork Engineering, Richard Goulding, PE Landscape Architect: Connect One Design, Gyles Thornely Structural Engineering: SA Miro, David Lewis, PE Owner’s Consultants: Construction Manager: TBD Cost Estimator: TBD COMPENSATION Compensation for labor (hourly) shall not exceed $63,150. Reimbursable expenses are not anticipated. 93 7 cushingterrell.com Exhibit 7E Part 5: Planned Development Documentation SCOPE OF WORK Cushing Terrell and sub consultants will continue to provide Architectural and Engineering Services related to Planned Development Documentation. This scope of work is supportive of the Development Agreement and Planned Development Documentation and provides an allowance for furnishing PD specific documents illustrating/memorializing the regulatory conditions that the project will be required to satisfy. This includes support for the total project scope including offsite improvements related to the signalized intersection, trail improvements, CDoT ROW work and closure of Sage Way. This scope of work includes modifying Planned Development Documentation to accommodate approved Ordinance 10 items, specifically Section 13 (Trail Alignment and Related Landscaping and Sound Attenuation Features), Section 15 (continued coordination efforts with MRA), and other Sections seeking recorded flexibility. This scope of work includes supporting the Development Agreement with technical consulting from team members. Consulting may be related to technical development or regulatory language or design input. SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Project Architect: Charlie Deese, AIA Urban Planner/Entitlements: Nicole Olmstead Project Electrical Engineer: Patrick Moranville, PE Project Mechanical Engineer: Shane Gerkin, PE Consultants Civil Engineering: Roaring Fork Engineering, Richard Goulding, PE Landscape Architect: Connect One Design, Gyles Thornely Structural Engineering: SA Miro, David Lewis, PE COMPENSATION Compensation for labor (hourly) and expenses shall not exceed $250,825. 94 8 cushingterrell.com Exhibit 7F Additional Environmental Consulting SCOPE OF WORK Cushing Terrell’s sub consultant Slosky and Company, Inc. will provide recommendations for environmental testing and assist in development of requests for testing proposals. The scope of work will include review of testing reports and make recommendations to the design team for removal of materials included in the demolition and recycling scope of work. SCOPE OF SERVICES Cushing Terrell will continue to manage this project from our Denver office. Our professional team will continue to be the following key team members: Cushing Terrell Project Manager: Laura Dougherty, AIA Director of Affordable Housing: Randy Rhoads, AIA Consultants Environmental: Slosky and Company, Inc, Leonard Slosky COMPENSATION Compensation for labor (hourly) and expenses shall not exceed $10,500 95 MEMORANDUM TO:Mayor and City Council FROM: Ben Levenson, Project Manager, Capital Asset THROUGH: Scott Miller, Public Works Director MEMO DATE: October 3, 2023 MEETING DATE: October 10, 2023 RE:Resolution #2023-147 Purchase Contract for Affordable Employee Housing Unit located at 416 D Pacific Ave; Aspen. REQUST OF COUNCIL:Staff is requesting approval of Resolution #147 of 2023 and the attached contract to purchase property located at 416 D Pacific Ave; Aspen. and an additional $20,000 for improvements to unit. SUMMARY AND BACKGROUND:Staff has been working via the services of a real estate broker with the agent for the owners of the 416 D Pacific Ave; Aspen. Attached is a contract to purchase the property for the purchase price of $1,125,000. The attached purchase contract has been signed by Public Works Director, Scott Miller, and contains terms which state that the contract automatically terminates if notice of approval by Aspen City Council is not provided on or before 30 days after the contract was countersigned on Monday, September 15th, 2023; making our last day to withdraw from the deal Monday, October 16, 2023. Per the contract, the City can terminate the contract and have $56,250 in earnest money returned pending numerous contingencies such as title objection, appraisal, inspection, and other contingencies. Staff is currently inspecting the property along with additional due diligence. The seller is also providing due diligence items required under the contract. Closing is currently scheduled for Wednesday, October 25, 2023, with a possession date coinciding with delivery of deed. DISCUSSION: The 2-bedroom with 1-bath is 687 square foot top floor condominium, with a deck located in the AABC this unit is approximately a 10-minute drive to City Hall, near walking/biking trails, the transit line, a grocery store. This modest unit’s location makes is great for City staffer housing. The unit needs minor updating estimated at $20k, and 3-5 days of work for our Asset department. Maintenance items include drywall/plaster repair, a fresh coat of paint, appliance replacement, and minor electrical repairs. HOA fees are $10,620 annually, which covers contingency funds, grounds maintenance, insurance management, sewer, snow removal, trash, unit heat and water. Individual owners are responsible for the cost of electricity. The purchase price does include the washer, dryer, range refrigerator, dishwasher, microwave, window coverings, and one reserved parking spaces. This unit is not deed restricted. The City 96 would take possession of the unit upon delivery of the deed at which time any necessary updates and maintenance will be completed and the unit will then be made available to a City staffer. FINANCIAL/BUDGET IMPACTS:Funds for purchasing this property and funds for updating this property are available from the 505 Employee Housing Fund. The contract price, if approved by Council, was based on an analysis by the staff and by the City’s real estate broker which was based on nearby comps and on the price paid by the City for other land purchases in years past and the current market, which is relevant to establish how the open market would value this property. Purchase price of unit: $1,125,000 Additional funds requested for updating: $20,000 Total funds requested:$1,145,000 ENVIRONMENTAL IMPACTS: There are no new known environmental impacts as this is an existing property. ALTERNATIVES: Council could choose to deny approval of Resolution # 147 of 2023 and withdraw from this contract for real estate property. RECOMMENDATIONS: Staff recommends approval of Resolution # 147 of 2023 and the attached contract to purchase the property located at 416 D Pacific Ave; Aspen. CITY MANAGER COMMENTS: ______________________________________________________________________ ATTACHMENTS: Exhibit A – Contract to purchase property located at 416 D Pacific Ave; Aspen. 97 RESOLUTION # 147 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT TO PURCHASE PROPERTY LOCATED AT 416 PACIFIC AVE #D, ASPEN, COLORADO AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS NECESSARY TO COMPLETE THE PURCHASE WHEREAS, there has been submitted to the City Council a contract to purchase property located at 416 Pacific Avenue #D, Aspen, Colorado, 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 Contract to Buy and Sell Real Estate by and between the City of Aspen and Steven L Sand, for the property located at 416 Pacific Avenue #D, Aspen, Colorado, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute such documents as necessary to complete the purchase. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of October 2023. 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, October 10th, 2023. Nicole Henning, City Clerk 98 Douglas Elliman Real Estate 16 Kearns Road, Suite 113 Snowmass Village, CO 81615 Susan Dickinson Broker Associate Ph: 970-618-4649 Fax: 970-300-0200 1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CP40-6-21) (Mandatory 1-22) 2 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 4 5 COUNTERPROPOSAL 6 Date: 9/15/2023 7 8 1. This Counterproposal supersedes and replaces any previous counterproposal. This 9 Counterproposal amends the proposed contract dated 9/13/2022 (Contract) between 10 Steven L Sand (Seller) and City of Aspen (Buyer) relating to the sale and purchase of the following legally described real estate in the County of Pitkin, Colorado (insert legal description): 11 Subdivision: Alpine Grove Condo Unit 416D, Aspen, CO 81611 12 known as: 416 Pacific Avenue, UNIT D Aspen, CO 81611 (Property). 13 14 NOTE: If the table is omitted, or if any item is left blank or is marked in the "No Change" column, it means no change to the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the corresponding provision of the Contract to which reference is made is deleted. 15 16 2. § 3.1. Dates and Deadlines. [Note: This table may be omitted if inapplicable.] 17 18 Item No.Reference Event Date or Deadline No Change Deleted 1 § 3 Time of Day Deadline 2 § 3 Alternative Earnest Money Deadline Title 3 § 8 Record Title Deadline (and Tax Certificate) 4 § 8 Record Title Objection Deadline 14 days after MEC 5 § 8 Off-Record Title Deadline 6 § 8 Off-Record Title Objection Deadline 14 days after MEC 7 § 8 Title Resolution Deadline 21 days after MEC 8 § 8 Third Party Right to Purchase/Approve Deadline Owners’ Association 9 § 7 Association Documents Deadline 10 § 7 Association Documents Termination Deadline 14 days after MEC Seller's Disclosures 11 § 10 Seller's Property Disclosure Deadline 12 § 10 Lead-Based Paint Disclosure Deadline 7 days after MEC Loan and Credit 13 § 5 New Loan Application Deadline 14 § 5 New Loan Terms Deadline 15 § 5 New Loan Availability Deadline 16 § 5 Buyer's Credit Information Deadline CP40-6-21. COUNTERPROPOSAL Page 1 of 4 Initials _____________________________________ CTMeContracts.com - ©2023 CTM Software Corp. 99 17 § 5 Disapproval of Buyer's Credit Information Deadline 18 § 5 Existing Loan Deadline 19 § 5 Existing Loan Termination Deadline 20 § 5 Loan Transfer Approval Deadline 21 § 4 Seller or Private Financing Deadline Appraisal 22 § 6 Appraisal Deadline 23 § 6 Appraisal Objection Deadline 24 § 6 Appraisal Resolution Deadline Survey 25 § 9 New ILC or New Survey Deadline 26 § 9 New ILC or New Survey Objection Deadline 27 § 9 New ILC or New Survey Resolution Deadline Inspection and Due Diligence 28 § 2 Water Rights Examination Deadline 29 § 8 Mineral Rights Examination Deadline 30 § 10 Inspection Termination Deadline 14 days after MEC 31 § 10 Inspection Objection Deadline 14 days after MEC 32 § 10 Inspection Resolution Deadline 21 days after MEC 33 § 10 Property Insurance Termination Deadline 21 days after MEC 34 § 10 Due Diligence Documents Delivery Deadline 35 § 10 Due Diligence Documents Objection Deadline 14 days after MEC 36 § 10 Due Diligence Documents Resolution Deadline 21 days after MEC 37 § 10 Environmental Inspection Objection Deadline (CBS2, 3, 4) 38 § 10 ADA Evaluation Termination Deadline (CBS2, 3, 4) 39 § 10 Conditional Sale Deadline 40 § 10 Lead-Based Paint Termination Deadline 14 days after MEC 41 § 11 Estoppel Statements Deadline (CBS2, 3, 4) 42 § 11 Estoppel Statements Termination Deadline (CBS2,3,4) Closing and Possession 43 § 12 Closing Date 44 § 17 Possession Date 45 § 17 Possession Time 46 47 19 20 3. § 4. PURCHASE PRICE AND TERMS. [Note: This table may be deleted if inapplicable.] 21 22 The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 23 24 Item No.Reference Item Amount Amount 1 § 4.1 Purchase Price $1,125,000.00 2 § 4.3 Earnest Money $56,250.00 3 § 4.5 New Loan 4 § 4.6 Assumption Balance CP40-6-21. COUNTERPROPOSAL Page 2 of 4 Initials _____________________________________ CTMeContracts.com - ©2023 CTM Software Corp. 100 5 § 4.7 Private Financing 6 § 4.7 Seller Financing 7 8 9 § 4.4 Cash at Closing $1,068,750.00 10 TOTAL $1,125,000.00 $1,125,000.00 25 26 4. ATTACHMENTS. The following are a part of this Counterproposal: 27 n/a 28 Note: The following documents have been provided but are not a part of this Counterproposal: 29 n/a 30 31 5. OTHER CHANGES. 32 Paragraph 10.6.1.2 Leased Items Documents. The box "Will Not" is checked Paragraph 10.6.1.3 Encumbered Inclusions Documents. The box "Will Not" is checked. 33 34 6. ACCEPTANCE DEADLINE. This Counterproposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before Saturday September 16, 2023 @ 1PM MST. Date Time 35 36 If accepted, the Contract, as amended by this Counterproposal, will become a contract between Seller and Buyer. All other terms and conditions of the Contract remain the same. 37 38 Date:9/15/2023 Seller: Steven L Sand 39 40 Seller: _______________________________________________________ Date: ____________ 41 42 43 Date:9/15/2023 Buyer: City of Aspen By: Scott Miller, Authorized Signor 44 45 Buyer: _______________________________________________________ Date: ____________ 46 47 Note: When this Counterproposal form is used, the Contract is not to be signed by the party initiating this Counterproposal. Brokers must complete and sign the Broker's Acknowledgments and Compensation Disclosure portion of the Contract. CP40-6-21. COUNTERPROPOSAL Page 3 of 4 Initials _____________________________________ CTMeContracts.com - ©2023 CTM Software Corp. 101 CP40-6-21. COUNTERPROPOSAL CTM eContracts - ©2022 CTM Software Corp. CP40-6-21. COUNTERPROPOSAL Page 4 of 4 Initials _____________________________________ CTMeContracts.com - ©2023 CTM Software Corp. 102 Date: 9/13/2022 Aspen Snowmass Sotheby`s International Realty Lex Tarumianz Ph: 970-925-6060 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-6-23) (Available 8-23, Mandatory 1-24) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. City of Aspen (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other TBD. 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller. Steven L Sand (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Pitkin, Colorado (insert legal description): Subdivision: Alpine Grove Condo Unit 416D, Aspen, CO 81611 known as: 416 Pacific Avenue, UNIT D Aspen, CO 81611 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including any remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 1 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 103 All Furniture and Fixtures in the Property as of the date of this Contract shall be included in the sale. Art and personal items shall be excluded and Seller will provide a List of Inclusions and Exclusions within 7 days of MEC. If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities: those appurtenant to said Property; and the use or ownership of the following storage facilities: those appurtenant to said property Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 2.5.7. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): 2.6. Exclusions. The following items are excluded (Exclusions): 2.7. Water Rights/Well Rights. 2.7.1. Deeded Water Rights. The following legally described water rights: none Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is n/a. 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.7.6. Water Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 3. DATES, DEADLINES AND APPLICABILITY. 3.1. Dates and Deadlines. Item No.Reference Event Date or Deadline 1 § 3 Time of Day Deadline 2 § 4 Alternative Earnest Money Deadline 3 Business Days After MEC Title CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 2 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 104 3 § 8 Record Title Deadline (and Tax Certificate)7 Days After MEC 4 § 8 Record Title Objection Deadline 30 Days After MEC 5 § 8 Off-Record Title Deadline 7 Days After MEC 6 § 8 Off-Record Title Objection Deadline 30 Days After MEC 7 § 8 Title Resolution Deadline 33 Days After MEC 8 § 8 Third Party Right to Purchase/Approve Deadline Owners' Association 9 § 7 Association Documents Deadline 7 Days After MEC 10 § 7 Association Documents Termination Deadline 30 Days After MEC Seller's Disclosures 11 § 10 Seller’s Property Disclosure Deadline 7 Days After MEC 12 § 10 Lead-Based Paint Disclosure Deadline Loan and Credit 13 § 5 New Loan Application Deadline 14 § 5 New Loan Terms Deadline 15 § 5 New Loan Availability Deadline 16 § 5 Buyer’s Credit Information Deadline 17 § 5 Disapproval of Buyer’s Credit Information Deadline 18 § 5 Existing Loan Deadline 19 § 5 Existing Loan Termination Deadline 20 § 5 Loan Transfer Approval Deadline 21 § 4 Seller or Private Financing Deadline Appraisal 22 § 6 Appraisal Deadline 23 § 6 Appraisal Objection Deadline 24 § 6 Appraisal Resolution Deadline Survey 25 § 9 New ILC or New Survey Deadline 26 § 9 New ILC or New Survey Objection Deadline 27 § 9 New ILC or New Survey Resolution Deadline Inspection and Due diligence 28 § 2 Water Rights Examination Deadline 29 § 8 Mineral Rights Examination Deadline 30 § 10 Inspection Termination Deadline 30 Days After MEC 31 § 10 Inspection Objection Deadline 30 Days After MEC 32 § 10 Inspection Resolution Deadline 33 Days After MEC 33 § 10 Property Insurance Termination Deadline 30 Days After MEC 34 § 10 Due Diligence Documents Delivery Deadline 7 Days After MEC 35 § 10 Due Diligence Documents Objection Deadline 30 Days After MEC 36 § 10 Due Diligence Documents Resolution Deadline 33 Days After MEC CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 3 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 105 Friday 1,100,000.00 55,000.00 37 § 10 Conditional Sale Deadline 38 § 10 Lead-Based Paint Termination Deadline Closing and Possession 39 § 12 Closing Date 40 Days After MEC 40 § 17 Possession Date At Delivery of Deed 41 § 17 Possession Time At Delivery of Deed 42 § 27 Acceptance Deadline Date 9/15/2023 43 § 27 Acceptance Deadline Time 2:00 PM MDT 44 45 Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract means not applicable. 3.3. Day; Computation of Period of Days; Deadlines. 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item No.Reference Item Amount Amount 1 § 4.1.Purchase Price $ 2 § 4.3.Earnest Money $ 3 § 4.5.New Loan $ 4 § 4.6.Assumption Balance $ 5 § 4.7.Private Financing $ 6 § 4.7.Seller Financing $ 7 $ 8 $ CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 4 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 106 1,045,000.00 1,100,000.00 1,100,000.00 9 § 4.4.Cash at Closing $ 10 Total $$ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $ (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Check or Wire., will be payable to and held by Land Title Guarantee Company - Aspen (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.5. New Loan. (Omitted as inapplicable) 4.6. Assumption. (Omitted as inapplicable) 4.7. Seller or Private Financing. (Omitted as inapplicable) CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 5 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 107 TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information. (Omitted as inapplicable) 5.4. Existing Loan Review. (Omitted as inapplicable) 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price and condition of the Property are acceptable. 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived in writing by Buyer. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 6 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 108 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more declarations (Association). 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 7 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 109 or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other . Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 8 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 110 documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing and Metropolitan Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. The official website for the Metropolitan District, if any, is: . 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing or metropolitan districts that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the content of the Tax Certificate is unsatisfactory to Buyer, in Buyer’s CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 9 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 111 sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the content of the Tax Certificate as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Tax Certificate) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and governmental regulations concerning land use, development and environmental matters. 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 10 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 112 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.9. Mineral Rights Review. Buyer Does Does Not have a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of Current Condominium Map; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and Buyer`s attorney will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). DISCLOSURE, INSPECTION AND DUE DILIGENCE CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 11 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 113 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller pursuant to § 10.3.2.; or 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 12 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 114 and information pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the Seller’s obligations under such leases for the Leased Items (§ 2.5.7., Leased Items). 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer Will Will Not assume the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions). 10.6.1.4. Other Documents. Other documents and information: 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as . Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 10.10. Lead-Based Paint. 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive the CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 13 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 115 Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the test. 10.13. Radon Disclosure. THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL. RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON- INDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY. AN ELECTRONIC COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH C.R.S. §25-11-114(2)(A) THAT PROVIDES ADVICE ABOUT “RADON AND REAL ESTATE TRANSACTIONS IN COLORADO” IS AVAILABLE AT: HTTPS://CDPHE.COLORADO.GOV/RADON. 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] Closing Provisions 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 14 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 116 Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to Buyer. The hour and place of Closing will be as designated by Land Title Guarantee Company - Aspen. 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s deed deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid for by Seller. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other . 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than Association Assessments as defined in § 16.2. (Association Assessments), reserves or CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 15 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 117 working capital due at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $ for: Water Stock/Certificates Water District Augmentation Membership Small Domestic Water Company and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.9. FIRPTA and Colorado Withholding. 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran exemption or Other 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 16 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 118 may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and Association Assessments are subject to change as provided in the Governing Documents. 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. and, if applicable, any Post-Closing Occupancy Agreement. If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ 300 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement. General Provisions 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 17 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 119 Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 18.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 20.1. If Buyer is in Default: 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 20.2. If Seller is in Default: 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such failures to perform under this Contract after CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 18 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 120 Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this Contract are reserved and survive Closing. 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 24. TERMINATION. 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21. 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 19 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 121 26. NOTICE, DELIVERY AND CHOICE OF LAW. 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or CTME Software. 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due Diligence and Source of Water. ADDITIONAL PROVISIONS AND ATTACHMENTS 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) The language contained in this section has not been approved by the Colorado Real Estate Commission. It was prepared by Aspen Snowmass Sotheby`s International Realty. 29.1 - Regarding Section 2.2., This Contract is assignable. Buyer shall deliver to Seller written notice of Buyer`s assignment of the Contract no later than seven (7) business days prior to Closing. 29.2 The Contract is contingent upon City Council approval of the Contract. The Buyer shall have until thirty (30) days after MEC to obtain Aspen City Council approval. In the event the Contract is approved by the Aspen City Council then Buyer shall provide written notice to Seller on or before thirty (30) days after MEC. If the Contract is not approved by Aspen City Council or Buyer does not provide Seller written notice of the approval on or before thirty (30) days after MEC then the Contract shall be considered terminated, and all earnest money shall be returned to the Buyer. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 20 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 122 30. OTHER DOCUMENTS. 30.1. Documents Part of Contract. The following documents are a part of this Contract: 30.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the Post-Closing Occupancy Agreement is a part of this Contract. 