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HomeMy WebLinkAboutagenda.council.regular.20160208 CITY COUNCIL AGENDA February 08, 2016 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #6, Series of 2016 - FASTER Transit Grant Agreement b) Resolution #7, Series of 2016 - Mud & Debris Flow Assessment Project c) Resolution #9, Series of 2016 - 626 W. Francis, Extension of AspenModern negotiation period d) Minutes - January 25, 2016 e) Board Appointments f) Resolution #11, Series of 2016 - supporting federal Carbon Fee and Dividend legislation VII. Notice of Call-Up a) Notice of HPC approval of Conceptual Major Development, Demolition, Relocation and Variations review for 980 Gibson Avenue, HPC Resolution #3, Series of 2016 VIII. First Reading of Ordinances a) Ordinance #3, Series of 2016 - Fee Ordinance 43 Amendment b) Ordinance #2, Series of 2016 - AspenModern negotiation for historic designation of 626 W. Francis Street IX. Public Hearings X. Action Items a) Call-up of HPC approval: 517 E Hopkins b) Resolution #8, Series of 2016 - Adoption of “City of Aspen Historic Preservation Design Guidelines,” XI. Adjournment P1 Next Regular Meeting February 22, 2016 COUNCIL’S ADOPTED GUIDELINES • Make Decisions Based on 30 Year Vision • Tone and Tenor Matter • Remember Where We’re Living and Why We’re Here COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. P2 Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: John D. Krueger Director of Transportation THRU: Randy Ready, Assistant City Manager DATE OF MEMO: January 26, 2016 MEETING DATE: February 8, 2016 RE: Resolution No. 6, Series of 2016 State of Colorado, FASTER-Transit Grant Agreement REQUEST OF COUNCIL: City Transportation staff is requesting approval of Resolution Number 6 of 2016, authorizing the City Manager to sign and execute the attached Funding Advancement for Surface Transportation & Economic Recovery (FASTER) Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Transportation, Division of Transit and Rail (CDOT) and the City of Aspen. This grant agreement is for the purchase of two replacement transit buses to be used in the City of Aspen local transit system. The total grant awarded is $900,000. The state share at 80% is $720,000 and the City of Aspen’s local share at 20% is $180,000. PREVIOUS COUNCIL ACTION: There has been no previous Council action taken on this request. The full cost of the replacement shuttles was approved and included in the 2015 Transportation Fund capital budget. BACKGROUND: The Colorado Department of Transportation (CDOT) administers FASTER funds for the Federal Transportation Administration (FTA). The funds were generated by the FASTER transportation legislation approved by Colorado lawmakers in 2009 for the purpose of bridge reconstruction, P3 VI.a Page 2 of 3 highway safety projects and transit primarily through an increase in vehicle-registration fees in Colorado. DISCUSSION: The City of Aspen applied for and was awarded FASTER grant funding for the replacement of two transit buses. The Grant Agreement needs to be signed by the City Manager and then will go back to CDOT for signature. Once the grant agreement has been fully executed, staff will bring a contract for the bus order back to Council for approval. The two new buses will replace two older buses that have reached the end of their useful lives. The older buses are more than 15 years old and have over 500,000 miles on them. The manufacturer of the older buses is no longer in business and parts are hard to come by. The newer buses will be quieter and more efficient. The replacement buses will allow continued reliable service for the over 1 million passengers that use the local transit service each year. FINANCIAL/BUDGET IMPACTS: The full cost of the replacement shuttles was approved and included in the 2015 Transportation Fund capital budget. Due to delays in the CDOT grant process, we did not receive a grant agreement until January of 2016. The funding for these replacement buses will be carried forward to 2016. The FASTER grant award reduces the cost of replacing the shuttle vehicles to the City and will result in some savings for the Transportation Fund. The total grant award is for $900,000. The state’s share will be $720,000 or 80% of the total. The City will be responsible for the 20% local match or $180,000. The City will pay the full cost of the vehicles and will then be reimbursed by the State. ENVIRONMENTAL IMPACTS: The purchase of these vehicles directly relates to the City’s goal of keeping traffic at 1993 levels while reducing PM-10 air and other air pollution through the encouragement of alternative transportation. These buses will operate on biodiesel and the engines utilize the most advanced emissions control technology available on the market. P4 VI.a Page 3 of 3 RECOMMENDED ACTION: Staff recommends that City Council approve Resolution No.6 allowing the City Manager to sign and execute the Grant Agreement between the State of Colorado and the City of Aspen for the purchase of two replacement shuttle vehicles for use in the local transit system. ALTERNATIVES: Should City Council choose not to approve the grant agreement, the City would have to purchase these vehicles using City funds rather than grant funds for 100% of the cost of the vehicles. PROPOSED MOTION: I move to approve resolution No 6 authorizing the City Manager to sign and execute the FASTER Grant Agreement between the State of Colorado and the City of Aspen for the purchase of two replacement buses for use on the local transit system. CITY MANAGER COMMENTS: ATTACHMENTS: Resolution No. 6, 2016 State of Colorado, CDOT, Division of Transit and Rail, FASTER Transit Service Grant Agreement P5 VI.a RESOLUTION NO. 6 Series of 2016 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO (ASPEN), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), DIVISION OF TRANSIT AND RAIL TO ENTER INTO A FASTER (FUNDING ADVANCEMENT FOR A SURFACE TRANSPORTATION & ECONOMIC RECOVERY) GRANT AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen seeks to improve air quality, reduce congestion and improve the quality of life by encouraging the use of public transportation; and WHEREAS the City of Aspen has received a FASTER Transit Grant award for the purpose of purchasing two replacement transit buses; and WHEREAS the Grant Agreement between the City of Aspen, Colorado and the Colorado Department of Transportation, copies of which are annexed hereto and made a part thereof; and 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 this FASTER TRANSIT GRANT AGREEMENT between the City of Aspen, Colorado, and the Colorado Department of Transportation, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of February, 2016. _________________________ Steven Skadron, Mayor I, Linda Manning, 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. ______________________ Linda Manning, City Clerk P6 VI.a CDOT – Division of Transit and Rail SAP PO #: 491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 1 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 STATE OF COLORADO Colorado Department of Transportation Division of Transit and Rail FASTER Transit Grant Agreement with the CITY OF ASPEN TABLE OF CONTENTS 1. PARTIES ............................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .................................................................. 1 3. RECITALS ............................................................................................................................................ 2 4. DEFINITIONS ....................................................................................................................................... 2 5. TERM .................................................................................................................................................... 3 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN ........................................................... 3 7. PAYMENTS TO GRANTEE ................................................................................................................ 4 8. REPORTING - NOTIFICATION .......................................................................................................... 5 9. GRANTEE RECORDS.......................................................................................................................... 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS..................................................................... 6 11. CONFLICTS OF INTEREST ................................................................................................................ 7 12. REPRESENTATIONS AND WARRANTIES ...................................................................................... 7 13. INSURANCE ......................................................................................................................................... 7 14. BREACH ............................................................................................................................................... 9 15. REMEDIES ........................................................................................................................................... 9 16. NOTICES and REPRESENTATIVES ................................................................................................ 11 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................ 11 18. GOVERNMENTAL IMMUNITY....................................................................................................... 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................. 11 20. GENERAL PROVISIONS .................................................................................................................. 12 21. COLORADO SPECIAL PROVISIONS .............................................................................................. 13 22. SIGNATURE PAGE ........................................................................................................................... 16 23. EXHIBIT A .......................................................................................................................................... 17 24. EXHIBIT B .......................................................................................................................................... 22 25. EXHIBIT C .......................................................................................................................................... 27 26. EXHIBIT D .......................................................................................................................................... 28 27. EXHIBIT E .......................................................................................................................................... 30 28. EXHIBIT F .......................................................................................................................................... 32 29. EXHIBIT G .......................................................................................................................................... 35 30. EXHIBIT H .......................................................................................................................................... 37 31. EXHIBIT I ........................................................................................................................................... 39 1. PARTIES This Grant (“Grant”) is entered into by and between CITY OF ASPEN (“Grantee”), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Transit and Rail (“State” or “CDOT”). Grantee and the State hereby agree to the following terms and conditions. 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. P7 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 2 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-101(4)(c) as amended and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §43- 4-811(2) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is for CDOT to disburse FASTER Transit Program Funds to Grantee to conduct work within the provisions of this Grant. The work to be completed under this Grant by the Grantee is more specifically described in Exhibits A and B. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6, §19, and all Exhibits. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work and Budget), Exhibit B (FASTER Program Requirements), and Exhibit C (Verification of Payment), Exhibit D (49 CFR 18 Subpart C), Exhibit E (General Procurement Standards), Exhibit F (State and Grantee Commitments), Exhibit G (Option Letter), Exhibit H (State or Federal-Aid Project Agreements with Professional Subgrantee Services), and Exhibit I (Grantee Contract Administration Checklist). D. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. G. Local Funds “Local Funds” means funds provided by any city, county or entity (public or private) for performance of the Work. H. Manual “Manual” refers to CDOT’s “Local Agency Manual”, if applicable. I. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. J. Project “Project” means Work identified in Exhibit A. K. Program P8 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 3 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 “Program” means the Funding Advancement for Surface Transportation and Economic Recovery (FASTER) Senate Bill 09-108 grant program that provides the funding for this Grant. L. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6, §19 and Exhibit A. M. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. N. State Funds “State Funds” means funds provided by the State for performance of the Work. O. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. P. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. Q. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on December 31, 2018 unless sooner terminated or further extended as specified elsewhere herein. B. Notice to Proceed Grantee shall not commence performance of the Work until the date specified by a written notice to proceed, which may be sent by email or by hardcopy pursuit to §16. C. State’s Option to Extend Terms The State may unilaterally require continued performance for two additional one year periods at the same rates and same terms specified in the Grant. If the State exercises this option, it shall provide written notice to Grantee at least 30 days prior to the end of the current Grant term in form substantially equivalent to Exhibit G. If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Grant. The total duration of this Grant, including the exercise of any options under this clause, shall not exceed three (3) years. 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibits A and B on or before December 31, 2018. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. D. Federal Laws, Rules and Regulations If the Grant Funds involves federal funding, Grantee understands and agrees that federal laws, rules and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee P9 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 4 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to all State requirements. E. Option for Phased Performance The State may unilaterally require the Grantee to begin performance on the next phase of the Project as outlined in Scope of Work in Exhibit A at the same rates and same terms specified in the Grant. If the State exercises this option, it shall provide written notice to Grantee in a form substantially equivalent to Exhibit G. If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $720,000.00 as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Budget line item adjustments exceeding 10% but less than 24.99% must be submitted in advance of actual cost and receive written State approval, which approval may be transmitted informally by email or such other means that does not rise to the level of an amendment to this Grant. A budget revision of Exhibit A will be issued by State with any such adjustment. Adjustments in excess of 24.99% for any line item shall be authorized by the State in an amendment to this Grant. The State’s total consideration shall not exceed the maximum amount shown herein. P10 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 5 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 D. Local Funds Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will be made for Project expenditures reported by Grantee and submitted to and accepted by the State for payment based on the ratio required State Funds and Local Funds for which Grantee has submitted to the State. E. Payment Compliance All Grant reimbursements shall comply with 49 CFR 18 Subpart C (Exhibit D) of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125, Appendix A. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Local Agency Manual and/or this Grant. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. C. Performance Outside the State of Colorado and/or the United States [Not applicable if Grant Funds include any federal funds] Following the Effective Date, Grantee shall provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Grantee’s decision to perform, or its execution of an agreement with a Subgrantee to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Grantee to provide notice to the State under this §8.C shall constitute a material breach of this Grant. D. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. E. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that P11 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 6 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101 et seq. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. To the extent permitted by law, the Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. P12 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 7 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. P13 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 8 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Subgrantees, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Professional Liability Professional liability insurance with minimum limits of liability of not less than $1,000,000 each claim and $1,000,000 annual aggregate for both the Grantee or any Subgrantee when: a) Contract items 625 (Construction Surveying), 629 (Survey Monumentation), or both are included in the Grant b) Plans, specifications, and submittals are required to be signed and sealed by the Grantee’s or Subgrantee’s professional engineer, including but not limited to: (1) Shop drawings and working drawings as described in subsection 105.02 of the CDOT Standards Specification for Road and Bridge Construction Manual which can be found at: www.coloradodot.info/business/designsupport/construction-specifications/2011-Specs/2011- Specs-Bood.pdf (2) Mix designs (3) Contractor performed design work as required by the plans and specifications (4) Approved value engineering change proposals v. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). vi. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vii. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. viii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other P14 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 9 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B) provided however, that the State may terminate this Grant pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the P15 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 10 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Request removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. P16 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 11 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Jane Hickey Division of Transit and Rail 4201 E. Arkansas Ave. Denver, CO 80222 303-757-9237 jane.hickey@state.co.us B. Grantee: John D. Kreuger/Lynn Rumbaugh CITY OF ASPEN 130 SOUTH GALENA STREET ASPEN, CO, 81611-1902 970-920-5042/970-920 john.krueger@cityofaspen.com/lynn.rumbaugh@cityofa 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. P17 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 12 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and Grantee’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA, or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties: Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller P18 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 13 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The Provision of the main body of this Grant, iii. Exhibit A (Scope of Work and Budget), iv. Exhibit B (FASTER Program Requirements), v. Any executed Option Letter, and vi. Other Exhibits in descending order of their attachment. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. P19 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 14 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 B. FUND AVAILABILITY. CRS §24-30-202(5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. P20 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 15 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4 [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101 [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101 Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK P21 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 16 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE CITY OF ASPEN By: Print Name of Authorized Individual Title: Print Title of Authorized Individual _____________________________________________ *Signature Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Transportation Shailen P. Bhatt – Executive Director _______________________________________ By: Signatory avers to the State Controller or delegate that, except as specified herein, Grantee has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules Date: _________________________ 2nd Grantee Signature if Needed By: Title: ______________________________________________ *Signature Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ P22 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 17 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 23. EXHIBIT A - SCOPE OF WORK AND BUDGET The City of Aspen Grant Year 2016 Title of Project FASTER Project Description Purchase (2) Bus Replacements Recipient The City of Aspen DUNS 076460104 Contact John D. Krueger / Lynn Rumbaugh City of Aspen Transportation Dept. VEND 2000009 Address 130 South Galena Street Aspen, CO 81611 Phone 970-920-5042 970-920-5038 Email John.Krueger@cityofaspen.com Lynn.Rumbaugh@cityofaspen.com Fax 970-544-9447 Project Budget *WBS 21203.10.50 State Share (at 80% or less) $ 720,000 Local Share (at 20% or more) $ 180,000 Total Project Budget $ 900,000 *The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Agency Overview The City of Aspen transit system consists of eight fare-free routes. Service operates to and from the Rubey Park Transit Center for over 20 hours a day, 365 days a year, more than 52,000 hours a year and over 480,000 annual miles and carries over 1 million passengers annually. Seven routes are fixed; the eighth route operates as a combined fixed route and dial-a-ride service. The transit system operates a fleet of sixteen vehicles consisting of buses and shuttle vehicles. The City of Aspen transit system has been operating for 30 years. It provides high quality free transit service to local residents, commuting workers and tourists. Aspen’s transit system interfaces seamlessly with RFTA’s regional system as well as with the Town of Snowmass Village’s shuttle system by offering fare-free service in both communities and their environs. Our local transit system has helped our community come into compliance with pm-10 clean air standards and has kept the community traffic levels at or below 1993 standards. The City contracts with the Roaring Fork Transportation Authority (RFTA) to operate the system. B. Project Description The City of Aspen shall perform all Project activities described in the application submitted to the State on November 26, 2014 and as specifically described in this Grant. The application and application update are incorporated herein by reference to the extent consistent with this Grant. The City of Aspen shall use FASTER capital funds to purchase (2) Bus Replacements and (1) with 100% local funding (“Project Property”). Options may include but are not limited to the following: • 35’ – 40’ foot size, approximately 30-50 passenger capacity • Gasoline/Diesel/Electric Hybrid/Compressed natural gas CNG • 2 wheelchair securement locations • ADA compliant lift • Back-up cameras • Lettering • Mud & snow tires • Drop-down chains • Fold away seats • Wheel chair anchorage systems P23 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 18 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 • TDSS – Tie Down Securement System The vehicles being purchased are to replace the following existing vehicles in the City of Aspen’s fleet: VIN#: COTRAMS Cap Inv#: Year Make Model 1N9TA1CA41L013211 2001 Neoplan AN 435-L 1N9TA1CA11L013215 2001 Neoplan AN 435-L The third, provided with 100% local funding: 016 1 Bus Bus # 263 vin # 1N9TA1CAX1L013214 C. Performance Standards 1. The City of Aspen will utilize the Project Property purchased through this project in its transit operations to achieve the performance goals established by CDOT. The City of Aspen will comply with established CDOT requirements for maintenance of effort and effective utilization of equipment that maintains a State or Federal Interest. 2. Performance will be reviewed annually. If the State's review determines the City of Aspen’s performance does not meet the standards of performance set forth in this section, the following steps will be taken: a. The State will notify the City of Aspen in writing that performance does not meet the requirements of this Grant. b. Thirty (30) calendar days after date of such notification, the City of Aspen will submit to the State a written explanation of the cause(s) of the substandard performance, which shall include a written plan for improving performance. c. The State will review the plan for improvement and notify the City of Aspen of its’ decision within 21 days. d. If the plan is approved by the Department, the City of Aspen will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Grant and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of this Grant. 3. Milestones Grant Agreement with CDOT is Executed Jan 2016 Submit Procurement Process and Bid Package to CDOT Project Manager for Approval Jan 2016 Bid Package is Released (within 60 days of execution date) Jan 2016 Bids are Due (generally 30 days from release date) Jan 2016 Process Documentation Submitted to CDOT Project Manager for Concurrence Feb 2016 Submit Procurement Authorization to CDOT Project Manager for Approval Feb 2016 Issue Purchase Order to Vendor for Vehicle Mar 2016 Take Delivery of First Vehicle Jul 2016 Accept First Vehicle Jul 2016 Take Delivery of and Accept All Vehicles (TBD) Submit Reimbursement Request (see Procurement Packet) to DTR Aug 2016 P24 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 19 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 D. Project Budget 1. The cost for this FASTER project is estimated to be as follows: *WBS 21203.10.50 State Share (at 80% or less) $ 720,000 Local Share (at 20% or more) $ 180,000 Total Project Budget $ 900,000 2. The Total Project Budget shall not exceed the maximum allowable cost of $900,000. The State will pay no more than 80% of the eligible, actual capital costs up to the maximum FASTER amount of $720,000. In the event the final, actual Project cost is less than the maximum allowable cost, the State is not obligated to provide any more than 80% of the eligible, actual capital costs. The State will retain any remaining balance of the FASTER share. The City of Aspen shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from FASTER funds for the state share of eligible, actual costs. 3. No refund or reduction of the amount of the Grantee's share to be provided will be allowed unless there is at the same time a refund or reduction of the state share of a proportionate amount. 4. The State shall have no obligation to provide State funds for use on this Project. The State will administer state funds for this Project under the terms of this Grant, provided that the FASTER share of funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State FASTER funds for the City of Aspen’s share of the Project. The City of Aspen shall initiate and prosecute to completion all actions necessary to enable the City of Aspen to provide its share of the total project budget at or prior to the time that such funds are needed to meet the total project budget. E. Contract Expiration This Grant will expire according to the terms and conditions of the Grant. The expiration date for this Grant is December 31, 2018. F. Procurement Procurement of this capital equipment will comply with State procurement procedures outlined in “A Handbook for the Procurement of Goods and Services using FTA/CDOT Funds, November 2009”, (found at: http://www.coloradodot.info/programs/transitandrail/transit/transit-grant-programs/procurement-policies-and- practices/2009%20Procurement%20Handbook%20and%20Appendices%20FINAL_11_16_09.pdf/ ) as well as the FTA’s requirements for Third Party Contracting outlined in Circular 4220.1F 11-01-08 (found at: http://www.fta.dot.gov/legislation_law/12349_8641.html). Where available, purchase by the Grantee of the capital equipment may be pursuant to the most current State Price Agreement, (found at: http://www.gssa.state.co.us/co/portal.nsf/xpPriceAgreementsByCategory.xsp). In addition to the basic State requirements outlined below, State and FTA (where applicable) procedures for purchase of this Project Property must be followed and will be outlined prior to purchase. 1. Before proceeding with the purchase directly from the vendor, the City of Aspen shall submit Procurement Authorization along with a purchase order for the Project Property to CDOT for approval. • If the Grantee is a non-profit organization, AND elects to use the State of Colorado State Price Agreement to purchase goods or services under this contract, the Grantee shall also submit an application to and be qualified by the State Procurement Office prior to proceeding with the purchase. IMPORTANT NOTE: All milestones in this scope of work must be completed no later than the contract expiration date of December 31, 2018. (current year, plus two) P25 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 20 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 2. Once the purchase order is verified by CDOT and the Project Property is ordered, the State shall be notified of the agreed upon delivery date between the selected vendor and the City of Aspen and CDOT may choose to attend the delivery of the Project Property. 3. Upon delivery, the City of Aspen shall be responsible for having the Project Property inspected and accepted within ten (10) working days of delivery from the vendor; unless Project Property defects discovered during inspection prevents the City of Aspen from accepting the Project Property in the 10 day time frame, of at which time the vendor will be contacted to rectify the issue(s) of concern. 4. The City of Aspen shall be responsible for reimbursing the entire amount of the Project Property to the selected vendor within three (3) working days after acceptance of the Project Property. 5. It is the City of Aspen’s responsibility to pay the Project Property vendor in full under the terms of this contract, unless financial hardship is proven by the grantee that does not allow a grantee agency to pay the entire amount prior to seeking reimbursement from the State. CDOT must approve this hardship request in advance. In these cases, CDOT will only approve the situation if the vendor is willing to accept payment within a 30 day timeframe and also willing to withhold title and Manufacturers Statement of Origin (MSO) paperwork until full payment is received from the grantee. Title paperwork can also be sent to CDOT to withhold if the vendor deems necessary. The FASTER funding share provided for this capital purchase is $720,000. G. Reimbursement Eligibility 1. Requests for reimbursement for project costs will be paid to the City of Aspen upon presentation of invoice(s) to the State for eligible costs incurred after the date of execution of this Grant through December 31, 2018 and within the limits of this Grant. 2. Grantees must bill the State for the state share specified within the provisions set forth in Paragraph F: Procurement or as otherwise specified by the State prior to the receipt of capital equipment. The state share must be paid to the vendor whether or not the Grantee has received the reimbursement from the State. H. State Interest/Service Life 1. State Interest in the Project Property will expire as determined by the State. State Interest is defined by the service life of the capital equipment, which is determined by the State. 2. No later than three (3) days after the purchase and acceptance of the Project Property, the City of Aspen shall provide, in writing, to the State a “Certificate of Procurement and Acceptance” form. 3. The City of Aspen shall not sell or otherwise release the Project Property to any party while there is State Interest in the Project Property without written approval from the State. I. Safety Data The City of Aspen shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. P26 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 21 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 J. Ongoing Operational Funding The City of Aspen manages an eight-route transit system that carries over 1-million passengers annually on a fare-free* system. The City has committed to offering extensive transit services via a number of community planning documents. Funding for transit service operations is generated via sales tax, lodging tax and paid parking revenues. *With the exception of door-to-door service on its fixed route deviation service, Mountain Valley Dial-a-Ride. K. Project Measurement and Certification 1. The City of Aspen will work cooperatively with CDOT to market and/or publicize this project as requested by CDOT. Such efforts may include ribbon cuttings, news articles, photos, and/or other media to be supplied by The City of Aspen as appropriate. 2. The City of Aspen expects these buses (as part of the entirety of its fleet) to, on an annual basis,: • provide approximately 1.1 million rides. • travel approximately 500,000 miles. • operate for approximately 54,500 hours. P27 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 22 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 24. EXHIBIT B - FASTER Program Requirements 1. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Grantee for incurred costs relative to the Project following the State's review and approval of such charges, subject to the terms and conditions of this Grant. Provided, however, that charges incurred by the Grantee prior to the Effective Date of this Grant will not be charged by the Grantee to the Project, and will not be reimbursed by the State. B. The State will reimburse the Grantee’s reasonable, allocable, allowable costs of performance of the Work, not exceeding the maximum total of this Grant. The applicable principles described in Exhibit D shall govern the allowability and allocability of costs under this Grant. The Grantee shall comply with all such principles. To be eligible for reimbursement, costs by the Grantee shall be: i. in accordance with the provisions, terms and conditions of this Grant; ii. necessary for the accomplishment of the Work; iii. reasonable in the amount for the Goods and Services provided; iv. actual net cost to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred); v. incurred for Work performed after the Effective Date of this Grant; and vi. satisfactorily documented. Examples of ineligible costs include: i. Staff or administrative overhead costs of the Grantee, unless specifically allowed for in the Scope of Work; ii. Fines and penalties; and iii. Entertainment expenses. C. The Grantee shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards and principles (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that Grant Funds are expended and costs accounted for in a manner consistent with this Grant and Project objectives: i. All allowable costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, grants or vouchers evidencing in detail the nature of the charges. ii. Any check or order drawn up by the Grantee, including any item which is or will be chargeable against the Project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Grantee, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, grants, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. The Grantee will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the Pproject. The Grantee’s invoices shall include a description of the amounts of Services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures and standardized billing format to be supplied by the State. E. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this Grant must be received by the State within 60 days after termination of this Grant. i. Payments pursuant to this Grant shall be made in whole or in part, from available funds, encumbered for the purchase of the described services. If this Grant is terminated, final payment to the Grantee may be withheld at the discretion of the State until completion of final audit. 2. STATE AND GRANTEE COMMITMENTS CDOT and the Grantee also agree to ensure the Project is completed within the applicable design and construction standards in accordance with Exhibit F-State and Grantee Commitments. 3. PROCUREMENT STANDARDS The Grantee agrees to carry out its procurements consistent with the general procurement standards of the State. The Grantee agrees to follow the general procurement standards set forth in Exhibit E. P28 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 23 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 4. CONFORMANCE WITH LAW The Grantee and its agent(s) will adhere to all applicable state and federal laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Further, the Grantee agrees to comply with the intent and requirements of the National Environmental Policy Act (NEPA) regardless of whether or not there is federal funding involved, as is consistent with CDOT’s Environmental Stewardship Guide. 5. NON DISCRIMINATION The Grantee agrees to comply with and ensure any Sub grantees comply with, the requirements of: A. The American with Disabilities Act, Title II, and its implementing regulations--28 CFR Part 35, and 49 CFR parts 27, 37 and 38; and B. The Civil Rights Act of 1964, Titles VI and VII, and their implementing regulations. 6. STATE INTEREST This section applies if box checked The Grantee understands and agrees that the State retains a State interest in any real property, or equipment financed with State assistance (Project property) until, and to the extent that the State relinquishes its State interest in that Project property, as described in Exhibit A. All State interests in real property or equipment shall survive termination, expiration or cancellation of this Grant. With respect to any Project property financed with State assistance under this Grant, the Grantee agrees to comply with the following: A. Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes for the duration of the useful life of that property, as required by the State and set forth in the scope. Should the Grantee unreasonably delay or fail to use Project property during the useful life of that property, the Grantee agrees that it may be required to return the entire amount of the State assistance expended on that property. The Grantee further agrees to notify the State immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Grantee has made to CDOT. B. Maintenance. The Grantee agrees to maintain Project property in good operating order to the State’s satisfaction. C. Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and submit to the State upon request such information as may be required to assure compliance with this Section. D. Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of Project property as follows: i. Written Transactions. The Grantee agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party grant, subgrant, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing State interest in that Project property. ii. Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third party with respect to Project property. iii. Other Actions. The Grantee agrees that it will not take any action adversely affecting the State interest in or impair the Grantee's continuing control of the use of Project property. E. Transfer of Project Property. The Grantee understands and agrees as follows: i. Grantee Request. The Grantee may transfer any Project property financed with State assistance to another public body or private nonprofit entity to be used for the same purpose set forth herein with no further obligation to the State Government, provided the transfer is approved by the State in writing. ii. State Government Direction. The Grantee agrees that the State may direct the disposition of, and even require the Grantee to transfer, title to any Project property financed with State assistance under this Grant if it is found that the Project property is not being used for the intended purpose as stated in the Scope of Work. iii. Leasing Project Property to Another Party. If the Grantee leases any Project property to another party, the Grantee agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately, either through a written lease between the Grantee and lessee, or another similar document, consistent with the Project purpose set forth P29 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 24 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 herein. Upon request by the State, the Grantee agrees to provide a copy of any relevant documents. F. Disposition of Project Property. The Grantee agrees that the State may establish the useful life of Project property, and that it will use Project property continuously and appropriately throughout the useful life of that property. i. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use before its useful life has expired, the Grantee agrees as follows: a). Notification Requirement. The Grantee agrees to notify the State immediately when any Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. b). Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Grantee agrees that the State retains a State interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the State interest in the Project property shall be determined by the ratio of the State assistance awarded for the property to the actual cost of the property. The Grantee agrees that the fair market value of Project property prematurely withdrawn from use will be calculated as follows: I. Equipment. The Grantee agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment as established or approved by the State. The fair market value of Project equipment shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that equipment or supplies immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. II. Real Property. The Grantee agrees that the fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the State, or by straight line depreciation, whichever is greater. III. Exceptional Circumstances. The Grantee agrees that the State may require the use of another method to determine the fair market value of Project property. In unusual circumstances, the Grantee may request that another reasonable valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request, the State may consider any action taken, omission made, or unfortunate occurrence suffered by the Grantee with respect to the preservation of Project property withdrawn from appropriate use. c). Financial Obligations to the State. The Grantee agrees to remit to the State the State interest in the fair market value of any Project property prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural disaster, the Grantee may fulfill its obligations to remit the State interest by either: I. Investing an amount equal to the remaining State interest in like-kind property that is eligible for assistance within the scope of the Project that provided State assistance for the Project property prematurely withdrawn from use; or II. Returning to the State an amount equal to the remaining State interest in the withdrawn Project property. G. State Interest-Project. The State shall protect its interest in the equipment being obtained with Grant Funds. H. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to the Project property, the Grantee agrees to: i. Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service, or ii. Return to the State an amount equal to the remaining State interest, based on straight line depreciation, in the damaged or destroyed Project property. I. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Grantee's knowledge and consent, the Grantee agrees to restore the Project P30 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 25 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 property to its original condition or refund the value of the State interest, based on straight line depreciation, in that property, as the State may require. J. Responsibilities After Project Closeout. The Grantee agrees that Project closeout by the State will not change the Grantee’s Project property management responsibilities as stated in this Section of the Grant. 7. RAILROADS This section applies if box checked In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be accomplished by railroad company forces, the Grantee shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Grantee shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning State or Federal-aid projects involving railroad facilities, including: A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. B. Obtaining the railroad’s detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. 8. UTILITIES, ACCESS, RIGHT OF WAY This section applies if box checked A. Utilities. If necessary, the Grantee will be responsible for obtaining the proper clearance or approval from any utility company, local, State, or federal government agency, or other entity which may become involved in this Project. CDOT will reasonably assist Grantee in this regard in all cases in which CDOT is in a unique position to do so, provided that in no case will CDOT be required to expend State funds to provide such assistance. Prior to this Project being advertised for bids, the Grantee will certify in writing to the State that all such clearances have been obtained. B. Access. The Grantee shall be responsible for obtaining an access permit from CDOT Region offices. The Grantee shall be responsible for obtaining a use and occupancy permit from the State. Prior to this Project being advertised for bids, the Grantee will certify in writing to the State that all such clearances have been obtained. C. Right of Way. The parties acknowledge that the Project is for the mutual benefit of the Grantee and CDOT, and that it shall be constructed on State right of way. As a result of the Project being constructed on State right of way, the Grantee shall be responsible for obtaining an approved Interchange Approval consistent with CDOT Policy Directive 1601. The Grantee shall also be responsible for executing a grant with CDOT that addresses how construction oversight shall be coordinated and carried out. If the Project includes right of way, prior to this Project being advertised for bids, the Grantee will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the Uniform Act government-wide regulation-, the FHWA “Project Development Guide” and CDOT’s “Right of Way Operations Manual”. Allocation of responsibilities can be as follows: i. Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); ii. Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or iii. No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 P31 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 26 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Grantee’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Operation Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. 9. DISADVANTAGE BUSINESS ENTERPRISE (“DBE”) EFFORTS The State encourages the Grantee to utilize small businesses owned by minorities, women and disadvantaged individuals to the greatest extent possible without sacrificing adequate competition. The Grantee is reminded of the illegality of discrimination and of the need to take all necessary and reasonable steps to ensure non-discrimination in the area of contracting and procurement and to create a level playing field where small minority, women, and disadvantaged businesses can compete fairly in CDOT assisted contracts and procurements. This policy specifically upholds the Transportation Commission’s commitment to fair and equitable business practices and is supported by CDOT’s small business development programs. The CDOT Center for Equal Opportunity (EO) can provide lists of qualified DBE/MBE/WBE vendors as well as other technical assistance. Inquiries can be directed to the Director of Center for Equal Opportunity or Business Team Supervisor at 303-757-9234. 10. MAINTENANCE OBLIGATIONS This section applies if box checked The Grantee will maintain and operate the improvements constructed under this Grant at its own cost and expense during their useful life, in a manner reasonably satisfactory to the State. The Grantee will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Grantee’s obligations to maintain such improvements. The State may make periodic inspections of the Project to verify that such improvements are being adequately maintained. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK P32 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 27 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 25. EXHIBIT C – VERIFICATION OF PAYMENT This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is provided as guidance and is subject to change by CDOT. CDOT shall provide notice of any such changes to Grantee. All items may not apply to your particular entity. CDOT’s goal is to reimburse Grantees as quickly as possible and a well organized and complete billing packet helps to expedite payment. □ Verification of Payment – General Ledger Report must have the following: ○ Identify check number or EFT number ○ If no check number is available, submit Accounts Payable Distribution report with the General Ledger ○ In-Kind (must be pre-approved by CDOT) and/or cash match ○ Date of the report ○ Accounting period ○ Current period transactions ○ Account coding for all incurred expenditures. If no General Ledger Report, all of the following are acceptable: ○ copies of checks ○ check registers ○ paycheck stub showing payment number ○ showing the amount paid, the check number or electronic funds transfer (EFT) and the date paid. CDOT needs to ensure that expenditures incurred by the local agencies have been paid by the local agency before CDOT is invoiced by the local agency. Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is required for any variances. □ In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by CDOT prior to any work taking place. If in-kind or cash match is being used for the local match, the in-kind or cash match portion of the project must be included in the project application and the scope of work attached to the contract or purchase order. FTA does not require pre-approval of in-kind or cash match, but CDOT does. General ledger must also show the in-kind and/or cash match. □ Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by CDOT prior to applying it to the reimbursements. If indirect costs are being requested, an approved indirect letter from CDOT or your cognizant agency must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. □ Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. Submit an approval letter from cognizant agency that verifies fringe benefit or Submit the following fringe benefit rate proposal package to CDOT Audit Division: ○ Copy of Financial Statement ○ Personnel Cost Worksheet ○ State of Employee Benefits ○ Cost Policy Statement P33 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 28 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 26. EXHIBIT D - 49 CFR 18 Subpart C This Exhibit D includes select applicable provisions as they exist or as of the Effective Date. Grantee is responsible for compliance with all State and federal laws, rules and regulations as they currently exist and may hereafter be amended. Financial Administration Sec. 18.20 Standards for financial management systems. (a) A State must expend and account for grant funds in accordance with State laws and procedures for expending and accounting for its own funds. Fiscal control and accounting procedures of the State, as well as its subgrantees and cost-type contractors, must be sufficient to- (1) Permit preparation of reports required by this part and the statutes authorizing the grant, and (2) Permit the tracing of funds to a level of expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes. (b) The financial management systems of other grantees and subgrantees must meet the following standards: (1) Financial reporting. Accurate, current, and complete disclosure of the financial results of financially- assisted activities must be made in accordance with the financial reporting requirements of the grant or subgrant. (2) Accounting records. Grantees and subgrantees must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. (3) Internal control. Effective control and accountability must be maintained for all grant and subgrant cash, real and personal property, and other assets. Grantees and subgrantees must adequately safeguard all such property and must assure that it is used solely for authorized purposes. (4) Budget control. Actual expenditures or outlays must be compared with budgeted amounts for each grant or subgrant. Financial information must be related to performance or productivity data, including the development of unit cost information whenever appropriate or specifically required in the grant or subgrant agreement. If unit cost data are required, estimates based on available documentation will be accepted whenever possible. (5) Allowable cost. Applicable OMB cost principles, agency program regulations, and the terms of grant and subgrant agreements will be followed in determining the reasonableness, allowability, and allocability of costs. (6) Source documentation. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents, etc. Sec. 18.22 Allowable costs. (a) Limitation on use of funds. Grant funds may be used only for: (1) The allowable costs of the grantees, subgrantees and cost-type contractors, including allowable costs in the form of payments to fixed-price contractors; and (2) Reasonable fees or profit to cost-type contractors but not any fee or profit (or other increment above allowable costs) to the grantee or subgrantee. (b) Applicable cost principles. For each kind of organization, there is a set of federal principles for determining allowable costs. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. The following chart lists the kinds of organizations and the applicable cost principles. P34 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 29 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 For the costs of a Use the principles in-- State, local or Indian tribal government. OMB Circular A-87. Private nonprofit organization other than an (1) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A122 as not subject to that circular. OMB Circular A-122. Educational institutions. OMB Circular A-21. For-profit organization other than a hospital and an organization named in OMB Circular A122 as not subject to that circular. 48 CFR part 31. Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK P35 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 30 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 27. EXHIBIT E - General Procurement Standards This Exhibit E includes select applicable provisions as they exist or as of the Effective Date. Grantee is responsible for compliance with all State and federal laws, rules and regulations as they currently exist and may hereafter be amended. General Procurement Standards 1. Maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of the contract or purchase order. 2. Maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 3. Maintain procedures that provide for the review of proposed procurements to avoid purchase of unnecessary or duplicative items. 4. Use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. 5. Make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 6. Maintain records sufficient to detail the significant history of the procurement. Including: a. Rationale for the method of procurement; b. Selection of contract type; c. Contractor selection or rejection; d. Basis for the contract price; and e. Other. 7. Maintain protest procedures to handle and resolve disputes relating to procurements. 8. All procurement transactions shall be conducted in a manner providing full and open competition. 9. Maintain written selection procedures for procurement transactions. 10. Ensure that all pre-qualified list of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. 11. Method of procurements to be followed: a. Small Purchase – is a relatively simple and informal procurement method for securing services, supplies, or other property that do not cost more than $150,000.00. If small purchase procedures are used, price or rate quotation shall be obtained from at lease three sources. Quotations will be in writing if for goods in excess of $10,000 and if for services in excess of $25,000.00. b. Formal Sealed Bids –are publicly solicited and a firm-fixed-prices (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. This method is preferred for procuring construction. If this method is used, the following requirements apply: i. Must be publicly advertised; ii. Must give at least 14 days for bidders to respond; iii. Must include any specifications and pertinent attachments to all bidders to respond properly; iv. All bids will be publicly opened at the time and place prescribed in the invitation for bid; v. A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder; and vi. Any or all bids may be rejected if there is a sound documented reason. P36 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 31 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 c. Competitive Proposals – are generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: i. Request for proposals will be publicized; ii. Identify all evaluation factors and their relative importance; iii. Proposals will be solicited from an adequate number of qualified sources; iv. Have a method for conducting technical evaluation of the proposals received and for selecting awardees; v. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and vi. May be used for qualifications-based procurement of architectural/engineering professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected. Note – the method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services through A/E firms. See also Exhibit I for procurement of A/E professional services. d. Noncompetitive Proposals - may be used only when the award of a contract is infeasible under the other three methods and the following circumstances applies: i. The item is available only from a single source; ii. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; iii. The awarding agency authorizes noncompetitive proposals; or iv. After solicitation of a number of sources, competition is determined inadequate. 12. Small, Minority and Women owned business enterprise and labor surplus area firms – In accordance with Exhibit B, Section 9 take affirmative steps to assure that minority and women business enterprises, and labor surplus area firms are used when possible. a. Placing qualified firms on solicitation lists; b. Assuring that firms are solicited whenever they are potential sources; c. Dividing total quantities to permit maximum participation; d. Establishing delivery schedules, where the requirement permits, which encourage participation by S/M/W owned firms; and e. Using the services of the Small Business Administration, Minority Business Development Agency of the Department of Commerce, the CDOT EO office or other agencies that qualify S/M/W owned firms. 13. Bonding requirements – For construction or facility improvement contracts or subcontracts exceeding $100,000.00. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK P37 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 32 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 28. EXHIBIT F - State and Grantee Commitments A. Design – This section applies if box checked: 1. Work including preliminary design or final design (the “Construction Plans”), design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), requires that the Grantee comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work; b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT; c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Grantee specifications if approved by CDOT; d. include details of any required detours in the Plans, in order to prevent any interference of the construction Work and to protect the traveling public; e. stamp the Plans produced by a Colorado Registered Professional Engineer; f. provide final assembly of Plans and Grant documents; g. be responsible for the Plans being accurate and complete; and h. make no further changes in the Plans following the award of the construction contract except in writing approved by all the Parties. The Plans shall be considered final when approved and accepted by the Parties hereto, and when final they shall be deemed incorporated herein. 2. Grantee: a. shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”; b. (If applicable) shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. c. may enter into a contract with a Subgrantee to do all or any portion of the Plans and/or of construction administration. Provided, however, that if State funds are involved in the cost of such work to be done by a Subgrantee, that Subgrantee subgrant (and the performance/provision of the Plans under the subgrant) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in this Grant. If the Grantee does enter into a subgrant with a Subgrantee for the Work: (1) Grantee shall submit a certification that procurement of any design Subgrantee subgrant complied with the requirements of 23 CFR 172.5(1) prior to entering into subgrant. The State shall either approve or deny such procurement. If denied, the Grantee may not enter into the subgrant. (2) Grantee shall ensure that all changes in the Subgrantee subgrant have prior approval by the State. Such changes in the subgrant shall be by written supplement grant. As soon as the subgrant with the Subgrantee has been awarded by the Grantee, one copy of the executed subgrant shall be submitted to the State. Any amendments to such subgrant shall also be submitted. (3) it shall require that all Subgrantee billings under that subgrant shall comply with the State’s standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its Subgrantee) shall use the CDOT procedures described to administer that design Subgrantee subgrant, to comply with 23 CFR 172.5(b) and (d). (5) it may expedite any CDOT approval of its procurement process and/or Subgrantee subgrant by submitting a letter to CDOT from the certifying Grantee’s attorney/authorized representative certifying compliance with 23 CFR 172.5(b) and (d). (6) it shall ensure that its Subgrantee subgrant complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) “The design work under this Grant shall be compatible with the requirements of the Grant between the Grantee and the State (which is incorporated herein by this reference) for the design/construction of the Project. The State is an intended third party beneficiary of this subgrant for that purpose.” P38 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 33 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 (b) “Upon advertisement of the Project work for construction, the Subgrantee shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the Project.” (c) “The Subgrantee shall review the construction Subgrantee’s shop drawings for conformance with the subgrant documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work.” d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Grantee to make changes therein that the State determines are necessary to ensure compliance with State and federal requirements. B. Construction – This section applies if box checked: 1. Work including construction requires that, the Grantee perform the construction and construction administration in accordance with the approved Plans and CDOT oversight. Such administration shall include Project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of grant payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for Grant modification orders and minor subgrant revisions; processing Subgrantee claims; construction supervision; and meeting the Quality Control requirements of CDOT which can be found in the FHWA and CDOT Stewardship agreement located at: http://www.coloradodot.info/business/permits/accesspermits/references/stewardship-agreement.pdf . 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. Grantee: a. shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Grantee Project Engineer (“LAPE”), to perform that administration. The LAPE shall administer the Project in accordance with this Grant, the requirements of the construction subgrant and applicable State procedures. b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon approval by the State and award the construction subgrant(s) to the low responsible bidder(s) upon approval by the State. (1) In advertising and awarding the bid for the construction, the Grantee shall comply with applicable requirements of 23 USC §112, 23 CFR Parts 633 and 635, and CRS §24-92-101 et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall comply with terms and conditions as required by 23 CFR §633.102(e). (2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Grantee must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (3) By indicating its concurrence in such award, the Grantee, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this Project if no additional State funds will be made available for the Project. This paragraph also applies to Projects advertised and awarded by the State. c. If all or part of the construction Work is to be accomplished by Grantee personnel (i.e. by force account), rather than by a competitive bidding process, the Grantee will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR Part 635, Subpart B, Force Account Construction. (1) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Grantee, the State and FHWA (if needed) in advance of the Work, as provided for in 23 CFR §635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Grantee may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to P39 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 34 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State’s Standard Specifications for Road and Bridge Construction §109.04. (4) All force account work shall have prior approval of the State and/or FHWA (if needed) and shall not be initiated until the State has issued a written notice to proceed. C. State’s Obligations 1. The State will perform a final Project inspection prior to Project acceptance as a “Quality Control/Assurance” activity. When all Work has been satisfactorily completed, the State will sign the CDOT Form 1212 (for FHWA), if applicable. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Grantee within the Work of this Grant. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK P40 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 35 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 29. EXHIBIT G - Option Letter NOTE: This option is limited to the specific scenarios listed below AND cannot be used in place of exercising a formal amendment. SAP PO# Original CMS Option Letter No. CMS # Contractor / Grantee: _________________________________________________ A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest) 1. Option to renew (for an additional term); this renewal cannot be used to make any change to the original scope of work; and 2. Option to initiate next phase to include Design, Construction, Environmental, Utilities, ROW ONLY (does not apply to Acquisition/Relocation or Railroads); B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: (Insert the following language for use with Option #1): In accordance with Paragraph(s) __________ of grant routing number (insert FY, Agency code, & CLIN routing #), between the State of Colorado, Department of Transportation, and (insert Grantees name) the State hereby exercises the option for an additional term of (insert performance period here) at a cost/price specified in Paragraph/Section/Provision ________________ of the original grant, AND/OR an increase in the amount of goods/services at the same rate(s) as specified in Paragraph ______________________ of the original grant. (Insert the following language for use with Option #2): In accordance with the terms of the original grant (insert FY, Agency code & CLIN routing #) between the State of Colorado, Department of Transportation and (insert Grantee’s name here), the State hereby exercises the option to initiate the phase in (indicate Fiscal Year here) that will include (describe which phase will be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous). Total funds for this Grant remain the same (indicate total dollars here) as referenced in Paragraph/Section/Provision/Exhibit ________________of the original grant. (The following language must be included on all options): The amount of the current Fiscal Year grant value is (increased/decreased) by ($ amount of change) to a new Grant value of ($_____________) to satisfy services/goods ordered under the grant for the current fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision ____________ is hereby modified accordingly. The total grant value to include all previous amendments, option letters, etc. is ($______________). The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. State of Colorado John W. Hickenlooper, Governor By: _____________________________________________ Executive Director, Colorado Department of Transportation Date: __________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Option Letter is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. P41 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 36 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Controller Colorado Department of Transportation Date:_____________________ P42 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 37 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 30. EXHIBIT H - State or Federal-Aid Project Agreements with Professional Subgrantee Services The Grantee shall use these procedures to implement State or Federal-aid project agreements with professional Sub grantee services including, but not limited to engineering, design, or architectural services. 23 CFR Part172 applies to a federally funded Grantee project agreement administered by CDOT that involves professional Sub grantee services. 23 CFR §172.1 states “The policies and procedures involve federally funded grants for engineering and design related services for projects subject to the provisions of 23 USC §112(a) and are issued to ensure that a qualified Subgrantee is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23 CFR §172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining professional Subgrantee services under a federally funded Subgrantee subgrant administered by CDOT. Preference of Colorado Labor Grantee certifies, warrants, and agrees that it has knowledge of the “Keep Jobs in Colorado Act of 2013” codified at Sections 8-17-101, et seq., of the Colorado Revised Statutes and accompanying rules, 7 CCR 1103- 6, and that Colorado labor shall be employed to perform at least eighty percent (80%) of the Work. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Subgrantee Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR Part172 and Colorado Revised Statute CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR Part 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a Grantee must follow in obtaining professional Subgrantee services. This guidance follows the format of 23 CFR Part 172. The steps are: 1. The contracting Grantee shall document the need for obtaining professional services. 2. Prior to solicitation for Subgrantee services, the contracting Grantee shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in CRS §24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for grants in conformity with the requirements of CRS §24-30- 1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for Subgrantee services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of ten percent (10%) for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the Subgrantee should be done in accordance with CRS §24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime Subgrantee and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the Subgrantee's: P43 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 38 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority Subgrantees. 6. Once a Subgrantee is selected, the Grantee enters into negotiations with the Subgrantee to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for grants expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR Part 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. 7. A qualified Grantee employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the Grant. At the end of project, the Grantee prepares a performance evaluation (a CDOT form is available) on the Subgrantee. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR §18.42, which provide for records to be kept at least three (3) years from the date that the Grantee submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The CRS §§24-30-1401 through 1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK P44 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 39 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 31. EXHIBIT I - Grantee Contract Administration Checklist The following checklist has been developed to ensure that all required aspects of a project approved for federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for federal funding in the Statewide Transportation Improvement Program, CDOT Project Manager, Grantee Project Manager, and CDOT Resident Engineer prepare the checklist. It becomes a part of the contractual Grant. CDOT will not process a Grant without this completed checklist. It will be reviewed at the “Final Office Review” meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. COLORADO DEPARTMENT OF TRANSPORTATION GRANTEE CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region Project Location Date Project Description Grantee Grantee Project Manager CDOT Resident Engineer CDOT Project Manager INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this Grant. The checklist becomes an attachment to the Grant. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Grantee is responsible for a task, not applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve. Tasks that will be performed by headquarters staff will be indicated. The regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Grantee Project Manager, and submitted to the CDOT Program Engineer. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Grantee Project Manager, will prepare and distribute a revised checklist. P45 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 40 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 NO. DESCRIPTION OF TASK RESPONSIBLE PARTY Grantee CDOT TIP / STIP AND LONG-RANGE PLANS 2.1 Review Project to ensure it is consist with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases (CDOT Form 418 –State or Federal-aid Program Data. Requires FHWA concurrence/involvement) X PROJECT DEVELOPMENT 5.1 Prepare Design Data - CDOT Form 463 5.2 Prepare Grantee/CDOT Inter-Governmental Agreement (see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement 5.4 Conduct Design Scoping Review Meeting 5.5 Conduct Public Involvement 5.6 Conduct Field Inspection Review (FIR) 5.7 Conduct Environmental Processes (may require FHWA concurrence/involvement) 5.8 Acquire Right-of-Way (may require FHWA concurrence/involvement) 5.9 Obtain Utility and Railroad Agreements 5.10 Conduct Final Office Review (FOR) 5.11 Justify Force Account Work by the Grantee 5.12 Justify Proprietary, Sole Source, or Grantee Furnished Items 5.13 Document Design Exceptions - CDOT Form 464 5.14 Prepare Plans, Specifications and Construction Cost Estimates 5.15 Ensure Authorization of Funds for Construction X PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise (UBDE) Goals for Consultant and Construction Contracts (CDOT Region EEO/Civil Rights Specialist) 6.2 Determine Applicability of Davis-Bacon Act This project is is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location (Projects located on local roads and rural minor collectors may be exempt.) CDOT Resident Engineer (Signature on File) Date X 6.3 Set On-the-Job Training Goals. Goal is zero if total construction is less than $1 million (CDOT Region EEO/Civil Rights Specialist) X 6.4 Title VI Assurances: Ensure the correct Federal Wage Decision, all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract (CDOT Resident Engineer) X ADVERTISE, BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks 7.2 Advertise for Bids 7.3 Distribute “Advertisement Set” of Plans and Specifications P46 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 41 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 NO. DESCRIPTION OF TASK RESPONSIBLE PARTY Grantee CDOT 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement 7.5 Open Bids 7.6 Process Bids for Compliance Check CDOT Form 715 - Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X Evaluate CDOT Form 718 - Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet DBE goals X Submit required documentation for CDOT award concurrence 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract 7.10 Provide “Award” and “Record” Sets of Plans and Specifications CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor 8.2 Project Safety X 8.3 Conduct Conferences: Pre-Construction Conference (Appendix B) Pre-survey 1. Construction staking 2. Monumentation Partnering (Optional) Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) HMA Pre-Paving (Agenda is in CDOT Construction Manual) 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents 8.5 Supervise Construction A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of construction supervision.” Grantee Professional Engineer or Phone number CDOT Resident Engineer Provide competent, experienced staff who will ensure the Contract work is constructed in accordance with the plans and specifications Construction inspection and documentation 8.6 Approve Shop Drawings 8.7 Perform Traffic Control Inspections 8.8 Perform Construction Surveying 8.9 Monument Right-of-Way 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates P47 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 42 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 NO. DESCRIPTION OF TASK RESPONSIBLE PARTY Grantee CDOT Provide the name and phone number of the person authorized for this task. Grantee Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings 8.12 Prepare Grantee Reimbursement Requests X 8.13 Prepare and Authorize Change Orders 8.14 Approve All Change Orders X 8.15 Monitor Project Financial Status 8.16 Prepare and Submit Monthly Progress Reports 8.17 Resolve Contractor Claims and Disputes 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. CDOT Resident Engineer Phone number X MATERIALS 9.1 Conduct Materials Pre-Construction Meeting 9.2 Complete CDOT Form 250 - Materials Documentation Record 1. Generate form, which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project 2. Update the form as work progresses 3. Complete and distribute form after work is completed 9.3 Perform Project Acceptance Samples and Tests 9.4 Perform Laboratory Verification Tests 9.5 Accept Manufactured Products Inspection of structural components: 1. Fabrication of structural steel and pre-stressed concrete structural components 2. Bridge modular expansion devices (0” to 6” or greater) 3. Fabrication of bearing devices 9.6 Approve Sources of Materials 9.7 Independent Assurance Testing (IAT), Grantee Procedures CDOT Procedures 1. Generate IAT schedule 2. Schedule and provide notification 3. Conduct IAT 9.8 Approve mix designs Concrete Hot mix asphalt 9.9 Check Final Materials Documentation 9.10 Complete and Distribute Final Materials Documentation CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements P48 VI.a CDOT – Division of Transit and Rail SAP PO #:491001119 Routing #: 16-HTR-ZL-00185 Document Builder Generated Page 43 of 43 FASTERGrant.22.Jul11 – originated from approved OSC Grant template Rev 1/12/11 NO. DESCRIPTION OF TASK RESPONSIBLE PARTY Grantee CDOT 10.2 Process CDOT Form 205 - Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor, and submit to EEO/Civil Rights Specialist 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the “Commercially Useful Function” Requirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 - OJT Training Questionnaire 10.6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report FINALS 11.1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final Acceptance Report (Resident Engineer with mandatory Grantee participation.) X 11.2 Write Final Project Acceptance Letter 11.3 Advertise for Final Settlement 11.4 Prepare and Distribute Final As-Constructed Plans 11.5 Prepare EEO Certification 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and submit Final Certifications 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) 11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer 11.9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor 11.10 Complete and Submit CDOT Form 1212 – Final Acceptance Report (by CDOT) X 11.11 Process Final Payment 11.12 Complete and Submit CDOT Form 950 - Project Closure 11.13 Retain Project Records for Six Years from Date of Project Closure 11.14 Retain Final Version of Grantee Contract Administration Checklist cc: CDOT Resident Engineer CDOT Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Grantee Project Manager P49 VI.a MEMORANDUM TO: Mayor and City Council FROM : April Long, P.E., Stormwater Manager THRU: Trish Aragon, P.E., City Engineer Scott Miller, Capital Asset Director DATE OF MEMO: February 1, 2016 MEETING DATE: February 8, 2016 RE: Mud & Debris Flow Assessment Project, Professional Services Contract Approval for Wright Water Engineers, Inc. SUMMARY: Staff recommends that Council approves the contract for Wright Water Engineers, Inc. in the amount of $124,993.00 for professional services for the Mud & Debris Flow Assessment Project. BACKGROUND: Debris and mud flows are rivers of rock, earth, and other debris saturated with water. The debris flows are usually triggered by rapid melting of the snowpack or an unusually intense rainstorm. Several mud and debris flow prone areas are located on Aspen Mountain. Some of the areas have been dormant for some time, and they may no longer be near a critical stability state under current conditions. Other areas have been active in the last 30 years including the Roch Run landslide area. Slope creep is the slow downward progression of rock and soil down a slope. Slope creep areas on Aspen Mountain have been monitored, and continue to be active. The City completed a mudflow analysis in 2001 as part of the Aspen Mountain Surface Drainage Master Plan (2001 Master Plan). The 2001 Master Plan analyzed the Aspen Mountain drainage basin for mudflow potential and impact and estimated the depth of mudflow throughout downtown. The 2001 Master Plan evaluated system upgrades and on-mountain capital projects to mitigate the impacts from a mud or debris flow. However, those improvements ranged in cost from $8 million to $11 million. Therefore, the preferred alternative was to guide development within the mudflow plain to understand and limit the impacts of development on the mudflow plain. This guidance in provided within Chapter 7 of the Urban Runoff Management Plan (URMP). In 2014, the National Oceanic and Atmospheric Administration (NOAA) updated the rainfall data for Aspen, which is different than the data used in the original 2001 Master Plan and could potentially change mudflow risks and impacts in town. The Mud and Debris Flow Assessment Project will more accurately depict the possible flows in town, will evaluate the associated risks, and will guide adjustments to the standards outlined in the URMP and the Stormwater Capital Improvements Plan. In recent history, the frequency of wildfires in the western United States has increased. After a wildfire, the charred ground where vegetation has burned away cannot easily absorb rainwater, increasing the risk of flooding and mudflows for several years. Properties directly affected by fires, P50 VI.b and those located downstream of burn areas, are most at risk. These risks will be evaluated during this project. The following are major tasks to be completed by the consultant for this project: • History and Background: Provide City with a document describing other relevant programs and local past events including types, locations, damages, magnitude, and other pertinent information. • Mud and Debris Flow Design Storm: Provide City with memorandum that establishes criteria for mud and debris flow analysis in City. • FLO-2D Modeling: Provide City with all model files (10-yr, 25-yr, & 100-yr), a hazard/risk map, and a comparison of past mudflow studies and the remodeled studies. • Wildfire Risk Assessment: Provide City with mapping of potential post-fire runoff and debris flow rates and depths. • Damage and Financial Impacts: For each event, calculate public infrastructure repair costs and operational costs that the City would acquire in order to restore the City to pre-event operations. Provide City with a comparison of the overall cost and City’s costs for all events. • Mitigation Assessment: Develop conceptual alternatives for mitigating or reducing impacts from mudflow. Provide City with alternative projects’ costs, reduced damage cost savings, and a list of possible grant programs. • Update Criteria: Provide City with updated Mudflow Chapter in Urban Runoff Management Plan with updated mapping, and add a section to the chapter on wildfire hydrologic and debris flow risk. • FLO-2D Training: Conduct training sessions for City staff on updated FLO-2D model - goal of training will be to build working familiarity with FLO-2D to allow City engineers to review and evaluate submittals. DISCUSSION: Proposals were received from four consultants listed below: Wright Water Engineers, Inc. AECOM RESPEC Riada Engineering, Inc. A team of four employees from the engineering department performed independent reviews of the proposals. The proposals were then ranked as a group based on the rankings of each reviewer. The consultant team receiving the highest scores and the review committee’s selection is the Wright Water Engineers, Inc. team, which includes Tetra Tech, Inc. This team was selected based on its expertise in the subject matter, experience with similar and relevant projects, understanding of the project and of Aspen’s desired approach, and the quality and detail of their proposal. The Wright Water Engineers team members have worked on mud flow assessments in Aspen, the Roaring Fork valley, and across the nation. Of significant importance, the Wright Water Engineering team demonstrated a more comprehensive understanding of the services Aspen would need to complete a mud flow assessment in this area and delivered a comprehensive and well-defined project approach. P51 VI.b FINANCIAL IMPLICATIONS: Staff intends to use stormwater funds dedicated and approved for this Project by City Council in 2015 (Acct. # 160.94.94120.82770) with an additional $10,000 contingency added to the existing 125,000.00 budget through a budget adjustment from the fund balance. RECOMMENDATION: Staff recommends that Council approves the contract for Wright Water Engineers, Inc. as discussed above. CITY MANAGER COMMENTS: Attachment A: Resolution Attachment B: Agreement for Professional Services (between the City of Aspen and Wright Water Engineers, Inc.) includes Scope of Work and Fee Proposal P52 VI.b RESOLUTION # 7 (Series of 2016) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND WRIGHT WATER ENGINEERS, INC., 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 contract setting forth the terms and conditions regarding the mud & debris flow assessment project between the City of Aspen, Colorado, and Wright Water Engineers, Inc., a true and accurate copy of which is attached as Exhibit “B”. 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 setting forth the terms and conditions regarding the mud & debris flow assessment project between the City of Aspen and Wright Water Engineers, Inc. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of February 2016. Steven Skadron, Mayor I, Linda Manning, 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 February 8, 2016. Linda Manning, City Clerk P53 VI.b P54 VI.b P55 VI.b P56 VI.b P57 VI.b P58 VI.b P59 VI.b P60 VI.b P61 VI.b P62 VI.b P63 VI.b P64 VI.b P65 VI.b P66 VI.b 1 MEMORANDUM TO: Mayor and Aspen City Council THRU: Jennifer Phelan, Acting Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 626 W. Francis, Resolution #9, Series of 2016, Extension of AspenModern negotiation period DATE: February 8, 2016 ______________________________________________________________________________ SUMMARY: Community Development received an application for AspenModern historic landmark negotiation related to 626 W. Francis Street on November 19, 2015. This initiated a 90 day timeframe within which the review process is to be completed by HPC and City Council. HPC agendas have been particularly full recently and there was a delay in getting to Council. City Council is holding First Reading on February 8th and Second Reading on February 22nd. The 90 day negotiation period runs out on February 17th. Staff and the applicant request Council extend the negotiation period by 30 days, to March 18th. This will allow some leeway if the public hearing is continued. Additional extensions may be granted by Council if the applicant is also amenable. APPLICANT: 626 W. Francis LLC, represented by Kim Raymond Architects. ADDRESS: 626 W. Francis Street, Unit A, Starri Condominiums, City and Townsite of Aspen, CO. PARCEL ID: 2735-124-09-011. ______________________________________________________________________________ PROPOSED MOTION: “I move to approve Resolution #9, Series of 2016, extending the AspenModern negotiation period for 626 W. Francis to March 18, 2016.” CITY MANAGER COMMENTS: ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Exhibits: Resolution #9, Series of 2016 P67 VI.c A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ASPEN MODERN NEGOTIATION PERIOD RELATED TO THE PROPERTY LOCATED AT 626 W. FRANCIS STREET, UNIT A, STARRI CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-09-011 Resolution #9, Series of 2016 WHEREAS, 626 W. Francis LLC, represented by Kim Raymond Architects, submitted an application pursuant to Section 26.415.025.C, AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for 626 W. Francis Street; and WHEREAS, pursuant to Section 26.415.025.C.1, the ninety-day AspenModern negotiation commenced on November 19, 2015 and will expire on February 17, 2016; and WHEREAS, a public hearing cannot be scheduled before City Council until February 22, 2016, therefore staff and the property owner are in agreement that a 30 day extension of the negotiation to March 18, 2016 is appropriate to allow additional time to discuss options for the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The 626 W. Francis negotiation period established by Aspen Municipal Code Section 26.415.025.C is hereby extended to March 18, 2016. APPROVED by the Aspen City Council at its regular meeting on February 8, 2016. Approved as to form: ______________________ James R. True, City Attorney Attest: Mayor: ______________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor P68 VI.c Regular Meeting Aspen City Council January 25, 2016 1 CITIZEN COMMENTS ............................................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 2 CONSENT CALENDAR ............................................................................................................................. 3 Resolution #5, Series of 2016 – Additional Design Services for Burlingame Ranch Phase II single Family Homes #1-4 ....................................................................................................................................... 3 Minutes – January 11, 2016 .................................................................................................................. 3 ORDINANCE #1, SERIES OF 2016 – Hotel Jerome – Planned Development ........................................... 4 P69 VI.d Regular Meeting Aspen City Council January 25, 2016 2 At 5:00 pm Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Mullins, Daily and Myrin present. CITIZEN COMMENTS 1. Freddie Wyatt, Munch & CO, event producer for the cannabis industry and for the X games cannabis events asked the Council to look at a private cannabis club for Aspen. It would need to be regulated on site private and a safe place for Aspen. People can buy but they are not allowed to recreate on the streets, mountains or hotel rooms. It could dove tail into the special events and private consumption sections for cannabis use in the crowds. It is here and not going anywhere. Denver has reopened this. Mayor Skadron asked if this is happening anywhere else. Mr. Wyatt said they are based in Washing DC and have been asked to look at this there as well as in Las Vegas. He would like to do it here as a juice/coffee bar. COUNCILMEMBER COMMENTS Councilwoman Mullins said spill the beans is happening again. It is productive when there are enough people for a good discussion. It will be Tuesdays from 3 to 4. Look for the ads in the paper. It is a nice way to talk to Councilmembers. She said she would like Council with Staff to discuss the pros and cons of changing the charter so Council can have some input on the hiring of the community development director. Anything we do now will not have an effect on the current hiring process but would be something that would be voted on in November. In thinking about the Staff members that have the most impact on the community we might consider the same thing for the Chief of Police. She suggested a work session about the pros and cons and possible ballot question. Councilman Daily stated he supports Councilwoman Mullins idea of a work session. Councilman Myrin said last week was gay ski week and was fantastic. It is put on by Aspen Out, a local volunteer organization. This year’s numbers were up twice from last year. There was a media sponsor through Logo TV that begins airing on the 28th. All the money raised goes to non-profits with some to local scholarships. Next year is the 40th year. If there is a way at a work session to include public comment live on line during meetings from people watching at home it would be interesting to find out how other municipalities do that or if there is a model to work with. Councilman Frisch gave a hats off to Aspen Hall of Fame and Helen, the Anderson Brothers and Boogie for their contributions. 39 years is a long time for any event and it is a great way to kick off the year with ski week. Regarding the marijuana clubs, the last time this was discussed at the moment there weren’t any other municipalities in Colorado that had these types of clubs. The suggestion was we were not going to be a leader. It would be interesting to know what Mayor Hancock is doing but he is not opposed to discussing the issue. Jim True, city attorney, said we do have zoning against private clubs. Use of marijuana in public is prohibited by the constitution. This is where the definition of private club becomes a problem. The state is grappling with the issue. There is legislation being proposed and we are not sure how that will address the constitution problem. There is also discussion about amending the constitution to address this issue because the whole state is grappling with this issue. He is not sure what Denver has done. We are in the same place that it is a problem throughout the state that other communities are looking at. I think it would take an amendment to the constitution P70 VI.d Regular Meeting Aspen City Council January 25, 2016 3 and it may happen in November. Councilman Frisch said he is open minded to the discussion to a non-alcoholic venue in time. Mayor Skadron gave a thanks to ACRA for a successful Winterskol and the team at Aspen Out for a successful gay ski week. He gave a heads up that X games starts on Thursday. CONSENT CALENDAR Resolution #5 – design services for Burlingame Councilwoman Mullins asked how many single family homes. Chris Everson, asset, replied four. She asked for the total construction cost. Mr. Everson said it is yet unknown since they plan on going out to bid this April. They will come back in May for a discussion on the total cost per home, what income levels to serve, potential subsidies and what sales process to use. At last check with the housing office there were 20 to 30 interested parties in the homes. Subsidies may affect the lottery process. Councilwoman Mullins said the fee seems high. Are you satisfied it is in line? Mr. Everson said it has gone up. Based on his estimates the increase in design costs did bump the design fess from 7 to 11 percent of construction costs. It includes architecture plus civil engineering, draining, retaining, landscape, irrigation and mechanical. Councilman Myrin asked what were the unacceptable impacts for the neighborhood mentioned in the memo. Mr. Everson said the improvements in 2015 included new public parks and the expansion of BG phase I parking. Part of the phase 2 approval was a requirement to increase parking. That work is now complete. Trying to construct these homes while doing the parking and parks it became clear that work was not going to happen at the same time. Councilman Myrin said there are a bunch of consultants for sound and other things but nothing that speaks to heat tape and leaks like we are dealing with at Centennial. Is there someone who looks at that? Mr. Everson said the budget includes 11 percent as design fees. The budget is based on using 22 percent of construction costs for soft costs. The other 11 percent is QA services like you are talking about. We will get reports from those third parties to make sure builders are building to spec. Councilman Myrin said more important is to make sure spec addresses those issues. Mr. Everson stated the architect is the same that was used for all the BG phase 2 buildings. We want a tight building enclosure and pay attention to snow shedding and sun angles. Those are held over from the previous work that was done. Councilman Daily said the memo talks about the designs were taken to the HOA and they said they would rather see a stricter adherence to the affordable housing guidelines. Where do the designs differ from those? Mr. Everson said in the 2010 to 11 timeframe we worked on the design process and at the time we believed we could gain efficiencies by working on our own. The ordinance allowed for the duplexes and was crafted in a way that allowed for the duplexes but created conflict because it said they should conform to the HOA design guidelines for Burlingame ranch. Last summer we came to you to talk about that conflict. We went back to the HOA and their preference was to avoid the duplex all together. Councilman Daily asked if the new design does that. Mr. Everson replied yes. • Resolution #5, Series of 2016 – Additional Design Services for Burlingame Ranch Phase II single Family Homes #1-4 • Minutes – January 11, 2016 P71 VI.d Regular Meeting Aspen City Council January 25, 2016 4 Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #1, SERIES OF 2016 – Hotel Jerome – Planned Development Councilman Myrin recused himself because he received a notice of mailing. Councilman Daily said for the record last spring/summer his firm assisted the current owner of the Hotel Jerome in purchasing the Jerome. Since that time the firm has done no work. Holland & Hart and he have no current or recent involvement in this property. They don’t owe us any fees. We have a clean record. I don’t feel we have at present any professional relationship that would be impaired in any way by me voting on this application. Justin Barker, community development, said this proposal includes two properties, the Hotel Jerome and former Aspen Times. Both are zoned commercial core and designated historic. The Jerome property also includes a planned development overlay. The hotel currently contains 93 units and 93 keys. The former Times building is currently vacant commercial space. The proposed project includes merging the properties into one lot, a request for the City to vacate 56 feet of the existing alley, demolition and redevelopment of the rear portion of the Times, redevelopment of the courtyard, and reconfiguration of the amenities and some hotel rooms. The proposal adds five lodge units and nine keys. The original proposal included a fourth floor but has since been removed. The required reviews include conceptual design reviews, demolition, planned development project review, subdivision and growth management. The project would require two planned development variations from the commercial core dimensional requirements. The first is for the first floor minimum floor height for the Aspen Times building as well as the new lodge construction in order to reduce the overall height of the development. The second variation would be from the average lodge unit size in order to increase the allowable FAR for the lodge uses. This would not affect the overall allowable floor area for the property. The applicant has requested for this to be a combined review and have HPC serve as a recommending body on all conceptual level reviews and have City Council be the decision making body on these reviews. Staff recommendation is for approval on first reading and to schedule second reading for February 22. Councilwoman Mullins said this is an important project in town and a complicated application. She would like clarifications on a few things. She would like more information on the historic resource including how much is original. The memo says only 30 percent will be left. How much is the late 1880’s building. The references to the alley vacation were not clear if they are asking the City for it. How much land is being requested from the City and are easements needed. The Jerome already has a PD, she asked for discussion on why the subdivision process and the benefit of the Times coming in under that umbrella. In reference to the change in floor height, reassert you are keeping the original floor to ceiling height in the historic building and that is why it is non-conforming. The lodge unit density and using the FAR for 500 square foot or less but the units average 590 square feet. Are all the units 590 or is there one big one that is skewing the average. What is the public amenity exactly. Is it limited access and does it qualify. She asked for better illustrations of options A and B and why did HPC recommend one over the other and Staff reasons. She asked for clarification on the entry and drop off and better illustrations off the drop off design. P72 VI.d Regular Meeting Aspen City Council January 25, 2016 5 Councilman Frisch said the average lodge unit size is going up but the existing rooms are staying and that is spreading the average up. Mr. Barker said the majority will remain untouched but two units will be expanded. Councilman Frisch said the code says over 500 it’s .5 then jumps up to 2.5. Is that something that is recent. Mr. Barker stated he is not sure but will include it for second reading. Councilman Frisch said for someone who walks towards it what does it look like now and what will it look like at the end from a non-technical aspect. He said he wants to see good representations of what we will see. Mayor Skadron had the same question about the average lodge unit size and the ratio, how did we get from .5 to 2.5. He asked to go through the nine keys and will they ever be used or is it a design feature to deliver four larger rooms. What is the effect on average lodge unit size if you are here asking for four 2,500 square foot rooms or that number subdivided by the nine keys available for each room. The existing partial vacation is not the justification for the total vacation, is it? Sunny Vann, representing the applicant, said the majority of the alley was previously vacated and portions of the hotel sit on it. The alley currently dead ends behind the Aspen Times building. They are requesting a vacation of a small piece that goes behind the Aspen Times, retaining the portion behind Carl’s. It allows for a substantial improvement to the courtyard and to separate the addition to the historic Aspen Times building. Councilman Frisch moved to read Ordinance #1, Series of 2016; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 1 (SERIES OF 2016) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING PLANNED DEVELOPMENT – PROJECT REVIEW APPROVAL, MAJOR SUBDIVISION APPROVAL, MAJOR DEVELOPMENT CONCEPTUAL APPROVAL, DEMOLITION, GROWTH MANAGEMENT APPROVAL, AND CONCEPTUAL COMMERCIAL DESIGN APPROVAL FOR A SITE SPECIFIC DEVELOPEMNT PLAN FOR THE HOTEL JEROME PLANNED DEVELOPMENT LOCATED ON PROERTIES COMMONLY KNOWN AS 310 & 330 E MAIN STREET (LEGALLY DESCRIBED IN EXHIBIT I TO THIS RESOLUTION), CITY OF ASPEN, PTIKIN COUNTY, COLORDO. Councilwoman Mullins moved to adopt Ordinance #1, Series of 2016 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Councilwoman Mullins moved to adjourn at 5:45 p.m.; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning, City Clerk P73 VI.d MEMORANDUM TO: Mayor and City Council FROM: Linda Manning, City Clerk DATE: February 3, 2016 RE: Board Appointments On February 1, 2016 City Council conducted part one of the interviews for board openings. The remainder of the interviews for board vacancies will be on March first. By approving the consent calendar, Council is making the following appointments: Planning & Zoning Commission Keith Goode Historic Preservation Commission Nora Berko Housing Authority Rally Dupps P74 VI.e Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Chris Menges, Data Research and Project Planner, Canary Initiative THRU: Ashley Perl, Climate Action Manager, Canary Initiative DATE OF MEMO: February 2, 2016 MEETING DATE: February 8, 2016 RE: Council resolution supporting federal Carbon Fee and Dividend legislation. REQUEST OF COUNCIL: On behalf of the members of the Aspen chapter of the Citizens’ Climate Lobby (CCL), City of Aspen staff requests City Council sign a resolution supporting the introduction and passage of federal Carbon Fee and Dividend legislation. Local constituents and members of the Aspen chapter of CCL believe a Council resolution would assist and strengthen their efforts in lobbying federal representatives to introduce and pass this legislation. PREVIOUS COUNCIL ACTION: At a July 6, 2015 work session, Aspen CCL co-chairs Ruthie Brown and Mona Newton provided Council with a presentation on this proposal, describing the urgency of federal climate legislation and the merits of the Carbon Fee and Dividend policy proposal. Council asked a variety of questions, received answers and requested that CCL work with City staff to finalize a resolution for their further consideration. During that session, Aspen CCL members also requested that Council support sending a City staff member with them to the annual CCL conference in Washington DC where CCL members from around the country converge to ask their senators and congressmen/women to consider introducing Carbon Fee and Dividend legislation. Council approved this request and staff member Chris Menges provided a supporting role to Aspen CCL members for two days of congressional lobbying in Washington DC during the summer of 2015. Given that Council had not formally adopted a related resolution at that time, no lobbying was done by staff on behalf of themselves, the City or its residents. Rather, staff supported Aspen CCL members with expertise in climate science, solutions, economics and policy to help add context to their efforts. BACKGROUND: The Aspen community and the City of Aspen have a long history of environmental stewardship and the pursuit of an environmentally sustainable community. This leadership extends to understanding the impacts of climate science and implementing local policies aimed at mitigating climate change. Part of this understanding is that local action is necessary, but not sufficient if deleterious climate change impacts are to be avoided in Aspen and throughout the region. Accordingly, staff has heard from Council that opportunities should be identified to support action at the national and international levels that would constrain emissions of greenhouse gases (GHGs) to safe levels. P75 VI.f Page 2 of 3 While Aspen has approached this directive in a variety of ways including supporting the EPA’s Clean Power Plan and signing the Compact of Mayors, local citizens have organized to request additional action. Namely, for City Council to sign a resolution supporting the introduction and passage of federal Carbon Fee and Dividend legislation. During this session, Council will hear from Aspen CCL co-chair Ruthie Brown about why Carbon Fee and Dividend is, according to CCL, the optimal, most effective and economically efficient policy for reducing economy-wide GHG emissions at the national level. DISCUSSION: Carbon Fee and Dividend Explained by Citizens’ Climate Lobby Carbon Fee and Dividend is the climate change solution created by the Citizens’ Climate Lobby (CCL) to account for the costs of burning fossil fuels. Climate scientists and economists alike say this solution is the best first step to reducing the likelihood of catastrophic climate change. Carbon Fee and Dividend’s Impact: Within 20 years, Carbon Fee and Dividend could reduce GHG emissions 52% below 1990 levels while growing the economy and saving lives. How Carbon Fee and Dividend Works (Basic): 1. Place a steadily rising fee on fossil fuels (i.e. coal, oil and gas). 2. Give all of the revenue from the carbon fee back to households. 3. Use a border adjustment to discourage business relocation. 