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HomeMy WebLinkAboutagenda.council.regular.20020812 CITY COUNCIL AGENDA August 12, 2002 5:00 P.M, I. Call to Order II. Roll Call III. Scheduled Public APpearances a) Board Commendations - Edward Sweeney - Wheeler Board of Directors & Gilbert Sanchez - HPC b) Outstanding Employee Bonus Awards IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's and Councilmembers' Comments b) City Manager's Comments c) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) ~_. a) Resolution #68, 2002 - Calling Special Election b) Election Equipment Purchase - c) Resolution #74, 2002 - Contract with DHM Civic Center Master Plan d) Request for Funds - HPC Guidelines e) Truscott Eunding f) Resolution #69, 2002 - Contract with CDOT Asphalt Repair g) Resolution #70, 2002 - Maroon Creek Road - Right-of-Way annexation h) Resolution #75.2002 - Contract to Buy Real Estate - Zupancis i) Board Appointments j) Minutes - July 22, 2002 VII. First Reading of Ordinances (These matters may be adopted together by a single motion~ a) Ordinance #30, 2002 - Marqusee Rezoning P.H. 9/9 b) Ordinance #32, 2002 - Charter Amendment P,H. 8~26 c) Ordinance #33, 2002 - Code Amendment - Prohibiting Horse Drawn Carriages on Sidewalks P.H. 8/26 ~ Public Hearings O~:f.~ja) Ordinance #24.2002 - Innsbruck LP PUD//'~_ I (3rdinance #28. 2002- Rezoning 311 S. First Continue to 8~26 c Ordinance #29, 2002 - Code Amendment - Housing Payment in Lieu Continue to 8~26 (~..5od Appeal HPC Decision - 629 West Smuggler ~ Action Items a) Resolution #76, 2002 - Mandatory Adoption of Local Government Master Plan Resolution #71 2002 - Election Question - Charter Amendment ~ Resolution #72, 2002 - Election Question - Sale of City Property to Facilitate Obermeyer Project d) Resolution #73, 2002 - Election Question - Trolley :~' Adjournment Next Regular Meeting Auqust 26, 2002 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. Richard W. Volk 730 Bay Street P.O. Box 4136 Aspen, Colorado To the following: Helen Klanderus, Mayor -~ All city council members rears, Aspen has made a grea~ effort to follow these fundamental premises: Protect the safety of citizens, especially children Protect the views, particularly those of public areas (adhere to zoning heights.) a. Core city 40 ft., SCI (Surface/Commercial/Industrial) 35 ft., lodge, tourist- residential, 28 ft., residential and multi-family, 25 ft. Note: height is above grade, so if site slopes downward, height drops accordingly. Roaring Fork River and its environment (adhere to stream margin reviews.) Protect and enhance tax base: (both Property and Sales.) Quoting from the Obermeyer Place Project Goals: "The project should be to enhance core Aspen qualities: Pedestrian experience, coanection to natural amenities, and the project shall show respect for its natural surroundings (and variety of uses)." For fifty plus years, Aspen has made a great effort to follow the above fundamental premises. Most people come to Aspen for the beauty, and many return because of the mountains, river, and general environment. The city has shown great foresight in creating parks and open space, and preserving the views. Public parking has been developed essentially underground. Hallam Lake and its surrounds, some seventeen acres, have been preserved. The Rio Grande Trail has been created, and the zoning taws have been rigidly adhered to in the past. The public and residential areas north of the Obermeyer project, including Red and Smuggler mountains and Oklahoma Flats, will be greatly affected by height and mass of the structures. Obviously, the farther north the structures are placed, the greater the impact will be. The specific public areas are: The Rio Grande Trail and Park, lohn Denver Sanctuary, the Theatre in the Park, the Aspen Art Museum, the Skateboard Park and the Aspen Art Park. As a long time Aspen property owner and part time resident, I am concerned that the donation of city property to the COWOP is an excuse to violate zomng and stream margin reviews, which are required of private projects for the protection of the above fundamental premises. Since the city owns land on the north, east, and west sides of the Obermeyer project, as well as a right of way through the central part, why doesn't the city consider trading out land on a square foot by square foot basis to create a buffer area for the park and the river? The Roaring Fork River is less than one hundred feet from the northeast section of the proposed project. It would seem that the sponsors of this project could take a lesson from the building that houses Paradise Bakery. Through numerous negotiations with the city, approximately 25 % of the Iand that could have been developed was dedicated to open space for the benefit of all. The upper floors were set back to enhance the feeling of openness. Required employee housing and other demands were also met. It is also interesting to note that, after fifteen years, three of the four of the original tenants, all locals, still remain. The consequences of the public vote must be explicitly explained to the citizens in order that they understand the scope of the Obermeyer project as it is presently proposed. The public must be able to envision the impact of a 51 ft. structure (Four stories is not explicit enough) placed at the edge of the park and what the structures will look like from the Rio Grande Trail, Rio Grande Park, Theatre in the Park, Art Museum, and John Denver Sanctuary. At this time, the citizens of Aspen need photographs of the heights, not artist renditions that can be distorted. Also, north-south cross-sections should be drawn through the east, middle, and west end of the project. These should include the proposed buildings of the Obermeyer project, critical city buildings, the Rio Grand Trail, the river, and the skateboard park. Because of safety, these should also include the shadows produced by the height and proximity of the project at critical pathways during various times of the year. Our family has been property owners in Aspen since 1945, and has seen many changes. I believe it is critical, before the public votes, that it clearly understands the ramifications of the proposed heights and proximity to the public areas and its impact on the total environment north of the proposed Obermeyer project. Possibly the best solution to the problem would be to create a buffer zone south of the Rio Grande Park where Rio Grande Place exists now and terrace down from the height of the Concept 600 Building on Main Street to the existing zoning height Of 35 feet, to the present location of the current buildings. Very truly yours, Richard W. Volk cc: Klaus Obermeyer Letters to the Editors, Aspen Times and Aspen Daily News Memorandum To: Mayor & City Council CC: File From: Rebecca Doane. Human Resources Date: August 7, 2002 Re: Outstanding Employee Bonus Awards - 1s; & 2ns Quarter, 2002 Outstanding Employee Bonus Award for the 1s~ quarter, 2002 was approved for the following: John Rushing - Police Department Outstanding Employee Bonus Awards for the 2nd quarter. 2002 were approved for the following: Jim Considine - Information Systems Department Cindy Christensen - Housing Department P3 To: Officer John Rushing From: Sgt. Leon R. Murray TsE CITY OF ASPEN Sgt. Gary Kalkman Ast, urq POLICE DEPARTMENT Date: August 7. 2002 Re', 1~ Quarter Outstanding Employee Bonus Award John. Gary and I would like to invite you to Aspen City Council Chambers on August 12. 2002 at 5:00 PM to receive a well-deserved recognition for your life sawng efforts of February 12.2002. AS YOU RECALL. A YOUNG MAN FROM NEW ZEALAND HAD FALLEN OFF THE MAROON CREEK BRIDGE. THERE WAS INITIAL CONFUSION AS TO HIS EXACT LOCATION, BUT YOU WERE THE FIRST TO LOCATE THE VICTIM. IT WAS SNOWING THAT NIGHT, AND THE TEMPERATURE WAS ABOUT -15 DEGREES. EVEN THOUGH THERE WERE MANY OFFICERS AT THE SCENE, YOU IMMEDIATELY VOLUNTEERED TO TRY TO FIND A WAY TO THE VICTIM. AFTER ABOUT 30 MINUTES OF BREAKING TRAIL THRU KNEE DEEP SNOW ON A ROCK AND ICE COVERED RIVER AREA YOU WERE ABLE TO REACH'THE VICTIM. HE WAS BARELY ALIVE. YOUR CARE AT THE SCENE AND THROUGHOUT THE DANGEROUS EXTRICATION TOOK WELL OVER AN HOUR. WE TRULY BELIEVE THAT THE EXPERT CARE YOU PROVIDED ON THE RIVERS EDGE HELPED PROLONG THE VICTIM'S LIFE THE SEVERAL ADDITIONAL DAYS HE LIVED BEFORE HE EXPIRED. AS YOU KNOW, SEVERAL FAMILY MEMBERS AND FRIENDS TRAVELED FROM NEW ZEALAND AND VISITED THE VICTIM IN GRAND JUNCTION BEFORE HE EXPIRED ABOUT FIVE DAYS LATER. THE FAMILY THANKED THE OFFICERS IN GENERAL, BUT SINGLED YOU OUT FOR SPECIAL PRAISE. 506 EAST MAIN, S~tTE 102 · ASPEN, COLORADO 81611 ' EMERGENCY 911 ' ADMI~I$?RAT/ON 970920.5400 · F^X 970.920,5409 THE MEDICAL EXPERTISE YOU BROUGHT TO THAT FROZEN RIVER BED FROM YOUR PRIOR CAREER IN NURSING WE BELIEVE IS' WHAT HELPED THE FAMILY HAVE THE EXTRA TIME NEEDED TO TRAVEL TO ASPEN AND SAY GOODBYE TO A LOVED ONE. YOUR DEDICATION TO DUTY WENT WELL ABOVE AND BEYONE WHAT WAS EXPECTED FROM A PEACE OFFICER THAT NIGHT. You will be awarded a check and framed certificate from the citizens of Aspen for your gallant achievement that cold morning in February. Thank you very much John. ~r is a pleasure to have you as a member of the City of Aspen Team. August 2, 2002 Re: Outstanding Employee Bonus Award -- The Fiber Optic Project Awarded to: Jim Considine Con~atula~ions on winning the 2002 - 2nd Quarter Outstanding Employee Bonus! Your bonus will be awarded at the Aug~st 12, 2002 City Co~meil Meeting, which begins at 5:00 p.m. Below are portions of the original nomination letter: We would like to present to Jim Considine, the Outstanding Employee Bonus Award for his outstanding work on the Metropolitan Area Network Fiber Optic Project. The Fiber Optic Project consists of placing fiber optic cable in a ring around Aspen replacing the older and slower phone line technology while enhancing our network reliability and cutting recurring costs with Qwest. Jim started work on this project 2 F~ years ago when Aspen's cable provider, AT&T, indicated they were going to embark on a massive trenching project in order to replace their current cable infrastructure and deliver broadband services. Jim saw this as an opportunity to co-locate the new fiber optic eabling with AT&T at an ineremental cost. Jim also met with other government entities, citizens and other organizations throughout the valley both giving and receiving pertinent information as to how Aspen's fiber project might beneficially impact others in the valley. During the course of the Fiber Optic Project Jim modeled a high standard professionalism while maintaining his normal duties. Jim also put in the odd hours that this project and the various meetings demanded. Jim's efforts have produced a City asset that was bought for 25 cents on the dollar and is valued at approximately 2 million dollars. Congratulations Jim! Cindy Christensen AsperfPitkin County Housing Authority Plaza 1 Aspen, CO 81611 Dear Cindy, It is a great pleas~u:e to inform you that you have been nominated for and have received aa outstanding Employee Bonus Award. Please be in attendance at the City Council meeting at 5:00 PM on August 12, to receive your award. Just to let you know, yon actually had two axvard nominations from two groups, so it is obvious that your work was truly appreciated. The summary of the basis for your award was as stated below: "Cindy is an extremely committed ~mployee, She rose to the occasion of filling the Interim Executive director position with enthusiasm, grace and responsibility. As Interim Executive Director, she committed to the needs of the office, the public and other City departments withont falling behind at her daily duties as Operations Manager, despite the long hours that that required. Similarly, as Interim Executive Director, Cindy's leadership skills proved brilliant. She was able to maintain staff moral during a transitional time and provide a sense of humor to a somewhat tense work environment. Her commitment to the Housing program has been motivational to the staff." For ali of this we thard< you. Ed Sadter, Assistant City Manager C: Housing Office staff RESOLUTION NO. (~ ~ (Series of 2002j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO. CALLING FOR AND ESTABLISHING A DATE FOR A SPECIAL MUNICIPAL ELECTION TO BE CONDUCTED ON NOVEMBER 5. 200Z WHEREAS. Section 2.2 of the Home Rule Charter of the City of Aspen provides that any special mumc~pal election may be called by resolution or ordinance of the City Council at least sLxty (60) days in advance of such election: and WHEREAS. the Cky Council desires to place before the Aspen electorate certain ballot questions: and WHEREAS the City CounciI may add such additional questions to the ballot as ir may hereafter deem appropriate. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO. THAT: Section 1. A special municipal election shall be and is hereby called and established for Tuesday, November 5, 2002, for the purpose of submitting to the electorate certain baIlot questions to be determined by the City Council at a future date. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2002. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen. Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch. City Clerk JPW-OS/OS/2OO2-G:\johnkword\resoskelect-spec-li-O2.doc TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: August 7, 2002 RE: Election Equipment Pm:chase SUMMARY: I am requesting authorization to spend $60,450 on new election eqmpment. This money is in the 2002 AMP. BACKGROUND: An election task force was formed in April 2001 to consider new election equipment The task force consisted of the Pitkin County Clerk, Aspen City Clerk, Snowmass City Clerk. County Commissioner Mick Ireland, City Councilor Tony Hershey, IS representative Ruth Kinney, previous election workers, members of Pitkin County election commission, and representatives of the Republican and Democratic parties. Aspen and Pitkin County have used punch card ~Iection eqmpment since 1975. Very little money has been spent in the past 25 years. Even before the November election and the bad press, the limiting s~ze of the punch card ballot was a concern. Another issue with our current election system is that parrs will not be available. The task force had demonstrations and interviews at about 3 hours each with 4 election eqmpment vendors; Sequoia, Global Election Systems, ES&S and Hart Intercivic. The two technologies looked at were optical scan and electric touch screen ta.k.a. DRE direct record election). The recommendation of the task force was to demo the optical scan ballot in the November 2001 election. This was well received and the connt of optical scan ballots in the one precinct was speedy and completed with no problems. Pll DISCUSSION: Aspen, Pitldn County and Snowmass have always had shared election equipment. The election officials and task force agree this is the most efficient, best for voters. Pitkin County Clerk Silvia Davis is ordering AccuVote optical scan precinct ballot tabulators and the software. Snowmass and Aspen are ordering their own hardware and paying a portion of the software, training and installation costs. Each town gets its own machines in case we were to have an election at the same time (i.e. August 1999) or if the county machines were unavailable because cfa vote challenge. Also, if we were to use Pitkin County's machines, they would charge us which would be an on going expense and probably cost more than owning the machines over time. One issue brought up by Council is secrecy of the ballot. You will see a cost for secrecy sleeves below. These were available in the November 2001 election and voters may not have been aware they could use them.' I will develop signs for city polling places stating secrecy sleeves are available. The other technology, touch screens, was looked at. These are adaptable for sight impaired and other disabilities. There will probably be federal legislation mandating handicap accessibility of voting machines but not until 2005 or 2006. Ms. Davis and I decided not to buy any touch screen machines at this time. Staffand Council can look at this when and if it becomes federal legislation. FINANCIAL IMPLICATIONS: The initial costs are: 6 AccuVote Optical Scan Tabulators ~ $6,500 = $39,000 Memory cards, secrecy sleeves, transfer bags = 1,200 GEMS Software ~ $35,000 (45% Aspen share) = 15,750 Training, Installation ~ $i0,000.(45% Aspen)= 4,500 TOTAL $60,450 There is $165,000 in the AMP for purchase of voting equipment. Unnsed dollars will be returned to the AMP. Money for the touch screens will not be held over for 3 years so staff and Council will address that when it is appropriate: The annual costs will not increase. In fact, the maintenance agreement will be the same or a little less. There may be some cost savings in using the GEMS software to setup the ballot rather than having a printer do it. 2 P12 RECOMMENDATION: I recommend Council authorize expenditure of $60,450 for new election equipment out of the AMP, returning the balance of $100,000 to the AMP. ALTERNATIVES: Council could opt tO stay with punch card ballot system. If the computer or ballot counter were to fail, I don't know if we could get them fixed as no company is manufacturing or maintaining this equipment. MOTION: By adopting the consent calendar, Council is authorizing the expenditure of $60,450 for election equipment for the City of Aspen. 3 MEMORANDUM TO: Mayor Klanderud and City Council THRU: John Worcester, City Attorney t~--, Joyce Ohlson, Deputy Planning Directolt>z'q---~ FROM: Chris Bendon, Long-Range Planner OJ~ RE: Civic Master Plan Phase Three Contract for Professional Services DATE: August 12, 2002 SUMMARY: The purpose of this long-range project is to unite all of the various plans for public, quasi- public, and private facility upgrades in the Civic area that have been discussed individually. The City initiated this planning effort roughly two years ago with detailed analysis and identi~lcafiun of opportunities. This "fit-it-all-together" phase will finalize the plan. This project was included in the recently approved 2002 budget for $100,000. Staff used a competitive bidding and interview process to select a consultant, as outlined in the City procurement code. A request for qualification was advertised in the "City News" section of the Aspen Times as well as with separate box advertisements. Proposers were asked to assemble a team of professionals with site planning, landscape archite6mre, architecture, structural and civil engineering, transportation, and development feasibility expertise. The City received four submissions. A selection committee, consisting of various city and county personnel knowledgeable of the Civic Master Plan and planning and development issues and a member of the civic advisory group, reviewed the proposals, selected two teams for interview, conducted the interviews, and made the selection. DHM Design Corporation in partnership with Studio B Architects was selected by the committee. Staff is pleased with the selection and is confident in the capabilities of the consultant team. DHM developed a scope of services within the budget. Staff has allocated $90,000 of the $100,000 project budget for this contract. Other professional services and miscellaneous items, such as materials, meeting food, and printing, are expected to be covered by the remaining $10,000. DHM has reviewed and approved the proposed contract. Staff recommends approval of the proposed contract for professional services with DIIM Design Corporation for the Civic Master Plan. P15 OVERVIEW OF CIVIC ~VlASTER PLAN: The Civic Master Plan is a long-range planning project determining the future of the "Civic Center" - that area of Aspen between the City Halt block of downtown and the Aspen Art Museum. (There are also some isolated facilities located out of this general area.) This area is the primary location for goverrnnent services, cultural institutions, and is a very visible area of town. There are many needs that the institutions in this area must address over the next £ew decades and significant public benefit in a coordinated planning effort. There is also opportunity for tr~ly wonderful public spaces in areas that today lack pedestrian interest. Opportunities exist for improved visitor service, provision of life/safety facilities, combined facilities for cultural institutions, public/private redevelopment partnerships, affordable housing, and remote parking for infill housing projects. Phases One and Two of the master planning have been accomplished. This work has resulted in identification of future opportunities for government, quasi-governnaent, private non-profit, and private redevelopment in the master plarming area. ~> Phase One - Analysis & possible directions. Completed and documented through Phase One Report. (1 lx17 report) <> Phase T~vo - Refine reasonable options to pursue with City Council and BOCC. Eliminate options that have no purpose in the plan, no political interest, or are otherwise unsound alternatives. This phase focused the plarming effort and eliminated inappropriate options. Completed. ") Phase Three - '~Fit it all together." Design expertise will aid staff and the Civic advisory group in recommending a physical master plan. Further analysis necessary includes detailed facility needs, financial feasibility, architectural and structural studies, and ascertaining funding and phasing options. City Council has ftmded this third and final phase of the Civic Master Plan. The ongoing Obermeyer COWOP project is an %£~:shoot" of this planning effort and adopted plans wiII be factored into the overall civic plan. The Parks Department witl be initiating a master plan for Rio Grande Park seeking professional engineering expertise to examine drainage requirements and recontouring of Rio Grande Park. The programming (determining uses) of the park will be handled by the Park Department. ATTACHMENTS: A - Proposed Contract with DHM RESOLUTION NO. CSEP-Z S 2002> A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVKN'G A PROFESSIONAL SERVICE AGKEEMENT BETWEEN THE CITY OF ASPEN ANT) DHxM DESIGN CORPORATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS. there has been submitted to the City Council a Professional Service A~eement between the City of Aspen, Colorado and DHM Design Corporation. a copy of wkich is annexed hereto and parr thereof. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that a Professional Service Agreement between the City of Aspen, Colorado, and DHM Desig-n Corporation, regarding the Civic Master Plan, Phase III, a copy o£which is annexed hereto and incorporated herein_ and does hereby anthor/ze the City Manager ro execute said Agreement on behalf of the City of Aspen. Dated: _, 2002. Helen Kalin Klanderud, Mayor I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a rnle and accurate copy of that resolution adopted by the City Council of the City of Aspen. Colorado. at a meeting held ,2002. Kathryn S. Koch_ City Clerk P17 CIVIC MASTER PLAN PHASE THREE SITE PLANNING AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and DHM Design Corporation ("DHM"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. DHM shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. Completion. DHI~ shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed no later than December 2002. Upon request of the City, DHM shall submit, for the City's approval, a schedule for the performance of DHM's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's Contract Administrator for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by DHM. 3. Payment. In consideration of the work performed, City shall pay DHM on a basis for all work performed. The scope of work, rates, and products to be supplied are described in attachment "A," appended hereto.' Additional services that are not identified herein shall be performed on a time a materials basis only if agreed upon by both parties. The rates for work performed by DHM shall not exceed those hourly rates set forth at Exhibit "A" appended hereto. Except as otherwise mutually agreed to by the parties, the total payments made to DHM shall not initially exceed $90,000. DHM shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with DHM within ten days from receipt of DHM's bill. 4. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Authorized sub-contracting shall not relieve DHM of any of the responsibilities or obligations under this agreement. DHM shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors Contract for Services: Civic Master Plan Phase Three Site Plarming Page D:\CivicPhasetll\Contracts\DHM_contract. doc P18 officers, agents and employees, each of whom shaII, for this purpose be deemed to be an agent or employee of DHM to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub- contractor. It is understood DHM may subcontract professional services with Studio B Architects, Sopris Engineering, Loris StmcturaI Engineering, Charlier Associates, Shaw Construction, RRC Associates, Quinby Clune, and others as warranted. Additional subcontracting may be authorized by the City's Contract Administrator. 5. Termination. DHM or the City may terminate this Agreement, without specifying the reason therefore, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, aH £mished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by DHM pursuant to this Agreement shall become the property of the City. Notwithstanding the above, DHM shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by DHM, and the City may withhold any payments to DHM for the purposes of set-off until such time as the exact amount of damages due the City from DHM may be determined. 6. Covenant A~ainst Contingent Fees. DHM warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for DHM, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, corm:aission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that no~g contained in this agreement shall result in, or be construed as establishing an employment relationship. DHM shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City: No agent, employee, or servant of DHM shall be, or shall be deemed to be, the employee, agent or servant of the City, City is interested only in the results obtained under this contract. The manner and means of Conducting the work are under the sole control of DHM. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of DHM. DHM shall be solely and entirely responsible for its acts and for the acts of DHM's agents, employees, servants and subcontractors during the performance of this dontract. DHM shall indemnify City against ail liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security' and income tax law, with respect to DFIM and/or DHM's employees engaged in the performance of the services agreed to herein. Contract for Services: Civic Master Plan Phase Three Site Planning Page 2 D:\CivicPhaselll\Contracts\DHM_contract,doc P19 8. Indemnification. DiZ[M agrees to indemrdfy and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of DHM, any subcontractor of DHM, or any officer, employee, representative, or agent of DHM or of any subcontrac- tor of DHM, or which arises out of any workmen's compensation claim of any employee of DHM or of any employee of any subcontractor of DHM. DHM agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of DHM, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the fmaI judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse DHM for the portion of the judgment attributable to such act, omission, or other fauit of the City, its officers, or employees. 9. DHM's Insurance. (a) DHM agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against ali liability, claims, demands, and other obligations assumed by DHM pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. DFiM shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) DHM shall procure and maintain, and shall cause any subcontractor of DHM to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. Ail coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by DHM pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Coml~ensarior~ insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Emplsyers' Liability insurance with minimum limits of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident, ONE HUNDRED THOUSAND DOLLARS ($100,000.00) disease - policy limit, and ONE Contract for Services: Civic Master Plan Phase Three Site Planrfing Page 3 O:\CivicPhaselll\Contracts\D H M_contract.doc P20 HUNDRED THOUSAND DOLLARS ($100,000.00)disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph, (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($I,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate: The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii)Comprehensive Automobile Liability insurance with mi~2rnum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each DHM's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. (iv)Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by DHM. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or properly damage arising from completed operations. DHM shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by DFiM's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of DHM to procure or maintain policies providing the required coverages, conditions, and rain/mum limits shall constitute a material breach of contract Contract for Services: Civic Master Plan Phase Three Site Plarming Page 4 D:/CivicPhaselil\Contracts/PH M_contract,doc P21 upon which City may immediately termfin~ate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and ali premiums in connection therewith, and all monies so paid by City shall be repaid by DHM to City upon demand, or Cky may offset the cost of the premiums against monies due to DHM from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limkations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-1_0- 101 er seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept ar the City of Aspen Finance Department and are available to DHM for inspection during normal business hours. City makes no representations whatsoever with respect ro specific coverages offered by CIRSA. City shall provide DHM reasonable nonce of any changes in its membership or participation in CIRSA. 11. Completeness of A~reement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises perrairfing ro the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered ro the respective Contract Administrator listed below or mailed by certified mail return receipt requested. to: City: Dtt21/I Design Corporation: RE: Civic Master Plan Laura Kirk Chris Bendon, Long Range Planner Vice President City of Aspen DHM Design Corporation 130 South Galena Street 580 Main Street Aspen, Colorado 81611 Carbondale, CO 81623 13. Non-Discrimination. No discrimination because of race, color, creed, sex. marital stares. affectionat or sexual orientation, family responsibility, national origin, ancestry, Contract for Services: Civic Master Plan Phase Three Site P[am~ing Page 5 O:\CivicPh aselll\Oontracts\DHM_contract.doc P22 handicap, or religion shall be made in the employment of persons to perform services under this contract. DHM agTees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non,discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shaI1 not operate as a waiver of any subsequent breach of the .same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by DHM to which the same may apply and, until complete performance by DHM of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, Successors, and assigns. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceabIe it shall not affect or impair the validity, legality or erzfomeability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding escept those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing Signed by the parties. (d) This agreement shalI be governed by the laws of the State of Colorado as from tkne to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of wnich shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] Contract for Services: Civic Master Plan Phase Three Site Plarming Page 6 D:\CivicPhaselll\Contracts/D H M_contract,doc P23 ATTESTED BY: CITY OF ASPEN, COLORADO: Mayor Helen K. Klandemd Date: WITNESSED BY: DHM Design Corporation: By: T kle: Date: Contract for Services: Civic Master Plan Phase Three Site Planning Page 7 D:\CivicPhaselll\Contracts\DHM_contract.doc Aspen Civic Center Master Plan Phase III ,lYlctt$~-~ 431~'~o-~ ~ Client: City of Aspen Date: 7/15/02 Firm: DHM Design Corporation Revised: Itemized Summary Title Rate Hours Total DHM Design Work Scope Meetings Project Mgr./Principal $ii0 i25 $13,750 7 COWOP Meetings Staff La $60 $0 HPC - By others Task Sub-Total $13,750 2 Council Sessions P&Z Combined w/Council 7 Team Work Sessions 7 Additional Meetings Coordination Project Mgr./Principal $1 I0 80 $8,800 StaffLa $60 $0 Task Sub-Total $8,800 Products Conceptual Alternatives P~oject Mgr./Principal $110 40 $4,400 StaffLa $60 64 $3,840 Task Sub-TotaI $8,240 Scenario Design Project Mgr./Principal $ 110 40 $4,400 Staff La $60 80 $4,800 Task Sub-Total $9,200 Solutions~Implementation Project Mgr./Principal $110 40 $4,400 StaffLa $60 80 $4,800 Task Sub-Total $9,200 DHM Labor Total $49,190 Studio B Work Scope Meetings Proj eot Mgr./Principal $ 100 77 $7,700 7 COWOP Meetings 1 HPC 2 Council Sessions P&Z Combined w/Council 7 Team Work Sessions Coordination Proj eot Mgr./Principal $100 29 $2,900 Products Conceptual Alternatives Project Mgr./Principal $100 72 $7,200 Scenario Design Project Mgr./Principal $100 84 $8,400 Solutions/Implementation Project Mgr./Principal $100 64 $6,400 Studio B Labor Total $32,600 [~25 TECHNICAL CONSULTANT TEAM SCOPE Needs Assessment Work Scope Municipal Needs Assessment Review Task Sub-Total $2.500 Not to Exceed Financial Analysis Work Scope Cost Review of Alternative Scenarios Task Sub-Total $3 Not to Exceed Technical Consultant Labor Total $6. Sub-Consultant Mark-up of 4% for coordination/billing/etc. $1,544 LABOR TOTAL $89,334 OTHER TECHNICAL CONSULTANTS (under separate contract) Structural Work Scope Traffic Consulting Work Scope Wayfinding Work Scope MEMORANDUM TO: Mayor Klandemd and City Council THRU: 3'0yce Ohlson, Deputy Planning Director CC: Finance Department FROM: Amy Gut~zrie, Historic Preservation Officer RE: "City of Aspen Historic Preservation Design Guidelines"- Supplemental Budget Request and Authorization for Expenditure of Grant Money DATE: August 12, 2002 Summary': The Community Development Department requests Council approval of a $2,446' supplemental budget request, which will serve as matching ftmds to a $6,000 grant that has been received from the State Historical Fund to update our historic preservation design guidelines. Council is also asked to authorize the expenditure of the grant. Background and Discussion: The "City of Aspen Historic Preservation Design Guidelines" were adopted in April 2000. Since then there has been very clear improvement in the quality of proposals brought forward and approved by the Aspen Historic Preservation Commission. A recent feature article in The Aspen Times noted the large number of exemplary projects currently under construction and included interviews with architects who view the design review process as easier to understand and more of a "team effort." Applying the guidelines over the last two years has however revealed areas where policies need refinement. In addition, as we plan for the protection of our post-war architectural heritage, we feel that there is not enough information in place to address the philosophical issues that will in some Ways be different than those posed by 19th century buildings. Aspen is ahead of other municipalities in the state in regard to these kind of efforts and the Colorado Historical Society has advised us to be pro-active and plan for the challenges that will be raised in reviews rather than be overcome by conflicts. The public will benefit from amendments to the design guidelines in several ways. The City is being responsive to applicants' needs by fixing problems that have been identified, and again reducing confusion over the review criteria. This will increase confidence in the Historic Preservation Commission's decisions. The whole community is benefiting from the results of the very high standards set by the design guidelines. P27 Work on the update of the guidelines is expected to begin right away and be completed around the start of the new year. Nord Winter, of Winter and Company in Boulder, who wrote the original guidelines, will assist the Commission in the update. The project will include workshops that are open to the public. Alternatives: We are committed to the project and under contract with the State Historical Fund for its completion. If Council is not in favor of a $2,446 allocation from the General Fund, the Community Development Department will have to re-assign funds from our departmental budget, which may affect other projects that are planned. Attachment: A. Budget P28 PROJECT BUDGET TASK Grant Cash Total Match PROFESSIONAL FEES: Minor changes related to clarification of $1,230 $1,230 policies where wording of design guidelines may need to be strengthened · Consultant to execute redlined changes provided by City · Consultant and City to review changes (Hours billed to City: 18) Development of new design guidelines $6,000 $410 $6,410 for more recent architecture (2 iterations) · Consultant to prepare for two public workshops - Initial meeting to establish basic policies for design guidelines - 2nd workshop to present draf; · Consultant travel and meeting time · Consultant to generate new text · Consultant to complete document layout · Consultant to generate new sketches · Consultant and City to proofread/review (Ho;u:s billed to City: 66) REIMBURSABLES · Consultant expenses (mileage, hotel, per diem for 2 trips from Boulder) $626 $626 SUPPLIES · Copies, etc.' from consultant $180 $180 TOTALS $6,000 $2,446 $8,446 To: Mayor and City Council From: Ed Sadler, Assistant City Manager Subject: Truscott Funding Date: July 22, 2002 About 2 years ago, when the Truscott project was being finalized~ Council was trying to put the funding package together to fund the project in light of depleted Housing reserves due to the RETT lawsuit. With money set aside in case the City lost the lawsuit, Housing funds for the project were tight at best and Council funded the project by a variety of sources. One of the sources was to use $225,000 from the "excess" Marolt reserves. Upon further investigation and consulting with Steve Jeffers (one of the City's bond consultants), it has been determ!ned that these funds are not "excess" and can not be used to fund Truscott. In light of this determination and with the RETT lawsuit behind us, I am asking City Council to repeal the appropriation from Marolt and to replace the funds for the project with Housing Funds in the amount of $225,000. With Housing Funds at a level of over $13,000,000, Housing should still have adequate funds to continue with any further projects that Council would pursue. CC: Maureen Dobson Finance Office MEMORANDUM To: Mayor and City Council Thru: Steve Barwick From: Jerry L Nye Date: July 30, 2002, 2002 Subject: Contract approval, CDOT SUMMARY: Staff recommends approval of the contract to partner with CDOT to overlay sections of Highway 82 in Aspen from Monarch Street through East End of town to city limit sign. PREVIOUS COUNCIL ACTION: Council approved a similar contract in May of 1997 and 2000 for themicro-surfacing and overlays of 82 in Town. CURRENT ISSUES: CDOT wishes to overlay portion of Highway 82 in Aspen. Since the City of Asaen has. ~ this current year. bid and approved a contract for its own streets To be sealed. CDOT wishes to add their work on 82 to our contract. This contract with CDOT is our guarantee to be reimbursed for the cost of the work on Highway 82 FINANCIAL IMPLICATIONS: The contract amount is $100,000.00 PROPOSED MOTION: move To approve Resolution #(o"~ of 2002. on ~ne Consent Calendar of Monday, August 12, 2002 CITY MANAGER COMMENTS: P33 RESOLUTION NO. ~o~' Series of 2002 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND The Colorado Department Of Transportation, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and. The Colorado of Transportation,a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and The Colorado of Transportation. a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ., 2002. Helen Klandemd. Mayor P34 I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the C~ty Council of the City of Aspen, Colorado. ar a meeting held .2002. Kathryn S. Koch, City Clerk P35 (ST$/LAWRK) Rev. 2/00 03 J:tA3 00005 CITY of ASPEN/R-3 (MAA) CONTRACT THIS CONT1KACT, made this day of ,20 , by and between the State of Colorado for the use and benefit of THE COLOIK,~DO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and the CITY of ASPEN, STATE of COLORADO, 130 South Galena Street, Aspen, Colorado 81611, FEI2q: 846000563, .hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS. 1. Authority exists in the law' and funds have been budgeted, appropriated and other~vise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 3200, Program 3000, Function 2040, Object 1920 1N, Reporting Category 3200, (Contract Encumbrance Amount: $100,000.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. · 4. The Local Agency (the State) anticipates a project for paving a portion of SH 82 within the city limits of Aspen, and by the date of execution o£this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of CDOT form #463 describing the general nature of that proj eot work. The Local Agency nnderstands that, before the project work is actually started, the description of the project work in that CDOT form #463 will likely be revised as a result of desig~ changes made by CDOT, in conjunction and coordination with the Local Agency, in its internal P36 review process. The Local Agency desires to agree to perform the project work as described in the Form #463, as it may be revised in that Process. 5. The Local Agency has requested that State funds be made available for paving a portion of SH 82 within tlhe city limits of Aspen, Colorado, as more specifically described in Exhibit A, attached hereto and made a part hereof (The Form #463 and/or a "Scope c f Work"), attached hereto and hereinafter referred to as "the project" or "the work". 6. The State has funds available and desires to provide 100% of'the funding for the work. 7. The Local Agency desires to comply with ali state and other applicable requirements, including the State's general administration of the project through this contract~ in order to obtain state funds for the projecL 8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the attthorized representatives of the Local Agency, which expressIy authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 9. This contract is executed under the authority of Sections 29-1-203. 43-1-110, 43-1-116, 43-2-101(4)(c), 43-2-t02 through 104, 43-2-144 C.R.S., as amended, as applicable, and the Local Agency ordinance/resohition. 10. The parties hereto desire to a~ee upon the division of responsibilities with regard to the project, 12. The Local Agency is adequately s!affed and suitably equipped to undertake and satisfactorily complete some or all of the work. 13. The State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEP,~EFORE, it is hereby agreed that: I. PROJECT DESCREPTION "The project" or "the work" under this contrac~ shall consist 0fpaving on SH 82 for the State of Colorado, Region 3 Highway Maintenance Section 2 in the city of ~spen, Colorad01 between milepost 39 and mileposi 42, as more specifically described in the Exhibit A (the Form #463 and/or a -2- P37 "Scope of Work") as it may be revised by the parties in the design review process before the proj oct work is actually started. II. INCORPORATION BY REFEKENCE All applicable state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth. Ill. WORK RESPONSIBILITY The Local Agency shall be responsible to perform (all design and/or fight of way and/or utility and/or constrttction and/or construction administration tasks needed to complete) the work, and the Local Agency shall comply with ali applicable terms and conditions of this contract in performing the work, including those process and task requirements addressed in the .Pre-Construction and Construction Administration Checklists attached hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards, inclttding those in this contract and in applicable law. IV. PROJECT FUNDING PROVISIONS A. The Local Agency has estimated the total cost the work to be $100,000.00 which is to be funded as follows: a. State funds: $100,000.00 Total Funds: $100,000.00 B. The maximum amount payable to the Local Agency under this contract shall be $100,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design` data P38 as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. C. The parties hereto agree that th/s contract is contingent upon ali funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the comract may be terminated by either parry, provided that any party terminating/ts interest and obligations herein shall not be relieved of any obligations which existed pr/or to the effective date of such term/nation or which may occur as a result of such tenninanon. V. PROJECT PAYMENT PROVISIONS A. The S tam will reimburse the Local Agency for incun'ed costs relative to the project following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency pr/or to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project. and will not be reimbursed by the State. B. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof as Exhibit D. Charges incurred by the Local Agency prior to the date of this agreement will not be charged to the project. VI. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Reg/on Director, Region 3, 222 S. Sixth Street, Grand Junction_ Colorado 81501, 970~ 248-7225. Said Region Director will also be responsible for coordinating the State's activities under this contract. Said Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representanves of the State's Transportation Regi >n 3 and the Local Agency. Until changed by notice in writing, ali such notices and commnnications shall be addressed as follows: P39 If to the State: If to the Local Agency: Weldon Allen Jerry Nye CDOT Region 3 City of Aspen 606 South 9th Street 130 South Galena Street Grand Junction, CO 8050t Aspen, CO 81611 (970) 248-7363 (970) 920-5133 B. The State will reimburse the Local Agency for the incurred costs relative tc the work, as provided in Section V(A). C. If the work includes construction, the State will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines are necessary to assure compliance with State requirements. D. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all project work has been satisfactorily completed, the State will sign a final acceptance form. Vih. LOCAL AGENCY COMMITMENTS A. DESIGN. If "the Work" includes preliminary design, or final design (a.k.a. "construction plans"), or design work sheets, or special provisions and estimates (collectively referred to as "the Plans' ), the parry that is responsible under Section ITl (either the Local Agency or the State) for the Plans\design shall comply with the £oliowing requirements, as applicable: l. perform or provide the Plans, to the extent required by the nature of the Work. 2. prepare final design ("construction plans") in accord with the requirements of the latest edition of the Amer/can Association of State Highway Transportation Officials (AASHTO) manual. 3. prepare special provisions and estimates in accord with the State's Roadxvay and Bridge Design Mannals and Standard Specifications for Road and Br/dge Construction. P40 4. include deta/ls of any required detours in the Plans, in order to prevem any interference of the construction work and to protect the traveling public. 5. stamp the Plans produced by a Colorado Registered Professional Engineer 6. if the Local Agency is the responsible parry, ~r shall afford the State ample opportunity to review the Plans and make any changes in the Plans as directed by the State to comply with FHWA requirements. 7. provide final assembly of the Plans and contract documents. 8. be responsible for the Plans being accurate and complete. 9. if the Local Agency is the responsible party, it may enter intc a contract with a consultant to do ail or any portion of the Plans and/or of construction administration. Provided. however, that if federal-aid funds are to participate in the cost of such work to be done by a consultant, the Local Agency shall ensure that its procuremem of that consultant contract (and the performance/provision of the Plans under that contract) complies with all applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172, tconcerning the Administration of En~neering and Design Related Service Contracts), and with any procedures implementing those reqmrements as provided by the State. including those m attachment #1. Those requirements and procedures include, without limitation: a) the Local Agency/Contractor shall submit any design consultant subcontract to CDOT for approval prior to its execution by the Local Agency/Contractor, as required by section 172.5 (d); b) al/changes in the contract shall be by written supplemental a~eement and must have prior approval of the State and FHWA. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall be similarly submitted; c) all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof; P41 d) the Local Agency/Contractor shall also use the CDOT procedures as described in Attachment #1 to administer that design consultant subcontract, to comply with sections 172.5(b) and (d); e) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, may also submit a letter to CDOT certifying Local Agency/Contractor compliance with those CDOT Attachment #1 procedures and with the requirements of sections 172.5 (b) and (d). f) the Local Agency shall ensure that its consultant contract contains the following language verbatim: 1) "The design work under this contract shall b e compatible xvith the requirements of' a separate contract between the Local Agency 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 contract for that purpose." 2) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution o f construction problems that may arise during the constrt~Ction of the project." 3) "The consultant shall review the construcfion contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this Work." 10. Following award of the construction contract(s) for the project, no further changes shall be made in the Plans except by ageement in writing between 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. B. CONSTRUCTION. If"the Work" includes con.struction, the party that is responsible under Section Ill (either the Local Agency or the State) for the construction/construction administration shall comply with the following rec~uirements, as applicable: P42 I. administer the construction in accord with the project's Pre-consmmtion and Contract Administration CheckIists. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; construction supervision; and, meeting the Quality Control (QC) requirements of the FHWA/State stewardship progam, all as more fully described in the project's Pre- construction and Contract Administration Checklists. 2. if the Local Agency is the responsible party, it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this ageement, the requirements of the construction contract, and applicable State procedures. The LAZE may be an employee of the Local Agency or may be a consultant. If the LAPE is an employee of the Local Agency, the LAPE shall be in ~:esponsible charge of the construction of the project (as provided in Section 12-25-102 C.R.S. as amended), notwithstanding any exception described in Section 12-25-103, C.R.S., as amended. 3. if the Local Agency is the responsible party, and if bids are to be let for the construction of the project, the Local Agency shall (in conjunction with the State) advertise the call for bids and (upon concurrence by the Slate) award the construction contract(s) to the low responsive, responsible bidder(s). a) In advertising and awarding the bid for the construction ora federal-aid project, the Local Agency shall comply with applicable requirements of 23 U.S.C. § 1 t2 and 23 C.F.R. § § 633 and 635. Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102 (e). b) The Local Agency has the option to accept or reject the proposal of the Iow bidder for work on which competitive bids have been received. The Local Agency must declare the -8- P43 acceptance or rejection at the award conference or within 3 working days a~er said bids are publicly opened, whichever occurs later.) c) By indicating its concurrence in such award at the award conference, the Local Agency 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 federal-aid funds will be made available for the project.) 4. tn the event that all or part of the construction work is to be accomplished by Local Agency personnel (i.e., by "force acconnt"), rather than by a contractor pursuant to a contract with the Local Agency, the Local Agency will insure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force Account Construction". a) Such work will normally be based upon estimated quantities and firm un/t prices agreed to between the Local Agency, the State and the FHWA in advance of the Work, as provided for in Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Acquisitinn Regrdations (FAR), 48 C.F.R. Part 31. c) Rental rates for publicly owned equipment will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Br/dge Construction". d) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated nntiI the State has issued a written notice to proceed. C. ROW ACOUISITION/RELOCATION. If acquisition and relocation assistance is required for the project, the Local Agency will be responsible to perform the acquisition and relocation assistance, as requ:ired by Sections 24-56-101, et seq., C.R.S. Prior to this project being advertised for bids, the Local Agency will certify in P44 writing to the State that all fight of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. D. UTILITIES. The Local Agency will be respons(ble for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. E. ENVIRONMENTAL. The Local Agency shall perform all work in accord with the requirements of current federal and state environmental regulation, including the National Enviro~mentaI Policy Act of 1969 (ix/EPA) as applicable. F. IKECORDKEEPING. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of:final payment to the Local Agency. Copies of such records shall be furnished by the Local Agencyifrequested. The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit the project records. G. MAINTENANCE. (Note: if maintenance is to be the ~esponsibility of the state, move this provision to State Commitments and revise accordingly). The Local Agency will maintain and operate the in~provements constructed under this contract, at its own cost and expense during their useful life, in a mariner satisfactory to the State and will make ample provision for such maintenanc~ each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State will make periodic inspections of the project to verify that such improvements are being adequately maintained. VI~[. GENERAL PROVISIONS -10- P45 A. Notwithstanding any consents or approvals given by the State for the Plans, the State ~vill not be liable or responsible in any manner for the structural desig-n, details or construction of any major structures that are designed within the Work of this contract. B. If the work involves construction, the State shall have the authority to suspend the work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen 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. C. This contract may be terminated as follows: (a) Termination for Cause. If, throu~h any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its propertyj and the Local Agency shall be entitled to received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to ret~.trn any payment advanced under the provisions of this contract. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if thc contract had been terminated for convenience, as described herein. (b) Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of f~-~nds under the contract would no longer be P46 served by completion of the project. The State shall effect such termination by giving ~vritten notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such term/nation. (c) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation ar/sing under this contract are contingent upon availability of such funds to the State. In the event that such funds or anypart thereof are not available to the State, the State may immediately terminate or amend this contract. D. Notwithstanding anything herein to the contrary, the parties understand and agree that al/ terms and conditions of this contract and arracmments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modi~cation of this contract shall be effective unless agreed to in xvidting by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law F. To the extent that this contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereo£ The waiver of any breach of ~ term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach G. This contract is intended as the complete inte~ation of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any -2.2- P47 ~ force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. H. Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's £urther covenants that, in the performance of this contract, it will not employ any person or 5tm having any such known interests. J. This contract shalt become "effective" only upon the date it is executed by the State Controller, or designee. The term of this contract shall begin on the date first whtten above and shall continue through the completion arid ~nal acceptance of this project by the State and Local Agency. K. The Special Provisions attached hereto are hereby made a part of this contract. The Local Agency shall comply w/th all applicable terms and conditions of such attachments. L. If a conflict occurs between the provisions o£this contract proper and the attachments hereto, the priority to be used to resolve such a conflict shall be as follows: 1. The Special Provisions referenced in Section VB2, paragraph K, above; and 2. This contract proper; 3. Other contract attachments and exhibits, in their respective order. M. Itis expressly understood ~nd a~eed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by'any other or third person on such contract. It is the express intention of the parties that any person or entity other than the pmties receiving services or benehts under this contract be deemed to be an incidental beneficiary only. N. The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency warrants that it has taken all actions required by its procedures, by- laws, and/or applicable law to exercise that authority~, and to lawfully authorize its undersigned P48 signatory to execute this contract and to bind ~e Local Agency to its terms. The person(s) executing this contract on behaI:['of tl~e Local Agency warrants that they have full author/zation to execute tl'fis contract. O. The Local Agency and the State may use one or all of the Contract Modi~cation Tools contained in ADDENDUM A, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and author/zed tl~ere~n. P49 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: BILL OWENS, GOVEPuNOR By By_ Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: ARTHUR L. BARNHART KEN SALAZAR State Controller Attorney General By By Assistant Attorney General I Civil Litigation Section ATTEST: (SEAL) CITY of ASPEN, COLORADO Federal Employer Identification N~[mber: 84~50000563 P50 MEMORANDUM DEPARTMENT OF TRANSPORTATION 606 South 9th Grand Junction~ Colorado 81501 (970) 2A8-7364 Fax (970) 241-3539 III DATE:July 19, 2002 TO:Dave Miller/Mike Adams FROM:Del French SUBJECT: Scope of work for City of Aspen IGA We are requesting to enter into an agreement with the City of Aspen to perform paving operations on state highway 82 inside of the city limits of Aspen. We are requesting the city of Aspen manage the project with a contractor to pave various locations form milepost 39 to milepost 42. This project is not to exceed the amount of $100,000 and the city will invoice CDOT for the cost of the/n-place paving performed on the state highway. Following are 4 locations that are in need of repair for both vehicle and bicycle safety: 1. Monarch Street to Neale Street = Rottomill and pave 60 feet wide by 1660 feet long 2. Cooper Street to Cleveland = Rottomili and pave 60 feet wide by 800 feet long 3. Riverside to Midland = Pave for vehicle and bicycle safety 4. Crystal Lake Road to East end of City LJraJts approximately 2000 feet in length. EXHIBIT A P51 A~ACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO ZMPLEMENT FEDERAL-AZD PRO]ECl AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR t72(d) state that, when federal- aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ...". Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in procedural Directive (P.D.)400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and colorado Revised Statute (C,R.S.) 24-30-1401 et seq. copies of the directive and the guidebook may be obtained upon request from CDOT'S Agreements and ConsultantManagement Unit. [Local agencies should have their own written procedures on file for each me%hod of procurement that addresses the items in 23 CFR 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 local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation' factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requ!rements of C.R.S. 24-30-140S, The public notice period, when such notice is required, is a minimum of 1S 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 consultant 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%) Disadvantaged Business Enterprise {DBE) participation as a minimum for the project. S. The analysis and selection of the consultants should be done in accordance with C.R.S, 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre- qualified prime consultants and their team. Et 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. P52 Evaluation factors for final selection are the consultant's: 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 consultants. under 24-30-1401, cost shall not be considered as a factor in the evaluation of professional consultant services, 6. Once a consultant is selected, the'local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000, Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 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 f~fteen (ZS) percent of the total direct and indirect costs. 7. A qualified local agency 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 contract, At the end of project, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed aoove is to be documented in accordance with the provisions of 49 CFR Z8,42, which provide For records to oe kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be keot at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408. 23 CFR Part 172, and P.D. 400,Z, provide additional details for complying Nith the eight (8) steos just discussed. P53 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1 This co~tract shall not be deemed valid until i~ shall have been approved by the Controller el the State o[ Colorado or such assistant as he may designate. This grovisio~ is applicable to any contract involving the payment of money by the State FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable aher the current fscal year are contingent upon funds for fha( purpose being appropriated, budgeted, and o~herwise made available BOND REQUIREMENT 3. if ~his contract involves the payment of more than fifty thousand dears for the cons[rucfon, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, before entering upon [he performance of any such work included in this contract, duly execute and deliver to the State o~ficiaL ~ho will sign the contract, a good and su~dent be~d or e~her acceptable surety to be approved by said o [ficJal in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithtul performance of the contract and in addifon, shall provide that if the Contractor or his subcontractors fail to duly pay far any labor, mate rials, tea m hire, sustenance, provtsions, provender er other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted ~o be done or Jails to pay any per~on who supplies rental machinery; too[s, or equipment in the prosecution of the work the surety wii~ pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Un[ess such bored is executed, delivered and ~led, no claim in favor of the Contractor adsing under such contract shall be audited, allowed or paid. A certified or cashier's check or a ban k money order payable to the Treasurer of the State of Colorade may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-196. INDEMNIFICATION 4 To the extent authorized by [aw, the contractor shall i~demnifiy, save, and hold harmless the State, its employees and agents, against any arid all claims, Damages, liabitlt~ and court awa rd s including costs, expo nses, and a~torney f~es incurred as a result of any act or omission by the contractor, or its employees, Agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5 The Contractor agrees to comply with the loiter and spirit of the Colorado Anfdiscdminafon Act of ~957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 2¢-34-402), and as required by Sxecutlve Order, Squal Opportunity and Aftirma live Act[on, P54 become s involved in, or is threatened wlth, Ift~getion, with the subcontracter or vendor a s a result of such direction by the contracting agency, the Contractor may request the State of Colorado to enter into such Jlt[ga[ion to protec~ ~he [nterest of the State of Colorado COLORADO LABOR PREFERENCE a. Provisions of CRS 8-17-10~ & 102 for preference of Colorado labor are appHcaffie to this contract if public works within the State are undertaken hereunder end are financed in whole or in part by Stale funds. b. When a construction contract for a public project is t~ b~ awarded [oa bidder, a resident bidder shall be arlowed a preference against a non-resident bidder from a Sta~e or foreign country equal to the preference given or required by the State or foreign country in which the non-resident bidder iS a resident, if it is de,ermined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of eederal funds which would otherwise be available or would otherwfse be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent dot, iai of the moneys Or to eliminate the thconsistency wflh Federal requirements (CF~S 8-19-101 and 102). GENERAL 7, The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applfed in the inlerpretation, execu8ot~, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or ~erson or which is otherwise ~n conflict wkh said laws, rules, and regulations shall be considered null a nd void. Nothing ¢antained in any ptovfsion incorporated herei~ by reference which purports to negate this or any ether special provision in whole or in part shall be valid or enforceable or av¢ilable in any action at law whether by way of complaint, defense, or otherwise, Any provision rende red null and void by the ope ration of thls provfslon will not invalidate the remainder of [his con(tact to the exten~ that the contract is capable ol execution. 