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: Signatures Date:9/13/2023 Buyer: City of Aspen By: Scott Miller, Authorized Signor [NOTE: If this offer is being countered or rejected, do not sign this document.] Date: Seller: Steven L Sand END OF CONTRACT TO BUY AND SELL REAL ESTATE BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. Broker Working With Buyer Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 21 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 123 Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Firm Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Aspen Snowmass Sotheby`s International Realty Brokerage Firm’s License #: EC100038598 Date:9/13/2022 Broker’s Name: Lex Tarumianz Broker’s License #: FA100014565 Address: 415 East Hyman Avenue Aspen, CO 81611 Ph:970-925-6060 Fax: Email Address: lex.tarumianz@aspensnowmasssir.com Date:9/15/2023 Broker’s Name: Sarah Pegler Broker’s License #: Brokerage Firm’s Name: Brokerage Firm’s License #: Address: Ph: Fax: Email: B. Broker Working with Seller Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 22 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 124 Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Douglas Elliman Real Estate Brokerage Firm’s License #: EC 100053892 Date:9/15/2023 Broker’s Name: Susan Dickinson Broker’s License #: FA.100094099 Address: 16 Kearns Road, Suite 113 Snowmass Village, CO 81615 Ph: 970-923-4700 Fax: 970-300-0200 Email Address: susan.dickinson@elliman.com Date:9/15/2023 Broker’s Name: Bruce Johnson Broker’s License #: FA-100029224 Brokerage Firm’s Name: Douglas Elliman Real Estate Brokerage Firm’s License #: Address: 16 Kerns Rd. Snowmass Village, CO 81615 Ph: 970-923-4700 Fax: 970-923-4700 Email Address: bruce.johnson@elliman.com CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) CTM eContracts - ©2022 MRI Software LLC - All Rights Reserved CBS1-6-23. CONTRACT TO BUY AND SELL REAL ESTATE - Residential Page 23 of 23 Seller(s) Initials: CTMeContracts.com - ©2023 CTM Software Corp. 125 MEMORANDUM TO: Mayor Torre and Aspen City Council THROUGH: Amy Simon, Planning Director FROM: Kirsten Armstrong, Principal Planner, Historic Preservation MEMO DATE: October 2, 2023 MEETING DATE: October 10, 2023 RE: Notice of Call Up, HPC Approval for 820 E. Cooper Avenue – Conceptual Major Development, Relocation, Setback Variation, and Transferrable Development Rights (TDRs), HPC Resolution #11, Series of 2023 APPLICANT /OWNER: Lauren Bullard REPRESENTATIVE: BendonAdams, LLC LOCATION: Street Address: 820 E. Cooper Avenue Legal Description: Lot P, Block 111 of the City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-28-005 CURRENT ZONING & USE Residential Multi-Family (R/MF); Single-family home PROPOSED ZONING & USE: No change PROCESS SUMMARY: Certain land use approvals granted by the Historic Preservation Commission (HPC) or Planning and Zoning Board (P&Z) require that Council be notified of the decision through a brief staff summary. The notification is not a public hearing, and no applicant presentation or public comment has been accepted in the past. During the Notice of Call Up, City Council may uphold the HPC or P&Z’s decision. Alternatively, Council may request more detailed information be provided through a presentation by staff and the applicant at a future meeting. After hearing the additional project description, Council may uphold the boards’ decision or may remand it to require reconsideration of specific issues at a new public hearing. HPC’s or P&Z’s decision on remand shall be final. As the review included Conceptual Major Development and temporary relocation during basement excavation, the approval is subject to Notice of Call-up. 820 Figure 1. Site Locator Map – 820 E. Cooper Avenue. 126 BACKGROUND: 820 E. Cooper Avenue is a 2,999 square foot (sf) lot in the R/MF zone district that contains a Victorian era one-story miner’s cottage. Repairs and alterations to the resource include the following: 1995 re-roof; 1996 replacement of the front door; 2013 demolition of a non-historic shed along the alley; 2018 repair/restoration of historic windows; and 2020 construction of a rear addition, removal of wrap around non-historic deck, restoration of windows, and replacement of a metal roof with asphalt shingles. The 1904 Sanborn map indicates that the main structure retains its original form, with changes only made to the rear massing. The applicant has requested approval for Conceptual, Major Development and Relocation to undertake the following: the demolition of a non-historic addition on the rear elevation, temporary relocation of the resource to the rear of the property while excavation of a full basement and associated lightwells occurs, construction of a one-story connecter and a two-story addition on the rear of the existing structure, and installation of associated drainage systems. A west side yard setback variation to return the resource to its original historic location on the lot after relocation, and approval of three TDRs to remove 750 square feet from the potential expansion on this property are also requested as part of this application. The proposal was the subject of a public hearing on August 9, 2023, and was continued to September 13, 2023, for further study of the mass and scale, of the addition. Through that process, the applicant eliminated some originally requested setback variations, lowered the height of the addition, and changed the roof form in a way that reduced its visual impact on the historic resource. STAFF RECOMMENDATION: After finding the amendments to be a successful response to the design guidelines, Staff review found the criteria were met for: • Major Development (Section 26.415.070.D) for the construction of a two-story addition and excavation of a full basement, which increase the floor area by more than 250 sf. • Relocation (Section 26.415.090) for the temporary relocation of the existing building to the rear of the property while excavation of a full basement is completed. • Setback Variation (Section 26.415.110.C) to maintain existing setback conditions on the west side property line after temporary relocation. • Transferable Development Rights (Section 26.415.110.K/Section 26.535) for the establishment of three TDRs. Staff recommended approval with conditions to HPC on September 13, 2023. Figure 1. 1904 Sanborn Insurance Map. The 820 E Cooper Parcel is outlined in red. Figure 2. 820 E. Cooper Avenue in 1980. 127 HPC reviewed the proposed project and Staff recommendation and approved the project with conditions by a 5-0 vote. The conditions of approval generally focused on material details to be considered at review of the Final, Major Development application. Conceptual, Major Development and Temporary Relocation are the actions subject to this Notice of Call-Up. Staff recommends Council uphold HPC’s decision. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommends Council uphold HPC’s decision. No motion needed. Or, “I move to Call-Up HPC’s approval for Conceptual, Major Development and Temporary Relocation affecting the property at 820 E. Cooper Avenue, HPC Resolution #11, Series of 2023.” CITY MANAGER COMMENTS: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________. ATTACHMENTS: A – HPC Memo, September 13, 2023 B – HPC Approved Plans C – Draft HPC Meeting Minutes D – Draft HPC Resolution #11, Series of 2023 128 Page 1 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com Memorandum TO: Aspen Historic Preservation Commission THRU: Amy Simon, Planning Director FROM: Kirsten Armstrong, Principal Planner Historic Preservation MEETING DATE: September 13, 2023 RE: 820 E. Cooper Avenue – Conceptual Major Development, Relocation, Setback Variation, and Transferrable Development Rights (TDRs), PUBLIC HEARING APPLICANT /OWNER: Lauren Bullard REPRESENTATIVE: BendonAdams, LLC LOCATION: Street Address: 820 E. Cooper Avenue Legal Description: Lot P, Block 111 of the City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-28-005 CURRENT ZONING & USE Residential Multi-Family (R/MF); Single-family home PROPOSED ZONING & USE: No change SUMMARY: 820 E. Cooper Avenue is a designated property containing an AspenVictorian, pre-1890, miner’s cottage. The applicant requests approval for Conceptual Major Development to demolish an existing non-historic addition, temporarily relocate the structure while excavation of a full basement is completed, and construct a two-story, rear addition. Additionally, landscaping updates are proposed. Relocation, a west side yard setback variation and approval of three TDRs are requested as part of this proposal. As a historically designated landmark, this project is exempt from Residential Design Standards Review (RDS). STAFF RECOMMENDATION: Staff supports the application and recommends approval with the conditions outlined in the draft resolution. Site Locator Map – 820 E. Cooper Avenue 820 129 Page 2 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 820 E. Cooper Avenue is a 2,999 square foot (sf) lot in the R/MF zone district that contains a Victorian era one-story miner’s cottage. In 1996 HPC approved a new addition to the historic structure that was never built. Repairs and alterations to the resource include the following: 1995 re-roof; 1996 replacement of the front door; 2013 demolition of a non-historic shed along the alley; 2018 repair/restoration of historic windows; and 2020 construction of a rear addition, removal of wrap around non-historic deck, restoration of windows, and replacement of a metal roof with asphalt shingles. The 1904 Sanborn map indicates that the main structure retains its original form, with changes only made to the rear massing. REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Major Development (Section 26.415.070.D) for the construction of a two-story addition and excavation of a full basement, which increase the floor area by more than 250 sf. • Relocation (Section 26.415.090) for the temporary relocation of the existing building to the rear of the property while excavation of a full basement is completed. • Setback Variation (Section 26.415.110.C) to maintain existing setback conditions on the west side property line after temporary relocation. • Transferable Development Rights (Section 26.415.110.K/Section 26.535) for the establishment of three TDRs. The Historic Preservation Commission (HPC) is the final review authority; however, this project is subject to Notice of Call-up by City Council. Figure 1. 1904 Sanborn Insurance Map. The 820 E Cooper Parcel is outlined in red. Figure 2. 820 E. Cooper Avenue in 1980. 130 Page 3 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com PROJECT SUMMARY: The applicant proposes the demolition of a non-historic addition on the rear elevation, temporary relocation of the resource to the rear of the property while excavation of a full basement and associated lightwells occurs, construction of a one-story connecter and a two-story addition on the rear of the existing structure, and installation of associated drainage systems. The proposed changes to the historic resource include the temporary relocation while basement excavation occurs, lifting of the foundation 1 foot (ft) for positive drainage, demolition of one non-historic addition, installation of a door on the rear (north) elevation of a non-historic addition, addition of light wells with guardrails, and the addition of a landing at the front entry. Additional updates include limited landscaping, and installation of patio areas. A west side yard setback variation and approval of three TDRs are also requested as part of this proposal. STAFF COMMENTS: The HPC reviewed the application for Conceptual Development on August 9, 2023, and recommended continuation, with the request that the applicant restudy the size and scale of the rear addition. Additional concern was placed on the requested rear yard setback. The revised application addresses the size and scale concerns as perceived from the street and reduces the number of setback variation requests. It has reduced the size of the second story of the rear addition and changed the roofline, eliminating the need for a rear-yard setback, and allowing the applicant the ability to request three TDRs where only two were previously requested. Staff finds that the proposed changes follow the direction provided by the HPC. Major Development, Conceptual Review - Section 26.415.070.D New Addition: The proposed addition is a two-story structure, with a 6 ft 1 inch (in), one- story connecting element providing separation from the historic resource. The revised design of the addition features a gable roof with a shed roof wing along the east elevation, with a lower overall height than the previous design. The addition was further reduced at the rear, to comply with the required rear yard setback. The proposal strongly relates in the aspects of form, through its front gable roof and simple massing; and materials, through its horizontal wood siding, stained to provide a contrast to the painted clapboard siding of the historic resource. The proposal distinguishes itself as separate from the historic resource through its application of modern, fixed frame window units extending into the street-facing eave of the addition. Staff finds the design meets Design Guideline 10.6. Staff finds that the 6 ft 1 in connecting element warrants HPC discussion. Design Guideline 10.9 states that “The connector shall be a minimum of 10 feet long between the addition and the primary building.” Although the revised design does not provide a full 10 ft connector, as per Design Guideline 10.9, Staff generally finds the revised treatment of the new addition appropriate as it has been brought in line with Design Guidelines 10.3, 10.4, and 10.8. The physical 131 Page 4 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com and visual imposition of the addition on the historic resource and along the alleyway has been reduced through the reduction in size and the change to the roofline. Staff recommends that it is appropriate to compromise on Design Guideline 10.9 given the reduction in size and scale, and site constraints. Light wells: As part of the revised design the applicant has provided a study showing all of the lightwells grouped along the east side yard. Staff finds that this treatment lessens the visual impact of the required guardrails. The applicant has indicated that this may require additional tree removal; however, the proposed landscape plan still indicates that two trees will remain at the southeast corner of the property as the applicant is still coordinating with the appropriate parties. Staff recommends that the applicant continue to work with the adjacent property owner and the Parks Department regarding the light well locations and provide additional detail on the feasibility for Final Review. For final review staff recommends that the vertical rails be considered for the guardrails, to mimic the picket fence vertical detailing and provide reference to a typical detail seen in Victorian landscaping. Further, for final review staff recommends that light wells abutting the historic resource have a reduced curb height of 6” or less. Relocation - Section 26.415.090 The applicant proposes to temporarily move the one-story, historic building to excavate a new basement, then relocate the landmark on to a new basement foundation which will be 1 ft higher for positive drainage. The final location of the historic structure will match its historic location verified by the 1904 Sanborn Map. The foundation should read as distinctly different from the clapboard wall to properly preserve the reading of the wall height, and to identify the foundation as new construction. The proposed relocation does not diminish the historic integrity of the resource. Staff can support elevating the house 1 ft relative to grade to achieve positive drainage, but the approach to the building should not be a significant change in character to this simple structure. The necessary letter from an engineer determining the resource capable of withstanding the relocation and the financial assurances in the amount of $30,000 will be required prior to building permit submission. Setback Variation - Section 26.415.110.C Setback variations are benefits available to historic properties granted by the HPC. They are site-specific approvals that are tied to a specific design reviewed for compatibility and appropriateness. The historic house at 820 E. Cooper Avenue is located 4 ft 5½ in from the west property line, where 5 ft is required. The proposed design maintains the historic location, for a requested setback reduction of 6½ in. When relocation is triggered, setback variations need to be granted to return the structures to their original position on site if it is considered non-compliant according to the underlying zone district. Staff supports the request for a 132 Page 5 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com 6½ in west side yard setback reduction to a 4 ft 5½ in west side yard setback because it allows it to be preserved in its original location on the lot. Transferable Development Rights - Section 26.415.110.K/Section 26.535 Per the survey provided in the application, the subject property consists of a 2,999 sf lot. For the purposes of creating TDRs, the maximum floor area for constructing a single-family dwelling on this lot is 2,399.2 sf. The applicant provided the following floor area calculations: • Allowable Floor Area = 2399.2 sf • Proposed Total Floor Area = 1612.6 sf • Total Floor Area remaining = 786.6 sf The applicant requests approval to establish three TDRs, which will consume all but 36.6 sf of remaining allowed development rights on the site. Staff finds that the property demonstrates the existence of unused development rights, and the severing of development rights will not create or increase any non-conformities on the site. Once the TDRs are created, the applicant plans to comply with the required steps of executing and delivering a deed restriction. A draft deed restriction was submitted with the application. In addition, the applicant agrees to disclose information related to the sale, assignment, conveyance or other transfer/change of ownership of the TDRs to the City of Aspen Community Development Department within five days. Staff finds the criteria for establishing TDRs are met. REFERRAL COMMENTS: The application was referred out to other City departments who have requirements that will affect the permit review. Referral comments provided by Zoning and Building regarding window wells were responded to in the initial conceptual application review, and the updated plans were incorporated into the application. The combined Referral Comments are included in Exhibit F. The applicant’s initial narrative response to referral comments can be found in Exhibit G. RECOMMENDATION: Staff recommends that the HPC approve this application with the conditions listed in the draft resolution. ATTACHMENTS: Resolution #____, Series of 2023 Exhibit A – Staff Response Historic Preservation Design Guidelines Criteria Exhibit B – Staff Response Relocation Criteria Exhibit C – Staff Response Setback Variation Criteria Exhibit D – Staff Response Transferrable Development Rights Exhibit E – Application Exhibit F – Referral Comments Exhibit G – Applicant Narrative Response to Referral Comments 133 820 EAST COOPER 820 E COOPER ASPEN, CO 81611 REMODEL/ADDITION PROJECT #21084 HPC 2nd CONCEPTUAL HEARING ARCHITECT F&M ARCHITECTS LLCMAIL: PO BOX 6762PHYSICAL: 15 KEARNS ROAD, SUITE. D SNOWMASS VILLAGE, CO 81615http://fandmarchitects.com CONTACT: FLYNN STEWART-SEVERY -(O) 970.987.2707 (C) 970.319.4407PATRICK WESTFELDT -(O) 970.309.5779 August 24, 2023ISSUE DATE PLANNER BendonAdams300 S. SPRING ST. #202ASPEN, CO 81611http://www.bendonadams.com CONTACT: SARA ADAMS -(O) 970.925.2855 CIVIL ENGINEER CRYSTAL RIVER CIVIL LLC1101 VILLAGE ROAD, UL-4CCARBONDALE, CO 81623 CONTACT: JAY ENGSTROM, PE -(O) 970.404.1144 STRUCTURAL ENGINEER ALBRIGHT & ASSOCIATES402 PARK AVEUNIT ABASALT, CO 81621 CONTACT: JACK ALBRIGHT - PRINCIPAL-(C) 970.379.3244 -(O) 970.927.4363 134 Thursday, August 24, 2023820 EAST COOPERINFORMATION JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 G1.2820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 G1.1G1.2 COVER SHEET WITH DIRECTORYINFORMATION INDEX OF DRAWINGSGENERAL NOTES: 1. THESE DOCUMENTS, INCLUDING ALL INFORMATION, DESIGNS, DETAILS, SPECIFICATIONS, CONFIGURATIONS AND EVERY OTHER PORTION THEREOF, AND FURTHER PERTAINING TO ALL ORIGINALS AND COPIES GENERATED, TRANSMITTED OR CIRCULATED FOR THE PURPOSE OF BIDDING, PURCHASING, SCHEDULING, CONSTRUCTION OR FOR SUCH OTHER REASON AS MAY BE REQUIRED FOR THE PROJECT DESCRIBED HEREIN, ARE AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF F&M ARCHITECTS LLC. THESE DOCUMENTS MAY NOT BE COPIED, DISTRIBUTED OR OTHERWISE PLACED INTO USE OR SERVICE OF ANY MANNER WITHOUT THE EXPRESS WRITTEN CONSENT OF F&M ARCHITECTS LLC OR DULY AUTHORIZED AGENT. ALL DOCUMENTS DISTRIBUTED DURING THE COURSE OF THE PROJECT SHALL BE SURRENDERED TO F&M ARCHITECTS LLC IMMEDIATELY UPON REQUEST. 2. IT IS THE INTENT OF THESE DRAWINGS AND SPECIFICATIONS TO ESTABLISH A STANDARD OF QUALITY. THE DESIGNER RESERVES THE RIGHT TO TAKE EXCEPTIONS TO APPROVED METHODS AND MATERIALS NOT REFLECTED HEREIN. 3. WORK SHALL BE PERFORMED IN A WORKMANLIKE OR CRAFTMANLIKE MANNER TO THE SATISFACTION OF THE OWNER. 4. THE DRAWINGS SHALL NOT BE SCALED TO DETERMINE CONSTRUCTION DIMENSIONS. THE CONTRACTOR AND EACH SUBCONTRACTOR SHALL VERIFY ALL DIMENSIONS PRIOR TO THE EXECUTION OF THE WORK, AND SHALL BE RESPONSIBLE FOR THE CORRECT AND ACCURATE LAYOUT AND CONSTRUCTION OF THE PROJECT. 5. DIMENSIONS ARE TO FACE OF STUD OR CONCRETE UNLESS OTHERWISE NOTED. 6. REFER TO PROJECT OUTLINE SPECIFICATIONS FOR ROOM FINISHES. 7. COORDINATE ELECTRICAL, PLUMBING, AND MECHANICAL WITH STRUCTURAL FRAMING. 8. FOR DATUM INFORMATION, REFER TO SHEET A0.1. 9. IMMEDIATELY NOTIFY ARCHITECT OF ANY DISCREPANCIES. FLOOR PLANS TAKE PRECEDENCE. 10. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ITEMS INCLUDING BUT NOT LIMITED TO: EXAMINATION OF SITE AND DOCUMENTS, ADDENDA, MEANS AND METHODS, CONSTRUCTION SYSTEMS, INSTALLATIONS, BIDDING AND SUBCONTRACTORS. LOCAL JURISDICTIONS OF AUTHORITY, COMPLIANCE WITH THE INTERNATIONAL RESIDENTIAL CODE, AND THE GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. CONTRACTOR SHALL ALSO RETAIN ALL TRADITIONAL RESPONSIBILITIES FOR THE PROPER EXECUTION OF THE CONSTRUCTION OF THE PROJECT, INCLUDING BUT NOT LIMITED TO ESTIMATING, PURCHASING, LABOR COORDINATION, COST SCHEDULE, QUALITY, SAFETY, GENERAL MANAGEMENT FOR THE PROJECT AND SUBSEQUENT WARRANTY AND LIABILITY ISSUES. 11. CONSTRUCTION DETAILS ARE PROVIDED FOR DESIGN INFORMATION AND THE MEANS, METHOD AND FUNCTION OF THE DETAILS AND SYSTEMS ARE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR AND SUB-CONTRACTORS. 12. PROVIDE ALL NECESSARY BLOCKING IN ALL STUD WALLS AND CEILINGS. LOCATIONS INCLUDE BUT ARE NOT LIMITED TO TOILETS, TOILET ACCESSORIES, CEILING AND WALL MOUNTED ELECTRICAL FIXTURES, SHELVES, CLOSEST RODS, CABINETRY, COUNTERTOPS, STAIR HANDRAILS, GRAB BARS, RAILINGS, AND FALSE BEAMS. 13. THE CONTRACTOR SHALL PROVIDE SAFETY GLAZING PER INTERNATIONAL BUILDING/RESIDENTIAL CODE REQUIREMENTS, SECTION R308.4. 14. THE CONTRACTOR SHALL PROVIDE WINDOW FALL PROTECTION PER INTERNATIONAL BUILDING/RESIDENTIAL CODE REQUIREMENTS, SECTION R312.2. 15. ALL WINDOW AND DOOR HEADER HEIGHTS AND HEADER HEIGHTS TO BE VERIFIED ONCE MANUFACTURER(S) IS/ARE SELECTED. 16. LOCATE ALL TRANSITIONS FROM CARPET TO TILE, VINYL, OR WOOD AT INTERIOR DOORS UNDER THE CENTERLINE OF THE DOOR IN THE CLOSED POSITION. 17. CONTRACTOR TO INSTALL SMOKE ALARMS IN ACCORDANCE WITH IRC R314.3 SMOKE ALARMS TO BE INTERCONNECTED IN ACCORDANCE WITH IRC R314.4. WHERE NATURAL GAS, PROPANE, OR OTHER FOSSIL-BURNING FUELS, INCLUDING WOOD, ARE USED IN THE RESIDENCE, OR THE RESIDENCE HAS AN ATTACHED GARAGE, CARBON-MONOXIDE DETECTORS SHALL ALSO BE PROVIDED PER SECTION R315. COMBINATION SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS MAY BE USED IN ACCORDANCE WITH IRC SECTIONS R314 AND R315. 18. PROVIDE FOR A STANDARD 13-R RESIDENTIAL FIRE SUPPRESSION SYSTEM THROUGHOUT THE ENTIRE HOUSE AS REQUIRED BY THE AUTHORITIES HAVING JURISDICTION. SYSTEM TO BE DESIGN-BUILD BY THE FIRE SUBCONTRACTOR. SHOP DRAWINGS TO BE PROVIDED TO THE ARCHITECT, AND LOCAL JURISDICTION AS REQUIRED, FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION OF THE FIRE SUPPRESSION SYSTEM. 19. CONTRACTOR SHALL BE RESPONSIBLE FOR FOLLOWING ALL RULES AND REGULATIONS THAT APPLY TO THIS PROPERTY, INCLUDING BUT NOT LIMITED TO REQUIREMENTS OF THE INTERNATIONAL BUILDING/RESIDENTIAL CODE, OSHA, AND AUTHORITIES HAVING JURISDICTION. PROJECT INFORMATION LEGAL DESCRIPTION: Subdivision: CITY AND TOWNSITE OF ASPEN Block: 111 Lot: P PROJECT DESCRIPTION HISTORIC VICTORIAN INTERIOR REMODEL WITH FULL BASEMENT AND REAR ADDITION ADDRESS: 820 E. COOPER AVE., ASPEN, CO 81611 PARCEL NO: 273718228005 ACCOUNT NO: R000565 OWNER: LAUREN E BULLARD 820 E COOPERASPEN, CO 81611 AUTHORITIES HAVING JURISDICTION(AHJ): CITY OF ASPEN, COLORADO PITKIN COUNTY, COLORADOSTATE OF COLORADO ASBESTOS ABATEMENT VICINITY MAP DATUM REFERENCE 7938.00' ON THE SITE PLAN/SURVEY = 100'-0" ON THE DRAWINGS ZONING AND BUILDING CODE INFORMATION APPLICABLE CODES: 2015 IRC, 2015 IECC, 2014 NEC ZONING INFORMATION: ZONING R/MF HEIGHT LIMIT 25'-0"FRONT YARD SETBACK 10'-0"SIDE YARD SETBACK 5'-0"REAR YARD SETBACK 10'-0"LOT AREA 2,999.0 SQ FTALLOWABLE FLOOR AREA 2,399.2 SQ FT BUILDING TYPE AND OCCUPANCY TYPE OF PROJECT: SINGLE FAMILY RESIDENTIAL TYPE OF BUILDING: 1-STORY PLUS BASEMENT TYPE OF CONSTRUCTION: V-B OCCUPANCY: IRC, SINGLE FAMILY RESIDENTIAL (R-3) FIRE SUPPRESSION: NO/NOT REQ'DFIRE AREA:--- SQ FT SNOWMELT: NOSNOWMELT AREA: N/A DESIGN CRITERIA PER CITY OF ASPEN GROUND SNOW LOAD:100 PSF WIND SPEED/EXPOSURE CATEGORY 89/BSEISMIC DESIGN CATEGORY C WEATHERING SEVEREFROST LINE DEPTH 36" TERMITE 0 - SLIGHTDECAY0 - SLIGHT WINTER DESIGN TEMP.-15 DEG. FSUMMER DESIGN TEMP.82 DEG. F ICE SHIELD UNDERLAYMENT REQ. YESFLOOD HAZARDS SEC. 8.20.020(bb) AIR FREEZING INDEX 2000MEAN ANNUAL TEMPERATURE 40 DEG. F CLIMATE ZONE 7 INTELLECTUAL PROPERTY ALL COPYRIGHTABLE WORK PROVIDED SHALL BE CONSIDERED "INTELLECTUAL PROPERTY." F&M ARCHITECTS LLC HOLDS AN INTEREST IN THE INTELLECTUAL PROPERTY THAT IS PROVIDED. REUSE OF ANY PORTION OF SERVICES PROVIDED IS PROHIBITED WITHOUT WRITTEN CONSENT OF F&M ARCHITECTS LLC. A1.1A1.2 A2.1A2.2 A2.3A2.4 A3.1 A3.2A3.3 A3.4 A4.1 A4.2 R1.0R2.1 R2.2 ARCHITECTURAL SITE PLANLANDSCAPE PLAN FOUNDATION FLOOR PLANSMAIN LEVEL FLOOR PLANS UPPER LEVEL FLOOR PLANSROOF PLANS BUILDING ELEVATIONS BUILDING ELEVATIONSBUILDING ELEVATIONS BUILDING ELEVATIONS BUILDING SECTIONS BUILDING SECTIONS RENDERINGSRENDERINGS RENDERED ELEVATIONS 820 E COOPER AVEHWY 82 SUR SURVEY C.01 GRADING AND DRAINAGE Z-004Z-009 Z-011Z-012 Z-013 SUMMARYDEMO CALCULATIONS EXISTING FARPROPOSED FAR HISTORIC FLOOR AREA COMPARISON 135 Allowable Floor Area 820 E COOPER AVE Allowable Floor Area Unique Approvals Variances Exemptions Garage Exemption Deck Exemption Floor Area Summary Basment Level Level 1 Garage (located on Level 1) Level 2 Deck Area ADU Total Existing Gross (Sq Ft) 134.0 921.4 0 422.5 0 0.0 1477.9Thursday, August 24, 2023820 EAST COOPERSUMMARY JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 Z-004820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 PER R-MF ZONE DISTRICT | MIN. NET LOT AREA 3,000 S.F. (HISTORIC LOT) 80 S.F. OF FLOOR AREA PER EACH 100 S.F. NET LOT AREA = MAXIMUM OF 2,400 S.F. FLOOR AREA None. No Variances 336 SF Garage proposed, 43 SF Counts toward floor area [336-250=86/2=43] 359.88 sf exempt (Allowable floor area 2,399.2 sq ft x 15%) Proposed Gross (Sq Ft) 1595.0 1085.1 326.2 458.5 283.8 0.0 3464.8 Proposed Floor Area (Sq Ft) 81.3 (1595 X .051) 1123.2 38.1 408.1 (reduced for stair op'g) 0.0 (359.9 exempt) 0.0 1612.6 3,000 sf. Historic Lot 3,000 sf. Histroic Lot 2,999 sf 2,999 sf 0 sf 0 sf 2,999 sf - 0 sf 2,999 sf Zoning Allowance & Project Summary 820 E Cooper Ave Proposed Development Single Family Residence Parcel #273718228005 Zone District R-MF Setbacks Front Rear East Side West Side Combined Side Distance Between Buildings Corner Lot Supplemental Breakdown Info Net Leasable/Comm SQ FT Open Space % Site Coverage On-Site Parking Site Coverage Gross Lot Area (sq ft) Area of Building Footprint (sq ft) Site Coverage % Transferable Development Right (TDR) Received TDR Certificate Sent TDR Certificate Transferred TDR Certificate Creation Land Value Summary Land Improvements Total Existing 10ft 9in 36'-9 1/2" ft 5 ft 0 in 4 ft 5 1/2 in n/a n/a No Existing 2 Existing 2,999 928 31% No No No 3 Actual Value $2,047,500 $670,000 $2,717,500 Allowed (Principal) 10 ft 10 ft 5 ft 5 ft 10 ft 5 ft Required Not Required for Residential Not Required No limitation 2 Proposed (Principal) 10ft 9in 10 ft(Upper and Lower Level) 5 ft 0 in 4 ft 5 1/2 in 10 ft n/a Proposed n/a n/a n/a 2 Proposed 2,999 1,764 59% Net Lot Area 820 E Cooper Ave Zone District Requirements Min. Gross Lot Area (per R-MF) Min. Net Lot Area (per R-MF) Lot Size Per Survey Reductions for area with slopes 0%-20% (100% of parcel area to be included in Net Lot Area) Reductions for area with slopes 20%-30% (50% of parcel area to be included in Net Lot Area) Reductions for area with slopes greater than 30% (0% of parcel area to be included in Net Lot Area) Total Area Reductions Net Lot Area Reference 26.710.050.D10 26.575.020.D.7 26.575.020.D.4 Reference Z-011, Z-012,13 Z-011, Z-012,13 Z-011, Z-012,13 Z-011, Z-012,13 Z-011, Z-012,13 n/a Z-011, Z-012,13 Existing Floor Area (Sq Ft) 0 921.4 0 220.0 0.0 0.0 1141.4 Reference 26.710.050 26.710.050 26.515.040 26.575.020.G Reference Pitkin County Assessor Pitkin County Assessor Pitkin County Assessor Allowed (Garage) 15 ft 5 ft 5 ft 5 ft 10 ft 5 ft Proposed (Garage) 71 ft 10 1/2in 5 ft 5 ft 5 ft 10 ft n/a WSO G GG 793779387 9 3 7 793 7 79367936 7937 79377 9 3 6 IVBIVB IVB IVB 10'-0"5'-0" 5'-0"HEAT PUMPCONDENSER UNITHEAT PUMPCONDENSER UNITK I N G OFFIC E 006 9'0" x 1 3 ' 4 " LNDRY . 