4. It's good for the economy AND even better for the climate. What is a Carbon Fee? It is a fee based on the amount of carbon in a fossil fuel. Fossil fuels such as oil, gas and coal contain carbon. When burned they release the potent GHG, carbon dioxide (CO2), into the atmosphere. The fee is based on the tons of carbon dioxide the fuel would generate, and it would be collected at the earliest point of entry into the economy — well, mine or port. The fee would start out low — $15 per ton — and gradually increase $10 each year. How Would a Carbon Fee Affect Energy Prices? The best example would be gasoline. A $1 per ton increase in the carbon fee would equal about 1 penny on the price of gas. So if the carbon tax started at $15/ton, gasoline would go up by about 15 cents per gallon the first year and 10 cents each year afterward. What is the Dividend? The dividend is defined as the quantity of revenue to be rebated to American households. In this case, 100 percent of the total carbon fees collected are divided up and given back to all households equally. This dividend helps citizens pay the increased costs associated with the carbon fee while our nation transitions to a clean energy economy. Because not everyone uses the same amount of carbon, the majority of American households (about 66 percent) are estimated to earn back as much or more than they pay in increased costs. Why Carbon Fee and Dividend Works (Narrative): Because the fee (and the price of fossil fuel) goes up predictably over time, it sends a clear price signal to begin using fossil fuels more efficiently or replace them with low emissions energy. That price signal motivates investment to P76 VI.f Page 3 of 3 move into low emissions technologies, as the true cost of fossil fuels is brought back onto the balance sheets of those who sell them. The rising cost of fossil fuels increases the demand for low emissions products, making them even less expensive as they reach mass production. This clear and easy-to-understand price signal (increasing fossil fuel costs and decreasing green technology costs) drive the transition to a green economy. This transition will reduce GHG emissions, stabilizing our climate. How Many New Jobs Will be Created if the US Adopts Carbon Fee and Dividend Legislation? National employment increases by 2.1 million jobs after 10 years, and 2.8 million after 20 years (more than a 1% increase in total US employment). FINANCIAL/BUDGET IMPACTS: The introduction of federal Carbon Fee and Dividend legislation would have no direct budget impact for the City of Aspen. Passage of the legislation could affect the City’s budget by increasing the cost of fossil-based energy products (like gasoline, diesel and electricity produced with coal or natural gas). Passage of the legislation is anticipated to significantly grow the national economy and increase per-capita income all while significantly reducing CO2 emissions (according to a detailed economic analysis by Regional Economic Models Inc. or REMI). In the “Mountain Region” which includes Colorado, passage of the legislation would likely lead to a net increase in jobs. Accordingly, it is plausible that passage of the legislation could strengthen Aspen’s tourism-based economy while simultaneously safeguarding it from the worst impacts of climate change. ENVIRONMENTAL IMPACTS: Within 20 years, Carbon Fee and Dividend could reduce nationwide GHG emissions 52% below 1990 levels while growing the economy and saving lives. The City of Aspen has a firm commitment to mitigating climate change to protect all aspects of the local environment. Though local action is necessary to achieve this goal, it is not alone sufficient, and policies to dramatically reduce emissions at the national and international scale are necessary. Carbon Fee and Dividend provides a pathway to stabilize GHG emissions to safe levels at the national scale in a market-based, economically efficient manner. RECOMMENDED ACTION: Staff recommends City Council and the Mayor approve the Carbon Fee and Dividend resolution. ALTERNATIVES: City Council and the Mayor may choose not to support this resolution. They may also request additional information, or propose any alternate next steps for consideration. ATTACHMENTS: Attachment A: CCL Legislative proposal: Carbon Fee and Dividend Attachment B: Summary of “The Economic, Climate, Fiscal, Power, and Demographic Impact of a National Fee-and-Dividend Carbon Tax” By REMI and Synapse Attachment C: Regional REMI Summary for the Mountain (MNT) Region (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Wyoming) P77 VI.f RESOLUTION #11 (Series of 2016) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, URGING THE U.S. CONGRESS TO INTRODUCE AND THEN PASS LEGISLATION THAT LEVIES AN ANNUALLY INCREASING REVENUE-NEUTRAL FEE ON THE CARBON IN FOSSIL FUELS AT THE POINT OF PRODUCTION OR IMPORTATION. WHEREAS, climate scientists worldwide agree that Earth is warming rapidly to a degree that is perilous to human civilization, numerous species, and to the global ecosystem; and WHEREAS, the primary cause of the rapid warming is human activity, especially through the combustion of fossil fuels that create greenhouse gasses (GHGs) such as carbon dioxide (CO2); and WHEREAS, the United States Global Change Research Program, anticipates that inaction on reducing global emissions of CO2 will lead to increased heat, drought, insect outbreaks, flooding and wildfires coupled with declining water supplies, reduced agricultural yields and a myriad of health impacts throughout the Southwestern United States; and WHEREAS, the likely impacts of unmitigated climate change on Aspen could pose serious threats to the region’s economy, ecology and heritage; and WHEREAS, every additional release of GHGs diminishes the chances of avoiding damaging climate change; and WHEREAS, the City of Aspen City Council has a record of acknowledging the reality of climate change, its probable effects on the community, and the City’s ability and responsibility to reduce its contribution to the causes of climate change, as evidenced by the City’s Canary Action Plan; and WHEREAS, local action is necessary yet insufficient to avoid catastrophic climate change; and WHEREAS, national and international policies to reduce GHG emissions must be rapidly implemented; and WHEREAS, Aspen citizens representing the Aspen chapter of the Citizens’ Climate Lobby have identified a policy known as Carbon Fee and Dividend as an optimal, revenue-neutral policy to reduce economy-wide GHG emissions at the national scale, and request a Council Resolution endorsing this policy to strengthen their efforts in lobbying at the federal level; and P78 VI.f WHEREAS, such an instrument would encourage consumers and the market to transition away from carbon-based energy and fuels to clean energy sources; and WHEREAS, a revenue-neutral “carbon fee and dividend” is a superior, economically efficient and market based method to reduce carbon emissions: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the governing body recognizes the pollution caused by burning fossil fuels is recognized by scientists as a primary cause of climate change, and that an effective and efficient measure to address this problem is the enactment of a revenue-neutral fee on carbon production at its source, with the fees being returned to Americans as a dividend. BE IT FURTHER RESOLVED that the governing body: 1. Strongly urges the U.S Congress to pass legislation that levies an annually increasing revenue-neutral fee on the carbon in fossil fuels at the point of production or importation, that would be sufficient to reduce US GHG emissions to climate-safe levels by 2050; and 2. Requests that the U.S. Congress construct and implement this policy with the speed appropriate to the gravity and urgency of the situation. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the City’s Congressional Delegation. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th day of February 2016. Steven Skadron, Mayor I, Linda Manning, 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 February 8th, 2016. Linda Manning, City Clerk P79 VI.f Legislative proposal: Carbon Fee and Dividend Findings: 1. Causation: Whereas the weight of scientific evidence indicates that greenhouse gas emissions from human activities including the burning of fossil fuels and other sources are causing rising global temperatures, 2. Mitigation (Return to 350 ppm or below): Whereas the weight of scientific evidence also indicates that a return from the current concentration of more than 400 parts per million (“ppm”) of carbon dioxide (“CO2”) in the atmosphere to 350 ppm CO2 or less is necessary to slow or stop the rise in global temperatures, 3. Endangerment: Whereas further increases in global temperatures pose imminent and substantial dangers to human health, the natural environment, the economy, national security, and an unacceptable risk of catastrophic impacts to human civilization, 4. Co-Benefits: Whereas the measures proposed in this legislation will benefit the economy, human health, the environment, and national security, even without consideration of global temperatures, as a result of correcting market distortions, reductions in non-greenhouse-gas pollutants, reducing the outflow of dollars to oil-producing countries and improvements in the energy security of the United States, 5. Benefits of Carbon Fees: Whereas phased-in carbon fees on greenhouse gas emissions (1) are the most efficient, transparent, and enforceable mechanism to drive an effective and fair transition to a domestic-energy economy, (2) will stimulate investment in alternative-energy technologies, and (3) give all businesses powerful incentives to increase their energy-efficiency and reduce their carbon footprints in order to remain competitive, 6. Equal Monthly Per-Person Dividends: Whereas equal monthly dividends (or “rebates”) from carbon fees paid to every American household can help ensure that families and individuals can afford the energy they need during the transition to a greenhouse gas-free economy and the dividends will stimulate the economy, Therefore the following legislation is hereby enacted: 1. Collection of Carbon Fees/Carbon Fee Trust Fund: Upon enactment, impose a carbon fee on all fossil fuels and other greenhouse gases at the point where they first enter the economy. The fee shall be collected by the Treasury Department. The fee on that date shall be $15 per ton of CO2 equivalent emissions and result in equal charges for each ton of CO2 equivalent emissions potential in each type of fuel or greenhouse gas. The Department of Energy shall propose and promulgate regulations setting forth CO2 equivalent fees for other greenhouse gases including at a minimum methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons (HFCs), perfluorocarbons, and nitrogen trifluoride. The Treasury shall also collect the fees imposed upon the other greenhouse gases. All fees are to be placed in the Carbon Fees Trust Fund and be rebated 100% to American households as outlined below. 2. Emissions Reduction Targets: To align US emissions with the physical constraints identified by the Intergovernmental Panel on Climate Change (IPCC) to avoid irreversible climate change, the yearly increase in carbon fees including other greenhouse gases, shall be at least $10 per ton of CO2 P80 VI.f equivalent each year. Annually, the Department of Energy shall determine whether an increase larger than $10 per ton per year is needed to achieve program goals. Yearly price increases of at least $10 per year shall continue until total U.S. CO2-equivalent emissions have been reduced to 10% of U.S. CO2-equivalent emissions in 1990. 3. Equal Per-Person Monthly Dividend Payments: Equal monthly per-person dividend payments shall be made to all American households (½ payment per child under 18 years old, with a limit of 2 children per family) each month. The total value of all monthly dividend payments shall represent 100% of the total carbon fees collected per month. 4. Border Adjustments: In order to ensure there is no domestic or international incentive to relocate production of goods or services to regimes more permissive of greenhouse gas emissions, and thus encourage lower global emissions, Carbon-Fee-Equivalent Tariffs shall be charged for goods entering the U.S. from countries without comparable Carbon Fees/Carbon Pricing. Carbon-Fee- Equivalent Rebates shall be used to reduce the price of exports to such countries. The State Department will determine rebate amounts and exemptions if any. P81 VI.f Summary of “The Economic, Climate, Fiscal, Power, and Demographic Impact of a National Fee-and-Dividend Carbon Tax” By REMI and Synapse Summary by Danny Richter, Ph.D. About the study: Citizens' Climate Education Corporation (CCEC) and Citizens' Climate Lobby (CCL) contracted a third party, Regional Economic Modeling, Inc. (REMI) to do a nation-wide macroeconomic study on the impact of its Fee and Dividend (F&D) policy. The policy modeled is not a perfect representation of F&D (most obviously, F&D begins at $15 per ton whereas the study began at $10 per ton), but it is quite close, and accounts for the impact F&D's border tariff adjustment would have on the US economy. REMI used three models to do the study: (1) The Regional Energy Deployment System (ReEDS) built by the National Renewable Energy Laboratory and run by Synapse Energy Economics; (2) the Carbon Analysis Tool (CAT); an enhancement of the open-source CTAM model and populated by data from the US Energy Information Administration (EIA); and (3) REMI PI+, a proprietary dynamic model of subnational units of the United States’ economy whose methodology and equations are peer-reviewed and available to the public. Output included impacts on 160 industries, nationally and regionally for the 9 “U.S. Census” regions commonly grouped together in a number of federal data sources and in the energy market forecasts from the EIA. Model results were able to estimate the effects of the policy on GDP, personal income, employment, prices, carbon dioxide emissions, mortality due to NOx and SOx emissions, revenues, monthly dividend amount, energy generation capacity by technology, energygeneration by type, investment in power, population, and economic migration on both a regional and national level. Income and employment figures for each of 160 industry categories considered are included. These 160 industries encompass the entire economy. Figure 1: U.S. CO2 emissions under F&D (yellow) and without a carbon tax (blue). F&D reduces US emissions to 69% of 1990 levels by 2025, and to 50% by 2035. Figure 2: Thousands of jobs created by F&D relative to the case without a carbon tax. Over a million jobs created within 4 years, over 2 million within 9 years. P82 VI.f The results are all relative to a baseline case where there is no carbon tax (modeled by using the exact same set-up, with a $0/ton value for the carbon tax). In other words, all three models were run two times. Both times, the set-up was identical except for one thing: the price of carbon was either $0 from 2016-2035 (the baseline), or was $10 per ton in 2016 and increased by $10 every year after that (F&D). Why should we trust REMI? CCL hired REMI because we are committed to quality data free of ideological taint that you might get from some think tanks. As its name suggests, REMI models regional economics. It does this well. Dr. George Treyz founded REMI in 1980, after working as an academic with Nobel Prize-winner Lawrence Klein and other pioneers in the field of econometric modeling. REMI's modeling products grew from Dr. Treyz's work on one of the first regional macroeconomic models ever created: the Massachusetts Economic Policy Analysis (MEPA) model. Close links to the upper echelons of academia have persisted throughout REMI's 3+ decades of experience, resulting in several academic publications in journals such as the American Economic Review, the Review of Economics and Statistics, and the Journal of Regional Science. This experience and expertise is why private and public entities from all across the political spectrum have entrusted REMI to do their analyses, and paid them well for that expertise. These former clients include, but are not limited to: the American Gas Association (AGA), the Nuclear Energy Institute (NEI), the National Federation of Independent Business (NFIB), the National Education Association (NEA), the International Brotherhood of Teamsters, Booz Allen Hamilton, EY (formerly Ernst and Young), PWC (formerly Price Waterhouse Coopers), and ICF International. Like CCL and CCEC, REMI is truly nonpartisan. In that same spirit, CCL and CCEC did not attempt to influence the outcome of the report in any way. In fact, we were excited when we saw that not all the results were positive for every region, because that speaks to the integrity of the analysis. Our first priority is a livable world, and we can't get there without an honest and clear-eyed view of the facts. Figure 4: Annual additional GDP due to Fee and Dividend relative to no carbon tax. The numbers are positive due to more jobs and more consumer spending with F&D. Over the 20 years considered, GDP is $1.375 trillion higher than without F&D. Figure 3: Cumulative lives saved from avoided emissions by region under F&D. Region ENC, including Ohio, Indiana, Michigan, Illinois, and Wisconsin, has the most lives saved. 227,000 American lives would be saved in 20 years under F&D. P83 VI.f Study Highlights: CO2 emissions decline 33% after 10 years, and 52% after 20 relative to baseline (Figure 1). National employment increases by 2.1 million jobs after 10 years, and 2.8 million after 20 years. This is more than a 1% increase in total US employment we don't get without a carbon tax (Figure 2)! 13,000 lives are saved annually after 10 years, with a cumulative 227,000 American lives saved over 20 years (Figure 3). $70-$85 billion increase in GDP from 2020 on, with a cumulative increase in national GDP due to F&D of $1.375 trillion (Figure 4). Size of monthly dividend for a family of 4 with two adults in 2025 = $288, and in 2035 = $396. Annually, this is $3,456 per family of 4 in 2025 ($1152 per capita--children get ½ dividend) (Figure 5). Electricity prices peak in 2026, then start to decrease. Real incomes increase by more than $500 per person in 2025. This increase accounts for cost of living increases (Figure 6). Maximum cost-of-living increase by 2035 is 1.7-2.5%, depending on region (Figure 7). Electricity generation from coal is phased-out by 2025. Biggest employment gains in healthcare, retail, and other services (excluding public administration). This is because people have more money in their pockets to spend, and these industries are most boosted by consumer spending. Regional Gross Product is steady or rising in 8 of 9 regions. Why Haven't Previous Studies Found Such Positive Impacts? The majority of previous reports considering a carbon tax have not modeled a completely revenue-neutral carbon tax, do not envision a policy with such an aggressive rate of increase, do not have the same detail as REMI can provide, do not consider a 100% dividend, and do not report health benefits. Where revenue-neutrality was modeled, a “double-dividend” was often discovered in which carbon emissions were reduced and economic output grew. As these previous studies have highlighted, including a May 2013 study by the Congressional Budget Office (CBO), a carbon tax without revenue- Figure 5: Average monthly dividend for a family of four. Each adult gets one full share, and each child one half-share up to two children. Figure 6: US Income per capita, after accounting for cost- of-living increases. This means that even accounting for the increased cost of living, the average American is wealthier every single year of the policy. P84 VI.f recycling is a completely different policy from a carbon tax that does recycle revenue. The two policies, revenue-neutral carbon tax and a carbon tax without revenue returned, should not be confused in terms of their effect on the economy. Failing to consider such a rapid rate of increase in the carbon tax has prevented previous studies from realizing the magnitude of emissions reductions and scale of economic benefit reported in this study. Often, this was because rates of increase were not considered politically feasible. Most other models, run by academics or think tanks, do not have the detail provided by REMI. Over the past 3 decades, REMI's regional modeling techniques have been refined, detail has been added, and functionality improved. Three decades of such work and refinement in the private sector are what have given it an unmatched level of detail and reliability difficult to replicate. Despite these differences in conception, the results of REMI's work are largely consistent with previous studies in terms a benefit to the economy, industry effects, and emissions reductions. For example, the May 2013 CBO study also stated that a well-designed carbon tax could increase economic output and found a hypothetical $20 per ton carbon tax scenario would result in an 8% reduction in emissions at the national level. If held at that level, REMI's model setup would have found comparable results. Interpreting the Results: Take-home points The biggest take-home from this study is that there is no economic argument against Fee and Dividend. It creates jobs, grows the economy, saves lives, and makes Americans richer. It does this while also reducing CO2 emissions to 31% below 1990 levels by 2025, and to 50% below 1990 levels by 2035. F&D therefore sets the new standard for climate and economic policy. Other policies must now compare their climate and economic impact against F&D. To be against doing anything is to be against jobs, against a larger economy, and against saving American lives. We know of no politician who wants to be against these things, and so we hope that this study will clear the way to rapid passage of F&D. Revision 8: March 24, 2015 Figure 7: Cost of living increases by region. The lowest cost of living increase is approx. 1.7%, and the highest 2.5% in 2035. The total increase over 20 years is thus about equal to 1 year of average inflation. P85 VI.f Regional REMI Summary for the Mountain (MNT) Region (Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Wyoming) National Highlights in 2025: 2.1 million more jobs with Fee and Dividend (F&D). CO2 emissions 31% below 1990 levels. 90,000 American lives saved from better air quality. $80 - $90 annual billion increase in GDP. MNT-Specific Findings: Gross Regional Product (GRP): Figure 1: Gross Regional Product (GRP) Changes in the Nine Regions (p. 21). MNT is a richer region with F&D with growth peaking at a $10 billion increase to GRP. This is growth relative to the $0 carbon fee scenario; i.e. this does not occur without F&D. [Note: all numbers for this graph, and all graphs, are relative to the baseline $0 carbon fee scenario in the models.] 2025: Top 3 Industry Winners (GRP) 1) Real Estate (+$2.6 billion (b) to GRP) 2) Retail Trade (+$2.3b) 3) Ambulatory Health Services (+$2.1b) 2025: Top 3 Industry Losers (GRP) 1) Mining (except oil and gas) (-$2.0b) 2) Petrol. And coals manufacture (-$1.2b) 3) Oil and Gas Extraction (-$1.1b) Net of all industries in 2025: +$10 billion to regional GRP. Count of the industries considered in 2025: 44 add to and 22 subtract from GRP. 1 has zero change. P86 VI.f Employment: Figure 2: Regional breakdown of employment increases (p. 20). MNT has a respectable job growth of +220,000 jobs by 2025, landing somewhere in the middle of all the regions. As with GRP, these are jobs that do not exist without F&D. 2025: Top 3 Job Gainers 1) Retail Trade (+34 thousand (k) jobs) 2) Ambulatory Health Services (+27k) 3) Construction (+27k) 2025: Top 3 Job Losers 1) Mining (except oil and gas) (-8k) 2) Oil and Gas Extraction (-5k) 3) Air Transportation (-2k) Net of all industries in 2025: +220,000 jobs. Count of the industries considered in 2025: 33 add jobs, 5 lose jobs, 29 have no change. Energy Production:   Figure 3: Electrical Power Generation (p. 111). Coal is quickly phased out by 2022, while the power generated by natural gas remains largely unchanged until 2030 when gas with carbon capture and storage begins to take over. Wind energy production sees huge growth almost immediately after implementation of P87 VI.f the policy. Geothermal also sees a large expansion after 2020. Real Income: Figure 4: Real Income Per Capita (p. 38). This reflects the increase in income per person after accounting for increased cost of living (up by 1.75% in 2025; p. 33), increased energy prices (peaking in 2026 then dropping; p 34), net of the impact to the labor market, F&D checks, as well as population and demographic trends (p. 44). Also worth noting is that the inflation over the entire 20-year period for the region is equivalent to adding one “extra” year of inflation. Other notable findings: The main lesson of the study is that the fee lowers investment in capitol-intensive industries (e.g. mining, fossil fuels), and the dividend boosts investment in labor- intensive industries. Accordingly, the biggest growth occupations for the region in 2025 are retail sales workers (+14,000 jobs), food and beverage serving workers (+12,000 jobs), and health diagnosing and treating practitioners (+10,000 jobs) (p. 114-5). These occupations are winners because of the dividend, which boosts consumer spending, and thus results in job gains in labor-intensive industries. Conclusions: Despite the loss of $3.8 billion in coal and related industries, the region still has a net gain of $10 billion, a net increase in jobs, and a substantial increase in population. For example, the 2025 loss of 8,000 mining jobs is far outweighed by the 27,000 jobs added in construction alone. Losses due to fewer coal plants are more than offset by growth in other industries. The MTN region is a clear winner with Fee and Dividend! Full REMI report: http://citizensclimatelobby.org/wp-content/uploads/2014/06/REMI-carbon-tax- report-62141.pdf Revision 1: Feb. 17, 2015 P88 VI.f MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Amy Simon, Historic Preservation Officer RE: Notice of HPC approval of Conceptual Major Development, Demolition, Relocation and Variations review for 980 Gibson Avenue, HPC Resolution #3, Series of 2016 MEETING DATE: February 8, 2016 BACKGROUND: On January 13, 2016, the Historic Preservation Commission approved Conceptual Major Development, Demolition, Relocation and Variations review for a project located at 980 Gibson Avenue. 980 Gibson Avenue is in the Smuggler Mountain neighborhood and is part of Alpine Acres Subdivision. In the 1960s, a number of Victorian era homes were moved to this subdivision from unknown locations in Aspen. These properties are all landmark designated. The miner’s cottage at 980 Gibson was significantly altered over the years. It is linked to another Victorian (990 Gibson) by a garage. City Council recently approved a request to separate 980 Gibson and 990 Gibson into two fee simple lots. The owner of 980 Gibson wishes to demolish all non-historic construction on the site, reposition and restore the Victorian, dedicate it as a voluntary deed restricted Carriage House (a form of Accessory Dwelling Unit) and build a new detached free market home. HPC discussed the project on January 13th and granted approval, with conditions, by a 5-0 vote. Sideyard setback variations were allowed in order to distance the historic and new structures from each other. HPC also granted a variation so that the basements of the primary house and the Carriage house abut below grade for ease of construction. The Commission allowed for exceptions to the Residential Design Standards and the Carriage House Design Standards where existing size and architectural characteristics of the miner’s cottage are not entirely in conformance with current land use requirements. The board required two minor adjustments to the site plan be completed for Final review in order to place the proposed structures in a manner that is most sensitive to historic preservation concerns on this property and adjacent sites. PROCEDURE: Pursuant to Section 26.412.040(B), City Council has the option of exercising the Call Up provisions outlined in Section 26.412.040(B) within 15 days of notification. For this application, City Council may vote to Call Up the project at the February 8th or February 22nd meetings. If City Council does not exercise the Call Up provision, the HPC Resolution shall stand. ATTACHMENTS: Exhibit A: Staff memo to HPC, January 13, 2016 Exhibit B: Approved plans P89 VII.a Exhibit C: HPC minutes, January 13, 2016 Exhibit D: HPC Resolution #3, Series of 2016 P90 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 1 of 16 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 980 Gibson Avenue- Conceptual Major Development, Demolition, Relocation, and Variations review, PUBLIC HEARING DATE: January 13, 2016 ________________________________________________________________________ SUMMARY: 980 Gibson Avenue is in the Smuggler Mountain neighborhood and part of Alpine Acres Subdivision. In the 1960s, a number of Victorian era homes were moved to this subdivision from unknown locations in Aspen. These properties are all landmark designated. The miner’s cottage at 980 Gibson was significantly altered over the years. It is linked to another Victorian (990 Gibson) by a garage. The property has been sold and the new owner wishes to demolish all non-historic construction on the site, reposition and restore the Victorian, dedicate it as a deed restricted Carriage House (a form of Accessory Dwelling Unit) and build a new detached free market home on the south side of the lot. HPC is asked to consider Conceptual design (scale, massing and site plan), Relocation, Demolition, and Variation requests. Following Conceptual, staff will inform City Council of the HPC decision, allowing them the opportunity to “Call-Up” any aspects of the approval that they find require additional review. This is a standard practice for all significant projects. The last review step before applying for building permit is Final design (landscape, lighting and materials.) APPLICANT: Gibson Matchless LLC, represented by Haas Land Planning and Zone 4 Architects. PARCEL ID: 2737-074-10-001. ADDRESS: 980 Gibson Avenue, Unit 1, Alpine Acres Subdivision, City of Aspen, CO. ZONING: R-6 P91 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 2 of 16 CONCEPTUAL MAJOR DEVELOPMENT Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list of the relevant HPC design guidelines is attached as “Exhibit A.” Currently, it is difficult to distinguish the original Victorian house. In preparation for this hearing, staff has searched all of the standard sources for documentation. There are no photos showing the house before alteration, and the original location of the building has not been identified so there are no Sanborn maps to reference. The only information that can guide the historic preservation aspect of this project is inspection of the existing framing and materials, and assessment of original vs. changed conditions. The project architects have done an initial study of the building, removing drywall in a few key locations. Evidence of historic framing, sheathing and siding has been found. There are indications that, when the historic resource was moved to 980 Gibson a few decades ago, it was placed so the historic rear façade is facing the street and the historic front façade faces the back yard. This photograph, taken in 1980, shows the Gibson façade of the house. P92 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 3 of 16 The image below, left, shows the house as seen today, from the back yard. The image below, right, shows how 980 Gibson might have looked originally. The first topic for HPC to discuss is demolition of the non-historic additions. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance and Additionally, for approval to demolish, all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. The applicant proposes to demolish the addition identified in the photos above, and the garage that lies on the south side of the Victorian. These areas are not part of the original structure. They detract from the original resource and confuse the history of the property. P93 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 4 of 16 The applicant will also remove the materials that are enclosing what appears to be the original front porch. Any historic elements that are uncovered must be retained. Staff supports the demolition as proposed. The remaining historic resource is to be repositioned on a new basement, in the northwest corner of the site. Relocation of a historic building will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. The house is not in a historic district and it is not original to the site. Its current orientation appears to be inappropriate and detrimental to the historic character of the building. Staff supports placing the structure in a prominent location at the intersection of Gibson Avenue and Matchless Drive. The miner’s cottage will be freestanding; at least 17’ away from the proposed new house. A small addition is proposed on the back of the resource, addressed in more detail below. As part of a building permit review, the applicant will be required to submit the standard assurances that relocation will proceed with care, including a $30,000 deposit with the City during the construction process. P94 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 5 of 16 Setbacks The applicant requests three setback variances related to the relocation of the miner’s cottage. In order to grant a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. The project includes a north (Matchless Drive) side-yard reduction of 9’6” for the miner’s cottage, so that 5’6” is provided. There is no neighboring parcel that will be impacted by this variation. Staff finds that this variation maximizes the distance between the old and new structures and therefore mitigates a potential adverse impact to the resource. A south side-yard reduction of 7’ is requested, so that 8’ is provided. This variation relates to an upper floor deck that runs along the front (Gibson) and side of the new house. The deck meets the setback requirement along Gibson, but sits in the required south sideyard, which abuts 990 Gibson. 990 Gibson is also a landmark designated miner’s cottage that was moved to this neighborhood and has been heavily altered. Unfortunately, the front of the house is too obscured by trees to see from the street. 990 Gibson sits in the required sideyard setback for its own lot. The house may or may not be relocated on the site in a future redevelopment. Staff does have a concern with the placement of a contemporary elevated deck at 980 Gibson so close (about 12’) from the side of the Victorian at 990 Gibson. Staff has concerns with the relatively large size of the deck as a feature of the front of the new house and finds it to be in conflict with the design guidelines. We find that the standards for a setback variation are not met. We recommend that the deck be located only on the Gibson façade of the house and not wrap into the side setback. Even if this is accomplished, the side of the house intrudes into the setback by 3.” (14’9” is provided where 15’ is required.) Staff recommends the proposed new house be shifted 3” towards the north The front of 990 Gibson Avenue P95 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 6 of 16 (closer to the 980 Gibson Victorian.) Full compliance with the required side setback is reasonable and the impact on the Victorian is not significant enough to justify a variation. The third requested variation is a full waiver of the required distance between two detached buildings, as measured below grade only. To be considered detached, structures are to be completely separated by a distance of 5,’ above and below grade. This measurement is more than met by separation between the structures above grade, but the basements of the two units will touch. The applicant requests this relief because it is easier and more cost effective to construct the adjacent basements if the foundations touch. Planning staff reviewed this request and supports the waiver only if there is a dirt or gravel filled chamber that separates the living spaces between the two units. This chamber must be 5’ wide, for the full length that the basements abut. It is important to provide a deterrent to any future effort to combine the free market house and the carriage house into one larger home. This would be a zoning violation and staff does not support enabling that possibility. HPC should be aware that the property owner significantly redesigned this project after receiving initial feedback from staff. The original site plan and a rendering are shown below. Staff had concerns about the width of the new house as viewed from Gibson Avenue. The revised proposal, currently under consideration by HPC, is at the bottom of the page. P96 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 7 of 16 Staff finds that this project has a number of benefits not only to the historic resource, but also the neighborhood. The miner’s cottage is being extracted from its current condition and will be a highlight of the street, adjacent to a number of other Victorian homes. The miner’s cottage will have only a small addition, joining a handful of others in Aspen that have been preserved in their original size, as an authentic representation of 19th century life. The miner’s cottage may be made available for occupancy as an affordable housing unit. The project eliminates a driveway along a busy street. The property owner is not requesting a floor area bonus for this project. Because of square footage limitations that affect this subdivision, the new house cannot be more than 2,486 square feet in size, which helps prevent it from overwhelming the smaller historic structure. Regarding the HPC design guidelines, staff finds that the proposal for the miner’s cottage is appropriate at the Conceptual level. The applicant is making a good effort to restore the form of the building. Many details will need closer study at Final review, and others will need to be resolved during construction, when more original fabric can be inspected. Most of the original exterior materials, doors and windows have been replaced. Full documentation of remaining original elements is needed. A small addition is proposed on the rear of the house to accommodate a stair to the basement. The addition is appropriate, however the architect must confirm that it does not cover the historic fascia on the rear facing gable end (see illustration above). Staff also recommends a slight reduction in the size of the lightwell that is proposed next to the front porch of the miner’s cottage, to be no larger than the building code requirement (See guideline 9.7). At this point, staff assumes that the historic porch is still in place, but enclosed. The dimensions and roof pitch that exist in that area now must be reflected in the proposed design. Regarding the new house, staff finds that the design guidelines are met, with the exception of the front deck. Staff has recommended that HPC not approve a requested variance to allow the deck to extend to the side of the house. We recommend that it be no wider than the Gibson Avenue facing gable end in order to be more sympathetic to the width of the Victorian. The deck also creates second floor oriented outdoor living space that is not characteristic of the miner’s cottage. For that additional reason staff recommends a reduction in the size of this feature. The guidelines state: P97 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 8 of 16 Residential Design Standards In addition to the HPC guidelines, the project must meet the Residential Design Standards. Two standards are not met: 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.B.4 shall be exempt from this requirement. One (1) element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. 2. Build-to lines. On parcels or lots of less than fifteen thousand (15,000) square feet, at least sixty percent (60%) of the front façade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent (60%) standard. In order to grant variations, HPC must find that the proposal will: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. 11.4 Design a front elevation to be similar in scale to the historic building. The primary plane of the front should not appear taller than the historic structure. The front should include a one-story element, such as a porch. P98 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 9 of 16 CARRIAGE HOUSE REQUIREMENTS Staff finds that these variations are appropriate. The two buildings are parallel to Gibson Avenue. They cannot be parallel to Matchless Drive because it has an irregular shape. Regarding build to lines, the miner’s cottage cannot be moved any closer to the front lot line because of existing trees. The new house is purposely set back on the lot to give the historic building prominence. The applicant proposes to voluntarily deed restrict the historic resource as a Carriage House, a form of Accessory Dwelling Unit. A Carriage House is not considered a second dwelling unit. It is not required to be rented, but if it is rented it must be to a qualified working resident as determined by the Aspen/Pitkin County Housing Authority Guidelines. Approval of a Carriage House would normally be conducted by the Community Development Director, however this unit does not meet all of the required design standards (deviations highlighted in gray below), therefore HPC approval is needed. 26.520.050 Design standards All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special Review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to Special Review; b. An ADU or carriage house must have separately accessible utility systems, controls and disconnect panels. This does not preclude shared services; c. An ADU or carriage house shall contain a full-size kitchen containing at a minimum: i. Minimum 30-inch wide oven, 4-burner stovetop. ii. A sink, dishwasher, and a minimum 20 cubic foot refrigerator with freezer. P99 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 10 of 16 iii. Minimum 24 square feet of counter space and a minimum of 15 cubic feet of cabinet space. iv. Kitchens may not be located in a closet. d. An ADU or carriage house shall contain a ¾ or larger bathroom containing, at a minimum, a sink, a toilet and a shower. e. An ADU or carriage house shall contain washer/dryer hookups, with a dryer vent rough-in, to accommodate minimum 27-inch wide washer/dryer units. 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be located in tandem, or “stacked,” with a space for the primary residence. 4. The finished floor level of fifty percent (50%) or more of the unit’s net livable area is at or above natural or finished grade, whichever is higher. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area or connected to the primary residence by an exterior breezeway or trellis shall still qualify as detached. No interior connections to the primary residence, or portions thereof, shall qualify the ADU or carriage house as detached. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, building code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. An application requesting a variation of the ADU and carriage house design standards shall be processed as a Special Review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. P100 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 11 of 16 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. Staff recommends that approval be granted to allow the net livable area below grade to be more than 50% of the overall unit. It is undesirable to make a larger above grade addition to the historic resource. The unit as designed is very livable and, if rented will be a benefit to the City’s affordable housing inventory. The standards above require the Carriage House to be detached from the primary residence. The zone district requires 5’ of separation between structures in order to be considered detached. Staff addressed this issue under HPC’s criteria for setback variances. We support the foundation between the two buildings being continuous, but require the 5’ separation to be achieved below grade by creating a physical barrier between the living spaces. Regarding the requirement that the Carriage House be located within the dimensional requirements of the zone district, HPC has the authority to approve the requested sideyard and basement level variations based on the landmark status of the property. ________________________________________________________________________ ________________________________________________________________________ STAFF RECOMMENDATION: Staff recommends HPC grant Conceptual Major Development, Demolition, Relocation, and Variations review with the following conditions: 1. By noon on Tuesday, January 12th, provide revisions to the project to staff, by email, addressing recommended areas for redesign which are to remove the requested south sideyard variation by making the deck no wider than the Gibson Avenue facing gable end of the new house and by moving the new house northward, design a dirt or gravel filled chamber that separates the below grade living spaces between the two structures (this chamber must be 5’ wide, for the full length that the basements abut), confirm that the addition on the back of the miner’s cottage does not cover the historic fascia on the rear facing gable end, reduce the size of the lightwell that is proposed next to the front porch of the miner’s cottage to be no larger than the minimum building code requirement and ensure that the dimensions and roof pitch shown for the porch on the miner’s cottage reflect the enclosed front porch that appears to be in place now. 2. As part of a building permit review, the applicant will be required to submit a report from a licensed engineer, architect or housemover demonstrating that the structure can be moved, and the method for moving and protecting the structure, must be submitted with the building permit application. In addition the applicant must provide a bond, letter of credit or cashier’s check in the amount of $30,000 to be held by the City during the duration of the relocation process. P101 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 12 of 16 3. HPC hereby grants a north (Matchless Drive) side-yard reduction of 9’6” for the miner’s cottage, so that 5’6” is provided. 4. HPC hereby waives compliance with the Building Orientation and Build-to-lines requirements of the Residential Design Standards. 5. HPC hereby waives compliance with the Carriage House design standards stated at Municipal Code Section 26.520.050.2, numbered 4, 5 and 6. 6. A development application for a Final Development Plan shall be submitted within one (1) year of January 13, 2016, 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 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. EXHIBITS: HPC Resolution #__, Series of 2016 Exhibit A: Design Guidelines Exhibit B: Application Exhibit A: Relevant HPC Design Guidelines for 980 Gibson Avenue, Conceptual review 1.9 Maintain the established progression of public-to-private spaces when considering a rehabilitation project. This includes a sequence of experiences, beginning with the "public" sidewalk, proceeding along a "semi-public" walkway, to a "semi-private" porch or entry feature and ending in the "private" spaces beyond. Provide a walkway running perpendicular from the street to the front entry. Meandering walkways are discouraged, except where it is needed to avoid a tree. Use paving materials that are similar to those used historically for the building style. Concrete, wood or sandstone may be appropriate for certain building styles. 1.11 Preserve and maintain mature landscaping on site, particularly landmark trees and shrubs. Protect established vegetation during construction to avoid damage. Replacement of damaged, aged or diseased trees must be approved by the Parks Department. If a tree must be removed as part of the addition or alteration, replace it with species of a large enough scale to have a visual impact in the early years of the project. 5.1 Preserve an original porch. P102 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 13 of 16 Replace missing posts and railings when necessary. Match the original proportions and spacing of balusters when replacing missing ones. Unless used historically on the property, wrought iron, especially the "licorice stick" style that emerged in the 1950s and 1960s, is inappropriate. Expanding the size of a historic porch is inappropriate. 5.5 If porch replacement is necessary, reconstruct it to match the original in form and detail. Use materials that appear similar to the original. While matching original materials is preferred, when detailed correctly and painted appropriately, alternative materials may be considered. Where no evidence of the appearance of the historic porch exists, a new porch may be considered that is similar in character to those found on comparable buildings. Keep the style and form simple. Also, avoid applying decorative elements that are not known to have been used on the house or others like it. When constructing a new porch, its depth should be in scale with the building. The scale of porch columns also should be similar to that of the trimwork. The height of the railing and the spacing of balusters should appear similar to those used historically as well. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. In general, relocation has less of an impact on individual landmark structures than those in a historic district. It must be demonstrated that relocation is the best preservation alternative. Rehabilitation of a historic building must occur as a first phase of any improvements. A relocated building must be carefully rehabilitated to retain original architectural details and materials. Before a building is moved, a plan must be in place to secure the structure and provide a new foundation, utilities, and to restore the house. The design of a new structure on the site should be in accordance with the guidelines for new construction. In general, moving a building to an entirely different site or neighborhood is not approved. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots shall remain landmarked properties. 9.4 Site the structure in a position similar to its historic orientation. It should face the same direction and have a relatively similar setback. It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. 9.5 A new foundation should appear similar in design and materials to the historic foundation. On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a modest miner's cottage is discouraged because it would be out of character. Where a stone foundation was used historically, and is to be replaced, the replacement should be similar in the cut of the stone and design of the mortar joints. P103 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 14 of 16 9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above grade. Raising the building slightly above its original elevation is acceptable. However, lifting it substantially above the ground level is inappropriate. Changing the historic elevation is discouraged, unless it can be demonstrated that it enhances the resource. 9.7 A lightwell may be used to permit light into below-grade living space. In general, a lightwell is prohibited on a wall that faces a street (per the Residential Design Standards). The size of a lightwell should be minimized. A lightwell that is used as a walkout space may be used only in limited situations and will be considered on a case-by-case basis. If a walkout space is feasible, it should be surrounded by a simple fence or rail. 10.2 A more recent addition that is not historically significant may be removed. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. An addition that is lower than or similar to the height of the primary building is preferred. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Locating an addition at the front of a structure is inappropriate. Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. Typically, gable, hip and shed roofs are appropriate. Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. P104 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 15 of 16 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 10.14 The roof form and slope of a new addition should be in character with the historic building. If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. Eave lines on the addition should be similar to those of the historic building or structure. 11.1 Orient the primary entrance of a new building to the street. The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. The primary plane of the front should not appear taller than the historic structure. The front should include a one-story element, such as a porch. 11.5 Use building forms that are similar to those of the historic property. They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. Flat roofs should be used only in areas where it is appropriate to the context. On a residential structure, eave depths should be similar to those seen traditionally in the context. Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. 11.10 The imitation of older historic styles is discouraged. This blurs the distinction between old and new buildings. Highly complex and ornately detailed revival styles that were not a part of Aspen's history are especially discouraged on historic sites. 14.17 Design a new driveway in a manner that minimizes its visual impact. Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. If an alley exists, a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. P105 VII.a HPC Review 1.13.16 980 Gibson Avenue Page 16 of 16 P106 VII.a 9 8 0 G I B S O N A V E N U E R E V I S E D H P C C O N C E P T U A L D E S I G N R E V I E W | 1 2 . 3 1 . 2 0 1 5 P 1 0 7 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW SITE PLAN REVISED 23'-8" 5'-6" 6 ' 1 5 ' 4' 33 ' - 6 " 15' 43'-1" 36'-3" 42 ' 12'-9 1/2" 7945 7940 7950 7955 7940 7945 7950 7955 PROPERTY LINE 3 8 . 0 0 ' S 82 °59 '52 " E 10 6 .85 ' S 23°44'00" E 24.22' N 23°44'00" W 75.78' N 5 5 ° 2 9 ' 5 1 " E S 48 °50 '17 " E 58 .19 ' N 66 °20 '39 " E 14 2 .85 ' M A T C H L E S S D R I V E H E R R O N R O A D FRONT SETBACK S I D E S E T B A C K SID E SE T B A C K REAR SETBA C K R. O. W. S I D E SE T B A C K GIBSON AVENUE 990 GIBSON DO W N UP CH PARKING SPOT OUTLINE OF ROOF ABOVE DECK ABOVE DOWN BUILDING BUMP-OUT ABOVE FIRE PLACE ABOVE LINE OF WINDOW WELL BELOW CARRIAGE HOUSE 980 GIBSON N SCALE : 1" = 10' 0 5 10 20 40 P 1 0 8 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW LOWER LEVEL PLAN REVISED 5' UP FRONT SETBACK S I D E S E T B A C K SID E SE T B A C K S I D E S E T B A C K UP DIRT OR GRAVEL FILLED CHAMBER N SCALE : 1/4" = 1'-0" 0 1'5'10'2' P 1 0 9 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW MAIN LEVEL PLAN REVISED 23'-8 11/16" 3 8 . 0 0 ' S 23°44'00" E 24.22' N 5 5 ° 2 9 ' 5 1 " E M A T C H L E S S D R I V E FRONT SETBACK S I D E S E T B A C K SI D E SE T B A C K R. O. W. S I D E S E T B A C K D O W N UP OUTLINE OF ROOF ABOVE DECK ABOVE DOWN BUILDING BUMP-OUT ABOVE FIRE PLACE ABOVE LINE OF WINDOW WELL BELOW N SCALE : 1/4" = 1'-0" 0 1'5'10'2' P 1 1 0 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW UPPER LEVEL PLAN REVISED 22'-4 3/8" 23'-9 1/2" DECK FRONT SETBACK S I D E S E T B A C K SID E SE T B A C K S I D E S E T B A C K 3 8 . 0 0 ' S 23°44'00" E 24.22' N 5 5 ° 2 9 ' 5 1 " E D O W N 12 : 1 2 S L O P E 1 2 : 12 S L O P E 2 : 1 2 S L O P E 12 : 12 SLOPE 12 : 12 SLOPE 2 : 12 S L O P E N SCALE : 1/4" = 1'-0" 0 1'5'10'2' P 1 1 1 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW HISTORIC CARRIAGE HOUSE ELEVATIONS REVISED SOUTH ELEVATION EAST ELEVATION WEST ELEVATIONNORTH ELEVATION GRADE T.O. RIDGE GRADE T.O. RIDGE 1/3 POINT OF ROOF 12 '-9 " 5 '-0 " GRADE T.O. RIDGE 1/3 POINT OF ROOF GRADE T.O. RIDGE 1/3 POINT OF ROOF 13 '-0 " 5 '-0 " 13 '-9 " 5 '-0 " 1/3 POINT OF ROOF 12 '-9 " 5 '-0 " SCALE : 1/4" = 1'-0" HISTORIC MINER'S COTTAGE IMAGERYHISTORIC MINER'S COTTAGE IMAGERY 0 1'5'10'2' NOTE: ALL ELEMENTS OF THE HISTORIC MINER'S COTTAGE WILL BE RESTORED TO THE ORIGINAL DIMENSION AND DESIGN P 1 1 2 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW NEW HOUSE ELEVATIONS REVISED SOUTH ELEVATION EAST ELEVATION GRADE T.O. RIDGE SCALE : 1/4" = 1'-0" 0 1'5'10'2' T.O. RIDGE 1/3 POINT OF ROOF 11 '-4 " 13 '-0 " SECOND FLOOR 5 '-8 " GRADE 1/3 POINT OF ROOF 11 '-4 " 13 '-0 " SECOND FLOOR 5 '-8 " P 1 1 3 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW NEW HOUSE ELEVATIONS REVISED WEST ELEVATION NORTH ELEVATION GRADE SCALE : 1/4" = 1'-0" GRADE T.O. RIDGE 1/3 POINT OF ROOF 11 '-4 " 13 '-0 " SECOND FLOOR 5 '-8 " 0 1'5'10'2' T.O. RIDGE 1/3 POINT OF ROOF 11 '-4 " 13 '-0 " SECOND FLOOR 5 '-8 " P 1 1 4 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW CONCEPTUAL IMAGES REVISED VIEW FROM GIBSON AVE P 1 1 5 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW CONCEPTUAL IMAGES REVISED VIEW FROM GIBSON AVE P 1 1 6 V I I . a 980 GIBSON 1 2 . 3 1 . 2 0 1 5 HPC CONCEPTUAL DESIGN REVIEW SITE ELEVATIONS REVISED WEST ELEVATION FROM GIBSON AVE 0 1'5'10'2' SCALE : 1/4" = 1'-0" P 1 1 7 V I I . a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 6 MOTION: Bob moved to approve Resolution #2, 2016 as amended; second by Gretchen. Roll call vote: Sallie, yes; Bob, yes; Gretchen, yes; Patrick, yes; Willis, yes. Motion carried 5-0. 