8. At all times during the performance of this contract, the Contractor shall stedtly adhere to ail applicable federal and Sta~e laws, rules, and regulations that have been or may hereafter be established. 9 Pursuant to C RS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under ~he vendor offset intercept system for: (a) unpaid child support debt or chlid support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid lear~s due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation f~nd; and (e) other unpaid debts owing to the state or any agency thereof, the amount of whlch is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller 10. The signatories aver that they are familiar with CRS 18-8301, et seq., (Bribery and Corrupt influences) and CRS 18-8~.01, et. seq., (Abuse of Public Office), and that no violation of such provisions fs present, 11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property descflbed herein. -19- P55 ADDENDUM A: CONTRACT MODIFICATION TOOLS The Local Agency and the State may use a Funding Letter in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. FU2qDING LETTER. Under this Contract, the Local Agency has a~eed to provide funding based on the terms as described herein as needed to satisfactorily perform and complete the work, subject to the availability of funding. Funds are currently available and encumbered for the work in the amount specified above. However, the total cost to complete the work, and the resulting total funding ammmt(s) to be provided by the State and Lodal Agency in exchange therefor, as described in this Contract or otherwise made known to the Local Agency, are only estimated. If the parties detem~ine that they have underestimated/overestimated the total cost of the work, they have the right to take the following action: A. to increase/decrease the amount of available funds under this Contract. In the event of this action, the State will notify the Local Agency thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to the form attached hereto, and it 5hail not be deemed valid tmtil it shall have been signed by the Local Agency and approved by the State Controller or such assistant as he may designate. -20- COLORADO DEPARTMENT OF TRANSPORTATION AUTHORITY: CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER State Controller Policy letter on jude ] 2, 1996 Region: Complete section ] and submit to COOT Controller's office. COOT Controller letter on May 23, 1996 (])This form to be used for the following contracts/situations only (check the appropriate situation): __indefinite quantity, order more/add more __utility/railroad, underestimated total cost __CDOT construction, sum of CMO's __LA construction, underestimated cost _~CDOT construction, underestimated total cost ~CDOT consultant, underestimated cost SECTION 1 (Region use) Date: (2) Project code (3) To: COOT Controller (FAX #(303) 757-9573 or e-mail CONTROLLER) Project # (4) From: Office: (5) Phone # (5) FAX# (5) Region # (S) CDOT has executed a contract with: (6) Address: (6) FEIN # (6) Contract routing # (7) COEds encumbrance # (i~dlcate PO, SC or PG #) (8) Func. GBL Fund Orgn, Appro. Prgrm. Object/Sub-obi N/P Reporting Catg. Proj/Sub/Phase (9) (9) (9) (9) (9) (9) (9) (9) (9) Original contract amount Has a Budget Request been processed to cover the contract amount increase? $ (lO) _~yes~no (14) Previous Funding Letter(s) to[al Preparer's name (1S) .% (ll) (Funding letter#l Ihru ~ PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval $ (]2) 06) (~) PHONE NO: Adjusted contract amount CDOT Designee Approval $ (] 3) (17) Local Agency appr0vai (18) SECTION 2 (Controller's Office use) (19) Total allotment amount Commission budget $ (1 9) $ (1 g) If construction: CE charges Indirect chgs Adjusted contract amount plus total CE & indirect __CE pool elig. (1 9) $ (1 9) $ (1 9) charges calculation $ (l 9) have reviewed the financial status of the project, organization, grant and have determinec~ that sufficient funds are available to cover this increase, effective as df~ = (t9) State Controller or Deiegee Date (20) (20) EX.A~PLE A (Lump Sum Contracts) Exhibit D, Page 1 of 5 Company Name: Project No. Address: Project Location Employer (FEIN) ID Number: Subaccount No. Invoice Number and Date: Progress Report Dated: % Completed: (1) Current Billing Period: From: To: BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL: (2) $ Total Billed to Date: $ Less: Retainage (10% ofbilting not to exceed 5% of contract) $ [ Less: Prior Payments: $ Prior Billing: $ Less Retainage: $ $ TOTAL CUTLKENT PAYMENT REQUEST: * $ % To date of DBE work: certify that the billed amounts are m agreement with the contract terms: e, ignnmre Title Completed x Contract Total = Total Cun-ent Payment Request (t) x (2) = (*) -22- EXAMPLE B (Cost Plus Fixed Fee Contracts) Exhibit D, Page 2 of 5 P58 Company Name: Project No. Address: Employer (FERN) ID Number: Project Location Invoice Number and Date: Progress Repor~ Dated: Subaccount No. % Completed: BASIC AND / OR SUPPLEMENTAL CONTKACT TOTAL $ Prior period Billing Amount: $ Current Billin$ Period: From: To: DIRECT LABOR: ist Individually) Regular Direct Hourly Rate Overtime Cost Employee Name Classification Hot,rs $ Hours * Current This Period Total Amount to Date (Optional) Subtotal - Direct Labor $ $ Ind/rect (%) (as specified in contract) $ OTHER DIRECT COSTS (Tn-House) List individually - at actual cost as in final cost pr6posal; mileage (miles X $)~ $ $ CAZ)D (hrs. x $), equip, rental (Hrs. x $), etc. SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS) $ $ FEE (%) (As specified in the contract) $ $ OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) $ $ To be in the same format - at~ach copies) % To Date on DBE Work $ $ Outside Services Management Expense (when applicable) $ $ TOTAL C~NT PERIOD: $ $ TOTAL TO DATE: $ LESS: Retainage (10% of billing not to exceed 5% of contract LESS: Prior Payments $ $ Prior Billing $ Less Retainage $ $ $ TOTAL CURRENT PAYMENT REQUEST $ ! $ I cerdfy that the billed amounts are actual and in agreement with the contract terms: 3lgnature 1 ~tle Date *Eligible classifications only: in accordance with contract EXAMPLE C (Specific Rates of Pay Contracts) Exhibit D, Page 3 of 5 -22 - !do~n'~pany Name: Project No, Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. % Completed: BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ Current Billing Period: From: To: PAY RATES: (List Individually) Regular Overtime Rates of Pay Cost Employee Name Classification Hours Hours* S/l-[ours** $ SUBTOTAL-PAY th&TES: $ OTHER DIRECT COSTS (In-House) List individually - at acmaI rates as in final cost proposal; mileage (miles X $), CADD (hrs. x $), equip, rental (hrs. x $), etc. $ SUBTOTAL (Pay Rates and Other Direct Rates) OUTSfDE SERVICES (Subconsnltants & Vendors) (List individually) $ (To be in the same format - attach copies) % To Date on DBE Work $ Outside Services Management Expense (when applicable) $ TOTAL CURRENT PERIOD: $ TOTAL TO DATE: $ LESS: Retainage (I 0% of billing not to exceed 5% of contract) $ LESS: Prior Payments $ Prior Billing $ Less Retainage $ TOTAL CUq~d~NT PAYMENT tLEQUEST I ce~°.ify that the billed amounts are actual and in agreement with the contract terms: Signature Title Date *Eligible classifications only: in accordance with contract ** In accordance with contract EXAMPLE D (Local Agenc7 Billing) Date Exhibit D, Page 4 of SECTION h CONTRACT DATA Local Agency:_ Project No. Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date: % Completed: Subaccount No. BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $ Federal Share $ Local Agency Share $ State Shares Prior Period Billing Amount: $ Cun~ent Billing Period: From: To: SECTION II. INCURRED COSTS DIRECT LABOR: (List individually) Employee Classification Regui~.r Direct Hourly Overtime Cost Name Hours Rate $ Ho~trs* $ Current Total to SUBTOTAL - DIRECT LABOR Tkis Period Date BENEFITS °/o OF DIRECT LABOR $ $ OTHER DIKECT COSTS (In-House) $ ~ $ List individually-at actual cost; Mileage (m/les x $), CADD (hrs. x $), $ $ Equip rental (hrs. x $), etc. OUTSIDE SERVICES (Consultants & Vendors) (List/.ndividually) (To be/it this same format- $ $ attach copies of invoices) TOTAL COSTS CUP, RENT PERIOD: $ TOTAL COSTS TO DATE: $ SECTION III. BILLING TOTAL BILLING CUP_RENT PBI~OD % OF TOTAL COSTS): $ Prior Billing: I certify that the billed amounts are actual and in agreement with the contract terms. Signature Title Date *Eligible classifications only -25- BB~A~v~PLE E (Fixed Multiplier Contracts) Exhibit D, Page $ of 5 Company Name: Project No. Addrecs: Empj_oyer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. % Completed: BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ .. Current Billing Period: From: To: PAY RATES: (List Individually) Regular Certified Fixed Coct Employee Name Classification Hours Hourly Rates Multiplier SUBTOTAL-PAY RATES: OTHER DIKECT COSTS (In-House) List individually - at actual rates as in final cost proposal; rmleage (miles X $), CADD (hrs. x $), equip, rental (hrs. x $), etc. SUBTOTAL (Pay Rates and Other Direct Rates) OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) iTo be in the same fbrmat - attach copies) % To Date on DBE Work Outside Services Management Expense (when applicable) TOTAL CUBbq_ENT PERIOD: TOTAL TO DATE: LESS: Retainage (10% of billing not to exceed 5% of contract) LESS: Prior Payments Prior Billing $ Less Retainage $ TOTAL CURIZLENT PAYMENT KEQUEST I certify that the billed amounts are actual and in agreement with the contract terms: Signature Title Date Memorandum TO: Mayor and Members of Council FROM: John P. Worcester DATE: August 12, 2002 RE: Resolution to Initiate Annexation Proceedings for Maroon Creek Road Attached for your consideration is a resolution that. if adopted would initiate annexation proceedings for the Maroon Creek Road. The Board of County Comm/ssinner of Pitkin County, the owners of the property filed an annexation petition with the City Clerk on July 9. 2002. Tiffs office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant m state annexation laws. According to state law. the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12- 105, C.R.S. Section 31-12-104 of the Colorado Revised Statutes requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality .... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or wilI be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality .... Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the 1/mitations in the statute appear to prevent tiffs annexation (limitations on dividing land held in identical ownership, commencement of annexation proceedings for annexation to other P63 municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31-i2-104 and 31-12-105, C.R.S. as described above. (b) Land Use approvals needed to authorize an AH project, including rezoning needs to be established through P&Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed,' two ordinances will be presented to Council to formally annex the area into the City. ACTION: A motion to adopt Resolution No.'5~ , Series of 2002. REQUESTED JPW-O8/02/2002-6: kj ohn\word\memos \maroon-creek-rd-annl. doc P64 RESOLUTION NO. ~ (Series of 2002', A RESOLUTION OF THE CITY COUNCIL OF ASPEN. COLORADO. RELATIVE TO THE PETITION FOR ANNIEXATION OF TERRITORY TO THE CITY OF ASPEN. COMMONLY IcdNOWN AS THE 'MAROON CREEK ROAD RIGHT-OF-WAY ANNEXATION": FIN'DING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE. TIME~ AND PLACE FOR A PUiBLIC HEARING TO DETERMINIE COMPLIANCiE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.: AUTHORIZING PUBLICATION OF NOTICE OiF SAID HEAR1NG; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS_ on July 9, 2002. Patti Clapper, Chairperson of Board of County Commissioners of Pitldn County, on behalf of the Board of County Comrrfissioners of Pittdn Connry, the owner of the property proposed to be annexed_ did ~Ie with the City Clerk of the City of Aspen a Petition for Annexation of temtory ro the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annex- ation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication ro the City Conncil for appropriate action [o determine if the petition is substantially ~n compliance with S ection 31 - 12-107. C.R.S.; and WHEREAS. the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and lo,md by them to contain the information prescribed mad set forth in paragraphs (c) and (d) of subsection (1) of Section 31-I2- 107, C.R.S.; and WHEREAS, one htmdred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and P65 WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City )f Aspen initiate annexation proceed, ings in accordance ~vith Sections 31-12-108 to 21-12-110. C.R.S.. whenever a petition is filed pursuant to subsection (1) of Section 31-12-107. C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory ro the City of Aspen is hereby fo~md and' deten'nined ~o be .in substantial compliance with the provisions of snbsection .1) of Section 31-12- 107, C.R.S. Section 2 That the City Cmmcil hereby determines that it shall hold a public heating ro determine if the proposed annexation complies with Sections 31-12-104 and 31~12-105, C.R.S., and to establish whether or not said area is eli~bIe for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Cmmcil of the City of Aspen at 5:00 o'clock p.m. on the 23rd day of September, 2002, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 8161'1. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall gve pnblic notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding xvhether the area proposed to be armexed meets the applicable req~tirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for P66 annexation. Said notice shall be published once a week for fottr consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The fzrst publication of such notice shall be at least thirty days pnor to the date of the hearing. The proof ofpublication c fthe resolution shall be rettmhed when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in wkich said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commhissioners and to the County Attorney of Pitldn Cotmty and to the Aspen School District at least't~venty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Conncil of the City of Aspen on the day of ,2002. Helen Kalin Klanderud, Mayor I. Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing Is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, ar a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk 3 P67 - P~TITION 70R .~%iNEF~TION ON TERRITORY TO THE CITY OP ASPEN. COLOmbO The undersized Petitioner, being the land o%vner within the exterior boundary of the territory herinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of ~he proposed area ~o be a~exed in accordance wi~ the p~ovisions of C.R.S. 197~ 3N8-101, et. Se~., as may have been amended, and in support ~hereof allege as follows: 1. It is necessa~ and desirable that the territo;y desc~bed in the Iand desc~pfion below be annexed to the City of Aspen. 2. The r~quiremen~s of C>R>S> 1973 31-104 and 31-8-105 e~st or have be~n met. 3. The Petitioner is ~e o~vner of t~e territory sought to be annexed and therefore is the o~ner of more than S0~ of the t6~tory sought to be ~exed. LAi,,!O DESCRIPTION: The legal description of the land owner by P¢_titioner for which armexation is songj-zt is as follows: ,~ SEE ATTACHME~ A~ACHME~S: Accompany~g this Petitior. are the following: Circulator's a~idavit (b) Proof of Ownership (copy of Title Co~itmant from Stng~ Wi[lc) (c) Four <~) p~nta of an annexation map containing ~e i~o~ation required by C.R.S. 1973 31-8-107 NAiViE MAILING A3DDRESS DATE SIG~yATURE / / P68 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO County of Pitkin The undersigned, being duly s'~vom, deposes and states as follows: 1. I am over the age of 21 years 2. f am the ~lator f th~ forsgo~g Petition; and, 3. Each si~ature thereon is the signature of the person pu~or~s :o s~b~C~p~.~ =d swo= ~ob~fore me on th~s ,;~ day of ~ ' ' I I P69 ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 ANrD I2, TOIYNSHIP I0 SOUTH, I~_NGE 85 ~ST OF T~ 6th P.M. SAID PARCELS BEING MO~ PARTICULA~Y DESC~ED AS FOLLOWS: A~EXATION ~ARCEL A PROPERTY DESCMPTION Co--eating at the S i/4 CO~%~R SECTION l I T 10 S, R 85 W OF 6~h P.M., A FO~D ~BAR CAP, ILLEG~LE (LS 9018 ~CO~); thence N.88°S6'32"W., a distance of 1 i2.89 fe~t to a po~t easterly bounda~ of Iselin Park P.U.D. O,e true pont of beginning; thence N.gS°57'3 I"W., along said boundary line a distance of 16.95 feet; thence contNuing along said bound~ !~e N.l?03'19"E., a dis~ance of I91.00 feet; thence cont~uing &long said bounda~ line N.02°I329"E., a distance of 41.23 feet; ~henc~ leav~g said boundaW line N.I0%0'16"E., a distanc~ of39g.85 fe~t ~o a pont on the w~sterly boundaw of the Aspen School Dis=icl prope~; ~hence S.0P5 I'57"W., along said boundaw lNea distance of 283.96 feet to the No~hwest comer of Open Spec: Area 2 of ~he Moore Family P.U.D.: thence S.0I°5 !'57"W., along the westerly bouada~ of said Open Space Men 2 a distance of 227.87 t~et: thenc~ continuing along said boundaw a distance off 113,35 feet along the arc ora non-tangent cu~e to the rign~ having a radi~ of 3 I2.29 feet and a cen=aI angle of 20%?'47" (chord bears S.1715'39"W. 1 i2.73 feet/: thence leavNg said boundaw N.88°32'I6"W., a diet,ce of 57.82 feet; to the PO~T OF ContaNing 28,475 aquae feet or 0.654 acres, more or less. A~TION PARCEL B PROPERTY DESC~PTION Co~encNg a~ the S i/4 CO~%R SECTION I 1 T 10 S, R 8~ W OF 6th P.M. FOU~ ~BAR & CAR ~LEG[BLE (LS 9018 ~CO~); ~ence N.21°01'20"W., a distance of246.5" feet to the Southeast comer of that prope~ described N ~C ~388528 of the Pkkin CounV recor~ the =ne >o~t of beginning; thence N.0P57'23"E., along the boundaW of said prope~ a distance of 739.66 feet; thenc= condnui=g along said boundaw of said prope~ N.0P52'4?"E., a distance of 326.i0 feel; thence leaving the bounder) of said prope~ 8.03° 13'23"E., a distance of 674.27 feet to a point on ~e westerly boundaw I~e of the Aspen School Die,icl p~ope~; thence IeavNg said botmdaw S. i0%0'16"W., a distance of 398.85 feet to PO~T OF BEG~G. Co~tainMg 32,128 square fe~t or 0.?38 acres, more or less. A~EXATION PAKCEE C PROPERTY DESC~PTION Co~encNg at the S I/4 CO~NE~ SECTION 11 T I0 S, R 85 W OF 6th P.M. FO~D ~BAR & C~ ILLEGIBLE (iS 9018 ~CO~); thenc: N.02° 1853"W. a distance of 1296.59' fe~t to a poNl on the boundaw of that prope~ described in ~C ~388528 of the Pitkin Counw records the true point of begging; thence along s~id bound~ line a dish,ce of 316.43 feet along.the arc of a non-~angent cu~e the right having a radius of 205.42 fee~ ~d a c~n=at angle of 88°15'31" (chord bears N.46000'3 I"E. 286.06 feet); thence leavNg said boundaw line S.86°30'03"E., a distance of 841.81 feet to a pont on the bounds/ of ~he Aspen School Die,icl prope~; ~eace ~h= following four (4) courses 1. S.88°51'57"W., a distance of 291.77 feet 2. S.89%0'57"W., a distance of 550.04 3. a distance of 222.88 fe~ along ~he arc ora non-tang=ut curve to the le~ havMg a radius of 145.42 feet ~d a c:n=ai angle of 87%9'00" (chord bears S.45%6'27"W. 20 i 20 feet) 4. S.01°51'5?"W.~ a distance of 671.36 feet; thence N.03° lT23"W., a distance of 674.27 feet to the PO~T OF BEGgiNG.ContesSa 62,730 square feet or 1.440 &cre$, more or less. A~EXATION PARCEL D PROPERTY DESC~WTION PTO Commencing at the S I/4 COI:LNER SECTION 11 T 10 S, R 85 V,/OF 6r.h P.M. FOUND iTEBAR ,.% CAP, ILLEGIBLE (LS 90I 8 RECORD); thence N.05°5 I'47"E., a distance of 1502.07 feet to a point on the boundary of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following four (4) courses i..~ N.89°4I'47"E., a distance of 547.59 feet 2. N.gS°52'47"E., a distance of 745.86 feet 8. a distance of 320.74 l'eet along the arc of curve to the left havLng a radius of 1,447..35 feet and a central angle of 12°4 I'49" (chord bears N.82°3 i'52"E. 320.08 feet) 4. N.76°10'58"E., a distance of 870.00 feet; thence S.75°06'11 "W., a distance of 798.24 feet to the Southwest corner of Maroon Creek Road fight-of- way as dedicated on the plat of Meadowood Subdivision Filing Two; thence N.00°40'i 9"E., along the westerly boundary, of said rig. hr-of-way and fi~t-oDway extended 18.54 feet; eence leaving said fight-oD way an~ fight-of-way extended S.88°48'3 i"W., along the northerly boundary, of the Moore Family P.Lr.D: and the northerly boundary extended 58.4.3 feet; thence cuntinu/ng along said northerly boundary S.88°52'08'W., a distance of 300.00 feet; thence leaving said northerly boundary N.g6°80'08"W-., ~. distance of 841.81 feet to the POFNT OF BEGFN-N1-NG. Containing 59;884 square feet or 1.375 acres, more or iess. ANNEXATION PARCEL E PROPERTY DESCPdPTION Commencing at the S I/4 CORNER SECTION 11 T 10 S, R 85 W OF 6th P.M. FOUND REBAR & CA/P, ILLEGIBLE (LS 9018 RECORD); thence N.52° 17'28"E., a distance of 2S84.00 feet to a point on the boundary line of that prope,Wy descfibed in REC #388528 of the Pitld~ County records the true point of beginning; thence the following three (3) courses 1. a distance of 338.28 feet along the arc 6~'a non-tangent curve:to the left having a radius of 440.00 feet and a cena-aI angle of 44°03'00'' (chord bears N.54°09'28"E. 330.01 feet) 2. N.32°0T58"E., a distance of 492. I0 feet 8. N.00°25'13"W., a distance of 92.66 feet to a point on the southerly rift-of-way of State Highway No. 82; thence b. long said southerly fight-of-way a distance of 139.44 feet along the arc of a non-tangent curve to the left having a radius of 1196.00 feet and a centraI angle of 06°40'49' (chord bears S.58°09'27'E. 139.36 feet); thence lea¥ing said right-of-way S.2~°44'38"W, a distance of 114.70 feet; thence S.42°43'08"W., a distance of 189.74 feet to a point on the sgutherly right-of-way boundary of Maroun Creek road as dedicated on the Meadowood Filing Two Plat; thence the following four (4) course: I. S.32°07'19'W., adistance of 270.21 feet 2. a distance of 392.10 feet along the arc of curve to the fig.hr having a radius of 510.00 feet and a cen,'ral angle of 44°08'00'' (chord bears S.54°08'49"vg. 382.51 feet) 3. S.76°10'I9"W., a distance of 270.00 feet 4. a distance of 432.75 feet aloag the arc of curve to the fight having a radius of 1,7I 0.00 feet and a central angle of I4°30'00'' (chord bears S.83°25'19"W. 431.60 feet); thence N.75°06'J. I"E. 798.34 feet to the POINT OF BEGFNNFNG. Containing 114,761 square feet or 2.6.35 acres, more or less. RESOLUTION NO. q 5 (SERmS Or 2002) A P,~SOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CERTAIN CONTRACT TO BUY AND SELL 1KEAL ESTATE BETV, KEEN TIlE CITY OF ASPEN AND LOUIS J. ZUPANCIS AND ROBERT L. ZUPANCIS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SA2v~E ON BEHALF OF THE CITY OF ASPEN. YMHEREAS, there has been submitted to the City Council a Contract to Buy and Sell real Estate between the City of Aspen, Colorado, and Louis J. Zupancis and Robert L. Zupancis, a copy of which contract is annexed hereto as Exhibit A and made a part hereof. NOW, THEiKEFO1KE, BE IT P,~SOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Conncil of the City of Aspen hereby approves that Contract to Buy and Sell Real Estate between the City of Aspen, Colorado, and Louis ~. Zupancis and Robert L. Zupancis, and does hereby authorize the City Manager to execnte said contract on behalf of the City of Aspen. Section Two The property that is the subject of said contract shall not be placed into pnblic use until such time as the City Council decides the best use of said property, including, but not limited to, redevelopment as affordable housing, park and recreational use, governmental offices, or combination thereof; or, for re-sale to a¢other governmental entity, not-for-profit organization; or to the private sector, as the City Council shall deem in the best interests of the City. Dated: ., 2002. Helen Kalin Klandemd, Mayor P73 I, Kathz3m Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ., 2002. Kathryn S. Koch, City Clerk JP W-08/07/2002 -G:\john\wordh-esoskzupan¢is.doc P74 CONTRACT TO BUY AND SELL REAL ESTATE T~IS CONTRACT, made and entered on this ,2002 by and between the City of As?eh, a Colorado l~ome r~le municipaI corporation ("B~yer"), and Louis J. Zupancis and Robert L. Zupancis (collectively "Seller"). WITNESSETH, that the Seller wishes to sell certain real property commonly referenced as the Zupancis residence; and WHEREAS, the Buyer desires to purchase the Property from Seller; and NOW, THEREFORE, the part/es hereto, for the consideration hereinafter set forth, agree as follows: 1. PART/ES AND PROPERTY. The City of Aspen agrees to buy'and the Seller agrees to sell, on the terms and conditions set forth below, the roi]owing described real estate property situated in tt~e County of Pitkin, State of Colorado (the "Property"), to wit: Description attached as Exhibit "A". The address oftlne Property is 540 E. Main St., Aspen, Colorado, 81611 I/ne Property shall include the following items: (a) Fixtures; Personal Property. If attached to the Property on the date >fthis Contract lighting, heating ,pl~,~mbing, ventilation, and air conditi >ning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mien'ors, floor coverings, c~rtain rods. drapery rods, s~orage sheds, srn >ke/5re detectors, security s5 s~ems, and all keys. Ail fixtures shall be conveyed at Closing free and clear c fall taxes, liens and encumbrances, by bill ofsale or other applicable legal instrument. Ali persona/property left on the property ar the Closing, or later than the pessession date as to the habitable residence and two modern garages, shall become the Buyer's property un/ess alternate arrangernerirs are hereafter made between the part/es. (b) Water Rights. As part of this Contract, Buyer shalI convey ali water and water rights, whether tributary, non-tributary, whether adjudicated or unadjudicated, and ali ditches and ditch rights, water wells and well r/ghts, State Engineer ~lings, well registration statements and well penn/rs, water raps. reservoirs and reservoir rights, which are, or have been or may be used on or in cennecrion with. or are appurrenam to, or located on or underlying, or m any way associated with the property. Seller shall deliver all decrees, penn,rs, agreernems and ~ther documents relating to the foregoing water rights, ro B~5 er on or before the Off-record Matters Deadline (§3G). All water rights sl~all be conveyed by quit claim deed or other applicable legal instrument. 2. PURCHASE PR/CE AND TERMS. The total purchase price for the Property shall be THREE MILLION DOLLARS ($3,000,000.00). The purc~ase pr/ce for the Property shall be payable in U.S. dollars in cash or certihed funds as follows: a. Earnest Money 1 P75 $50,000.00 in the form ora check, as earnest money deposit and part payment of the purchase price, payable to S oiler. In the event the purchase transaction contemplated hereunder shall not close, except in tine case ora default on the Bnyer, the earnest money shall be returned to the Buyer. b. Cash at Closing. $2,950,000.00, plus closing costs, to be paid by Buyer at closing in funds that comply with all applicable Colorado laws, which include cash, electronic transfer funds, certihed check, and cashier's check (Good Funds). 3. DATES AND DEADLINES. ltem No. : Reference Event Date/Deadline A 4a Appraisal Deadline N/A B 6 Title Deadline * C 0 Survey Deadline * D 6 Survey Acceptance Deadline ** E 0 Document Request Deadline * F 7a Title Objection Deadline ** G lb, 7b Off-Record Matters Deadline * H 7b, 7c Off-record Matters Objection Deadline ** I I0 Seller's Property Disclosure Deadline *** J l 0a Inspection Objection Deadline K 1 Ob Resolution Deadline L 4b City Council Approving Resolution Deadline * M II Closing Date I 60 days from full execution hereof (see exception in Paragraph 15) N 15 Possession Deadline Date 60 days from full , execution hereof (see exception in Paragraph 15) IO 15 I Possession Deadline Time I 5:00 p.m. 2 P76 r I P 32 Acceptance Deadline Date _, 2002 Q 31 Acceptance Deadline Time 5:00 p.m. * -15 days from ~l] execution hereof. ** -30 days from fu]] execution. *** -45 days from execution thereof. 4. CONTINGENCIES. The transactions contenlplated herdn are specifically contingent upon the roi]owing: a. Buyer is a Home Rule Municipality governed by a City Council. The City Council shah approve this Contract as a condition to the closing of this Contract evidenced by a duly approved resoIution of the City Council. The resolution approving this Contract shalI be completed on or before the City Council Approving Resolution Deadline (§3L). The City Council, in its sole and comp]ere discretion, may approye or deny approva] of this Contract for any reason, or no reason at ail. 5. EVIDENCE OF TITLE. On or before Tire Deadline (§3B) Seller shall furnish to Buyer, at Sel]er's sole cost and expense~ a current ALTA commitment for owner's title insurance on the Property in an amount equal to the Purchase Price, from a title company acceptab]e to Buyer. The title commitn~ent sba]] commit to de]ere or insure over the standard exceptions which relate to: (1) parties in possession; (2) unrecorded easements; (3) survey matters; (4) any unrecorded mechanics 1lens; (5) gap period (effeqtiye date of commitment to date deed Js recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to year of Closing. Any additiona] premim'n expense to obtain this additional coverage sha]] be paid by Seller. Seller shall cause the title insurance policy to be deliYered to Buyer as soon as practicable at or after Closing, but no later than 90 days following Closing~ On or before Title Deadline (§3B), Scl'let, at Seller's expense, shah furnish to Buyer at or before Document Request Deadline (§3E), (1) a copy of any p] ars, declarations, covenants, conditions and restrictions burdening the property, and (2) copies of any other documents listed in the schedule of exceptions (Exceptions.) This requirement shall pertain only to documents as shown of record in the Of 15 ce of the Clerk and Recorder. The title insurance cornmitment, together with any copibs of such documents furnished pursuant to this Section shall constitute the title docm'nents (Title Documents.) 