007 8'7 1/2" x 6 ' 4 " T.O. SLA B L O W E R L E V E L 88'-0" T.O. SL A B L O W E R L E V E L 86'-6" UP Q U E E N BED 011 13'1" x 1 0 ' 8 " BED 010 9'3" x 1 1 ' 6 " BED 001 12'7" x 1 2 ' 4 " MECH. 0038'7 1/2" x 7 ' 5 1 / 2 " BATH 002 5'0" x 9 ' 4 "E N T E R TA IN M E N T C E N T E R T.O. SLA B L O W E R L E V E L 88'-0" STAIR 005 10'0" x 1 3 ' 0 " 18'-0 3/ 4 " BATH 004 5'0" x 8 ' 0 " CLOS. 011 5'0" x 7 ' 2 " BAR Q U E E N 15" x 15" 15" x 15" BATH 012 5'0" x 9 ' 4 " BUNK B E D S SOFABUNK R O O M 00918'4 1/ 2 " x 1 5 ' 7 " GAME TAB L E T.O. PLY M A I N L E V E L 100'-0"6'-11"6'-1 1/2"T.O. PLY M A I N L E V E L 100'-0" T.O. SLA B @ G A R A G E 98'-0" DN T.O. SLA B 98'-10 1 / 2 " T.O. SLA B @ E D G E 98'-8 1/ 4 " GARAG E 107 13'10" x 2 2 ' 0 " HALL 105 8'11" x 1 6 ' 8 " STAIR 001 KITCH E N 102 12'4" x 1 6 ' 2 " PANTR Y 104 6'4" x 6' 7 " PATIO 108 PATIO 109 diningdesk 5 1/2"10'-0"6'-9 7/8"3'-6"3'-0"3'-6"+7936.0' +7936.0' 79 3 6 . 0 ' + 7936.9'+ 7937.0'+ +7937.0' 7936.75 ' + 7937'+ STAIR 204 STAIR 106 b e n c h 7938.0' + 7938.0' Ø 3'-6" B E N C HB E N C HT V B O O K C A S E 7937.0' + 7937.0' 7936.9'+ +7936.5 ' +7937.5 ' 7936.0' 7937.0'+ 7936.5'+ 7936.0' + T.O. SLA B @ G A R A G E 98'-0" BAR POWD E R 103 5'4" x 5 ' 0 " LIVING 101 7936.0' + 7935.75 ' + 8'-6" PARKIN G 18'-0"PARKINGT.O. PLY M A I N L E V E L 99'-0"5 1/2"21'-11"5 1/2"4" 13'-8 1/ 2 " 7" DN UP 10'-6" UP 9'-10"DNDN 12'-6"4'-3 3/4"5 1/2"NEW A D D I T I O N HISTORI C PROPSOSED SITE COVERAGE SCALE: 1/16" = 1'-0"3 1764 SF IVBIVB IVB IVB WSO G E G GG 793779387 9 3 7 793 7 79367936 7937 79377 9 3 6 LIVING DRWG E UP D N KITCH E N M. BAT H M. BED BATH MUDR O O M T.O. PLY M A I N L E V E L - E X I S T I N G 7937'-0 " T.O. PLY M A I N L E V E L - E X I S T I N G 99'-0" NEW A D D I T I O N HISTORI C EXISTING SITE COVERAGE SCALE: 1/16" = 1'-0"1 928 SF 2,399.2 SF Mitigation Floor Area (Sq Ft) 1595.0 1085.1 326.2 408.1 0.0 0.0 3414.4 Percent Demolition 820 E COOPER AVE Demolition in past 10 years:5.32% Proposed Demolition: 15.45% Cumulative Total:20.74% Notes From Permit Permit 0065-2021-BRES Refer to Sheet Z-009 136 Thursday, August 24, 2023820 EAST COOPERARCHITECTURALSITE PLANS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A1.1820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 LOT Q (73.70' R . O . W . ) ALLEY - B L O C K 1 1 1 (20.20' W I D E ) LOT O LOT N LOT RCONCRETE PARKINGSTORAGE SHEDTREE L A W N CONC R E T E C U R B & G U T T E R WINDOW WELLPAVED R O A D W A Y LOT G LOT F LOT E LOT D ADJOINING FRAME BUILDINGWINDOW WELLADJOINING BRICK BUILDINGWSO G GG N31°25'41"E465.84'6.8 793779387 9 3 7 793 7 79367936 7937 79377 9 3 6 IVBIVB IVB IVB HEAT PUMPCONDENSER UNITHEAT PUMPCONDENSER UNITKING OFFICE 006 9'0" x 1 3 ' 4 " LNDRY. 0078'7 1/2" x 6 ' 4 " T.O. SLA B L O W E R L E V E L 88'-0" T.O. SLA B L O W E R L E V E L 86'-6" UP QUEEN BED 01113'1" x 1 0 ' 8 " BED 010 9'3" x 11 ' 6 " BED 001 12'7" x 1 2 ' 4 " MECH. 0038'7 1/2" x 7 ' 5 1 / 2 " BATH 002 5'0" x 9' 4 "ENTERTAINMENT CENTERT.O. SLA B L O W E R L E V E L 88'-0" STAIR 00510'0" x 1 3 ' 0 " 18'-0 3/4" BATH 004 5'0" x 8' 0 " CLOS. 011 5'0" x 7' 2 " BAR QUEEN 15" x 15" 15" x 15" BATH 012 5'0" x 9' 4 " BUNK B E D S SOFABUNK R O O M 00918'4 1/2 " x 1 5 ' 7 " GAME TA B L E T.O. PLY M A I N L E V E L 100'-0" T.O. PLY M A I N L E V E L 100'-0" T.O. SLAB @ G A R A G E 98'-0" DN T.O. SLA B 98'-10 1/ 2 " T.O. SLA B @ E D G E 98'-8 1/4 " GARAG E 10713'10" x 2 2 ' 0 " HALL 1058'11" x 1 6 ' 8 " STAIR 001 KITCHE N 102 12'4" x 1 6 ' 2 " PANTR Y 104 6'4" x 6' 7 " PATIO 108 PATIO 109 diningdesk +7936.0' +7936.0' 79 3 6 . 0 ' + 7936.9'+ 7937.0'+ +7937.0' 7936.75' + 7937'+ STAIR 204 STAIR 106 bench7938.0'+ 7938.0' BENCHBENCH TVBOOK C A S E 7937.0'+ 7937.0' 7936.9'+ +7936.5' +7937.5' 7936.0' 7937.0'+ 7936.5'+ 7936.0'+ T.O. SLA B @ G A R A G E 98'-0" BAR POWDE R 103 5'4" x 5' 0 " LIVING 101 7936.0'+ 7935.75' + 8'-6" PARKING 18'-0"PARKINGT.O. PLY M A I N L E V E L 99'-0" DN UP UPDNDN NEW AD D I T I O N HISTORI C A B 11'-9 3/4 " 8'-10" PROPSOSED SITE PLAN SCALE: 1/8" = 1'-0"1 NO SNOMELT IN APRON NON PERVIOUS HARDSCAPING - ROOFOVER BASEMENT NON PERVIOUSHARDSCAPING NON PERVIOUS HARDSCAPING - ROOF OVER BASEMENT EXISTING LANDSCAPEPAVERS PERVIOUS PAVERS EXISTING FENCE TOREMAIN EXISTING FENCE TO REMAIN EXISTING BRICKFRONT PATH TOREMAIN EXISTING FENCE AND GATE TO REMAIN PROPER T Y L I N E PROPER T Y L I N E SITE PLAN NOTES: 1. ALL LANDSCAPE PAVING TO BE PERVIOUS RE: CIVIL. 2. LIGHT WELLS TO EXTEND MAX. 6" ABOVE FINISH GRADE 3. ALL EXISTING FENCING TO REMAIN OR REPLACED IN KIND 4. RE: CIVIL PLANS FOR STORMWATER MITIGATION AND GRADING EXISTING BOLLARD ELECTRICAL TRANSFOMERON CONCRETE PAD DRYWELL LOCATION RE: CIVIL 10'-9"5'-0"GARAGE10'-0"UPPER LEVEL10'-0"BASEMENTSETBACK - 5 ' G A R A G E SIDE SETBACK - 5'SIDE SETBACK - 5'1 CAR GARAGE SETBAC K - 1 0 ' P E R R / M F SETBACK - 5' PER R/MF5'-0" 4'-5 1/2"SETBACK - 5' PER R/MFADDITIONAL BOLLARD PROPOSED CONCRETE ENTRYSTEP AND LANDING SETBAC K - 1 0 ' P E R R / M F EGRESS WELL W/ GUARDRAIL EGRESS WELL W/ GUARDRAIL EGRESS WELL W/ GUARDRAIL PERVIOUS PAVERS LOT P820 E. C O O P E R A V E PARCE L I D N O . 273718 2 2 8 0 0 5 AREA ± : 2999 S Q . F T . 0.068 A C R E S LOT Q (73.70' R . O . W . ) ALLEY - B L O C K 1 1 1 (20.20' W I D E ) LOT O LOT N LOT R 1 - STORYFRAME HOUSECONCRETE PARKINGG A T E CONCRETE PARKINGSTAIRWELL &STORAGE SHED1.1' TREE L A W N CONC R E T E C U R B & G U T T E R WINDOW WELLSTONE RETAINING WALL (TYP) PAVED R O A D W A Y LOT G LOT F LOT E LOT D ADJOINING FRAME BUILDINGWINDOW WELLADJOINING BRICK BUILDINGIVBIVB IVB IVB WSO WOOD RETAININGWALL (TYP)G E G GG N31°25'41"E465.84'S05°02'20"E3.72.2 7.06.8 37.420.527.80.9 20.25.110.9 5.1793779387 9 3 7 793 7 79367936 7937 79377 9 3 6 FOUND #5 REBAR NO CAP 4" BACKWATERVALVE4" BAC K W A T E R VALVE FOUND #5 REBAR NO CAP 4" BACKWATERVALVE4" BAC K W A T E R VALVE LIVING DRWG E UP DN KITCHE N M. BAT H M. BED BATH MUDR O O M T.O. PLY M A I N L E V E L - E X I S T I N G 7937'-0" T.O. PLY M A I N L E V E L - E X I S T I N G 99'-0" EXISTING SITE PLAN SCALE: 1/8" = 1'-0"2 EXISTING LANDSCAPEPAVERS EXISTING LANDSCAPEPAVERS CONT. EXISTING FENCE TOREMAIN EXISTING FENCE TO REMAIN EXISTING BRICK FRONT PATHTO REMAIN EXISTING FENCE AND GATE TO REMAIN PROPER T Y L I N E SETBACK - 5 ' G A R A G E SETBAC K - 1 0 ' P E R R / M F PROPER T Y L I N E SETBAC K - 1 0 ' P E R R / M FSETBACK - 5' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'GARDEN TO BE REMOVED EXISTING WOOD PLANTER TO BE REMOVED SETBACK - 5' PER R/MF10'-9"5'-0" 4'-5 1/2"36'-9 1/2"EXISTING CONDENSING UNIT 137 Thursday, August 24, 2023820 EAST COOPERFOUNDATION /BASEMENT PLANS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A2.1820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 KING BUILT IN OFFICECLOSETOFFICE 006 9'0" x 13'4"LNDRY. 007 8'7 1/2" x 6'4" T.O. SLAB LOWER LEVEL 88'-0" T.O. SLAB LOWER LEVEL 86'-6" UP QUEEN BED 011 13'1" x 10'8" BED 010 9'3" x 11'6" BED 001 12'7" x 12'4" MECH. 003 8'7 1/2" x 7'5 1/2" BATH 002 5'0" x 9'4"ENTERTAINMENT CENTERT.O. SLAB LOWER LEVEL 88'-0" STAIR 005 10'0" x 13'0" 11 1/2"5'-0"5 1/2"12'-7 1/4"11 1/2"13'-3 5/8"2'-11"6'-5 3/8"3 1/2"2'-7"5 1/2"8'-0"11 1/2"6'-10 3/4"6'-2"8'-3 1/4"5 1/2"4'-8"3'-0"4'-8"11 1/2"12'-3 3/4"12'-7 1/4" 5'-5 1/2"3'-6 1/4"5'-7"3'-6" 18'-0 3/4" 3'-0" 3'-0" 3'-0" 3'-0" BATH 004 5'0" x 8'0" CLOS. 011 5'0" x 7'2" BAR 11 1/2"8'-0"3 1/2"9'-5"5 1/2"8'-0"5 1/2"15'-7"11 1/2"5'-0"3 1/2"13'-1"11 1/2"11'-10 3/4"5 1/2"11'-6"3 1/2"2'-0 1/2"5 1/2"15'-7"11 1/2"QUEEN 5'-0"3 1/2"3'-6"3 1/2"9'-3 1/2"11 1/2" 15" x 15"15" x 15"4'-7 3/4"BATH 012 5'0" x 9'4" BUNK BEDS SOFABUNK ROOM 009 18'4 1/2" x 15'7" GAME TABLE 1 A3.3 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" 1A3.4 1A3.11A3.2 PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 PROPOSED LOWER LEVEL PLAN SCALE: 3/16" = 1'-0"1 1 A4.1 1 A4.2 1 A4.2 3 A4.1 2 A4.1 EX. CRAWL SPACE EX. CRAWL SPACE EX. MECH ROOM 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 EXISTING CRAWLSPACE AND FOUNDATION PLAN SCALE: 3/16" = 1'-0"2 NOTES:1. EXISTING CRAWL SPACES, MECH ROOM, AND FOUNDATION TO BE REMOVED 138 Thursday, August 24, 2023820 EAST COOPERMAIN LEVEL PLANS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A2.2820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 KING OFFICE 006 9'0" x 13'4"LNDRY. 007 8'7 1/2" x 6'4" T.O. SLAB LOWER LEVEL 88'-0" T.O. SLAB LOWER LEVEL 86'-6" UP QUEEN BED 011 13'1" x 10'8" BED 010 9'3" x 11'6" BED 001 12'7" x 12'4" MECH. 003 8'7 1/2" x 7'5 1/2" BATH 002 5'0" x 9'4"ENTERTAINMENT CENTERT.O. SLAB LOWER LEVEL 88'-0" STAIR 005 10'0" x 13'0" 18'-0 3/4" BATH 004 5'0" x 8'0" CLOS. 011 5'0" x 7'2" BAR QUEEN 15" x 15"15" x 15"BATH 012 5'0" x 9'4" BUNK BEDS SOFABUNK ROOM 009 18'4 1/2" x 15'7" GAME TABLE T.O. PLY MAIN LEVEL 100'-0"6'-11"6'-1 1/2"T.O. PLY MAIN LEVEL 100'-0" T.O. SLAB @ GARAGE 98'-0" DN T.O. SLAB 98'-10 1/2" T.O. SLAB @ EDGE 98'-8 1/4" GARAGE 107 13'10" x 22'0" HALL 105 8'11" x 16'8" STAIR 001 KITCHEN 102 12'4" x 16'2" PANTRY 104 6'4" x 6'7" PATIO 108 PATIO 109 diningdesk 5 1/2"10'-0"6'-9 7/8"3'-6"3'-0"3'-6"+7936.0'+7936.0' 793 6 . 0 ' + 7936.9'+ 7937.0'+ +7937.0' 7936.75'+ 7937'+ STAIR 204 STAIR 106 bench7938.0'+ 7938.0' Ø 3'-6" BENCHBENCH TVBOOK CASE 7937.0'+ 7937.0' 7936.9'+ +7936.5'+7937.5' 7936.0' 7937.0'+ 7936.5'+ 7936.0'+ T.O. SLAB @ GARAGE 98'-0" BAR POWDER 103 5'4" x 5'0" LIVING 101 7936.0'+ 7935.75'+ 8'-6" PARKING 18'-0"PARKINGT.O. PLY MAIN LEVEL 99'-0"5 1/2"21'-11"5 1/2"4"13'-8 1/2"7" DN UP 10'-6"UP 9'-10"DNDN 12'-6"4'-3 3/4"5 1/2"1 A3.3 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" 1A3.4 1A3.11A3.2 PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 MAIN LEVEL PLAN - PROPOSED SCALE: 3/16" = 1'-0"1 1 A4.2 1 A4.2 1 A4.1 10'-9"FRONT SETBACK10'-0"REAR SETBACK5'-0"GARAGE SETBACK4'-5 1/2" SIDE 5'-0 1/4" SIDE 71'-10 1/2"3 A4.1 2 A4.1 LIVING DRWGE UP DN KITCHEN M. BATH M. BED BATH MUDROOM T.O. PLY MAIN LEVEL - EXISTING 7937'-0" T.O. PLY MAIN LEVEL - EXISTING 99'-0"44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 MAIN LEVEL PLAN - EXISTING SCALE: 3/16" = 1'-0"2 EXISTING ADDITION TO BE REMOVED 10'-9"139 Thursday, August 24, 2023820 EAST COOPERUPPER LEVEL PLANS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A2.3820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 KING M. BED 201 10'10" x 14'2" M. CLOSET 203 5'4" x 9'7" DN STAIR 106 ROOF DECK 204 8'10" x 11'4" 5 1/2"11'-5 1/4"5 1/2"6'-6"5 1/2" 14'-2 3/4"4'-3 1/2"OPEN10'-0"REAR SETBACK19'-3 3/4"21'-10"28'-2"13'-0 1/2"12'-3 3/4"6'-1"3'-6"3'-0 1/2"5 1/2"10'-10 1/4"5 1/2"9'-7 1/4"5 1/2"STAIR 204 12'-8 1/4"5 1/2"12'-5 1/2"5 1/2"4'-3 1/4"10'-6 1/4"M. BATH 202 12'7" x 9'7" sto. shlv.NICHEsto. 2'-6"9'-10"4'-7 3/4"3'-0" skylight abv. DN 1 A3.3 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" 1A3.4 1A3.11A3.2 PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 UPPER LEVEL PLAN - PROPOSED SCALE: 3/16" = 1'-0"1 9 1/4":12"9 1/4:12" 3 1/412" 9 1/4:12"9 1/4:12" 1 A4.1 1 A4.2 1 A4.2 3 A4.1 2 A4.1 42'-5 1/2"50'-5 3/4"56'-9 1/2"10'-9"T.O. PLY UPPER LEVEL 108'-8 1/4" OPEN TO BELOW DN ATTIC SPACE44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 UPPER LEVEL PLAN - EXISTING SCALE: 3/16" = 1'-0"2 3 1/4":12" 9 1/4":12"9 1/4":12" 4 3/4":12"8":12"EXISTING ADDITION TO BE REMOVED 140 Thursday, August 24, 2023820 EAST COOPERROOF PLANS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A2.4820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 KING BUILT IN OFFICECLOSETOFFICE 006 9'0" x 13'4"LNDRY. 007 8'7 1/2" x 6'4" T.O. SLAB LOWER LEVEL 88'-0" T.O. SLAB LOWER LEVEL 86'-6" UP QUEEN BED 011 13'1" x 10'8" BED 010 9'3" x 11'6" BED 001 12'7" x 12'4" MECH. 003 8'7 1/2" x 7'5 1/2" BATH 002 5'0" x 9'4"ENTERTAINMENT CENTERT.O. SLAB LOWER LEVEL 88'-0" STAIR 005 10'0" x 13'0" 18'-0 3/4" BATH 004 5'0" x 8'0" CLOS. 011 5'0" x 7'2" BAR QUEEN 15" x 15"15" x 15"BATH 012 5'0" x 9'4" BUNK BEDS SOFABUNK ROOM 009 18'4 1/2" x 15'7" GAME TABLE KING M. BED 201 10'10" x 14'2" M. CLOSET 203 5'4" x 9'7" DN STAIR 106 ROOF DECK 204 8'10" x 11'4"OPEN19'-3 3/4" STAIR 204 M. BATH 202 12'7" x 9'7" sto. shlv.NICHEsto. skylight abv. DN 1 A3.3 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" 1A3.4 1A3.11A3.2 PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 1 2 3 B C 6 PROPOSED ROOF PLAN SCALE: 3/16" = 1'-0"1 1 A4.1 1 A4.2 1 A4.2 9":12"9":12" 9":12"9":12" STANDING SEAM METAL ROOF MATCH EXISTING K STYLE GUTTER MATCH EXISTING K STYLE GUTTER 9 1/4":12"9 1/4:12" 3 1/412" ADD K STYLE GUTTER. SAME STYLE AND FINISH AS EXISTING WEST SIDE. EXISTING ASPHALT SHINGLE ROOF EXISTING K STYLEGUTTER TO REMAIN EXISTING K STYLE GUTTER TO REMAIN EXISTING ASPHALT SHINGLE ROOF 9 1/4:12"9 1/4:12" FLAT ROOF EXISTING ASPHALT SHINGLE ROOF NEW CHIMNEY FLUE NEW ROOF VENT 3 A4.1 2 A4.1 3":12" SKYLIGHT 44'-4"NEW ADDITION HISTORIC 2'-6"2'-6 1/4"7'-3 3/4"7'-7 3/4"16'-9 1/2"17'-8 5/8"5'-4"27'-8 3/8"9'-8 1/2"6'-11"16'-9 1/2"23'-0 5/8"19'-11 3/4" PROPERTY LINE SETBACK - 5' GARAGE SETBACK - 10' PER R/MF FRONT SETBACK - 10' PER R/MFSIDE SETBACK - 5'SIDE SETBACK - 5'A D E 4 5 7 B C 1 2 3 6 EXISTING ROOF PLAN SCALE: 3/16" = 1'-0"2 9 1/4"/12"9 1/4"/12" 3 1/4":12" 9 1/4":12"9 1/4":12" 4 3/4":12"8":12" EXISTING K STYLEGUTTER TO REMAIN EXISTING ASPHALT SHINGLE ROOF EXISTING ASPHALT SHINGLE ROOF EXISTING ASPHALT SHINGLE ROOF EXISTING ASPHALT SHINGLE ROOF EXISTING ADDITION TO BE REMOVED 141 Thursday, August 24, 2023820 EAST COOPERBUILDINGELEVATIONS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A3.1820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 EXISTING SOUTH ELEVATION SCALE: 1/4" = 1'-0"2 1 T.O. PLY AT ENTRY EXISTING 99'-0" T.O. PLY UPPER LEVEL 108'-0" T.O. PLY AT ENTRY 100'-0" FRONT/SOUTH ELEVATION SCALE: 1/4" = 1'-0"1 2 1 T.O. SLAB 88'-0" Direct vent chimney 2'-6"minEGRESS WELL GUARDRAIL KEEP POST 3" OFF OF FINISH SIDING EGRESS WELL GUARDRAIL KEEP POST 3" OFF OF FINISH SIDING *PREVIOUS ROOF LINE MATERIAL KEY SIDING: 1. EXISTING WOOD LAP SIDING-PAINT: MATCH EXISTING-REPLACE IN-KIND @ ADDITION 2. NEW WOOD RAIN SCREEN-STAIN PER PREVIOUS APPROVAL 3. METAL PANELING-ALUCOBOND - COLOR: BLACK ROOFING: 4. EXISTING ASPHALT SHINGLE -MAINTAIN OR REPLACE IN-KIND 5. NEW STANDING SEAM METAL ROOFING:-COLOR: DARK GRAY TBD METALS: 6. WINDOWS, RAILINGS, FLASHING-BLACK NON-POLISHED, NON-METALLIC NOTES 1. ALL HISTORIC SIDING, FASCIA, TRIM AND WINDOWS TO REMAIN. 2. ANY REPLACEMENT MATERIALS MUST FIRST BE APPROVED BY ARCHITECT WHO WILL SEEK HPC APPROVAL 142 Thursday, August 24, 2023820 EAST COOPERBUILDINGELEVATIONS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A3.2820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 MATERIAL KEY SIDING: 1. EXISTING WOOD LAP SIDING-PAINT: MATCH EXISTING-REPLACE IN-KIND @ ADDITION 2. NEW WOOD RAIN SCREEN-STAIN PER PREVIOUS APPROVAL 3. METAL PANELING-ALUCOBOND - COLOR: BLACK ROOFING: 4. EXISTING ASPHALT SHINGLE -MAINTAIN OR REPLACE IN-KIND 5. NEW STANDING SEAM METAL ROOFING:-COLOR: DARK GRAY TBD METALS: 6. WINDOWS, RAILINGS, FLASHING-BLACK NON-POLISHED, NON-METALLIC NOTES 1. ALL HISTORIC SIDING, FASCIA, TRIM AND WINDOWS TO REMAIN. 2. ANY REPLACEMENT MATERIALS MUST FIRST BE APPROVED BY ARCHITECT WHO WILL SEEK HPC APPROVAL ADDITION - NORTH ELEVATION SCALE: 1/4" = 1'-0"1 ADEBC 8'-4 1/2"6'-5"2'-5 1/4"2'-9" 14'-9 1/2"5'-2 1/4" 19'-11 3/4" T.O. SLAB 88'-6" T.O. SLAB 87'-0" T.O. PLY UPPER LEVEL 108'-0" T.O. SLAB @ GARAGE 98'-0"21'-9 3/8"BUIDLING HEIGHT2 3 2 T.O. PLY @ HISTORIC 100'-0" 1 3 EGRESS WELL GUARDRAIL KEEP POST 3" OFF OF FINISH SIDING EGRESS WELL GUARDRAIL KEEP POST 3" OFF OF FINISH SIDING 21'-0 1/2"BUIDLING HEIGHT*PREVIOUS ROOF LINE EXISTING NORTH ELEVATION SCALE: 1/4" = 1'-0"2 EXISTING ADDITION TO BE REMOVED 1 EX. T.O. PLY @ HISTORIC 99'-0" 143 Thursday, August 24, 2023820 EAST COOPERBUILDINGELEVATIONS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A3.3820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 123 EAST ELEVATION SCALE: 1/4" = 1'-0"1 T.O. PLY UPPER LEVEL 108'-0" T.O. PLY AT ENTRY 99'-0" T.O. SLAB @ GARAGE 98'-0"NEW ADDITIONHISTORIC6'-1 1/2"10'-9 1/2"17'-8 1/2"5'-4"MAX HEIGHT LIMIT PER R/MF ZONE5 2 4 5 3 4 1 T.O. SLAB @ GARAGE 87'-6" T.O. PLY 100'-0" T.O. SLAB 88'-0" 456 37'-5"6'-11" EGRESS WELL GUARDRAIL EGRESS WELL GUARDRAIL3'-0"MIN3'-0"MINEGRESS WELL GUARDRAIL 3'-0"MIN*PREVIOUS ROOF LINE 6 MATERIAL KEY SIDING: 1. EXISTING WOOD LAP SIDING-PAINT: MATCH EXISTING-REPLACE IN-KIND @ ADDITION 2. NEW WOOD RAIN SCREEN-STAIN PER PREVIOUS APPROVAL 3. METAL PANELING-ALUCOBOND - COLOR: BLACK ROOFING: 4. EXISTING ASPHALT SHINGLE -MAINTAIN OR REPLACE IN-KIND 5. NEW STANDING SEAM METAL ROOFING:-COLOR: DARK GRAY TBD METALS: 6. WINDOWS, RAILINGS, FLASHING-BLACK NON-POLISHED, NON-METALLIC NOTES 1. ALL HISTORIC SIDING, FASCIA, TRIM AND WINDOWS TO REMAIN. 2. ANY REPLACEMENT MATERIALS MUST FIRST BE APPROVED BY ARCHITECT WHO WILL SEEK HPC APPROVAL EXISTING EAST ELEVATION SCALE: 1/4" = 1'-0"2 EXISTING ADDITION TO BE REMOVED EX. T.O. PLY @ HISTORIC 99'-0" 1 4 144 Thursday, August 24, 2023820 EAST COOPERBUILDINGELEVATIONS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 A3.4820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 MATERIAL KEY SIDING: 1. EXISTING WOOD LAP SIDING-PAINT: MATCH EXISTING-REPLACE IN-KIND @ ADDITION 2. NEW WOOD RAIN SCREEN-STAIN PER PREVIOUS APPROVAL 3. METAL PANELING-ALUCOBOND - COLOR: BLACK ROOFING: 4. EXISTING ASPHALT SHINGLE -MAINTAIN OR REPLACE IN-KIND 5. NEW STANDING SEAM METAL ROOFING:-COLOR: DARK GRAY TBD METALS: 6. WINDOWS, RAILINGS, FLASHING-BLACK NON-POLISHED, NON-METALLIC NOTES 1. ALL HISTORIC SIDING, FASCIA, TRIM AND WINDOWS TO REMAIN. 2. ANY REPLACEMENT MATERIALS MUST FIRST BE APPROVED BY ARCHITECT WHO WILL SEEK HPC APPROVAL 1 2 3 T.O. PLY. MAIN LEVEL 100'-0" T.O. PLY UPPER LEVEL 108'-0" T.O. PLY AT ENTRY 99'-0" T.O. SLAB @ GARAGE 98'-0" B.O. HEADER 107'-8" =7935'-10 1/4" WEST ELEVATION SCALE: 1/4" = 1'-0"1 NEW ADDITIONHISTORICB.O. HEADER 106'-0" B.O. HEADER 115'-0" 5'-4"17'-8 1/2"4'-5 1/2"12'-4 1/4"20'-10 1/2"BUILDING HEIGHT4 1 5 3 5 2 2 4 5 6 T.O. SLAB 88'-0" 6'-11"37'-5" *PREVIOUS ROOF LINE EXISTING WEST ELEVATION SCALE: 1/4" = 1'-0"2 EXISTING ADDITION TO BE REMOVED 145 Thursday, August 24, 2023820 EAST COOPERRENDERINGS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 R1.0820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 ANGLED PERSPECTIVE2 FRONT PERSPECTIVE1 146 Thursday, August 24, 2023820 EAST COOPERRENDERINGS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 R2.1820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 PERSPECTIVE 1 Scale: 1/2" = 1'-0"1 PERSPECTIVE 2 Scale: 3/8" = 1'-0"2 PERSPECTIVE 3 Scale: 1/2" = 1'-0"3 PERSPECTIVE 4 Scale: 1/2" = 1'-0"4 147 Thursday, August 24, 2023820 EAST COOPERRENDERINGS JOB NO:PRINTED:820 East Cooper-HPC REV 2.vwx21084 R2.2820 E COOPER AVEASPEN, CO 81611SHEET NO.COPYRIGHT 2023 F&M Architects, LLC PO Box 6762 • 15 Kearns Rd. Snowmass Village, CO 81615 info@fandmarchitect.com 970.987.2707DATEISSUE SHEET NAME. 07.27.22PRE APP 02/20/23LAND USE COORD. 03/15/23LAND USE SET 06/13/23LAND USE REV 1 08/24/23LAND USE REV 2 EAST ELEVATION SCALE: 1/4" = 1'-0"1 T.O. PLY UPPER LEVEL 108'-0" T.O. PLY AT ENTRY 99'-0" T.O. SLAB @ GARAGE 98'-0"NEW ADDITIONHISTORICT.O. PLY 100'-0" 6'-1 1/2" EAST CONNECTOR T.O. PLATE 115'-0" PREVIOUS OUTLINE T.O. PLY. MAIN LEVEL 100'-0" T.O. PLY UPPER LEVEL 108'-0" T.O. PLY AT ENTRY 99'-0" T.O. SLAB @ GARAGE 98'-0"=7935'-10 1/4" WEST ELEVATION SCALE: 1/4" = 1'-0"2 NEW ADDITIONHISTORIC12'-4 1/2" CONNECTOR T.O. PLATE 116'-0" PREVIOUS OUTLINE 148 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Peter Fornell, Roger Moyer, Jodi Surfas, Kim Raymond, and Kara Thompson. Absent was Jeffrey Halferty, Barb Pitchford and Riley Warwick. Staff present: Amy Simon, Planning Director Kirsten Armstrong, Principal Planner Historic Preservation Haley Hart, Long Range Planner Sophie Varga, Planner I Ben Anderson, Deputy Jim True, City Attorney Mike Sear, Deputy City Clerk MINUTES: None PUBLIC COMMENTS: None COMMISSION MEMBER COMMENTS: Mr. Moyer mentioned the “No Problem Joe” house and said he was riding by and noticed that watering system was drenching the outside of the house. He also commented on a garage door entrance to the Police department on the alley behind the Concept 600 building that he said was only supposed to be used in an emergency. He has seen it being used constantly this summer. Ms. Surfas entered the meeting. DISCLOSURE OF CONFLICTS OF INTEREST: Ms. Thompson noted that herself and Ms. Raymond were both conflicted on the first agenda item and would be leaving the meeting when they got to it. PROJECT MONITORING: Ms. Simon went over a few monitoring items that she had been working with Ms. Thompson on. STAFF COMMENTS: Ms. Armstrong noted that both herself and Ms. Simon would be absent for the 9/27 meeting and because of that they would be cancelling it. CERTIFICATE OF NO NEGATIVE EFFECT: Ms. Armstrong noted that a stream margin review and certificate of no negative effect had been approved for 1008 E Hopkins. She went over the planned work at the site. CALL UP REPORTS: Ms. Simon noted a few items that would be going before City Council at their next regular meeting. Ms. Simon then brought up some issues with the order of agenda items for today’s meeting due to some members being conflicted and the applicant’s and staff’s schedules and timeframes. 149 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Mr. True said that he reviewed public notice, and that notice was provided per the code for both the agenda items. Knowing that Ms. Thompson was recusing herself for the first agenda item, the board designated Mr. Moyer as acting chair for this item. Ms. Thompson and Ms. Raymond left the meeting. Mr. Moyer expressed his thoughts about applications that come in front of HPC in which the applicant should be told by staff that they would not fly. He said some applications go completely against what HPC is working towards. He thought staff needed to be firmer with applicants to not come in with applications that are totally unacceptable. Ms. Simon said that they try to coach applicants, but they are not the decision maker, and the applicant has the right to appear in front of the Board. NEW BUSINESS: 820 E. Cooper Avenue - Conceptual Major Development, Relocation, Variations, TDRs - PUBLIC HEARING Applicant Presentation: Sara Adams – Bendon Adams Ms. Adams started her presentation and introduced the owners of the property and the architect. She then went over their requests for this property. They are looking to lift the house in order to add a basement under the existing house and also to add a small addition including a one car garage to the rear of the historic resource. They would be asking to temporarily relocate the historic resource to dig the basement, to demolish a non-historic rear addition and they were also asking for setback variations for the historic resource and the new addition and also the establishment of two TDRs. She then let the owners introduce themselves and go over some of their background and reasoning for their requests. Ms. Adams went on to describe details of the lot, property, and the context of the neighborhood, showing a few pictures of other surrounding properties, some being similar to this project. She then moved on to describe the previous restoration efforts that have already occurred on the historic asset. She then showed the existing and proposed site plans and went over the current conditions. Next, she detailed the proposed changes to the historic resource and a few items that would be considered at final review. She also detailed the proposed lightwells and discussed staff’s request to put them all on one side of the house. She said that because of existing tree roots, they did not propose to do this. They are requesting to leave the lightwells as designed. She then highlighted the non-historic addition that they plan to remove. She then showed the proposed floor plans and pointed out the historic resource in these plans. She also pointed out the proposed new addition highlighting the set of stairs that would lead down to the basement and a set that would lead up to the second floor of the addition. She detailed some of the existing distances on the lot, including the front setback and the historic resource and noted that you get over halfway back into the lot before you have space for any new additions. She said that these conditions are the reason for the configuration of the proposed new addition and connector. She went on to go over the proposed connecting element and the reasons for why it is staggered. She noted that the proposed connector is about 17 feet on the more visible west side and about 6 feet on the less visible east side. She wanted to note, in context of the lot, how far back the new addition would be. The addition would be 67’ 6” feet for the front property line. 150 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 In response to the staff memo, they had come up with an option B that creates a full 10-foot connector but noted that in this option everything gets pushed back into the rear setback and the garage gets shortened. She noted that this is not the preferred option for the applicant. She moved on to detailing the height of the addition and windows as they were concerns of staff. The first-floor garage was proposed to be the minimum height. The tallest point of the addition, as measured at the alley would be 22’ 6”, compared to the maximum allowable height for the zone of 25’. She then went over some details of the proposed roof form, materials and fenestration of the new addition and noted that they, in reference to the guidelines, were relating the roof form and materials to the historic resource and diverting on the fenestration. Referencing the design guidelines, Ms. Adams highlighted a few of them and noted that they believe the project complies with the intent of the guidelines overall. She also noted that the floor area of the historic resource would be 260 square feet more that the new addition floor area above grade. Next, she went over their setback variation requests. One was for the historic location of the resource and the other for a 2-foot rear yard variation for the upper level of the addition. She then noted that because the total proposed square footage would be about 740 square feet under the allowable floor area, they are also requesting 2 TDRs to help fund the project. She went over a few of the conditions included in the resolution and their plans related to them. Ms. Adams finished up by reviewing the project and their proposals. Staff Presentation: Kirsten Armstrong, Principal Planner Historic Preservation Ms. Armstrong began her presentation by going over some background of the property and details of the applicant’s proposals and requests. Next, she showed a few historical pictures of the property and described the history of the historic resource and previous restoration efforts taken. She then showed the existing elevations and conditions. She moved on to the major development request and the details of the proposed new addition referencing the applicable historic preservation guidelines. She went over staff’s concerns with guidelines 10.3, 10.4, and 10.8, especially related to the size and scale of the addition and noted that staff believes this warrants additional consideration. She also noted staff’s concerns with the configuration of the connecting element. She then stated that the applicant had provided an option B which she said answered one of staff’s concerns, as it provides a full 10-foot connecting element, meeting guideline 10.9. Due to the overall size and scale of the addition, she noted that staff maintains concerns that the addition does not meet design guidelines 10.3, 10.4 and 10.8. Staff is asking for a continuance to refine option B to provide more context study and to better understand the overall picture. She showed elevations of both options, pointing out a line 10-feet from the historic resource to highlight how small the connecting element is in option A on the east elevation. She moved on to the relocation request to dig the proposed basement and noted that the historic resource would be placed back in its historic location once the basement is