980 Gibson Ave. – Conceptual Major Development, Demolition, Relocation and Variations, Public Hearing Affidavit of public notice – Exhibit I New elevations – Exhibit II Nora was seated. Amy said this property is part of the Alpine Acres subdivision. It was annexed into the city in the 60’s. 980 and 990 sat on one parcel as a duplex. Recently they have been subdivided into two separate lots. This application is to demolish the garage that links the two buildings together and to restore 980 Gibson back to its original form; rotate it on the lot and place it on the front corner at the intersection of Gibson and Matchless and build a new house next to it. We do not know where the house came from so we cannot identify the exact shape. It appears that it is turned backwards on the lot. A lot of the door and window openings have been changed. We feel good enough that this project will bring back the character of the building as an example of a miner’s cottage and make it a nice feature of that neighborhood. There are historic materials and they will be used as guidance for the project. There are a few concerns with the renovation of the Victorian. There is a little addition proposed on the back of it to accommodate a stair to the basement and we want to make sure that that wasn’t damaging historic material any more than necessary. We have asked the applicant to restudy the placement so that they don’t cut into an original fascia line and they have accomplished that. We also asked them to reduce the size of a light well that is right adjacent to the right porch of the historic resource so that it isn’t any bigger than the code requirement and they have accomplished that. We also asked that they ensure that the porch follows the dimensions that appear to be the original enclosed porch that is currently facing the back yard. There are a lot of details of this project that will have to be finalized during construction when we get a better look at original fabric. Staff supports the design as proposed and we have a few conditions of approval. The applicant has addressed all of them. The applicant has asked for a couple of setback variances to the side yards. One of the side yards is along Matchless Drive and it relates to the placement of the P118 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 7 Victorian cottage and they have asked for a reduction from 15 feet to 5.6 feet. We support that. On the opposite side they are requesting a similar reduction that is adjacent to the 990 Gibson Victorian. The applicant has placed the house so that it doesn’t provide the full 15 foot side yard setback. We have requested that they address that in part by reducing the width of a deck that is proposed on the front of the house. They have accomplished that in the plans. There are still cantilevered levels on that side that protrude slightly into the setback. There are two proposals one completely removes the house out of the setback but then that means it is closer to the Victorian. In this project you are to have the miner’s cottage and the new house completely separated by a distance of five feet above and below grade. The applicant has asked to have the foundations touch because it is easier for them to construct. Zoning concern is that someone might punch a hole in the wall and the two structures would become one. We have asked them to create a gravel filled chamber below grade of a five foot width that would make it harder for someone to connect the two units in the future. The applicant is requesting a variation from two of the RDS’s, building orientation and build to lines. In terms of building orientation there buildings are both square to Gibson Ave. but they can’t to Matchless because it a curvilinear street. The build to line standard would require that the two houses both be up front at the setback line on Gibson but they cannot do that because of vegetation and the shape of the Victorian and they also have a preference for setting the new house back a bit in order for the Victorian to be the highlight so staff supports that. They are making the miner’s cottage an accessory dwelling unit or a carriage house. This unit will possibly be a voluntarily affordable housing unit. The owner doesn’t have to rent it. If they choose to it has to be to a qualified working employee within Pitkin County and there is no set rate on the rent but there are some restrictions to its use. As a result the applicant has to meet some design standards and they need some exceptions. When you are creating this kind of unit more than half net livable space needs to be above grade. In this case there is more livable space below grade. We think that is an appropriate exception for HPC to make because we wouldn’t want to see a larger addition. The second variation is that the carriage house be completely detached from the primary residence and they are butting up against each other but we have required the gravel filled chamber and we feel that satisfies the intent of the requirement. The carriage house is expected to comply with dimensional requirements but you are asked to grant some setback variations for it. P119 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 8 Amy said we support the granting of conceptual major development for the design. We also support HPC approving the demolition of the non-historic parts of the building. We support your approval of relocation to pick the historic house up and move it forward to the front of the site and rotate it in the proper direction. We support HPC granting the variations for setbacks, RDS’s and the accessory dwelling design standards. Sallie said the ADU gives the owner the opportunity to rent legally a place on their property that they otherwise would not be able to. If they rent it they have to rent it to qualified employees so it can offer one more space for a Pitkin County employee. If it wasn’t an ADU they couldn’t have a kitchen. Amy said this gives it the best chance to be occupied. Sallie recused herself Bill Pollock, Zone 4 architects Mitch Haas, Haas Planning Mitch said what is left of the Victorian after you take off all the additions over the years is a very small footprint about 450 square feet of net livable area. The client wanted to let the house stand alone and be a miner’s cottage and not attach his whole house to the back of it. The owner likes the idea of someone living there and can look after his house. We will first need to figure out what is historic in the house and turn the house around. As a point we are not asking for a bonus. Mitch said a subdivision was done to split the two parcels up. The lot line goes through a garage which will be removed. The house will be turned around to face Gibson Ave. so that it is visible. There are two huge trees in front of 990 which make it difficult to see 980 and those trees will go away and the client is paying for that. It will be a slow careful demolition process to see what is inside all the walls and what is original. Mitch went over the site plan. Bill Pollock said the mass is half of what the original design was. The client doesn’t want to move the new house closer to the restored Victorian. The ground floor and the footprint of the building complies with the setback requirement of 15 feet. We have an 18 inch cantilever for a chimney and a two foot cantilever at the back by the master bathroom. P120 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 9 Mitch said you are allowed to have a roof overhang project 18 inches into the setback. We are not proposing any fencing. The projections have no impact on a setback standpoint or on historic preservation. Pushing the house further closer to the Victorian does start to have an impact. We are hoping HPC allows the projections to be in the 15 foot setback but at the ground level we comply. Our allowable floor area is about 7800 square feet. The setbacks are based on the lot size of between 11,000 and 12,000 square feet. Our setbacks are unusually large relative to the FAR allowed on the property. We are hoping HPC approves the overhangs given the amount of effort we are going through to restore the Victorian. On the carriage house the square footage is only about 450 square feet. We wanted to make the unit more livable by going below grade. With the 5 foot gravel filled chamber the unit is detached. We are hoping we can get through conceptual approval. Nora inquired about the tree removals. Mitch said the cottonwoods on Gibson have to remain. On Matchless a string of trees will remain. Only a few will be cut down in order to get to the driveway. Willis inquired about the size of the lot and ceilings heights of the new construction. Bill said it is 11,587 square feet. The ceiling height is 10 feet and 9 foot plate heights on the second floor. Gretchen asked about the concept of the proposal. Bill said the client wanted a traditional mountain modern home but sty within the context of the two historic homes on either side. Nora asked about the overhangs and the perceived heaviness of the deck . Bill said the client loves the view of Aspen Mountain. The client spends a lot of time outside and will do on the deck. Part of the overhang is to break the two story mass up. The other is to provide a covered area to get from the garage to the front door. P121 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 10 Willis said the 3D version is what is being represented. Chairperson, Willis Pember opened the public hearing. Chris Greenwood said she lives in the neighborhood. Chris asked about the height requirements. Willis said the height requirements are 25 foot measured to about 1/3 of the way up to the primary roof shape. Chris said the height would be about another 5 feet past that. Chris also asked about the trees. Bill said all the trees on the property have been flagged. All the trees on the site plan will remain. According to the Parks Dept. most of the trees on -site are not healthy. The only trees that we are allowed to take down are those that are not healthy or not deemed to be an asset to the City. If we take down any trees we would have to do a mitigation program. Chris said the historic building is very close to the street and the corner is dicey when you are driving. You have a hard time seeing. Amy said some of the trees that are going to be removed are part of that problem at the intersection. The pine tree and aspens at the corner are all going away with the approval of the Parks Dept. Chairperson, Willis Pember closed the public hearing. Mitch said they will be doing plantings to help with the mitigation. Willis identified the issues: East setback, East setback on the Matchless Drive, 5’6” Below grade setback 5 foot gravel filled chamber RDS’s – building orientation and build to line - Matchless curve issue The caretaker unit Partial demolition P122 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 11 Willis said the project is commendable and placing the resource on the corner with no attachments except to the north is remarkable. This building will stand off as a jewel to the community. The site plan is great and the fact that they are not requesting a bonus is commendable. In doing that they have maximumized the separation and justifies the request for the east side yard setback variation request. The below grade setback is fine. The RDS’s are straight forward. The evolution of the site planning is all good and turning it northward to create a more porous reading are all great things. The overall height being pushed to the maximum height is something to discuss at mass and scale. Bob agreed with Willis. This is such an improvement from the original proposal and they have moved in the right direction. I have no issue with the height considering what is possible on that site. It is commendable that the historic house is being preserved. Patrick said he is OK with the side yard setback rather than moving the new house over. I am not OK with the 5.6 for the historic resource and it is really close to the road. I would suggest that the historic resource be moved two more feet away from the road which would be 7.6. Also on the cantilevered roof I would recommend that the size be cut in half. Gretchen said the overall concept is good and it is successful. I also agree that the carriage house should be moved further away from the street. The rotation of the house is good. I have a problem giving variances out for new Construction when there is enough room to solve the issues. The building overwhelms the Victorian but it can work. There are a lot of different window styles and it confuses the building and that could be addressed at final. The least amount of things that we have to vary is what I would prefer to see on an 11,000 square foot parcel. The height can work as long as there is some compatibility in scale or concept and I’m not finding it. Nora said she is pleased to see the little cabin being restored. Nora also said she feels the new building is sitting on top of the little Victorian. Maybe move it back a little as it doesn’t meet guideline 11.3 which is that the front elevation needs to be similar in scale. The huge overhang is awkward and the porch feels very heavy. The building just looks a little top heavy. If it was moved back a little and trimmed down a little it could be acceptable. P123 VII.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 12 Bob said he has no problem with the overall height. This proposal is definitely an improvement over what is existing. Wills said the grade goes up as you go north so if the building is pushed further to the north the addition will climb and look taller. Gretchen said it is a good project, it just needs a little tweaking. Amy commented that if you want to reduce the setback variance on the 990 side by pushing the new house back that becomes a different variance. The RDS’s want the new house to be forward. I don’t know if it would feel good if the house moves further away from the street. MOTION: Gretchen moved to approve resolution #3, 2016 with the condition that the carriage house move 2 feet east away from Matchless. Reduce the mass and size of the overhang on the new proposed residence. Move the proposed residence no less than 2 to 5 feet back. Drop #1; keep #2, tweak #3; Keep #4,5,6 Motion second by Patrick. Roll call vote: Gretchen, yes; Nora, yes; Patrick, yes; Bob, yes; Willis, yes; Motion carried 5 -0. MOTION: Willis moved to adjourn; second by Gretchen. All in favor, motion carried. Kathleen J. Strickland, Chief Deputy Clerk P124 VII.a P125 VII.a P126 VII.a P127 VII.a MEMORANDUM TO: Mayor and City Council FROM: Tom Rubel, Parks and Open Space Coordinator Jeffrey Alden, Parks and Recreation Financial Analyst THRU: Jeff Woods, Parks and Recreation Manager DATE OF MEMO: February 3, 2016 MEETING DATE: February 8, 2016 RE: 2016 Parks Fee for ‘Landscape/Resource Review REQUEST OF COUNCIL: It is the request of Council to amend the Ordinance 43, Series of 2015 to add to the 2016 fee schedule a Parks Department fee for Landscape/Resource Review at $0.03 per square foot. PREVIOUS COUNCIL ACTION: City Council adopted Parks Department fee rates for 2016 within Ordinance 43 on November 23, 2015. BACKGROUND: Since 2012 the Parks Department has charged various fees related to development review. For 2016 the Parks Department requested and Council approved an increase to Parks fees related to development. However, there was no intent to increase the Landscape/Resource Review fee. It was intended to move forward at the historic rate of $0.03 per square foot. Unfortunately, as a result of a spreadsheet program that rounded the fee to the nearest dollar, the historic fee was rounded down to zero and inadvertently dropped from the proposed Ordinance 43-2015. It is staff’s request that the ordinance be amended to reinstate the historic rate of $0.03 per square foot, commencing as of January 1, 2016. The Landscape/Resource Review is an important part of the overall development review. Activities related to this fee include reviewing building permits that have impacts to trees, landscaping, or ditches, including stream margins, 8040 greenline, or view planes. The goal is to ensure that all landscaping plans adhere to City of Aspen standards. In 2015 the Landscape/Resource fee review accounted for $46,180 in fees over 1,539,324 square feet. Parks staff feels that this review is critical to maintaining the Aspen’s natural resources and overall appeal. Revenues from the development review fees are devoted to one FTE to complete the review process for parks. DISCUSSION: The table below reflects historic and proposed development fees at for the Parks Department. The only change from the originally approved fee ordinance is to reinstate the Landscape/Resource Review fee, shown at the bottom of the table. P128 VIII.a Sec. 2.12.080. Parks Department fees 2011 2012 2013 2014 2015 2016 Development Fees Encroachments - Minor Review N/A $65.00 $65.00 $65.00 $65.00 $72.00 Encroachments - Major Review N/A $130.00 $130.00 $130.00 $130.00 $143.00 Right of Ways - Minor Review N/A $65.00 $65.00 $65.00 $65.00 $72.00 Right of Ways - Major Review N/A $130.00 $130.00 $130.00 $130.00 $143.00 Landscaping and Grading Permit N/A $65.00 $65.00 $65.00 $65.00 $72.00 Landscape/Resource Review/Sq Ft N/A $0.03 $0.03 $0.03 $0.03 $0.03 FINANCIAL/BUDGET IMPACTS: The aggregate fiscal impact associated with the above recommended fee changes is projected to be $50,000 for 2016 and has already been incorporated into the 2016 budget proposal. RECOMMENDED ACTION: Staff recommends approval of the amendment to the ordinance to reinstate the proposed fee for the 2016 budget year. ALTERNATIVES: Any fee can be amended in any manner as desired by the Council. PROPOSED MOTION: Move to adopt Ordinance 2 to revise the 2016 fee ordinance to include the requested fee adjustment as outlined above. CITY MANAGER COMMENTS: __________________________________________________________________________________ P129 VIII.a ORDINANCE NO. 3 Series of 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE 43, SERIES OF 2015, WHICH ADJUSTED MUNICIPAL FEES INCLUDED UNDER TITLE 2 OF THE MUNICIPAL CODE. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, on November 23, 2015, the City Council adopted Ordinance 43, Series of 2015, which amended and adopted fees for various departments within the City to be in effect for the year 2016; and, WHEREAS, Ordinance 43, Series of 2015, inadvertently dropped an historic fee from Section 2.12.080, Parks Department fees that reimburses the Parks Department for Landscape/Resource Review. The fee inadvertently dropped was intended to continue through 2016 at the historic amount. WHEREAS, this ordinance is intended to amend Ordinance 43, Series of 2015 by reinstating the Landscape/Resource Review fee for the entire year of 2016. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Ordinance 43, Series of 2015, is hereby amended to add the following line item to Section 2.12.080. Parks Department fees, under “Development Fees,” to be in effect as of January 1, 2016: Development Fees Landscape/Resource Review/Sq Ft $0.03 A public hearing on the ordinance shall be held on the 22nd day of February, 2016, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 8th day of February, 2016 Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk P130 VIII.a FINALLY adopted, passed and approved this 22rd day of February, 2016. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney 2 P131 VIII.a 1 MEMORANDUM TO: Mayor Skadron and City Council THRU: Jennifer Phelan, Acting Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: First Reading of Ordinance #2, Series of 2016, AspenModern negotiation for historic designation of 626 W. Francis Street DATE: February 8, 2016 SUMMARY: 626 W. Francis Street is one unit in a duplex that was built in 1964. A new owner proposes landmark designation through the AspenModern program. The same applicant voluntarily designated the other half of this duplex and completed a minor remodel in 2013. The units are mirror images of each other. The AspenModern process permits negotiation of special preservation incentives. An interior remodel of 626 W. Francis is underway. No HPC review was needed and no other expansion of the building is proposed at this time. To incentivize the designation, the applicant requests Council grant a 500 square foot floor area bonus and allow the bonus to be converted into two Transferable Development Rights, to be landed elsewhere in Aspen. The Historic Preservation Commission reviewed the application on January 27th and recommended Council support the designation and incentives by a 7-0 vote. Staff and HPC recommend Council approve this ordinance on First Reading. APPLICANT: 626 W. Francis LLC, represented by Kim Raymond Architects. PARCEL ID: 2735-124-09-011. ADDRESS: 626 W. Francis Street, Unit A, Starri Condominiums, City and Townsite of Aspen, CO. ZONING: R-6 P132 VIII.b 2 HISTORIC DESIGNATION AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property’s potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: There is relatively little documentation of the subject building. The original building permit is attached as Exhibit B. Following is an explanation of the Modern Chalet style, from the paper “Aspen’s Twentieth Century Architecture: Modernism 1945-1975. Modern Chalet A distinctive postwar housing type in Aspen is locally termed a modern chalet. With its moderately pitched gable roof oriented to the front, it recalls traditional chalets associated P133 VIII.b 3 with ski country, but in its expansive glass and minimal decoration, it also seems classically modernist, as if the architect and client liked the chalet idea for Aspen’s emerging ski identity, but updated it and made it modern to fit the community’s avant-garde tastes. Characteristically, modern chalets have low-to-moderately pitched roofs based on a 3:12 ratio; broad façades organized in rectilinear solid or glass panels; overhanging eaves, frequently with exposed roof beams; glass often extending to the eaves; minimal decoration; and sometimes stone or brick piers. The symmetrical modern chalets generally have a tripartite organization: a large central glazed area flanked by wood or masonry piers. Predominantly built between the late 1950s and late 1960s, these compact buildings were custom-designed for clients as well as erected by speculative builders. They have a rectangular footprint and fit well on the gridded streets of the older West End and Shadow Mountain neighborhoods. For the most part, their sizable window walls are oriented to Aspen Mountain. Although some modern chalets, such as 500 E. Durant Street, served commercial purposes, most extant examples are residential. They encompass a range of options, from single family to duplexes and even quadriplexes. While evoking such contemporaneous hybrid modernist homes as Eichler in California, Honn in Oklahoma, Keck in Chicago, and Koch (Tech Built) in the east, when compared side-by-side, the Aspen modern chalets not only look different, but arise out of different circumstances. Eichler and the others were meeting the postwar demand for suburban homes that fit the American dream of home ownership, up-to- date while still affordable. The Aspen real estate market was geared toward affluent vacation home owners who might be attracted to Aspen for a variety of reasons—the culture of the Aspen Institute, the skiing of Aspen Mountain, the charm of an authentic western town, or the cachet of owning property in such a desirable place. Many of Aspen’s modern chalets were built in the West End, close to the Aspen Institute and its intellectual and cultural offerings. Urban lots in this established neighborhood fitted the compact modern chalets well, yet they still offered mountain views. The modern chalets added to the West End’s rich building mix, including Victorian cottages and Second Empire and Queen Anne mansions as well as postwar traditional gabled chalets and classic flat-roofed modernist houses. Often two- and multiple-family structures, they also represent a shift in Aspen’s evolution as a vacation destination serving both winter and summer tourists. 625 Gillespie Avenue, designed by Benedict. City of Aspen files. P134 VIII.b 4 In 1957, Benedict designed two free-standing early modern chalets side-by-side on separate lots, at 625 & 615 Gillespie Avenue (demolished). Identical, the one- story structures had a horizontal base of board-and- batten siding punctuated by two vertical windows defining the ground floor, and glazing in the upper gabled section below the low- pitched roof. Simple and straightforward, they were topped by overhanging eaves and an extensive roof that encompassed a car port. Five other West end modern chalets date from 1962 to 1965 and show the range of variations within this simple vacation house (see left.) Many modern chalets have glass to the eaves and flanking brick piers. Projecting balconies cantilevered across the front, injecting a three- dimensional rectilinear base that hover just above the ground are also common characteristics. Staff finds that historic designation criteria a and c are met. To date, two modern chalets have been designated (624 W. Francis and 120 Red Mountain Road). One has been demolished (219 S. Third) and five others including the subject house have been identified as eligible structures located within the core of town. This particular style of postwar architecture is a hybrid of other more common architectural approaches, adjusted to this mountain environment. While some modern chalets were professionally designed, others were owner or contractor interpretations. It is important to carefully consider preservation opportunities for this small collection of Aspen structures. The second component of designation is scoring the physical integrity of the building. Staff’s score sheet is attached. Staff scored the building as a “Best” example of AspenModern, with 18 out of 20 points. This is a classic example of the style, with relatively few alterations. The original windows have been replaced in kind. Staff finds that designation criterion e is met. HPC has concurred with this assessment of the historic significance of the property. P135 VIII.b HISTORIC PRESERVATION BENEFITS The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property’s conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a “good, better, or best” example of Aspen’s 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council. Staff Response: Staff and HPC find 626 W. Francis to be a “best” example of a modern chalet. The applicant requests a 500 square foot floor area bonus, to be converted into two TDRs. When the adjacent unit, 624 W. Francis, was designated, HPC and Council awarded a 72 square foot floor area bonus for use on the site and a 250 square foot bonus to be converted into a TDR, among other incentives. Typically, each historic property is eligible for a total of 500 square feet. Though this property contains two residences, both of which will be recognized as historic, one 500 square foot maximum bonus is the standard. The applicant requests 500 square feet in addition to the 322 square feet that was awarded to 624 W. Francis, for a total of 822 square feet associated with the property. The property will not be eligible for any more floor area bonuses in the future unless the Municipal Code changes to allow it, and the bonus is approved by a review board. The 500 square foot bonus converted into TDRs is the only incentive the applicant requests for this designation. Staff recommends Council support this modest incentive relative to the other AspenModern negotiations. No other bonuses, fee waivers, expedited permitting, etc. are involved. 626 W. Francis does appear to have a small (less than 200 square feet) amount of floor area available for future expansion within the zoning allowance. HPC design review would be required. ______________________________________________________________________________ STAFF RECOMMENDATION: Staff and HPC recommend Council support the proposed AspenModern landmark designation of 626 W. Francis Street on First Reading. Please note that the ordinance which designated Unit B of this duplex in 2013 included language clarifying that P136 VIII.b Unit A was not to be designated. The property owner at the time was opposed to that action. The attached ordinance supersedes those statements. RECOMMENDED MOTION: “I move to approve Ordinance #2, Series of 2016 on First Reading.” CITY MANAGER COMMENTS:________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ EXHIBITS: Ordinance #2, Series of 2016 Exhibit A: Application Exhibit B: Plat Exhibit C: Original building permit Exhibit D: Integrity score Exhibit E: Draft HPC Resolution Exhibit F: Ordinance #40, Series of 2013, designation of 624 W. Francis Street P137 VIII.b Ordinance #2, Series of 2016 626 W. Francis, AspenModern Negotiation Page 1 of 4 ORDINANCE #2 (Series of 2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 626 W. FRANCIS STREET, UNIT A, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-09-011 WHEREAS, the applicant, 626 W. Francis LLC, represented by Kim Raymond Architects, submitted an application on November 19, 2015, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located at 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, CO; and WHEREAS, the application initiated a 90 day period of negotiation that may be extended if no agreement has been reached. Since the review process could not be completed within 90 days, City Council, through Resolution #9, Series of 2016, granted a 30 day extension of the negotiation period, from February 17, 2016 to March 18, 2016; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, “the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;” and WHEREAS, the property owner and representative met with the Historic Preservation Commission on January 27, 2016; and WHEREAS, at their regular meeting on January 27, 2016, the HPC considered the designation and found that 626 W. Francis is a “best” example of the modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark Designation and preservation benefits; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property”; and WHEREAS, Section 26.415.025.C(1)d establishes that “as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;” and P138 VIII.b Ordinance #2, Series of 2016 626 W. Francis, AspenModern Negotiation Page 2 of 4 WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado, subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. This ordinance shall supersede language found in Section 1 of Ordinance #40, Series of 2013, which indicated that 626 W. Francis Street, Unit A, Starri Condominiums, was not subject to designation. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following designation incentive. 1. Floor area bonus: A 500 square foot floor area bonus is hereby approved to be issued in the form of two Transferable Development Rights. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result P139 VIII.b Ordinance #2, Series of 2016 626 W. Francis, AspenModern Negotiation Page 3 of 4 in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, CO. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P140 VIII.b Ordinance #2, Series of 2016 626 W. Francis, AspenModern Negotiation Page 4 of 4 The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: Public Hearing A public hearing on the ordinance shall be held on the 22nd day of February, 2016 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of February, 2016. _______________________ Steven Skadron, Mayor ATTEST: _____________________________ Linda Manning, City Clerk FINALLY, adopted, passed and approved this ___ day of ____, 2016. _______________________ Steven Skadron, Mayor ATTEST: _______________________ Linda Manning, City Clerk APPROVED AS TO FORM: __________________________ James R. True, City Attorney P141 VIII.b P142 VIII.b P143 VIII.b P144 VIII.b P145 VIII.b P146 VIII.b P147 VIII.b P148 VIII.b P 1 4 9 V I I I . b P 1 5 0 V I I I . b P 1 5 1 V I I I . b P152 VIII.b 1) Rectilinear footprint, classic chalet orientation with gable end to the street and/or mountain view X Character Defining Features of the Modern Chalet Style X 5) Deep eave overhang, may have exposed roof beams 8) Minimal decoration X X 7) Large central glazed area is flanked by brick or stone piers2) Broad gabled facade organized in rectilinear solid or glass panels, generally in a tripartite organization 3) Low to moderate pitched roof, often based on a 3:12 ratio 6) Glass in gable ends extending to the eaves X Check box if statement is true. One point per box. 9) Balcony on front facade 4) Roof eave comes down to a low plate height at the upper level 10) Entry door recessed or on side elevation X X X X A building must have 6 of the 10 character defining features, either present or clearly documented through photographic of physical Total Points, 0 – 10 9 through photographic of physical evidence to qualify as Modern Chalet Style. Restoration may be required as part of the award of incentives. If the property earned 6 or more points, continue to the next page. If the property earned less than 6 points, scoring ends. 1 2 3 4 5 6 9 7 8 10 P 1 5 3 V I I I . b P154 VIII.b A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE ASPENMODERN HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 626 W. FRANCIS STREET, UNIT A, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #4, SERIES OF 2016 PARCEL ID: 2735-124-09-011 WHEREAS, the applicant, 626 W. Francis LLC, represented by Kim Raymond Architects, submitted an application on November 19, 2015, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located at 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, CO; and WHEREAS, Amy Simon, in her staff report to HPC dated January 27, 2016, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the “best” category of historic resources. Staff recommended that HPC support the applicant’s request for a floor area bonus, to be converted into TDRs as a designation incentive; and WHEREAS, at their regular meeting on January 27, 2016, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation, and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of 7 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado meets the designation criteria of Land Use Code Section 26.415.025 and 030. HPC hereby recommends Council approve a 500 square foot floor area bonus, to be converted into Transferable Development Rights. APPROVED BY THE COMMISSION at its regular meeting on the 27th day of January, 2016. ______________________ Willis Pember, Vice Chair Approved as to Form: ___________________________________ Debbie Quinn, Assistant City Attorney ATTEST: ___________________________ Kathy Strickland, Chief Deputy Clerk P155 VIII.b ORDINANCE #40 Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 624 W. FRANCIS STREET, UNIT B, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-09-012 WHEREAS, the applicant, 624 W. Francis LLC, represented by Kim Raymond Architects, submitted an application on August 16, 2013, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located at 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, CO; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owner and representative met with the Historic Preservation Commission on September 11, 2013; and WHEREAS, at their regular meeting on September 11, 2013, the HPC considered the designation and proposed development, and found that 624 W. Francis is a"best" example of the modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark Designation and preservation benefits; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;" and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance #40, Series of 2013 624 W. Francis, AspenModern Negotiation Page 1 of 5 P156 VIII.b WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado, subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. The Historic Designation for 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado as provided for herein shall in no way encumber or apply to 626 W. Francis Street, Unit A, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado, or any common elements of the Starri Condominiums which are owned in common by the owners of Unit A and Unit B, Starri Condominiums. In the event of any amendment to the condominium map or declaration of protective covenants of the Starri Condominiums after the effective date of this ordinance which in any way reallocates property or improvements to Unit B, Starri Condominiums as comprising a part of Unit B, the Historic Designation for Unit B, Starri Condominiums as provided for herein shall apply, pursuant to and in compliance with the intent of this ordinance, to such reallocated property or improvements. In the event of any amendment to the condominium map or declaration of protective covenants of the Starri Condominiums after the effective date of this ordinance which in any way reallocates property or improvements to Unit A, Starri Condominiums as comprising a part of Unit A, the Historic Designation for Unit B, Starri Condominiums as provided for herein shall not apply, pursuant to and in compliance with the intent of this ordinance, to such reallocated property or improvements. However, any reallocation of property or improvements from Unit B to Unit A must have the prior written approval of the City of Aspen. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby accepts the following incentive, granted by HPC. 1. Expedited review. Council directs all building permit review departments to expedite review of the permit for the subject application. Provided that the applicant submits a permit by October 15, 2013, and provided that the applicant responds to any requests for additional information or revisions within 3 business days of the request, the Building Department shall endeavor to issue the permit by November 15, 2013. Ordinance#40, Series of 2013 624 W. Francis, AspenModern Negotiation Page 2 of 5 P157 VIII.b 2. Waiver of permit fees. Permit review fees for plan check, zoning, energy code, engineering, construction mitigation and GIS shall be waived, along with tap fees the City Water Department. 3. Waiver of impact fees. Parks and TDM fees for the permit shall be waived. 4. Tree removal. The fee to remove an aspen tree and spruce tree identified on the plans shall be waived. 5. Floor area bonus: A 250 square foot floor area bonus has been awarded by the HPC and is hereby approved to be issued in the form of a TDR. A 72 square foot floor area bonus has been awarded for the proposed remodel of this property. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three 3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, CO. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. Ordinance #40, Series of 2013 624 W. Francis, AspenModern Negotiation Page 3 of 5 P158 VIII.b The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: Public Hearing A public hearing on the ordinance shall be held on the 15th day of October, 2013 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of September,2013. f' Steven Sk on,Mayor ATTEST: ZAaz/ti!'A Kathryn K,#, City Clerk Ordinance#40, Series of 2013 624 W. Francis, AspenModern Negotiation Page 4of5 P159 VIII.b FINALLY,adopted,passed and approved this ' day of 2013. r Steven Ska' on, Mayor ATT ST: Kathryn Ko ity Clerk APPROVED AS TO FORM: Xmes R. True, City Attorney Ordinance#40, Series of 2013 624 W. Francis, AspenModern Negotiation Page 5 of 5 P160 VIII.b 0, ) d Zed a Ad Name: 9571350A LEGAL NOTICE ORDINANCE 40,2013 PUBLIC HEARING J Customer: Aspen (LEGALS) City of Ordinance#40,Series of 2013 was adopted on first Your account number: 1013028 2013. This or inance,ifadopted iIappr vene-2013. This ordinance,if adopted,will approve ne- gotiations for AspenModern for 624 W.Francis Street. The public hearing on this ordinance is scheduled for October 15,2013 at 5:00 p.m.CityHall,130 South Galena.PROOF OF PUBLICATION To see the entire text,go to the city's legal notice T A T website Z1 2:1 IMI: htt f://www.aspe npitki n.conVD epa rtme nts/C le rk/Le-gal-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2667 Published in the Aspen Times Weekly on Septem- ber 26,2013- [9571350] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 9/26/2013 and that the last publication of said notice was in the issue of said newspaper dated 9/26/2013. In witness whereof,I have here unto set my hand this 09/26/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/26/2013. 9 Pamela J.Schultz,Notary Public Commission expires:November 1,2015 Y AU.B PAMELA J. SCHULTZ c8 Yy C11mmISstn Expires 11101!2015 P161 VIII.b Staff Memo - 517 E. Hyman Call-up Page 1 of 5 MEMORANDUM TO: Mayor and Aspen City Council FROM: Justin Barker, Senior Planner THRU: Jennifer Phelan, Deputy Planning Director RE: Call-up of HPC approval of Demolition, Conceptual Major Development, and Conceptual Commercial Design for 517 E. Hopkins Ave., HPC Resolution #31, Series of 2015 MEETING DATE: February 8, 2015 On January 11th City Council voted to call up a recent HPC approval for discussion. The call-up procedures are described below. During a public meeting, City Council shall consider the application de novo and may consider the record established by the HPC. The City Council shall conduct its review of the application under the same criteria applicable to the HPC. City Council may take the following actions: 1. Accept the decision, or 2. Remand the application to HPC with direction from City Council for rehearing and reconsideration, or 3. Continue the meeting to request additional evidence, analysis or testimony as necessary to conclude the call-up review. The final HPC vote on this application was six to one (6-1). Staff supports the HPC decision and recommends Council select Option #1, accepting the HPC decision. If Council selects Option #2 and remands the application back to the Board, the rehearing and reconsideration of the application by HPC is final and concludes the call-up review. Substantial changes to the application outside of the specific topics listed in the remand to HPC may require a new call-up notice to City Council; however the call up review would be limited only to the new changes to the application. Following the conclusion of the call-up process, this application will be subject to Final Major Development Review by HPC. P162 X.a Staff Memo - 517 E. Hyman Call-up Page 2 of 5 BACKGROUND: The existing development is a 9,000 square foot lot that contains a three-story building with offices in the basement, commercial on the first floor, and residential units on the upper floors. There is also a large carved out subgrade space that accesses the offices. Built in 1950, this building is not historically significant, but is located within the Commercial Core Historic District. The property is also located within the Courthouse view plane review area, however the zone district limits height to 28’, which is below the height of the view plane (approximately 31’-37’). HPC was asked to conduct Conceptual design review of a project that involves demolishing non- historic construction on the site and new construction. The Historic Preservation Commission (HPC) approved the proposal by a vote of 6-1. The approved drawings are attached, along with the HPC resolution and draft minutes. DISCUSSION: Demolition, Conceptual Major Development & Commercial Design: The proposal is to demolish the existing building and construct a new two-story commercial space. HPC approved demolition, finding that the existing building has no historic significance. Two options for the two-story element at the middle of the proposed building were presented to HPC. Option A includes a setback from the property line and Option B has the two-story element at the property line with a recessed entry. Please refer to the drawings on the next page. P163 X.a Staff Memo - 517 E. Hyman Call-up Page 3 of 5 Option A: Two story element set back Option B: Two story element at property line Staff recommended in favor of Option B, as it more closely meets Guideline 6.18, from the “Commercial, Lodging and Historic District Design Objectives and Guidelines”. Additionally, the guidelines state that setbacks should reinforce the objective of maintaining and enhancing the special urban and traditional character of the strong urban edge of the street façade. 6.18 Maintain the alignment of facades at the sidewalk’s edge. • Place as much of the façade of the building at the property line as possible. • Locating an entire building front behind the established storefront line is inappropriate. • A minimum of 70% of the front façade shall be at the property line. P164 X.a Staff Memo - 517 E. Hyman Call-up Page 4 of 5 Most of the commissioners were supportive of Option A, mentioning that the undulating façade provides a better connection and fits better with the mix on the street and surrounding context, particularly the Connor Cabins and Kenichi building (see image below). It was also mentioned that Option A breaks up the façade and massing of the proposed building more than Option B. The design objectives for the Commercial Core support this by promoting creative, contemporary design that respects the historic context and a variety in the street level experience. One objectives states that “architectural form should recognize existing scale and diversity and build upon established design traditions”. A few commissioners discussed if there was a middle ground between the two design options. HPC ultimately decided in favor of Option A. The Code states that the application shall comply with the guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. HPC determined that the proposed project met all other applicable guidelines. The proposed project is also in conformance will all dimensional requirements of the Commercial Core zone district. Public Amenity: The current development contains approximately 5.5% of the lot that qualifies as public amenity. The project must provide a minimum of 10% of the lot (900 sf) as public amenity, either through on-site, off-site, cash-in-lieu payment, or a combination. On-site public amenity is required to meet a certain set of design criteria including open to view, open to the sky, and within a certain height above or below the street level. The Design Guidelines also describe desirable characteristics of on- site amenity space. The Commercial Core has a strong and relatively consistent street façade line. However, there are some departures from this where small areas of open space provide relief. Public amenity space along the primary street frontage should be an accent within, and exception to, an otherwise well- defined street façade. SUBJECT PROPERTY CONNOR CABINS KENICHI BUILDING P165 X.a Staff Memo - 517 E. Hyman Call-up Page 5 of 5 The proposed project includes approximately 285 sf of public amenity space including benches and planters in the northeast corner of the property. HPC accepted the proposed amenity at ground level as it meets the design criteria and serves as an accent within the established street façade of the rest of the building. The two second floor decks were also proposed as public amenity. HPC did not accept the second floor space as public amenity, due to lack of exterior public access and the desire to see public amenity space at street level. HPC also accepted a cash-in-lieu payment for the remaining required provision of public amenity. HPC determined this was acceptable for this property, due to the location on the south side of the street creating a less than desirable space with limited solar and view access. Additional on-site requirement would also require pushing more of the building façade further from the street, which would further diminish the presence of a consistent street façade and contradict the Guidelines. RECOMMENDATION: Staff recommends that Council uphold HPC Resolution #31, Series of 2015, granting Demolition, Conceptual Major Development, and Conceptual Commercial Design, Demolition for 517 E. Hopkins Ave. HPC approved the project by a vote of 6-1. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): “I move to uphold HPC Resolution #31, Series of 2015.” CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Conceptual Design Exhibit B: HPC minutes from December 9, 2015 Exhibit C: HPC Resolution #31, Series of 2015 P166 X.a FI N . F L O O R 0' - 0 " SE C O N D F L O O R 16 ' - 0 " UP P E R P A R A P E T 28 ' - 0 " PA R A P E T 27 ' - 0 " EX I S T I N G BU I L D I N G (N . I . C . ) EX I S T I N G BU I L D I N G BE Y O N D (N . I . C . ) B. O . L I N T E L 11 ' - 1 1 3 / 4 " B. O . L I N T E L 1 12 ' - 8 " RO O F 26 ' - 6 " T. O . R A I L I N G 19 ' - 6 " 1 1 1 2 3 4 5 6 7 7 8 9 12 5 10 10 10 5 13 5 5 5 2 14 14 15 16 17 T/ O E L E V A T O R SH A F T 31 ' - 0 " 15 SE C O N D F L O O R 16 ' - 0 " UP P E R P A R A P E T 28 ' - 0 " PA R A P E T 27 ' - 0 " B. O . L I N T E L 11 ' - 1 1 3 / 4 " T. O . R A I L I N G 19 ' - 6 " 54 10 10 11 FI N . F L R . S P A C E ' A ' 0' - 8 3 1 / 3 2 " 15 18 T/ O E L E V A T O R SH A F T 31 ' - 0 " 15 17 17 TR A S H E N C L O S U R E TR A N S 1 AD J A C E N T B U I L D I N G ME C H A N I C A L S C R E E N I N G D R A W I N G T I T L E : S C A L E : D R A W N B Y : D A T E : R E V I E W E D : P R O J E C T N O . : L O C A T I O N N O . : A L L D R A W I N G S A N D W R I T T E N M A T E R I A L H E R E I N C O N S T I T U T E T H E O R I G I N A L A N D U N P U N L I S H E D W O R K O F T H E A R C H I T E C T , A N D T H E S A M E M A Y N O T B E D U P L I C A T E D , U S E D O R D I S C L O S E D W I T H O U T T H E W R I T T E N C O N S E N T O F T H E A R C H I T E C T . C O P Y R I G H T : C A M B U R A S & T H E O D O R E , L T D . R A 8 / 1 8 / 1 5 T T A S P E N , C O A- 2 1 1 P R O P O S E D E X T E R I O R E L E V A T I O N S 1 4 - 4 4 0 0 7 1 4 - 4 4 0 0 7 5 1 7 E A S T H O P K I N S A V E . 3 / 1 6 " = 1 ' - 0 " 1 NO R T H E L E V A T I O N 3 / 1 6 " = 1 ' - 0 " 2 EA S T E L E V A T I O N RE F E R E N C E D K E Y E D N O T E S NU M B E R K E Y N O T E 1 P E T E R S E N B R I C K , K O L U M B A S E R I E S , K 4 . 2 H O R I Z O N T A L W O O D P L A N K S , F I N I S H ( T B D ) 3 P R E F I N I S H E D B R A K E M E T A L . 4 C O N T I N U O U S S T E E L R A I L I N G , P A I N T E D . 5 C L E A R L O W - E I N S U L A T I N G G L A S S W I T H A L U M I N U M ST O R E F R O N T F R A M I N G . 6 P R E F I N I S H E D M E T A L O V E R H A N G . 7 E X P O S E D S T E E L C O L U M N , P A I N T E D . 8 C L E A R L O W - E I N S U L A T I N G GL A S S W I T H AL U M I N U M C U R T A I N WA L L , E Q U A L L Y S P A C E D P A N E S . 9 S T E E L B E A M W R A P P E D I N P R E F I N I S H E D B R A K E M E T A L , FI N I S H T O M A T C H S T O R E F R O N T . 10 S T E E L M E M B E R , P A I N T E D . 11 G L A Z I N G I N A L U M I N U M S T O R E F R O N T . 12 P R E F I N I S H E D M E T A L C O P I N G . 13 R O O F L I N E 14 A R C H I T E C T U R A L C A S T S T O N E . 15 B O A R D F O R M E D C O N C R E T E F I N I S H . 16 B U T T - G L A Z E D S T O R E F R O N T S Y S T E M . 17 P R E F I N I S H E D M E T A L C O V E R E D E N T R Y . 18 8 " C M U . P A I N T E D W H E R E E X P O S E D . R E V I S I O N S N O . D A T E B Y D E S C R I P T I O N 1 1 1 - 1 8 - 1 5 R A I S S U E D T O L A N D P L A N N E R E X H I B I T A P 1 6 7 X . a FI N . F L O O R 0' - 0 " SE C O N D F L O O R 16 ' - 0 " UP P E R P A R A P E T 28 ' - 0 " PA R A P E T 27 ' - 0 " B. O . A L L E Y L I N T E L 12 ' - 8 " T/ O E L E V A T O R SH A F T 31 ' - 0 " 1 TR A S H EN C L O S U R E TR A N S F O R M E R TR A S H E N C L O S U R E RO O F ME C H A N I C A L S C R E E N I N G NE I G H B O R I N G TR A N S F O R M E R SE C O N D F L O O R 16 ' - 0 " UP P E R P A R A P E T 28 ' - 0 " PA R A P E T 27 ' - 0 " 1 2 2 3 4 EN T I R E E L E V A T I O N A B U T S A D J A C E N T B U I L D I N G OU T L I N E O F A D J A C E N T B U I L D I N G ME C H A N I C A L S C R E E N I N G D R A W I N G T I T L E : S C A L E : D R A W N B Y : D A T E : R E V I E W E D : P R O J E C T N O . : L O C A T I O N N O . : A L L D R A W I N G S A N D W R I T T E N M A T E R I A L H E R E I N C O N S T I T U T E T H E O R I G I N A L A N D U N P U N L I S H E D W O R K O F T H E A R C H I T E C T , A N D T H E S A M E M A Y N O T B E D U P L I C A T E D , U S E D O R D I S C L O S E D W I T H O U T T H E W R I T T E N C O N S E N T O F T H E A R C H I T E C T . C O P Y R I G H T : C A M B U R A S & T H E O D O R E , L T D . R A 8 / 1 8 / 1 5 T T A S P E N , C O A- 2 1 2 P R O P O S E D E X T E R I O R E L E V A T I O N S 1 4 - 4 4 0 0 7 1 4 - 4 4 0 0 7 5 1 7 E A S T H O P K I N S A V E . 3 / 1 6 " = 1 ' - 0 " 1 So u t h 3 / 1 6 " = 1 ' - 0 " 2 We s t RE F E R E N C E D K E Y E D N O T E S NU M B E R K E Y N O T E 1 8 " C M U . P A I N T E D W H E R E E X P O S E D . 2 P R E F I N I S H E D M E T A L C O P I N G . 3 B O A R D F O R M E D C O N C R E T E F I N I S H . 4 C L E A R L O W - E I N S U L A T I N G G L A S S W I T H A L U M I N U M ST O R E F R O N T F R A M I N G . R E V I S I O N S N O . D A T E B Y D E S C R I P T I O N 1 1 1 - 1 8 - 1 5 R A I S S U E D T O L A N D P L A N N E R P 1 6 8 X . a UP DNDN UP UPUP T A D J A C E N T B U I L D I N G ( N . I . C . ) PR O P E R T Y LI N E 3 ' - 7 7 / 8 " PR O P E R T Y LI N E A D J A C E N T B U I L D I N G ( N . I . C . ) A D J A C E N T B U I L D I N G ( N . I . C . ) 2 ' - 1 0 " 23 ' - 1 0 " 24 ' - 1 0 " 23 ' - 7 1 / 2 " 18 ' - 0 " RE T A I L S P A C E ' A ' 21 5 RE T A I L S P A C E ' B ' 21 6 RE T A I L S P A C E ' C ' 10 2 LO B B Y 21 4 ST A I R # 1 21 2 EL E V . 21 1 ST A I R # 2 21 3 CO V E R E D TR A S H A R E A 21 8 S F 90 ' - 3 1 / 2 " 1 3 ' - 8 " 6 1 ' - 1 0 " 1 4 ' - 6 " 72 ' - 7 " 17 ' - 8 1 / 2 " 24 ' - 2 " 24 ' - 1 " 23 ' - 1 0 1 / 2 " 7' - 8 1 / 2 " 9 2 ' - 1 1 1 / 2 " 8 5 ' - 1 0 " 9 5 ' - 3 1 / 2 " AI R C U R T A I N BY T E N A N T AI R C U R T A I N BY T E N A N T AI R C U R T A I N BY T E N A N T RE S T R O O M CO N S T R U C T I O N BY T E N A N T (A P P R O X . ) RE S T R O O M CO N S T R U C T I O N BY T E N A N T (A P P R O X . ) RE S T R O O M CO N S T R U C T I O N BY T E N A N T (A P P R O X . ) O P E N T O S K Y 1 0 ' - 0 " OP E N T O S K Y 10 ' - 0 " 5 ' - 0 " 24 ' - 7 " 47 ' - 1 1 " 9' - 1 1 1 / 2 " BU I L D I N G OV E R H A N G BU I L D I N G OV E R H A N G OP E N I N G 8' - 0 " 4' - 0 " 4 ' - 0 " 7' - 0 " 2 ' - 2 " CO R R I D O R 21 5 5 ' - 2 1 / 2 " 9 ' - 3 " 9 ' - 3 " 7' - 0 " 8 . 3 % R A M P U P 1 8 ' - 6 " 6 ' - 5 1 / 2 " 6 ' - 5 " 8 . 3 % R A M P U P 8 . 3 % R A M P U P 3' - 9 " 8 . 3 % R A M P U P 8 . 3 % R A M P U P 2 6 ' - 0 " T 2 ' - 1 1 / 2 " 5 ' - 1 0 " 8 ' - 4 1 / 2 " UT I L I T Y M E T E R LO C A T I O N , T Y P . BO L L A R D PR O T E C T I O N , T Y P . TE N A N T S P A C E ' F ' L1 0 0 34 ' - 3 " 35 ' - 1 0 1 / 8 " 9' - 7 1 / 4 " 10 ' - 5 1 / 8 " 34 ' - 3 " 35 ' - 1 0 " 5' - 6 " 14 ' - 6 1 / 2 " 90 ' - 3 1 / 2 " 1 0 0 ' - 0 " TE N A N T S P A C E ' D ' 21 9 TE N A N T S P A C E ' E ' 22 0 TE N A N T S P A C E ' G ' 22 1 CO R R I D O R 22 2 WO M E N ' S 21 7 EL E V . L1 0 2 ST A I R # 2 L1 0 3 ST A I R # 1 L1 0 1 34 ' - 3 " 35 ' - 1 0 " 4 5 ' - 3 1 / 2 " 9 ' - 5 " 4 5 ' - 3 1 / 2 " 1 1 ' - 4 " 1 3 ' - 6 " 5 1 ' - 2 " 2 4 ' - 0 " 86 ' - 9 1 / 2 " 9 6 ' - 8 " ME N ' S 21 8 ME C H A N I C A L 21 9 4 8 ' - 0 1 / 2 " 4 8 ' - 0 1 / 2 " 18 ' - 0 1 / 2 " 9 ' - 1 " 1 3 ' - 2 1 / 2 " D R A W I N G T I T L E : S C A L E : D R A W N B Y : D A T E : R E V I E W E D : P R O J E C T N O . : L O C A T I O N N O . : A L L D R A W I N G S A N D W R I T T E N M A T E R I A L H E R E I N C O N S T I T U T E T H E O R I G I N A L A N D U N P U N L I S H E D W O R K O F T H E A R C H I T E C T , A N D T H E S A M E M A Y N O T B E D U P L I C A T E D , U S E D O R D I S C L O S E D W I T H O U T T H E W R I T T E N C O N S E N T O F T H E A R C H I T E C T . C O P Y R I G H T : C A M B U R A S & T H E O D O R E , L T D . R A 8 / 1 8 / 1 5 T T A S P E N , C O A- 1 0 0 P R O P O S E D F L O O R P L A N S 1 4 - 4 4 0 0 7 1 4 - 4 4 0 0 7 5 1 7 E A S T H O P K I N S A V E . 1 / 8 " = 1 ' - 0 " 2 MA I N L E V E L - F L O O R P L A N 1 / 8 " = 1 ' - 0 " 1 LO W E R L E V E L - F L O O R P L A N N N R E V I S I O N S N O . D A T E B Y D E S C R I P T I O N 1 1 2 - 2 - 1 5 R A I S S U E D T O L A N D P L A N N E R P 1 6 9 X . a DNDN RD OR D RD OR D RD OR D RD OR D OU T D O O R DE C K 22 ' - 1 1 1 / 2 " SE C O N D F L O O R TE N A N T S P A C E 20 0 7 6 ' - 4 " 2 3 ' - 8 " 24 ' - 3 " 23 ' - 1 0 1 / 2 " 25 ' - 1 " 6' - 1 " ST A I R # 1 20 2 EL E V . 