6. SURVEY. Seller, at SeI]er's expense, Shall provide Buyer with three (3) copies of a bonndary survey and improvements survey of the property prepared from an on-the-ground inspection by a surveyor registered in the State of Colorado, which surveyor shall appropriately 3 P77 locate all boundary coiners of the Proper~y not previously located. Such survey shall be dated as of a date no earlier than three rnonths prior to the date of this Contract and shall contain: (I) The correct legal description of the Property by platted lot description if the Property is platted, otherwise by metes and bounds description; (2) All property dimensions of the Property and the location of all bounda~ co?nets of the Property. (3) The number of square feet contained within the Property (to at least the nearest square foot). (4) The location of any and all easements, water courses, and rights-of-way which are revealed by a physical inspection of the Property or the commitment and showing the recording information for any easement or right-of-way created by a recorded document; (5) The location of any and all improvements located on, under, or encroaching onto the Propel-Ir including but not lira!ted to any and all buildings, sidewalks, paved parking areas, roads: poles, overhead power lines, and fences. (6) A certificate to Buyer and the title company engaged to provide a title commitrnent. It shall be considered a defect in title hereunder if any improvement located on the Property encroaches upon adjacent lands or if any improvements on adjacent lands encroach upon the Property. Such survey shall be delivered to buyer no later than the Survey Deadline (§3C). In the event that Buyer, in its so]e discretion is not satisfied with any of the matters reflected by the survey, Buyer shall have the option to terminate this Contract by giving written notice to Seller, which notice must be given no later than 5:00 P.M.M.D;T, of the Survey Acceptance Deadline (§3D). Upon termination, the earnest money deposited hereunder shall be returned to Buyer and both parties shall be released from any furL]her Obligations hereunder. If Buyer fails to tern~inate the Contract as set forth above, the survey review shall be deemed to have been satisfied. ?. TITLE. a. Title Review. Buyer sl)fil] have the right to inspect the Titte Documents. Written notice by Buyer ofunmerchantability of title or of any other unsatisfactory title condition shown by the title documents shall be signed by or on behalfofthe Buyer and given to Seller on or before Title Objection Deadline (§3F), or within five (5) calendar days after receipt by Buyer of any Title Documents or endorsement adding new Exceptions to the title commitment together with a copy of the Title Document adding new Exceptions to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition o~-'the title as disclosed by the Title Documents as satisfactory. b. Matters Not Shown by the PubIJc Records. Seller shall deIiver to Buyer, on or before Off-Record Matters Deadline (§3 G), true copies of all leases(s) and survey(s) in Setler's possession pertaining to the Property and shall disclose to Buyer ali easements; liens and other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to deten'nine if any third party has any right in the Property not shown by the public records (such as unrecorded easements, unrecorded lease, or boundary line discrepancy). Written notice of any unsatist:actory condition(s) disclosed by Scl]er or revealed by such inspection 4 P78 shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record .Matters Objection Deadline (§3H). lfSeller does not receive Buyer's not ce by sa d date, Buyer accepts title subject to such rights, if any, of th/rd parties of which Buyer has actual knowledge. c. Spec/a] Toxin,o Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBL/GATION INDEBTEDNESS THAT IS PAID BY REVENUES PR ODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE pROPERTY WITHIN Si)CH DigTRliSTS. PROpERTy OWNERS IN SUC]~ DISTRICTS MAY BE PLACED A'J' R~SK F0R iNCREaSED ~]i~ LEViES AND EXCESSIVE TAX BURDENS TO SUPPORT TI-IE SERVICING OF SUCH DEgT WHERE cIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF gUCi] A DisTRIcT TO DISCHARGE SUCH INDEBTEDNESS W]YTH,JOUT SUCH AN INCREASE IN NIILL LEVIES. BUYER sHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF T]a~E AUTF/R ORIZED GENERAL OBL] GATI ON INDEBTEDNESS OF SUCH DISTRICTS, EXIST1NG MILL LEVIES OF sUCH DISTRICTS SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR INCREASE IN suclzl MILL LEVIEs. ' In the event the Proper~y iS/ocated within a spec/al taxing d/strict and Buyer desires to terminate this contract as a result, if written notice is g~ven to Seller on or before Off-R ecord Matters Objection Deadline (§3H), 1his contract shall then temainate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the affect of the Property's inclusion in such taxing d/strict(s) and waives the right to so ter~ninate. d) Right to Cure. If Seller receives notice of unmerclnantability of tide or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct the unsatisfactory title condition(s) prior to Closing Date. If Seller fails to correct said unsatisfactory title condition(s) on or before Closing Date, this Contract shall then terminate. provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 8. LEAD-BASED PAINT. Unless exempt, if the improvements on the Proper~y include one or more resident/a] dwelling(s) for which a building permit was issued pr/or to January l, 1978, this contract s¢aI] be void unless a completed Lead-BaSed Paint Disclosure (Sales) form is signed by Seller, which must occur pr/or to the parties signing this Contract. 9. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby covenants, represents and warrants to the Buyer the following, all of which shall be true, accurate and complete as of the date hereof and slnall survive the closing: a. Status and Authority. Seller has the right, ]egaI capacity and authority to enter into and perform its obligations under this Contract, and the docun~ents to be executed and delivered pursuant thereto. b. NoLiabilities. Priortooratthetimeo£Closing, Se]Iershallpay, orotherwise secure the release oh every debt, account payable, liability or obligations or any nature whatsoever, contingent or otherwise, that is, or could become, a lien or other encumbrance against the Property, and Seller shalI not engage in any action with respect to the Property between the date of execution of this Contract and the closing date that could give rise to a lien or claim against the Property. c. L ti.~ation. No action, suit or proceeding is pending or, to the best of SelIer's 5 P79 knowledae, threatened against the Property or Seller or affecting Seller's interest in, management of. or other activities with respect to. the Property. Seller is not in default of any order of any court, arbitrator or haovernmental body respecting the subject Proper~y. d. Environmental Matters. To the best of the SeEer's knowledge, there are no hazardous materials on the Property and the Property has never been used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, process, or in any manner deal with hazardous materials. For purposes of this Contract, the tenon "hazardous materials" shall mean any gasoline, petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, polychlorinated biphenyl or related or similar matehais, asbestos or any material containing asbestos, or any other substance or material as may be defined as hazardous or toxic substance by any environmental law, ordinance, rule or regulation of any ~ovemmentaI authority, including without limitation, the Comprehensive Response, Compensation, and Liability Act of 1980, as amended (42 USC Sections 9601, e~' seq.), the Hazardous Material transportation Act, as amended (49 U.S.C. Sections 1807, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, ez seq.), and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251, ez seq., and the Clean Air Act (42 U.S.C. Sections '7401 et ~eg.). e. No 'Notice of Violation. Seller has no knowled~.e of and has received no notice of any pollution, health, safety, or environmental violation with respect to the Property or any portion thereof which has not been cured. f. No Conflict. The execution and delivery of this Contract and the documents required hereunder, and the consummation of the transactions contemplated herein, will not: (t) conflict with or be in contravention of any provision of any Iaw, order, rule or regulation applicable to Se]let or the Property; (2) result in the breach of any of the ten'ns or provisions of, or constitute a del~auit under, any agreement or other instrument to which Seller is a party, or by which it or any portion of the Property may be bound or affected; (3) pen~ait any party to ten*ninate any such agreement or instrument or to accelerate the maurity of any indebtedness or other obligation of the Seller; or (4) result in any lien, charge or encumbrance of any nature on the Property other than as perrnitted by this Contract. g. True and Co~Tect Infon-nation. To the best of Seller's knowledge, no document, certificate or written statement famished to the Buyer and its attorney by Seller in connection with this transaction contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact necessary in order to make the statements contained therein not misleading. Additionally, Seller has disclosed all encumbrances and/or defects in title not shown by the public records and all title docm`nents of which Seller has actual knowledge. h. Use of Property Pendin;~ Closing. Between the date of this Contract and the closing date, Seller: (i) Shall maintain the Property in its cun'ent condition, non. al wear and tear excepted; (ii) Shall not pen2~it the Proper~y to be used or operated in any manner that would be in violation of any local, state or federal law or regulation. PSO i. No Other Contract. There are no other contracts or agreements, ora] or written, which affect the Property, which will survive the dosing, except as disclosed in the title insurance policy as provided the Buyer. 10. PROPERTY DJSCLOSURE AND INSPECTIONi On or before Seller's Propert3, Disclosure Deadline (§3I), Sd]er agrees to provide buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's cun'ent actual knowledge. a. l_nsl>~ction Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property, at Buyer's expense. If the physical condition o£the Property Js unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§3J): (1) notify Seller in writing that this Contract is terminated, or (2) provide Sd]er with a written description of any unsatisfactory physical condition of the Propertp which Buyer requ)res Seller to con'ect (Notice to Correct). tf written Notice to Con'ect is not received by Seller on or before Inspection Objection Deadline (~3J), the physical condition of the Property shall be deenled to be satisfactory to Buyer. b. Resolution Deadline. Ifa Notice to Con-ect is received by Seller and if Buyer and Seller have agreed in writing to a settlement thereof on or before Resolution Deadline (~3K), this Contract shall terminate one calendar clay following R esolution Deadlin e i~3K), un/ess before such tennaination Seller receives Buyer's written withdrawal of the Notice to Correct. 1 ]. CLOSING. The part/es hereto a~ee that closing shall be scheduled no later than Closing Date (§3M), provided, however, that prior to the Closing Date the part/es may mutually agree to an earlier date. The hour and location of Closing shall be mutually agreed to by the parties. ] 2. DELIVERY OF TITLE AND EA S EMENT. Subject to tender or payment on Closing as required herein and compliance with the other te~xns and provisions hereof, Seller shaI1 execute and deliver a good and sufficient general warranty deed at Closing conveying fee simple title to the Property t0 the Buyer and conveying the Property free and clear of ali taxes except for pro-rata share of taxes for the year of closing; and free and clear of all liens for special improvements installed as of the date of closing, whether assessed or not; and free and clear of ali liens and encumbrances except those disclosed by the title comrnitment which do not, in the Buyer's reasonable discretion, render title unmerchantable. Within a reasonable period o~'t/me not to exceed ninety (90) days, Seller agrees to pay full costs and premiums for, and deliver to the Buyer, fully executed title insurance policies consister~t with the title insurance commitment referenced above. 13. PRORATION. Real e~tate taxes and assessments of the year of closing shall be prorated as of the date of dosing, based upon the current year's levy and assessment, and if not available, based upon the previous year's le~y and assessment. Rents, if any, shall be prorated based on rents actually received as of the date of closing. Security deposits, if any, shall be credited to Buyer. SelIer shall assign ail leases to Buyer and Buyer shall assume such leases. Water, sewer charges, and other utility charges shall be prorated as of the date of closing. Al/proration made pursuant to the provisions of this section shall be Ihnal. 14. CLOSING COSTS, DOCUMENTS AND SERVICES. 7 PS1 a. The pmtJes hereto shall pay their respective dosing costs at closing, except as otherwise provided herein. b. The pm-des hereto shall sign and complete all customary or required documents at or before dosing. c. Fees for rea] estate closing and settlement services shall not exceed $500.00 and sha]l be shared equally at closing by the pm-des hereto. d. Seller, at its sole expense: shall deliver to the Buyer a current certificate of taxes due covering the Property and a statement of persona] property taxes due, both prepared by the PitkJn County Treasurer. 15. POSSESSION. Possession of the Property sha]l be delivered to the Buyer one year fi-om ful] execution of the Contract as to the habitable residence on the property and the two (2) modern garages on the Property and the parking between the said residence and garages. Seller shall be responsibIe for fire and casualty insurance on those structures until possession is given the Buyer. Buyer shalI have possession of the remainder oftheproperty on closing. Possession Deadline Date (§3N), and Possession Deadline Time (§30). If Seller, after closing, falls to deliver possession on the date herein specified, Seller shah be subject to eviction and shal] be additionally liable for payment of $500.00 per day as liquidated damages from the date of agreed possession until possession Js delivered. 16. NOT ASSIGNABLE. This Contract shall not be assignable by Buyer without Seller's prior written consent. l 7. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this Contract, the Property shall be delivered in the condition as of the date of this Contract, ordinary wear and tear excepted. a. Casualty: Insurance. In the event the Property shall be damaged by fire or other casualty pr/or to C1osing, in an amount more than ten percent (10%) of the total Purchase price, Seller shall be obligated to repair the same before the Closing Date. In the event such damage is not repaired within said time or if the damage exceed such sum, this Contract may be ten~inated at the option of the Buyer by delivering to Se!l'er. written notice often~nination. Should Buyer elect to carry out this Contract despite such damage, Buyer shaI] be entit]ed to a credit, at Closing, for ali the insurance proceeds resulting fi'om such damage to the property payable to Seller but not the owners' association, if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase price. b. Damage. fixtures, services. Should any fixtures or services (including systems and components of the Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this Contract and Closing or possession, whichever shall be earl/er, then Sd]er shall be liable for the repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such fixture or services is not the responsibiIity of the ownerk' association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss to growing crops, by fire or other casualty, shaIl be borne by the party entitled to the growing crops, if any, and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. P82 c. Walk through: Ve~(ficat/on of Conditions. Buyer, upon reasonable notice to Se]let. slnall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property complies with this Contract. 18. TIME OF ESSENCE/DEFAULT/REMEDIES. Tirneis oftheessencehereof. If any note or check received or any of the payments due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not perfonmed within the tinne frames specified herein, there shall be the following remedies: a. 1F TH E BUYER ] S IN DEFAULT, then Se]ler may e]ect to treat this Contract as canceled in which case all pal merits and things ofvah.~e paid here~mder shall be forfeited and retained on behalf of Seller. and Seller may recover such damages as may be proper, or Seller may elect t ~ treat this Contract as being in full force and effect, whereupon Seller shall have the righ~ re an action for specific performance or damages, or both. b. IF SELLER IS ~[N DEFAULT. the Buyer may elect to treat this Contract as terminated, in which case all money payments and things of value paid hereunder shall be returned forthwith to the Bus er and the Buyer may recover such damages as may be proper, ormay elect tc rreaz this Contract as being in full force and effect, whereupon the Buyer shall have the right ro an action for specific peri< rmance or damages. c. Anything to the contrary herein notwithstandir g. in the event of any litigation arising.out of this Contract. the court may award to the prevailin~ party 1ts reasonable costs and expenses, including auorneys and expert witness fees. 19. SURVT[VAL OF COVENANTS. REPRESENTATIONS AND WARRANTIES. The covenants, represemanons, warranties and indemnities made by the parties to this Contract. and the obliganons and agreements to be performed ~r complied with by the respective parties hereunder on or before the closing date. shall survive the closing, but shall rernninate and be of no further force and effect on the third anniversary of the date of closing. 20. ENTIRE AGREEMENT. This Contract constitutes the entire a~eement between the parties hereto, and supersedes ali prior and contemporaneous agreements, representations and understandings of the parties regarding the subjec~ matter of this Comract. No supplement, modification or amendment of the Contract shall be binding unless executed in writing by the parties hereto. 21. COUNTERPARTS. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shah constitute one and the same insrrumem. 22. B~[NDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the parties heretc and their respective heirs, successor and assigns. 23 RECOMMENDATION OF LEGAL COUNSEL. By signing this document, the parties hereto acknowledge the advisability >f obtaining the advice of independent legal regarding exam/nation of title documents and the terms of this Contract. 9 P83 24. GOVERNING LAW. This Contract shall be governed by and be construed in accordance with the laws of the State of Colorado and the pa-~ies hereto hereby consent to the exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising hereunder. 25. SEVERABILJTY. If any provision of this Contract is held by a court of competent urisdJction to be invalid, void or unenforceable, the remainder of the provisions of this Contract shall remain in full force and effect and shall in no way be affected, impah-ed or invalidated. 25. TERMZINAT]ON. In the event this Contract is terna/nated for any reason, pursuant to the terms hereof, ail money payments, with any accrued interest, and things of value paid hereunder shall be returned forthwith to the Buyer. 27. NOTICES. Ali notices and other communications tendered in connection with this Contract shall be in writing, and shall be deemed to have been duly given when delivered in person or by te]efax, or on the fourth day after mailing, if mailed registered or certified mail, postage prepaid and properly addressed as follows: To Buyer: Off~ce of the City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81 With a copy to the City Attorney at the same address. To Seller: c/o Leonard M. Oates Oates, Knezevich & Gardenswartz, P.C. 533 E. Hopkins Ave. Aspen, CO 81611 28. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that i:~ the event of any controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual closing instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead ail part/es and deposit any money or things of value into a court of competent jur/sdict/on and shall recover court costs and reasonable attorney fees. 29. FACSIMILE TRANSMISSIONS. It is nqutually agreed upon by all the parties to this Contract that, if necessary, facsimile communication shall be an acceptable and binding form of communication. An original shall be provided to the other party(ies) at closing with original signatures. 30. ADDITIONAL PROVISIONS. a) Buyer and Seller agree and acknowledge that Colorado Revised Statute Section 39- 22-604.5 provides that in the case of any conveyance of a Colorado real property interest, the person 10 P84 or party providing dosing and settlement services shall be required to withhold an amount equal to 2% of the sales price or the net proceeds resuhing from such conveyance: whichever Js ]ess, when the trans£eror is a non-resident of the State of Colorado. Seller shall be obIigated to either comply with the withholding requireme~ts of CRS 39-22-604.5 or provide an affidavit in fon-n and content satisfactory to the person or party dosing and settIement services certifies that Seller is not subject to the withholding requirements. b) Sd]er hereby warrants that it is not subject to withhoIding as defined under IntemaI Revenue Code Section 897 'Fore~gn Person Transferor', and will execme an affidavit to that effect prior to closing. Bargain Sale. Both parties acknowlecl~e that the transaction conternp]ated herein is intended to be a bargain] donative sale i.e., par~ donati }n and pan sale). In connection with the purchase of the Proper~, the City of Aspen caused ~o be prepared that certain Appraisal Report of the Property hereinafter rez'erred to as the "Appraisal") dated . 2002 with an applicable date of appraisal being 2002L which Appraisal was prepared by David Ritter. the Appraisal Ofhce - Aspen. Ltd.. The Appraisal concluded that the fair market value of the Prope~y was Three Million Eight Hundred Thousand Dollars ($3,875,00¢). Both parties agree that the transact/on comemp]ated hereunder is comprised of two separate transactions: a. The Seller's char/table contribution ro the City of Aspen of the sum of Eight Hundred Seventy Five Thousand Dollars ($875.0001 Ii.e, the difference between the fair markel value of the Property ~ $3,875,00(' and the purchase p~hce hereunder ($3,000,00()], and b. The sale of the Property to the Bu) er for the sum of Tl~-ee Million Dollars ($3,000.000t. c. Broker's Disclosure. Seller. Rober~ L. Zupanc~s ~s a licensed Colorado real estate broker. Buyer acknowledges that he has made no representation to the Buyer in that capacity. d. Neither parry has engaged a real estate sales broker in connection w/th the purchase and sale contracted hereby, and each reprsenrs ro the other that there are no real estate sales commissions due on such purchase and sale by their respective acts. Both parries agree ro report the transactions hereunder for tax and all other financial reporting purposes m accordance with the foregoing vaIuations and characterizations. 31. T:[ME/,IM/T FOR ACCEPTANCE. Buyer's offer as set forth in this instrument is nme Iirnited as set forth below. If this proposal ~s accepted by Seller in writing and Buyer receives notice of such acceptance on or before Acceptance Deadline Date (~ 3P). and Acceptance Deadline Time (§3Q),, this instrument shall become a comract between Seller and Buyer, s~_~bject only to the tenxqs and conditions set forth herein (including the contingencies listed above, if any), and shall inure to the benefit of the heirs, successors and assigns of such parties. P85 BUYER: I CITY OF ASPEN: By: City Manager Date (This section to be completed by Seller) Seller accepts the above proposal this day of ,2002 SELLER: __.,2002 Louis J. Zupancis Date .,2002 Robe~ L. Zupancis Date 12 MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: August 5, 2002 RE: Board Appointments By adopting the consent calendar, Council is making the following appointments to Boards and Commissions: Board of Adjustment - Howard DeLuca - regular Greg Hughes - alternate P&Z Jack Johnson - regular Dylan Johns - alternate LLA Gary Esary, Bill:Murphy, Peter Helburn Wheeler Jon Busch Brian O'Neil TO: Mayor and City Council THRU: Julie Ann Woods, Community DeveloPment Director Joyce Ohlson, Deputy Directom,,J~ FROM: James Lindt, Planner ~.~ RE: Rezoning of Outlot B, Aspen Meadows Subdivision/SPA- Public 1st Reading of Ordinance No.%.~O, Series of 2002 DATE: August 12, 2002 SUMMARY: APPLICANT/OWNER: Charles Marqusee The Applicant is requesting to rezone ][~EPRESENTATIVE: Joseph Wells, Joseph Wells Outlot B (see attachment "B' for Land Planning location), of the Aspen Meadows Subdivision from the Academic Zone LOCATION: Outlot B, Aspen Meadows District with an SPA Overlay to the Subdivision/SPA R-15 (Moderate-Density Residential) Zone District. Outlot B was PARCEL ID NUMBER: 2735-I21-13-008 conveyed to the Applicant in consideration for land that he gave for CURRENT ZONING: Academic/SPA the construction of the New Meadows Road. PROPOSED ZONING: R- 15 (Moderate-Density Residential) The ApPlicant is requesting rezoning SUMMARY: The Applicant requests to rezone Outlot approval in addition to allowing for B of the Aspen Meadows Subdivision/SPA from the the merger of Outlot B with the two Academic Zone District with an SPA Overlay to the properties located directly to the R-15 (Moderate- Density Residential) Zone District. south. The merger would Outlot B was conveyed to the Applicant as subsequently occur through the consideration for his giving of [and for the administration ofalotlineadjustment construction of the New Meadows Road in by the Community Development conjunction with the Aspen Meadows SPA. DireCtor. Furthermore, an insubstantial SPA amendment to be APPROVED AND CURRENT LAND USE: Outlot B is administered by the Community currently vacant and is intended to be incorporated into the residential lots directly to the south through a Development Director is required and lot line adjusnnent that may be approved has been requested to remove Outlot administratively. B from the Meadows SPA. LAND USE REQUESTS The Applicant is requesting approval of the following land use requests: t) Rezoning Outlot B from Academic w/th an SPA Overlay to R-15 (Moderate-Density Residential) Zone DistriCt; and, 2) Insubstantial SPA Amendment to remove Outlot B from the Meadows SPA (to be reviewed by the Community Development Director if rezoning aPplication is approved); and, P89 3) Lot Line Adjustment to merge Outlot B with the two lots located directly south of Outtot B (to be reviewed by the Community Development Director pursuant tO Land Use Code Section 26.480.040(A), Lot Line Adjustment). (Please see draft plat attached as Exhibit "B"). REVIEW PROCEI~ImE Rezon&g (Two Step Review). City Council may approve or deny an application £or rezoning, after considering a recommendation from the Plarming and Zoning Commission, a recommendation from the Community D.evelopment Director, and after considering public comment. STAFF COMMENTS: Rezoning: Staff believes that the proposal to rezone Outlot B from the Academic Zone District with an SPA Overlay to R-15, and to merge it with the residential parcels to' the south will benefit the City by cleaning up the zoning in this area. The proposed rezoning, lot line adjustment, and SPA amendment would rezone the narrow strip of land south of Meadows Road (Outlot B) to match the zoning of the other parcels on the south side of the road. The current zoning (Academic Zone District with an SPA Overlay) of Outlot B is no longer logical because the land is no longer under the ownership of the Aspen Institute which would utilize it for educational and cultural purposes as the Academic Zone District intends. Outlot B was given to the Applicant to provide a land buffer as consideration for providing land for the construction of the new Meadows Road. The proposed rezoning application will not provide additional development rights on Outlot B. Through the lot 1/ne adjustment application, the Applicant plans to merge Outlot B with the two residential parcels located directly to the south. The above mentioned lot line adjustment application associated with the rezoning will not allow for additional development rights to be gained by any of the parcels involved pursuant to Land Use Code Section 26.480.030(A)(1)(d), Lot Line 'AdjustmentS. Therefore, no additional FAR or development rights would be provided to Outlot B or the two parcels to the south by granting the proposed rezoning and lot line adjustment. In addition, the single-family residence located on the parcel to the southeast of Outlot B is currently non-conforming in regards to it's north setback. Rezoning and merging a port/on of Outlot B with the aforementioned parcel will lessen the setback non-conformity by extending the parcel's lot line to the north. Therefore, the proposed rezoning will also allow for the residential parcel to the south to brought more into conformance with it's current zoning by allowing for the lot line adjustment to be completed. Addkionally, as previously mentioned, Staff believes that the proposed insubstantial SPA amendment to remove Outlot B from the Meadows Specially Planned Area cleans up the erratic zoning boundaries that were left behind as a result of the construction of New Meadows Road. The proposed SPA amendment would allow for a sliver of land (Ouflot B) that is zoned Academic to be converted to the R-15 (Moderate-Density Residential) Zone District to match the zoning of the surrounding parcels of land. The Applicant has also Pgo received a letter of consent from Aspen Institute to allow the Applicant to apply for the SPA amendment. As mentioned earlier in the memo, Outlot B is no longer under the ownership of the non- profit entities that would utilize the parcel in a manner that is consistent with the uses in the Meadows SPA and the underlying Academic Zone District. The Applicant has expressed no intention at this time of selling Outlot B back to the Aspen Institute that would utilize it for academic or cultural purposes. Staff believes that the proposed insubstantial SPA amendment meets the applicable review criteria for approval by the Community Development Director pursuant to land use code section 26.440.090, amendment to SPA development order. STAFF ANALYSIS SUMMARY: Staff finds that the .proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, to approve an amendment to the official zone district map. Staff recommends that City Council rezone Outlot B to the R-15 (Moderate- Density Residential~ Zone District. STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed rezoning application finding that the applicable review standards have been met. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City Council approve the proposed rezoning application. RECOMMENDED MO~T.I_Q,N (AL_L MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve~,~[~No. ~., Series of 2002, recommending that City Council approve the proposed rezoning application to allow Outlot B, of the Aspen Meadows Subdivision to be rezoned to the R-15 ~'Moderate-Density ResidentiaD Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Aspen Institute Insubstantial SPA Amendment Application Letter of Consent Exhibit D -- Plarming and Zoning Commission Resolution P91 ORDINANCE NO. ~ (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO TI-IE R-15 (MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-I3-008 WHEREAS, the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, and the Community Development Department recor2mended approval for the proposed rezoning application; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, City Council may approve an amendment to the official zone district map during a duly noticed public hearing after consider4ng a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on August 6, 2002, the Planning and Zoning Commission recommended, by a four to two (4-2) vote, approval of an amendment to the official zone district map to rezone Outlot B of the Meadows Subdivision/SPA to R-15 (Moderate Density Residential); and, WHEREAS, the Community Development Department reviewed the rezoning application and recommended approval; and, WHEREAS, the Aspen City Council has reviewed and considered the rezordng application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recorrnnendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public heating; and, WHEREAS, the City Council finds that the rezoning application meets or exceeds all applicable development standards and that the approval of the rezoning, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: P92 Section 1 An amendment to the official zone district map to rezone Outlot B 'of the Aspen Meadows Subdivision/SPA to the R-iS (Moderate-Density Residential) Zone District, is hereby approved. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if f~lly set forth herein, urJess amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section_ subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of comperem jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Ordinance was held on the 12th day of August, 2002 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED. READ AND ORDERED PUBLISH]ED as provided by law, by the City Council of the City of Aspen on the I2th day of Augusz, 2002. Helen Kalin Klanderud. Mayor Attest: Kathryn S. Koch. City Clerk P93 FINALLY, adopted, passed and approved this 9th day of September, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney EXHIBIT A REVIEW CRiTERIA & STAFF FINDINGS REZONING FROM ACADEMIC WITH AN SPA OVERLAY TO THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRiTERiA & STAFF FINDINGS In revie~ving an amendment to the official zone district map, City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. 