finished. She said that staff finds the relocation criteria to be met. 151 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 She then went over the applicant’s setback variation requests on the site, referencing the related guidelines. Staff supports the requested west side yard variation but does not support the rear setback variation. She then talked about the two requested TDRs that would total 500 square feet and noted that in both options the applicant has shown that there is enough remaining floor area to accommodate the requested TDRs. Staff finds the criteria for the TDR establishment is met. She finished by going over the four requests and noted that staff recommends continuation for further study of option B for the major development and the rear yard setback variation request but finds the criteria to be met for the relocation, west side yard setback request and the TDRs. Mr. Fornell asked if any HPC members who are not present at this meeting, would be recused at a continued meeting. It was mentioned that a few additional HPC members, not present today, would be able to participate in the future meeting. He then asked about the difference in the variation requests between both option A and option B. Ms. Armstrong and Ms. Adams said that option A would still need a variation, but just less than option B. Mr. Moyer asked about the current width of the connector and if it could be widened. The applicant’s architect said it was 7’ 10” wide and he did not believe it could be widened. PUBLIC COMMENTS: None. BOARD DISCUSSION: Mr. Moyer opened the board discussion by asking the other members about the lifting and relocation of the historic resource. All members were in support of the relocation. He then moved on to discussing the front walkway and landing. Mr. Fornell said that he would support staff’s recommendations. There was then some discussion about the proposed lightwells and their proximity to some tree roots and Mr. Moyer asked if that was something that would be handled by the Parks Department. Ms. Armstrong said yes, but the Parks Department did not reference these in their referral comments. Mr. Moyer agreed with staff on the lightwells that they should be restudied. Ms. Adams said they had met with Parks and that the trees in question are on the neighboring property and the Parks staff wanted to keep them. She noted that the roots of the trees extend into where the lightwell would have to go. Mr. Moyer moved on to discussing the connecting element on commented that he agreed with staff and was opposed to any outside stairs on the connector. He was ok with the proposed deck on the roof of it. Mr. Fornell said he did not have a problem with an exterior stair on the connector, its overall length and configuration or the use of the roof as a deck space. Ms. Surfas noted that she did not think you would be able to see the connector from the side of the house and was ok with the configuration as proposed. Mr. Moyer then brought up the size and scale of the new addition. Mr. Fornell said he would be ok with the 6-and-a-half-foot connector if the second story of the addition did not need a variation on the rear. Mr. Moyer said he thought the new addition was overwhelming. Ms. Surfas agreed and thought that pulling the addition back another 4 feet, as in option B, would not make a difference in the mass. 152 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 The members then talked about the requested TDRs and Mr. Fornell asked how many remaining square feet would be left over if two TDRs are spun off. Ms. Adams said about 240 square feet. Mr. Fornell asked if the shorter connector was approved but the new addition was reduced so that the rear setback variation was not required, if they would then have enough remaining square footage to ask for another TDR. Ms. Adams said the main point of the project is not about making money, and while the applicants would potentially be ok with a two-foot reduction of the addition and the resulting potential ability to request another TDR, the most important thing is having some amount of second floor living space. Mr. Fornell saw similarities in previously approved projects to give this project his approval, subject to the rear yard variation. The members all agreed with the recommendation of TDRs. There was then some discussion about the mass and scale of the new addition for potential restudy and Ms. Adams asked for more specifics and direction about what HPC would be looking for in a restudy. Ms. Surfas said it was the height for her. Mr. Moyer thought the renderings presented seemed to skew the appearance and size of the new addition behind the historic resource. Ms. Adams said all the renderings are accurate and represent what the realistic view would be from the vantage point of where they were created from. Mr. Fornell commented that in the members consideration of size and scale they also have to be cognizant of the property owners’ rights and that they are leaving 750 square feet of allowable floor area off the table. Ms. Surfas said that if they are going to allow a shorter connector, she would like to see a restudy of the mass and scale. Ms. Adams again asked for more clarification of what Ms. Surfas would like to see and noted that the only way to bring the height down on a two-story addition would be to change the roof form which as proposed matches the historic resource. Ms. Surfas said that from the rendering taken from the west side, the addition looked large. She thought maybe it was the form of the windows that made it look much bigger than the small historic resource in front. Mr. Fornell said he thought the perspective of the rendering was from a higher height and it did not represent the view someone would have from the sidewalk. He thought the size of the rear addition would not be as noticeable. There was some discussion about direction for the applicant and Ms. Simon summed up the aspects of the project that she had heard consensus on from the board regarding the connecter and rear yard set back and thought that was the direction for restudy. There was then some discussion about a date to continue the meeting until. MOTION: Mr. Fornell motioned to continue this hearing to September 13th, 2023. Ms. Surfas seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes. 3-0 vote, motion passes. NEW BUSINESS: Resolution #12, Series of 2023 - Outdoor Lighting Code Amendment Staff Presentation: Ben Anderson – Deputy Director - Community Development Mr. Anderson introduced himself, Haley Hart, Long Range Planner and Sophie Varga, Planner I. He also mentioned Clanton & Associates who are the City’s consultants on this project. He went over some 153 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 history of this topic and went over the timing of bringing this to City Council. He then turned it over to Ms. Hart and noted that this will just be a recommendation to Council from HPC. Ms. Hart began by going over where staff is in the process and highlighted what steps have already occurred, including meeting with the Commercial Core & Lodging Commission and Planning & Zoning Commission, and holding public outreach meetings. She then went over the review criteria for the recommendation. She noted that this only applies to outdoor lighting on private property and does not apply to the right of way. She went over the issues with the current code, which was last updated in 2003. She said it is out of out of date and it has the same prescriptive requirements for all use types. It also does not address light trespass coming from within a building. She showed a picture of a residence as an example of what they are trying to address and move away from. Next, she went over staff’s proposed guiding principles for the code changes as well as the overall goals for the updated code. The first major change is shifting from the current prescriptive based model to a more performance based one. She talked about the idea of lighting zones, which are similar to zone districts and she listed the different proposed zones and went over some of the reasoning behind creating them. She described some details of the proposed ordinance related to the amount of lumens that would be allowed per property in the different lighting zones. She showed a chart of these amounts and detailed how the allowable amounts would be calculated. She also noted that they have an input / output Excel spreadsheet that was created by Clanton Associates to be used by staff and designers when evaluating a property. She went over a real-world example of how a property could adjust their lighting plan, using the spreadsheet, to meet the proposed new code requirements. Next, she described the idea of light quality that would be in the updated code. This included lighting moving to softer tones and intensity. She also described light performance, related to the type of shielding light fixtures would be allowed. She moved on to the concept of light trespass which is the amount of light emitting from the interior of a building and how it is spilling past a property line. This is an area where the City sees many complaints. The amount of light trespass that Clanton Associates recommended was based on code adopted by Fort Collins. The updated code would set a curfew in the residential zones of 10pm – 7am for lights to be dimmed. Non-residential areas would be the same timeframe unless a business is open after the curfew. The business would have an hour after closing before needing to dim lights. She then went over the amount of dimming that would be required in each lighting zone. Then she talked about holiday lighting and proposed timeframes and requirements in the proposed new code. Holiday lighting is also proposed to have a similar curfew as the light trespass. Enforcement on this and light trespass would still be complaint based. The proposed new code would have a carve out for landmarked historic properties to have lighting that enhances architectural features. She mentioned that they have proposed a five-year legacy exemption for existing lighting that may not meet the new proposed code. They would however be able to enforce on the proposed curfews and light trespass immediately upon passage of the ordinance, again being complaint based. 154 REGULAR MEETING HISTORIC PRESERVATION COMMISSION AUGUST 9TH, 2023 Mr. Anderson posed a few related questions to the members of HPC to gather thoughts. He asked if the five-year exemption was appropriate. Ms. Raymond said it was appropriate, but asked how someone with existing lights would know if they were compliant or not. Mr. Anderson said they are going to do their best to get this information out to the public in a number of different formats. There was some discussion about the process of enforcement after the five-year period was up. Ms. Raymond asked if staff receives a complaint after the ordinance is passed that a neighbor’s light are too bright, does that person have to wait five years before anything can happen. Ms. Hart reminded her that light trespass and holiday lighting will be effective immediately. There was general agreement on the five-year exemption. There was then some discussion about the difference between the total amount of lumens allowed on a property and the light trespass coming from inside the building. They then discussed holiday lighting and the proposed curfew hours. There was general agreement on the proposals for holiday lighting and the curfew hours. Mr. Anderson asked about the current prohibition on neon and neon looking lighting. There was general support for continuing this. Ms. Raymond brought up architectural lighting and Mr. Anderson said architectural and or façade lighting would be part of the overall amount a property is allowed. Mr. Anderson admitted that the light trespass parts of the code is going to be a bit of an experiment and a work in progress. He said it is an issue all over the country and some places like Fort Collins have done something about it. He said the topic was born from the amount of complaints received and more modern architecture. Ms. Thompson said she believed they would be happy to recommend this to Council but said she would like to see it be audited in five years to see if it is doing what was intended. MOTION: Mr. Fornell moved to approve the next resolution in the series. Ms. Thompson seconded Roll call vote: Mr. Fornell, yes; Ms. Surfas, yes; Ms. Raymond, yes; Ms. Thompson, yes. 4-0 vote, motion passes. ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Ms. Raymond seconded. All in favor; motion passes. ____________________ Mike Sear, Deputy City Clerk 155 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Peter Fornell, Roger Moyer, Jodi Surfas, Barb Pitchford, Jeffrey Halferty and Kara Thompson. Absent was Kim Raymond and Riley Warwick. Staff present: Amy Simon, Planning Director Kirsten Armstrong, Principal Planner Historic Preservation Stuart Hayden, Planner - Historic Preservation Kate Johnson, Assistant City Attorney Nicole Henning, City Clerk Tracy Terry, Deputy City Clerk MINUTES: Mr. Fornell motioned to approve the draft minutes from August 9th, 2023. Mr. Moyer seconded. Roll Call Vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, abstained; Mr. Halferty, abstained; Ms. Thompson, yes. 3-0 with two abstaining, motion passes. Ms. Surfas entered the meeting at 4:33pm. PUBLIC COMMENTS: None COMMISSION MEMBER COMMENTS: Mr. Moyer asked Ms. Simon what was going on at the Gorsuch House at Lift 1A. Ms. Simon said that there were building permits submitted and in review. Ms. Pitchford asked about the old Johnny McGuire’s building, to which Ms. Simon mentioned it too had building permits submitted and in review but were moving very slowly. Mr. Halferty said it was good to see some activity at the old Main Street Bakery building. Mr. Moyer asked about maximum square footages for commercial spaces. Ms. Simon said there used to be a max commercial business size but that that was replaced with what is called Formula Use Standards. She described those. Ms. Surfas mentioned that she was recently in Louis, Delaware which is a beautiful town with many historic structures. She thought that town had butchered some of those structures and she commented that Aspen has done a great job. DISCLOSURE OF CONFLICTS OF INTEREST: Ms. Thompson noted that she was conflicted on the second agenda item and would leave the meeting for that item. Mr. Halferty would take over as Vice-Chair. Mr. Halferty stated that he had worked on the property to the west of the project, but it will not affect his ability to review this application. Ms. Johnson confirmed that she and Mr. Halferty had discussed this, and she did not believe it constituted a conflict of interest under the Municipal Code. PROJECT MONITORING: None. STAFF COMMENTS: Ms. Armstrong noted that the 9/27 HPC meeting would be cancelled. Ms. Simon mentioned that there is a tour at the Aspen Institute on Friday of the Herbert Bayer Kaleidoscreen. 156 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 CERTIFICATE OF NO NEGATIVE EFFECT: None. CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and that notice was provided per the code for both agenda items. Ms. Thompson left the meeting. Vice Chair Halferty took over the meeting for the first agenda item. OLD BUSINESS: 517 E. Hopkins Avenue – Substantial Amendment/GMQS, CONTINUE PUBLIC HEARING TO 10/25 MOTION: Mr. Halferty motioned to continue this hearing to October 25th, 2023. Mr. Fornell seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes. 5-0 vote, motion passes. OLD BUSINESS: 820 E. Cooper Avenue - Conceptual Major Development, Relocation, Variation, TDRs - PUBLIC HEARING CONTINUED FROM AUGUST 9, 2023 Applicant Presentation: Sara Adams – Bendon Adams Ms. Adams introduced herself and the applicants and stated that they were back to present some revisions made to the project based on HPC comments at the last meeting. She thanked everyone that attended the site visit. She then let the applicants Lauren and Anton say a few words about themselves and the reasoning for the project. Ms. Adams went over the requests for major conceptual development, including digging a full basement, adding a small rear addition and one car garage. The resource would be lifted to dig the basement and then placed back in its original location, and they would also be demolishing the non- historic rear addition. She noted that based on HPC comments at the August meeting, they are no longer requesting the rear yard setback variation and have reduced the massing of the second floor. They are still requesting the 6.5-inch side yard variation in order to keep the historic resource in its original location. She also noted that in August they had requested HPC’s recommendation of 2 TDRs, but with the reduced massing they have enough square footage and are now requesting 3 TDRS. She moved on and showed a few pictures of similar properties in the area to provide some context. She also showed a rendering of their proposed project with the revision to the roof form. She then went over the proposed restoration efforts to occur. She showed and compared the proposed site plan that was presented at the August meeting and the revised one that they are presenting tonight. She detailed the revisions that had been made based on previous HPC comments. These included the front entry landing and the relocation of a lightwell. She detailed the site plan and floor plans, highlighting many elements of the project and went over the revisions to the rear addition that reduced the massing on the second floor to meet the 10-foot setback requirement. She then went over the changes to the gable roof form that was presented in August to respond to HPC comments. This still allows the stairway access but reduces the plat height and massing. 157 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 She noted that, based on the updated renderings, the new addition is almost entirely hidden behind the historic resource. She presented the relevant design guidelines and noted that staff now finds that they have all been met. She said that they feel that they have responded to HPC comments from the last meeting related to the height and massing. She then went over the request for 3 TDRs. Mr. Fornell was glad to hear that they are no longer requesting a rear yard setback variation. Mr. Halferty asked about the shorter link and wondered if there was any discussion about this and the overhanging roof. He also asked about the proposed location of the lightwell on the east side and if it was to accommodate a bedroom. Ms. Adams said that since the building department now requires railings instead of grates on lightwells it seemed better to have them all on one side of the building. Ms. Pitchford asked if the outside stairway would be visible from in front of the historic resource. The applicant’s architect said it would be very difficult to see due to being tucked behind the historic resource and blocked by a few trees. Mr. Halferty asked what type of railing was proposed for the exterior stairs. The architect said a very simple metal railing to potentially match the guard rails on the lightwells. Staff Presentation: Kirsten Armstrong, Principal Planner Historic Preservation Ms. Armstrong started by describing the property and lot and went over the applicant’s proposal of the relocation of the historic resource in order to dig a full basement, the demolition of a non-historic addition, the construction of a connector and new addition on the north side of the property and some small landscaping updates. With this they are requesting approval of major conceptual development, relocation, a west side yard setback variation and HPC’s recommendation to City Council for 3 TDRs. She went over current details of the historic resource and the recent restoration efforts by the applicants. She then described the details of the roof form of the proposed rear addition, the proposed 6’ 1” connector and the lightwells grouped on the east side. She noted that due to the elimination of grates from building code, guard rails are being proposed. She said the staff supports grouping the lightwells on the east side to minimize the visual impact. Next, she noted that the proposed addition is a product of its own time while some design elements are sympathetic to the historic resource per design guideline 10.6. She went over the reasoning to support this. She said that while the proposed addition is taller than the historic resource, the massing is deferential and does not fully mimic the historic resource as a larger copy. She said it is staff’s opinion that the updates to the addition from the last meeting have brought it in line with design guidelines 10.3, 10.4 and 10.8. While the proposed addition does not fully meet guideline 10.9 in providing a full 10-foot connector, staff feels the design provides a compromise in meeting the site constraints and the design guidelines. Staff recommends approval of the conceptual major development but does recommend it as a point of discussion. She showed the north elevation and noted that with the redesign, it now meets the setbacks of 5 feet for the garage and 10 feet for the second story. Regarding relocation, she said that the historic resource will be temporarily relocated while the basement is excavated, and it will then be placed back in its historic location. She said the staff finds the 158 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 criteria for relocation to be met conditioned on a letter from an engineer stating that the building can withstand relocation. Next, she went over the details of the west side yard setback variation request that is triggered by the relocation and said the staff supports the requested variation as it preserves the resource’s original location. She then went over details of the request of a recommendation to City Council for approval of 3 TDRs that would sever 750 square feet from the site. She noted the total allowable development rights for the lot and said that from the applicant’s representation there will be enough floor area remaining for this request. She said that staff finds the criteria for establishing the TDRs to be met. She noted that staff is recommending some conditions of approval that include details that they would like to see at final review, but overall, staff recommends HPC approval of the Land Use Review with conditions. Ms. Johnson asked Mr. Halferty to confirm he was not present at the August 9th meeting. Mr. Halferty said he was not but had reviewed the minutes. Ms. Johnson said that she believed he could still act as chair but that he was not in a position to vote as he did not have all the same information as the other members or what the applicant presented at the August 9th meeting. Ms. Pitchford mentioned that she too was not present at the August 9th meeting but had read the minutes and had attended the site visit. Ms. Johnson said that historically they ask that members listen to the recording of the meeting, but since she herself was not present at the August 9th meeting, she was not aware of the two members absence. Ms. Simon noted that the applicant did not have any objections to their participation. Ms. Johnson said she would like to stay consistent with what has been done in the past but would wait to see how things played out to see if they were or were not able to take action. Mr. Halferty and Ms. Pitchford noted that they had both reviewed the packet from the August 9th meeting in addition to reading the minutes. Knowing that Ms. Johnson said she felt both Mr. Halferty and Ms. Pitchford could vote as they both had the same information as the other members. Mr. Fornell noted that it seemed that the first eight conditions of approval related to things that would come up at final review. Ms. Armstrong confirmed that and said they are there to provide direction for things staff would like to see at final review. Mr. Fornell asked if they had to be included in this conceptual major development resolution. Ms. Armstrong said not necessarily. Ms. Johnson went over how this resolution process would go in relation to the final major development resolution. Mr. Fornell said he was satisfied. PUBLIC COMMENTS: None. BOARD DISCUSSION: Mr. Halferty listed the items for board discussion, being the relocation, setback variation, recommendation of TDRs, mass and form, conditions of approval and the various design guidelines. 159 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 Mr. Fornell started by commending the applicant for leaving 750 square feet of allowable floor area off this lot as it respects the historic resource and is great example of the use of TDRs. He noted the property to the east that was the same size lot yet went to the full use of their floor area ratio and ended up being significantly larger and stood over the historic resource. He said he would be supporting this. Ms. Pitchford complemented the applicant as well and appreciated that it would be lived in. She agreed with Mr. Fornell about the TDRs in this case. She believed that the design of the addition still preserves the feel of the miner’s cabin visually from the street. She said she would be in support as well. Ms. Surfas thanked the applicant for taking what was said at the last hearing and making updates to the plans. She said that with the changes to the roof form and the overall updated design, they have a great house. She also appreciated that locals will be living in the house and raising their family. She was in support of the project and what had been done. Mr. Moyer said that many times when a project comes back to HPC with updates based on feedback from the members, that they end up getting a better project. He congratulated the applicants and said that he was in support of the project. Mr. Halferty thought the applicant and staff had done an excellent job getting the project to conform to the guidelines. He was in support of the TDRs and appreciated the restoration efforts made by the applicants. He thought the design and roof form of the addition complimented the historic resource. He was in support of the project. MOTION: Mr. Fornell motioned to approve the resolution as presented by staff. Ms. Pitchford seconded. Mr. Moyer commented to staff about the TDRs. He wanted to make sure the letter to City Council regarding HPC’s recommendation of the TDRs stated that this was an excellent example of the use of TDRs. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes. 5-0 vote, motion passes. NEW BUSINESS: Follow up discussion: Joint HPC/City Council Work Session Ms. Simon started the discussion by recapping the joint work session with City Council. She said that one of her takeaways was that City Council members generally expressed a strong desire to maximize affordable housing and did not want to abandon the new process that has been adopted. She mentioned a few other discussion items from the meeting including the design guidelines and TDRs. Ms. Pitchford said she did not feel that all Council members were as adamant about maximizing affordable housing by sacrificing a historic resource. Ms. Thompson did not believe anyone said “sacrifice” the resource, rather that there is a different balance that should be expected around historic resources for affordable housing projects. She did think that a few council members wanted the HPC to potentially have more input on how the massing gets balanced. She said that while any Land Use Code amendments would be a very complicated and long process, the HPC could amend design guidelines and application requirements. Ms. Johnson said that amending the design guidelines could be done by resolution, which is a somewhat simpler process. 