20 3 ST A I R # 2 20 4 8 ' - 2 " 21 ' - 9 1 / 2 " 1 4 ' - 6 1 / 2 " 17 ' - 1 0 1 / 2 " 24 ' - 7 " 55 ' - 7 1 / 2 " 10 ' - 0 " 7 4 ' - 5 1 / 2 " 78 ' - 6 " 10 ' - 2 1 / 2 " ME N ' S 20 5 WO M E N ' S 20 6 5 ' - 0 " 5 ' - 0 " 1 0 ' - 0 " 1 8 ' - 5 " RO O F AC C E S S OU T D O O R DE C K A- 2 1 1 2 A- 2 1 2 A- 2 1 2 A- 2 1 1 1 2 1 S L O P E SL O P E SL O P E SL O P E SL O P E S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E S L O P E SL O P E SL O P E S L O P E S L O P E SL O P E SL O P E SC U P P E R AW N I N G BE L O W AW N I N G BE L O W ME C H A N I C A L EQ U I P M E N T A R E A RO O F AC C E S S ME C H A N I C A L SC R E E N I N G 19 ' - 3 " 50 ' - 0 " 19 ' - 3 " 1 5 ' - 0 " 1 4 ' - 0 " DE C K BE L O W DE C K BE L O W D R A W I N G T I T L E : S C A L E : D R A W N B Y : D A T E : R E V I E W E D : P R O J E C T N O . : L O C A T I O N N O . : A L L D R A W I N G S A N D W R I T T E N M A T E R I A L H E R E I N C O N S T I T U T E T H E O R I G I N A L A N D U N P U N L I S H E D W O R K O F T H E A R C H I T E C T , A N D T H E S A M E M A Y N O T B E D U P L I C A T E D , U S E D O R D I S C L O S E D W I T H O U T T H E W R I T T E N C O N S E N T O F T H E A R C H I T E C T . C O P Y R I G H T : C A M B U R A S & T H E O D O R E , L T D . R A 8 / 1 8 / 1 5 T T A S P E N , C O A- 1 0 1 P R O P O S E D F L O O R P L A N A N D R O O F P L A N 1 4 - 4 4 0 0 7 1 4 - 4 4 0 0 7 5 1 7 E A S T H O P K I N S A V E . 1 / 8 " = 1 ' - 0 " 1 SE C O N D L E V E L - F L O O R P L A N N N 1 / 8 " = 1 ' - 0 " 2 RO O F P L A N R E V I S I O N S N O . D A T E B Y D E S C R I P T I O N 1 1 1 - 1 8 - 1 5 R A I S S U E D T O L A N D P L A N N E R P 1 7 0 X . a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 MOTION: Patrick moved to continue 124 W. Hallam conceptual development to February 10; second by Gretchen. Michael suggested giving the applicant clear direction. Sallie also said if we required a model our discussions would go a lot easier. Bob said you don't see the new addition on the back from the streetscape or very little of it. A lot of it is on the alley. A pitched roof would not work and I am very positive about this project. There will also be something on the west side of the lot. John said we owe the applicant some direction as to what needs changed. Willis said a block elevation of the alley would is advised and photo sides of the alley. Patrick suggested the applicant listen to staffs recommendation. Roll call vote: Gretchen, yes; Patrick, yes; Willis, yes; Bob, yes; Nora, yes Sallie, no; John, no. Motion carried 5-2. 517 E. Hopkins Ave. -Conceptual Design Review and Demolition Proof of publication -Exhibit I Justin Barker, Senior Planner Justin said the proposed project is to demolish the existing building and replace it with a two story commercial building with a basement. This building is not a designated building but is located within the commercial core historic district. HPC is being asked to review conceptual design, conceptual commercial design review as well as the demolition for the existing building. All other reviews will be combined with the final review. Staff is in support of the demolition. There is currently no parking provided onsite and the applicant has the right to maintain this deficit and will only have to provide for the increase of net leasable which they are going to do through cash-in-lieu. The project is also required to provide a minimum of 10% of public amenity space of the lot which equates to about 900 square feet and it is a 9,000 square foot lot. There is currently 500 square feet of space that qualified as public amenity which is essentially the walkway that 8 EXHIBIT B P171 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 leads between the street and the alley. The proposed building has a setback area in the northeast comer which is about 285 square feet which the applicant has represented as public amenity space and they are also proposing the use of the upper level decks as public amenity space. Staff is in support of the northeast comer but not for the second story portions. Staff recommends that the remaining be cash-in-lieu payment. There are two design options. Both options have 4 modules to the design on the street level. There are three commercial areas and one is the entrance area for the circulation of the building. The entrance area is set back about 14 feet from the property line. Option A which has the center space set back from the property line includes a bridge cat walk between the other two commercial spaces to connect to the roof deck areas. Option B is what is presented after the applicant met with staff which pulls the center commercial area forward so that the three commercials are located at the property line. Option B is in line with the guidelines which bring the building fronts as close to the property line and sidewalk as possible. It helps create a stronger street fa9ade which is what the guidelines request. It also displays a strong height variation which is requested by the guidelines for properties that are over 6,000 square feet. Both designs conform to the zone district. The maximum height is 28 feet and they are at 28 feet. The only portion that extends over that is the elevator overrun which is permitted by right in the code. The proposed development is below what the view plane is and is not subject to view plane review. Staff recommends approval of option B. Mark Hunt, owner Mitch Haas, Haas Planning Mark said the City came to us and asked us to explore putting in some office space and that is why the aspen leaf is on the building. The City decided to go elsewhere. The leaf is a signage place holder. The space to the east is designed to be a shared office environment where there would be short and long term offices with a social environment to that. There is also a health and fitness area as part of the project. We will be using steel and glass partitions to keep it light and airy. The ground floor has a lobby with a large corridor where local artists can hang their work. There are exterior decks above the retail. There will also be benches and landscaping outside. It is one building but we are delineating with the different heights and different facades. There is 285 square feet on the ground that is calculated for public amenity. There will probably be another 750 to 900 square feet provided in the right-of-way. We are only counting the 285 sq.ft. and will pay the cash- 9 P172 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 in-lieu for the balance. On exhibit A the ins and outs of the fac;ade are consistent with the block and the color is softer. Adding the wood makes a difference and it works well with the brick and stone as proposed and it engages the street. Mitch said the building itself is set back off the street. The public amenity today is essentially the walkway that leads to a transformer and then to the alley. The walkway is on the northeast side of the property. We can do the balance of the public amenity 903 square feet with cash-in-lieu even though the code says it can be taken in the form of physical or operational improvements to public rights-of-ways or private property in commercial areas. Why we shouldn't get credit for improving the street scape putting in benches, trees and a detached sidewalk I don't understand. The view plane height ranges between 30.6 feet at the front of the property and 34.4 at the front and at the back of the property between 36 and 41 feet high. We fall below the view plan and the elevator run is also below the view plane. The existing building is 10 to 12 feet taller than the proposed. The second floor space on the north east will be broken up into pods or cubicles. There are also three broken retail frontages that face the street. Option B would be all brick punched openings on the second floor. Staff is recommending approval of option B. The existing building fails to meet the guidelines with the sunken courtyard. Dwayne Romero, represented the applicant The proposed structure is stepping back out of a pre-existing encroachment into the view plane that runs to the benefit of the court house. The mass and scale of the proposal is completely in line with the concept of small downtown character. The proposal has an active lifestyle health and fitness thread and a community social gathering space tied to it. It is a great program for our community needs and the shared office model is also included that rounds out the program. Mark said the four studio units on the third floor will be replaced 100 percent off site. The second floor is not laid out for retail use. Mitch said the zoning has changed and we cannot have a third floor. Justin said the housing credits will be addressed with the growth management review in the future. They will either build units or buy credits. 10 P173 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 John asked staff why they do not like the connecting deck etc. Justin said the design holds the property line and establishes the street wall that is in the guidelines. Mark said option A looks like individual buildings and B is more of the same material. Bob said plan A provides more space on the second floor and has more glass which makes the space lighter and airy. Bob commended the applicant for putting that kind of space in our community and it is needed and successful. Chairperson, Willis Pember opened the public hearing. There were no public comments. The public comment portion of the agenda item was closed. Mitch summarized and said in terms of height, scale and mass we have kept things to the 28 foot height limit. We have broken up the fa9ade into modules to give a rhythm to the property. We have heard in other reviews that breaking up the frontage so that it looks like separate development is recommended. Willis identified the issues: Public amenity Demolition Cash-in-lieu View plane Mass and scale Community character Willis said this is an excellent presentation and the applicant gave a convincing case for demolition. What was lacking in the presentation was the street elevation showing the former Gap building and the Kenichi building. Option A has a better connection and fits with the mix on the street and the context. As Bob said the glass is a functionally good thing for an open office plan. Willis said he tends to supports staffs recommendation for approval. 11 P174 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 Michael said he supports the demolition and option B. Exhibit A presents messy facades going in and out and the punched windows are appropriate. Regarding the public amenity and because of the location on the south side of the street and the fact that there isn't a real way of providing it I can grant it for the small opening in the entry and paying cash-in-lieu for the balance. The second level doesn't meet the criteria for public amenity. Patrick said they have done a good job with no variances requested. Having the breakup in option A is preferred. On Hopkins everything historically is pulled back. Regarding public amenity cash-in-lieu has not been beneficial to the community as much as putting physical space on the site. If the public amenity is on the ground floor it works. In general the project works and the concept is great and hopefully it will go through. Willis said the outdoor amenity space represented on the second module is not open to the sky so it doesn't count for public amenity. Gretchen said she is totally in favor of tearing this building down. Option A is appropriate. The fact that the decks above are connected is a good feature and it feels very community friendly. The breakdown of the building is totally successful. The only concern is the streetscape and the walkway which will be missed. There will be a narrow very small walkway to the very large fa9ade. There should have been more discussion about the comer and the integration of the building. Mark said the building is 14 Yi feet back from the street. Gretchen commented that the board should know what is going on next to the proposed building and see it in plan. The comer is harsh. When applications come before us we need to see a streetscape. Regarding affordable housing it is a mistake to take any affordable housing away when it could be kept there. Continually moving employee housing out of the core is a huge mistake. The different materials and the way it steps in and out and the details are all great. John said he is in complete agreement with Option A and it is messy vitality and the look of the proposal. When it comes to the public amenity you are reinstating a nice detached sidewalk with benches and in the past portions of what applicants have done were calculated in the public amenity. You should get credit for doing the detached sidewalk and benches because it 12 P175 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 9, 2015 improves the streetscape. The pedestrian sidewalk experience by the old Gap building is one of the best in town. By doing the detached sidewalk you are doing a service to the community. The undulation proposed will do good for the Saturday market. Nora said she also agrees that street scape diagrams should be provided on all applications. Even when you know the street well it is different when you see a new building on it. Philosophically public amenity space should be on the street. Nora said she prefers option B. Option Bis much quieter and unified. There are too many materials. Sallie said she is OK with the conditions. Sallie said she would prefer A to look a little more like B, (A Vi.) The Theory building next door is one material and not chaotic. I would stand behind that building any day. B feels like a side street. Option A brings in a lot of glass and it doesn't feel cold. Bob said functionally with the glass A is better. A has a little too many variables. Maybe there can be a middle ground between A & B. The relief of A is good. The fenestration can be dealt with at final. Michael pointed out that the second floor fenestration of all glass will probably not meet the design guidelines for final. A shows a better distinction between the two story element and the one story element of the fa9ade. B looks like it is ready to go to final. Option A might not be what you end up with. Motion: John moved to approve resolution #31, 2015 as written with a minor amendment that option A is conceptually approved and everything else will be addressed at final. Motion second by Willis. Roll call vote: Patrick, yes; Gretchen, yes; John, yes; Bob, yes; Nora, no, Sallie, yes, Willis, yes; Motion carried 6-1. MOTION: Willis moved to adjourn; second by Bob. All in favor, motion carried. Meeting adjourned at 8:45 p.m. Kathleen J. Strickland, Chief Deputy Cler 13 P176 X.a ·w:,··., _) RECEPTION#: 625749, 12/21/2015 at10:34:24 AM, __ · I 1 OF 7, R $41.00 Doc Code RESOLUTIONJanice K. Vos Caudill, Pitkin County, co RESOLUTION NO. 31; (SERIES OF 2015) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING CONCEPTUAL COMMERCIAL DESIGN REVIEW APPROVAL, MAJOR DEVELOPMENT CONCEPTUAL APPROVAL AND DEMOLTION APPROVAL FOR 517 E HOPKINS A VENUE, LOTS D, E, AND F, BLOCK 94, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-40-003 WHEREAS, the Community Development Department received an application from 517 E.Hopkins LLC (Applicant), represented by Mitch Haas of Haas Land Planning for the following land use review approvals: •Commercial Design Review, pursuant to Land Use Code Section 26.412; •Major Development Conceptual Review, pursuant to Land Use Code Section 26.415; •Demolition Review, pursuant to Land Use Code Section 26.415, and; WHEREAS, all code citation references are to the qty _of Aspen Land Use Code in effect on the day of initial application -September 21, 2015, as applicable to this Project; and, WHEREAS, the application represents that the proposed building does not infringe into any protected Mountain View Planes pursuant to Land Use Code Section 26.435.050; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, and Parks Department, as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Asp.en Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and . Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by the Historic Preservation Commission _ at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on December 9, 2015, during which the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission; and, WHEREAS, during a duly noticed public hearing on December 9, 2015, the Historic Preservation Commission approved Resolution 31, Series of 2015, by a six to one (6 -1) vote Historic Preservation Commission Reso No.31, Series 2015 Page I of3 EXHIBIT C P177 X.a granting conceptual approvals and demolition approval, with the recommended conditions of approval listed hereinafter. \, NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants -Major Development Conceptual approval, ·Conceptual Commercial Design approval, and Demolition approval subject to the recommended conditions of approval as listed herein. Option A is conceptually approved. Section 2: Subsequent Reviews Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to obtain Final Commercial Design Review, Final Major Development Review, Growth Management Review. 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 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 3: Public Amenity The project has a 10% public amenity requirement. · A portion of the required public amenity will be provided onsite, located in front of the entrance to the upper and lower levels. The remaining public amenity requirement will be mitigated through cash-in-lieu. Section 4: ACSD A potential location for a grease trap ( sub grade) shall be included in the building permit application to allow flexibility for future conversion of the commercial/retail spaces to restaurant. Section 5: Demolition Demolition is granted pursuant to Land Use Code Section 26.415.080. Section 6: 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 and the Historic Preservation Commission are hereby incorporated in such plan development approvals Jnd the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Historic Preservation Commission Reso No.31, Series 2015 Page 2 of3 P178 X.a Section 7: 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 8: 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. FINALLY, adopted, passed and approved this 9th day of December, 2015. ·Approved as to form: Attest: Attachments: Exhibit A: Conceptually approved elevations and floor plans Historic Preservation Commission Reso No.31, Series 2015 Page 3 of3 P179 X.a TIO ELEVATOR 0--w:-o--S.!::!8.El_ - - - - - - � �:�ii-R_PARAPET _____ _ � .. � .. ----1 r: ... :::;c:,�:�L v -' SECONQ.FLOOR ·L .. ; .. 16' O" --.·--- �NIEL_ r . �-. 11·-,1314· -1-�-;:� I exi�;imi- 1 -����; :\N.I.C.) � ��:L®L_ -1 1,·. @, 11 u� NORTH ELEVATION 3116"=1'-0" --2� _ __!&,�� _llQ. IJ.���: e� � TIO ELEVATOR -- -- - --;�.�F� � = :::: � UPPER PARAPET � 28'-0" L___��RAeE_l � -----_LQ.��� � _____ SECONO_F��� S -----4?':L����� � I/ // ,'/ ,,, l''�";-.,}:'jg;,�,;�::\iJ -£IN.i:LR0�:;,7;�: {9 2 EASTELEVATION 3116"•1'-0" REFERENCED KEYED NOTES gl "' ill �i ii !I rn ·re __. o � 8 ; I � �' "a u=; IE1 I � I• � I� I� I�· II A-211 P 1 8 0 X . a PROPOSED EXTERIOR B.EVATIONS t ...a,1 =�----1 517 EAST HOPKINS·AVE. 1-'--+-'="+"'+--�"�W�,0�,0�=�0�==��'--, l\)•==---1 ASPEN.CO P181 X.a I � � � PROPOSED FLOOR PlNIS ,! �1"" � �! �i ·tl±tfh f\ls� @i;• i �i ..... o•------• 517 EAST HOPKINS AVE. I-'-+="-+=+-�"='"�"='="="="='"="�-, ASPEN.CO l!Ll ;�-� "�( @I r \ J ._______!3'·2'1'2. � �� " . =� � I�� • �1 • ��� \ P182 X.a PROPOSED FLOOR PLAN NfJ ROOf PLAN :f> •��----l'AOJl;CTNO. 14"""4007 LOCATKlNJ'<O.· ...... o•=---- ....a.•==�---517 EAST HOPKINS AVE. 1--'---+-'="+'"+-�'=="='0=�=0�==��'--t ASPEN.CO I I s !@ I I P183 X.a MEMORANDUM TO: Mayor Skadron and City Council THRU: Jennifer Phelan, Acting Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: Adoption of “City of Aspen Historic Preservation Design Guidelines,” Resolution #8, Series of 2016 DATE: February 8, 2016 ______________________________________________________________________________ SUMMARY: HPC’s current design guidelines were adopted in 2000. Amendments were initiated in 2004 and in 2010, but not completed due to budget constraints and intervening projects which sidetracked the work. Over the last several months, Staff and HPC revisited the progress made previously and incorporated it into a new proposed update. HPC reviewed drafts and provided revisions to staff at four public meetings before endorsing the final draft on January 13, 2016. During the development of this draft, staff visited with six architecture and landscape design firms in Aspen to take their input, and held two focus group meetings; one with additional design professionals and one geared to the general public. Suggestions that came out of these meetings were reported to HPC and included in the document. Staff also ran an advertisement in the newspaper noting that the final draft of the guidelines were available for review, and the draft has been posted on the City website for the last month. No additional feedback was received as a result of that outreach. HPC’s powers and duties, as established in the Aspen Municipal Code, include developing design guidelines and recommending them for Council adoption. Council adoption is required because the guidelines are used as the basis of all findings and decisions by the HPC. The purpose of amending the guidelines is to incorporate knowledge that has been gained from 15 years of using the original document. HPC worked to clarify design policies, to provide better illustrations, and to simplify and abbreviate the text where possible. The changes are too comprehensive to provide a red-lined version indicating all new and removed language, although the majority of the previous guidelines still appear in this final draft. Some guidelines which were advisory, such as guidelines regarding paint color- a topic not in HPC’s authority, have been removed. The existing guidelines contain information about building maintenance which is already covered more appropriately in the historic preservation contractor training manual, so that information is removed from the new guidelines. While the guidelines do contain some information that is applicable to commercial and civic development in Aspen, those topics are primarily addressed in the “Commercial, Lodging and P184 X.b Historic District Design Objectives and Guidelines.” The City has issued an RFP to update that document in 2016. Council involvement and adoption of the final product will be needed. The Historic Preservation Guidelines currently proposed for Council adoption contain an Introduction, a Historic Overview of Aspen, and twelve chapters of guidelines. Chapter 1 relates to site planning and landscapes. Chapters 2 through 8 address proper treatment for historic building materials and features, as well as secondary structures, such as barns and sheds. Chapters 9 through 11 establish direction for alterations, additions, and new construction on a lot containing historic resources. Chapter 12 includes numerous topics related to accessibility, mechanical equipment, lights and signs. The Aspen Historic Preservation Program was created over forty years ago. The program has had many successes because property owners often have the resources to complete high quality restoration work and the City provides generous incentives in order to partner with property owners in the stewardship of the town’s historic resources. The program has always struggled, however, with the size of proposed additions and the overall extent of changes that are often proposed for historic properties. In staff’s opinion, the new guidelines take another step forward by giving the Commission, and applicants, a better understanding of appropriate work. There are several new, more restrictive ideas incorporated in the guidelines. For instance, the new guidelines indicate that no addition directly attached to a historic resource can more than double it in size. Additions directly behind a historic resource on a corner lot would be limited to one story in height, unless the new development was completely detached. Applicants are given several options for successfully meeting these goals, since every property is unique. An example guideline is: 10.4 The historic resource is to be the focus of the property, the entry point, and the predominant structure as viewed from the street. • The historic resource must be visually dominant on the site and must be distinguishable against the addition. • The total above grade floor area of an addition may be no more than 100% of the above grade floor area of the original historic resource. All other above grade development must be completely detached. HPC may consider exceptions to this policy if two or more of the following are met: o The proposed addition is all one story o The footprint of the new addition is closely related to the footprint of the historic resource and the proposed design is particularly sensitive to the scale and proportions of the historic resource o The project involves the demolition and replacement of an older addition that is considered to have been particularly detrimental to the historic resource o The interior of the resource is fully utilized, containing the same number of usable floors as existed historically o The project is on a large lot, allowing the addition to have a significant setback from the street o There are no variance requests in the application other than those related to historic conditions that aren’t being changed o The project is proposed as part of a voluntary AspenModern designation, or o The property is affected by non-preservation related site specific constraints such as trees that must be preserved, Environmentally Sensitive Areas review, etc. P185 X.b Another area where HPC has worked to make policy improvements is on the important topic of distinguishing new construction from old. This is a basic tenant of historic preservation, so that all changes to a historic property can be understood as new, not original work. There is a vast spectrum of possible ways to identify new work as new, and a danger of going too far and creating incompatibility. To provide more guidance on this balance, HPC has developed this new text: Staff and HPC believe that the new “City of Aspen Historic Preservation Design Guidelines” are appropriate and a necessary update. HPC voted 7-0 for adoption of this document. ______________________________________________________________________________ ______________________________________________________________________________ PROPOSED MOTION: “I move to approve Resolution #8, Series of 2016, adopting the “City of Aspen Historic Preservation Design Guidelines.” CITY MANAGER COMMENTS: ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Attachments: Resolution #8, Series of 2016 and Exhibit A, proposed design guidelines I. HPC minutes: Sept. 23, Oct. 14, Oct. 28 and Dec. 2, 2015, and Jan. 13, 2016 10.6 Design a new addition to be recognized as a product of its own time. • An addition shall be distinguishable from the historic building and still be visually compatible with historic features. • A change in setbacks of the addition from the historic building, a subtle change in material, or a modern interpretation of a historic style are all techniques that may be considered to help define a change from historic construction to new construction. • Do not reference historic styles that have no basis in Aspen. • Consider these three aspects of an addition; form, materials, and fenestration. An addition must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • Note that on a corner lot, departing from the form of the historic resource may not be allowed. • There is a spectrum of appropriate solutions to distinguishing new from old portions of a development. Some resources of particularly high significance or integrity may not be the right instance for a contrasting addition. P186 X.b II. HPC Resolution #1, Series of 2016 P187 X.b A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING “CITY OF ASPEN HISTORIC PRESERVATION DESIGN GUIDELINES” RESOLUTION #8, SERIES OF 2016 WHEREAS, Aspen Municipal Code Section 26.415.060.B references the “City of Aspen Historic Preservation Design Guidelines” and requires conformance with applicable guidelines for the approval of any proposed work requiring historic preservation review; and WHEREAS, the “City of Aspen Historic Preservation Guidelines” were adopted by City Council in 2000 and have not been amended since that time; and WHEREAS, Aspen Municipal Code Section 26.220.010.E, Powers and Duties of the Historic Preservation Commission (HPC), allows the HPC to recommend Council adoption of new guidelines; and WHEREAS, at their regular meetings on September 23, October 14, October 28, and December 2, 2015, and their regular meeting on January 13, 2016, the HPC discussed proposed new guidelines and provided direction to the Community Development Department. In October 2015, the Community Development Department held eight outreach meetings to seek input on the draft from local design offices and the public. This input was considered by the HPC; and WHEREAS, at their regular meeting on January 13, 2016, the Historic Preservation Commission recommended Council adopt the final draft of the guidelines by a 7 to 0 vote; and WHEREAS, Aspen Municipal Code Section 26.208.010.H, Powers and Duties of the City Council, requires Council adoption of any guidelines that will be used in a guiding or regulatory capacity by the City. NOW, THEREFORE, BE IT RESOLVED: That City Council hereby adopts the “City of Aspen Historic Preservation Guidelines,” attached as Exhibit A. APPROVED by the Aspen City Council at its regular meeting on February 8, 2016. Approved as to form: ______________________ James R. True, City Attorney Attest: Mayor: ______________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor P188 X.b City of Aspen Historic Preservation Design Guidelines P189 X.b P190 X.b Historic Preservation Design Guidelines P191 X.b P192 X.b table of contents introduction historic overview design guidelines: rehabilitation appendix Why Preserve Historic Resources 8 Purpose of the Design Guidelines 10 How to Use the Guidelines 10 Design Review Process 13 Aspen Historic Overview 16 Architectural Styles in Aspen 21 Chapter 2: Building Materials 52 Chapter 3: Windows 55 Chapter 4: Doors 59 Chapter 5: Porches & Balconies 63 Chapter 6: Architectural Details 66 Chapter 7: Roofs 68 Chapter 8: Secondary Structures 73 design guidelines: new construction Chapter 9: Excavation, Building Relocation, & Foundations 76 Chapter 10: Building Additions 79 Chapter 11: New Buildings on Landmarked Properties 85 Secretary of the Interior’s Standards for Historic Preservation 94 design guidelines: general Chapter 12: Accessibility, Architectural Lighting, Mechanical Equipment, Services Areas, & Signage 90 design guidelines: context Chapter 1: Site Planning & Landscape Design 36 P193 X.b P194 X.b I ntroduction P195 X.b 8 • City of Aspen • Historic Preservation Design Guidelines Aspen is a unique community, rich with history, dramatic landscapes, a vibrant economy, and vital cultural scene. Each of these elements contributes to the appeal of the City and enhances its livability. Within this context, the preservation of historic resources is a high priority. This policy is articulated in the Aspen Area Community Plan and in ordinances that address protection of landmarked properties and historic districts. This document provides background on the City’s preservation program and local history and then presents design guidelines that articulate policies for the treatment of locally-designated historic properties and districts. Why Preserve Historic Resources Across the nation, thousands of communities promote historic preservation because doing so contributes to neighborhood livability, variety, and quality of life, minimizes negative impacts on the environment and yields economic rewards. These same reasons apply in Aspen. Preservation of the built environment in Aspen provides a fundamental link to the past. Many of the buildings tell the story of Aspen’s unique historical development. Preserving these resources creates a sense of place for those who live here and provides visitors a connection with this unique heritage. Construction Quality Many of the historic structures in the City are of high quality construction. Other buildings are more modest, but even so may have used lumber from mature trees that were properly seasoned and typically milled to full dimension, which often yields stronger framing. Historic masonry walls were carefully laid, resulting in buildings with considerable stability. Many older structures were thoughtfully detailed and the finishes of materials, including fixtures, wood floors and trim, were of high quality and exemplify hand craftsmanship that is more unusual today. Some AspenModern structures represent early use of building technologies that continue to be favored. Adaptability Owners frequently find that the floor plans of historic buildings easily accommodate modern lifestyles and support a diversity of populations. Many rooms are large, permitting a variety of uses while retaining the overall historic character of the structure. Even historic buildings that are smaller in scale often have lots that can accommodate additions, if needed. Livability and Quality of Life When groups of older buildings occur as a historic district, such as along Main Street or the Commercial Core in Aspen, they create a street scene that is pedestrian friendly, and encourages walking and neighborly interaction. Mature trees and decorative architectural features also contribute to a sense of identity that is unique for each historic neighborhood— an attribute that is rare and difficult to achieve in newer areas of a city. These therefore are desirable places to live and work. Environmental Benefits Preserving a historic structure is sound environmental conservation policy because “recycling” saves energy and reduces the need for producing new construction materials. Three types of energy savings occur: IntroductIon i ntroduction Note: Not every guidelines will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The Aspen Historic Preservation Commission (HPC) must determine that a sufficient number of the relevant guidelines have been adequately met in order to approve a project proposal. It must be emphasized that these are only guidelines and they are not applicable in all cases, and need to be weighed with the practicality of the measure. P196 X.b City of Aspen • Historic Preservation Design Guidelines • 9 • First, energy is not consumed to demolish the existing building and dispose of the resulting debris. • Second, energy is not used to create new building materials, transport them and assemble them on site. • Finally, the embodied energy which was used to create the original building and its components, is preserved. By reusing older buildings, pressure is reduced to harvest new lumber and other materials that may have negative effects on the environment of other locales where these materials are produced. Economic Benefits Historic resources are finite and cannot be replaced, making them precious commodities that many buyers seek. Preservation adds value to private property. Many studies across the nation document that, where local historic districts are established, property values typically rise, or at least are stabilized. In this sense, designation of a historic district appears to protect investment. Property owners within the district know that the time and money they spend on improving their properties will be matched with similar efforts on surrounding lots. Arguably, this applies to Aspen as well. Nationwide studies prove that preservation projects also contribute more to the local economy than do new building programs because each dollar spent on a preservation project has a higher percentage devoted to labor and to the purchase of materials available locally. By contrast, new construction typically has a higher percentage of each dollar spent devoted to materials that are produced outside of the local economy and to special construction skills that may be imported. When money is spent on rehabilitating a building, it has a higher “multiplier effect,” keeping more money circulating in the community. Rehabilitation therefore, provides more jobs for Aspen area residents. Heritage Tourism Preservation minded communities are among the leading tourist destinations. Aspen has an authenticity that visitors appreciate. There are many opportunities to connect with the history of Aspen as a tourist and this contributes to longer stays and repeat visits. Incentives for Preservation While the economic benefits are substantial, special incentives also exist to help offset potential added costs of appropriate rehabilitation procedures. Income tax credits are offered at the state and federal levels for appropriate rehabilitation. Eligible projects also can qualify for the Colorado Historical Society’s State Historical Fund, a substantial opportunity for owners of commercial and significant residential properties. The City also offers financial bonuses which are available for historic landmarks. The Aspen Historic Preservation Commission (HPC) has the ability to award zoning bonuses to historic landmarks. Responsibility of Ownership Ownership of a historic property carries both the benefits described above and a responsibility to respect the historic character of the resource and its setting. While this responsibility does exist, it does not automatically translate into higher construction or maintenance costs. Ultimately, residents and property owners should recognize that historic preservation is a long-range community policy that promotes economic wellbeing and overall viability of the City at large and that they play a vital role in helping to implement that policy through careful stewardship of the area’s historic resources. Levels of Historic Designation in Aspen Local Landmark The City has identified approximately 300 historic resources, including buildings, structures, parks, cemeteries, and bridges as historic landmarks. Because there was a long period of economic depression at the turn of the 20th century, historic development in Aspen generally occurred either in the silver mining era (these resources are termed Aspen Victorian) or around World War II (these resources are termed AspenModern). The local register designation process is established through the police powers of Aspen’s zoning ordinance. Criteria for designation are set forth in city codes and designated properties are subject to protections outlined in the ordinance, including demolition and design review. In general, any exterior alteration to an inventoried property must be reviewed and approved before work can begin. District Designation Currently, the City of Aspen has two locally designated historic districts, the Main Street Historic District, and the Commercial Core Historic District. The districts were created to preserve the character of entire IntroductIon P197 X.b 10 • City of Aspen • Historic Preservation Design Guidelines IntroductIon neighborhoods. In general, any demolition, exterior alteration, or construction on a property within a historic district must be reviewed and approved before work can begin. National Register Listing The National Register of Historic Places is a list of sites and properties of historic significance that is maintained by the Secretary of the Interior. Properties so listed may have national significance, but they may also be listed if they are determined to have significance at a state or local level. The National Register is administered by the National Park Service and nominations are submitted through the State Historic Preservation Officer in Denver, using criteria adopted by the Secretary of the Interior. Properties listed in the National Register may be eligible for federal income tax credit incentives. Designated properties are also protected from federally-funded projects which might harm or alter the historic character. Such federal projects must be reviewed for their potential negative impact. In these cases, alterations are reviewed by the National Park Service. Otherwise, only the standard process for all Aspen landmarks applies. The History Colorado website lists National Register properties by county: historycolorado.org/ oahp/pitkin-county. Purpose of the Design Guidelines These design guidelines are specifically for properties listed on the “Inventory of Historic Sites and Structures,” inside and outside of the historic districts. Additional guidelines for the Main Street and Commercial Core Historic Districts are found in the “Commercial, Lodging, and Historic District Design Objective and Guidelines”, a separate document available on aspenpitkin.com. The design guidelines serve to reinforce the purpose of the Historic Preservation Chapter in the Aspen Land Use Code: • Recognize, protect, and promote the retention and continued utility of the historic buildings and districts in the City. • Promote awareness and appreciation of Aspen’s unique heritage. • Ensure the preservation of Aspen’s character as an historic mining town, early ski resort and cultural center. • Retain the historic, architectural and cultural resource attractions that support tourism and the economic welfare of the community. • Encourage sustainable reuse of historic structures. • Encourage voluntary efforts to increase public information, interaction or access to historic building interiors. The design guidelines provide a basis for making decisions about the appropriate treatment of historic resources and compatible new construction. They also serve as an educational and planning tool for property owners and their design professionals who seek to make improvements that may affect historic resources. How to Use the Guidelines While the design guidelines are written such that they can be used by the layman to plan improvements, property owners are strongly encouraged to enlist the assistance of qualified design and planning professionals, including architects, landscape architects, structural engineers, preservation contractors, and preservation consultants to assure that the work contemplated will help preserve the historic character of the City. Any affected property owner who plans to make changes to the exterior of a building must obtain a Certificate of No Negative Effect or a Certificate of Appropriateness. In order to review each project in a consistent manner, City Preservation Staff and the HPC will use these guidelines as a basis for determining the appropriateness of the work proposed. How Many Guidelines Must Be Met? Note that not every guideline will apply to each project, and that some balancing of the guidelines must occur on a case-by-case basis. City Staff or the HPC will determine that a sufficient number of the relevant guidelines have been adequately met in order to approve a project proposal. What is the Format of a Guideline? The chapters containing design guidelines are organized in a format that provides background information as well as specific regulatory language. Each of these chapters contains the following components: Policy Statement A broad statement explaining the City’s basic approach for the treatment of the design feature being discussed. This statement provides the basis for the P198 X.b City of Aspen • Historic Preservation Design Guidelines • 11 more detailed background information and design guidelines that follow. In a case in which special conditions in a specific project are such that the detailed design guidelines do not appear to address the situation, then this broad policy statement serves as the basis for determining the appropriateness of the proposed work. Background Information A discussion of the issues typically associated with the specific design topic is presented next. This may include technical information, such as factors associated with the preservation of a historic building material, as well as general preservation theory that is relevant to the topic at hand. Pertinent Sub-Topics The sections that follow the background information are divided into sub-topics. For example, in the chapter addressing Building Materials, the sub-topics include: treatment, repair and replacement. This organization allows the user to quickly select the specific design topics within a section that are relevant. Design Guidelines The specific design guidelines are presented as bold face statements under each sub-topic. These are also numbered to indicate their relative position within the chapter and to aid in specific reference in the review process. Also provided with the design guidelines are supplementary requirements, which are bulleted (•) statements. These supplementary statements clarify the primary design guideline statement and may suggest specific methods for complying with it. How Were the Design Guidelines Developed? The City’s first preservation guidelines were adopted in 1972. The guidelines have been revised and improved multiple times taking community input and the experience of the Historic Preservation Commission into account. The design guidelines incorporate concepts set forth in The Secretary of the Interior’s Standards for the Treatment of Historic Properties (listed in the Appendix)—a nationally accepted set of basic preservation design principles. This document is compatible with the Secretary of the Interior’s Standards, while expanding on how these basic preservation principles apply in Aspen. The Concept of Historic Significance What makes a property historically significant? It is generally recognized that a certain amount of time must pass before the historical significance of a property can be evaluated. The National Register, for example, requires that a property be at least 50 years old or have extraordinary importance before it may be considered. Aspen does not have a minimum age for designation. A property may be significant for one or more of the following reasons: • Antiquity • Association with events patterns, trends, or people that have contributed to local, state, regional, or national history. • Physical design associated with distinctive characteristics of a building type, period, or construction method. • An example of an architect or master craftsman or an expression of particularly high artistic values. • Singular significance to the City. • Integrity of location, design, setting, materials, workmanship, feeling and association. Period of Significance Every historic building or district has a period of significance—or the time span during which it gained architectural, historical or geographical importance. In most cases, a property is significant because it represents or is associated with a particular period in history. Frequently, this begins with its construction date and continues through the peak of early occupation. Building fabric and features that date from the period of significance typically contribute to the character of the structure or district. Concept of “Integrity” In addition to being historically significant, a property also must have integrity—a sufficient percentage of the structure must date from the period of significance. The majority of the building’s structural system and its materials should date from that time and its key character defining features also should remain intact. These may include architectural details as well as the overall mass and form of the building. It is these elements that allow a building or district to be recognized as a product of its time. Preservation Principles While the guidelines in this document provide direction for specific design issues, some basic principles form the foundation for them. The following preservation principles apply to all historic properties in Aspen. IntroductIon P199 X.b 12 • City of Aspen • Historic Preservation Design Guidelines IntroductIon Respect the historic design character of the building. Don’t try to change a building’s style or make it look older than it really is. Confusing the character by mixing elements of different styles is not appropriate. Seek uses that are compatible with the historic character of the building. Uses that closely relate to the building’s original use are preferred. Every reasonable effort should be made to provide a compatible use for the building that will require minimal alteration to the building and its site. Protect and maintain significant features and stylistic elements. Distinctive stylistic features or examples of skilled craftsmanship should be treated with sensitivity. The best preservation procedure is to maintain historic features from the outset so that intervention is not required. Repair deteriorated historic features, and replace only those elements that cannot be repaired. Maintain the existing material, using recognized preservation methods whenever possible. If disassembly is necessary for repair or restoration, use methods that minimize damage to original materials and re-install in the existing configuration. Selecting a Preservation Approach Each preservation project is unique. A project may include a variety of treatment techniques, including the repair and replacement of features and maintenance of those already in good condition. Some of the basic preservation treatments are described in the section that follows. In each case, it is important to develop an overall strategy for treatment that is based on an analysis of the building and its setting. Analysis should begin with an investigation of the history of the property. This may identify design alterations that have occurred and may help in developing an understanding of the significance of the building as a whole, as well as its individual components. Sources for historic information include the City of Aspen Community Development Department, the Aspen Historical Society, and two City websites; aspenvictorian.com and aspenmod. com. Denver Public Library Western History Collection (digital.denverlibrary.org) and on-line fire insurance maps from the turn of the century, Sanborn Maps, (cudl.colorado.edu) are also helpful. Historical research should be combined with an on-site assessment of existing conditions. In this inspection, identify those elements that are original and those that have been altered. Also determine the condition of individual building components. Finally, list the requirements for continued use of the property. Is additional space needed? Or should the work focus on preserving and maintaining the existing configuration? In addition to the historical background, research should also be done which identifies the preservation incentives offered by the HPC. The preservation incentives are a way for the property owner to improve a project and make it more sympathetic to the historic resource. By combining an understanding of the history of the building, its present condition, and the need for action, one can then develop a preservation approach. When doing so, consider the following terms: Maintenance Work that often focuses on keeping the property in good condition by repairing features as deterioration becomes apparent, using procedures that retain the original character and finish of the features. In some cases, preventive maintenance is executed prior to noticeable deterioration. No alteration or reconstruction is involved. Property owners are strongly encouraged to maintain their property in good condition so that more aggressive measures of rehabilitation, restoration or reconstruction are not needed. Preservation Preservation is keeping an existing building in good condition by a careful program of maintenance and repair. It will often include repair and stabilization of materials and features in addition to regularly scheduled maintenance. Restoration To restore, one reproduces the appearance of a building exactly as it looked at a particular moment in time; to reproduce a pure style—either interior or exterior. This process may include the removal of later work or the replacement of missing historic features. A restoration approach is used on missing details or features of a historic building when the features are determined to be particularly significant to the character of the structure and when the original P200 X.b City of Aspen • Historic Preservation Design Guidelines • 13 IntroductIon configuration is accurately documented. Rehabilitation Rehabilitation is the process of returning a property to a state which makes a contemporary use possible while still preserving those portions or features of the property which are significant to its historic, architectural and cultural values. Rehabilitation may include the adaptive reuse of the building and constructing additions. Most good preservation projects in Aspen may be considered rehabilitation projects. Adaptive Use Converting a building to a new use that is different from its original purpose is considered to be adaptive use. For example, converting a residential structure to offices is adaptive use. A good adaptive use project retains the historic character of the building while accommodating new functions. While adaptive use allows the building owner to convert the building to a purpose other than that for which it was designed, it should be done with respect to the original building form. For example, it would be inappropriate to turn the living room of a historic building into a bathroom. The reason for this is that when the programmatic uses of a building are drastically altered, this often results in a major change to the original floor plan as well as to the exterior appearance of the building. When adaptive use is the preferred preservation alternative, the proposed design should honor the original building function as closely as possible. Combining Preservation Strategies Many successful projects that involve historic structures in Aspen may include a combination of preservation, restoration, and other appropriate treatments. For example, a house may be adapted to use as a restaurant, and in the process, missing porch brackets may be replicated in order to restore the original appearance, while existing original dormers may be preserved. Planning a Preservation Project Once the basic approach to a project has been defined, it is important to assess the property and to identify any significant character-defining features and materials. Retaining these elements, and then using the guidelines to select an appropriate treatment mechanism will greatly enhance the overall quality of the preservation project. In making the selection follow this sequence: 1. If a feature is intact and in good condition, maintain it as such. 2. If the feature is deteriorated or damaged, repair it to its original condition. 3. If it is not feasible to repair the feature, then replace it with one that is the same or similar in character (materials, detail, finish) to the original one. Replace only that portion which is beyond repair. 4. If the feature is missing entirely, reconstruct it from appropriate evidence. 