'The proposed amendment to the official zone district map to change the subject property's zoning designatior~ from Academic ;vith an SPA Overlay to R-15 is not in confiict with any portion of the Land Use Code. Actually, the proposed rezoning in conjunction with the proposed insubstantial SPA amendment will allow for portions of Ouylot B, of the Aspen Meadows Subdivision to be merged with the two residential parcels to the south through a Lot Line Adjustment to be reviewed by the Community Development Director. By allowing for the Lot Line Adjustment to occur, the convergence of the narrow OutIot B and the residential parcel to the southeast will correct an existing setback non- conformity in relation to the existing single-family residence located on the residential parcel. Stafffinds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan, Staff Finding Staff believes that the proposed rez6ning application is consistent with the Aspen Area Commnnity Plan. The 2000 Aspen Area Commnnity Plan's future land use composite map earmarks Outlot B, of the Aspen Meadows Subdivision for residential use. The proposed rezoning to R-I5 (Moderate-Density Residential) is in keeping with this vision set forth in the AACP. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding . Staff believes that the proposed rezoning is compatlble with the surrounding zone disfricts and land uses. Both of the parcels directly south of Outlot B are zoned R-15 and contain single-family residences. Additionally, the parcels located directly across the street are also zoned R-15 with an SPA Overlay. The proposed rezoning will not increase the development rights on Outlot B. Stafffinds this criterion to be met. 4 P95 D. The effect of the proposed amendment on traffic generation and road safety,. Staff Finding Staff does not believe that the proposed rezoning wilI have an effect on traffic generation nor road safety. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The proposed rezoning application will not increase the allowable development rights of Ontlot B. Therefore, Staff does not feel that there will be an increase in the demand for pubtic facilities. Stafffinds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in adverse ~mpacrs onthe enviromment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application will not affect the Community Character within the City of Aspen. Stafffinds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff believes that the construction of the New Meadows Road changed the conditions affecting the subject parcel which support the proposed rezoning application. The Applicant was given OutIot B as consideration for giving land for the construction of the New Meadows Road. Staffbelieves that the Academic zoning which is currently applied to Outlet B is no longer appropriate for the parcel in that it is no longer owned by the Aspen Institute and incorporated into the long range development plan of the Meadows SPA. The surrounding lots are all zoned R-t5 or R-15 with a~ SPA Overlay for the mostpart, and Staff believes that the proposed rezoning application is appropriate to clew up the zoning on Outlet B. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. 5 P96 Staff Findin~ Staff believes that the proposed rezonmg application would not be in conflict with the purpose and intent of the land use code or the public interest. The proposed rezoning application would make the zoning of Outlot B consistent with the surrounding parcels. Staff f~nds this criterion to be reel 6 .inly I6, 2002 · City of Aspen ~spen. CO ~idI1 D¢~Ms Woods: [ ~m wn:~ng :o you on behaif of The Asses D. stt~e, of Lot ] and Lot IA, Aspen Meadows S~dally [e~er is co coaf~ ~b, at the ~st~m~e consents ~o ~e request fried by parcels o~ed by thes~ p~es P~ease contac~ qaestions or need addhional infonet!on Sinc~r~I), RESOLUTION NO. 24 (SERIES OF 2002 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMIMENDING THAT CITY COUNCIL REZONE OUTLOT B, OF THE ASPEN MEADOWS SUBDIVISION TO THE R-15 [MODERATE -DENSITY RESIDENTIAL) ZONE DISTRICT. CITY OF ASPEN. PITKIN COUNTY, COLORADO. £arcel ID: 2 735-121-13-008 WHEREAS. the Community Development Department received an application from H & C Marqusee Inc., represented by Joseph Wells, requesting approval to rezone Outlot B, of the Aspen Meadows Subdivision/SPA from Academic with an SPA Overlay to the R-15 (Moderate - Density Residential) Zone District; and, WHEREAS. upon review of the application and the applicable code standards_ the Community Developmenr Department recommended approval for the proposed rezoning application: and. WHEREAS, the Aspen Plarming and Zoning Commission has reviewed and considered the rezoning under the applicable provisions of the Municipal Code as identified herein; and. WHEREAS, the Plarming and Zoning Commission finds that rezon/ng meets or exceeds ali applicable rezomng standards and that the approval of the rezoning application is consistent with the goals and elements o£the Aspen Area Commurfity Plan; and, WHEREAS, the Plarming and Zoning Commissio~x finds that this resolution furthers and is necessarv for the promotion ofpublic health, safety, and welfare. NOW. THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the Plauning and Zoning Commission recommends that City Council approve the application to rezone Outlot B, Aspen Meadows Subdivision from the Academic Zone District with an SPA Overlay to the R-15 Moderate-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, tm/ess amended by an authorized entity. P99 Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending trader or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and ¢oncluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a four to two (4-2) vote on this 6th day of August, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: May 30, 2002 RE: Proposed Charter Amendment Changing Publication Requirements The attached ordinance suggests an amendment to Section 4.10(d) of the Home Rule Charter to require if an ordinance is approved on first reading, it shall be published by reference or by title unless otherwise directed by Council. The ordinance would also be published by title after final passage. Such Charter Amendment will have to be voted on and approved. Currently, the Charter requires ordinances be published in fUll if adopted on first reading and by title after final passage. Staff feels publication of the entire ordinance on first reading is not the best use of resources. It costs $250 up (Ordinance #1 the historic preservation amendments cost $2275) to.publish an entire ordinance. A title publication averages $12. Entire ordinances are made available at the Council meeting when they are being considered, both 1 st and 2nd readings. The city clerk's office makes copies available to anyone who asks by FAX, in person, e-mail and US mail. The Municipal Code is available on-line. The city publishes the entire Council agenda in Monday's daily paper and when citizens are interested, they call the city clerk's office or pertinent department for copies. Over the years, I can cite you two, maybe three, instances of people telling me they read something in a legal notice, the most rece~nt being Patti Clapper who read an entire land use ordinance. The costs for0rdinance publication have been: 2000 $12,805 2001 $14,151 2002 (to date) $ 6,513 There will still be publication costs, perhaps $50 per ordinance rather than $262 per ordinance. I would rather see this money go to more technological ways of disseminating ordinance information, like having the ordinances available on the website. C.R.S. 31-16-105 Record and publication of ordinances states, "Any municipality may detennine at a regular or special election to meet the requirements of this section and Section 31-16-106 by publishing ordinances by titles only rather than by publishing the ordinance in full. No municipality shall call a special election for the sole purpose of determining the issue of whether the municipality should publish new ordinances in full or by title only". Attachment/proposed ordinance P102 ORDINANCE NO. ~_~ (Series of 2002) AN OR.DINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 4.10(d) AND 4.10(F) OF THE CITY OF ASPEN EIOME RULE CHARTER TO CHANGE THE PUBLICATION REQUIREMENTS FOR THE ADOPTION OF ORDINANCES BY THE CITY 'COUN~ILi WHEREAS, the City Council has determined that the Home Rule Charter requirement that ordinances be published in full has proven to be a great expense to the City of Aspen without appreciably providing a good method for informing the public of proposed legislation before the City Council; and YVI-IEREAS; Section 13.I0 of the Home Rule Charter authorizes the City Council to propose amendments to the City Charter in accordance with the State Constitution; and WHEREAS, the City Council desires to amend the Home Rule Charter as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 4.10(d) of the Aspen Home Rule Charter shall be and hereby is amended to read as follows: (d) If the ordinance is approved on first reading, it shall be published by reference or title unless otherwise directed by the council. The council shall set a day, hour, and place at which council shall hold a public hearing on the ordinance and notice of said day, hour and place shall be included in the first publication. Section 2. That Section 4.10(0 of the Aspen Home Rule Charter shall be and hereby is amended to read as follows: P103 (f) Except as otherwise provided herein, an ordinance, if amended, shall be published by reference or title unless otherwise directed by Council. Section 3. This ordinance shall become effective on January 1, 2003, provided that the electors of the City approve the same at the special municipal election on November 5, 2002. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstirutionai in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shali be held on the. day of ,2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the --__ day of ., 2002. Helen Kalin KIanderud, Mayor 2 P104 ATTEST: Kathryn S. Koch. City Clerk FINALLY adopted, passed and approved this day of ,2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch. City Clerk JFW-05 '01/20O2-G:\john word\ords\charter-amd-2002,doc P106 MEMORANDUM TO: MAYOR AND COUNCIL THRU: STEVE BARWICK. CITY MANAGER THRU: JOHN WORCESTER. CITY ATTOPuNEY THRU: JEFF WOODS, PARKS DIRECTOR THRU: TOM RUBEL, PARKS SUPERINTENDENT FROM: DAVID HOEFER. ASSISTANT CITY ATTORNEY ~ DATE: JUNE 6, 2002 RE: AN ORDINANCE OF THE CITY COUNCIL OF THE City OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A SUBSECTION. PROHIBITING THE USE OF HORSES AND HORSE DRAWN CARRIAGES ON THE SIDEWALKS AND MALLS IN THE CC ZONING DISTRICT, TO SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE, ENTITLED "CERTAIN VEHICLES PROHIBITED ON SIDEWALKS. MALLS. AND STREETS." SUMMARY: The proposed ordinance would prohibit the riding or operation of horses and horse drawn carriages on the sidewalks and mails located in the CC zoning district. The language includes an exception permitting horses and carriages to toad and nnload passengers on the mall at the corner of Galena and Cooper Streets. DISCUSSION: Last winter staff had concerns for the safety ofindividuals walking on the downtown malls when horse drawn carriages were crossing os the narrow mails. The operators of these carriages cooperated with the police and parks department in not using those routes with one notable exception. He consistently violated the directives of staff not to use those routes. The ordinance will not in any way preclude horse drawn carriages and horses in the CC zone district, but it will keep them on the streets and will provide a safer environment for Aspen's citizens mad guests. FINANCIAL IMPLICATIONS: None. RECOMMENDATION: Staff recommends that the proposed ordinance be adopted. PROPOSED MOTION: Staff recommends the following motion: P107 "I move to approve Ordinance ~ , Series of 2002, which prohibits the use of horses and horse dra~vn carriages on the sidewalks and malls of the CC zoning district, with the exception of the loading and unloading of passengers at Galena and Cooper." CITY MANAGER COMMENTS: P108 ORDINANCE NO.~'~, SERIES OF 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. AMENDING THE ASPEN MUNICIPAL CODE BY ADDING A SUBSECTION, PROHIBITING THE USE OF HORSES AND HORSE DRAWN CARRIAGES ON THE SIDEWALKS AND MALLS IN THE CC ZONING DISTRICT, TO SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE, ENTITLED "CERTAIN VEHICLES PROHIBITED ON SIDEWALKS, MALLS, AND STREETS." WHEREAS, Section 15.04.230 of the Aspen Municipal Code prohibits the operation of certain vehicles on sidewalks, mails, and streets in the C-1 and CC zordng district, and WHEREAS, city staff has concerns for the safety of pedestrians on the mails in the CC zone disthct when horses and horse drawn carriages are operated on the mall, and WHEREAS, the horses and horse drawn carriages also may cause damage to the bricks and other improvements in the malls, and WHEREAS, ar;erupts by city staff to obtain vohmtary compliance with at least one operator of horse drawn carriages has met with resistance, and xXrHEREAS, an exempnon to the general rule is prudent to allow for the loading and unloading of passengers at the comer of Galena and Cooper Streets, and WHEREAS, the proposed subsection amendment is in the best interests of the general health, safety, and welfare of Aspen residents and guests. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That the Municipal Code of the City of'Aspen, Colorado, is hereby amended by the addition of subsection "(d)" to Section 15.04.230 of the Aspen Municipal Code, which subsection prohibits the r/ding or operation of horses and horse drawn carriages on the sidewalks or malls of the CC zone district, with the exception that carriages may load and unload passengers at the comer of Galena and Cooper Streets. The addition shall P109 read as follows: (b) Jt shall be tmlawfal for any person to ride or o£erate horses or horse drawn carriages *tjvon the sidewalks or malls of the CC zoning district, excef)t that horses and carriages may load and zmload £assengers on the mall at the corner of Galena and Cooper Streets. Section 2 If a~y subsection, sentence, clause, pl~:ase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jur/sdiction, such provision and such holding shall not affect the validitg of the remaining portions thereof. Section 3 The ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by vimxe of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4 A public hearir~g on the ordinance shall be held on the day' of ., 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hail, I30 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Cmmcil of the City of Aspen on the __ day of ,2002. Helen Kalin Klanderud, Mayor Pll0 ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of 2002. Helen Kalin Klanderud. Mayor ATTEST: Kathryn S. Koch. City Clerk TO: Mayor and City Council Directol~0 THRU: Julie Ann Woods, Community Development FROM: James Lindt, Planner RE: Innsbruek Inn Lodge Expansion - Growth Management Quota System Exemption for Affordable Housing, and Minor Planned Unit Development-2na Reading of Ordinance No. 2~, Series of 2002 DATE: August 12, 2002 REQUEST: The Applicant is requesting appropriate land use approvals to . redevelop the Innsbruck Inn which includes 1) an addition of four lodging units, and 2) the addition of one employee dwelling unit of approximately 530 net livable square feet. ZONING: Office Zone District with Lodge Preservation (LP) Overlay & Main Street Historic Overlay' PROCESS: GMQS Exemptions for Lodge Preservation & Affordable Housing, Minor Planned Unit Development STAFF Approval with Conditions RECOMMENDATION: Pl13 SUMMARY OF REQUEST: The Applicant, Irmsbruck Holdings, LLC, represented by Haas Land Planning, LLC., is requesting the appropriate land use approvals to redevelop the Innsbruck Inn. Specifically, the Applicant is requesting the ability to construct four new lodge units and one new employee dwelling unit. BACKGROUND: The site is located at 233 West Main Street and is in the Office Zone District with a Main Street Historic Overlay and a Lodge Preservation Overlay. The site is comprised of Lots A-E, Block 52, and contains 15,000 square feet. The site currently contains the Irmsbruck Inn, which is a 33 room lodge with a Main Street frontage. Additionally, the site contains 18 parking spaces (12 are partially on public right-of-way), a swimming pool, and a considerable amount of mature trees and landscaping. The property is required to be reviewed by the HPC because the site is located in the Main Street Historic Overlay District. The Applicant has received Final HPC Review Approval. REVIEW PROCESS: The Applicant is requesting approval of the following land use actions: 1) Minor Plarmed Unit Development; and, 2) Growth Management Qflota System (GMQS) exemptions for four Lodge Preservation Allotments; and, 3) A Growth Management Quota System (GMQS) exemption for the addition Of an employee housing unit. The Planming and Zoning Commission has already granted the proposed GMQS Exemption for four Lodge Preservation Allotments. The Minor PUD and GMQS exemption for development of affordable housing require City Council's approval after considering a recommendation from the Commnnity Development Department, the Housing Authority, the Planning.and Zoning Commission, and after considering public comments. STAFF COMMENTS: As mentioned above, the Applicant propo&es to construct an addition of four lodge rooms and one employee housing unit on the western portion of the property. Currently the Irmsbruck contains 33 lodging rooms. The proposed redevelopment would result in a 37 room lodge with a sub-grade employee dwelling unit. The net increase in floor area would be approximately 1,500 square feet and result in a total FAR of .9:t. The Applicant intends for the Deed Restricted Employee Housing Unit to be a rental unit that is condominiumized from the lodge. The Applicant is proposing to give the Housing Authority an option to purchase an undivided .0I% interest in the unit to insure pricing is in maintained in accordance with the Housing Guidelines. Pl14 iViINOR PLANNED UNIT DEVELOPMENT: The Minor Lodge Preservation PUD provides a mechanism to adjust the underlying zoning's dimensional requirements for particular de~(elopments that contain a Lodge Preservation Overlay Zoning and which are consistent with the purpose of the Lodge Preservation Overlay Zone District, such as the Innsbruck's proposal. In general, the Applicant is proposing to only vary a few dimensional requirements of the underlying Office Zone District in order to achieve the proposed design. Otherwise, the Applicant will continue to meet or exceed the minimums of the underlying zone district. Specifically, the PUD would establish the following dimensional requirements: Maximum Height 25 Feet 21 Feet Allowable Floor Area 0,75: I 0.9: I/.95: I including basement (FAR) addition Minimum Front Yard I0 Feet 5 Feet (0 Feet for the fence) Setback Minimum Side Yard 5 Feet 4.5 Feet for Building (0 Feet Setback the fence Minimum Rear Yard 15 Feet I3 Feet Setback Minimum Off Street 0.7 Spaces per Parking bedroom or via PUD 0.31 spaces per bedrobm Staff believes that the proposed dimensional requirements and architecture are extremely compatible with the surrounding structures and land uses. The lack of off-street parking is addressed later in the memo. Additionally, the Historic Preservation Commission has approved the Final Design of the proposal. Staff believes the proposal meets all of the Lodge Preservation PUD review standards. The Plam~ing and Zoning Cormuission also recommends that City Council approve the proposed Minor PUD (please see Exhibit "D" for Planning and Zoning Commission Resolution). EMPLOYEE GENERATION MITIGATION: As a result of this proposed redevelopmem, the number of lodge units would be increased fi'om 33 to 37. The Applicant is proposing ro create a sub-grade, one-bedroom employee dwelling unit to mitigate for the addition of the four lodge rooms. The proposed one- bedroom employee housing unit would provide housing credit for an additional 1.75 employees pursuant To the Housing Guidelines, The Housing Authority uses an employee generation factor of .245 employees per lodge room. Therefore, according the Housing Authority's employee generation analysis, the addition of the four lodging rooms is expected to generate .98 employees Because the Applicant is only required ro mitigate for 60% of the employees generated, on-site employee housing is required for .59 new employees. Therefore. the Applicant is proposing sufficient employee housing on-sire for the proposed addition of four lodge rooms. Pl15 The Applicant proposed this mitigation arrangement to the Housing Authority and received a recommendation of approval. The Housing Guidelines require that the proposed employee unit be deed restricted to Category 2, The Applicant believes this requirement is too confining for rental of the unit to employees of the lodge. Instead, the category designation of this unit will need to accommodate the salary levels of the Irmsbmck Irm employees who are to be housed in the unit. In light of this, the Applicant requested that they have the ability to adjust the income and asset categories from time to time as necessary to accommodate the income levels of the employees to be housed. Additionally, the Applicant requested a waiver from the minimum six month lease requirements to accommodate the housing of seasonal employees in the unit. The Housing Authority granted both waiver requests. Regardless of the time-to-time category designations, rental of the units will comply with the APCHA minimmn lease requirements and will be overseen by the Housing Office. The proposal is consistent with the deed restriction variations granted to the Mountain Chalet. The Housing Office Staff agreed that the deed restricted unit will provide housing for a total of 1.75 employees which more than mitigates for the .59 employees that are expected to be generated by this project. And therefore, the Planning Staff and the Housing Authority Staff believe that there is sufficient employee housing proposed to mitigate for the addition of four lodge rooms. Additionally, the Planning and Zoning Commission recommends that City Council approve the proposed GMQS Exemption for Affordable Housing. I~ARKING REQUIREMENTS: The lack of off-street parking has been identified by Staff as the major issue in constructing an addition to the Innsbmck Inn. The Applicant is proposing [o maintain the existing nnmber and configuration of parking spaces. Along the alley frontage, there are twelve existing parking spaces, txvo of which are parallel to the alley and ten of which are angled, "head-in" spaces. Staff is not allowing the Applicant to count all of the parking spaces on the alley towards their existing on-site parking because they are nor entirely located within the property's boundaries. This is consistent with the interpretation that Staff made in this regard during the review of the Christiania Lodge redevelopmem. Staff is proposing to allow the Applicant to maintain usage of the twelve spaces on the alley as they currently exist (as angled, "head in" parking); however, Staff feels that the parking requirements to be established through the PUD review should represent the number of parking spaces that the Applicant can effectively fit completely within the property boundaries. The Applicant could only fit approximately six parking spaces entirely within their property boundaries, to the rear of the structure, if they were converted from angled, '~head in" spaces to "parallel" spaces that respected the property boundaries. Therefore, Staff feels that there are only twelve countable parking spaces on- site, rather than the eighteen that are identified in the application. The aforementioned twelve parking spaces include the six spaces that exist to the front of the lodge that are accessed off of Main Street. The nnderlying Office Zone District has no requirement regarding off-street parking for lodge uses. However, the Innsbruck Inn must adhere to the Lodge Preservation Overlay Pl16 requirement of 0.7 spaces per bedroom or establish off-street parking requiremenJs through the PUD process. In total, with respect to the above discussion, I2 parking spaces (completely within the property boundaries) serve the existing Innsbruck Inn, providing a ratio of approximately 0.36 spaces per bedroom. As per the Land Use Code, the current bedroom count of 33 requires 23.1 spaces, and the proposal to expand to 38 total bedrooms (which includes the employee unit) would require 26.6 spaces where they only have 12 spaces that are completely on-site. The proposal does not include increasing the off-street parking, and thus provides a ratio of 0.31 spaces per bedroom (incl.uding both lodging and residential units). According to Section 26.470.070(M)(4) of the Land Use Code, the OMQS Exemption standard indicates that, "An existing deficit of required parking may be maintained through redevelopment." The Applicant's proposal increases the existing on-site deficit slightly. Therefore, the Applicant requests that the parking requirements for this site be established through the PUD process as mentioned above. Given this discussion, City Council should be aware that Staff is proposing to allow the Applicant to continue to utilize all twelve of the spaces on the alley as they currently exist by obtaining a revocable encroachment license. Therefore, the Applicant would have the ability to utilize eighteen parking spaces as they have for the last four decades. The Fire Marshal has reviewed the proposal and feels that access to the alley is not required for the Fire Department to effectively protect the structure and the neighboring structures. The Fire Marshal has requested a condition of approval that requires the westernmost alley parking space be posted for compact cars only. Additionally, the Streets Department has reviewed the proposal and does not feel that the use of the existing parking spaces would impede plowing of the alley. The Streets Department does recommend that the Applicant pave the alley. Therefore, Staff has proposed a condition of approval that requires that the Applicant join any future improvement districts that may be formed to complete City approved improvements to the adjoining/surrounding right-of-ways. Thus, Staff believes that it is not necessary' to make the Applicants change their current parking configuration. Staff finds that the reques~ to deveIop this site ~vith no additional on-site parking essentially pushes the parking impacts generated by the additional development into the immediate neighborhood. However, the Applicant has taken a number of measures zo reduce the parking needs of the project. These include providing a bicycle fleet that is free to guests and employees, as well as, providing free bus passes to employees. Additionally, the Applicant is proposmg to market the bicycle fleet and the availability of transit at the time of booking a room at the In_nsbruck. The proximity to free, frequent mass transit, and to the commercial core_ music tent, and W. Hopkins pedestrian/bikeway, will also encourage altematives to driving. Staff believes that the existing off-street parking is sufficient when supplemented xvith residential parking permits that the Irmsbruck may purchase from the City for it's guests to park on the street. The Plarming Staff feels that there is sufficient on-stree~ parking m the surrounding neighborhoods to accommodate the increase of four lodging units and one employee housing unit. In addition, Staff has proposed a condition of approval that Pl17 requires the Applicant to give priority for use of one of the parking spaces to the north of the building to the occupant(s) of the employee housing unit. OTHER I~gFERRAL AGENCY COMMENTS: The Environmental Health Department used the Institute of Traffic Engineers Trip Generation Rates to determine the traffic impacts of the proposed development, compared to existing conditions. The proximity to free, frequent mass transit, and to the commercial core., music tent, and W. Hopkins pedestrian/bikeway, will also encourage altematives to driving. The proposal is expected to cause a slight increase in PM-10 and traffic. The Environmental HeaIth Department is requiring that the Applicant mitigate for 36 additional vehicle, trips per day by utilizing a combination of methods that include (but are not limited to) providing free bus passes to employees, providing a vanpool, maintaining a free bicycle fleet, or providing a dial-a-ride service. Condition No. 13 requires the Applicant to submit a PM-i0 Mitigation Plan for approval by the Environmental Health Department prior to the issuance of building permit. STAFF ]~.ECOiVIMENDATION: Staff recommends that City Council approve, with conditionsj the proposed Minor Plarmed Unit Development, and a GMQS Exemption for the development of an Employee Housing Unit for the Innsbruck Inn Property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, Colorado. ]PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that City CounciI approve, with conditions, the proposed Innsbruck Inn Minor Planned Unit Development, and a GMQS Exemption for the development of an Employee Housing Unit :for the Innsbrack Inn Property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, Colorado. RECOMMENDED MOTION: "I move to approve Ordinance NO. 2~Jr, Series of 2002, approving, with conditions, the Irmsbruck Inn Minor Planned Unit Development, and a GMQS Exemption for the development of an Employee Housing Unit for the Innsbruck Irm Property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, Colorado." CITY MANAGER'S COMMENTS: Pl18 ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B - REFERRAL COMMENTS EXHIBIT ,C 2 PLANNING AND ZONING COMMISSION RESOLUTION N01 20, sERIEs OF 2002 EXHIBIT D - HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 25~ SERIES OF 2002 Pl19 ORDINANCE NO. 2~ (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE INNSBRUCK INN MINOR PLANNED UNIT DEVELOPM]ENT, AND GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR THE PROPERTY LOCATED AT 233 W. MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-54-001 WHEREAS, the Community Development Department received an application from Innsbruck Holdings LLC, owner, represented by Mitch Haas of Haas Land Planning LLC, for a Minor Planned Unit Development (PUD), and a GMQS Exemption for affordable housing to expand the Innsbruck Irm by an additiohal four lodge units and one employee housing unit on the property Iocated at 233 W. Main Street, Lots A-E, Block 52, City and Townsite of Aspen; and, WHEREAS, the subject property is approximately 15,000 square feet, and is located in the Office Zone District with a Lodge Preservation Overlay; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor Planned Unit Development, during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470, the City Council may approve a GMQS Exemption for the development of Affordable Housing, during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the AspenfPitkin County Housing Authority, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director recommended approval of the Minor PUD~ finding that the applicable review standards have been met; and, WHEREAS, the AsperfPitkin County Housing Authority and the Cormnunity Development Director recommended approval of the GMQS Exemption for Affordable Housing, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on June 18, 2002, the Planning and Zoning Commission approved Resolution No. 20, Series of 2002, by a six to zero (6- 0) vote, approving a GMQS Exemption for Lodge Preservation, and recommending that City Council approve the Innsbruck Inn Minor PUD and GMQS Exemption for At'fordable Housing; and, P120 WHEREAS. during a duly noticed public hearing on June 26, 2002, the Historic Preservation Commission approved Resolution No. 25, Series o1'2002, by a seven to zero (7-0) vote, approving Final HPC Significant Review of the Irmsbmck Expansion; and, WI-IEREAS, the Aspen City Council has reviewed and considered the devel opmem proposal under the applicable prowsions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission. the Community Development Director, the AsperdPitldn County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public l~ear/ng; and, VCHEREAS, the City Council finds that the developmem proposal meets or exceeds all applicable development standards and that the approval of' the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan: and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW. THEREFORE- BE IT ORDAINED BY THE CITY COUNCIL Oi~' THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant ro the procedures and standards set forth in Title 26 o£the Aspen Municipal Code, the Irmsbmck Inn M/nor PUD, to allow for the expansion of the lnnsbmck Inn by four lodge tm, its and one employee dwell/rig unit is approved, subject to the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a.The information required to be included in a PUD Agreement. pursuant To Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. b. An illustrative site plan o£the project showing the proposed zmprovements, landscaping, parMng, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. P121 3. Prior to applying for a building permit, the applicant shall record a PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. 4. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: 6,000 Square Feet No requirement One lodge or residential bedroom per 390 square feet of lot area. 60 feet pool fence pool fence t3.5 feet for building/0 feet for railroad tit retaining wall No Requirement 25 feet 10 feet No Requirement Per Final PUD Plans .9:1 without basement/.95:1 including basement addition Per Final PUD Plans 0.31 spaces per bedroom (12 spaces and 38 bedrooms, including the one employee hous{ng bedroom). 5. The building permit application shall include: a. A copy 0fthe final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off- site replacement or mitigation of any removed trees. e. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which rna'retains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be P122 required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvemems. 6. The Applicant shall install an adequate fire alarm system throughout the structure and a fire sprinkler system that meets the req¢iremeuts of the Fire Marshal. 7. Prior to ~ssuance of a building permiT: a. The pr~thary contractor shall submit a letter to the Comm~mity Development Director statin~o that the conditions of approval have been read and understood. t~. Ali tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is Finalized, those fees shall be payable according to the agreement. 8. The Applicant shall convey an undivided fractional interest tone tenth of 0.1%) in the ownership of the deed restricted employee housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 9. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted employee housing unit. 10. Prior to building permit issuance, the Applicant shall record a deed restriction for the employee housing unit. and grant the undivided fractional interest in the ownershig of the affordable housing units to the Aspen/Pitkin County Housing Authority. 11. The Applicant shall adequately mitigate for employee generation by providing deed restricted employee housing for at least .59 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority. 12. The employee housing unit shall be deed restricted at the Category 2 rental rate. but since the unit is for the use of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the addition to establish mutually acceptable lease terms for employees whose units are attached to the business. P123 13. The Applicant shall submit a PM-10 mitigation plan to the Envirommental Health Department for approval prior to issuance of a building permit. The mitigation plan shall include sufficient measures to mitigate for 36 additional vehicular trips per day. 14. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc:,) the Building Depamment's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos~ the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 15. The Applicant shall pay the City of Aspen' $8,200 in park development impact fees. These fees shall be due and payable at the time of issuance of a building permit for the development. 16. The Applicant shall provide priority to the occupant(s) of the employee housing unit, for the use of one of the off-street parking spaces to the north of the buiIding. In the event that the occupant(s) of the employee housing unit does not own a car~ the parking space shall remain available for the general use of the Irmsbruck Inn lodge guests. 17. The Applicant shall obtain a revocable encroac13rnent license to continne to allow the lodge to utilize the parking spaces on the alley as angled "head in" parking as they currently exist. i8. That the Applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees prior to issuance of a Certificate of Occupancy. 19. That the Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear t,o the streets caused by construction traffic as determined by the Engineering Department. 20. That the Applicant shall be required to show plans for ail Improvements; snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. 2t. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturl~ed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a P124 nuisance. This shall be required prior to the submittal for building permits. 22. That the Applicant shall install tree saving construction fences around the drip line of any trees to be saved. a. The City Forester or his&er designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. 23. That the Applicant shall comply with the City of Aspen Water System 'Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 24. The Applicant shall comply with the Aspen Sanitation District's rotes and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections froof, foundation_ perimeter drains) shall be allowed. Ail improvements below grade shall require the use of a pumping station. 25. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 26. The Applicant shall agree that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans as parr of the building permit application, and the management plan shall include a noise, dust control, and construction traffic management plan which addresses, at a minimum: the follo~ving issues. a. Defining the construction debris hauling routes and impact on local streets; and b. The city encourages thai site workers be shuttled in from the airport parking area. 27. A bear-proof dumpster shall be ~ocated on-site meeting the standards of the City of Aspen Wildlife Ordinance. P125 28. One ground floor lodge room shall meet handicap accessibility requirements. 29. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to issuance of a Certificate of Occupancy for the added lodge rooms. If determined to be necessary, the Applicant shall install an oil and grease interceptor in the breakfast room/kitchen. 30. The Applicant shall post a sign indicating that the westernmost parking space on the alley is for compact cars only. 31. The Applicant shall join any future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of-ways. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the GMQS Exemption for Affordable Housing, to allow for the expansion of the Innsbruck Irm by one employee dwelling unit is approved. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by vMue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct gad independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on the ordinance shall be held on the 12th day of August, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2002. Helen Kalin Klandernd, Mayor P126 Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 12th day of Augusx, 2002. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney P127 EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) Review Criteria & Staff Findings In accordance with Section 26.445.030(B)(3) of the Land Use Code, due to the limited extent of the issues involved, a development application requesting approval as a Planned Unit Development on a parcel of land located in the Lodge Preservation (LP) Overlay Zone District shall be processed pursuant to the terms and procedures of Minor Planned Unit Development review (Minor PUD). This two-step process does not require approval of a conceptual development plan, but only review and approval of a final development plan by the Plarming and Zoning Commission and the City Cmmcil, with public hearings occurring at both. Section 26.445.050, Review Standards: Minor PUD Section 26.445.050 of the Regulations provides that development applications for Minor PUD must comply with the fbllowing standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff feels that the proposed development is consistent with the Aspen Area Community Plan and the intent of the Lodge Preservation Program. The AACP encourages maintaining the corrmaunity's lodging base, locating development within the Aspen Community Growth Boundary and close to transit. Additionally, the AACP encourages the development of Affordable Housing by private developers. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposed addition is compatible with the surrounding land uses and structures. The western portion of Main Street contains a variety of lodges and structures with a variety of architectural styles. Staff feels that the architecture of the proposed addition is almost identical to the existing structure and thus is compatible with the existing lodge and surrounding structures. Staff finds th/s criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. P128 Staff Finding The proposed developmem will not adversely affect the future development of the surrounding area in any way. The neighboring properties are essentially built out. If anything, positive affects on the potential for future re/development of the surrounding area might occur since any necessary utility upgrades that would be completed by the applicant would serve to aid in and better facilitate the re/development of the surrounding neighborhood. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD developmenl plan review. Staff Finding The proposed development has been granted a GMQS exemption for 4 LP Allotments by the Plarming and Zoning Commission for the development of the additional fottr lodge rooms. Additionally, the proposed development requires a GMQS exemption for the development of an employee housing unit. The Applicant has requested approval for a GMQS exemption for Affordable Housing. Staff has reviewed both GMQS exemption requests and believes that the Applicant has met all of the respective criteria (please see staff findings for responses to specific GMQS review criteria). B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ... The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the ]PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development parterns shall be emphasized. Staff Finding The Minor PUD provides a mechan/sm To adjust the underlying zoning's dimensional requirements for particular lodge developmems located within the Lodge Preservation Overlay Zone District. In general, the Applicant is proposing ro only vary a few dimensional reqmremenrs Of the underlying Office Zone D/strict in order to achieve the proposed design. Otherwise. the Applicant will continue to meet or exceed the minimums of the underlying zone district. Specifically, the requested variances to the underlying zone district include: P129 Allowable Floor Area (FAR) 0.75:1 0.9: t not including the basement Minimum Front Yard Setback 10 feet 5 feet ~br building/0 feet for pool fence 4.5 feet for building/0 feet for Minimum Side Yard Setback 5 Feet pool fence Minimum Rear Yard Setback 15 feet 13.5 feet for building 0.31 spaces per bedroom (w/the Minimum Off Street Parking 0.7 Spaces per ability to still utilize the parking bedroom or via PUD on the alley in it's current capacity) Staff feels that the proposed dimensional requirements are compatible with the surrounding development patterns in the area. The proposed PUD will legalize the existing setback non-conformities in respect to the existing building. Additionally, Staff believes that the Applicant has proposed sufficient mitigation for the additional parking deficit that will be created by the proposed addition of lodge rooms. Staff finds this criterion to be met. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area stroh as steep slopes, waterways, shade, and significant vegetation and land forms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposal to add fottr lodge rooms and an employee housing unit is a very modest addition to the site. The architecture that is proposed for the addition is almost identical to that of the existing lodge and will allow the additional floor area to blend in well with the existing lodge building. The site is already developed and is completely surrounded by urbanized properties. There are no known natural or man- mad~ hazards affecting the project site or the surrounding area. There are no steep slopes, landforms, or waterways affecting the project site or surrounding area. Additionally, the Applicant is proposing to mitigate as directed by the City Forester for the one spruce tree that is to be removed. The Applicant has proposed several methods of mitigating for not proposing to meet the parking requirements of the Lodge Preservation Overlay Zone District. The Applicant has proposed to provide free bus passes to their employees and market Aspen's public P130 bus services at the time of room bookings. Additionally, the Applicant has proposed to provide and maintain a bicycle fleet for use by guests and employees. Furthermore, Staff' is proposing to allow the Applicant to continue to use the alley parking that encroaches into the fight-of-way in it's current configuration (angled, "head in" parking). Therefore, for all practical purposes, the lodge will have access to eighteen parking spaces, rather than the twelve spaces that Staff is allowing the Applicant to claim as private parking on the site. Additionally, the Applicant has proposed to set the off-street parking requirements through the PUD process and thus, does not have to meet the parking requirements set out in the Lodge Preservation Overlay Zone District. Staff feels that the proposal sufficiently provides for parking generated by the development: Staff believes that the proposed dimensional requirements are entirely appropriate for the property. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes the massing and scale of the proposed addition are appropriate. The Applicant is not proposing to change the roofline of the structure, which is currently under the height limit of the underlying Office zone district. Additionally, the underlying Office Zone District allows for a property to expand to an FAR of 1:1 pursuant to a Special Review approval. The Applicant is only proposing an FAR of .9:1. Furthermore, the underlying Office Zone District does nor have open space or sire coverage requirement. Staff believes that the proposed dimensional are in character with the surrounding structures. Staff finds this criterion to be met. 3. The appropriate number of of JZstreet parking spaces shall be established based on the following considerations: a) Theprobable number of cars used by those using the.proposed development inchtding any non-residential land uses. b) The varying timeperiods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding As stated in Staff's response ro PUD review standard No. 1, the Applicant has proposed several methods of mitigating for not proposing to meet the parking requirements of the Lodge Preservation Overlay Zone District. The Applicant has proposed ro provide free bus passes to their employees and market Aspen's public bus services at the time of room bookings. Public transportation to virtually any location in the valley is readily available P131 on Main Street with a bus stop located in the immediate vicinity. Additionally, the Applicant has proposed to provide and maintain a bicycle fleet for use by guests and employees. In addition, the commercial core (six blocks) and the music tent (seven blocks) are both within easy walking distance. Also, West Hopkins Avenue serves as a designated bicycle corridor providing connections to downtown and the Marolt Open Space. Furthermore, Staff is proposing to allow the Applicant to continne to use the alley parking that encroaches into the right-of-way in it's current configuration (angled "head in" parking). Therefore, for ali practical purposes, the lodge will have access to eighteen parking spaces, rather than the twelve spaces that Staff is allowing the Applicant to claim as private parking on the site. Staff feels that the proposal sufficiently provides for parking generated by the development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As mentioned earlier, all utilities exist on-site and the capacities are adequate to accommodate the proposed density. Main Street, 2nd Street, and the alley along the rear of the property are all City of Aspen public rights-of-way and, as such, are already plowed and maintained by the City of Aspen. Staff is proposing that the Applicant be required to obtain a revocable encroachment license from the City Engineering Department for the parking that encroaches into the alley. This .aforementioned parking has existed for nearly four decades and has been allowed to remain in it's current configuration by the Fire Marshal and the Streets Department. Staff has proposed a condition of approval that requires that the Applicant post signage that indicated that the westermnost parking space in the alley is for the compact cars only. Additionally, the project site is only six blocks from the Aspen Fire District station and Staff has proposed a condition of approval that requires the Applicant to install a sprinkler and fire alarm system to the proposed addition. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density o fa PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. P132 c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical nataral features of the site. Staff Finding The project site ~s suitable for the proposed development. The site is already developed and is completely surrounded by urbanized properties. There are no natural or man-made hazards affecting the prqiect site or the surrounding area. There are no steep slopes, Iandforms, or waterways affecting tl~e project site or surrounding area. The site is basically flat, and all of its area is within the slope classification category of 0-20% The developmem will encourage the use of alternative means of transportation such as public transportation, bicycling and walking. This will help ro limit the amount of PM 10 generation attributable rc the development. Regardless. the applicant will be required ro comply with ali requirements of the Environmental Health Deparrmem in connection with the ~ssuance of building perm~m, and this w/Ii ensure that affects on air quality are addressed. Staff finds this criterion to be meT. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its sarrounding developmem patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a? The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AA CP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there .exists no negative physical characteristics of the site, as identified in subparagraphs 4, and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The maximum allowable density in the underlying Office Zone District is regulated by minimum lot area per dwelling unit; otherwise, density is not specifically regulated at ail for allowed uses such as "lodge units". The proposed dimensional requirements, by contrast, will allow one lodge or residential bedroom per 390 square feet of lot area. Since these address density through differing means of measurement, they cannot be truly compared. For this reason, it is not clear that the proposal represents an increase in allowable density. The project will serve to advance many goals of the community. Specifically, the proposal serves the community goals of preserving small lodges, mainta/ning the lodge P133 bed base, and providing for the developmem of affordable housing to mitigate for the additional employees generated by the lodge room additions. Staff finds this criterion to be met. B. Site DeSign: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unitlue, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhance~ in an appropriate Staff Finding Staff believes that the proposed addition is in keeping with the existing natural and man- made features on the site. The Applicant is only proposing to remove one spruce tree along Second Street and will mitigate appropriately as directed by the City Forester. Additionally, the architecture of the proposed addition is identical to that of the existing structure. Staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding There is only one structure on the site. The proposed addition does not encroach above the height limit of the existing structure and the lodge is not located in any of the historically designated view planes. Therefore, no significant vistas will be encroached upon or blocked. Staff finds this criterion to be met. 3. Structures are appropriately oriented to Public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The existing structure is appropriately oriented towards Main Street. 0nly one tree is to be ~emoved as part of the proposed addition and the Applicant proposes to mitigate appropriately for the removal of the tree. Therefore, the site's visual interest to pedestrian and vehicle movement will not be significantly altered. Additionally, the proposed architecture of the addition is identical that of the existing building and will have very little impact on the visual nature of the site. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. P134 Staff Finding Emergency vehicles can access the site from Main Street, 2nd St[eet, and/or the alley. The parking that encroaches into the alley has been review by both the Fire Marshal and the Streets Department. Neither of the aforementioned entities had an issue with the parking remaining in it's current configuration (angled, "head in" parking that encroaches into the alley). As noted in Staff's response to PUD Criteria No. 4, Staff has proposed a condition of approval that requires the Applicant to post signage that limits the parking in the westermmost alley parking space to compact cars only. Additionally, the Streets Department has recommended that the alley be paved. Therefore, Staff has proposed a condition of approval that requires the Applicant to join any future improvement districts that are formed in regards to City approved improvements on ~djoining/surrounding right-of-ways. A trash enclosure will be located along the alley, as shown on the site plan. Staff finds this Criterion to be m~t. 5. Adequate pedestrian and handicapped access is provided. Staff Findin.~ The Applicant shall meet the Uniform Building Code requirements for accessibility. Staff has proposed a condition of approval that require~ that there be one ground level unit that meets handicap accessibility requirements. Additionally, Staff believes that there is adequate pedestrian access throughout the site. A five-foot wide sidewalk runs the length of the property on both Main and Second Streets. The aforementioned sidewalk is connected to the lodge entrances by paved sidewalks. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Staff has proposed a condition of approval that requires the Applicant to submit a drainage plan for review by the Community Development Engineer as part of the building permit submittal. Therefore, the aforementioned condition will insure that the increased site drainage generated by the addition will be sufficiently mitigated for. Staff finds this criterion to be met. Z For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic function{ associated with the Staff Finding There is only one structure proposed for the site. Staff does not feel that this criterion is applicable to the proposal. P135 C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: L The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample qttantity and variety of ornamental plant SPecies suitable for the Aspen area climate. Staff Finding The Applicant is proposing to remove one spruce tree on the Second Street side of the property. The Applicant proposed to mitigate as directed by the Cky Forester. Furthermore, the Applicant does propose to alter the remaining landscaping on the site. Staff finds this criterion to be met. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Please see the relevant responses provided for the previous PUD standards. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The Applicant only proposes to remove the one spruce tree located on the Second Street side of the property to accommodate the addition. The removal of the spruce tree will require a tree removal permit. Staff has proposed a condition of approval that requires the Applicant to erect fencing around the drip lines of ail trees to be saved during the construction process. Staff feels that the proposed conditions of approval will insure appropriate protection o£ the existing vegetation. Staff finds this criterion to be met. D. Architectural Character: It is the purpose of this Standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: J. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. P136 Staff Finding The HPC has reviewed and approved the conceptual review of the proposed design. Staff feels that the proposed architecture of the addition is compatible and identical to the existing lodge. The window forms and balcony detailing are identical to that of the existing structure. Additionally, the roof form is consistent with the existing structure. Staff finds this criterion to be met. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and bj, use of non- or less-intensive mechanical systems. Staff Finding Mechanical plans have not yet been prepared for the proposed redevelopment. The applicant witI make an effort to incorporate natural heating and cooling systems when the preparation of such plans is undertaken. The site plan does not preclude the ability to incorporate natural heating and cooling systems, but some types of mechanisms, such as roof-top solar collectors, may be precluded by the required historic overla) reviews. 3. Accommodate the storage and shielding of snow, ice, and water in a saJk an appropriate manner that does not require significant maintenance. Staff Finding The Applicant proposes to store the snow removed from the sidewalks and halcon/es in the open spaces located on the southeast and southwest comers of the property. Additionally, the roof overhangs provide shielding of snow from the various entrances to the lodge. Staff finds this criterion to be met. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: J. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The development will comply with Section 26.575.150, Outdoor Lighting, of the Land Use Code, and specifically with Section 26.575.150(E), Non-ResidetttiaI Lighting Standards. Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting wili cause direct glare on or hazardous interference of adjoining streets or lands. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and P137 lighting to call inordinate attention to the property is prohibited for residential development. Please see the response provided in the previous standard. F. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding While open areas and a swimming pool area will be provided as shown on the site plan, no designated parks, open spaces, or recreation areas are proposed as part of the PUD, arguably rendering this standard inapplicable. The swimming pool facilities will be available for use by all occupants of the lodge. Staff finds this standard is not applicable to the proposed development. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding No common park or recreation areas are proposed. Staff finds this standard is not · applicable to the proposed development. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding Maintenance provisions will be addressed as part of the Final PUD Agreement. Because no open spaces, recreation areas, or shared facilities are proposed, the requirement of a "deed restriction against future residential, commercial, or industrial development" is not applicable. G. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does' not incur an unjustified financial burden, The proposed utilities and public facilities associated with the development shall comply with the following: P138 I. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Ail major utilities, including water, sewer, electric, natural gas, telephone, and cable television are currently in place and serve the existing structures on the project site. Those lines that can continue to be utilized will be: otherwise, the service lines currently serving the site will be abandoned at the mains and reestablished as necessary. The cost of all necessary utility upgrades and extensions will be borne by the applicant. Historic drainage rates w/il be maintained. There are several nearby parks in the neighborhood such as Little Cloud to the south. Koch Park just a few blocks to the southeast, and Paepke Park is just a few blocks to the east These parks all maintain more than enough capacity to adequately serve the proposed lodge development and development of one employee housing umr. The roads serving the project site are already plowed and maintained by the City of Aspen. The City of Aspen Streets Department has recommended thal the Applicant pave the alley. Therefore, Staff has proposed a condition of approval that requires the Applicant to join any future improvement districts that are formed for City approved ~mprovements on the adjoining streets. Additionally, the site is located on public streets, making it easily accessible for emergency medical services and fire protection. The proposed redevelopment will not result in demands exceeding the capacity of any public facilities or serwces. Staff finds this criterion to be met. Z Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding While no adverse zmpacts on public infrastructure are anticipated, the applicants will bear the costs of any necessary connections, upgrades; and line extensions. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding ]It is not believed that any over-sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. If the proposed redevelopment ~s subject to the terms of another developer's reimbursement agreement, the Applicant witl pay the fees required. Staff finds this criterion to be met. I-I. _4ccess and Circulation (Only standards I & 2 apply to Minor PUD applications j: The purpose of this standard is to ensure the development is easily accessible. does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security P139 gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding The Irmsbruck Irm is and will continue to be accessed directly from Main Street, Second Street and the alley along the rear of the property. Each unit of the proposed PUD xvill have direct access to the adjacent alley and streets via concrete waIkways and/or public sidewalks. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Discussions relative to vehicular access, parking, and traffic have been provided througEout tee memorandum. The existing parking spaces and vehicular access points on the site have existed for approximately four decades. The parking spaces that exist in the alley could potentially cause traffic congestion, howe~er, to Staff's knowledge there has really never been a significant issue in the past in regards to the access to the site: The Fire Marshal and the Streets Department have indicated teat they will still be able to adequately access and service the site if the existing parking remains in it's current configuration. Staff finds this criterion to be met. I. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shaH comply with the following: L All phases, including the initial phase, shall be designed to function as a complete development and shah not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-indieu, construction of any facilities to be used jointly by' residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. P140 Staff Finding The proposal only includes one development phase. Staff finds this criterion nor to be applicable to the proposal. P141 GMQS EXEMPTIONS Review Criteria & Staff Findings Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. Tlxe section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding. The Applicant is proposing a nne-bedroom nnit of about 530 net livable square feet. The unit proposed as a Category 2 rental unit and the Housing Guidelines identify Category 2 rental units as one of the foremost types of units the Housing Board desires based on current needs. The Applicant is requesting that the income and asset restrictions be waived when the unit is being rented to an employee of the Innsbruck Inn as is consistent with approvals for the employee housing units in the Mountain Chalet. Additionally, the Applicant requests flexibility on the minimum length of lease requirements to accommodate the housing of seasonal employees in the unit. The Housing Authority has found that the proposed development complies with the Asper~Pitkin County Affordable Housing Guidelines~ Staff finds this criterion to be met. M-EMO UM TO: James lindt; City l~Immer, Comrmmity Development D~; DATE: ~e 3, 2002 ~; T~sbr~k Tnn Lodge Exp~,~mn ISSU~: Th~ applicant ia proposing a single-phase expansion to the west side o~the c-,doting st~uctur~ f~r a net gain of fo~.