160 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 Ms. Thompson said that she only felt that Councilor Guth was potentially in favor of Land Use Code amendments and that she was not in favor of that route. She went over some of her reasoning for this. She believed that the new process was put in place for a reason, and she referenced the 1020 E Cooper project that, under the previous public hearing process took 18 months to get through HPC review and that was not fair to any applicant. She also believed that the new process had not been in place long enough to make a good judgement on it. Mr. Fornell noted that he felt that Council members knew that historic resources were in the R6 district when they made affordable housing projects a use by right in all zone districts. Ms. Pitchford asked what the next steps would be from Council and Mr. Fornell said he believed that the Council members would discuss HPC’s comments amongst themselves either in an executive session or a work session and get back to HPC. Ms. Thompson said she felt Council wanted more information from staff on a few items and that the HPC members would discuss what they would propose to them as far as potential adjustments to guidelines and things that might help this new process. She said she would like HPC to discuss the conceptual site plan, which is already a requirement and potentially requiring more detail on the presented footprint detailing where any additional structures would be. She also wanted to discuss potentially adding massing guidelines for affordable housing projects to be added to the current process. Ms. Simon presented and read the section of the Land Use Code that was being discussed and highlighted the language that a conceptual site plan must be provided to assist in HPC’s review. She noted that in the last project, the applicant provided a site plan that included the footprint of the new construction, and that the footprint would be a binding representation and the applicant could not come to the staff and monitor review step with anything different that was originally seen by HPC. She also mentioned that the City still has not seen an application for the next review step and that it would not be an easy process. She said that staff and HPC Chair would not necessarily accept what was presented and asked for the board members to have some faith in them to represent the entire HPC board. Mr. Fornell asked when a project is in the staff and HPC chair review step if the Chair could consult with the other HPC board members if they felt struck on something. Ms. Simon said that the process was created to fast track a good project that met certain criteria and that if the staff member and HPC Chair does not approve something, the applicant could pull the application and apply under the previous process of a full HPC review. Ms. Thompson brought the discussion back to getting some agreement on some guidelines for affordable housing projects that are in dense zone districts as the current guidelines tend to deal mostly with less dense residential zones. Ms. Simon said that staff could look at and review the current Historic Preservation design guideline book to see if there are any holes. Ms. Thompson said the idea would be to add guidelines to this type of project that would make the HPC members more confident in staff and monitor applying them to the additional structure. 161 REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023 Mr. Moyer brought up the idea of the total allowable floor area on a lot and thought that maybe there could be a way that HPC could control that. He expressed his thoughts that many historic resources are preserved but end up having an overwhelming structure behind them. Ms. Pitchford said that the allowable floor area lies within the Land Use Code and if you wanted to change the it, you would have to change the Land Use Code. Ms. Simon said that the total allowable floor area amounts per zone district were developed back in the 60’s or 70’s and have been so engrained in the community that it would be impossible to take them back. There was some discussion on this idea. Mr. Moyer thought it would be a good idea if some type of informational guide be put together going over all the good things the HPC has done over the years in an effort to better overall preservation. This could act as a guide for new developers, architects, realtors, etc. There was some discussion about what this might look like and what it might contain. Ms. Thompson suggested looking into requesting an applicant provide “story poles” on major development projects as they can be a big help. Ms. Simon said she was not sure if HPC could require them but that they could ask for anything that helps with their review. ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Ms. Pitchford seconded. All in favor; motion passes. ____________________ Mike Sear, Deputy City Clerk 162 HPC Resolution #11, Series of 2023 Page 1 of 3 RESOLUTION #11 (SERIES OF 2023) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR DEVELOPMENT, RELOCATION, AND A SETBACK VARIATION, AND RECOMMENDING IN FAVOR OF THE ESTABLISHMENT OF TRANSFERRABLE DEVELOPMENT RIGHTS (TDRs) FOR THE PROPERTY LOCATED AT 820 EAST COOPER AVENUE, LOT P, BLOCK 111; CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-182-28-005 WHEREAS, the applicant, Lauren Bullard, 820 East Cooper Avenue, Aspen, CO 81611, represented by Sara Adams, BendonAdams, LLC, 300 South Spring Street #202, Aspen, CO 81611, has requested HPC approval for Conceptual Major Development, Relocation, and Setback Variations, and recommendation by HPC for the establishment of TDRs for the property located at 820 East Cooper Avenue, Lot P, Block 111; City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. As a historic landmark, the site is exempt from Residential Design Standards review. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090, Relocation; and WHEREAS, for approval of Setback Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, for the approval of TDRs, HPC makes a recommendation to City Council based on the requirements of Municipal Code Section 26.535.070; and WHEREAS, as a historic landmark, the site is exempt from Residential Design Standards review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends continuation; and 163 HPC Resolution #11, Series of 2023 Page 2 of 3 WHEREAS, HPC reviewed the project on August 9, 2023 and September 13, 2023. HPC considered the application, the staff memo, and public comment, and found the proposal consistent with the review standards and granted approval as proposed by a vote of 5 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Conceptual Major Development, Relocation, and a Setback Variation, and recommends in favor of the establishment of three (3) TDRs for 820 East Cooper Avenue, Lot P, Block 111; City and Townsite of Aspen, Colorado as follows: Section 1: Conceptual Major Development, Relocation, Setback Variations and TDRs. Pursuant to the findings set forth above, the HPC does hereby recommend the establishment of up to three (3) TDRs for 820 East Cooper Avenue, Lot P, Block 111; City and Townsite of Aspen, Colorado. HPC hereby approves Conceptual Major Development, Relocation, and a Setback Variation as proposed with the following conditions: 1. Work closely with all relevant City Departments to meet all requirements regarding the proposed stormwater mitigation plans and tree removal. Parks Department requires a letter or written approval from the adjacent property owner regarding tree removal indicated outside of the east property line of 820 East Cooper Avenue, submitted with tree and building permit application. a. Provide final landscaping and tree removal plan for Final Review. 2. Foundation to remain unpainted, details to be determined at Final Review. 3. 1 ft higher foundation relative to grade shall not create a significant change in character to the approach of the building, details to be reviewed at Final Review. 4. For final review provide study of vertical rails for the light well guardrails. Light wells and similar features abutting the historic resource must have a reduced curb height of 6” or less. 5. The following setback variations are granted: a. A west side yard setback reduction of 6 ½ in to a 4 ft-5 ½ in west side yard setback for the purposes of maintaining the historic location of the historic building. 6. Provide a detailed roof plan showing the locations of gutters, downspouts, snow clips and vents for Final Review. Reconsider the location of the proposed vents and flues to push them back as far as possible on the roof of the historic resource. Vents and flues must be dark colored and as minimized as possible. These items are for consideration at Final Review. 7. Provide a relocation plan, a letter from an engineer determining the historic resource capable of withstanding the relocation, and financial assurances of $30,000 for the relocation of the historic home onto a new basement foundation, to be provided prior to building permit submission. 8. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole 164 HPC Resolution #11, Series of 2023 Page 3 of 3 discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, 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: Existing Litigation 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 4: Severability 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 COMMISSION at its regular meeting on the 13th day of September, 2023. Approved as to Form: Approved as to Content: ________________________________ ________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: ________________________________ Mike Sear, Deputy City Clerk 165 Page | 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Kevin Rayes, Principal Planner Haley Hart, Long-Range Planner THRU: Phillip Supino, Community Development Director MEETING DATE: October 10, 2023 RE: 1st Reading | Ordinance #18 | The St. Regis (315 E. Dean St.) Minor Amendment to a Planned Development for Project Review | Commercial Design Review | Growth Management Review APPLICANTS: Aspen Owner, LLC c/o St. Regis Aspen Resort LOCATION: The St. Regis Resort (315 E. Dean St.) CURRENT ZONING: Lodge (L) with a Planned development Overlay (PD) REQUEST OF COUNCIL: The Applicant requests a Minor Amendment to a Planned Development for Project Review, Growth Management Review, and Commercial Design Review to allow for the ability to erect seasonal structures, to install renewable energy equipment and to install fencing that exceeds height limitations prescribed pursuant to underlying zoning. STAFF RECOMMENDATION: Staff supports the request to amend the PD to allow for seasonal structures and for the installation of renewable energy equipment subject to certain conditions. Staff does not support the proposed request for fencing and recommends all fence height be no greater than 48” from existing grade. Figure 1: The St. Regis (315 E. Dean St.) Figure 2: Site Location 166 Page | 2 REQUEST OF COUNCIL: The Applicant requests approval of the following land use reviews: Minor Amendment to Project Review (Land Use Code Section 26.445.110.D) The Applicant requests a Minor Amendment to a Planned Development for Project Review for the following: 1. Install up to three seasonal structures on a yearly basis. 2. Amend the PD to accommodate up to three seasonal structures for up to 150 days each year. 3. Install renewable energy equipment including solar panels and electric vehicle charging stations. 4. Install a fence that exceeds height limitations prescribed pursuant to Title 26 of the Land Use Code along Monarch Street and Juanita Street. • Fences located between buildings and streets shall not be taller than 42 inches in height. The Applicant seeks a variation from this standard (triggering a PD amendment) and to set its own dimensional standards per a PD amendment to maintain existing fencing, erected without permits or land use approvals, ranging in height from 6 feet to 10 feet. Growth Management Review (Land Use Code Section 26.470.050) Applicants who believe the employee generation rate is different than what is prescribed in the Land Use Code may request an employee generation review. In this instance, the Applicant believes that the employees generated from the proposed seasonal structures vary from the mitigation required for commercial uses and temporary uses. Staff will address this topic in the discussion section of the memo. Commercial Design Review (Land Use Code Section 26.412) Temporary/seasonal structures located within the Lodge (L) zone district are subject to Commercial Design review. The standards are intended to ensure appropriate building mass and to foster well-designed and meaningful open space that conveys human scale, provides relief from the built environment, and preserves historic neighborhood context. Fencing design within the Mountain Base character area of the Commercial Design Standards is not explicitly called out, but standards around retaining walls and pedestrian experience along the street apply to this request. The standards are intended to integrate development proposals into neighborhood context and provide a sense of place for pedestrians. SUMMARY AND BACKGROUND: The St. Regis is located on approximately three acres of land at the base of Aspen Mountain. The property is in the Lodge (L) zone district and contains a Planned Development (PD) overlay. The property is improved with a total of 179 hotel rooms, 25 timeshare units and a variety of accessory uses including conference/meeting space, ballrooms, a spa, multiple dining areas, outdoor pools, and several retail spaces. The Applicant requests a PD amendment to make several modifications to the site, triggering a Minor Amendment to a Planned Development for Project Review. The requests are described below: 1. Amend the PD to Allow Seasonal Structures: The St. Regis has traditionally facilitated events associated with a lodge use, such as conferences/seminars, weddings, Aspen Food and Wine , and corporate dinners. During 167 Page | 3 winter months, these events are generally housed within seasonal structures such as tents and yurts, triggering City Council review for compliance with Temporary/Seasonal Uses, Commercial Design Review, and Growth Management. These are often Council review processes to permit seasonal and temporary uses beyond the 14 days allowed by code. Table I provides a timeline of the most recent approvals Council has granted for seasonal structures at the St. Regis. Approval Location Improvement Length of Time Dimension s Resolution #158, Series 2017 Fountain Courtyard One Tent 40 days per year through 2027 3,960 sq. ft. Resolution #102, Series 2018 Chef’s Club Courtyard Ten dining yurts 135 days for one year 1,000 sq. ft. Resolution #86, Series 2020 Waived Commercial Design and Growth Management Reviews as a response to public health orders related to social distancing when COVID-19 infection rates were elevated. Resolution #128, Series 2022 Fountain Courtyard One tent 48 days (in 2022) & 40 days per year thereafter through 2027 3,960 sq. ft. Four yurts 140 days for one year 707 sq. ft. Chef’s Club Courtyard One tent 121 days for one year 1,000 sq. ft. Mountain Plaza Courtyard One dome 60 days for one year 900 sq. ft. Fountain Courtyard Mountain Plaza Mill Street Courtyard Figure 3: Proposed Locations of Structures Table I: Recent Approvals of Seasonal Structures at the St. Regis 168 Page | 4 Historically, staff has supported the structures represented in Table I. The impetus of this new request is to permit the applicant to move away from yearly (or semi-yearly) seasonal-use applications and provide long term predictability to the operations of the resort. The difference between this application and those of previous years is how this request is appr oved. Instead of a “one-off” temporary/seasonal use request, this application seeks to memorialize seasonal structures as part of the Planned Development via the PD amendment process. Pending Council approval, the structures will be allowed by-right within the PD on a seasonal basis (up to 150 days per year) with no expiration date or sunset on the number of years. Specifically, the Applicant requests to amend the PD to allow for the following temporary/seasonal structures: Location Improvement Length of Time Per Year Dimensions Mill Street Courtyard One Tent 150 days per year Up to 1,000 sq. ft. Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft. (cumulative of all yurts) Mountain Plaza One dome 150 days per year up to 707 sq. ft. 2. Amend the PD to Allow Fencing Ranging from Six Feet (6’) to Ten Feet (10’) in Height The applicant’s request is in direct response to staff being alerted to the non-compliant fencing constructed at the St. Regis during the winter season of 2022-2023. Staff requested the St. Regis submit for Land Use Approval, because the unpermitted fencing exceeded fence height limitations per underlying zoning. When the PD was created and approved in 1988 there was not a ‘Project Review’ step. Rather, the code at the time provided for a conceptual and final PD review, which were then documented on the recorded architectural and site plans for the hotel. There are no existing design, height, or materials recorded for the existing fence Figure 4: Fencing Locations with Heights Table II: Proposed Seasonal Structures 169 Page | 5 along Monarch Street and Juniata Street. The applicant requests to increase the fence and gate height to deter human and wildlife along Monarch Street and Juniata Street with an approximate range in height from 6’ to 10’ as identified in Figure 4. The requested section of fencing is approximately 290 linear feet along these two street fronts. DISCUSSION & STAFF FINDINGS: Seasonal Structures: Approving the request as a PD amendment has implications for affordable housing mitigation requirements that should be considered. Given the seasonal nature of these structures, the Applicant posits that the number of employees generated is inconsistent with the mitigation prescribed for new commercial net leasable space. Pursuant to Land Use Code Section 26.470.050.c, Employee Generation Review, any Applicant who believes the employee generation rate is different than code requirements may request an emplo yee generation review. The application includes a full audit and thorough analysis of the number of employees generated by resort operations vs. the number of employees housed. According to the First Amended PUD Agreement from 1988, a total of 331 employees were generated from lodge operations, requiring mitigation for 198.5 FTEs (33 x 0.6 = 198.5)1. Although some aspects of the development have evolved overtime (e.g., in 2003 Council approved the conversion of multiple lodge rooms into timeshare units) the number of employees generated by the development has remained relatively consistent. In 2010, the St. Regis submitted an audit to the City showing employment numbers from 2006 to 2009. According to the audit, employment at the St. Regis never exceeded 331 FTEs during that time. The most recent audit covers employment numbers for winter 2022 -2023, which comes to a total of 330.6 FTEs – 0.4 FTEs below 331 for which mitigation has been provided. Staff agrees with the application’s analysis that no new FTEs will be generated from the new structures, with two caveats. First, the uses allowed within the structures should be limited to those allowed by -right within the Lodge (L) zone district such as one-off events like weddings and corporate retreats. Such uses are appropriate as the staff and infrastructure required to host these events are integral to existing resort operations and comply with underlying zoning. Conversely, using the structures to accommodate uses unrelated to lodge operations such as third -party retail or restaurant operations generates additional vehicular and customer foot traffic, employee demand, and other infrastructure-related impacts without the mitigation typically exacted for adding commercial space. Retail use is allowed only within certain designated areas of the PD (none of which are included in this application). If the Applicant wishes to accommodate retail use in the future, a subsequent application requesting Conditional Use Review, or a PD amendment should be required. Second, although the Applicant agrees to pay the mitigation annually assessed at the time of tent permit, and use of the structures is limited to underlying zoning, staff remains concerned about future mitigation constraints. The deed-restrictions associated with four of the affordable housing units – Alpina Haus, Copper Horse, Grand Aspen, and Ute City Place – are set to expire in approximately twelve years (around 2035). These units represent the mitigation provided for 129.5 FTEs when the PD was developed. Following their expiration, only the mitigation from Hunter Longhouse will remain (representing 69 FTEs). Without additional action, the mitigation provided for the St. Regis will fall from 60 percent to 21 percent. Unless th e St. Regis voluntarily agrees to work with the City to amend existing development agreements to top off mitigation, it will likely be difficult to require additional mitigation when no development is proposed. As an alternative, staff 170 Page | 6 recommends follow-up analyses (i.e. audits) be included as a condition of this approval. If future audits determine that more than 331 FTEs are generated from resort operations, additional mitigation may be assessed. Given the seasonal nature of the proposed structures, annua l tent permit approval is required. If Council desires, staff may withhold the issuance of future tent permits until mitigation is provided. Staff encourages Council to discuss this topic with the Applicant at Second Reading. As for Commercial Design Review – although the materials associated with seasonal structures tend to fall short of meeting Commercial Design Standards, the prominent walls, large courtyards, and robust landscaping throughout the resort shield these structures from view from surrounding streets and rights of way. Like previous years, the presence of these structures will likely have little to no impact on the character of the surrounding area . Staff finds the Commercial Design Standards to be met. Renewable Energy Equipment One of Councils goals is to take meaningful action and provide leadership in reducing the Aspen community’s contribution to greenhouse gas emissions. Reducing energy consumption and carbon emissions in all emissions sectors is essential to achieving this g oal. Minimizing impacts from the built environment is particularly important, as 57% of Aspen’s carbon emissions come from the building sector alone. The energy required to heat seasonal enclosures, which are carbon emissions not counted in the community emissions inventory and not included in the 57% attributed to the building sector, is in direct conflict with this goal. Seasonal structures do not have a thermal envelope, which means heating these spaces is highly inefficient, consumes exponentially more energy, and emits more carbon compared to a permanent structure. The Applicant proposes installation of renewable energy equipment in various locations of the resort to offset the impacts from these structures. Outdoor events are currently heated by propane outdoor heaters and tented events are heated by portable natural gas fired furnaces. The Applicant intends to replace existing natural gas furnaces with electric forced air furnaces. The St. Regis must first replace existing outdoor receptacles and install additional dedicated adapters for powering the furnaces. To offset the extra energy load, the resort plans to install renewable energy equipment onsite. The rooftop is currently covered with abandoned solar thermal tubes on a previously installed steel beam racking system. The existing system will be replaced with new solar photovoltai c panels which are projected to produce approximately 80,000 kwh’s annually. The resort also plans to install a battery storage facility to capture and utilize the energy derived from the rooftop solar facility. The battery storage is intended to bolster the resort’s overall energy resiliency, provide a source of emergency power backup, and allow for a reduction in the resort’s peak energy demands. Lastly, the St. Regis plans to install EV charging stations and battery storage facilities in its parking garage. The St. Regis currently has two EV charging stations onsite. The number of additional EV stations installed will depend on the final calculations of the amount of energy that will be supplied by the solar array as well as the availability of garage space. Installing this renewable energy equipment in a timely manner is integral to staff’s recommendation of approval for seasonal structures. Staff will work with the Applicant to ensure PD dimensional standards and underlying zoning requirements are met. If Council desires, a condition of approval to install the photovoltaic system and battery storage prior to next Winter (2024-2025) is included in the ordinance. 171 Page | 7 Fence Height The fences along Monarch Street and Juanita Street are existing. The applicant requests to significantly increase the height of the fencing to deter animal and human trespass. The applicant proposes a deviation from underlying zoning, resulting in an increase in fence scale and height. Therefore, Project Review is an appropriate procedure for review to amend the PD. The Project Review focuses on the general concept for the development and outlines any dimensional requirements that vary from those allowed in the underlying zone district. Typically, fence height greater than what the Land Use Code allows is reviewed as a Dimensional Variance under Chapter 26.314, yet as this is a PD, a minor amendment through Project Review provides the review path for dimensional flexibility contrary to that of underlying zoning. At the time the hotel was approved, in 1988, there were no limitations on fence height. Ordinance #22, Series of 1995, set height limitations for fences for the first time in the Land Use Code . There are no existing design, height, or materials recorded for the e xisting fence along Monarch Street and Juniata Street within the PD. Per Section 26.575.020.e.5.q, the fence should be no greater than 42” in height as measured from finished grade as it is not entirely recessed behind the vertical plane of the building’s façade and is within a street-facing side yard setback. When a PD is silent on a topic, the LUC directs staff to use underlying zoning as a guide to set zoning standards for the development. Based on the location of the current fencing, the underlying zon ing would allow for a fence up to 42” in height. As this fence serves as a semi-barrier to a pool, staff believes the Building Code could apply, which allows for a fence to be up to 48” in height (2015 ISPSC). The requested fence height, ranging from 6’ to 10’, increases due to change of grade along Monarch Street. There is an existing retention wall/planter th at currently ranges from finished grade to 5’-3” in height along Monarch Street as seen in Figures 5 and Figure 6, below. Figure 5: Proposed Fencing along Monarch Street, 10’ in height Figure 6: Proposed Fencing along Monarch Street, 8’-11” in height 172 Page | 8 The addition of a ‘6 fence in height on top of the retention wall as seen in Figure 5 and a 42” fence in height on top of the retention wall as seen in Figure 6, in addition to retaining the unpermitted 6’ fence along the remaining parameter of Monarch Street and Juanita Street will significantly increase the visual impacts to the pedestrian experience. The request creates approximately 290 feet of approximately 6’-10’ tall fencing. This visual impact is clear through the existing fencing as juxtaposed to the existing retention wall/planter without fencing, see Figure 7. The City has set many standards within the LUC to ensure fences support neighborhood character and maintain a connection between pedestrians and neighborhoods. These standards are evident in chapters such as the Residential Design Standards and Calculations and Measurements. Tall fences create visual obstructions, which can negatively impact the pedestrian experience, undermine neighborhood character, and diminish a sense of place. As the St. Regis is a prominent building in the City’s core, the requested fence retracts from the historic, cultural, and visual contributions to the identify of town. Based on the Project Review Standards in Exhibit B, staff finds the height of the fencing contrary to neighborhood character and the use of the site. Staff finds that the applicant fails to provide sufficient justification as to why 6’ – 10’ fences are necessary and supported by the Land Use Code. This property is in the Mountain Base Character Area, which is surrounded by similar lodge and residential uses that do not need fencing of this height to address for human or wildlife issues. Staff finds the request to increase fence heights over 6’ and to its highest point at 10’ inconsistent with underlying zoning and out of context with the neighborhood and goals of the LUC. Although a PD amendment gives flexibility for dimensions, staff does not find that fences greater than 48” in height are supported by the code along this pedestrian corridor. Figure 7: Juxtaposition between requested fencing (right) and current fencing/retaining wall (left) 173 Page | 9 RECOMMENDATION: Staff’s recommendation is broken into three parts based on the request: 1. Seasonal Structures: Staff recommends approval of the request to amend the PD to allow for the seasonal structures represented in the application with the following conditions: • A tent permit is required each year a structure is erected. o Affordable housing mitigation shall be assessed based on current code requirements and fee-in-lieu rates at the time of permit. A credit of fourteen (14) days shall be applied to one structure each twelve-month period. o The Applicant reserves the right to reduce the number of structures, size of structures and duration in which structures are erected each year. However, mitigation shall be paid as a lump sum for all three structures for 150 days per year, based on the dimensions set forth below, regardless of changes proposed in any given year: Location Improvement Length of Time Per Year Dimensions Mill Street Courtyard One Tent 150 days per year Up to 1,000 sq. ft. Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft. (cumulative of all yurts) Mountain Plaza One dome 150 days per year up to 707 sq. ft. • The Community Development Director is authorized to require periodic employee generation audits to confirm actual employee ge neration. Pending expiration of the deed-restrictions memorialized in the First Amended PUD Agreement (Reception No. 304523), if future audits determine that more than 331 FTEs are generated from resort operations, additional mitigation shall be assessed for sixty-five (65) percent of the number in excess. o If the total mitigation requirement resulting from an audit is less than 0.1 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval. o Mitigation exceeding 0.1 FTEs shall be in the form of affordable housing or certificates of affordable housing credits as prescribed in Title 26 of the Land Use Code. o In the event that additional housing mitigation is required, the Community Development Director reserves the right to withhold issuing tent permits for seasonal structures until mitigation requirements are met to the satisfaction of the Director. 2. Renewable Energy Equipment: The photovoltaic facility and battery storage system shall be fully installed and operational no later than Winter 2024-2025. The Community Development Director reserves the right to withhold issuance of future tent permits until this condition is met. 3. Fence Height: Staff recommends that Council deny the request for a height variance of ten feet and instead grant the minimum variance from height required to meet building code (up to 48 inches in certain locations). 174 Page | 10 PROPOSED MOTION: Staff recommends that Council approve the ordinance on First Reading and set a public hearing date to review the application. The following motion can be made: “I move to approve Ordinance #18, Series of 2023 on First Reading & set a public hearing (Second Reading) for October 30, 2023.” FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A CITY MANAGER COMMENTS: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ATTACHMENTS: Exhibit A.1 | Planned Development – Amendment for Project Review | Staff Findings Exhibit A.2 | Commercial Design Review | Staff Findings Exhibit A.3 | Growth Management Review | Staff Findings Exhibit B.1 | Application 175 Council Ordinance #18, Series of 2023 Page 1 of 4 ORDINANCE #18 (SERIES OF 2023) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT FOR PROJECT REVIEW, GROWTH MANAGEMENT REVIEW, AND COMMERCIAL DESIGN REVIEW, TO ACCOMMODATE SEASONAL STRUCTURES, FOR THE INSTALLATION OF RENEWABLE ENERGY EQUIPMENT, AND A FENCE HEIGHT VARIANCE AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP ACCORDING TO THE PLAT RECORDED JANUARY 21, 2005 IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO. 506327 AND AS DEFINED AND DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM RECORDED JANUARY 21, 2005 AS RECEPTION NO. 506236, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-85-033 WHEREAS, the Community Development Department received an application from Aspen Owner LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO 81611 (the Applicant), requesting approval for a Minor Amendment to a Planned Development for Project Review, Growth Management Review and Commercial Design Review; and, WHEREAS, the application proposes: • Development rights to erect up to three seasonal structures for up to one hundred and fifty (150) days per year, • To install renewable energy equipment, • A variance to install a street-facing fence up to ten feet in height; and, WHEREAS, for a Minor Amendment to a Planned Development for Project Review, the application shall meet the requirements of Aspen Municipal Code Section 26.445.110.d, Minor Amendment to a Project Review Approval; and, WHEREAS, for approval of Growth Management Review, the application shall meet the requirements of Aspen Municipal Code Section 26.470.050.c, Employee Generation Review; and, WHEREAS, for approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412.090.b, Substantial Amendments; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of the Minor Amendment to a Planned 176 Council Ordinance #18, Series of 2023 Page 2 of 4 Development to allow for the ability to erect seasonal structures (with conditions), to install renewable energy equipment (with conditions) and for the minimum variance from height needed to meet building code; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the recommendation of the Community Development Director, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for a Minor Amendment to a Planned Development for Project Review, Growth Management Review, and Commercial Design Review meets the applicable land use standards of the Land Use Code; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE FOLLOWING: Section 1: Minor Amendment to a Planned Development for Project Review: a. As set forth in Table I, three seasonal structures are approved as part of the Planned Development. b. The structures shall be limited to the uses allowed by-right pursuant to underlying zoning. Future requests to accommodate conditional uses as prescribed per underlying zoning shall require subsequent land use reviews, including but not limited to Conditional Use Review and the applicable PD Amendment review. Location Improvement Length of Time Per Year Dimensions Mill Street Courtyard One Tent 150 days per year Up to 1,000 sq. ft. Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft. (cumulative of all yurts) Mountain Plaza One dome 150 days per year up to 707 sq. ft. c. A variation from height for the fence represented in the application is hereby approved. The fence shall not exceed ten (10) feet in height as measured per Title 26 of the Land Use Code. d. A site plan depicting the fence footprint and top of wall/bottom of wall shall be submitted within one hundred and eighty (180) days following issuance of the development order. The site plan shall be submitted prior to issuance of fence permit. e. Renewable energy equipment, including but not limited to photovoltaic facilities, battery storage systems, and EV charging stations are approved as part of the Planned Development. Table I: Seasonal Structures Dimensional Table 177 Council Ordinance #18, Series of 2023 Page 3 of 4 These improvements shall comply with dimensional standards prescribed pursuant to Title 26 of the Land Use Code and any applicable limitations set forth in the PD. The photovoltaic facility and battery storage system shall be fully installed and operational no later than Winter 2024-2025. The Community Development Director reserves the right to withhold issuance of future tent permits until this condition is met. Section 2: Growth Management Review: a. Affordable housing mitigation shall be assessed based on current code requirements and fee- in-lieu rates at the time of permit. A credit of fourteen (14) days shall be applied to one structure for each twelve-month period. Mitigation shall be paid at the time of tent permit. b. Tent/building permits shall be submitted a minimum of ten (10) days prior to erecting any seasonal structure. c. The Applicant reserves the right to reduce the number of structures, size of structures and duration in which structures are erected each year. However, mitigation shall be paid as a lump sum for all three structures for one hundred and fifty (150) days per year, based on the dimensions set forth in Table I, regardless of changes proposed in any given year. d. The Community Development Director is authorized to require periodic employee generation audits to confirm actual employee generation. Pending expiration of the deed-restrictions memorialized in the First Amended PUD Agreement (Reception No. 304523), if future audits determine that more than three hundred and thirty-one (331) FTEs are generated from resort operations, additional mitigation shall be assessed for sixty-five (65) percent of the number in excess. If the total mitigation requirement resulting from an audit is less than 0.1 FTEs, a cash- in-lieu payment may be made by right. If the total mitigation requirement is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval. Mitigation exceeding 0.1 FTEs shall be in the form of affordable housing or certificates of affordable housing credits as prescribed in Title 26 of the Land Use Code. In the event that additional housing mitigation is required, the Community Development Director reserves the right to withhold issuing tent permits for seasonal structures until mitigation requirements are met to the satisfaction of the Director. Section 3: Commercial Design Review: a. A fence permit is required to erect the approved fence. b. Fence materials shall be limited to those allowed pursuant to Title 26 of the Land Use code. c. The fence design shall be mostly transparent to maintain openness between the resort and the street. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 178 Council Ordinance #18, Series of 2023 Page 4 of 4 Section 5: Existing Litigation 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: Severability 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. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 10th day of October 2023. ATTEST: ___________________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a _ to _ (_-_) vote on this ____ day of _____2023. Approved as to form: Approved as to content: ____________________________ ________________________ James R. True, City Attorney Torre, Mayor Attest: ____________________________ Nicole Henning, City Clerk 179 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 1 Sec. 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. a. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Seasonal structures – Staff findings: Seasonal structures were not contemplated when the Aspen Mountain Planned Development was originally adopted. Over the years, the resort has requested seasonal uses on a semi regular basis to accommodate one-off events such as weddings and corporate retreats during winter months. Accommodating such uses is consistent with the uses allowed by-right within the Lodge (L) zone district and are integral to the use of the resort. Amending the PD to allow these structures is consistent with the provisions set forth in the Aspen Mountain PD. Staff finds this criterion to be met. Renewable energy equipment – Staff findings: In tandem with the use for seasonal structures is the request to install renewable energy equipment. Heating seasonal structures in the winter months is energy intensive as the structure do not contain thermal envelopes. By installing solar panels and backup battery storage, the energy required to heat these structures can be offset in a sustainable manner. Renewable energy equipment was previously installed on the roof of the St. Regis but no longer in use. Solar arrays are proposed to replace existing equipment. These improvements will comply with the dimensional standards prescribed pursuant to Title 26 of the Land Use Code and the provisions set forth in the PD. Staff finds this criterion to be met. Fence height variance – Staff findings: The St Regis Aspen Residence Club and Hotel Condominium is located in the Lodge zone district on Lot 1 of the Aspen Mountain PUD. The Aspen Mountain Subdivision was approved via Ordinance 14 Series 1985. When the PUD was created and approved in 1988 there was not a ‘Project Review’ step. Rather, the code at the time provided for a conceptual and final Planned Unit Development (PUD) review, which were then documented on the recorded architectural and site plans for the hotel. There are no existing design, height, or materials recorded for the existing fence along Monarch Street and Juniata Street. At the time the hotel was approved there were no limitations on fence height within the setback. Ordinance #22, Series of 1995, set height limitations for fences for the first time in the Land Use Code as Section 16 read that ‘Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards…On corner lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs 180 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 2 the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be erected or maintained which exceeds a heigh of forty-two (42) inches” It is reasonable to conclude that the fence height, materials and design were most likely too minor of a detail to rise to the level of being reviewed as part of the original PUD and subsequent amendments. Additionally, at the time the hotel was built there were no limitations on fence height on a street facing façade or within the setback. Although dimensional changes to the fence were never recorded and fence heigh within setbacks and on street facing facades were not part of the hotels approvals as these details were not part of the City’s Land Use Code, staff finds the request to increase fence heights over 6’ and to its highest point at 10’ inconsistent with underlying zoning. These fences per underlying zoning should not be greater than 42” and for building code as they protect a pool, no greater than 48”. Staff finds this criterion to be not met. 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. Seasonal structures – Staff findings: The seasonal structures will be erected on existing courtyards within an already established building envelope. No impacts to natural or man-made hazards are anticipated as part of this work. Staff finds this criterion to be met. Renewable energy equipment – Staff findings: The solar array is contemplated on the existing roof of the lodge and the batteries will be located within established building envelopes. Staff finds this criterion to be met. Fence height variance – Staff findings: No new buildings are proposed. Staff finds this criterion to be not applicable. 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. 181 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 3 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. Seasonal structures & renewable energy equipment – Staff findings: All improvements related to seasonal structures and renewable energy equipment are limited to areas that are not highly visible from the surrounding neighborhoods. The prominent walls of the resort shield the structures from view from surrounding streets and rights-of-way. The renewable energy equipment will meet setback standards required per Title 26 of the Land Use Code. Staff finds this criterion to be met. Fence height variance – Staff findings: No new buildings are proposed. The proposed change to the site/landscape plan is the request for fencing located within the side and rear setback along the sidewalk ROW. The proposed placement is located where it has historically been located and has a design that is identical to that of the existing fence. The fence is wrought iron and does not disturb the visual character of the existing area. The fence is existing yet the ask of the applicant is to increase the height of the fence to deter animal and human trespass. The requested height, ranging from 6’ to 10’ increase due to change of grade. There is an existing retention wall that currently ranges from grade to 5’-3” in height. The addition of a 42” – 6’ fence in height will significantly increase the visual impacts to the pedestrian experience creating nearly 290 feet of approximately 6’-10’ tall fencing along the sidewalk of Monarch Street and Juanita Street. This does not reflect the neighborhood context and detracts from the visual identify of town. The City has set many standards within the Land Use Code to deter disconnection of pedestrian experiences. These standards are evident in chapters such as the Residential Design Standards and Miscellaneous Standards which clearly intends for fences on street facing facades to only be 42”. Tall fences create visual obstructions, which can negatively impact the pedestrian experience, undermine neighborhood character, and diminish a sense of place. Staff finds this criterion to be not met. 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. 182 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 4 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, 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. Seasonal structures – Staff findings: The maximum dimensions of the seasonal structures are established as part of this review and represented in Table I of the ordinance. No variances or dimensional flexibility is anticipated for these structures. Staff finds this criterion to be met. Renewable energy equipment – Staff findings: Staff recommends simply memorializing the ability to install renewable energy equipment without identifying specific locations. In this way, maximum flexibility can be exercised to accommodate these improvements. Underlying zoning restrictions (i.e., setbacks) will still apply to equipment located on roofs and other areas that might be visible to the public. Staff finds this criterion to be met. Fence height variance – Staff findings: The project proposes updating fencing to deter human and wildlife. Per Section 26.445.050 – Project Review Standards, Council shall consider the following: “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.” PD’s give Council flexibility for dimensional allowances, in this case, staff recommends Council looks to underlying zoning and building code to set the dimensions for fence height. The applicant makes note that at the time of development for the hotel in 1988 there were not limitations on fence height. The PD did not memorialize fence height nor materials at the time of approval and, since then, the PD has remained silent on fencing around the St. Regis. Fence height maximum for the site, per underlying zoning, shall be 42” in height maximum. Because the walkway leads to a pool, staff finds that Building Code’s maximum height for a Barrier of 48” is appropriate (2015ISPSC). Staff finds this criterion to be not met. 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. 183 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 5 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 findings: Commercial design standards are addressed in Exhibit A.2. As for materials- the fence is made of rod iron which staff believes to be appropriate. The seasonal structures are made from temporary materials such as canvas and plastic. While these are generally not appropriate in the cold climate of Aspen, the prominent walls of the resort shield these structures from view in the surrounding area so visual impacts will be minimized. Staff finds this criterion to be met. 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, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff findings: None of the proposed improvements will impact existing pedestrian, bicycle, and transit facilities. Staff finds this standard to be 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 findings: None of the proposed improvements are anticipated to impact engineering design standards or the Urban Runoff Management Plan. Staff finds this criterion to be not applicable. 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 findings: The City Park’s Department provided referral comments for this review and has agreed to remove one apple tree within the right-of-way adjacent to the property and to plant two new trees for which the city will install an irrigation system to maintain watering. These are incorporated as conditions of approval in the ordinance. 184 Exhibit A.1 Planned Development – Project Review Staff Findings Page | 6 The application is to re-install an existing fence at a greater height. Staff finds this standard to be met. 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 findings: The application is to re-install an existing fence at a greater height. Driveway or parking is not disrupted through this fencing location. Staff finds these standards to be not applicable. 185 Exhibit A.2 Commercial Design Review Staff Findings Page | 1 Sec. 26.412 – Commercial Design Review The scope of work proposed in this application triggers a Substantial Amendment for Commercial Design Review, pursuant to Land Use Code Section 26.412.090.b. While certain Commercial Design Review standards apply, many do not. As provided per Land Use Code Section 26.412.040.e, Combining of Reviews, the Community Development Director has determined that consolidating Conceptual Design and Final Design is appropriate. For simplicity, only the applicable design standards/guidelines are included in this review. CONCEPTUAL DESIGN General Standards and Guidelines Site Planning & Streetscape: 1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi-public space to private space. Seasonal structures – Staff findings: The seasonal structures will be located within the confines of the resort behind tall prominent walls. Additionally, these structures are limited to courtyards that are sunken down below landscaping features and other elements that shield them from surrounding public right-of-way. These improvements will not detract from the transition between public space/semi-public space to private space. Staff finds this criterion met. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Seasonal structures – Staff findings: The proposed seasonal structures are sufficiently setback in a manner that has no bearing on defining the property line. Staff finds this criterion to be not applicable. Building Mass, Height, and Scale: 1.10 A new building should appear similar in scale and proportion with buildings on the block. Seasonal structures – Staff findings: While the seasonal structures are not permanent, they will be erected for up to one third of any given year (150 days). The mass, height and scale of these improvements should be considered. The locations, size and scale of these structures are not of concern to staff. They are setback back from adjacent rights-of-way, are situated behind existing four-story walls of the resort. The scale and proportion of these structures is negligible as they will not be visible from the surrounding neighborhood. Staff finds this criterion to be met. 186 Exhibit A.2 Commercial Design Review Staff Findings Page | 2 1.12 On lots larger than 6,000 sq. ft., break up building mass into smaller modules. Seasonal structures – Staff findings: The seasonal structures will provide additional perceived building articulation as viewed from within the confines of the resort. Staff finds this criterion to be met. 1.19 Use materials that complement the design of the building façade. Seasonal structures– Staff findings: The structures proposed by the Applicant are made from canvas and plastic. These are not considered high-quality materials as they lack the proven durability and weathering characteristics suitable for a mountain climate. However, the prominent walls of the resort and landscaping throughout the property will do a good job of shielding the view of these structures from the street, so concerns related to neighborhood impact are reduced. Given the inherent temporary/seasonal nature of the materials, staff believes it is appropriate to allow these improvements. Staff finds this criterion to be met. Materials & Details: 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Seasonal structures– Staff findings: The structures proposed by the Applicant are made from canvas and plastic. These are not considered high-quality materials as they lack the proven durability and weathering characteristics suitable for a mountain climate. However, the prominent walls of the resort and landscaping throughout the property will do a good job of shielding the view of these structures from the street, so concerns related to neighborhood impact are reduced. Given the inherent temporary/seasonal nature of the materials, staff believes it is appropriate to allow these improvements. Staff finds these criteria to be met. 187 Exhibit A.2 Commercial Design Review Staff Findings Page | 3 Mountain Base Character Area Standards/Guidelines: 6.2 Place building into the topography to minimize visual impacts from downtown and to reinforce strong relationships to the mountain. Seasonal structures– Staff findings: The locations of the proposed structures within the confines of the resort will shield them from view from surrounding streets and the downtown area. Staff finds this criterion to be met. 6.3 Minimize retaining walls. When retaining walls are necessary, integrate them into the architecture. Fence height variance – Staff findings: Although the existing retaining walls are not being manipulated, the request is to increase the height of the walls through adding 42” fencing. Adding additional height of a different material, wrought iron, does not integrate them into the existing architecture which is brick materials. Staff finds this criterion to be not met. 6.4 Incorporate open space into building placement and site design. Seasonal structures- Staff findings: There are currently four open courtyards located between buildings. Portions of these spaces will be occupied by seasonal structures. While some existing open space will be reduced, based on the size and locations of structures from previous years, staff believes sufficient open space will remain. Staff finds this criterion to be met. 6.6 Create intersect along the street, for instance by providing places for the public to sit. Fence height variance – Staff findings: Staff finds the added height, between 6’ – 10’ along the length of 290 feet, does not create intersect along the street. Staff finds this increase height decreases the pedestrian intersect from the street with the St. Regis. Staff finds this criterion to be not met. FINAL DESIGN An application for a final development plan shall include: 1. The general application information required in Section 26.304.030 of this Title. 2. A site plan and survey showing property boundaries, the location and orientation of existing and proposed improvements, proximity to any preserved view planes, and predominant site characteristics. 3. Final scaled and dimensioned drawings of all proposed structures and/or additions included as part of the development. 4. An accurate representation of all major building materials to be used in the development, depicted through samples or photographs. 