5. If a new feature or addition is necessary, design it in such a way as to minimize the impact on original features. Design Review Process The Aspen Historic Preservation Commission The City Council appoints volunteers to the Aspen Historic Preservation Commission (HPC). The HPC is comprised of members who are city residents, have an expressed interest and expertise in historic preservation, and are knowledgeable about the heritage of the City. Some work is exempt from historic preservation review and other work may qualify for an Administrative Review by the Community Development Department. Approval is generally not required for a change in paint color or interior alterations. A Community Development Department review includes work such as signs, fences, roofs and repairs. More substantial projects are reviewed by HPC. Applicants are encouraged to participate in a pre- application conference with the Historic Preservation Officer (HPO), available in the Community Development Department. At this conference, the HPO will identify any necessary review process, discuss approvals that may be needed from other city boards, provide application forms, and suggest any modifications which may make the application more consistent with the standards and guidelines. Importance of Acquiring a Permit Once approvals are granted, a property owner may Any contractor, superintendent, or owner/builder wishing to receive a building permit to work on a historic structure will be required to complete the “Aspen/Pitkin County Preservation Awareness Program” and receive a specialty license in historic preservation. P201 X.b 14 • City of Aspen • Historic Preservation Design Guidelines IntroductIon apply for a building permit. Obtaining a building permit is a crucial step in any construction process. If a city building or zoning inspector finds that work is occurring without a permit, the work is stopped, or “red tagged.” In the simplest situation, construction is delayed; in more contentious cases, the work has to be reversed or rebuilt, resulting in long delays, additional fees and fines, and occasionally court appearances. Undertaking an act of demolition on a landmarked structure without HPC approval may result in a long term suspension of building permits for the property. Building permits are not only a way for the City to keep track of applications, but they also serve as protection for the owner. Obtaining a building permit means that the work will be inspected to determine that it has been executed correctly. The HPC is deeply committed to its responsibilty in protecting the visual memory of the community and ensuring that historic resources are respected within the evolution of the City. There are many possible directions to take when approaching a preservation project. The Commission appreciates a clear explanation of context, how the proposal contributes to a sense of place in the community, and site analysis. An applicant should explain their intent and approach and provide models, story poles, material samples and other information to assist the review process. P202 X.b H istoric o verview P203 X.b 16 • City of Aspen • Historic Preservation Design Guidelines Aspen has experienced several cycles of development in its history, beginning with the mining industry of the 1880s, the creation of the skiing industry in the 1930s and the City’s transformation into a center for arts and culture in the 1940s, all of which have led to the contemporary attraction it holds for intellectuals, outdoor enthusiasts and life-style connoisseurs. The Early Years - Mining Aspen is located in the Upper Roaring Fork Valley, where people have lived for at least 5,000 years. The Ute Indians arrived in the area around 1400 A.D. and controlled the region until the 1870s, preventing access to most of the valley under the 1868 Ute Reservation Settlement Act. However, they did allow the Hayden Survey to be completed in 1873, which was ultimately responsible for determining the evidence of gold and silver in the surrounding mountains. Following the reports from the Hayden Survey, in the summer of 1879, four prospectors from Leadville arrived in the valley to explore the mining potential. Quickly, they sank shafts to indicate they had mined the land and filed claims upon their return to Leadville. By the end of 1879 at least 35 prospectors camped at the base of Aspen Mountain, enduring the winter so as not to lose potential fortunes. The resulting pressure to mine and allow settlement of the area led to the removal of the Ute people to Utah. Henry B. Gillespie and B. Clark Wheeler, two ambitious men who would come to direct the growth of the region, arrived in the mining camp in the spring of 1880. Although it was Gillespie who initiated the efforts to create a town (which was to be called Ute City), Wheeler was first to complete a survey, and he gave Aspen its name. In March of 1880, B. Clark Wheeler incorporated the Aspen Town and Land Company with the financing of eastern capitalists. Initially, Aspen was a typical mining camp, with tents and crude log structures for businesses and homes. Transportation into the area was only by way of Taylor Pass, through Ashcroft until 1881, when the Independence Pass Toll Road was completed. Between 1883 and 1885, the population increased from 500 to 3,500 people, and the town had municipal water service, a telegraph, telephones and electricity, thanks to what was reportedly the first commercially operated hydroelectric plant in the United States. HIstorIc overvIew A spen H istoric o verview View of Aspen in 1900. P204 X.b City of Aspen • Historic Preservation Design Guidelines • 17 Aspen was in the thrust of a building boom, including construction of over twenty business buildings, and in 1884, well over one hundred homes to meet a housing shortage. Civic improvements were made and the City Council added street signs and house numbers. The town was platted into 30’x100’ lots and the city was divided east-west by Center Street (now Garmisch Street,) and north-south by Main Street. These two thoroughfares were both 100-feet-wide, while other streets were 75-feet. The residential districts were generally within proximity to the trails leading to the mines. The commercial district, originally four blocks in size, was located at the base of Aspen Mountain. The industry associated with the mining process such as the mills were located on the perimeter of the town. According to the Time’s editor, reflecting on the character of the town, “the pretty cottages, the palatial stores and the neat churches and public buildings, attest to their energy, prosperity and cultivation.” Many of Aspen’s achievements in the mid-1880s can be attributed to an eastern capitalist, Jerome B. Wheeler, no relationship to B. Clark Wheeler. Among other investments, Wheeler facilitated the development of two major sources of mining infrastructure—a smelter to process the ore locally for greater economic return and a railroad to connect the town to outlying regions. By 1886, two railroad companies were in competition to reach Aspen first; the Denver & Rio Grande Railroad and the Colorado Midland Railroad, which was partially bankrolled by Jerome Wheeler. The first train on the Rio Grande line pulled into Aspen in November of 1887. The Colorado Midland was hindered by bridge construction over Maroon and Castle Creeks, but ultimately arrived in town in December 1887. The railroad cars carried three to four thousand tons of ore each week to be processed; the returning cars brought valuable merchandise, including commodities and luxury items. As Aspen prospered, around 1888, more substantial, brick and stone, high style buildings began to be built. It was the custom of the day for successful businessmen to build a city block in a unified architectural style, using the best location for his own business and renting out to others. The business blocks (for example the Aspen Block, on the southwest corner of Hyman and Galena) were symbols of the prosperity of the town, and the individuals for whom they were named, as well as a growing civic pride. Two of the most important structures built during this period were financed by Jerome B. Wheeler—the Wheeler Opera House and the Hotel Jerome. Most of the houses built during this time were from designs found in pattern books, volumes of building plans that were widely available. The majority of the homes were wood frame, although some larger and more elaborate houses were constructed of brick. The miner’s cottages generally measured twenty- eight feet by thirty feet and were divided into five main spaces: a parlor (with bay window), sitting room, kitchen, sleeping area and a porch. An outhouse and sheds for livestock also would have been located on the lot. Exterior detailing on the cottages was relatively minimal, mostly focusing on the porch and the most prominent window. Produced at a rate of four per day, this family house, painted, plastered and ready for occupancy, cost $1,000.00 to build. The 300 block of HIstorIc overvIew A view of Cooper Avenue in 1900. A view of houses on Lake Avenue in 1910. P205 X.b 18 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew E. Main Street contains examples of the pattern-style, vernacular miner’s cottage. Residential landscapes at this time were often utilitarian in design, with small vegetable gardens and few ornamental plantings. Fences were low and transparent in nature to provide some definition between private yards and the public right-of-way. The planting of cottonwood rows was the dominant landscaping feature in the residential and commercial districts. Small irrigation ditches to promote growth linked the tree-plantings. In spite of fast-paced construction, by 1889 the housing shortage continued in Aspen, especially for miners’ families. In response, in September of 1889, the city council chartered a company to create a horse-drawn streetcar line. The completed system stretched two miles, crisscrossing the town and changing the face of Aspen by expanding its limits beyond the walking capacity of pedestrians. The Silver Crash - Aspen’s Quiet Years By 1892 Aspen was the third largest city in Colorado with 12,000 residents—only surpassed by Denver and Leadville. Aspen did outpace Leadville as Colorado’s leading silver producer, and housed the largest opera house in the state and finest luxury hotel on the Western Slope. In the spring of 1893, the financial success of Aspen crashed when Congress repealed the Sherman Silver Purchase Act. The “Silver Queen” of the Rockies came to a grinding halt, as did almost all of Colorado’s silver mines. By the end of 1893, the mining workforce had dropped from 2,250 to 150 men. By 1900, Aspen’s total population had dropped to 3,300 people and by 1930 had reached a low of 700 people. The events of 1893 initiated a period commonly referred to as the ‘’Quiet Years’, which lasted until the 1930s. Homes were vacant, stores empty and the grand architecture of the commercial and residential blocks entered a long stage of deterioration and neglect. Entire blocks were barren without a single occupied house and buildings stood as bare skeletons, the victims of salvaging for materials, fire and vandalism. During the “Quiet Years,” most people survived on modest resources. Residents raised much of their own food, merchants extended credit when possible and neighbors shared with neighbors. Throughout this extended depression numerous records indicate an enduring pulse of optimism amongst Aspenites. The theme of unfailing pride dominated during the “Quiet Years.” The major transportation services, the Midland Railroad and the Rio Grande Railroad were also affected by the financial crisis. The Midland line was purchased by the Santa Fe Railroad, but the route was abandoned by 1900 and the track was removed by 1921. The Rio Grande was more fortunate and endured the silver crash by hauling cattle and sheep rather than silver. By the 1930s and 1940s it once again met market demands by hauling the building materials and eventually passengers for the development of Aspen as a ski resort. Aspen’s Second Cycle-Ski Town Snow and spectacular mountains would provide the resources in the 1930s for Aspen to begin development as an international ski resort. While miners had previously used old barrel staves to slide down the mountain after work, they never guessed that this transportation method would be the next boom for their remote mining town. It was the chance meeting of a miner’s son, Tom Flynn, with Olympic bobsled champion, Billy Fiske in California that initiated speculation for the ski- industry in Aspen. Fiske soon hired Andre Roch, a celebrated mountaineer, avalanche expert and engineer, to survey the area. Roch spent the next six months identifying the recreational advantages of the region. Following the survey, Fiske and capitalist Theodore Ryan personally cleared brush off the hillside, creating the first alpine slope near Aspen.The Marolt Ranch in 1920, with the defunct Holden Lixiviation Plant (a silver processor) in the background. P206 X.b City of Aspen • Historic Preservation Design Guidelines • 19 HIstorIc overvIew Roch developed a downhill race course. Originally called “Roch Run Trail” or “the Roch”, only a section of the original course remains today. Roch believed that by creating a race course, Aspen would receive more publicity, thereby development of the mountain would be accomplished more quickly. It was a great success, attracting not only top skiers, but visionary capitalists. In 1938, Roch’s served as the site for the Rocky Mountain Ski Association Championship and by 1941, the Aspen Ski Club hosted the U.S. World Alpine Championships. World War II interrupted the development of Aspen skiing; but troops in training at the 87th Mountain Infantry and later the 10th Mountain Division would come to test their skills on the weekends. After the war, many of these same people came back to settle in Aspen and continue the momentum of developing its skiing potential. By 1950 Aspen was internationally famous for its terrain, World Cup Ski events and pioneering ski- industry technology. Lift capacity continued to expand at Aspen and new ski areas were developed. In 1957, Aspen Highlands opened, to be followed by Buttermilk a year later. The significant addition of the Snowmass ski area in 1967 firmly established Aspen as an international skiing destination. By 1986, Aspen installed the world’s longest, single-stage vertical rise gondola—the Silver Queen. Aspen continues to maintain its position as an international ski resort, attracting the world’s top skiing competitors and most celebrated ski events. Skiing also changed the architectural character of Aspen. Lodges were built in the chalet style familiar to their European owners. To enhance the alpine experience for tourists, landscaping trends attempted to bring the mountain environment into town. Spruce trees and other conifers were planted along streetscapes and throughout the commercial and residential districts. Aspen’s Cultural Renaissance - The Aspen Idea Investment capital began to flow into Aspen as influential people such as Elizabeth and Walter Paepcke promoted the town. The Paepckes were Chicago industrialists with grand visions. Walter Paepcke dreamed of a community “of peace with opportunities for a man’s complete life...where he can earn a living, profit by healthy, physical recreation, with facilities at hand for his enjoyment of art, music and education.” He created the Goethe Bicentennial Convocation in 1949, which attracted the world’s foremost artists, writers, musicians and celebrated humanitarians. The success of this event led to the creation of the Aspen Institute, Aspen Center for Physics, Aspen Music Festival and School, and numerous other world class conferences and events enjoyed in Aspen today. The International Design Conference, founded in 1950 left an indelible impression upon the architectural characteristics Lift One, 1950. Aspen Institute, 1965. P207 X.b 20 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew of Aspen and how the Aspen community promotes innovative design. Examples of private residences and civic structures influenced by the Modernist movement can be found throughout the city. Present Day Aspen - International Resort for the Mind and Body Aspen lures people today with world-class accommodations, outdoor recreation opportunities, artistic venues and educational forums. Its setting, unique architecture and sense of history provide a backdrop whereby the Aspen community can provide the best of both worlds— charm and natural beauty with cosmopolitan entertainment and flare. The Elks Building, 2015. P208 X.b City of Aspen • Historic Preservation Design Guidelines • 21 HIstorIc overvIew Note: Dates indicated describe the approximate period covered by a particular building style within Aspen. Architectural Styles in Aspen The City of Aspen contains a wide variety of building types and architectural styles that reflect its evolution, many of which have historic significance. This rich architectural heritage enhances the City and contributes to its strong “sense of place.” The following is a brief overview of the most frequently recognized styles found in Aspen. This survey of building types and styles reflects changing building technologies, tastes of the times, and the distinct Aspen context. Pioneer Circa 1879-1893, Residential These buildings were generally constructed of round logs, hewn logs, or log slabs considered to be mill- waste, and built as basic shelter for early Aspen settlers. Later examples copied this style. The log members were laid on alternating tiers, implementing a variety of notching techniques for joinery. The details of the log connections and the character of the log cuts themselves are important features. The spaces between the logs were filled with “chinking” consisting of a mixture of animal hair, clay, straw and other natural materials. The roofs were constructed of readily available material, including canvas, wooden shingles, and sheet metal. In Aspen, some of these log structures were later updated and covered with milled wooden siding and details. Characteristics: • Log construction. • Hip or gable roof. • Rough-sawn wood trim. A Pioneer house at 205 S. Third, constructed in 1885, or earlier P209 X.b 22 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew False-Front Store Front Circa 1880-1893, Commercial Relatively few examples of false-front buildings survive. These structures are from the early settlement phase when wood was the primary construction material. The front created a facade that made a building appear larger and taller than it actually was, masking a gabled roofline. Cornice details and kickplate elements below the storefront windows also were created from wood. Characteristics: • Gable roof concealed behind false front. • Recessed entry. • Large glass display windows. • Simple bracketed cornices. • Painted wood lap siding. • Kickplate below display window. • Transom above display window. • Wood doors and windows. Carpenter Gothic Circa 1880-1893, Residential This style is characterized by wooden interpretations of Gothic masonry structures, with an emphasis upon verticality and picturesque composition. Jig-saw cut trim elements were popular but straight lines and simple geometric forms provided the framework for more ornamental attachments. These ornamental details and the overall vertical form of this style are important features that should be preserved. All- white color schemes were popular, with accent colors only appearing on shutters. Characteristics: • Steeply pitched roof. • Cross gable roof plan or side gable roof plan with central cross gable over the door. • Clapboard siding. • Decorative barge board along eaves of main gables and dormers. • Two-over-two, double-hung sash windows. • Bay windows and lancet windows. • Elaborate porch railings, square posts, cut-out boards. False front structure at 310 E. Main, constructed in the 1890s. A Carpenter Gothic house at 302 East Hopkins, constructed in 1883. P210 X.b City of Aspen • Historic Preservation Design Guidelines • 23 HIstorIc overvIew Vernacular L-Type or “Miner’s Cottage” Circa 1880-1893, Residential The term “vernacular” refers to building traditions that reflect local taste, customs and materials. The vernacular houses of Aspen are similar to those throughout other Colorado mining towns—these houses were designed for utilitarian purposes with minimal attempts to copy a prescribed style. Typically, decorative elements were applied to cottages with steep roofs, wooden siding, vertical sash windows and front porches. Some homes received more ornament than others, often influenced by Queen Anne or Gothic Revival designs, usually around windows and doors and at porches and gable ends. In plan, these cottages were L-type, gable end, or side gable. Often shed additions were added. The L-type houses have two wings with intersecting gable roofs that form a letter “L” in plan. Very often an attached porch runs along the street-facing facade. Most of these houses are 1- story, but 1-1/2 and 2-story versions also exist. This is the most common historic resource type remaining in Aspen. Characteristics: • Overall, simple building forms. • 1-story, covered porch, usually at the intersection of the two wings. • Projecting bay windows. • Wood clapboard siding. • Shingle roof. • Two front doors, a social custom. Side Gable Circa 1880-1893, Residential This house style has a ridgeline that runs parallel to the street. Often a porch runs the width of the house. Details are similar to other gable cottage plans. Characteristics: • Full-width, one-story porch. • Decorative elements focused on the porch area. • Porch projects forward from the front wall plane. • Painted wood lap siding. • Wood trim around windows and doors. A Vernacular L-type house at 205 S. Spring, constructed in 1887. A side gable house at 117 N. Sixth, constructed in 1885. P211 X.b 24 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew Gable-End Circa 1880-1893, Residential This house type has a simple, rectangular shape with a gable roof with the ridge running perpendicular to the street. Most have a porch on the gable-end. Most are wood sided. Most are 1 - 1-1/2 story and a few are 2-story. Characteristics: • Bay-windows . • Full width or inset 1-story porch, with hip or gable roof. • Decorative shingles in gable-end. • Gable ornaments, including brackets and barge boards. • Overall, modest character. • Porch may project forward or be inset into the front wall plane. • Two front doors, a social custom. Italianate Circa 1880-1893, Residential and Commercial The Italianate style was introduced by Andrew Jackson Downing in his 1850 publication, The Architecture of Country Houses. He extolled the virtues of the Gothic Revival, but also offered the “villa,” a version based on Italian country houses that veered more toward classicism and did not have the religious overtones of the Gothic Revival. Cornices with large brackets appeared on porches and bay windows. Flat, ornamental arches capped most windows and doors. Characteristics: • Rectangular, square, with a side-passage plan, or cross-gable. • Brick, wood clapboard and stucco. • Double-hung, narrow windows, often with round arch heads. • Window panes are either one-over-one or two- over-two. • Protruding sills. • Ornate treatment of the eaves, including the use of brackets, modillions and dentil courses. • Low-pitched, hipped roof. • Bay windows, often rectangular. • Quoins, or decorative blocks, at corners. • Metal cresting along roof ridges. • Transom over entry, often curved. An gable end house at 612 W. Main, constructed in 1888. An Italianate house at 201 E. Hyman, constructed in 1883. The Wheeler Opera House at 320 E. Hyman is an example of an Italianate commercial structure, constructed in 1889. • Ornate treatment of porch with turned columns, posts and bargeboard ornament. P212 X.b City of Aspen • Historic Preservation Design Guidelines • 25 HIstorIc overvIew Dutch Colonial Revival Circa 1880-1893, Residential The most distinguishing feature of this style is the gambrel roof. The details, such as the window pattern, porches and materials are closely associated with the Shingle and Queen Anne styles. Characteristics: • Gambrel roof; both side-passage and front-facing variations can be found. • Single gable end. • One story. • Prominent front porch, with classically-detailed porch supports and plain balustrades. • Double-hung sash windows, with either single panes or multiple panes in the upper light. • Lunette windows in the upper gable. • Large, single pane windows with a fixed transom on the first story. Queen Anne Circa 1880-1893, Residential In the United States, Queen Anne developed from the desire to establish a national style. This style includes decorative wall surface patterns, framed in strap- work, polychrome color schemes, and steeply pitched rooflines. Typically, the buildings are 1 - 2-stories in height. Preserving the ornamental details and the original materials of this style are high priorities. Characteristics: • Irregular, asymmetrical massing. • Forward extension of wall planes; towers and triangular sections. • Decorative shingles. • Spindlework porch supports with lace-like brackets. • Windows with leaded or stained glass. • Patterned window panes. • Bay windows. • Corbelled brick chimneys. A Dutch Colonial Revival house at 611 West Main, constructed in 1886. A Queen Anne house at 128 E. Main, constructed circa 1893. P213 X.b 26 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew Second Empire Circa 1880-1893, Residential The Second Empire refers to the reign of Louis Napoleon, the grand-nephew of Napoleon Bonaparte, who ruled France from 1852 to 1870. In both France and America, the Second Empire style coincided with a period of prosperity and materialism, and was associated with urbanity and a cosmopolitan society. The style is characterized by its distinctive mansard roof, often containing windows on the steep lower slope. The complex massing and arrangement of towers is unified through decorative cornices similar to those of the Italianate style. Characteristics: • Steeply pitched, mansard roof. • Roof can be either straight or concave, and is interrupted by dormers. • Complex massing forms . • Brick, stucco or wood clapboard. • Wrought-iron ornament, such as cresting on roof or heavy, ornate fencing. • Wide eaves, often with modillions. • Corbelled chimney. • Heavily molded cornices and window trim. Industrial Circa 1880-1893, Commercial, Public The Industrial style represents an age when the production of goods was an overriding goal. This style was sometimes employed for utilitarian public buildings, and featured large, open interior spaces, made possible by a heavy wood truss system. Characteristics: • Large rectangular forms. • Masonry construction. • Large interior spaces. • Smaller, vertically proportioned windows. • Masonry cornice supported on corbels. A Second Empire house at 442 W. Bleeker, constructed in 1885. Aspen City Hall, originally an Armory, at 130 South Galena, constructed in 1891. P214 X.b City of Aspen • Historic Preservation Design Guidelines • 27 HIstorIc overvIew Victorian-Era Commercial Building Circa 1880-1893, Commercial The commercial storefront of the late 19th and early 20th centuries is the most common type of building found today in most historic commercial districts throughout the country. Usually one to four stories in height, these buildings are divided into two distinct bands. The first floor is more commonly transparent, so goods can be displayed, while the second story has smaller windows and is usually reserved for a residential or office space. The majority of these buildings in Aspen were constructed between 1888 and 1893. As this type evolved towards the turn-of-the century, so too did the amount of ornamentation and high- style influences. Cornice and midbelt moldings became more prominent, more elaborate window and door openings were used and much of the facade was covered with varying degrees of applied ornamentation. Italianate details were popular. With the introduction of cast-iron, the weight of second and third stories of these Victorian commercial structures was carried over larger expanses of glass on the first floor. Characteristics: • Cast-iron supported or wood post storefronts. • Large display windows on the first-floor usually framed in wood, but sometimes metal. • Transom lights above display windows. • Kickplate below display windows. • Recessed entry. • Wood double doors. • Tall second story windows with wood frames. • Decorative cornice at top. • Masonry walls. • Varying degrees of ornamentation. • Corner entry. A Victorian era commercial building at 419 E. Hyman, constructed in 1889. P215 X.b 28 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew The Collins Block, located at 204 South Mill Street, constructed in 1891-1893. Neo-Classical Circa 1880-1893, Commercial The Neoclassical movement is an American phenomenon that began with the 1893 Colombian Exposition in Chicago. Greek Revival precedents were most commonly used, but with more variety in composition and detail. In Aspen, popular neoclassical details were simple Doric columns, triangular pediments and large cornices with rows of dentil moldings. Other classical orders, including Corinthian and Ionic, sometimes are used as well. These appeared on both residential and commercial buildings. Characteristics: • Free-standing columns, usually Doric order. • Cornice with dentil moldings. • Triangular pediment, sometimes supported on classical columns. Romanesque Revival Circa 1880-1893, Commercial and Public Promoted by the prominent Boston architect, Henry Hobson Richardson, the Romanesque, or Richardsonian Romanesque style was commonly used for large public buildings during the 1880s— following suit with Richardson’s Trinity Church in Boston. Romanesque structures were always of masonry construction. Rounded stone arches were typical details, as were carved stone columns with Corinthian capitals, which feature an acanthus leaf pattern. Attached stone pilasters, or piers also were common. Characteristics: • Asymmetrical facades. • Masonry walls, usually with rough-faced, squared stonework. • Most have towers with conical roofs. • Round-topped arches over windows, porch supports, or entrance. • Deeply recessed openings. • Decorative colonnettes around windows. • Decorative floral patterns on column capitals and wall surfaces. • Wood frames for doors and windows. The Aspen Community Church, an example of the Romanesque Revival style, constructed at 200 E. Bleeker in 1890. P216 X.b City of Aspen • Historic Preservation Design Guidelines • 29 HIstorIc overvIew Rustic architecture at 300 W. Main, constructed in 1944. Rustic Architecture Circa 1900-present, Residential, Commercial, Public Popularized by the designs of the National Park Service for its institutional buildings, these structures were designed to blend with the environment and were constructed of native building materials. An emphasis upon simplicity, hand craftsmanship and the natural environment made this a popular style for vacation homes, hunting lodges, dude ranches and tourist facilities. In Aspen, these appear similar to Pioneer Houses, but usually include larger timber elements and emphasize more craftsmanship in details. Characteristics: • Hand built out of locally available materials, using limited tools. • Single story or 1 1/2 story. • Low pitched gable roof. • Simple rectangular footprint, with smaller addictive elements. • Small porch or entry feature. • True log construction with overlapping log ends, coped and stacked, with chinking to infill irregularities between the logs. • Rough sawn board and batten siding. • Stone at the base or in the fireplace and chimney. • Small window openings, spare and usually horizontally proportioned with wood trim. • Minimal detail and decoration. The Bell Tower, originally built as a WPA project in 1930 and later substantially reconstructed, is located at Paepke Park and is an example of Rustic architecture. P217 X.b 30 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew International style residence at 301 Lake, constructed in 1972. Bauhaus/International Style Circa 1928-1960, Residential, Commercial, Public The use of the words “international style” refers to the title of the exhibit promoted by the Museum of Modern Art in New York City in 1931 which presented the work of forty architects from fifteen countries. It has become synonymous with modern styles and post- World War II architecture that emphasized simple rectilinear forms that expressed internal functions. New materials and construction techniques also were used. In Aspen, some variations emphasized techniques and materials from elsewhere, while others adapted the International Style to local materials and building methods. Several of the International Style buildings in Aspen were designed by Herbert Bayer, a noted artist and designer from the Bauhaus school who had a significant influence on postwar architectural development in Aspen. Characteristics: • Simple geometric forms, both in plan and elevation. • Flat roofs, usually single story. • Proportions are long and low, horizontal lines are emphasized. • Asymmetrical arrangement of elements. • Windows are treated as slots in the wall surface, either vertically or horizontally, or glazing appears as a curtain wall. • Detailing is reduced to the composition of elements rather than decorative effects. • Materials are generally manufactured and standardized, surfaces are smooth, with minimal or no detail at window jambs, grade, and roof edge. • Entry is usually marked by a void in the wall, a cantilevered screen element, or other architectural clue that directs one into the composition. • Buildings are connected to nature through the use of courtyards, wall elements that extend into the landscape, and areas of glazing that allow a visual connection to the natural environment. • Schemes are monochromatic, using neutral colors. Primary colors are used for accents. P218 X.b City of Aspen • Historic Preservation Design Guidelines • 31 HIstorIc overvIew Chalet Circa 1945-1960s, Residential and Commercial This style is reminiscent of alpine architecture in Europe and was popular for early American ski resort towns, including Aspen. Large balconies and shallow roofs with wide eaves are identifying features. Wood trim often reflected a jig-saw cutout design, especially on balustrades and gable ornaments. Stucco was often combined with wood siding. Occasionally, mountain scenes were painted on the stucco. The style primarily used for hotels and residences. Characteristics: • Large, singular roof form, generally low in slope. • Deep overhangs with the structure of the roof expressed on the underside. • Eaves and rakes decorated with cutouts and fretwork bargeboards. • Continuous porch or balcony running the length of the primary side. • Decorative elements such as balustrades with cut out shapes (hearts, edelweiss, snowflakes, nature theme). • Rectangular footprint. • Stucco ground floor with minimal openings and wood lintels. • Slider and casement windows, horizontally proportioned and used sparingly. • Decorative shutters or flowerboxes. • Colors are restricted to white for the stucco base and dark brown wood walls, eaves, and balustrades. Bright colors are used sparingly for accents and decorative elements. Mountain Chalet Style at 312 W. Hyman, constructed in 1956. P219 X.b 32 • City of Aspen • Historic Preservation Design Guidelines HIstorIc overvIew A Modern Chalet Style home at 120 Red Mountain Road, constructed in 1962. A Pan Abode located at 630 W. Main, constructed 1965. Log Kit/Pan Abode Buildings Circa 1950s to 1970, Residential and Commercial Pan Abode is a brand name for log kit houses available beginning in 1952. These buildings were also manufactured by other companies as early as 1948. The logs were milled, tongue and groove and came pre-cut and notched for easy assembly. The system was popular in Aspen for ski lodges and modest homes. They were quick to build (a plus in Aspen’s limited construction season) and inexpensive. Characteristics: • Tongue and groove cedar log construction. • Overlapping notches at corners. • Wood framed, multi-light picture window. • Low-pitched roof, usually gabled but occasionally shed. • Deep overhanging eaves. • Recessed entrance with rounded or squared corners. • Natural, stained wood. • Simple, rectilinear footprint usually one story. Modern Chalet Circa 1950s-1960s, Residential A distinctive postwar housing type in Aspen is locally termed a Modern Chalet. With its moderately pitched gable roof oriented to the front, it recalls traditional chalets associated with ski country, but in its expansive glass and minimal decoration, it also seems classically modernist. For the most part, the sizable window walls on these buildings are oriented to Aspen Mountain. Characteristics: • Rectilinear footprint, classic chalet orientation with gable end to the street and/or mountain view. • Broad gabled facade organized in rectilinear solid or glass panels, generally in a tripartite organization. • Low to moderate pitched roof, often based on a 3:12 ratio. • Roof eave comes down to a low plate height at the upper level. • Deep eave overhang, may have exposed roof beams. • Glass in gable ends extending to the eaves. • Large central glazed areas is flanked by brick or stone piers. • Minimal decoration. • Balcony on front facade. • Entry door recessed or on side elevation. P220 X.b City of Aspen • Historic Preservation Design Guidelines • 33 HIstorIc overvIew This Wrightian style building is located at 720 E. Hyman, and was constructed in 1976. Wrightian/Organic Circa 1945-Early 1970s, Residential, Commercial, Public The Wrightian style was developed by the architect Frank Lloyd Wright. Several buildings in Aspen were designed by architects who studied under Frank Lloyd Wright. Characteristics: • Low horizontal proportions, flat or low pitched hip roofs. • Deep roof overhangs that create broad shadow lines across the facade, glazing is usually concentrated in these areas. • Materials are usually natural and hand-worked, such as rough-sawn wood timbers and brick, brick is generally used as a base material, wall infill, or in an anchoring fireplace element. • Wood structural systems tend more toward heavy timber or post-and-beam rather than typical stud framing. • Structural members and construction methods are usually expressed in the building. • Roof structure is often expressed below the roof sheathing. • Glass is used as an infill material which expresses a void or a structural system, or it is used to accentuate the surface of a wall through pattern or repetition. • No trim isolating the glazing from the wall plane, window openings are trimmed out to match adjacent structural members in a wood context, brick openings tend to be deeply set with no trim other than the brick return. • Structures are related to the environment through battered foundation walls, cantilevered floors and/or porches, clear areas of glazing that create visual connections between inside and outside, and the effect of the roof plane hovering over the ground. • Decoration stems from the detailing of the primary materials and the construction technique, no applied decorative elements are used. • Colors are usually related to the natural colors of materials (natural brick, dark stained wood, white stucco), accent colors are used minimally and mainly to accentuate horizontal lines of the structure. This Wrightian residence is located at 835 W. Main, and was constructed in 1947. P221 X.b P222 X.b D esign g uidelines :c ontext P223 X.b 36 • City of Aspen • Historic Preservation Design Guidelines cHapter 1: sIte plannIng & landscape desIgn c HA pter 1: s ite p l A nning & l A ndsc A pe d esign Background The character of a historic structure is greatly influenced by the surrounding framework of streets and public spaces, the physical characteristics of the specific site, and the way in which the historic resource is situated on the lot. It is important to analyze the context of a property before developing a strategy for treatment and/or alteration. Analysis should begin with a study of the overall development pattern of the neighborhood or district. The defining elements of the site need to be identified, and the placement of the historic resource reviewed for its consistency or deviation from the context of the neighborhood or district. How structures occupy their site, in terms of alignment, orientation, and spacing creates much of the context of a neighborhood. This context, along with right-of-way treatment, sidewalks, pedestrian and vehicular access, fences, natural features, alley relationship, landscaping and other site features all combine to define Aspen’s historic character. In the original Aspen townsite, the consistency of site development reflects a specific and identifiable time period. Some neighborhoods located outside of the formal townsite grid were planned much later and reflect a less formal pattern of development. HPC’s intent is that any project acknowledges the history of the surrounding area and uses the strongest and most common features as a framework for proposed development. In addition to architectural landmarks, Aspen has significant cultural and historic landscapes that represent early development patterns. Included in these private and public landscapes are: cemeteries, parks, campuses, public art, alleys, street right of ways, waterways, and similar public features. These landscapes are integral to the historic pattern of the community and should be preserved. How to Start When beginning a project, the applicant should follow these steps: • Document the existing site conditions, including existing plant material, natural features, historic artifacts, and configuration of the site. • Note neighborhood development patterns including existing and historic street and alley conditions, setbacks, and alley development. • Determine whether the existing context supports or detracts from the historic resource and incorporate findings into the design process. • Retain historic site features and incorporate important existing and historic development patterns into the site. Policy: Historic landscapes, landscape elements, and landscape patterns should be preserved. Additions and/or changes to the landscape should be compatible with the associated historic resource and the historic context of the neighborhood or district in which the project is located. Note: A permit is required for modifications within the publically owned right-of-way, including planting strips, sidewalks and irrigation ditches. This permit is issued by the Engineering Department in consultation with other City agencies. In general, the right-of-way within a given neighborhood should have a consistent design character. Right-of-ways should not be altered in a manner that makes them appear to be an extension of the adjacent private property. The Municipal Code includes detailed information about the City’s regulations affecting trees on public and private property. P224 X.b City of Aspen • Historic Preservation Design Guidelines • 37 cHapter 1: sIte plannIng & landscape desIgn Neighborhood and District Patterns Maintaining significant development patterns in Aspen’s neighborhoods is important. Intentionally siting buildings to highlight historic development patterns reflects the evolution of Aspen’s development. Resources which are helpful in studying development patterns include Victorian era fire insurance maps (Sanborn Maps), the 1896 Willit’s Map, the 1893 Bird’s Eye View of town, subdivision maps, aerial photography, and GIS mapping. These are found in the Community Development Department or the Historical Society. GIS maps can be found online at aspenpitkin.com and Sanborn maps are online at www.cudl.colorado.edu. Within the historic townsite, the road layout is a grid. The neighborhoods and structures were organized in an orthogonal pattern, regardless of topography, with building façades parallel to the street. Main Street is the widest boulevard dividing Aspen north and south. Garmisch Street, formerly Center Street, divides the townsite east and west. In the west part of town, historic irrigation ditches are found alongside many streets. Within the original townsite, some Post-World War II buildings were set at an angle on the lot as a reflection of a different design philosophy – for example, many chalets are oriented to face Aspen Mountain. In later subdivisions, the grid is generally absent: streets are curvilinear and lots are irregular. It may require careful study to discern consistent or original development patterns remaining in these areas due to intense redevelopment. Consult with a landscape architect early in the conceptual process. 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. Streets, Alleys, & Ditches Alleys are an important feature of the historic townsite and have traditionally been used for utilitarian functions. Today, this is an appropriate location for cars, storage, service areas, and in some cases, secondary residential units or small businesses. Historic photograph of Aspen’s west end neighborhood. This historic structure is easily viewed from the street and is surrounded by a large open yard. P225 X.b 38 • City of Aspen • Historic Preservation Design Guidelines Though alterations to streets, alleys, and ditches are not generally within the HPC’s purview, development which removes a platted street or alley, or overplants a ditch, is discouraged. Ditches should be simple water channels planted with sod banks that do not include flower beds, hardscapes, or bridges that change the simplicity of the feature. 1.2 Preserve the system and character of historic streets, alleys, and ditches. When HPC input is requested, the following bullet points may be applicable. • Retain and preserve the variety and character found in historic alleys, including retaining historic ancillary buildings or constructing new ones. • Retain and preserve the simple character of historic ditches. Do not plant flowers or add landscape. • Abandoning or re-routing a street in a historic area is generally discouraged. • Consider the value of unpaved alleys in residential areas. • Opening a platted right of way which was abandoned or never graded may be encouraged on a case by case basis. Driveways & Parking Typical transportation in the 19th Century included horses and wagons that were housed in the alleys or on side streets. As cars became more common after World War II, some development was automobile oriented and included driveways accessed from the primary street. Many Post-War residences incorporated this auto-centric trend with carports and these examples should be preserved. Generally though, in an effort to minimize the visual impact of vehicles, and meet current pedestrian safety goals, vehicular access should now be accommodated at the alley where possible. 1.3 Remove driveways or parking areas accessed directly from the street if they were not part of the original development of the site. • Do not introduce new curb cuts on streets. • Non-historic driveways accessed from the street should be removed if they can be relocated to the alley. Where a historic driveway is accessed from a street, minimize the visual impacts by limiting paving. This Herbert Bayer designed residence, built in 1963, features a streetfacing carport. cHapter 1: sIte plannIng & landscape desIgn A ditch in the West End neighborhood. P226 X.b City of Aspen • Historic Preservation Design Guidelines • 39 cHapter 1: sIte plannIng & landscape desIgn 1.4 Design a new driveway or improve an existing driveway in a manner that minimizes its visual impact. • If an alley exists at the site, the new driveway must be located off it. • Tracks, gravel, light grey concrete with minimal seams, or similar materials are appropriate for driveways on Aspen Victorian properties. Yards, Walkways, and Patios Key landscape features include setbacks, public space and private space, the arrangement of trees, shrubbery and hedges, species of vegetation, natural features, walkways and patios, site furnishings, site lighting, fences, vehicular and pedestrian access, and walls. Aspen Victorian Properties Commercial zone districts allow lot line to lot line development with minimal setbacks if any. As such, most commercial properties do not contain on-site walkways and patios. This alignment of structures contributes to a sense of visual continuity and vitality for 19th Century resources in the Commercial Core Historic District. In 19th century residential settings, a “hierarchy” of open space exists along the street. Access from the public street to private residences was commonly achieved with a modest walkway. These walkways were typically narrow in width, made of simple, indigenous materials, and ran perpendicular from the street to the entry or porch. Typical residential neighborhoods located in the original townsite had a relatively consistent front yard setback. Open lawns were common. Side and rear yard setback patterns created distinctive patterns and contributed to the overall open space and rhythm of a neighborhood. Rear yard setbacks have traditionally been fairly minimal AspenModern Properties Post-war development oftentimes reflects a deliberate effort to bring the outside indoors or to contrast a natural, wild landscape with a minimalist, stark building. Many Post-War buildings incorporated patios, built in planters, deep overhanging eaves, wide steps, and other types of design elements to define the landscape as part of the architecture of the building. These features are integral to the design tenets of Post-War architecture and should be preserved. An elevated front pation was part of the original design for this AspenModern landmark in the Commercial Core Historic District. P227 X.b 40 • City of Aspen • Historic Preservation Design Guidelines 1.5 Maintain the historic hierarchy of spaces. • Reflect the established progression of public to private spaces from the public sidewalk to a semi- public walkway, to a semi private entry feature, to private spaces. 1.6 Provide a simple walkway running perpendicular from the street to the front entry on residential projects. • Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of the period of significance. • Use paving materials that are similar to those used historically for the building style and install them in the manner that they would have been used historically. For example on an Aspen Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete, brick or red sandstone are appropriate private walkway materials for most landmarks. • The width of a new entry sidewalk should generally be three feet or less for residential properties. A wider sidewalk may be appropriate for an AspenModern property. 1.7 Provide positive open space within a project site. • Ensure that open space on site is meaningful and consolidated into a few large spaces rather than many small unusable areas. • Open space should be designed to support and complement the historic building. 1.8 Consider stormwater quality needs early in the design process. • When included in the initial planning for a project, stormwater quality facilities can be better integrated into the proposal. All landscape plans presented for HPC review must include at least a preliminary representation of the stormwater design. A more detailed design must be reviewed and approved by Planning and Engineering prior to building permit submittal. • Site designs and stormwater management should provide positive drainage away from the historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce the generation of additional stormwater runoff, and increase infiltration into the ground. Stormwater facilities and conveyances located in front of a landmark should have minimal visual impact The historic hierarchy of spaces from public to semi-public to private. A flagstone walkway suits the character of this 1956 Pan Abode home. cHapter 1: sIte plannIng & landscape desIgn A Victorian era walkway in Aspen. P228 X.b City of Aspen • Historic Preservation Design Guidelines • 41 when viewed from the public right of way. • Refer to City Engineering for additional guidance and requirements. 1.9 Landscape development on AspenModern landmarks shall be addressed on a case by case basis. 1.10 Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. • Site furnishings that are added to the historic property should not be intrusive or degrade the integrity of the neighborhood patterns, site, or existing historic landscape. • Consolidating and screening these elements is preferred. Softscape Features & Plants While most historic plant materials on private property have been replaced over time, some specimens do survive, particularly in residential settings. 19th Century photographs indicate that front yards were typically mowed grass and a mix of cottonwood trees, lilacs, sweet peas, flowering vines, and yellow shrub- roses. Back yards were often dirt to accomodate animals and livestock. In later periods, yard designs evolved - a Rustic Style building may have a more natural, less manicured character with informal planting of native trees, shrubs and flowers and prominent placement of spruces near the entry. Always refer to historic photos of the site when available to guide landscape design. While HPC may not have the opportunity to review landscape alterations that do not occur as part of a development project, the following guidelines apply to all activity on historic sites and will be enforced when necessary. Permits are required for site disturbances great than 200 square feet. Refer to the Engineering page on the city website aspenpitkin.com for updated information. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. • Retaining historic planting beds and landscape features is encouraged. • Protect historically significant vegetation during construction to avoid damage. Removal of A simple, albeit contemporary, walkway may be acceptable for a large, ornate Victorian. Historic cottonwood trees surround this corner lot. cHapter 1: sIte plannIng & landscape desIgn P229 X.b 42 • City of Aspen • Historic Preservation Design Guidelines damaged, aged, or diseased trees must be approved by the Parks Department. • If a significant tree must be removed, replace it with the same or similar species in coordination with the Parks Department. • The removal of non-historic planting schemes is encouraged. • Consider restoring the original landscape if information is available, including original plant materials. 1.12 Provide an appropriate context for historic structures. See diagram. • Simplicity and restraint are required. Do not overplant a site, or install a landscape which is overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In Zone A, new planting shall be species that were used historically or species of similar attributes. • In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod, and low shrubs are often appropriate. • Contemporary planting, walls and other features are not appropriate in Zone A. A more contemporary landscape may surround new development or be located in the rear of the property, in Zone C. • Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio where appropriate. • Where residential structures are being adapted to commercial use, proposals to alter the landscape will be considered on a case-by-case basis. The residential nature of the building must be honored. • In the case of a historic landmark lot split, careful consideration should be given so as not to over plant either property, or remove all evidence of the landscape characteristics from before the property was divided. • Contemporary landscapes that highlight an AspenModern architectural style are encouraged. 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. • Low plantings and ground covers are preferred. • Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. Hedgerows are not allowed as fences. A small conifer planted in front of a historic structure can grow beyond expectations and completely block the building. • Consider mature canopy size when planting new trees adjacent to historic resources. Planting trees too close to a landmark may result in building deteriorate or blocked views and is inappropriate. • Climbing vines can damage historic structures and are not allowed. cHapter 1: sIte plannIng & landscape desIgn P230 X.b City of Aspen • Historic Preservation Design Guidelines • 43 cHapter1: sIte plannIng & landscape desIgn Zone A most signicant Zone B moderately signicant Zone C unrestricted Historic Resource Non-historic addition NOTE: Zones of signi - cance are approximate and deviations may be deemed appropriate by the HPC. Zone C may include secondary historic resourc- es such as a historic shed or outbuilding. When this occurs, the allowances in Zone B shall apply to the areas around the historic shed or outbuilding. FRONT REAR Historic Resource Non-historic Addition I N T E R I O R L O T P231 X.b 44 • City of Aspen • Historic Preservation Design Guidelines cHapter 1: sIte plannIng and landscape desIgn Zone A most signicant Zone B moderately signicant Zone C unrestricted Historic Resource Non-historic addition NOTE: Zones of signi - cance are approximate and deviations may be deemed appropriate by the HPC. Zone C may include secondary historic resourc- es such as a historic shed or outbuilding. When this occurs, the allowances in Zone B shall apply to the areas around the historic shed or outbuilding. STREET ALLEY Historic Resource Non-historic Addition STREET P232 X.b City of Aspen • Historic Preservation Design Guidelines • 45 Site Lighting Traditionally, outdoor lighting on 19th century sites was minimal or non-existent. While electricity was available in Aspen in the late 1880s, based on available historic photographs, exterior lights, including porch lights, were not commonly found. To maintain historic character, all outdoor lighting must be minimized. Landscape lighting on AspenModern properties varies based on architectural style and time period of development. For additional information, see the City’s Lighting Standards. 