~r todg~ tmi;s ~ one employee dwelling unit. BACKGROU ,1YD.: The Innnbruck Inn is located a~ 233 West Main Street and consists of Lots A through E, Block 52, City and Townaitc of Aspen. Th= ~it: is zoned Office w{th Lodge Preservation and Historic District Overlays (O/LP/I-t), The lodge consists of 33 room&, in¢ludlng 16 on the ground and 17 on the second level. In to,al, the sil~ is 15,000 square feet. Following the completion of die proposed projc¢% thc n¢~ resu/t will bo 37 lodge rooms and one employee dwelling tnf. t The · pplicam indicates that the total net increase m square footage will be 1,500 gross square feet (plus roughly 620 ~quare fcc: of subgrmic ~ace and ~pproximately 130 square feet of second floor de&s) Eom that which cur~ntly The ~xpansion involves ~n additional with a footpriu~ of just under 74f squ~ fret ~o the side of the ¢x/snng structure, to include: an approximately 620 square foe: one-bedroom dweU~pg unit below Eradc; cwo new lodge uu{~ of appro~t¢ly 282 square feet each on the ground level; and cwo new lodge unica of approximately 282 square f¢¢~ each a~ well a~ 130 square feet of new deoi~ o= the second floor, The applicant states that no new employees wfll be generated by the expan~on since the existing employees will servme the =aw umu. However, when calculating the amnber of employees gmarated by the proposed dcvelopman% *,he Homing Office ha u~ed a generation rate of 0.245 employees per lodge room m evaluate the expected employee housing needs of lodge ¢xpm-mion proposals, and requidmg that 60% of the employees generated be provided with deed restricted housing. With four new iodg~ rooms proposed, Staff ealculates that 0.59 (4 lodge unim X 0.245/lodge uni~ X 60%) would be gmerated. ;--abruck Intt P-.~dc've.k~memt Appllca~a p4~143 In accordance Wi~h SeoT~on 2~.470.070~ of ~c Ci~ ~d Us~ Code, ~c ~pp~c~t to p~d~ ~o~ablc ho~g for ~c ~ployecs g~a~ by ~ proposed co~ ~o~ l~ge d~elopm~. S ecdon 1 of~e A~i~ C~ A~ordable Ko~ ~idel~e~ ~abH~cs ~ pref~eno~ for s~o ~d c~-bc~om ~g c~ed ~ Cate~oSes I, 2, =~ Iow ~ced 3. p~pos~ to p~dc ~ 620 ~qu~c fee% on,beSom, C~eEo~ l on-sJ~a ~t. SecSon 2 of ~e .~n Co~ AEo~able Ho~ ~del~nes r=q~es ho~ing ~ts mc~ ~c ~z~, ~ ~ma, ~d o~up~cy :aquir~t~ centred G~cs, ~c ~plio~t's ~opos~ for a 530 net Hvablo ~q~ foot ~c-bc~oom ~t mee~ ~c ~ ~vabtc m~a of 400 sqB~ feet for Cg~ 1 ~d 2, S~fion 2, Mffordabfe Ho~ng Uni~ Required for Migration. of ~c ~p~i~ Co~ ~ble Ho~ing ~de~es estabH~es ~e feHow~g pm~sio~ for ~ ~sm for ~1 ~ble hou~g ~t~ ~qu~ed as mitigation for re~dmSd or eomm~ ~v~lopm~t in o~er to obt~ ~e~t ruder ~he ~o~ M~ag~ Q~ S~mm: Prod~ticn of n~ dweS~g ~ts de~ m~med ~ p~ to r~ t~s ~ defined in ~e ~del~s, · Conv~lon of e~t~g dwe~g re{ts to deed res~c~d ~. · Pa~mt The a~Hcmt is pr~o~ one one-b~om ~t rese~cd ~ deed-r~ct~ ~o~able ~u~. ~e ~pllo~t wiH be requked m deed m~ot ~e ~t ~ p~ m ~c Under ~e ~q~mt for ~d~s, a 60% ~d~fi~ raq~ for my n~ u~ed ~ ~c p~ Stags c~adons a~ ~e .245 F~ mq~red per ~don~ lodge mom ~ 60% mq~r~ ~dg~on of ~59 new mplo~e. ~e ~pHc~t is p~si~ a o~-be~om m~g~es ~ 1.75 ~'8; ~fore, ~e midgadon req~m~ is ~CO~ATION: The Ho~ S~ recc~ a~mv~' M~ ~¢ follo~g con~do~ in 1, ~e p~os:d one-b~0om ~ sa~sfi~s ~e mifg~on ~q~em~t of .59 ~r ~ fo~ ~o~ lodge 2. ~e p~osed 530 net tv~le sq~ foot one-beSom deed-red.ed 3. The a,Fp~c~nt ahalI deed r~s~ct ~he unit ~ pe~e~ ~. ~e de~ ~es~e~e~ s~ be filed p~or ~ b~g p~ app~v~ ~g ~e fo~cw~g ¢ ~e deed. ~s~cd~ on ~e ~o~i¢ ho~g ~e ~e ofb~g p~t app~v~ ~d~ C~egow 2. b. ~e Ho~ 0~c¢ ~aI] qu~i~ all ~ ~ w~ved for ~y ~plo~ of the o~. 5. ~¢ ~pH~t ~hMl wo~de ~ 0.0I% ~t ~ to ~¢ ~p~i~ Co~U Hou~g iu~cd~ prior ~o C~fica:¢ of ~cup~cy, o~ ~y such o~r ~ deemed a~t¢ by ~e Ci~ A~omey. Inn t~¢dcv¢logm=¢'=~ At:Flic¢fimn 2 P145 PS, J3annette Whitcomb, 10:44 AM 05/22/2002 -0600, Innsbruck inn X-Sender: jannette@comoev X-Mailer: QUALCOMM Windows Eudora Pre Versior 4.2.0.58 Date: Wed, 22 May 2002 10:44:50 -0600 To: jamesl@ci.aspen.co.us From: Jannebe Whitcomb <janne~e(~ci.aspen.co.us> Subject: Innsbruck Inn Air comments complete, am _ust waiting on information aoout the restaurant - oreaxfast room. MEMOP, ANDUM To: J ames Lindt. Communiw Develc Dmen~ Depar~men~ From: J annette XX/hitcomb. City Environmental Health Deoartmenr Date: Ma,/22. 2002 lnnsbruck Inn Loage Expansion Parcel ID # The City of Aspen Environmental Health Depar~mem has reviewed the land use submi{tal unaer authority of the Municipal Code of the City of Aspen, eno nas ~ne following comments. AlP, _QUALITY: Sections 11-2.1 "it is ~ne ourpose of [the air aualitv section of the Municioal Code] to achieve the maximum practical de~ree of air purity possible bv requirinE the use of ail available practical methods and techniques To :ontrol 2revent and red'ucc air pollution throughout the city..." The Land Use Regulations seek to "lessen cor].Eestion" ann 'avoid transportation demands that cant ct be met" as well ~s to ~rovide :lean air Dy prote~tinE ~ne natural air sheds and reducinE pollutants". The land use code require: ~he :tens±fy of a ?UD ~t;av be =educed i£ Lhe proposed development will have a pernicious [negative] effect on air quality in tb~e surrounding area and the City. The major air quality impact is the emissions resultin8 from the traffic generated by this project. PM-lO (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic aenerated will also produce carbon monoxide and other emissions that are health concerns. The municipal code requires developments to achieve the maximum prac:,ica[ de~ree of air purity by usiog all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the proiect with PM]0 reduction measures elsewhere, in order to do this, the applicant needs to determine the traffic increases generated by the project Iusina standard ITE trip generation rates), commit'to a set of control measures, and show that the control measures offset the traffic or PM]O produced by the project. Printed for James Lindt <jamesl~ci.aspen.co.us> 1 Jannette Whitcomb, ' 0:44 AM 05/22/2002 -0600. Innsbruck Inn P¢5~ Standards used for ~r; os generated by new development are the trip generation rates and reductions from the '?itkin County S, oad Standards'. which are based on the institute of Transsortatior~ Engineers Trio Oeneration P, epor~, Fifth Edition. Housing units use the :r~ generation rate ~or lTf Lana Use coae 210. which i~ 9.55 ~rips per day oer unit. Ae~idential snit~ iocated w~thin one half mile of a transit s~op are allowed a redu~ion of ].5 trios per ~ay. Affordab:e Housing units are allowed a reduX'on of 2.0 tri~s oer day, plus a reduX[on of triDS Der ~a~ when,located ~ithin ~ m~Ie of a transit s~c p. Note[ and lo~in~ units use trio generation ra[e for Land Use Code 310, HoteI/Occuoied Room which is 8.8 trips 3er day Der tourist room. Examples of mitigation measures ~hat have been employed in ~ne pa~ by deveic pets include oroviding carpool/vanpool financial incentives ~o employees, providin~ free bus ~asses, oroviding vanooois, providin~ diaNa-ride se~ce, paying for additional RFTA buses and se~ice. providir ~ onva~e bus semite for employees, limiting parking, allowin~ residents ~o oav for Barking spaces if the,/choose and giving discounts to those who don't, joining the Transpolar[on OPtiOnS Program. havin~ homeowner~ association fees on a sliding ~epend[ng on the numb~r of cam provid[ngconneGmg bikeoafn inks~F popu[atedareas. plow[ngbikeDa[ns ~Doou[ated areas, paving d~ shoulders or high-use parking Iot~. covered ~nd secure bike storage, providing f~ee bike fleets for residents, building sidewalks to ad~acen~ commerda] areas, donating conne~[ng bike oath links, and other measures. ~hatever combination of measures ~ne applicant choose~ to mitigate P~-]O emissions and trip~ generated. is acceotable as long as it 2revents additional traffic that would significantly impa~ a~r quality. The City Environmental ~ea[th DeDa~ment has no oreference for which tdp reduX[on measures are useG. 3nd (yp~ca[iv an aDDlfcant chooses measures t~a~ provide an anci][aw benefit ~o Droje~. Using the ]~E fig Jres. ~h~s redeve~oDmen~ wil generate 3 6 trfps/day without any measures. n or~er [o comDivw[th the provisions of the land use code. the condition s recommended: that the applicant Brov~de a P~]O m~tig,at[on ~lan for approva from ~ne City of AsDeF Environmental Health Department which ~ocumen~s that measures a~e sufficient to offse~ increases in PM caused Dy 10 project. This Dian should be aBDroved prior ~o detailed submission or ~ssuance buiiding permits. The Environmental Health Department ~s happy [o assist apDI~cants [~ using the ]TE books fo determine ~rip generation rates, anG ~o evaluate trio reduction s~a~egies. Jannebe Wh~tc0mb REHS Foo~ Program Manager Asoen Environmenta ~ea~zn DeDa~ment 970,920.5069 n~p://www.aspengov.com/eh/ci~ index, btm[ Printed for James Lindt <jamesl~ci.aspen.co.us> 2 P147 P~%rry~" Nye, 03:03 PM 05/29/2002 -0500, Re: innsbruck Expansion X-Sender: jerryn@commons (Unverified) X-Mailer: QUALCOMM. Windows Eudora Pro Version 4.2.0.58. Date: Wed, 29 May 2002 15:03:49 -0500 To: James Lindt <jamesl@ci.aspen.co.us> From: Jerry Nye <jerryn@ci.aspen.co.us> Subject: Re: Innsbruck Expansion X-ECS-MailScanner: Found to be clean James, I would like to recommend that this alley be paved with the appropriate draining in place since this alley is a high traffic area with the amount of parking spaces being used by this applicant. We need to insure that any over hangs or alley narrowing leave at least 14 feet nonzontal and ~z~ foot vertical soace for fire eouioment and snow remova eoubment, like to see a; ~eas[ a 20 foot wide alley. Also they are talking about parking on Main street this is a no parking 3am to 7am Zone. Thanks James At 10:55 AM 5/22/02 -0600, you wrote: Hi Jerry, Do/ou have ar, comments a~out the Innsbruck's revised exoansion ao~lication? Do your comments %m [ne July 30th 2001 DRC Meeting represent your concerns with the new application? Please let me Know ThanKs JaMes Printed for James Lindt <jamesl@ci.aspen.co.us> 1 To: Develc 2menu Review Committee From: Richard Goulding, Project Engineer Reference DRC Casetoae Coordinator Date: July 30 200I Re: ~nns~rucK Inn PUD The Developmem Review Committee has reviewed the Innsbruck PUD at their July 18 ,2001 meeting, and nas compiled the following comments: General 1 Sufficiency of Submittal: DRC comments are based on the fact that we assume ~ne submitted site plan's accurate, that it shews all site features and that Drooosea develooment s feasible. The wording must be carried forward exacuy as written unless prior consent is received from the Engineenng Daoartment. This is to alleviate oroblems anc delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: '~ tnere are any encroachments into the public nghts-of-wa},, [ne encroacnmem must either ce remove~: or be sueject to current encroacnmem license reeuiremems Site Review 1. Site Drainage - Requirement -.The foundation drainage system snouc ce seoara[e from s~te storm drainage system. Rain one snow melt runoff must De detained ano route(: on site. These facilities must (:e ShOWn on drainage :~ans ano submitted for aooroval onor to application for building Detroit. The drainage mar be conveyed to existing anascspeo areas if the drainage repor~ demonstrates that the percolation rate an(: [ne detention volume meet the design storm Information - The City drainage criteria needs to be imoIemented completely. This includes but is not limited to erosion control, soil stabilization and vegetation :- disturbed areas. Aisc [here neeos ~o be an analysis of where the drainage will flow 2. Sidewalk, Curb. and Gutter- Requirement- sidewalk, curb. and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: p5~'149_ Pa=~e 2 0£8 July 23, 2.001 L~zsb~c]~ I~ PUD a. A sonn~ler system and a new fire alarm system is required for the entire StrUcture 4. Transportation - Requirements- The information were forwarded by -rahs 3ortation deoar~ment: a. Due to the parking shortages addressee below, the ao~licant should consider joining the City's Transoor~auon O~tions Program (TOP).-FOP members receive SeVeFa[ free services including transportetion newsletters. emergency transportation for oualified employees, trans 3creation diso~ay boards construction uodates and distribution of transit scneaules. For more information the a~olicant should contact the City's Trane :ortation Coordinator at 920-5038. 5 Building Department - Requirements - The following reauirements were forwarded ay the Building De~ar~ment: a. No comment 6. Parking - Requirement - The following requirement nas been forwarded oy the Parking Deoartment: a Applicant states ex~sting off street oarking behind me iooge orovides twelve parking spaces Currently, there are twelv~ ang e spacds which cause about a fiftj percent of each vehicle to be extended into ~ne alley ROW. Vehicles snoulc? be oarKeo oaral[e~ to Tne rear of [ne oage..Whis would reduce the number of off street seaces To about to approximatel:, six. Rewseo total Df ex,sung off street would then De twelve. o The orooosed number of bedrooms is forty eigm. For~y eight time~ 0.7 parking spaces per bedroom wouto eoua to a neeo for 33.6 minus [ne existing twelve soaces would leave a deficit of 21.5 barK~ng seaces. 7. Engineering Department - Requirement- The following rea_ remen~s have oeen provided b) [ne Engineering Deoar~ment: a Provide a site 'morovement survey, orepared b/"tensed professional which will include: Monuments Setback lines iii. Utilities Lines Pedestals, Poles. iv. Easements v.Existing features: irrigation ditches sidewalks driveways, buildings, vi. Surveyors Seal dated within the last 12 months Page 3 of 8 July 23,200I Innsbruck Inn PUD D. Show plans for all imorovements, districts, curb aha gutter, aha sidewalk improvements. c. No construction materials are to be stored on the eublic ROW o. Show snow and trash storage on site :)lan. where wilt snow removed from parking spaces be stored e, All utility oeeesta~s are to oe onsite f Parking: ·As is there is 18 spaces and 33 units creating a parking defecate of 23 - 18 = 5 if all unit contain one aearoom · The :)rooosed addition will change the parking requirement to 48 ' 0.7 = 33.6 hence defecate will be 34- 18 = 16. Secure off site parking will De required to mitigate this. It is the resaonsibility of the aoplicant to obtain Ibis and [~rovide what ever trans sort neeeeo to snume g Jests to aha from this :arking area. Even though the PUD agreement allows for some 'eduction :- parking requirements mrougn alternative memo~:s this deficit s too large and wilt reduce available space in the surrounding area g. A traffic control Dian for construction including construction vehicle parking and intended routs for heavy machinery. A noise and dust mitigation plan ~s to be submitted for the construction of the prooosed addition. h. Obtain any Encroachment license that are rec Jired The roof drains are not oresently connected to any son of drainage system and it would aooear that all water from these flows c nra rne street. This will water should be contained on site to pre eeve~c pment levels. Inform ation- The following information nas oeen provided By the Engineerir g Ds sar[merit: a. The submittal of the construction olans to Engineering Department for reviews odor to application for building ~erm~r will benefit the develooer and wil facilitate timel:, orocessing ~fthe Building Permits. 8. Streets Department- Requirement- The following requirements nave aeon Drowoeo by me Streets depammem a. The additional height of the buiiding may case gutters or Main Street to freeze oue to the additional shading. This was nor aaoressee in me application and ways to avoid this such as snowmelt should Be considered, 9. Housing Office - Requirements - The following rec:uirements have oeen proweec] Dy the Housing Office: a. No comment 10. Community Development - Requirements - The following rec Jirements nave beer provided by the Community Develoament Office: a. No comment P56ri5lr, Page 4 o£8 July 23, 2001 lzmsbruck Irm PUD 11. Emergency Management Disaster Coordinator - Requirement - The foIIowing requirement has been provided :~y the Pitkin County Disaster Coordinator: a. Reviewed no comment at this time 12. City Environmental Health Director- Requirements- The following requirements were mace by the Environmental Health Director: The City of Aspen EnvironmentaI Health Department has 'eviewed the Innsbruck expansion land use submit[al under authority of the Municipal Code of the City of Aspen, and has the following comments WATER QUALITY MPACTS: Section "1-I.3 "For the 3urpose of maintaining and protecting its mun~cioaI Water supply from injury eno ooilution, the city shalI exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen eno over al streams and sources contributing to munic~oal water supplies for a distance of five (5 miles above the points fro m which municipal water supplies are diverted." A drainage plan to mitigate me water quality imoacts from drive and parking areas, and from the site during construction, will be evaluated by me City Engineer. AlP, QUALITY: Sections 11-2.1 "It is the ouroose of [the air quality section of the Municipal Code] to achieve rne maximum 3ractical degree of air eurity oossible by requiring the use of au available oractical methods and tecnnlcues to control prevent and reduce air 2oliutic n rnroughout the city..." The Land Use Re, gulauons seek to "lessen congestion" and "avoid transoorzation demands mat cannot De met" as well as to "provide clean aw Dy protecting the natural air sheds and reducing pollutants" The major air quality imoact is the emissions resulting from the traffic generated Dy this project. PM-10 (83% of which comes from traffic driving on paved redes s a significant health concern 'n As3en. The traffic generated will also oroduce carbon monoxide and other emissions tnar are nealrn concerns. The municiDa co(2e requires developments to achieve the maxlmurr oracucal degree of air ourity by using ali available practica methods to reouce 3ollution. The aoolicant needs to implement measures met wi] m~nimtze traffic 'ncreases of the development, or offset the emissions from me :reject with PMIO reduction measures e~sewnere. In order to do this, the applicant wfl need to determine the traffic increases generated by the project (using s;anoare ITE trio generauon re,esL commit to a set of control measures, and snow mat the con,roi measures offset the traffic or PMIO oroduced by the project. Standards used for trios generatee Dy new oeve~ooment are the trip generation rates and reductions from me Pitkin County Road Standards'. which are cosec on the Institute of'Trans ~ortation Eng'neers Trip Generation Reporz, Fifth Edition. Page 5 ors Juiy ~3~ ~00~ Innsbmck Inn PUD Housing units use the trip generation rate for ITE Land Use code 210. which is 9.55 rdps per pay per unit. Residential units located within one half mile of a transit stop are allowee a reduction of 1.5 trips per any. Affordable Housing units are attowed a 'eoucdon of 2.0 trios per day. Hotel and lodging units use the ITE trip generation 'ate for Land Use Code 310. Hotel/Occupied Room which is 8.8 trips per day per tourist room. Examotes of mitigation measures that have been err eloyed in me past oy oevelc sets include providing carpoollvanpoo~ financial incentives to employees. ~roviding free bus :asses providing vanoools, providing dial-a-ride service paying for additional RFTA buses and service, providing private PUS service for employees, limiting parkir~g, allowing residents to pa) for parking spaces if they choose ann giving discounts to those who don't, having homeowners association fees on a sliding scale oepending on me number of cars. providing connecting bike oath links 'n populated areas plowing bike paths in populated areas, paving dirt shoulders or n an-use parking lots, providing covered and secure bike storage, providing free bike fleets for residents, building sidewalks to adjacent commerma~ areas donating connecting bike oath links, ann other measures. WhaTever combination of measures the applicant chooses to mitigate PM-10 emissions ann mOS generate(:, is acceptable as long as it prevents additiona traffic that would significantly impact air ouality. The City Environmental Health Department nas no creferedce for which trim reduction -eesures are usea anc typically, an applicant ChOOSeS measures that ~rovide an ancillary aenefit to the project. With a net'ncrease of 13 lodge units and two employee dwelling units, [ne project will genera[a. Jst over 100 additional trips/day. Mitigation measures include the proximity to pus and pedestrian/bike routes and cmseness m aowmown ann the tent. (Trio genera~mn calculation assumes credit for this feature.. Measures proposed by the aeolicant include providing free bikes now manj will be maintained at one time neeos to be clarified and should De at.least enough bikes tot a family to use. wltn OaCKU ~S In case of oreaKeown free taxi vouchers for travel to and from me a~roor~, marKetmg [nat informs guests thai mey ap no~ neec cans anc limited number of~:arking spaces. This as[ feature's very moor[ant in reducing [nos most of which are snoF[-a stance tr :s. These are more likey m oe made on foot or oy pus if the guest's car's not Dameo immediatey n front of the unit. One area mai ' coutd not find in the amolication was discussion of paving the two ex~sting grave~ parking areas. While this ma~ not De desirable from an aesthetic or drainage point of view. if aaving is planned. along with other mitigation measures ~roeosed. me applicant wil nave usea all reasoname means to reduce air pollution. A condition of approval should be that the applicant clarify these details of the proposed PM 10 mitigation plan for approval from the City of Aspen Environmental Health Dep~ rtment. If gravel areas are not to be paved, alternative mitigation measures can be substituted. FIREPLACENVOODSTOVE PERMITS The a~olicant nas agreea not to install any woodbuming devices aaa this should De a ;ondition of aoDroval. P58P153 Page 6 }uly 23~ 200I Irmsb~uck Inn PUD FUGITIVE DUST A fugitive dust control pIan is reauired which includes out is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried ouT. soeed Iimits or other measures necessary to prevent windblown dust from crossing ~ne property line or causing a nuisance. Dust controi will be crucial due to ~ne c~oseness of existing homes to the site. ASBESTOS before remodel, expansion or demoIition of any Bortion of the ~uiIding, incl.udinq removal of drywall, carpet, tile. etc. ~ne s~a~e must be notified and a person licensed by the state to do asoes~os 'nsoections must do an i'nspection. The Building Department cannot sign any building permits undI they get this reporL If there is no asbestos, the demolition can oroceeo If asbestos's present, it must be removed by a licensed asbestos removal contractor ECOLOGICAL BILL OF RIGHTS: This issue was not addressed in the aoetication. We would recommend that a cendi:~ion of approval be that ;ne aeoticant address this portion of the Aspen Area Community Plan and orovide the Environmenta Health Department with a description of measures being taken to conform with this provision. Applicable elements may be already o~annee But not discussed in the application. Staff would like the opportunity to make suggestions to the aoolicant in this area before issuance of a building permit. NOISE ABATEMENT: Section 1~-1 "The city council finds and dec,ares that noise is a significant source of environmental pollution tna~ reoresents a present and increasing threat to the public peace and to the nea~tn, safety and welfare of the residents of the City of Aspen and it its visitors. ..According% it is the oolicy of council to provide standards for permissible noise levels in various areas aha manners and at various times and to prohibit no,se n excess of those evels." During construction, noise cannot exceed maximum oermissible sauna level standards, and corqstruction canno[ De cone eKoeet between the hours of - a.m. and 7 p.m., Monday through Saturday. Any particular ¢ oud noise should '~o~ sta~ before 9 am. It is very likely that noise generated during the construction enase of this project have a negative impact on the neighborhooo. The ao~ icant should be aware of th~s and take measures to minimize the predicted r~ gn noise levels. 13. Parks - Requirement- The following requirements nave peen maoe by the Parks Depa~ment: a. No comment 14. Utilities: Water: July 25,200~ I~nsbrack Irm PUD City Water Department - Requirement- As a reeuesr of rne City of Aspen Water Depar~mem. revisions need to be made as follows: a. All uses and construction wil comply with the City of Aspen Water System sta_ndards and with Title 25 and a ~olicable Dortio~s of Title 8 (Water Conservation aec Plumbing Advisory Code' of the As 3en Municipal Code Wastewater: As pen Consolidated Waste District - Requirement - The following was srovloecl by the Aspen Consolidated Waste District: a. In the application to regular tad fees, a downstream constraint fee will be essesseo to this develooment.' Ps/men~ of all tota~ connection charges must ee said to me District srior to issuance of Building :ermits. b. A.C.S.D. wil need to review drainage and aeascane mans srior to was~ewater service approval c. A.C.S.D. will nees to review me utility ~ ~an ween made available by me aoolicant ct. If new services are re~:uired for additiona develc 2mem. me ~ld service Iines must ce excavated in the alle~, and disconnected at the main sewer ine. e. Shared service agreements may De reouired £ Below grade facilities will reau~re a pumpin, g system g. Clear water connecuons are not allowed h. Development must corns y with all A.S.C.D rmes regu~auons anc seecifications Construction: Work in the Public Right of Way Requirement - Given me continuous 2reD,ems of unaDDrOVeO WOrK and oevelooment in 3ublic rights-of-war adjacent to private properzy, we aewse the applicant as foIlows: Aeprovals 1. Engineering: The applicant receives aoDroval from the City Engineering Depanmem 920-5080 for design of imorovemenrs acluding grading, drainage, transeortation/streets Iandscapmg aec encroachments within public right of way. P60P155page 8 of $ Ju].y 23, 2001. [~sb~ck I~O_T~ Pm 2. Parks: The applicant receives approval from the Parks Depar~mem [920- 5120) for vegetation soecies and for ~ublic traiI disturbance. 3. Streets: The aoolicant receives approvs from the Streets deoar~ment 920-5130' for mailboxes, finished oavement, surface materials :n streets and alieywaj, s 4. Permits: Obtain R.O.W oermits for any work or oeve~ooment involving stree~ cuts ara lanascaping from tnb Engineering Deoartment DRC Attendees Staff:: Tom Bracewell Applicant's Representative: Mitch Haas Harold Smith David Gibso- Tim Ware Richard Goulding Julia Ann Woods Ch 'is Bendon Ed Van Walraven Steve Cla¢ Rebecca Schicklin9 RESOLUTION NO. 20, SERIES OF 2002 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A GMQS EXEMPTION FOR LODGE PRESERVATION AND RECOMMENDING THAT CITY COUNCIL APPROVE THE MINOR PLANNED UNIT DEVELOPMENT AND GMQS EXJEMPTION FOR AFFORDABLE HOUSING FOR THE INNSBRUCK INN, LOCATED AT 233 WEST MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2735-124-54-001 WHEREAS, the Applicant, Irmsbr~tck Holdings, LLC, represented by Haas Land Plarming, LLC, submitted an application (hereinafter "the application") requesting approval of a Minor Planned Unit Development, and GMQS Exemptions for Lodge Preservation and Affordable Housing to expand the Iunsbruck Inn, located at 233 W. Main St., Lots A-E, Block 52, City and Townsite of Aspen, by four lodge rooms and an employee housing unit; and, WHEREAS, the Community Developmem Department determined that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identiIled herein, has reviewed and considered the recommendation of the Commurury Developmem D/rector, the applicable referral agencies, and has taken and considered public comment ar a public hearing; and, WHEREAS. the Aspen Planning and Zon/ng Commission finds that the development proposal meets or exceeds alt applicable development standards .and that the approval of the development proposal, with conditions, ~s consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS. at a public ]xearing, which was legally noticed and held at a regular meeting of the Aspen Plauning and Zoning Commission on June 18, 2002, at which time the Commission considered and found the apl: [ication to meet the review standards, and approved a Growth Management Quota System (GMQS) Exemption for Lodge Preservation and recommended that City Council approve with conditions a Minor -- Planned Unit Developmem and a GMQS Exemption for the development of an Employee Housing Unit, by a vote of six to zero (6 to 0) for the Irmsbruck Irm, located at 233 West Main Street. Lots A-E, Block 52, City and Townsite of Aspen; and. WI-LEREAS. the Aspen Planning and Zoning Commission £mds that this Resolution furthers and is necessary for the promotion of public health: safety, and welfare.' P157 NOW, THEREFORE, BE IT RESOLVED: Section 1 Pnrsuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Plarming and Zorfing Commission hereby approves a GMQS Exemption for Lodge Preservation and recommends that City Council approve a GMQS Exemption for Affordable Housing and a Minor Planned Unit Development for the Innsbruck Irm, a property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, with the follow/.ng conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Co~mciI and shall include the following: a.The information required to be included in a PUD Agreement. pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days >f the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easemems, encroachment agreements and licenses with reception numbers for physical improvements, and location of utilit7 pedestals. b. An illustrative site plan of the project showing the proposed ~nprovemenrs, landscaping, parking, and the dimensional reqnirements as approved. c. A drawing representing the project's architectural character. 3 Prior to applying for a building permit, the applicant shall record a PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. 4. The following dimensional reqmrernenrs of the PUD are approved and shall be printed on the Final Illustrative Plan. units measured in feet or sq~mre feet): P158 No requirement One lodge or residential bedroom per 390 square feet 4.5 feet for building/0 ~eet for existing swimming retaining wall Requirement Per Final PUD Plans .9:1 without basemenff. 95:l including b~ement addition 0.31 spaces per bedroom (12 spaces ~nd 38 bedrooms, including the one employee housing bedroom). 5. The building permit application shall ir. zlude: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permk set. c.A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Depmtment and any approval from the Parks Department Director for off-site replacement or miugarion of any removed trees. e. A drainage plan. including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage ~mprovemems. P159 6. The Applicant shall install an adequate fire alarm system thzoughom the structure as determined to by the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. 7, Prior to issuance of a building permit: a. The primary contractor shall subroht a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees. and building permit fees shall be paid, Ifar, alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 8. The Applicant shall convey an undivided fractional interest (one tenth of 0. t %) in the ownership of the deed restricted employee housing ro the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 9. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted employee honsing unit. t 0. Prior to building permit issuance, the Applicant shall record a deed restriction for the employee housing umr, and gram the undivided fractional interest !n the ownership of the affordable housing unizs to the Aspen/Pitkin County Housing Authority. 1 t. The Applicant shall adequately mitigate for employee generation by providing deed restricted employee housing for at least .59 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority. 12. The employee housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself, income and asset restrictions shalI be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the addition to establish mtttually acceptable lease terms for employees whose units are attached to the business. 13. The Applicant shall submit a PM- 10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit. The P160 mitigation plan shaI1 include sufficient measttres to mitigate for 36 additional vehicular trips per day. 14. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 15. The Applicant shall pay the City of Aspen $8,200 in park development impact fees. These fees shall be due and payable at the time of issuance of a building permit for the development. I6. The Applicant shall provide priority to the occupant(s) of the employee housing unit, the use of one of the off-street parking spaces to the north of the building. In the event that occupant(s) does not use the space, it shall remain available for the general use of the Innsbruck Inn lodge guests. 