5. Visual depiction of the proposed building in the context of the overall block. 6. A statement, including narrative text or graphics, indicating how the final design conforms to representations made or stipulations placed as a condition of the 188 Exhibit A.2 Commercial Design Review Staff Findings Page | 4 approval of the conceptual design. Staff may request specific additional materials, including 3-D computer modeling. 7. Final landscape and lighting plans. Staff findings: As previously mentioned, although a Substantial Amendment for Commercial Design Review is triggered, the Community Development Director has determined that a consolidated review is warranted, which means a single application and review is acceptable. Given the relatively limited scope of work proposed in the application, scaled dimensional drawings of structures, landscape and lighting plans, and 3-D modeling are not needed. The ordinance does include a condition of approval requiring an updated site plan depicting the footprint of the proposed fence along with top of wall/bottom of wall identified. Staff finds these criteria to be met. 189 Exhibit A.3 Growth Management Review Staff findings Page | 1 Sec. 26.470.050.c – Employee Generation Review Any applicant who believes the employee generation rate is different than outlined that outlined in Title 26 may request an employee generation review. In establishing employee generation, the following criteria shall be considered: 1. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort. Staff findings: The application includes a full audit and thorough analysis of the number of employees generated by resort operations vs. the number of employees housed. According to the First Amended PUD Agreement from 1988, a total of 331 employees were generated from lodge operations, requiring mitigation for 198.5 FTEs (33 x 0.6 = 198.5). Although some aspects of the development have evolved overtime (e.g., in 2003 Council approved the conversion of multiple lodge rooms into timeshare units), the number of employees generated by the development has remained relatively consistent. In 2010, the St. Regis submitted an audit to the City showing employment numbers from 2006 to 2009. According to the audit, employment at the St. Regis never exceeded 331 FTEs during that time. The most recent audit covers employment numbers for winter 2022-2023, which comes to a total of 330.6 FTEs – 0.4 FTEs below 331 for which mitigation has been provided. Staff agrees with the application’s analysis that no new FTEs will be generated from the new structures, with two caveats. Staff finds this criterion to be met. 2. Any unique employment characteristics of the operation. While staff agrees with the Applicant’s employee audit, certain conditions should be placed on the approval to ensure adequate mitigation is provided in future years. First, uses allowed within the seasonal structures should be limited to those allowed by-right within the Lodge (L) zone district such as one-off events like weddings and corporate retreats. Such uses are appropriate as the staff and infrastructure required to host these events are integral to existing resort operations and comply with underlying zoning. Conversely, using the structures to accommodate uses unrelated to lodge operations such as third-party retail or restaurant operations generates additional traffic, employee demand and other infrastructure-related impacts without the mitigation typically exacted for adding commercial space. Retail use is allowed only within certain designated areas of the PD (none of which are included in this application). If the Applicant wishes to accommodate retail use in the future, a subsequent application requesting Conditional Use Review, or a PD amendment should be required. Second, although the Applicant agrees to pay the mitigation annually assessed at the time of tent permit, and use of the structures is limited to underlying zoning, staff remains concerned about future mitigation constraints. The deed-restrictions associated with four of the affordable housing units – Alpina Haus, Copper Horse, Grand Aspen, and Ute City Place – are set to expire in approximately twelve years (around 2035). These units represent the mitigation provided for 129.5 FTEs when the 190 Exhibit A.3 Growth Management Review Staff findings Page | 2 PD was developed. Following their expiration, only the mitigation from Hunter Longhouse will remain (representing 69 FTEs). Without additional action, the mitigation provided for the St. Regis will fall from 60 percent to 21 percent. Unless the St. Regis voluntarily agrees to work with the City to amend existing development agreements to top off mitigation, it will likely be difficult to require additional mitigation when no development is proposed. As an alternative, staff recommends follow-up analyses (i.e., audits) be included as a condition of this approval. If future audits determine that more than 331 FTEs are generated from resort operations, additional mitigation may be assessed. Given the seasonal nature of the proposed structures, annual tent permit approval is required. If Council desires, staff may withhold the issuance of future tent permits until mitigation is provided. Staff encourages Council to discuss this topic with the Applicant at Second Reading. Staff finds this criterion to be met subject to the conditions described herein. 3. The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. Staff findings: According to the application and the audit provided by the Applicant, existing FTEs at the resort will be able to service the proposed structures. The audit showed that during the previous winter (2022-2023), the number of FTEs did not exceed 331 which is what was originally projected pursuant to the PD from 1988. Staff tends to agree with this analysis as one-off events such as weddings and corporate retreats are integral to existing resort operations. It’s worth noting that last winter, some of the structures were used to augment existing lodge operations such as restaurants without generating additional FTEs. Because the approval is limited to uses allowed by-right pursuant to underlying zoning, these structures can also theoretically augment existing operations of the resort and still comply with zoning. There appears to be opportunity for existing employees to overlap and serve these structures while also performing regular duties. However, staff recommends future audits to ensure additional FTEs are not required. Staff finds this criterion to be met. 4. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. Staff findings: As described in criterion #2 on the previous page, staff proposes multiple conditions to ensure proper mitigation is provided in future years as operations change. Staff finds this criterion to be met. 5. Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. The requirements of any proposed follow-up analysis shall be outlined in a Development Agreement, pursuant to Chapter 26.490. Staff findings: As described in criterion #2 on the previous page, staff proposes multiple conditions to ensure proper mitigation is provided in future years as operations change. A development agreement may be required to meet this 191 Exhibit A.3 Growth Management Review Staff findings Page | 3 standard at the discretion of the Community Development Director. Staff finds this criterion to be met. 6. For single-family and duplex development and redevelopment, Employee Generation Review shall be only available for projects that can show evidence that mitigation was previously provided using physical units (on-site or off-site) which are currently deed-restricted and house APCHA qualified residents. The Planning and Zoning Commission will compare the mitigation provided at the time of the unit's deed restriction with the mitigation currently required for redevelopment using FTEs (Full-time Equivalents) as the basis for comparison. P&Z review shall ensure that any previously provided unit remains consistent with the intent of current APCHA regulations and standards and applicable provisions of the Land Use Code. Staff findings: The application does not request single family or duplex development. Staff finds this criterion to be not applicable. 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 TOP OF WALL CAPSTONE EDGE OF ST. REGIS STRUCTURE NEW BLACK METAL SECURITY FENCE 6'-0"6'-2"0'-7"3'-10"10'-0"28'-3" Existing Grade NORTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 6' HIGH BLACK STEEL FENCE STEPS DOWN WITH GRADE 3'-0"6'-0"3'-0"6'-0"NORTH GATE Existing Grade SOUTH GATE 42" METAL SECURITY RAILING ALONG TOP OF WALL 3'-6"SOUTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS3'-612"5'-2"5'-2"5'-4"6'-5"3'-0"6'-812"7'-5"7'-8"4'-0"5'-3"8'-11"SOUTH GATE NORTH GATE PLANTER PLANTER PLANTER WITH 42" SECURITY RAILING 2 NORTH GATE ELEVATION 3 PLANTERS WITH RAILING ELEVATION 1 FENCE AT CORNER OF BUILDING 4 SOUTH GATE ELEVATION 6'-9"6'-712"6'-312"PLAN VIEW LOCATION OF ELEVATION piñon sage landscape architects carbondale, CO, 81623 devin@pinonsage.com (970) 379.0816 ST. REGIS HOTEL315 EAST DEAN STREETASPEN, COLORADOPS job# - 249 drawn - DG ckd - DG revisions description#date L2.0 FENCE ELEVATION AND PLAN ISSUE DATE - 08/18/23 VARIANCE REVIEW 299 TOP OF WALL CAPSTONE EDGE OF ST. REGIS STRUCTURE NEW BLACK METAL SECURITY FENCE 6'-0"6'-2"0'-7"3'-10"10'-0"28'-3" Existing Grade NORTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS 6' HIGH BLACK STEEL FENCE STEPS DOWN WITH GRADE 3'-0"6'-0"3'-0"6'-0"NORTH GATE Existing Grade SOUTH GATE 42" METAL SECURITY RAILING ALONG TOP OF WALL 3'-6"SOUTH GATE LOCATION: 6' HIGH GATE EMERGENCY EXIT WITH KEY ACCESS3'-612"5'-2"5'-2"5'-4"6'-5"3'-0"6'-812"7'-5"7'-8"4'-0"5'-3"8'-11"SOUTH GATE NORTH GATE PLANTER PLANTER PLANTER WITH 42" SECURITY RAILING 2 NORTH GATE ELEVATION 3 PLANTERS WITH RAILING ELEVATION 1 FENCE AT CORNER OF BUILDING 4 SOUTH GATE ELEVATION 6'-9"6'-712"6'-312"PLAN VIEW LOCATION OF ELEVATION piñon sage landscape architects carbondale, CO, 81623 devin@pinonsage.com (970) 379.0816 ST. REGIS HOTEL315 EAST DEAN STREETASPEN, COLORADOPS job# - 249 drawn - DG ckd - DG revisions description#date L2.0 FENCE ELEVATION AND PLAN ISSUE DATE - 08/18/23 VARIANCE REVIEW 300 Page 1 of 3 Ordinance No. 16, Series of 2023 - Building IQ Ordinance Amendments MEMORANDUM TO: Mayor Torre and City Council FROM: Clare McLaughlin, Sustainability Programs Administrator THRU: Tessa Schreiner, Sustainability Manager; CJ Oliver, Director of Environmental Health and Sustainability; Phillip Supino, Director of Community Development MEMO DATE: September 28, 2023 MEETING DATE: October 10, 2023 RE: Ordinance No. 16, Series of 2023 – Second Reading Building IQ Ordinance Amendments REQUEST OF COUNCIL: Staff requests that City Council review and approve Ordinance No. 16, Series of 2023 on second reading. The ordinance amendments remove the date by which staff would bring building performance standards guidelines to Council and clarifies that guidelines would be adopted by ordinance. BACKGROUND: In response to stakeholders’ request for more local data to develop BPS Guidelines, Ordinance No. 16, Series of 2022 amends the original ordinance to remove the date by which staff must return to Council with a BPS ordinance. Staff will keep Council informed in 2024 through information only memos on the progress of BPS development with the Committee. Additionally, the original ordinance does not specify how the Guidelines will be adopted. Ordinance No. 16, as proposed by staff, adds language to specify that Guidelines will be adopted through ordinance. This amendment will create clarity for Council and the community as to next steps in the development of the program. On September 26th, 2023, Council passed Ordinance No. 16, Series of 2023 on first reading. Information can be found in Appendix A: Building IQ Ordinance Amendments First Reading Memo. DISCUSSION: At the first reading of this ordinance on September 26, 2023, Council asked staff to address various questions, which are answered below. Councilmember questions at first reading of the ordinance: • Do other communities provide funds to support building performance improvements? 301 Page 2 of 3 Ordinance No. 16, Series of 2023 - Building IQ Ordinance Amendments Communities that have adopted building performance standards have a variety of methods to financially support building performance improvement. o Denver leverages the Climate Protection Fund, a sales tax to support climate work. o Boston channels alternative compliance payments from buildings who do not meet targets into the Equitable Emissions Investment Fund, which supports building upgrades for environmental justice populations. o Many communities offer a building performance improvement “hub” or website that guides building owners through compliance as well as technical and financial support options. Financial support options may include electrification rebates; prioritized funding for qualifying businesses, frontline communities, and affordable housing; incentives; Colorado Commercial Property Assessed Clean Energy (C-PACE) financing, Colorado Clean Energy Fund financing, tax deductions, utility rebates, and more. • Who is on the Building Performance Standards (BPS) Stakeholder Committee ? Appendix B: BPS Stakeholder Committee Roster includes a complete list of Committee members. • What do other cities do for a BPS? Appendix C: BPS Policy Comparison Matrix outlines BPS policies in jurisdictions across the nation. Staff requests that Council review and approve Ordinance No. 16, Series of 2023 on second reading to remove the date by which staff must bring BPS Guidelines to Council and clarify that the Guidelines will be adopted by ordinance. FINANCIAL IMPACTS: There is no direct financial impact to either proposed change. Staff has been directed to create a Building IQ implementation funding plan as per Council Protect the Environment goal, which staff will bring to Council in Q3 2024. ENVIRONMENTAL IMPACTS: Building IQ (benchmarking and building performance standards) will drive environmental impact at scale necessary to respond to the climate emergency. Benchmarking provides data and tools for energy management and consumption reduction for most of Aspen’s commercial and multifamily square footage. Building Performance Standards will require buildings to meet a standard that will help the City reach its climate goals. Building IQ is an integral part of the Aspen Sustainability Action Plan (ASAP) and enables future ASAP actions, furthermore, it is a central component of Council’s 2023-2025 goal to Protect the Environment. STAFF RECOMMENDATION: Staff recommends Council approve Ordinance 16, Series of 2023 on second reading. 302 Page 3 of 3 Ordinance No. 16, Series of 2023 - Building IQ Ordinance Amendments CITY MANAGER COMMENTS: ATTACHMENTS: Appendix A: Building IQ Ordinance Amendments First Reading Memo Appendix B: Building Performance Standards Stakeholder Committee Roster Appendix C: BPS Comparison Matrix CITY MANAGER COMMENTS: 303 Ordinance Amending Chapter 8.60 Energy Benchmarking Ordinance 16, Series 2023 Page 1 of 3 ORDINANCE No. 16 (Series of 2023) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 8.60 ENERGY BENCHMARKING TO REDUCE GREENHOUSE GAS EMISSIONS WHEREAS,on or about April 12, 2022, the City of Aspen adopted Ordinance #5, Series of 2022, which added Chapter 8.60, to Title 8 of the Aspen Municipal Code; and, WHEREAS, pursuant to Ordinance #5, the City of Aspen recognized that anthropogenic climate change and the impacts to theecological and economic health of the community constitutes an emergency and a threat to the health and safety of the residents of the City of Aspen and the global community; and, WHEREAS, the City of Aspen is a signatory to the US Mayors' Climate Protection Agreement, the Chicago Climate Exchange, and the Global Covenant of Mayors for Climate and Energy, and is committed to the Race to Zero campaign and the provisions of its own Ecological Bill of Rights; and WHEREAS, pursuant to Ordinance #5, Series of 2022, the Department of Environmental Health and Sustainability was directed to develop proposed building performance standard guidelines to be considered and adopted by City Council on or before October 1, 2023; and WHEREAS,modeling the approach taken by other communities with similar programs, the City had planned to convene a committee of stakeholders monthly between January and May 2023 to provide input on BPS guidelines, developing final recommendations over the summer. However, at the March and April BPS Stakeholder Committee meetings, stakeholders asked for additional cost information to support more informed discussion and recommendations on energy efficiency and beneficial electrification policy options. Specifically, they asked for on- the-ground, local examples of what making building improvements to reduce GHG emissions could look like—both what technology is available and what it could cost. In response to this feedback, the City shifted and updated the Committee process to address this feedback and meet the needs of stakeholders by spending additional time gathering more data. This community- responsive approach to the stakeholder process is critical to the success of the Building IQ program, as policy design must consider the on-the-ground realities of buildings in Aspen and its unique building stock relative to other jurisdictions (i.e., smaller buildings, different mechanical equipment use, cold climate); and, WHEREAS,based on the foregoing, the Department of Environmental Health and Sustainability is requesting that the provision of Section 8.60.120 (a) setting out a specific date of October 1, 2023 for submission of proposed building performance guidelines be deleted; and WHEREAS,the proposed amendment to Section 8.60.120 (a), with additions in red and deletions reflected in red with a strikethrough notation will read as follows: Pursuant to the powers and authority conferred by the Charter of the City, the Department of Environmental Health and Sustainability shall develop proposed building performance standard 304 Ordinance Amending Chapter 8.60 Energy Benchmarking Ordinance 16, Series 2023 Page 2 of 3 guidelines to be considered and adopted by City Council by ordinance. on or before October 1, 2023. The building performance standards shall address following: ...; and WHEREAS,the remainder of Section 8.60.120, including the remainder of subsection (a), shall remain the same; and WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Section 8.60.120 (a), of the Aspen Municipal Code is hereby deleted in its entirety and replaced with the following: Pursuant to the powers and authority conferred by the Charter of the City, the Department of Environmental Health and Sustainability shall develop proposed building performance standard guidelines to be considered and adopted by City Council by ordinance. The building performance standards shall address following: Section 2: All other provisions of Section 8.60.120, including the remaining portions of subsection (a), shall remain in full force and effect. Section 3:Any scrivener’s errors contained in the code amendments approved by Ordinance #5 (Series of 2022) or set forth herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become effective thirty (30) days following final passage. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 10th day of October 2023, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 305 Ordinance Amending Chapter 8.60 Energy Benchmarking Ordinance 16, Series 2023 Page 3 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26 th day of September 2023. Attest: ______________________________________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed and approved this ___ day of October 2023. Attest: _____________________________________________________ Nicole Henning, City Clerk Torre, Mayor Approved as to form: ___________________________ James R. True, City Attorney 306 1 MEMORANDUM TO: Mayor and City Council FROM: Clare McLaughlin, Sustainability Programs Administrator THROUGH: Tessa Schreiner, Sustainability Manager; CJ Oliver, Director of Environmental Health and Sustainability; Phillip Supino, Director of Community Development MEMO DATE: September 5, 2023 MEETING DATE: September 26, 2023 RE: Ordinance No. 16, Series of 2023 – First Reading Proposed Code Amendments to Building IQ REQUEST OF COUNCIL: Staff requests that City Council review and approve Ordinance No. 16, Series of 2023, which amends Ordinance No. 5, Series of 2022 on First Reading. SUMMARY AND BACKGROUND: In January 2022, the City adopted science- based targets that direct Aspen to reduce greenhouse gas (GHG) emissions 63% by 2030 and by 100% by 2050. Building sector emissions account for 57% of Aspen’s total emissions, therefore, reducing emissions from buildings is the most important strategy to reach the City’s targets. Council regulates the built environment and addresses these emissions through Title 8, which includes leading- edge building and energy codes for new and existing buildings. Building IQ augments the City’s existing building code to address emissions from existing buildings.. Without Building IQ, which includes benchmarking and developing a building performance standard, the City will not reach its climate goals. Building IQ requirements: Building IQ works to address emissions from existing buildings through a phased, two- part program: the first phase is benchmarking, and the second phase is building performance standards (BPS). Programs like Aspen’s are being implemented across the nation (e.g., City of Boston, City of Chula Vista, State of Colorado, City of Denver, Federal Government, New York City, City of St. Louis, State of Washington, Washington D.C.). For a matrix comparing finalized and signed BPS laws among other jurisdictions, see Appendix A. For a map of jurisdictions committed to developing and passing BPS policies, see Appendix B. This is a nationally accepted regulatory model for addressing emissions in existing buildings. 307 2 Benchmarking is the process in which building owners track their building’s energy and water use over time and report data to the City annually. Benchmarking data set a baseline for understanding how a building is performing and where opportunities exist in buildings to make efficiency improvements over time. The data collected provides valuable information to develop better targeted and supportive programs for property owners to assist the community in meeting adopted emissions reductions targets. The second phase, a BPS, responds to the baseline data found in benchmarking and requires buildings owners and tenants to reach a certain standard related to energy use, GHG emissions, and water use, which may require upgrades, depending on the building performance. The specific performance standards and metrics for a BPS in Aspen are under development, with the support of the BPS Stakeholder Committee (Appendix C includes a list of Committee members). Creating a BPS for existing buildings is similar to building and energy codes for new buildings –mechanisms to improve building performance, health, safety, and to support the City’s multi-decade response to the climate crisis. Building Performance Standards Stakeholder Committee: The Building IQ ordinance adopted by Council in 2022 requires staff develop a BPS through a stakeholder engagement process. Beginning in January 2023, City staff launched the BPS Stakeholder Committee (Committee), a group of 24 stakeholders representing expertise and interests across multiple areas and sectors including: building owners and managers, building industry professionals (i.e., engineers, planners, architects), City of Aspen Community Development; energy efficiency and climate- focused nonprofits, local utilities, and a public participation/communications representative. The charge of the Committee is to provide input to City staff in developing draft BPS Guidelines for existing buildings that are responsive to the economic and practical realities of building ownership and management, and help the City reach its goal of zero GHG emissions by 2050. The Committee’s charter can be found in Appendix D. The BPS Guidelines will serve as the guiding document for the BPS, establishing which buildings will need to meet the BPS, a timeline, performance metric(s), baseline metric(s), alternate compliance options, and violations and enforcement for buildings that do not meet their set BPS. Thus far, the Committee has met for four, three-hour sessions between January and April. They discussed the goals, purpose, and desired outcomes for BPS; which building types and sizes to cover; potential performance metrics and timelines; potential policy options for energy efficiency; potential policy options for beneficial electrification; technical and financial support; and potential alternative compliance options. Committee members also volunteered to participate in working groups, which investigated related topics including equity and affordability and workforce. BPS Stakeholder Committee request: Modeling the approach taken by other communities with similar programs , the City had planned to convene the Committee monthly between January and May 2023, developing final recommendations over the summer. However, a t the March and April BPS 308 3 Stakeholder Committee meetings, stakeholders asked for additional cost information to support more informed discussion and recommendations on energy efficiency and beneficial electrification policy options. Specifically, they asked for on-the-ground, local examples of what making building improvements to reduce GHG emissions could look like—both what technology is available and what it could cost. In response to this feedback, the City shifted and updated the Committee process address this feedback and meet the needs of stakeholders by spending additional time gathering more data. This community-responsive approach to the stakeholder process is critical to the success of the Building IQ program, as policy design must consider the on-the-ground realities of buildings in Aspen and its unique building stock relative to other jurisdictions (i.e., smaller buildings, different mechanical equipment use, cold climate). Staff response to stakeholders’ request: To gather the new information requested by stakeholders, stakeholders and staff decided to conduct case studies to inform collective thinking about how best to structure the eventual building performance standards. To collect and analyze the requested loc al data, the City has contracted Iconergy to conduct eight ASHRAE Level 2 building audits during the summer and fall of 2023. Audits include four City -owned buildings and four privately-owned commercial and multi-family buildings. These eight buildings represent a mix of sizes and use-types most prevalent in Aspen’s multifamily and commercial building stock. From these building audits, Iconergy will assess the economics of implementing energy conservation and electrification measures relative to projected energy savings and emissions reductions. Ultimately, this information will be presented to the Committee in the fall when the group resumes meetings. These case studies will help stakeholders better understand the likely benefits, costs, and other potential implications of a BPS policy in Aspen. DISCUSSION Update Guidelines Date Ordinance No. 05 included a specific date by which staff would return to Council for adoption of proposed BPS standards (October 1, 2023). Responding to the Stakeholder Committee’s request for more data by gathering data on local buildings and running the best possible process requires additional time and analysis. The original October date was included in the ordinance to create clarity for Council and the community on how the program would be developed and implemented. In learning from the Stakeholder Committee and responding to them, staff has realized that an arbitrary deadline could serve as an obstacle to getting the BPS ordinance right. As such, Ordinance No. 16 amends the original ordinance to remove the date by which staff is required to return