1.14 Minimize the visual impacts of landscape lighting. • Landscape and pathway lighting is not permitted in Zone A (refer to diagram) on Aspen Victorian properties unless an exception is approved by HPC based on safety considerations. • Landscape, driveway, and pathway lighting on AspenModern properties is addressed on a case- by-case basis. • Landscape light fixtures should be carefully selected so that they are compatible with the building, yet recognizable as a product of their own time. • Driveway lighting is not permitted on Aspen Victorian properties. • Landscape uplighting is not allowed. Fences Originally, wood picket fences were commonly used to define front yards on Aspen Victorian properties. These fences provided a subtle delineation of private yard versus public right-of-way and were low in height, transparent in design, and did not create walled off private areas. The fence’s vertical slats were set apart with spaces between, and the overall height of the fence was approximately three feet. Many properties traditionally had open lawns with no fencing. Some Post-WWII properties may have original fences that provide less transparency than those used in the 19th century, or have other unique characteristics. Fencing on these properties will be reviewed on a case-by-case basis. 1.15 Preserve original fences. • Fences which are considered part of the historic significance of a site should not be moved, Landscape lighting that suits this AspenModern home. A picket fence is an appropriate choice for a Victorian era home. cHapter 1: sIte plannIng & landscape desIgn P233 X.b 46 • City of Aspen • Historic Preservation Design Guidelines removed, or inappropriately altered. • Replace only those portions of a historic fence that are deteriorated beyond repair. • Replacement elements must match the existing. 1.16 When possible, replicate a missing historic fence based on photographic evidence. 1.17 No fence in the front yard is often the most appropriate solution. • Reserve fences for back yards and behind street facing façades, as the best way to preserve the character of a property. 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. • The new fence should use materials that were used on similar properties during the period of significance. • A wood fence is the appropriate solution in most locations. • Ornate fences, including wrought iron, may create a false history are not appropriate for Aspen Victorian landmarks unless there is evidence that a decorative fence historically existed on the site. • A modest wire fence was common locally in the early 1900s and is appropriate for Aspen Victorian properties. This fence type has many desirable characteristics including transparency, a low height, and a simple design. When this material is used, posts should be simply detailed and not oversized. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. • A fence that defines a front yard must be low in height and transparent in nature. • For a picket fence, spacing between the pickets must be a minimum of 1/2 the width of the picket. • For Post-WWII properties where a more solid type of fence may be historically appropriate, proposals will be reviewed on a case-by-case basis. • Fence columns or piers should be proportional to the fence segment. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. This is one of the last remaining original Victorian fences in Aspen. A historic wire fence ;located on Cooper Ave. A privacy fence that reflects a traditional picket fence style. cHapter 1: sIte plannIng & landscape desIgn A historic photograph showing both a simple wire fence and a taller and more opaque privacy fence. P234 X.b City of Aspen • Historic Preservation Design Guidelines • 47 removed, or inappropriately altered. • Replace only those portions of a historic fence that are deteriorated beyond repair. • Replacement elements must match the existing. 1.16 When possible, replicate a missing historic fence based on photographic evidence. 1.17 No fence in the front yard is often the most appropriate solution. • Reserve fences for back yards and behind street facing façades, as the best way to preserve the character of a property. 1.18 When building an entirely new fence, use materials that are appropriate to the building type and style. • The new fence should use materials that were used on similar properties during the period of significance. • A wood fence is the appropriate solution in most locations. • Ornate fences, including wrought iron, may create a false history are not appropriate for Aspen Victorian landmarks unless there is evidence that a decorative fence historically existed on the site. • A modest wire fence was common locally in the early 1900s and is appropriate for Aspen Victorian properties. This fence type has many desirable characteristics including transparency, a low height, and a simple design. When this material is used, posts should be simply detailed and not oversized. 1.19 A new fence should have a transparent quality, allowing views into the yard from the street. • A fence that defines a front yard must be low in height and transparent in nature. • For a picket fence, spacing between the pickets must be a minimum of 1/2 the width of the picket. • For Post-WWII properties where a more solid type of fence may be historically appropriate, proposals will be reviewed on a case-by-case basis. • Fence columns or piers should be proportional to the fence segment. 1.20 Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. This is one of the last remaining original Victorian fences in Aspen. A historic wire fence ;located on Cooper Ave. A privacy fence that reflects a traditional picket fence style. • A privacy fence should incorporate transparent elements to minimize the possible visual impacts. Consider staggering the fence boards on either side of the fence rail. This will give the appearance of a solid plank fence when seen head on. Also consider using lattice, or other transparent detailing on the upper portions of the fence. • A privacy fence should allow the building corners and any important architectural features that are visible from the street to continue to be viewed. • All hedgerows (trees, shrub bushes, etc.) are prohibited in Zones A and B. Retaining Walls Historically stone retaining walls were sometimes used on steep slopes. Some of these walls survive and are important character-defining features. Whenever feasible they should be preserved. The addition of retaining walls on flat sites or in locations where they were not seen historically should be avoided. 1.21 Preserve original retaining walls • Replace only those portions that are deteriorated beyond repair. Any replacement materials should match the original in color, texture, size and finish. • Painting or covering a historic masonry retaining wall or covering is not allowed. • Increasing the height of a retaining wall is inappropriate. 1.22 When a new retaining wall is necessary, its height and visibility should be minimized. • All wall materials, including veneer and mortar, will be reviewed on a case by case basis and should be compatible with the palette used on the historic structure. 1.23 Re-grading the site in a manner that changes historic grade is generally not allowed and will be reviewed on a case by case basis. A restored historic retaining wall located at 320 W. Main Street. cHapter 1: sIte plannIng & landscape desIgn P235 X.b 48 • City of Aspen • Historic Preservation Design Guidelines cHapter 1: sIte plannIng & landscape desIgn Cultural and Designed Landscapes In addition to architectural landmarks, Aspen has historical landscapes. Historic landscapes are just as important to preservation goals as buildings. All alterations to cultural and designed landscapes are considered on a case-by-case basis. Some architectural landmarks include designed landscapes and hardscapes that blend the building into the surrounding environment. These features are integral to the preservation of the historic site. 1.24 Preserve historically significant landscapes with few or no alterations. • An analysis of the historic landscape and an assessment of the current condition of the landscape should be done before the beginning of any project. • The key features of the historic landscape and its overall design intent must be preserved. 1.25 New development on these sites should respect the historic design of the landscape and its built features. • Do not add features that damage the integrity of the historic landscape. • Maintain the existing pattern of setbacks and siting of structures. • Maintain the historic relationship of the built landscape to natural features on the site. • All additions to these landscapes must be clearly identifiable as recent work. • New artwork must be subordinate to the designed landscape in terms of placement, height, material, and overall appearance. Place new art away from significant landscape features. • Avoid installing utility trenches in cultural landscapes if possible. 1.26 Preserve the historic circulation system. • Minimize the impact of new vehicular circulation. • Minimize the visual impact of new parking. • Maintain the separation of pedestrian and vehicle which occurred historically. Red Butte Cemetery, one of the three historic cemeteries in Aspen. Herbert Bayer’s 1955 Marble Garden at the Aspen Meadows. P236 X.b City of Aspen • Historic Preservation Design Guidelines • 49 cHapter 1: sIte plannIng & landscape desIgn 1.27 Preserve and maintain significant landscaping on site. • Protect established vegetation during any construction. • If any tree or shrub needs to be removed replace it with the same or similar species. • New planting should be of a species used historically or a similar species. • Maintain and preserve any gardens and/or ornamental planting on the site. • Maintain and preserve any historic landscape elements. In 1976, several downtown streets were redesigned as pedestrians malls. P237 X.b P238 X.b D esign g uidelines :r e HA bilitAtion P239 X.b 52 • City of Aspen • Historic Preservation Design Guidelines cHapter 2: BuIldIng MaterIals This chapter addresses the treatment of primary historic building materials—those that compose the dominant exterior surfaces of historic buildings. The treatment of materials used for architectural trim is addressed in a separate chapter. In Aspen, wood siding and masonry have been the typical primary building materials for both Aspen Victorian and AspenModern landmarks. For Aspen Victorian properties, horizontal clapboard is the most common material for residences. Most downtown buildings are brick or stone. AspenModern often used stucco, concrete block and brick. In each case, the distinct characteristics of the primary building material, including the scale of the material unit, its texture and finish, are key features that contribute to the historic character of a building. The best way to preserve historic building materials is through well-planned maintenance. It is important to inspect a historic building regularly. Horizontal building surfaces such as chimneys, caps, sills, railings, and parapet copings are likely to show the most wear because they are more exposed and may retain water for longer periods of time. When deterioration occurs, repairing the material rather than replacing it is preferred. It is important that the extent of replacement materials be minimized, because the original materials contribute to the authenticity of the property as a historic resource. Even when the replacement material exactly matches that of the original, the integrity of a historic building is to some degree compromised when extensive amounts are removed. This is because the original material exhibits a record of the labor and craftsmanship of an earlier time and this is lost when materials are replaced. It is also important to recognize that all materials weather over time and that an aged finish, or patina does not represent an inferior material, but simply reflects the longevity of the building. Preserving original materials that show signs of wear is therefore preferred to replacement. AspenModern properties which exhibit deterioration may require more substantial material replacement in order to preserve the original design intent. For example, CMU block that has been damaged over time may need to be entirely replaced in order to preserve the monochrome coloring or crisp edges indicative of the style. Approval of replacement materials on AspenModern properties is handled on a case by case basis. Treatment of Materials 2.1 Preserve original building materials. • Do not remove siding that is in good condition or that can be repaired in place. • Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations, should be preserved. • Avoid rebuilding a major portion of an exterior wall that could be repaired in place. Reconstruction may result in a building which no longer retains its historic integrity. • Original AspenModern materials may be replaced in kind if it has been determined that the weathering detracts from the original design intent or philosophy. c HApter 2: b uilding MAteriAls Policy: Historic building materials should be preserved in place whenever feasible. When the material is damaged, then limited replacement that matches the original in appearance should be considered. Primary historic building materials should never be covered or subjected to harsh cleaning treatments. P240 X.b City of Aspen • Historic Preservation Design Guidelines • 53 cHapter 2: BuIldIng MaterIals 2.2 The finish of materials should be as it would have existed historically. • Masonry naturally has a water-protective layer to protect it from the elements. Brick or stone that was not historically painted shall not be painted. • If masonry that was not painted historically was given a coat of paint at some more recent time, consider removing it, using appropriate methods. • Wood should be painted, stained or natural, as appropriate to the style and history of the building. Replacement of Materials 2.3 Match the original material in composition, scale and finish when replacing materials on primary surfaces. • If the original material is wood clapboard for example, then the replacement material must be wood as well. It should match the original in size, and the amount of exposed lap and finish. • Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. For AspenModern buildings, sometimes the replacement of a larger area is required to preserve the integrity of the design intent. 2.4 Do not use synthetic materials as replacements for original building materials. • Original building materials such as wood siding and brick should not be replaced with synthetic materials. Covering Materials 2.5 Covering original building materials with new materials is inappropriate. • Regardless of their character, new materials obscure the original, historically significant material. • Any material that covers historic materials may also trap moisture between the two layers. This will cause accelerated deterioration to the historic material which may go unnoticed. 2.6 Remove layers that cover the original material. • Once the non-historic siding is removed, repair the original, underlying material. Monitor the condition of horizontal surfaces that collect snow and water. Repair of historic siding in preparation for new paint. P241 X.b 54 • City of Aspen • Historic Preservation Design Guidelines Before: Building prior to alteration.After: A cornice has been installed over the original brick. cHapter 2: BuIldIng MaterIals Before: A sign was installed overtop of the original decorative molding. After: The molding after restoration. After: The same house after non-historic siding materials were removed to expose original clapboard. Before: The original siding on this house was covered with asbestos shingles. P242 X.b City of Aspen • Historic Preservation Design Guidelines • 55 cHapter 3: wIndows Background Windows are some of the most important character- defining features of historic structures. They give scale to buildings and provide visual interest to the composition of individual façades. In fact, distinct window designs help define many historic building styles. For example, AspenModern properties in the Wrightian/Organic style typically have mitered windows that blur the line between the outside and the inside. The treatment of a historic window and the addition of a new opening to a historic structure requires careful consideration. Key Features of Windows The size, shape, location, and proportions of historic windows are among their essential features. Many Aspen Victorian windows were “double hung” with two sliding vertical sashes. These windows were usually sparsely placed around the structure. In contrast, a key defining feature of the Modern Chalet is large areas of glazing spanning from floor to roofline. The design of window casings, the depth and profile of window sash elements and the materials of which they were constructed are also important features. Window Types Window types typically found on Aspen landmarks include: • Casement - Hinged windows that swing open typically to the outside. • Double Hung - Two sash elements, one above the other; both upper and lower sashes slide within tracks on the window jambs. • Single Hung - Two sash elements, one above the other; only the lower sash moves. • Fixed - The sash does not move. • Mitered - Also called butt glazed windows, two windows joined together create a 90 degree corner. Casement windows. Double hung windows. Policy: The character-defining features of historic windows and their distinctive arrangement on a wall should be preserved. This is especially important on primary façades. New windows should be in character with the historic building. c HApter 3: windows P243 X.b 56 • City of Aspen • Historic Preservation Design Guidelines cHapter 3: wIndows Deterioration of Historic Windows Properly maintained, original windows will provide excellent service for centuries. Most problems that occur result from a lack of proper maintenance. Water damage and the ultra-violet degradation caused by sunlight are major concerns, specifically for wood windows. If surfaces fail to drain properly, water may be introduced which quickly begins to cause material damage. In most cases, windows are protected if a good coat of paint or stain is maintained. Repair or Replacement of Historic Windows Whenever possible, repair a historic window, rather than replace it. In most cases it is in fact more economical to repair the existing frame and glass rather than to replace them. Even when replaced with an exact duplicate window, a portion of the historic building fabric is lost when new windows are installed, and therefore such treatment should be avoided. Inspect historic windows to determine their condition. Distinguish superficial signs of deterioration from actual failure of window components. Peeling paint, dried wood, or a rotted sill, for example, are serious problems, but often do not indicate that a window is beyond repair. Patching and splicing in new material for only those portions that are decayed is preferred. Complete window replacement will only be approved when unavoidable, on a case-by-case basis. While replacing an entire window assembly is discouraged, it may be necessary in some cases. When a window is to be replaced, the new one should match the appearance of the original to the greatest extent possible, including the material, size and proportion of window elements, glass and sash components, the original profile, and the original depth of the window opening. Energy Conservation In some cases, owners may be concerned that an older window is inefficient in terms of energy conservation. In winter, for example, heat loss associated with an older window may make a room uncomfortable and increase heating costs. In fact, most heat loss is associated with air leakage though gaps that are the result of a lack of maintenance, rather than loss of energy through the single pane of glass found in historic windows. The glazing compound may be cracked or missing, allowing air to move around the glass. Sash members also may have shifted, leaving a gap for heat loss. Adding a storm window, which Fixed windows. Mitered windows. P244 X.b City of Aspen • Historic Preservation Design Guidelines • 57 cHapter 3: wIndows Before: Window and door openings filled in with non-historic materials. was typical practice in the 19th century, or weather stripping successfully addresses air leakage while preserving the historic window. Treatment of Windows 3.1 Preserve the functional and decorative features of a historic window. • Features important to the character of a window include its frame, sash, muntins/mullions, sills, heads, jambs, moldings, operations, and groupings of windows. • Repair frames and sashes rather than replacing them. • Preserve the original glass. If original Victorian era glass is broken, consider using restoration glass for the repair. 3.2 Preserve the position, number, and arrangement of historic windows in a building wall. • Enclosing a historic window is inappropriate. • Do not change the size of an original window opening. Replacement of Windows that are Beyond Repair, or Have Been Removed 3.3 Match a replacement window to the original in its design. • If the original is double-hung, then the replacement window must also be double-hung. If the sash have divided lights, match that characteristic as well. 3.4 When replacing an original window, use materials that are the same as the original. 3.5 Preserve the size and proportion of a historic window opening. • Changing the window opening is not permitted. • Consider restoring an original window opening that was enclosed in the past. 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. • A historic window often has a complex profile. Within the window’s casing, the sash steps back to the plane of the glazing (glass) in several After: Restored storefront. P245 X.b 58 • City of Aspen • Historic Preservation Design Guidelines cHapter 3: wIndows After: Restored windows. Before: Look for evidence of original openings and restore. increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. • The historic profile on AspenModern properties is typically minimal. Adding Windows 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. Energy Conservation 3.8 Use a storm window to enhance energy conservation rather than replace a historic window. • Install a storm window on the interior, when feasible. This will allow the character of the original window to be seen from the public way. • If a storm window is to be installed on the exterior, match the sash design and material of the original window. It should fit tightly within the window opening without the need for sub-frames or panning around the perimeter. A storm window should not include muntins unless necessary for structure. Any muntin should be placed to match horizontal or vertical divisions of the historic window. Exterior mounted wood storm windows. P246 X.b City of Aspen • Historic Preservation Design Guidelines • 59 cHapter 4: doors Background Doors are important character-defining features of historic structures, which give scale to buildings and provide visual interest to the composition of individual façades. Many historic doors are noted for their materials, placement and finishes. Door Features Important features include the materials and details of the door itself, its frame, sill, head, jamb and any flanking windows or transoms. Door Types Door types found on historic structures in Aspen include: • Doorway with transom - Typically a wooden door topped with a rectangular transom with glass. • Half-lite door - This type of door has a wide sash of glass in the upper portion of the door. Many early Aspen houses have half-lite doors. • Full-lite door - This type of door is predominantly glass. • Paneled door - Wooden door with raised panels. • Slab door - A door without panels or glass. Full-lite door. Policy: The character-defining features of a historic door and its distinct materials and placement should be preserved. A new door should be in character with the historic building. c HApter 4: doors Doorway with transom. Half-lite door with double arched windows. Slab door. P247 X.b 60 • City of Aspen • Historic Preservation Design Guidelines cHapter 4: doors Deterioration A typical Aspen Victorian door is sheltered by a porch, which extends the life of the door. However, deterioration can still occur due to water damage, weathering, and constant use. AspenModern properties typically have minimal roof overhangs or porches. As a result of deterioration, some historic doors do not properly fit their openings and allow moisture and air into the building. Repair of Historic Doors A problem door sometimes just needs to be re-hung in order to properly work. If is often easier and more economical to repair an existing door rather than to replace it. This is preferred because the original materials contribute to the historic character of the building. Even when replaced with an exact duplicate, a portion of the historic building fabric is lost and such treatment should be avoided. When rehabilitating a historic door it is important to maintain original doors, jambs, transoms, window panes and hardware. Surfaces may require cleaning and patching and some components may be deteriorated beyond repair. Patching and splicing in new material for only those portions that are decayed should be considered in such a case, rather than replacing the entire door. Replacement Doors Replacing an entire door assembly is discouraged. When a door must be replaced, the new one should match the original. A frequent concern is the material of the replacement door. Using the same material as the original is required. If the historic door was wood, then use a wood replacement. It is important to preserve the original jamb when feasible. Door Function The historic front door on a primary façade must be the main entrance into the building. Aspen Victorians with two front doors are permitted to fix one of the doors in place so that it does not operate. The procedure to fix the door must be reversible. Energy Conservation Owners may be concerned about the energy efficiency of old doors that seem to leak cold air during the winter. Most heat loss is associated with air leakage through the space below the door. The most cost-effective energy conservation measure for a typical historic door is to install weather stripping Door at 827 dean street. P248 X.b Caption Caption City of Aspen • Historic Preservation Design Guidelines • 61 cHapter 4: doors along the door, to fit the door to the jamb and threshold and to caulk any window panes. These measures will dramatically reduce heat loss while preserving historic features. If additional energy savings are a concern, consider installing a storm door. This may be applied to the exterior of the door. If a storm door is to be installed, it should match the design and materials of the original door. Treatment of Existing Doors These guidelines for the treatment of doors apply to all existing and proposed exterior doors, and screen doors. 4.1 Preserve historically significant doors. • Maintain features important to the character of a historic doorway. These include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. • Do not change the position and function of original front doors and primary entrances. • If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. • Previously enclosed original doors should be reopened when possible. 4.2 Maintain the original size of a door and its opening. • Altering its size and shape is inappropriate. It should not be widened or raised in height. 4.3 When a historic door or screen door is damaged, repair it and maintain its general historic appearance. Replacement Doors 4.4 When replacing a door or screen door, use a design that has an appearance similar to the original door or a door associated with the style of the building. • A replica of the original, if evidence exists, is the preferred replacement. • A historic door or screen door from a similar building also may be considered. • Simple paneled doors were typical for Aspen Victorian properties. Many Victorian era homes in Aspen had two front doors; one for receiving guests and one for family use. A new screen door. An original screen door must be preserved. P249 X.b 62 • City of Aspen • Historic Preservation Design Guidelines cHapter 4: doors • Very ornate doors, including stained or leaded glass, are discouraged, unless photographic evidence can support their use. Adding Doors 4.5 Adding new doors on a historic building is generally not allowed. • Place new doors in any proposed addition rather than altering the historic resource. • Greater flexibility in installing a door in a new location may be considered on rear or secondary walls. • A new door in a new location should be similar in scale and style to historic openings on the building and should be a product of its own time. • Preserve the historic ratio of openings to solid wall on a façade. Significantly increasing the openings on a character defining façade negatively affects the integrity of a structure. Energy Conservation 4.6 If energy conservation and heat loss are concerns, use a storm door instead of replacing a historic entry door. • Match the material, frame design, character, and color of the primary door. • Simple features that do not detract from the historic entry door are appropriate for a new storm door. • New storm or screen doors should be in character with the primary door. Door Hardware 4.7 Preserve historic hardware. • When new hardware is needed, it must be in scale with the door and appropriate to the style of the building. • On Aspen Victorian properties, conceal any modern elements such as entry key pads. A decorative door knob. P250 X.b City of Aspen • Historic Preservation Design Guidelines • 63 cHapter 5: porcHes & BalconIes Background In the 19th century, front, side and rear porches were popular features in residential design. A porch protects an entrance from snow and provides shade in the summer. It also provides a sense of scale and aesthetic quality to the façade of a building. A porch often connects a house to its context by orienting the entrance to the street. Because of their importance as character-defining features, porches should receive sensitive treatment during exterior rehabilitation and restoration work. Some AspenModern styles employed recessed entries and roof overhangs as porches. Open balconies are common on Chalet and Modern Chalet buildings. Key Features Porches and balconies vary as much as architectural styles. They differ in height, scale, location, materials and articulation. A porch or balcony may be cut in, project or wrap around a corner and it may have elaborate details and finishes. Although they vary in character, most Aspen Victorian porches have these elements in common: • Balustrades or railings • Posts/columns • Architectural details • Hipped/shed/flat roofs These elements often correspond to the architectural style of the house and therefore, the building’s design character should be considered before any major rehabilitation or restoration work is done. AspenModern properties sometimes feature traditional porches, but may have balconies which run the full width or length of a structure and sit 1/2 story of a full story above the ground. The balustrade may be decorative or simple squared rails. Policy: An original porch or balcony should be preserved. In cases where the feature has been altered, it should be restored to its original appearance. c HApter 5: p orcHes & bAlconies An entry porch on a Pan Abode building. A Victorian porch. A balcony on a Chalet. P251 X.b 64 • City of Aspen • Historic Preservation Design Guidelines cHapter 5: porcHes & BalconIes Deterioration Because of constant exposure to sun and rain and the fact that a porch or balcony is open to the elements, it decays faster than other portions of a building. Furthermore, if water is not channeled away from the foundation of a porch, its footings may be damaged. Peeling paint is a common symptom. In some cases a porch or balcony may experience sagging or detachment from the main structure due to settling. Repair of Porches After discovering structural or cosmetic problems, a porch or balcony should be repaired rather than replaced. Repair is preferred to replacement because the original materials contribute to the historic character of the porch. Even when replaced with an exact duplicate, a portion of the historic building fabric is lost; therefore, such treatment should be avoided when feasible. Reconstructing a porch or balcony that is beyond repair or has been removed When reconstruction is necessary, research the history of the building to determine the original design of the feature. Look for physical evidence including “ghost lines” on walls that indicate the outline of the features as it once existed. Reference similar buildings for guidance if needed. Treatment 5.1 Preserve an original porch or balcony. • Replace missing posts and railings when necessary. Match the original proportions, material and spacing of balusters. • Expanding the size of a historic porch or balcony is inappropriate. 5.2 Avoid removing or covering historic materials and details. • Removing an original balustrade, for example, is inappropriate. 5.3 Enclosing a porch or balcony is not appropriate. • Reopening an enclosed porch or balcony is appropriate. Before: A historic porch where the original posts and details were replaced with an inaccurate design. Handrails are susceptible to deterioration. After: A restored porch based on historic documentation. P252 X.b City of Aspen • Historic Preservation Design Guidelines • 65 cHapter 5: porcHes & BalconIes cHapter 5: porcHes & BalconIes Reconstruction 5.4 If reconstruction is necessary, match the original in form, character and detail. • Match original materials. • When reconstructing an original porch or balcony without historic photographs, use dimensions and characteristics found on comparable buildings. Keep style and form simple with minimal, if any, decorative elements. Steps, Handrails, and Guardrails 5.5 If new steps are to be added, construct them out of the same primary materials used on the original, and design them to be in scale with the porch or balcony • Steps should be located in the original location. • Step width should relate to the scale of entry doors, spacing between posts, depth of deck, etc. • Brick, red sandstone, grey concrete, or wood are appropriate materials for steps. 5.6 Avoid adding handrails or guardrails where they did not exist historically, particularly where visible from the street. • If handrails or guardrails are needed according to building code, keep their design simple in character and different from the historic detailing on the porch or balcony. Before: An enclosed porch significantly changes the character of the historic structure. After: The porch is restored, based on historic documentation. P253 X.b 66 • City of Aspen • Historic Preservation Design Guidelines cHapter 6: arcHItectural detaIls Background Architectural details play several roles in defining the character of a historic structure. They add visual interest, distinguish certain building styles and types, and often showcase superior craftsmanship. While architectural details on many styles are ornamental in nature, some are very simple. In both cases, the character of the details contributes to the significance of historic properties. Features such as window hoods, brackets and posts exhibit materials and finishes often associated with particular styles. Treatment & Repair Preserving original architectural details is critical to the integrity of the building. Where replacement is required, one should remove only those portions that are deteriorated beyond repair. Even if an architectural detail is replaced with an exact copy of the original, the integrity of the building as a historic resource is diminished. Therefore, preservation of the original material is preferred. Replacement Using a material to match the historic material is always the best approach. In unique circumstances, a substitute material may be considered when it appears similar in composition, design, color, and texture to the original. Substitute materials may be considered when the original is not available, where the original is known to be susceptible to rapid decay, or where maintenance access may be difficult. Treatment of Architectural Features 6.1 Preserve significant architectural features. • Repair only those features that are deteriorated. • Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized preservation methods whenever possible. • On AspenModern properties, repair is preferred, however, it may be more important to preserve the Policy: Architectural details help establish a historic building’s distinct visual character and should be preserved. If architectural details are damaged beyond repair, replacements should match the original detailing. c HApter 6: Arc HitecturA l detAils An ornate Queen Anne home. Simple miner’s cottage with ornate details. P254 X.b City of Aspen • Historic Preservation Design Guidelines • 67 cHapter 6: arcHItectural detaIls integrity of the original design intent, such as crisp edges, rather than to retain heavily deteriorated material. 6.2 When disassembly of a historic element is necessary for its restoration, use methods that minimize damage to the original material. • Document its location so it may be repositioned accurately. Always devise methods of replacing the disassembled material in its original configuration. 6.3 Remove only the portion of the detail that is deteriorated and must be replaced. • Match the original in composition, scale, and finish when replacing materials or features. • If the original detail was made of wood, for example, then the replacement material should be wood, when feasible. It should match the original in size and finish. 6.4 Repair or replacement of missing or deteriorated features are required to be based on original designs. • The design should be substantiated by physical or pictorial evidence to avoid creating a misrepresentation of the building’s heritage. • When reconstruction of an element is impossible because there is no historical evidence, develop a compatible new design that is a simplified interpretation of the original, and maintains similar scale, proportion and material. 6.5 Do not guess at “historic” designs for replacement parts. • Where scars on the exterior suggest that architectural features existed, but there is no other physical or photographic evidence, then new features may be designed that are similar in character to related buildings. • Using ornate materials on a building or adding new conjectural detailing for which there is no documentation is inappropriate. Broken balusters within this railing were carefully replicated. The Health Club at the Aspen Meadows features a simple, but carefully detailed fascia. A portion of the metal crown on the Elks Building was missing and needed to be replicated. The restored dome on the Elks Building. P255 X.b 68 • City of Aspen • Historic Preservation Design Guidelines cHapter 7: rooFs Background The character of the roof is a major feature for most historic structures. In each case, the roof pitch, materials, size and orientation are all distinct features that contribute to its character. Aspen Victorian properties have a range of gabled, hip, shed, and flat roof forms depending on building type. AspenModern properties typically have a range of gable, parabolic, butterfly or flat roof forms depending on the architectural style. Although the function of a roof is to protect a structure from the elements, it contributes to overall architectural character of the building. Characteristics Most Associated with Aspen Architectural Styles • Deep Overhangs - Chalet, Modern Chalet, Rustic, Wrightian • Flat roof, minimal eaves - Modern • Gables, shed - Victorian Deterioration The roof is the structure’s main defense against the elements. Over time all components of the roofing system are vulnerable to leaking and damage. When the roof begins to experience failure it can affect other parts of the structure by no longer acting as a barrier from water, wind, and exposure. Common sources of roof leaks include: • Cracks in chimney masonry • Loose flashing around chimneys and ridges • Loose or missing roof shingles • Cracks in roof membranes caused by settling rafters • Water backup from plugged gutters • Ice dams Policy: The character of a historical roof, including its form and materials, should be preserved. c HApter 7: roofs Deep overhangs on a Chalet. An A-Frame roof form on a Fritz Benedict designed home. P256 X.b City of Aspen • Historic Preservation Design Guidelines • 69 cHapter 7: rooFs Repairing a Historic Roof When repairing a historic roof it is important to preserve its historic character. It is not appropriate to alter the pitch of a historic roof, or to change the orientation of the roof to the street. Eave overhangs are extremely important to the style of the house and should be preserved. Gutters, Downspouts, Snowstops, and Snow Fences Gutters and downspouts are used to divert water away from a structure. Without this drainage system, water may splash off the roof onto exterior walls and run along the foundation of the building. Snowstops and snow fences are used to protect inhabitants and the building from the sudden snow avalanches that rip off architectural details and can cause serious injury. Gutters can be seen in some 19th century photos of historic buildings and are more common on AspenModern structures. Overall, the visual impact of these functional elements should be minimized. Dormers Historically, a dormer was sometimes added to create more head room and light in an attic. It typically had a vertical emphasis and was usually placed as a single element or in a pair on a roof. A dormer did not dominate a roof form. A new dormer should always read as a subordinate element to the primary roof plane. A new dormer should never be so large that the original roof line is obscured. It should also be set back from the roof edge and located below the roof ridge. In addition, the style of the new dormer should be in keeping with that of the building. Dormers are generally foreign to some architectural styles, such as Modernism. Roof Materials Exterior roof materials like shingles are usually not original on Aspen Victorian properties due to age and replacement over time. Periodic replacement of roofing is accepted. However, roof sheathing and structure is typically original on most of these buildings should be preserved. When repairing or altering a historic roof, do not remove significant materials that are in good condition. Always repair materials when feasible. For example, sister beams when roof rafters need more structural integrity rather than removing and replacing the element. Where replacement is necessary, use a material that is similar to the original in style and texture. Some AspenModern styles exposed roof rafters under deep overhangs as part of the architectural style. These character defining features must be preserved. Preserve original roof cresting, as found on the Sardy House. P257 X.b 70 • City of Aspen • Historic Preservation Design Guidelines cHapter 7: rooFs Additions to Roofs Many Aspen residences have original chimneys. Wood burning appliances are no longer allowed in the City of Aspen, which means that historic chimneys are being retrofitted to accommodate other vents. New venting of any type added to a roof should be low profile, carefully located, and painted a matte black or dark color to not detract from the historic chimney. Treatment of Roofs 7.1 Preserve the original form of a roof. • Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from the street. • Retain and repair original and decorative roof detailing. • Where the original roof form has been altered, consider restoration. 7.2 Preserve the original eave depth. • Overhangs contribute to the scale and detailing of a historic resource. • AspenModern properties typically have very deep or extremely minimal overhangs that are key character defining features of the architectural style. 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Skylights and solar panels are generally not allowed on a historic structure. These elements may be appropriate on an addition. 7.4 New vents should be minimized, carefully, placed and painted a dark color. • Direct vents for fireplaces are generally not permitted to be added on historic structures. • Locate vents on non-street facing facades. • Use historic chimneys as chases for new flues when possible. 7.5 Preserve original chimneys, even if they are made non-functional. • Reconstruct a missing chimney when documentation exists. 7.6 A new dormer should remain subordinate to the historic roof in scale and character. • A new dormer is not appropriate on a primary, These new chimney vents are consistent with the building type, located behind the ridgeline, and a dark color. This non-historic chimney is overscaled for the miner’s cottage. Before: Skylights are inappropriate on a miner’s cottage. After: The historic resource after the skylights were removed. P258 X.b City of Aspen • Historic Preservation Design Guidelines • 71 cHapter 7: rooFs character defining façade. • A new dormer should fit within the existing wall plane. It should be lower than the ridgeline and set in from the eave. It should also be in proportion with the building. • The mass and scale of a dormer addition must be subordinate to the scale of the historic building. • While dormers improve the livability of upper floor spaces where low plate heights exist, they also complicate the roof and may not be appropriate on very simple structures. • Dormers are not generally not permitted on AspenModern properties since they are not characteristic of these building styles. Materials 7.7 Preserve original roof materials. • Avoid removing historic roofing material that is in good condition. When replacement is necessary, use a material that is similar to the original in both style as well as physical qualities and use a color that is similar to that seen historically. 7.8 New or replacement roof materials should convey a scale, color and texture similar to the original. • If a substitute is used, such as composition shingle, the roof material should be earth tone and have a matte, non-reflective finish. • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non-reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate for a secondary structure from that time period. • A metal roof material should have a matte, non- reflective finish and match the original seaming. 7.9 Avoid using conjectural features on a roof. • Adding ornamental cresting, for example, where there is no evidence that it existed, creates a false impression of the building’s original appearance, and is inappropriate. Before: A historic resource before dormers were added. After: New dormers that are too large can change the massing of the original building. Preserve original roof material when possible. P259 X.b 72 • City of Aspen • Historic Preservation Design Guidelines cHapter 7: rooFs 7.10 Design gutters so that their visibility on the structure is minimized to the extent possible. • Downspouts should be placed in locations that are not visible from the street if possible, or in locations that do not obscure architectural detailing on the building. • The material used for the gutters should be in character with the style of the building. These simple gutters are in character with a miner’s cottage. P260 X.b City of Aspen • Historic Preservation Design Guidelines • 73 cHapter 8: secondary structures This chapter addresses the treatment of secondary structures. These guidelines apply in addition to the guidelines for treatment of doors, windows, roofs, materials, additions and architectural details presented in the preceding chapters. Secondary structures include detached garages, carriage houses, and sheds. Traditionally, these structures were important elements of 19th century residential sites in particular. Secondary structures help interpret how an entire site was used historically. Most secondary structures are simple in form, materials, and detailing, reflecting their more utilitarian functions. Because secondary structures are subordinate to a primary building, greater flexibility in their treatment may be considered, but their preservation is a priority. Secondary Structures 8.1 If an existing secondary structure is historically significant, then it must be preserved. • When treating a historic secondary building, respect its character-defining features. These include its materials, roof form, windows, doors, and architectural details. • If a secondary structure is not historically significant, then its preservation is optional. The determination of significance is based on documentation of the construction date of the outbuilding and/or physical inspection. A secondary structure that is related to the period of significance of the primary structure will likely require preservation. 8.2 Preserve a historic secondary building as a detached structure. • Any proposal to attach a secondary structure is reviewed on a case-by-case basis. • The position and orientation of the structure • should be maintained except when HPC finds that an alternative is the best preservation option. • Some AspenModern properties incorporated garages and carports into the architecture. This pattern should be maintained. This carriage house illustrates how Victorian secondary buildings were typically placed along alleys. Policy: When a secondary structure is determined to be historically significant, it must be preserved. This may include keeping the structure in its present condition or, rehabilitating it or adapting it to a new use so that the building continues to serve a useful function. Note: Outbuildings often encroach into the alleys or at least into setbacks. The owner should be aware of variances or encroachment licenses that may be required to renovate these buildings. Typically an outbuilding that is over a property line must be moved entirely onto one lot during a major redevelopment. c HApter 8: s econdAry structures P261 X.b Policy: An original porch should be preserved. In cases where the porch has been altered, it should be restored to its original appearance. 74 • City of Aspen • Historic Preservation Design Guidelines cHapter 8: secondary structures 8.3 Do not add detailing or features to a secondary structure that are conjectural and not in keeping with its original character as a utilitarian structure. • Most secondary structures are basic rectangular solids, with simple finishes and no ornamentation. 8.4 When adding on to a secondary structure, distinguish the addition as new construction and minimize removal of historic fabric. • Additions to a secondary structure must be smaller in footprint than the original building and lower in height. Maintaining the overall mass and scale is particularly important. • Do not alter the original roof form. • An addition must be inset from the corners of the wall to which it attaches. 8.5 Preserve the original building materials, or match in kind when necessary. 8.6 Preserve original door and window openings and minimize new openings. • If an original carriage door exists, and can be made to function for automobile use, this is preferred. 8.7 If a new garage door is added, it must be compatible with the character of the historic structure. • The materials and detailing should be simple. 8.8 Adaptation of an obsolete secondary structure to a functional use is encouraged. • The reuse of any secondary structure should be sensitive so that its character is not lost. After: The same outbuilding, after restoration, contributes to the collection of small structures along the alley. Before: Outbuildings can fall into disuse and disrepair. When converting an outbuilding for vehicular use, install a simple garage door. This former barn has been adapted for residential use, with character defining features preserved. P262 X.b d esign g uidelines : n ew c onstruction P263 X.b 76 • City of Aspen • Historic Preservation Design Guidelines cHapter 9: excavatIon, BuIldIng relocatIon, & FoundatIons This chapter presents guidelines for constructing basements, relocating historic structures and installing new foundations. The guidelines apply to primary and secondary structures. The original placement of a building on its site is an important aspect of history, contributes to integrity and authenticity, and should be preserved. Historic records indicate that structures have been occasionally moved within the City reaching back into the Victorian era, therefore, some precedent exists. Today, however, such relocation must be considered carefully. Installing a foundation that meets modern standards can be very beneficial to the long term condition of the building. Ideally the structure will not be permanently repositioned as part of this process. It may be acceptable to reposition a structure on its original site if doing so will accommodate other compatible improvements that will assure preservation. For example, if a house straddles two parcels, shifting it to one side may accommodate construction of a new, detached structure. Doing so may better protect the scale of the original structure, as opposed to erecting a large addition in close proximity to the landmark. Preserving Building Locations and Foundations 9.1 Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. • This activity will require the same level of documentation, structural assessment, and posting of financial assurances as a building relocation. 9.2 Proposals to relocate a building will be considered on a case-by-case basis • In general, on-site relocation has less of an impact on individual landmark structures than those in a historic district. • In a district, where numerous adjacent historic structures may exist, the way that buildings were placed on the site historically, and the open yards visible from the street are characteristics that should be respected in new development. • Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building relocation. • In some cases, the historic significance of the structure, the context of the site, the construction technique, and the architectural style may make on-site relocation too impactful to be appropriate. It must be demonstrated that on-site relocation is the best preservation alternative in order for approval to be granted. • If relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade, it is not an appropriate preservation option. 9.3 Site a relocated structure in a position similar to its historic orientation. • It must face the same direction and have a relatively similar setback. In general, a forward movement, rather than a lateral movement is preferred. HPC will consider setback variations Policy: Moving a historic structure is discouraged; however, in some instances it may be the most appropriate option. Generally, buildings must be relocated within the boundaries of their original site. Permanent off-site relocation is detrimental and will only be allowed when no other preservation alternative is available. c HApter 9: e xcAvAtion , b uilding r elocAtion & foundAtions P264 X.b City of Aspen • Historic Preservation Design Guidelines • 77 cHapter 9: excavatIon, BuIldIng relocatIon, & FoundatIons where appropriate. • A primary structure may not be moved to the rear of the parcel to accommodate a new building in front of it. • Be aware of potential restrictions against locating buildings too close to mature trees. Consult with the City Forester early in the design process. Do not relocate a building so that it becomes obscured by trees. 9.4 Position a relocated structure at its historic elevation above grade. • Raising the finished floor of the building slightly above its original elevation is acceptable if needed to address drainage issues. A substantial change in position relative to grade is inappropriate. • Avoid making design decisions that require code related alterations which could have been avoided. In particular, consider how the relationship to grade could result in non-historic guardrails, etc. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. 9.6 Minimize the visual impact of lightwells. • The size of any lightwell that faces a street should be minimized. • Lightwells must be placed so that they are not immediately adjacent to character defining features, such as front porches. • Lightwells must be protected with a flat grate, rather than a railing or may not be visible from a street. • Lightwells that face a street must abut the building foundation and generally may not “float” The original sandstone was used as a veneer on this foundation after a new basement was built. Storing the historic resource on site during construction of the new foundation is strongly preferred. P265 X.b 78 • City of Aspen • Historic Preservation Design Guidelines cHapter 9: excavatIon, BuIldIng relocatIon, & FoundatIons in the landscape except where they are screened, or on an AspenModern site. 9.7 All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings, or can document adequate experience in successfully relocating such buildings. • The specific methodology to be used in relocating the structure must be approved by the HPC. • During the relocation process, panels must be mounted on the exterior of the building to protect existing openings and historic glass. Special care shall be taken to keep from damaging door and window frames and sashes in the process of covering the openings. Significant architectural details may need to be removed and securely stored until restoration. • The structure is expected to be stored on its original site during the construction process. Proposals for temporary storage on a different parcel will be considered on a case by case basis and may require special conditions of approval. • A historic resource may not be relocated outside of the City of Aspen. 9.8 Proposals to relocate a building to a new site are highly discouraged. • Permanently relocating a structure from where it was built to a new site is only allowed for special circumstances, where it is demonstrated to be the only preservation alternative. Temporary off-site storage of a structure requires special efforts to protect historic features. P266 X.b City of Aspen • Historic Preservation Design Guidelines • 79 cHapter 10: BuIldIng addItIons Background This chapter presents guidelines for the construction of additions to historic structures. They apply to primary and secondary structures. Some special references are made to additions planned in historic districts. Many historic buildings in Aspen, including secondary structures, were expanded over time as the need for more space occurred. Typically the addition was subordinate in scale and character to the main building. The height of the addition was usually lower than that of the main structure and was often located to the side or rear, such that the original building retained its prominence. The addition was often constructed of materials that were similar to those used on the original structure. This tradition of adding onto buildings is appropriate to continue. It is important, however, that a new addition be designed in such a manner that it preserves the historic character of the original structure. Existing Additions An existing addition may have taken on historic significance itself. It may have been constructed to be compatible with the original building and it may be associated with the period of historic significance, thereby meriting preservation in its own right. Such an addition should be carefully evaluated before developing plans that may involve its alteration. In some cases, an early alteration that has taken on significance actually contrasts with the original building, for example, a Modernist addition that was constructed on a Chalet style structure. The change reflects the evolution of the property. This type of addition could be significant and worthy of preservation. The majority of more recent additions usually have no historic significance. Some later additions in fact detract from the character of the building, and may obscure significant features. Removing such noncontributing additions is encouraged. Basic Principles for New Additions When planning an addition to a historic building, minimize negative effects to the historic building fabric. Alterations and additions should reflect their own time while being subordinate and supportive of the historic resource. The addition shall not affect the architectural character of the building. In most cases, loss of character can be avoided by locating the addition to the rear. The overall design of the addition must be in keeping with the historic structure and be distinguishable from the historic portion. This philosophy balances new and old construction and allows the evolution of the building to be understood. Keeping the size of the addition small and subordinate, in relation to the main structure, helps minimize its visual impacts. An addition must be set apart from the historic building, and connected with a one story linking element. This creates a break between new and old construction and will help maintain the perceived scale and proportion of the historic resource. In historic districts, consider the effect the addition may have on the character of the area, as seen from the public right-of-way. For example, a side addition may change the sense of rhythm established by side yards in the block. Locating the addition to the rear c HApter 10: building A dditions Policy: A new addition to a historic building must be designed such that the character of the original structure is maintained. It shall also be subordinate in appearance to the main building. Previous additions that have taken on significance must be preserved. P267 X.b 80 • City of Aspen • Historic Preservation Design Guidelines cHapter 10: BuIldIng addItIons would be a better solution in such a case. When designing an addition to a building, it is also important to remember that the maximum potential floor area in the Land Use Code is not guaranteed if it cannot be appropriately accommodated on the site. In some cases, smaller additions may be necessary. Approval for Transferrable Development Rights may be sought if unbuilt floor area cannot be accommodated on the site. Existing Additions 10.1 Preserve an older addition that has achieved historic significance in its own right. 10.2 A more recent addition that is not historically significant may be removed. • For Aspen Victorian properties, HPC generally relies on the 1904 Sanborn Fire Insurance maps to determine which portions of a building are historically significant and must be preserved. • HPC may insist on the removal of non-historic construction that is considered to be detrimental to the historic resource in any case when preservation benefits or variations are being approved. Before: An addition extended the length of the cross gable and porch on this house, significantly altering its character. After: The same house after the non-historic addition was removed and the building was restored using historic photos. After: The same building after restoration. Before: Additions on the front of this structure, and an application of stucco masked the architectural significance of the building. P268 X.b City of Aspen • Historic Preservation Design Guidelines • 81 The rear addition varies from the form of the resource, but addresses the materiality and fenestration. New Additions 10.3 Design a new addition such that one’s ability to interpret the historic character of the primary building is maintained. • A new addition must be compatible with the historic character of the primary building. • An addition must be subordinate, deferential, modest, and secondary in comparison to the architectural character of the primary building. • An addition that imitates the primary building’s historic style is not allowed. For example, a new faux Victorian detailed addition is inappropriate on an Aspen Victorian home. • An addition that covers historically significant features is inappropriate. • Proposals on corner lots require particular attention to creating compatibility. 10.4 The historic resource is to be the focus of the property, the entry point, and the predominant structure as viewed from the street. • The historic resource must be visually dominant on the site and must be distinguishable against the addition. • The total above grade floor area of an addition may be no more than 100% of the above grade floor area of the original historic resource. All other above grade development must be completely detached. HPC may consider exceptions to this policy if two or more of the following are met: • The proposed addition is all one story. • The footprint of the new addition is closely related to the footprint of the historic resource and the proposed design is particularly sensitive to the scale and proportions of the historic resource. • The project involves the demolition and replacement of an older addition that is considered to have been particularly detrimental to the historic resource. • The interior of the resource is fully utilized, containing the same number of usable floors as existed historically. • The project is on a large lot, allowing the addition to have a significant setback from the street. • There are no variance requests in the application other than those related to historic conditions that aren’t being changed. cHapter 10: BuIldIng addItIons An addition that does not provide a transition between old and new, and imitates the original building is no longer allowed. A side and rear addition that uses materials to differentiate between new and old construction. P269 X.b 82 • City of Aspen • Historic Preservation Design Guidelines • The project is proposed as part of a voluntary AspenModern designation, or • The property is affected by non-preservation related site specific constraints such as trees that must be preserved, Environmentally Sensitive Areas review, etc. 10.5 On a corner lot, no portion of an addition to a one story historic resource may be more than one story tall, directly behind that resource, unless completely detached above grade by a distance of at least 10 feet HPC may consider exceptions to this policy if two or more of the following are met: • The connector element that links the new and old construction is a breezeway or transparent corridor, well recessed from the streetfacing side(s) of the historic resource and the area of two story construction that appears directly behind the one story historic resource is minimal • The footprint of the new addition is closely related to the footprint of the historic resource and the proposed design is particularly sensitive to the scale and proportions of the historic resource • The project involves the demolition and replacement of an older addition that is considered to have been particularly detrimental to the historic resource • The interior of the resource is fully utilized, containing the same number of usable floors as existed historically • There are no variance requests in the application other than those related to historic conditions that aren’t being changed • The project is proposed as part of a voluntary AspenModern designation, or • The property is affected by non-preservation related site specific constraints such as trees that must be preserved, Environmentally Sensitive Areas review, etc. 10.6 Design a new addition to be recognized as a product of its own time. • An addition shall be distinguishable from the historic building and still be visually compatible with historic features. • A change in setbacks of the addition from the historic building, a subtle change in material, or a modern interpretation of a historic style are all techniques that may be considered to help define a change from historic construction to new cHapter 10: BuIldIng addItIons This addition to this Victorian is clad entirely in brick to distinguish itself from the original clapboard sided Victorian. This addition is taller than the resource, but setback on the lot and scaled in a sympathetic manner. P270 X.b City of Aspen • Historic Preservation Design Guidelines • 83 cHapter 10: BuIldIng addItIons construction. • Do not reference historic styles that have no basis in Aspen. • Consider these three aspects of an addition; form, materials, and fenestration. An addition must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • Note that on a corner lot, departing from the form of the historic resource may not be allowed. • There is a spectrum of appropriate solutions to distinguishing new from old portions of a development. Some resources of particularly high significance or integrity may not be the right instance for a contrasting addition. 10.7 When planning an addition to a building in a historic district, preserve historic alignments on the street. • Some roof lines and porch eaves on historic buildings may align at approximately the same height. An addition can not be placed in a location where these relationships would be altered or obscured. 10.8 Design an addition to be compatible in size and scale with the main building. • An addition that is lower than, or similar to the height of the primary building, is preferred. 10.9 If the addition is taller than a historic building, set it back from significant façades and use a “connector” to link it to the historic building. • Only a one-story connector is allowed. • Usable space, including decks, is not allowed on top of connectors unless the connector has limited visibility and the deck is shielded with a solid parapet wall. • In all cases, the connector must attach to the historic resource underneath the eave. • The connector shall be a minimum of 10 feet long between the addition and the primary building. • Minimize the width of the connector. Ideally, it is no more than a passage between the historic resource and addition. The connector must reveal the original building corners. The connector may not be as wide as the historic resource. The side addition and connecting element on a lot with no alley use simple forms and contemproary materials. A low profile flat roof rear addition hides the new construction behind the landmark. An addition that uses traditional forms with contemproary architectural details and materials. P271 X.b 84 • City of Aspen • Historic Preservation Design Guidelines cHapter 10: BuIldIng addItIons 10.10 Place an addition at the rear of a primary building or set it back substantially from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. • Locating an addition at the front of a primary building is inappropriate. • Additions to the side of a primary building are handled on a case-by-case basis and are approved based on site specific constraints that restrict rear additions. • Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. 10.11 Roof forms shall be compatible with the historic building. • A simple roof form that does not compete with the historic building is appropriate. • On Aspen Victorian properties, a flat roof may only be used on an addition to a gable roofed structure if the addition is entirely one story in height, or if the flat roofed areas are limited, but the addition is primarily a pitched roof. 10.12 Design an addition to a historic structure that does not destroy or obscure historically important architectural features. • Loss or alteration of architectural details, cornices, and eavelines must be avoided. Rooftop Additions on Flat Roofed Buildings 10.13 When constructing a rooftop addition, keep the mass and scale subordinate to that of the historic building. 10.14 Set a rooftop addition back from the street facing façades to preserve the original profile of the historic resource. • Set the addition back from street facing façades a distance approximately equal to its height. 10.15 The roof form of a rooftop addition must be in character with the historic building. This rooftop addition is subordinate to the architecture of the original historic resource. This lot could not accomodate a rear addition. This side addition is successful because of simplicity, scale & separation. P272 X.b City of Aspen • Historic Preservation Design Guidelines • 85 cHapter 11: new BuIldIngs on landMarked propertIes The City provides several incentives for residential property owners to divide the square footage that could be built on a landmark parcel into two or more separate structures, to reduce the size of an addition made to a historic house and to reinforce the original character of many of Aspen’s neighborhoods, which had small buildings on 3,000 square foot lots. To determine if a property is eligible for a historic lot split to subdivide ownership of such structures, refer to the Aspen Municipal Code. Designing a new building to fit within the historic character of a landmarked property requires careful thought. Preserving a historic property does not mean it must be “frozen” in time, but it does mean that a new building should be designed in a manner that reinforces the basic visual characteristics of the site. The new building should not look old: imitating historic styles is inappropriate. It is appropriate to convey the evolution of the property and neighborhood, discerning the apparent age of each building by its style, materials, and method of construction. A new design must relate to the fundamental characteristics of the historic resource (site, location, mass, form, materials, details) and be “of it’s own time.” For instance, a traditional form may have contemporary materials and windows to balance new and old construction. On the other hand, a contemporary form may have traditional materials that relate to the resource to maintain a strong dialogue between new and old construction. Simplicity and modesty in design are encouraged. Building Orientation Aspen Victorian buildings are usually oriented with the primary entrance facing the street. This helps establish a pedestrian-friendly quality. AspenModern buildings have a range of orientations depending on the design philosophy of the architect. For example, a Chalet style building is often sited at an angle to face mountain views. Building Alignment A front yard serves as a transitional space between the public sidewalk and the private building entry. In many blocks, front yards are similar in depth, resulting in a relatively uniform alignment of building fronts which contributes to the sense of visual continuity. Maintaining the established range of setbacks is therefore preferred. Mass and Scale A new building must be compatible in mass and scale with its historic neighbor and not overwhelm it. At the same time, minimizing any addition to the historic resource and shifting square footage to the new structure is generally desired. Building Form Most historic buildings in Aspen are composed of simple forms - a simple rectangular solid is typical. In some cases, a building consists of a combination of simple forms. A new building should respect these traditions. c HA pter 11: n ew b uildings on l A nd MA rked p roperties Policy: New detached buildings may be constructed on a parcel that includes a landmarked structure. It is important that the new building be compatible and not dominate the historic structure. Note: The Residential Design Standards described in the Aspen Municipal Code apply in addition to these guidelines. P273 X.b 86 • City of Aspen • Historic Preservation Design Guidelines cHapter 11: new BuIldIngs on landMarked propertIes This new home is strongly related to the scale and forms of the adjacent Victorian. This new structure uses Victorian inspired forms and materials, but a contemporary approach to fenestration. Building Placement 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case by case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. Mass and Scale 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. • The front porch shall be functional, and used as the means of access to the front door. • A new porch must be similar in size and shape to those seen traditionally. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. • Reflect the heights and proportions that characterize the historic resource. 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. 11.5 The intent of the historic landmark lot split is to remove most of the development potential from the historic resource and place it in the new structure(s). • This should be kept in mind when determining how floor area will be allocated between structures proposed as part of a lot split. 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project must relate strongly to the historic resource in P274 X.b City of Aspen • Historic Preservation Design Guidelines • 87 at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale. • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. 11.7 The imitation of older historic styles is discouraged. • This blurs the distinction between old and new buildings. • Overall, details shall be modest in character. This new home reinterprets the roof form and balcony found on the Chalet home next door. The adjacent Chalet. cHapter 11: new BuIldIngs on landMarked propertIes P275 X.b P276 X.b d esign g uidelines : g ener A l P277 X.b 90 • City of Aspen • Historic Preservation Design Guidelines cHapter 12: accessIBIlIty, arcHItectural lIgHtIng, MecHanIcal equIpMent, servIces areas, & sIgnage Accessibility In 1990, the passage of the Americans with Disabilities Act (ADA) mandated that all places of public accommodation be made accessible to everyone. This includes historic structures that are used for commercial and multifamily purposes. While all buildings must comply, alternative measures may be considered to ensure the integrity of a historic resource. Lighting The character and intensity of outdoor lighting is a concern in the community. Exterior lighting should be shielded in keeping with “Dark Skies” inspired policies. The City of Aspen has lighting standards which must be met in addition to HPC guidelines. Mechanical Equipment & Service Areas New technologies in heating, ventilating and telecommunications have introduced mechanical equipment into historic areas where they were not seen traditionally. The visual impacts of such systems should be minimized such that one’s ability to perceive the historic character of the context is maintained. Locating equipment such that it is screened from public view is the best approach. Awnings Large fabric awnings were common on commercial buildings in the 19th century, helping to cool the interior and providing shelter for storefronts. They are not typical of AspenModern buildings, where a brise soleil or similar cantilevered element served the purpose of an awning. Signs Signs should not detract from character defining elements of a historic structure. Where possible, free standing signs, rather than signs mounted on buildings are preferred. Sign lighting should be minimized or concealed. The City of Aspen has a sign code that must be met in addition to HPC guidelines. Accessibility 12.1 Address accessibility compliance requirements while preserving character defining features of historic buildings and districts. • All new construction must comply completely with the International Building Code (IBC) for accessibility. Special provisions for historic buildings exist in the law that allow some flexibility when designing solutions which meet accessibility standards. c HA pter 12: A ccessibility , A rc H itectur A l l ig H ting , M ec HA nic A l e quip M ent , s ervice A re A s , & s ign Age A subtle ramp eliminates the need for a step onto this historic porch and therefore meets accessibility requirements. P278 X.b City of Aspen • Historic Preservation Design Guidelines • 91 A reconstruction of the original light fixture that once existed on an AspenModern building. cHapter 12: accessIBIlIty, arcHItectural lIgHtIng, MecHanIcal equIpMent, servIces areas, & sIgnage Lighting 12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of original fixtures that are no longer present, a replication is appropriate. 12.3 Exterior light fixtures should be simple in character. • The design of a new fixture should be appropriate in form, finish, and scale with the structure. • New fixtures should not reflect a different period of history than that of the affected building, or be associated with a different architectural style. • Lighting should be placed in a manner that is consistent with the period of the building, and should not provide a level of illumination that is out of character. • One light adjacent to each entry is appropriate on an Aspen Victorian residential structure. A recessed fixture, surface mounted light, pendant or sconce will be considered if suited to the building type or style. • On commercial structures and AspenModern properties, recessed lights and concealed lights are often most appropriate. Mechanical Equipment & Service Areas 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be A simple sconce is appropriate for the front door of this Victorian. Concealed lighting is appropriate for this AspenModern landmark. Wrightian influenced flush mounted fixtures suit the Hearthstone Lodge. P279 X.b 92 • City of Aspen • Historic Preservation Design Guidelines vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Awnings 12.5 Awnings must be functional. • An awning must project at least 3 feet, and not more than 5 feet from the building façade. • An awning may only be installed at a door or window and must fit within the limits of the door or window opening. • Awnings are inappropriate on AspenModern properties unless historic evidence shows otherwise. Signs 12.6 Signs should not obscure or damage historic building fabric. • Where possible, install a free standing sign that is appropriate in height and width. Consolidate signage for multiple businesses. • Mount signs so that the attachment point can be easily repaired when the sign is replaced. Do not mount signage directly into historic masonry. • Blade signs or hanging signs are generally preferred to wall mounted signs because the number of attachment points may be less. • Signs should be constructed of wood or metal. • Pictographic signs are encouraged because they add visual interest to the street. 12.7 Sign lighting must be subtle and concealed. • Pin mounted letters with halo lighting will not be approved on Aspen Victorian buildings. • The size of a fixture used to light a sign must be minimized. The light must be directed towards the sign. If possible, integrate the lights into the sign bracket. 12.8 Locate signs to be subordinate to the building design. • Signs should be located on the first floor of buildings, primarily. • Signs should not obscure historic building details. 12.9 Preserve historic signs. cHapter 12: accessIBIlIty, arcHItectural lIgHtIng, MecHanIcal equIpMent, servIces areas, & sIgnage Historic awnings on Cooper Avenue. Awnings at the Wheeler Opera House Historic blade signs. P280 X.b A ppendix P281 X.b 94 • City of Aspen • Historic Preservation Design Guidelines appendIx The Secretary of the Interiors’ Standards for the Rehabilitation of Historic Buildings. The Secretary of the Interior’s Standards for the Rehabilitation of Historic Buildings are general rehabilitation guidelines established by the National Park Service. Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. These standards are policies that serve as a basis for the design principles presented in this document. The Secretary’s Standards state that: 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. P282 X.b City of Aspen • Historic Preservation Design Guidelines • 95 P283 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF SEPTEMBER 23, 2015 5 Gretchen agreed with Staff and Willis regarding the mass and site planning. This project doesn’t meet 75% of the guidelines in terms of preservation in Aspen. The addition overwhelms a significant building for the community that is not only an historic resource but also important members of our community have lived here. The site is over developed. You are asking for variances at the back of the building which could be avoided by re-designing the space. The two story massing wrapping around the building is unsuccessful from a preservation standpoint. Small cabins are not deemed to have large additions. The lot split ordinance was adopted to try to prevent this exact type of development. The site plan coverage needs restudied. The bonus is not worthy in the current form. If the massing was taken down to a one story structure next to the historic building and pushed back on the site that might work. Setbacks should only be for historic resources not additions when you have this much land to work with. Willis said he would support a 6’10“combined side yard setback. Five foot on the east and 1’10” for the resource. Willis said Jim and Mary Hayes were a legacy and possibly a plaque could be done in memory of them. MOTION: Patrick moved to continue 209 E. Bleeker until Nov. 11th with guidance that the board has given; second by Jim. All in favor, motion carried. Draft revisions to HPC guidelines, Chapter 2-7 Amy Simon, Sara Adams, Sarah Rosenberg are the team working on the guidelines. Amy said they are changing the guidelines to be simplified. All the photographs are from Aspen. Sara mentioned that the goal is to make the guidelines more user friendly and more concise. Below are the proposed changes. Chapter 2 – Building Materials Victorians have clapboard siding and Aspen Modern has other materials. The section on aluminum siding has been pulled out. Also pulled out was information on building maintenance and a chapter at the end of the guidelines will be added about painting and maintenance. P284 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF SEPTEMBER 23, 2015 6 2.5 Alternative materials: Added: you can’t replace wood siding with synthetic materials. 2.2 Finish of materials. Added: Finish of materials should be as it would have existed historically. Patrick suggested putting the original pictures up first and then the altered photographs. Chapter 3 – Windows 3.1 Preserve the original glass. If Victorian era glass is broken consider using restoration glass for the repair. 3.4 Replacing of a historic window. Use materials that are the same as the original. 3.7 New guideline: Adding new openings on a historic structure are generally not allowed. 3.8 Use storm windows exterior or interior as an option. Chapter 4 4.4 If you are replacing a door on a historic building you could use a salvaged door. 4.5 Adding doors are generally not allowed. 4.8 New guideline: Preserve historic hardware. Chapter 5 Porches and balconies Back porch can’t be demolished. 5.5 If new steps are constructed construct them out of the same primary materials used on the original and design them to be in scale with the porch or balcony. 5.6 Avoid handrails and guardrails on steps where they did not exist historically, particularly where visible from the street. P285 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF SEPTEMBER 23, 2015 7 Chapter 6 Architectural details 6.4 Repair or replacement of missing or deteriorated features are required based on original designs. Chapter 7 Roofs Amy said more information has been added about vents and they should be minimal and painted a dark color. 7.3 Skylights – Skylights and solar panels are generally not allowed on a flat roof on an historic structure. Gretchen said she would not support any skylights on a historic structure. Is it preservation or not. Skylights and solar panels are not acceptable on any portion of an historic structure. 7.4 New vents should be minimized carefully placed and painted a dark color and toward the back of the building. You can’t do direct vent fireplaces on historic structures. 7.6 Dormers cannot be added on a front primary façade. Not every building will be allowed to have a dormer. 7.8 Flashing – We are looking for a gray finish, tin, galvanized lead coated copper, painted metal. Cooper flashing is too fancy. Metal roofs are not appropriate for an Aspen Victorian home but maybe for a secondary structure. 7.12 New guideline: Gutters should be minimized and not use copper for a Victorian. MOTION: Willis moved to adjourn; second by Jim. All in favor, motion carried. Meeting adjourned at 7:30 p.m. Kathleen J. Strickland, Chief Deputy Clerk P286 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 14, 2015 5 Mr. Whipple said there is some effort being made to justify the second lightwell. Ms. Greenwood replied why grant the variance when they can clearly work within the law. There is a solution to make it. Variances should be granted when there are extraordinary circumstances. I can’t see a reason to grant a variance when there is an obvious solution. Ms. Golden asked for a comment why staff is supportive. Ms. Adams replied it mitigates an adverse impact. The variance is an either or. They can find that criteria B is met. It is a somewhat constrained site plan. The architecture is compatible with the building. The light wells minimizes the above grade mass. There is no attachment to the landmark. It provides more breathing room to the landmark. The requested variation is similar and or mitigates an adverse impact. Mr. Whipple said if the square foot was allocated above grade you would see it. Mr. DeFrancia stated he is supportive of the Staff recommendation. It is a good application and addressed the key issues. Mr. Brown said the second light well removes floor area that could be added back to the historic structure. Ms. Greenwood noted that the minutes for this item the first time it came to HPC noted that she voted yes and she voted no. MOTION: Mr. DeFrancia moved to approve Resolution #28, Series of 2015; seconded by Mr. Whipple. Roll call vote. Commissioners Blaich, yes; Whipple, yes; Golden, yes; Berko, yes; DeFrancia, yes; Pember, yes; Greenwood, yes. Motion carried. Draft revisions to HPC guidelines, Chapters 8-11 Ms. Simon stated this is the second meeting about the updates. The guidelines are 15 years old and need updated. They talked about the technical issues last time. Tonight is the design chapters, additions to new structures and sheds. What hasn’t been taken care of is the introduction, architecture descriptions and landscape issues. That will be the focus of the 10-28 meeting. There have been seven meetings with various architecture P287 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 14, 2015 6 firms in last few days. There was a meeting open to the general public today that was well attended. The goals are to be more concise. They want better illustrations and more clarity. Staff met with Roland & Broughton, Pass, Cunniffe, Studio B and CCY where we went to their offices. Chapter 8 - secondary structures. This mostly pertains to Victorian structures. There are only 20 left in town and not really huge policy changes here. It is a priority to preserve them when we can. The feedback we received is people would like it to be clearer. The structure will need to be pulled completely onto the site. Commissioner comments Ms. Greenwood asked if they are generally getting torn down. Ms. Simon replied no but there have been times when they are and gave the example of the Connor Cabins. Mr. Whipple said some are on the Sandborn maps. Ms. Simon replied the map is gospel. We preserve if it has some value. Ms. Golden said since there are only 20 properties could you do an inventory. Ms. Simon said we don’t want to pre determine what should happen to them. Ms. Greenwood said she does not see an issue with the way it has been going. Chapter 9 – moving buildings and replacing foundations. Added 9.1 – caveat in bullet 2 – don’t assume you can move the building. If you have to demo more than 50 percent of the exterior of a building the board will think twice. It talks more specifically about the kinds of foundation that can be built. More information about light wells. They added information about how the building should be moved. It will be expected to keep the building on the property. The feedback from meetings. Be careful how to word requirement about destroying more than 50 percent of exterior materials. Asked to provide more specific examples of when a building cannot be moved. What are Parks requirements about moving buildings close to trees. 9.3 moving building that trigger other issues that are needed to bring a building up to code. Comments about street wells. Comment about suspending building at all and maybe should not allow it. Commissioner Comments. Mr. Brown asked what is the reason for not allowing floating light wells in yards. Ms. Simon replied it may not be out of place in modern properties P288 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 14, 2015 7 but could be in Victorian. Ms. Greenwood asked if there should be different rules for Victorian and modern. Mr. Brown said there could be instances where it could be ok. He asked if there have been instances with moving building offsite where they came back in a bad condition. Ms. Simon replied yes. We are sensitive that when the building is onsite it is looked at every day. Mr. Brown said to place that burden on everyone rather than create harsh penalties because of one bad actor is harsh. Ms. Berko said she would rather see them not move. Floating light wells is a pandoras box. Mr. Pember asked when does something become a light well versus an underground court yard. Ms. Simon said they can define that a little better. Ms. Greenwood said suspending a building is not out of the realm of possibilities. Chapter 10 Adding on to historic building. Ms. Simon showed examples of bad additions. 10.3 always had the word subordinate. This adds deferential, modest and secondary. 10.4 threw out the idea that the addition would not be allowed to double the size of the historic resource. The extra amount would need to be detached, a TDR or not built. They are not trying to say you can’t build what you are allowed, but trying to redirect it. For a corner lot, 10.5, the addition must be one story or detached. 10.6 - distinguishing new from old. For form, materials and fenestration need to nail two of the three. The new guidelines for connectors says no deck . Feedback – negative feedback about no deck. Comments that if they are so strict about no more than doubling the size, those with bad projects will cling to them. Ought to have some exceptions like recognizing site specific constraints. More examples of how a larger addition could work, well designed connectors, no variances, one story additions. Proposal that the issue may not be the square footage but the foot print. Consider for corner lot if not so happy about big addition what if the new could be pushed back. Provide more pictures to illustrate new from old. Commissioner comments. Ms. Golden said for decks on connectors especially if you don’t see the deck it helps keep the addition away from the resource. That outdoor space relieves the tension. P289 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 14, 2015 8 Ms. Greenwood said proportionally they don’t work with standard Victorian roofline. For the 50 percent rule we are getting too many two story addition on small lots. The two story additions have to be dealt with. They overwhelm the Victorian. Ms. Berko agrees and they have been the most difficult thing. The size is a real problem. She stated she does not think we have a problem on Victorians for encouraging people anymore. Why do we need an FAR bonus anymore. She understands for a voluntary designation it is an incentive. Mr. Whipple said 10.4 in the west end are large lots and there is no one would do a one story addition. There will be some serious hot water there. There is no where to put the detachment and they would lose FAR. Ms. Berko and Ms. Greenwood disagree. Ms. Simon said the properties most hard hit would be a 3,000 square foot corner lot. Mr. Whipple said there needs to be some alternative compliance. Mr. Pember said connectors are a visibility issue. Hot tubs are ok if you can’t see them. Ms. Berko replied a connector is a connector not an outdoor room. 10.4 and 10.5 is an attempt to reduce scale. Mr. Whipple said corner lots should have their own chapter. Mr. DeFrancia said we are here more for historic character than historic preservation. Ms. Simon said it has been a few years since the board has given an award for an addition. We have not quite solved the problem. Sometimes the board struggles for justification to say no. Mr. Pember said in 10.6 there is something beautiful and succinct. But what is troubling, particular in the commercial core, is something that looks like it is from another period. Don’t be borrowing from history that is outside from our windows. Ms. Simon said we are not editing the chapters for Main Street and the Commercial Core. Ms. Berko said she appreciates hearing that feedback. We don’t have to say yes to everything. Being given those tools is helpful. Ms. Simon said they may change the format. There has been some discussion about what the guidelines are. They are guidelines not rules. When can we make exceptions and when can we stray. They are thinking about saying the residential design standards don’t apply to historic properties. Ms. Berko said it looks great and is very positive wording. P290 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 14, 2015 9 Mr. DeFrancia moved to adjourn at 7:15 p.m.; seconded by Mr. Brown. All in favor, motion carried. Linda Manning, City Clerk P291 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 28, 2015 2 and clean up the space and make it more functional. We suspects that the door leading to the interior mechanical room are historic but we are not sure. We aren’t going to insist that they be restored. We recommend that HPC approve the application as designed including the waiver of the rear-yard setback. The rear yard setback is ten feet. The church and the entry canopy already sit in the setback. Jim Curtis, represented the Church Dave Ellis, Trustee of the Church Jim said the back of the church is in shambles. In 2013, 2014 we did major work to the roof. We want to make it a nice appearance and safe and functional. Amy said they are matching the existing materials and there will be a retaining wall that is a colored concrete. All the materials are compatible. You are also asked to make a finding that the variation standards are met. Vice-chair, Jim DeFrancia opened the public hearing. There were no public comments. The public comment section of the hearing was closed. Sallie said the back of the church has always been a little messy and this is a great improvement. Jim DeFrancia said the motion should read to approve 200 E. Bleeker, minor review and variations including a finding that the variation standards are met. MOTION: Gretchen moved to approve 200 E. Bleeker, second by Sallie. Roll call vote: Michael, Sallie, Jim and Gretchen. Motion carried 4-0. Draft revisions of HPC guidelines Sallie recused herself. Nora was seated. Chapter I – Site Planning & Landscape Design Site planning - Amy said we wanted applicants to think about the character of the site carefully. How buildings sit on the lots; try to create useful street P292 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 28, 2015 3 facing spaces; traditional gardens in residential neighborhoods instead of setback to setback consuming the lot and leaving nothing. We talk at more length about planting design and landscape lighting. A lot of landscapes are installed without permits and we tried to make it clear that the guidelines apply whether you are in the HPC review process or not. We will try to make it easier to find maps and identify where they can be found. Gretchen suggested adding a section on properties being on the National Register and what that means or entails. Michael said it would be helpful having a red line version. We need to see where we are coming from and where we are going. Jim suggested highlighting the meaningful changes in the new version. Ask people to organize their open space and usable space. Provide more information and consider the impacts of a design decision. 1.1 Amy said we want to preserve the system and character of historic streets and alleys. In general HPC believes that alleys in some places should not be paved. There should not be curb cuts off the street. No pull in parking on the side streets unless it is historic. 1.4 Amy said there are some carriage houses that face the side street and come off the street. We want that to be maintained but maybe the driveway can be downplayed with gravel or tracks or use something that is not hard in character. Design a new or existing driveway in a manner that minimizes its visual impact. Walkways and Patios Amy said we see over scaled pathways and non-native materials. We have provided examples of appropriate walkways and the appropriate materials. Aspen modern properties are on a case by case basis. Hot tubs and fire pits need to be screened. Sara said the way plants are arranged can be more contemporary and that is not what we are looking for. Use of a cone area in front. Simplicity and modesty should be used in the front for landscaping. P293 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 28, 2015 4 Landscape lighting Amy said Aspen Modern might have low lighting but not so much on Victorians. The only exception is if there is a safety issue. An example would be if the front door is a long distance from the street. Fences Amy said where there are historic fences we want to see them preserved. Where fences are added we want to see something designed close to that period of time. A wood picket fence is appropriate. A wrought iron fence would need discussion because that is a fancy fence for most of the buildings we have in town. 1.17 Amy said we do support a twisted wire fence. It is a type of fence that showed up in the 1900 in the rural parts of Colorado. There are lots of examples of it in Aspen. 1.19 Amy said this deals with privacy fences. A low fence in the front and a privacy fence in the back. Fences should avoid blocking public views. There are a few guidelines regarding walls. Amy said there are a few guidelines about unique landscapes. We have basically stressed to leave them alone and don’t alter them. Amy said we would also like add a guideline about storm water. Retention ponds etc. should be placed away from the building. Sara said we could request a conceptual landscape plan or something that shows the direction they intend to go. Gretchen said we need a conceptual drawing of the entire property. Nora agreed. Chapter 12 is the catch all chapter. Exterior lighting should be simple. Most historic buildings did not have outside lighting. Original light fixtures must be maintained. P294 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 28, 2015 5 Amy said there is also a guideline that states minimizing the visual impact of lights and we might want to eliminate that. Michael and Gretchen felt that the guideline should remain but should be discouraged. Gretchen said light pollution needs to be balanced if it is on a Victorian property. Nora said light spills from one property to another is a concern. Jim suggested that the guideline be softened. Amy said the mechanical equipment should be neat and not visible if possible, make it go away. Amy said awnings should only be used on doors and windows. Amy said signs should not obscure or damage the historic building fabric. MOTION: Jim moved to adjourn; second by Michael. All in favor motion carried. Meeting adjourned at 6:20 Kathleen Strickland, Chief Deputy Clerk P295 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 2, 2015 1 Chairperson, Willis Pember called the meeting to order at 12:00 Noon. Commissioners in attendance were Patrick Sagal, Nora Berko, Jim DeFrancia, Bob Blaich and Michael Brown. Absent were Sallie Golden, John Whipple and Gretchen Greenwood. Staff present: Jim True, City Attorney Amy Simon, Preservation Planner Kathy Strickland, Chief Deputy Clerk MOTION: Bob moved to approve the minutes of Nov. 11, 2015; second by Jim. All in favor, motion carried. Public: Brent Gardner-Smith introduced himself as a reporter. Nora said the work session with City Council was great. The Aspen Modern Ordinance #28 section 6 specified that there are five properties owned by the city that should be designated. In 2016 we should get those five properties protected; Red Brick, Yellow Brick, Mountain Rescue, mall and Hildur Anderson Park. We need to lead by example. Amy said there would be a hearing before HPC and City Council. MOTION: Nora made the motion that HPC recommends that staff take steps to designate the 5 properties in 2016, motion second by Bob. All in favor, motion carried. Guidelines Amy summarized the memo in the guidelines. We have tried to improve the guidelines with better clarity. This is basically a re-write of the entire document. We have dropped the glossary. In the introduction we have trimmed out anything that refers to the code because the code could change tomorrow. We tried to be more general. We want passion behind the design and a good explanation of what the proposal is. Bob suggested that there be a link to the National Register on page 20. P296 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 2, 2015 2 Amy said there are about 25 properties on the register from Aspen. Patrick suggested that the purpose and intent of preservation from the land use code be added to the guidelines so that there is a natural transition. Patrick discussed adding when the guidelines should be revised. Jim said you could say that the guidelines can be reviewed every so many years. They are an advisory document. Nora said the guidelines give us the ability to say no. We need to know how the next generation gets protected. Historic Overview Amy said we replaced the images to show different aspects of the town’s history. Bob said he particularly liked the incorporation of the International Design Conference in the guidelines. Architectural styles Willis suggested that applicant write a description or narrative of how their project contributes to the sense of place of Aspen. Amy said this could be added to page 25. Chapter I is more of a perspective as to how the project fits into the town and neighborhood looking at maps, diagrams and site planning. 1.1 talks about setback to setback with nothing left. 1.2 Consider the value of unpaved alleys in residential areas. Amy said we will add a corner diagram including the front diagram. 1.25 discusses art work 1.8 is the addition of storm water Chapters 2-8 are chapters on rehabilitation P297 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF DECEMBER 2, 2015 3 9.4 avoid making design decisions that require code related alternations which could have been avoided. Amy said the dormer statement should be moved to 7.6 guideline Chapter 9 is the relocation chapter 9.1 was added to address where people are underpinning and excavating . Proposals to relocate a building to a new site are highly discouraged. Chapter 10 building additions Amy said this addresses that the addition can’t be doubled in size. We also talk about corner lots and heights of the addition on a corner. Chapter 11 Amy said the only change is design a structure to be a product of its own time. Chapter 12 Amy said this chapter is the catch all chapter. MOTION: Bob moved to adjourn; second by Nora. All in favor, motion carried. Meeting adjourned at 1:30 p.m. Kathleen J. Strickland, Chief Deputy Clerk P298 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 1 Chairperson, Willis Pember called the meeting to order at 5:00 p.m. Commissioners in attendance were Nora Berko, Gretchen Greenwood, Patrick Sagal, Sallie Golden, Bob Blaich and Jim DeFrancia. John Whipple and Michael Brown were absent. Staff present: Debbie Quinn, Assistant City Attorney Amy Simon, Preservation Planner Kathy Strickland, Chief Deputy Clerk MOTION: Gretchen moved to approve the minutes of December 2nd as amended; second by Bob. All in favor, motion carried. MOTION: Bob moved to approve the minutes of December 9th, second by Willis. All in favor, motion carried. Nora said she will recuse herself on 211 E. Hallam Resolution endorsing Council adoption of new historic preservation design guidelines Amy commented that the purpose statement was added; a website address where people can find out which properties are on the National Register and we added a comment about sense of place. Diagrams were updated regarding landscapes and height of plantings. A lot of the projects coming up will be under the old guidelines. We ran an article in the paper and the guidelines are on the city website. MOTION: Willis moved to approve resolution #1, adopting the guidelines. Motion second by Jim. Patrick said he found it disconcerting that no one responded about the guidelines. We need to find a way to get people involved because this is a significant document. Regarding simplicity and modesty in design are we dictating what people should be building too much. Nora said simplicity and modesty gives us a tool to work with. P299 X.b ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 13, 2016 2 Jim reminded the board that these are only guidelines and we can’t mandate the public to participate and there is a defined process in the code. We did the outreach the best we can. Sallie said we are an appointed board and we spend hours and hours as professionals to look at the guidelines. Roll call vote: Nora; Gretchen; Patrick; Sally; Bob; Jim and Willis. Motion carried 7-0. 211 E. Hallam – Final Major Development, Public Hearing Nora recused herself. Affidavit of postings – Exhibit I Sallie disclosed that she is work with Gyles Thornely, landscape architect for the 211 E .Hallam project and has no financial interest etc. in this project. Amy said conceptual review was held about a year ago. It is about a 6,000 square foot lot that contains the Berko studio which sits back along the alley. The board agreed to the voluntary designation, moving the studio to the front of the property and rotating it and adding a second dwelling unit along the west property line. HPC granted conceptual with the condition that there be a follow through for the solar heating plan that was submitted. City council approved the proposed designation, incentives; TDR’s; permit fee waivers; removal of the large tree and a number of other things. Council did approve HPC’s request for the solar system. Amy said what is being preserved of the studio is the wood frame portion. It will be lifted up and moved to the front of the site. The chimney and CMU will be reconstructed to match the existing conditions. The applicant is asking to replace doors and windows which on Victorians can be debated. Staff does not find that there is any particular craftsmanship or a need to preserve the units that are in place now. They will be replicated. There will also be a small addition to the studio with a basement level window opening and staff is supportive of that. There is also a change which is a walk out basement at the back of the building toward the interior courtyard. Staff also finds that is an appropriate alteration. We have had several projects that have had below grade expansion which allows a more livable area and not have an appendage added to the back of the building. There are existing skylights on the studio with a bubble shape. The applicant would like to P300 X.b P301 X.b