to Council with a BPS ordinance. Staff will keep Council informed in 2024 through information only memos on the progress of BPS development with the committee. Adopting Guidelines Currently, Ordinance No. 05 does not specify how the Guidelines will be adopted. Ordinance No. 16, as proposed by staff, adds language to specify that Guidelines will be 309 4 adopted through ordinance. This amendment will create clarity for Council and the community as to next steps in the development of the program. ALTERNATIVES: Council could not approve removing the date by which staff bring BPS guidelines to Council, as recommended by the BPS Stakeholder Committee, which would impact the amount of stakeholder feedback considered in the development of the Guidelines. Should Council not favor removing the date, staff will return to Council as soon as is practicable with a BPS ordinance. However, because of a truncated process, that ordinance would not be as responsive to stakeholder input as Council and the community would otherwise expect. Additionally, Council could not approve staff’s recommended path for Guidelines adoption and recommend an alternative pathway. FINANCIAL IMPACTS: There is no direct financial impact to either proposed change. Staff has been directed to create a Building IQ implementation funding plan as per Council Protect the Environment goal, which staff will bring to Council in Q3 2024. ENVIRONMENTAL IMPACTS: Building IQ (benchmarking and building performance standards) will drive environmental impact at scale necessary to respond to the climate emergency. Benchmarking provides data and tools for energy management and consumption reduction for most of Aspen’s commercial and multifamily square footage. Building Performance Standards will require buildings to mee t a standard that will help the City reach its climate goals. Building IQ is an integral part of the Aspen Sustainability Action Plan (ASAP) and enables future ASAP actions, furthermore, it is a central component of Council’s 2023-2025 goal to Protect the Environment. STAFF RECOMMENDATION: Staff recommend Council approve Ordinance 16, Series of 2023 on first reading. CITY MANAGER COMMENTS: ATTACHMENTS: Appendix A: Comparison Matrix of U.S. Building Performance Standards Appendix B: National Building Performance Standards Coalition Member Map Appendix C: BPS Stakeholder Committee Roster Appendix D: BPS Stakeholder Committee Charter 310 APPENDIX C Stakeholder Committee Member Roster Field or Specialty Committee Member Building Owners/Managers 1. Mike Bouchet, Aspen Skiing Company 2. Matthew Gillen, Aspen Pitkin County Housing Authority (APCHA) 3. Jimmy Marcus, M Dev Co 4. Kym Ryan, M&W Properties 5. Benjamin Wolff, Frias Property Managers Building Tech 6. August Hasz, REG 7. Joshua Kace, Lawrence Berkeley National Laboratory 8. Ben Levenson, Asset, City of Aspen 9. Bob Narracci, Zoning, City of Aspen 10. Mary Oliver, Design Workshop 11. Dave Rybak, Rybak Architecture & Development, P.C. 12. Derek Skalko, Historic Preservation, 1 Friday Designs 13. Nick Thompson, Buildings, City of Aspen Environment/ Clean Energy/ Sustainability 14. Christine Brinker, Southwest Energy Efficiency Project (SWEEP) 15. Ryland French, Community Office for Resource Efficiency (CORE) 16. Luke Ilderton, Energy Outreach Colorado 17. CJ Oliver, Environmental Health & Sustainability, City of Aspen 18. Amanda Poindexter, United States Green Building Council (USGBC) 19. Erin Sherman, Rocky Mountain Institute (RMI) 20. James Burton, Institute for Market Transformation (IMT) Utilities 21. Justin Forman, City of Aspen Utilities 22. Kyle Lord, Holy Cross Energy 23. Jason Auslander, Black Hills Energy Public Participation and City Governance Counsel 24. Carolyn Sackariason, City of Aspen 311 Comparison of U.S. Building Performance Standards August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State Boston MA Name Building Emissions Reduction and Disclosure Ordinance (Chpt VII, Sec 7-2.1 & 7-2.2) Year Enacted 2021 Covered Buildings All Public/Gov’t. Comm & MF buildings ≥ 20,000 sq. ft., 15 residential units Performance Metrics Annual greenhouse gas (GHG) emissions (kgCO2e/sq. ft./year) Performance Targets/Standards Building targets are set by building type on an emissions intensity basis, each building’s target being multiplied by its gross floor area (blended average for multi-use buildings). Buildings must meet their targets annually starting in 2025, with the targets becoming more stringent every 5 years. Building owners can apply for an individual compliance schedule achieving 50% emissions reduction by 2030 and 100% by 2050 using a 2005 or later baseline. Compliance Cycle Annually starting in 2025 for buildings ≥ 35,000 sq. ft. and 2030 for those between 20,000 - 34,999 sq. ft., with emissions targets ratcheting down every 5 years thereafter until zero carbon in 2050. Compliance Pathways Buildings must meet emissions targets based on their use type, or their individual compliance schedule aligned with a 50% reduction by 2030 and 100% reduction by 2050 targets. Buildings with more than one primary use may comply with a blended CO2 emission standard. Failure to comply with emission standards will result in a fine of $1000 a day for non-residential buildings 35,000 sq. ft. or two or more buildings on a parcel ≥ 100,000 sq. ft and for residential buildings ≥ 35,000 sq. ft. or with 35 dwelling units or more. Failure to comply with emission standards will result in a fine of $300 a day for non-residential buildings ≥ 20,000 sq. ft. but < 35,000 sq. ft. and for residential buildings ≥ 20,000 sq. ft. but < 35,000 sq. ft. or with ≥ 15 dwelling units but < 35 dwelling units. Does not cover state, county, or federal buildings. Exemptions for newly constructed buildings, those with permits for demolition, and those facing spe- cific financial distress, single family housing and multifamily housing with under 15 dwelling units. Cambridge MA Name Building Energy Use Disclosure Ordinance (Ordinance 2021-26) Year Enacted 2023 Covered Buildings Public/Gov’t ≥ 10,000 sq. ft., Comm ≥ 25,000 sq. ft. Performance Metrics GHG Intensity Performance Targets/Standards Straight line trajectory from baseline to zero carbon by 2035 for buildings ≥ 100,000 sq. ft. and 2050 for buildings ≥ 25,000 - 99,999 sq. ft. For covered properties that receive their certificate of occupancy in the years 2018 through 2024, the baseline shall be the average GHG for the first two full calendar years following the certificate of occupancy. Compliance Cycle Annually for buildings ≥ 25,000 sq. ft. with emissions targets ratcheting down every 5 year compliance cycle thereafter until net-zero in 2035 for buildings ≥ 100,000 sq. ft. and 2050 for buildings ≥ 25,000 - 99,999 sq. ft. Compliance Pathways Buildings must meet targets based on their use type, with targets becoming more stringent ever 5 year compliance cycle until net-zero in 2035 for buildings ≥ 100,000 sq. ft. and 2050 for buildings ≥ 25,000 - 99,999 sq. ft. Up to $300 per day per violation, each day counting as a separate violation. TBD Note: Government abbreviated as “Gov’t”; Multifamily abbreviated as “MF”; Commercial abbreviated as “Comm” 312 Comparison of U.S. Building Performance Standards | 2IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State Chula Vista CA Name Building Energy Saving (Ordinance 3498) Year Enacted 2021 Covered Buildings Public/Gov’t, Comm, & MF ≥ 20,000 sq. ft. Performance Metrics ENERGY STAR score or Weather Normalized Site EUI Performance Targets/Standards Conservation requirements differ based on property type. Non-residential and multifamily both have conditions under which they have the option of adhering to performance target requirements. Non-residential buildings are required to meet EITHER the performance targets OR both the audit requirements and minimum improvement requirements. Multifamily properties are subject to Multifamily Prescriptive Measure requirements; multifamily properties with significant common load are required to meet EITHER the performance tar- gets OR both the audit requirements and minimum improvement requirements. Performance targets are based on ENERGY STAR Score and if that is not available, EUI-WN : baseline year ENERGY STAR Score 0-45 or EUI-WN 80+ : 30% baseline year ENERGY STAR Score 46-65 or EUI-WN 51-79: 20% baseline year ENERGY STAR Score 66-79 or EUI-WN 19-50: 10% baseline year ENERGY STAR Score 80+ or EUI-WN 0-18: none Compliance Cycle Every five years beginning 2023 for buildings ≥ 50,000 sq. ft. and 2026 for buildings ≥ 20,000 sq. ft. Compliance Pathways Buildings that do not qualify as HPBs must complete conservation requirements to comply. Multifamily buildings must perform a minimum number of prescriptive measures within all tenant spaces where utility costs are borne by tenants. Non-residential buildings and Multifamily buildings with significant owner-paid energy use must either (1) achieve a minimum EUI improvement or (2) complete an Energy Audit and Retrocommissioning and meet a smaller mandatory minimum improvement by the end of the next compliance cycle. Non-compliance may result in a notice of failure to comply; on the 60th day following the issuance of said notice, public disclosure of non-compliance and monetary fines may be issued. Maximum fine amounts depend on property size: 20,000-49,999 sq. ft. up to $750, 50,000-99,999 sq. ft. up to $1,500, 100,000+ sq. ft. up to $2,250. The law does not apply to county, state, and feder- al buildings, Metropolitan Transit Service buildings, or buildings owned by the Chula Vista and Sweet- water School Districts. Properties meeting any of the following conditions are exempt from the performance standard requirements: • Properties that have been occupied less than 5 years • Properties in financial distress • Properties with a permit for demolition that have already commenced demolition work • Properties that have not been previously subject to the benchmarking requirement Colorado Name Energy Performance for Buildings (HB 21-1286) Year Enacted 2021 Covered Buildings Public/Gov’t, Comm, & MF ≥ 50,000 sq. ft. Performance Metrics TBD in regulations by the Air Quality Control Commission. Site EUI is recommended Task Force metric. Performance Targets/Standards TBD by Air Quality Control Commission in consultation with a BPS task force. Standards must achieve a GHG emissions reduction of 7% from 2021 levels by 2026 and 20% from 2021 levels by 2030. The task force must also recommend to the Commission a process for determining standards for 2030 to 2050. Compliance Cycle Every four years, beginning in 2026 and going through 2050. Compliance Pathways TBD in regulations by the Air Quality Control Commission. An owner that fails to comply may be subject to a civil penalty of up to $2000 for a first violation and up to $5,000 for each subsequent violation. Storage facilities, stand-alone parking garages, or airplane hangars that lack heating and cooling. Buildings where more than half of gross floor area is used for manufacturing, industrial, or agricultural purposes. Single family homes, duplexes, and triplexes. 313 Comparison of U.S. Building Performance Standards | 3IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State Denver CO Name Energize Denver (Bill 21-1310) Year Enacted 2021 Covered Buildings All Comm & MF buildings ≥ 25,000 sq. ft. Performance Metrics Weather Normalized Site Energy Use Intensity (EUI) Performance Targets/Standards Each covered building must meet a maximum site EUI standard based on its occupancy type by the year 2030. Buildings are required to meet interim perfor- mance targets in 2024 and 2027 to ensure progress toward the final, 2030 standard. Interim targets are determined according to the building’s “trajectory” from its baseline site EUI performance in 2019 to the final site EUI standard for its property type. Compliance Cycle Covered buildings must comply with interim performance targets in 2024 and 2027 before meeting a final performance standard in 2030. Compliance Pathways To comply buildings must meet the interim and final performance targets and maintain that level of performance afterward. The law allows buildings to deduct the value of investments in onsite or offsite solar from its measured site EUI. Renewable short- term contracts can now be used for interim targets to offset building electricity usage. • 2024 - 2026 up to 20% of building’s electricity usage. • 2027 - 2029 up to 10% of the building’s electricity usage. • Long-term only after 2030. An owner that violates any provision of the ordinance or its rules and regulations is subject to a civil penalty of up to $0.70 per year for each required kBtu reduction that the owner’s building failed to achieve in that year. If unpaid within 180 days the penalty becomes a lien on the property. A fine of $2000 can be levied for failing to correct benchmarking errors, or knowingly submitting inaccurate information, or withholding information. Starting in 2031, maintenance penalties may occur if an owner fails to maintain their 2030 target indefinitely, as defined as the annual site EUI being 5% worse than the maintenance target. The penalty is $0.30/kBtu. Exemptions currently exist for some buildings related to demolition, manufacturing and agricultural processes, low occupancy, construction, and difficulty obtaining energy data. Federal BPS Name Federal Building Performance Standard (Section 510(b)(ii) of E.O. 14057) Year Enacted 2022 Covered Buildings Refer to Section 3.2 - Federal BPS Applicable Facilities Performance Metrics MT CO2e/yr. The performance pathway is measured through annual scope 1 GHG emissions from fossil fuels combusted on-site. Performance Targets/Standards 30% (by total building area) of each Federal agency’s buildings to eliminate all Scope 1 emissions — on-site fossil fuel use — by 2030. No later than 2028, CEQ will set new targets for years 2038 and 2045 for the per- centage of buildings that every agency must electrify. Compliance Cycle Agencies will capture data in their annual Compliance Tracking System (CTS) reporting to FEMP (Federal Energy Management Program) based on forthcoming guidance from CEQ and FEMP. Reporting will begin as part of the FY 2024 CTS data report. Agencies will set annual progress targets in consultation with CEQ and OMB (Office of Management and Budget), beginning with FY 2024. CEQ and OMB will review progress annually and assess satisfaction in FY 2030. Compliance Pathways Performance pathway: Facility achieves zero scope 1 emissions from on-site fossil fuel emissions. The federal BPS document does not mention penalties. 314 Comparison of U.S. Building Performance Standards | 4IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State Maryland Name Climate Solutions Now Act (SB 528) Year Enacted 2022 Covered Buildings Public/Gov’t, Comm, & MF buildings ≥ 35,000 sq. ft. Performance Metrics Net direct emissions standards (kg CO2e per square foot) for interim standards and Site EUI Standards (kBTU per square foot) for the final standard for 2040 and beyond. Performance Targets/Standards Existing buildings over 35,000 square feet achieve a 20% reduction in net direct greenhouse gas emissions on or before January 1, 2030, as compared with 2025 levels for average buildings of similar construction; and net–zero direct greenhouse gas emissions on or before January 1, 2040. Compliance Cycle Five year cycle starting in 2030 and final standards in 2040. Compliance Pathways Buildings must meet interim and final net direct emissions and final site EUI standards according to their property type. Payments will be based on the social cost of carbon and rules have not been set for this in Maryland as of yet. The Social Cost of Greenhouse Gases in 2030 are estimated to average $230 per metric ton of CO2e. Single family, fast food restaurants, food services, restaurants, and parking are exempt from BPS. Montgomery County MD Name Building Energy Use Benchmarking and Performance Standards (Bill 16-21) Year Enacted 2022 Covered Buildings Public/Gov’t, Comm, & MF buildings ≥ 25,000 sq. ft. Performance Metrics Normalized Site Energy Use Intensity (EUI) Performance Targets/Standards Trajectory approach, numerical values still to be set. Compliance Cycle 5 years. Uses IMT’s trajectory approach. Requirements phase-in by building type/size. Properties will have to meet 1 interim standard five years from their start date and a final standard 5 years after that. Compliance Pathways If owners believe they will be unable to meet the standards by the deadline or will be exceptionally burdened by doing so, they may propose an alternative compliance plan for consideration by the Building Energy Improvement Board. Still to be determined. Currently, the County has the authority to assess a fine of up to $1,000. State legislation that would allow the County to increase fines above the statutory capped and increase the amount up to $10 per square foot of gross floor area to enforce local building energy performance laws failed in 2022 session. Single family homes. Buildings where 10% or more of their total floor space is used for public assembly in a building without walls; warehousing; self-storage; or a use classified as manufacturing and industrial or transportation, communication, and utilities. 315 Comparison of U.S. Building Performance Standards | 5IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State New York City NY Name Sustainable Buildings NYC (Local Law 97) Year Enacted 2019 Covered Buildings Comm & MF buildings ≥ 25,000 sq. ft. Performance Metrics Annual greenhouse gas (GHG) emissions (tCO2e/sq. ft.) Performance Targets/Standards Targets change every five years to allow fewer building emissions. Building emissions limits are set for each building by multiplying the corresponding building type’s building emissions intensity limit (in tCO2e/sq. ft.) by the building’s gross square floor area (in sq. ft.). Greenhouse gas emissions (building emissions) for a building are calculated by multiplying the total energy consumption of each fuel type consumed on the building’s premise (utility electricity, natural gas, #2 and #4 fuel oils, district steam, other; all in kBtu) by the corresponding greenhouse gas coefficient for that fuel type (in tCO2e/ kBtu) and totaling the resulting emissions. Compliance Cycle Covered buildings must comply annually beginning in 2024. Emissions limits become increasingly stringent every five years. Compliance Pathways Buildings must meet the standard annually, but buildings can use RECs and offsets to compensate for going over the emissions limits. Additionally, the City is studying a carbon trading system so buildings that do not meet the annual emissions limits could buy credits from buildings that are below the limits. Exceeding annual building emissions limit: Civil penalty of not more than an amount equal to the difference between the building emissions limit for such year and the reported building emissions for such year, multiplied by $268. Failure to file a report: Penalty no more than an amount equal to the gross floor area of such covered building, multiplied by $0.50, for each month that the violation is not corrected within the 12 months following the reporting deadline; provided, however, that an owner shall not be liable for a penalty for a report demonstrating compliance with the requirements of this article if such report is filed within 60 days of the date such report is due. False statement: Fine of not more than $500,000 or imprisonment of no more than 30 days, or both, in addition to a civil penalty of not more than $500,000. • Single family homes; • Industrial facility used for generating electric power or steam; • Dwellings less than three stories consisting of attached, detached, or semi-detached housing for which owners are responsible for HVAC and hot water; • City buildings; • NYC Housing Authority buildings; • Rent-regulated accommodation; • Real estate owned by religious corporations and used as a place of public worship; • Property owned by a housing development fund organized pursuant to article 11 of the Private Housing Finance Law. Oregon Name Energy Performance Standards (HB 3409) Year Enacted 2023 Covered Buildings Public/Gov’t & MF ≥ 35,000 sq. ft., Comm ≥ 20,000 sq. ft. Performance Metrics EUI Performance Targets/Standards TBD Compliance Cycle Every five years beginning July 2025. Compliance Pathways TBD $5,000 plus continuing violations assessed daily; total may not exceed $1/yr/sq. ft. Primary use for is manufacturing or another industrial use, as defined in accordance with the following use designations of the International Building Code; designated as an historic property under a state or local statute, ordinance, rule or other legislative act. See Section 10 for specific provisions. 316 Comparison of U.S. Building Performance Standards | 6IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State St. Louis MO Name Building Energy Performance Standards (Ordinance 71132) Year Enacted 2020 Covered Buildings Public/Gov’t, Comm, & MF ≥ 50,000 sq. ft. Performance Metrics Site energy use intensity (EUI) Performance Targets/Standards Standards to be set no lower than the 65th percentile by property type, so that at least 65% of the buildings of the property type have a higher EUI. The Office of Building Performance will issue new performance standards at the end of each compliance cycle. Compliance Cycle Every four years for most buildings, beginning May 2021. Most buildings will have a four year compliance cycle to meet the standard. Qualified affordable housing buildings and houses of worship will have a six year compliance cycle to meet the standard. There will be one year in between each compliance cycle to recalculate the standard for the next cycle. Compliance Pathways There are four compliance pathways under the St. Louis BEPS: 1) Performance Path: properties that hit the target for their Property Type will be compliant for that cycle. 2) Early Adopter Path: Properties that both (a) hit the target for their property type and (b) achieve at least 20%/50% reduction in their EUI compared to Baseline year performance can be compliant for that cycle and the next 1-2 cycles. 3) Narrow the Gap Path: Properties that are unable to hit their target achieve compliance by reducing their EUI to halfway between their property baseline and target. This is only available for the first 2 compliance cycles and to properties that submitted a valid 2018 benchmarking report. 4) Custom Alternative Compliance Path (CACP): Properties that demonstrate they can neither hit their target (Paths 1 & 2) nor Narrow the Gap due to unique limitations may apply for an CACP, which entails undergoing a 3rd-party energy audit and obtaining OBP approval of a proposed plan of action. If data is not reported and an alternative compliance plan is not presented within 60 days of the compliance date, a fine between $1 - $500 is issued for each day beyond the 60 days. Withholding and/or denial of occupancy permits. Single family housing; primarily used for industri- al or manufacturing purposes, water treatment, communications infrastructure, or as a data center; stand alone parking lots or garages that are not a part of a larger property. Other exemptions: • Demolition permit issued or demolition is planned during the compliance cycle; • Financial hardship or if compliance would not be in public interest; • Primary use of building is industrial; • Property is communications infrastructure; • Property is owned by the state or federal government. 317 Comparison of U.S. Building Performance Standards | 7IMT – August 2023 GOVERNMENT POLICY INFORMATION DESCRIPTION OF REQUIREMENTS COMPLIANCE ENFORCEMENT EXEMPTIONS City/County/State Washington Name Clean Buildings Performance Standard (HB 1257) Year Enacted 2019 Covered Buildings Public/Gov’t ≥ 10,000 sq. ft. Comm & MF ≥ 20,000 sq. ft. Performance Metrics Weather-normalized Energy Use Intensity Performance Targets/Standards EUI targets must be no greater than the average energy use intensity for the building’s occupancy type with adjustments for unique energy-using features. EUI targets initially based on ASHRAE standard 100– 2018. Proposed rules set first target at 15% below average EUI for building type. Compliance Cycle Standard must be updated in 2029 and every five years thereafter. Compliance Pathways Buildings must meet the EUI target specified for their building type, or satisfy an investment criteria pathway consisting of an energy audit identifying all cost effective energy efficiency measures. Complete one of the following: - Target EUI path: benchmark building?s performance and calculate EUI target. Meet target by compliance deadline (conditional compliance period of 180 days) - Investment Criteria path: Conduct an audit and identify all EEMs. Identify an optimized bundle of EEMs that provides maximum energy savings without resulting in a savings-to-investment ratio of less than one. The optimized bundle of measures shall be implemented based on the schedule established within the energy management plan. The Department of Commerce may impose a penalty up to $5,000 plus an amount based on the duration of any continuing violation. The additional amount for a continuing violation may not exceed a daily amount equal to $1 per gross square foot of floor area. The Department may raise penalty rates to adjust for inflation. Administrative penalties collected must be deposited into the low-income weatherization and structural rehabilitation assistance account. Federal buildings and buildings belonging exclusively to recognized Tribes are not required to comply with the standard. Historic buildings do not need to meet any requirement that would compromise their historical integrity. Other exemptions: • No Certificate of Occupancy for all 12 months prior to compliance date • Average occupancy less than 50% • Primary use of building is industrial • Primary use of building is agricultural • Building meets conditions of financial hardship Washington DC Name Building Energy Performance Standards and Benchmarking (D.C. Law 22-257) Year Enacted 2018 Covered Buildings Public/Gov’t ≥ 10,000 sq. ft. Comm & MF ≥ 25,000 sq. ft. Performance Metrics ENERGY STAR score or an equivalent metric (source EUI for buildings ineligible for ENERGY STAR). Law directs department to assess a metric based on emissions by 2023. Performance Targets/Standards For buildings that are eligible for an ENERGY STAR score, the building energy performance standard shall be no lower than the District median ENERGY STAR score for buildings of each property type. The District Department of Energy & Environment (DOEE) will issue new performance standards every six years. The law directs DOEE to set campus-wide standards for educational campuses and hospitals. Compliance Cycle Compliance cycles are 5 years long. While standards are recalculated every 6 years. Compliance Pathways Performance Pathway: Reduce site EUI 20% Stan- dard Target Pathway: Reach the standard for the building’s property type (only available for property type groups performing above the national median) Prescriptive Pathway: Conduct audit, create action plan, implement EE measures, complete monitoring, evaluation, and verification. The BEPS Compliance Regulations establish the maximum alternative compliance penalty amounts with the maximum penalty for buildings at ten dollars ($10) per each square foot of gross floor area. The building gross square footage is based on the ENERGY STAR Portfolio Manager® calculation as reported on the building’s most recent District Benchmark Results and Compliance Report. The maximum penalty for a building shall be no greater than $7,500,000. Monies collected pursuant to this provision shall be deposited into the Sustainable Energy Trust Fund. DOEE has established exemption criteria for qualifying buildings to delay compliance with the building energy performance requirements for up to three years if the owner demonstrates financial distress, change of ownership, vacancy, major renovation, pending demolition, or other acceptable circumstances determined per criteria set through regulation. 318