17. The Applicant shall obtain a revocable encroachment license to continue to allow the lodge to ntilize the parking spaces on the alley as angted "head in" parking as they currently exist. t8. That the Applicant shall sign a sidewalk, cnrb and gutter construction a~eement and pay the applicable recording fees prior to issuance of a Certificate of Occupancy. 19. That the Applicant shall pay the appropriate Street Impact Fees.to the City of Aspen for excessive wear to the streets caused by construction traffic as determined by the:Engineering Department. 20. That the Applicant shall be required to show plans for ali improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. 21. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of distc~rbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be .required prior to the submittal for building permits. 22. That the Applicant shall install tree saving construction fences around the drip line of any trees to be saved. P161 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, tbot or vehicular traffic shall be allowed within the drip line. 23. That the Applicant shall compty with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 24. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All improvements below grade shall require the use of a pumping station. 25. The applicant shall abide by ail noise ordinances. Construction. activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 26. The Applicant shall agree that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans as part of the building permit application, and the management plan shall include a noise, dust control, and construction traffic management plan which addresses, at a minimum, the following issues. a. Defining the construction debris hauling routes and impact on local streets; and b. The city encourages that site workers be shuttled in from the airport parking area. 27. A bear-proof dumpster shall be located on-site meeting the standards of the City of Aspen Wildlife Ordinance. 28. One ground floor lodge room shall meet handicap accessibility requirements. 29. The Applicant shall snbmit a food service plan for review by the Envirommental Hea2h Department and obtain a food service license if required, prior to issuance of a Certificate of Occupancy for the added P162 lodge rooms. I£ determined to be necessary, the Applicant shall install an oil and grease interceptor in the breakfast room/kitchen. 30. The Applicant shall post a sign indicating that the westermmost parking space on the alley is for compact cars only. 31. The Applicant shall join any future improvement districts that are formed to complete ff~ture City approved improvements to the adjoining/ surrounding right-of-ways. Section 2: All material representations and commitments made by the applicant pursuant to the development approvals as herein awarded, whether in public hearing or docmmentation presented before the Aspen Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if 5.tlly set forth herein, tm[ess amended by an anthorized entity, Section 3: This Resolution shall not effect 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, r Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a conrt of competent jurisdiction, snch port/on shall be deemed a separate, distinct and independent provision and shall nor affect the validity of the remaining portions thereo£ APPROVED BY THE COMMISSION at its regular meeting on the 18:h day of June, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk P~63 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR FINAL DEVELOPMENT FOR AN EXPANSION OF THE INNSBRUCK INN LODGE, 233 WEST MAIN STREET, LOTS A, B, C, D, A_ND E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID #2735.124.$4.001 RESOLUTION NO.. , SERIES OF 2002 WHEREAS, the applicant, Innsbruck Holdings LLC, represented by Mitch Haas of Haas Land Planning and Dave Gibson of Gibson Architects, has requested final development approval for an expansion of the Irmsbruck Inn, a non-designated building within the Main Street Historic District located at 233 West Main Street, lots A, B, C, D, and E, Block 52, City and Townsite of Aspen, Colorado; and, WHEREAS, conceptual HPC development approval for the Irmsbmck Inn expansion was granted on November 28, 2001 pursuant to HPC Resolution No. 55, Series of 2002, which was prior to the adoption of City Co~mcil Ordinance No.I, Series of 2002 that amended the Significant Development Review Standards; and, WHEREAS, final HPC review for the Innsbruck Inn expansion shall be subject to the significant development review standards in place at the time that application was made for conceptual review; and, WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet ail four Development Review Standards of Section 26.415.010.B.4 of the Aspen Land Use Code in order for HPC to grant approval, namely: I. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance betxveen buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the atIowed site coverage by up to five (5) percent, HPC may grant such variances aker rank-hug a findi~ag that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional req;tirements. In no event shall variations pr~rsnant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling urfits pm:suant to Section 26.520. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. P164 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or o~ adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof; and, WHEREAS, James Lindt, in his staff report dated Jtme 26, 2002, performed an analysis of the application based on the standards, and recommended approval of the application, with conditions; and, WHEREAS, at a duly noticed public hearing and regular meeting on June 26, 2002, the Historic Preservation Commission considered the application, comments made by the applicant, comments offered by the general public, found the application to meet the standards, and approved the application, by a vote of to (~-_~). THEREFORE. BE IT RESOLVED: That the HPC grants final development approval for the Irmsbruck Ira2 Expansion, 233 West Main Street lots A. 13, C, D, and E, Block 52. City and Townsite of Aspen. Colorado. finding that the review standards are met, with the following conditions: i. HPC staff and monitor must approve the type and location of all exrerzor lighting fixtures. 2. There shalI be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor. 3. The previous two conditions of approval will be reqtfired to be printed on The cover sheet of the building permzt plan set and all other prints made for the purpose of construction. 4. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable ro this project The comracror must submit a letter addressed ro HPC staff as parr of the building permit application indicating that all conditions of approval za'e known and tmderstood and must meet with the Historic Preservation Officer prior to applying for the building permit. APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June. 2002. P165 Approved as to Form: David Hoefer, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chairman ATTEST: Kathy Stricldand, Chief Deputy Clerk MEMORANDUM TO: Mayor and City Council THRU: Joyce Ohlson, Deputy Planning Direct~ FROM: ~y Gu~e, Historic Prese~ation Officer Appeal of Historic Prese~ation Commission Decision on 629 W. Smuggler Street. Final Significant Development and Variances Review- PUBLIC HEA~NG DATE: August 12, 2002 SUMMARY: The applicant, Steven St. Clair, requested Final Significant Development and Variances approval from the Historic Preservation Corrm~ission (HPC) for an addition to the historic home he owns ar 629 West Smuggler Street. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures." HPC conducted a hearing on the project on May 8, 2002, and, at staff's recommendation, moved to continue the review to a date certain in order to receive clarification from the applicant on some of the proposed materials, and in order for the applicant to restudy and minimize the need for some of requested variances, particularly a height variance. Mr. St. Clair indicated that he would not be willing to remm to the board with the requested information and asked HPC to vote on the merits of the proposal as presented to them that evening. Because the FI_PC had legitimate questions that needed to be answered before they would be able to make findings related to the review standards a motion was made to approve the project, which failed by a vote of 0 in favor and 4 opposed. The applicant has appealed the decision ro City Council on the grounds of that the decision was '*arbitrary, capricious, and not supported by the evidence." Please see Exhibit A for the letter from the applicant's representative requesting an appeal APPLICANT: Steven St. Clair, owner, represented by David Myler of Freilich, Myler, Leimer, and Carlisle. LOCATION: 629 W. Smuggler Street, Lot A and the west half of Lot B, Block 21, City and Townsite of Aspen, Colorado. PROJECT SUMMARY AND REVIEW PROCESS: Following is Section 26.72.040(C); the criteria on which the City Cotmcil must judge appeals of HPC Decisions: P167 The city council shall consider the application on the record established before the HPC. The city council shall affirm the decision of the Ir[PC unless the city_ council shall determine that there was an abuse qf discretion or denial qf due process by the HPC. Upon determining that there was an abuse of discretion or denial of due process, th,e city council shall be attthorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition, partial demolition, off-site relocation, or on-site relocation application has been suspended on the terms of the suspension, or remanding the application to tlPC for rehearing. The review of Final Signiitcant Development and Variances for 629 W. Smuggler Street followed all of the Code requirements and procedures for a public hearing. Appropriate public notice and affidavit of notice was provided. The record, including the staff memo, architectural plans, minutes, and HPC resolution is attached for Council review. Staff, the applicant, and the applicant's representatives were permitted to make sufficient presentations, and the public was invited to speak. The Commission reviewed the proposal with the correct and applicable criteria with which it has authority; and the Commission acted to deny the case because they found that the standards were not met based on the design and information that was available to them on May 8, 2002. The applicants were given the same opportunities to present their case as any other applicant. There was not an abuse of discretion, arbitrary or capricious conduct, or denial of due process on HPC's part. Council's role in the appeal is not to determine whether or not they agree with HPC's conclusion in regard to the merits of the project, but rather to confirm that there is sufficient evidence in the record to support their decision and to determine whether procedures were followed so that the applicant was afforded the same opportunities as all other applicants requiring Historic Preservation Commission revieW. As noted in the attached letter from David Myler, and discussed at some length in the staff memo to HPC, Council did award conceptual approval for this project on November 26, 2001, after it was denied by HPC and appealed. It Was clear at the time of the Conceptual appeal that there were variances needed for the project which had come about after the original application was submitted to the Community Development Department. The variances evolved as the project changed during HPC's review. The variances had never been publicly noticed, as is required in order for them to be awarded, and the relevant review criteria had never been applied when Conceptual ended in a denial. Cormcil's overturning of HPC's decision did not include the granting of variances. P 168 At HPC's May 8th bearing for Final rewew, staff and HPC clearly understood that the design of the historic home and addition had been approved, and that the final review criteria, and variance criteria were the points of discussion. Final review ar HPC is focused on the selection of materials and on the overall details of the proposal. Relevant topics include landscape design, lighting, proper treatment of historic materials, appropriate replacement materials on historic srn~cmres, appropriate materials on additions, distinguis~ng "new" and "old" construction, and sensitive location of mecharfical equipment/vents. In addition to those items, variances requested by the applicant m order to construct a :~ew detached garage and extra bedroom on the proper~y were: a 5 foot rear yard setback variance, a 5 foot west sideyard setback variance, a variance from a "Residential Design Standard" for garages, a height variance of 3 feet 6 inches and a floor area bonus of 275 square feet. The staff memo and the HPC comments at the hearing offered little or no opposition m the requested setback variances, .or the variance from the "Residential Design Standards" which states that garage doors may not face the street, as is the case in this design. Where staff and the board did question the merits of the prQecr was with regard to the height variance and floor area bonus. HPC has the authority ro vary numerous dimensional requirements that are established by the zoning that is applied to a parcel. Setback and parking variances can be granted by HPC based solely on their finding that the granting 0fthe variance helps to preserve the historic resource (by allowing an addition ro be located fm~aher away from it, etc.) Variances from the "Residential Design Standards" are also flexible when a property ow~aer proposes a solution that meets the overall goals. HPC has the ability to grant height variances, but must do so by applying the same criteria as would be used by the Board of Adjustmem (BOA.) To save the applicant time, HPC is allowed to hear the request in lieu of the BOA, but the standards review standards are strict. They are: L The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title;and 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and wottld cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicanFs rights would be deprived, the board shall consider whetl~er either of the following conditions apply: P169 a. There are special conditions and circamstances which are unique to the parcel, building or strttcture, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or stractures, in the same zone district. The discussion at HPC was that the height variance was not appropriate because there are other options for the development of the space desired by the applicant that did not require vioIating height restrictions. For instance, the design of the garage could be restudied to reduce its height, possibly as simply as by lowering the plate height (the spring point of the roof). Alternatively, some of the living space could be placed below grade, a very common scenario in most residential development in Aspen. While the letter from the applicant implies that HPC desired to see living space Iocated above the garage, the record shows many comments from HPC throughout the review questioning the appropriateness of the height of the new structure. The letter also mentions that height variances have been granted for garage structures in town, however, it is unlikely that any variances were granted for a new strncture unless an ADU was involved. In addition, no such examples exist for buildings constructed under the HPC's design guidelines, adopted in 2000, so they are not comparable. At the May 8t~ meeting, the requested floor area bonus was also debated. This award is also subject to stringent criteria, which are: 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of, allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets ~ applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. P170 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. In general, the HPC had indicated suppor~ for the proposed location of the new garage, which mimics an existing structure on the site, tl~roughout the hearings, but was unable to make a finding on May 8~ that ali of the criteria were met for a number of reasons. First, as outlined in the resolution of denial, several of the design review standards either were not met, or the HPC could not determine whether they would be me~ because the applicant declined their request to provide further information. Second, it was felt that there were reasonable ways tc decrease the amotmt of bonus needed. STAFF RECOMMENDATION: Staff believes that the proper and legal procedures were followed on this case, and does not believe the applicants' request for appeal is warranted. The HPC has been appointed by Council to provide their expertise related to historic preservation. Staff recommends Council uphold the Commission's decision. If Council upholds the decision, the applicant still retains a conceptual approval that is valid until November 26, 2002. The owner may submit a new final review application to be approved if the review standards are met. RECOMMENDED MOTION: "I move to adopt Resolution # ., Series of 2002, upholding the decision made by the Historic Preservation Commission on May 8, 2001, denying Final Significant Development and Variances approval for the property located at 629 W. Smuggler Street." CITY MANAGER COMMENTS: P171 Included as exhibits to this Memorandum are the following: City Council Resolution # , Series of 2002 Exhibit A: Letter of Appeal from David Myler Exhibit B: HPC Resolution #18, Series of 2002, which resulted in the denial of final review Exhibit C: Staff memo to HPC Exhibit D: Architectural plans Exhibit E: Minutes of HPC final review P172 A RESOLUTION OF THE ASPEN CITY COUNCIL UPHOLDING THE DECISION MADE BY THE HISTORIC PRESERVATION COMMISSION DENYING AN APPLICATION FOR FINAL SIGNIFICANT DEVELOPMENT AND VARIANCES APPROVAL FOR THE PROPERTY LOCATED AT 629 W. SMUGGLER STREET, LOT A AND THE WEST HALF OF LOT B, BLOCK 21, CITY AND TOWNSITE OF ASPEN RESOLUTION NO. , SERIES OF 2002 WHEREAS, the applicant, Steven St. Clair, requested final significant development and variances approval from the Historic Preservation Commission for an addition to the historic home he owns at 629 West Smuggler Street. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures," and WHEREAS, the Historic Preservation Commission discussed the project on May 8, 2002. The meeting met the proper noticing requirements of Section 26.304.060.E of the Land Use Code. The project was denied on May 8, 2002 by a vote of 4 to 0, after the Historic Preservation Commission found that the review standards provided in the Land Use Code were not met; and WHEREAS, no abuse of discretion, arbitrary and capricious conduct, nor denial of due process occurred during the above mentioned hearings; and WHEREAS, the Aspen City Council affirms that the proper procedures were followed and wishes to uphold the decision of the Historic Preservation Commission as rendered in their Resolution #I 8, Series of 2002. NOW. THEREFORE. BE IT RESOLVED: City Council affirms the decision of the Historic Preservation Commission denying an application for final significant development and variances approval for the property located at 629 W. Smuggler Street. Lot A and the west half of Lot B, Block 21, City and Townsite of Aspen, Colorado, finding that there was not an abuse of discretion or a denial of due process by the Commission. APPROVED by the City Council at its regular meeting on this 12th day of August, 2002. ATTEST: MAYOR: Kathryn Koch, City Clerk Helen Kalin Klanderud Pt73 RESOLUTION OF TEFE ASPEN HISTORIC PRESERVATION COMMISSION (tlPC) DENYING AN APPLICATION FOR FINAL DEVELOPMENT AxND VARIANCES FOR TIlE PROPERTY LOCATED AT 629 W. SMIJ'GGLER STREET, LOT A AND THE WEST E[ALF OF LOT B, BLOCK 21, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 18, SERIES OF 2002 WtLEREAS, the applicant, Steven St. Clair, represented by David Myler, of Freilich, Myler, Leitner. and Carlisle, and Catch/Ma~'mez, of JBZ Architects has requested Final Development and Variances for the property located at 629 W. Smuggler, Lot A and the west half of Lot B, Block 21, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic properw or district until plans or sufficient information have been submitted ro the Commurdty Developmem Director and approved in accordance with the procedures established for their review; and WIt[EREAS, the HPC re-dews the application, the staff analysis report and the evidence presented ar a hearing-to determine-the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application ro obt~fin additional information necessary ro make a decision to approve or deny; and WHEREAS, the application for 629 W. Smuggler Street final review inchided a request for setback variances. In order to grant these variances, according to Section 26.415.110.C of the Muncipal Code, the iqPC must fred that the variance: a. Is similar ro the pattern, features and character of the historic property or district: and/or b. Enhances or mitigates an adverse impact ro the historic significance or architectural character of the h/storic property, an adjoining designated historic property or historic district; and WR¥,REAS, the application for 629 W. Smuggler Street £mal review included a request for a variance from the "Residential Design Standards," related to garages. In order for HPC to grant the variance, according ro Section 26.410 of the Muncipal Code, the HPC must fred that: A. The proposed design yields greater compliance with the goals of the Aspen area Community Plan (AACP); or, B. The proposbd design more effectively addresses the issue or problem a g4ven standard or provision responds to; or. P174 C. The proposed desi~ is clearly necessary for reasons of fa/mess related ro unusual site specific conslra'mts; and WItEI~EAS, the application for 629 W. Smuggler Street final review included a request for a Floor Area bonus, hn order for FI?C to grant the variance, according ro Section 26.415.1 I0.E of the Municipal Code, HPC must find that: 1. In selected circumstances the HPC may grant up ro five hundred (500) additional square feet of allowable floor area for projects [nvolving designated historic properties. To be considered for the bonus, it must be demonstrated that: ~. The design of the project meets all applicable design gnidelines; and b. The historic building is the key element of the property and the addit/on is incorporated in a manner that maintains the visual integrity of the historic buildLng and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transit/on 'defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained; and WFIEREAS, the application for 629 Wi Smuggler Street final review included a request for a height variance. In order for HPC to grant the variance, accord/rig to According ro Section 26.314.040 of the Municipal Code the F_PC must make a finding that the following three (3) c/rcumstances exist: 1. The grant of variance will be generally consistent w/th the purposes, goals, objectives, and policies of the Aspen Area Community Plan and th/s Title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's fights would be deprived, the board shall consider whether either of the folIowing conditions apply: a. There are special conditions and czrcumstances wkich are umque ro the parcel, building or structure, which are nor applicable ro other parcels, structures or buildings in the same zone distr/ct and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any spec/al priv/Iege denied by the Aspen Area Community Plan and the terms of th/s k _.. Tide to other parcels, bu/ldings, or structures, in the same zone district; and P175 · ",,, WHE~AS, Amy Guthrie, in her staff report dated May 8, 2002, performed an analysis / of the application based on the standards, and recommended that the review be continued in order for the applicant to provide additional information for the HPC to use in making a decision; and WHEREAS, at their regular meeting on May 8, 2002, the Historic Preservation Commission considered the application, found the application was not consistent with the "City of Aspen Historic Preservation Design Guidelines" and other applicable sections of the Municipal Code and was prepared to make a motion to continue. The applicant refused a continuation, after which the HPC made a motion· to approve which received a vote of 0 in favor and 4 opposed, therefore the application was denied. WlJ~EREAS, the HPC passed a motion, by a vote of 4 in favor and 0 against, stating their findings with regard to a denial of the application: 1. The submitted proposal ·does not satisfy Design Guideline 10.4 in terms of providing · proper distinction between old and new through the way the new addition is detailed, especially the gable ends and trim around the windows: 10.4 Desi~ma a new addition to be recognized as a product of its own time. []An addition should be mad~ distinguishable from the historic buildfmg, while al~o remaaining 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 ali techniques that may be considered to help define a change from old to new construction. 2. The hardy plank on th.e historic building does not meet Design Guideline 2.7: 2.7 l~iatch 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, the amount of exposed lap and finish. n Replace Only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. 3. Absent a mater/al sample to review, there is a question as to whether the proposed vinyl windows in the new addition are of sufficient quality {o meet Design Guideline I0. II: 10.11 On a new addition, use exterior materialJ that are 6omphfible with the historic materials of the primary building. The new materials should be either similar or subordinate to the original materials. 4. The guidelines for the FAR bonus are not met for a number of reasons, including concerns with the material palette. The standards for awarding an FAR bonus require . P176 that ali the desig2 g2idelines must be met, which is not the case with the current proposal. The ar2ounz of FAR bonus needed could be minimized by moving the bedroom over the garage to a basement under the new addition, or by otherwise decreasLng the FAR of the new addition to some degree. 5. The prop~)sal does not mer/t a height variance because it does not satisfy, as required, ail three of the criteria set forth in Section 26.3 I4.040(A). NOW, TELEREFOR_E, BE IT RESOLVED: That Final Development and Variances for the property located 629 W. Smuggler, Lot A and the west half of Lot B, Block 21, City and Townsite of Aspen, Colorado, is not approved. DENIED BY TItE COMMISSION at its regular meeting on the 8th day of May, 2002. Approved as to Form: D avid'Ho~er, 2ssistan~i Attorney Apl~r~oved as to content: l~IS:~ P~I¢C OMMISSION Gilt~e'rtJS anc~0z, Vice ATTEST: Kathy Strickland, Chief Deputy Clerk MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Directck~UcD FROM: Amy Gnthrie, Historic Preservation Officer RE: 629 W. Smuggler- Final Development and Variances- Public Hearing DATE: May 8, 2002 SUMMARY: This property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures" and contains a 19th century house and shed. The proposal before HPC involves demolishing a 1950's addition to the house, and a garage built around the same time, and feplacing those elements with new construction. Conceptual review was before HPC in 2001. The board denied the application on August 8, 2001, and the applicant appealed to Council based on an ab~s~ ~ffdiscretion. CoUncil overturned the Coramission's decision and essentially approved the Resolution which HPC had denied, Resolution #36, Series of 2001, attached as "Exhibit B." HPC is now asked to grant Final approval, along with var/ances needed for the proposed new garage, a circumstance that was recognized in the Conceptual ~eview process. APPLICANT: Steven St. Clair, represented by David Myler, ofFreilich, Myler, Leimer, and Carlisle and Catchi Martinez, of JBZ Architects. PARCEL ID: 2735-124-09-001 ADDREss: 629 W. Smuggler, Lot A and the west half of Lot B, Block 21, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) CURRENT LAND USE: 4,500 sq. ft. lot containing a single-family residence, garage, and shed. SIGNIFICANT DEVELOPM..ENT (FINAL) The application was originally submitted under the old historic preservation ordinance, which was replaced in March' via Ordinance #1, Series of 2002. Although the usual practice is to complete a review under the code language that was in place when the P178 application was first submitted, the Cky Attorney's ofiice has advised staff to apply the new ordinance because of an important feature which is more permissive to the applicant pertaining ro the effect of conceptual approval. The old code language did not give the applicant any "guarantees" as a result of conceptual approval. All aspects of the design were open for discussion until final was awarded. The new code language stares that conceptual approval "shall be binding upon II_PC 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. If the applicant choo§es to make substantial amendments ro the Conceptual Design after it has been approved, a new Conceptual Development Plan hearing shall be required." This protects the applicant from having HPC revisit the overall design of the addition to the historic house, which is something the board clearly had concerns with when Conceptual was den/ed. Council's intent m overturn/rig the I-IPC's decision was to allow the application to move forward. What Council did not approve in the appeal process, however, were the variances needed by the project. Findings on the criteria for the variances, and a review of compliance with those "City of Aspen Historic Preservation Design Guidelines" which are relevant to Final review are on the table now. Final review is focused on the selection of materials and on the overall details of the proposal. The relevant design guidelines are listed on "Exhibit C" [o this memo. The guidelines for £mal touch on the following topics; landscape design, lighting, proper rrearrnenr of historic materials, appropriate replacement materials on historic s~rucrares, appropriate materials on additions, distinguishing '.'new" and "old" construction, and sensitive location ofmechan/cal eqn/pmenr~vems. With regard to the landscape design, no site plan has been provided to indicate any significant changes are planned. Minor planting has already occurred on the site over the last year. Thd applicant must inform lqPC if any new trees or s~gnificant shrubs are planned m any location which would obscure views from the srree[ ro the historic house. This would be in conflict with the design guidelines. Conditions of approval will be included in the F/PC decision to address the Topics of exterior hghting and mechanical eqn/pmenTvents that may show up on the outside of the structure. These are elements that I-]2PC always reviews to ensure that fixtures which are installed on the historic building are appropriate to the style and fixtures that are on the new construction are differentiated as new (more comemporary m style.) Vents are to be placed in sensitive locations which avoid damage to historic fabric or kistoric character. In terms ofmaterials, the applicant has indicated all along an intent to remove the aluminum siding on the historic house. That is the only alteration proposed for the original building and it is restorative in nature. The drawings show that the house will be re-sided with P179 Hardy Plank, a cementitious board. This, in staff's opinion, will not meet the following design guidelines: 2.1 Preserve original building materials. Do not remove siding that is in good condition or that can be repaired in place. Only remove siding which is deteriorated and must be replaced. Masonry features that define the overall historic character, such as wails, cornices, pediments, steps and foundations, should be preserved. c~ Avoid rebuilding a major portion of an exterior wall that could be repaired. Reconstruction may result in a building which no longer retains its h/storic integrity. 2.5 Repair deteriorated primary building materials by Patching, piecing-in, consolidating or otherwise reinforcing the material. (~ Avoid the removal of damaged materials that can be repaired. rn Isolated areas of damage may be stabilized or fixed, using consolidants. Epoxies and resins may be considered for wood repair and special masonry repair components · also may be used. 2;7 Match the original material in composition, scale and finish when replacing materials on primary surfaces. ri 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, the mount of exposed lap and finish. · c~ Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall 2.8 Do not use synthetic materials as replacements for primary building materials. In some instances, substitute materials may be used for replacing architectural details, but doing so is not encouraged. If it is necessary to use a new material, such as a fiberglass column, the style and detail should precisely match that oft. he historic model. Primary building materials such as wood siding and brick should not be replaced with synthetic materials. rn Synthetic materials include: aluminum, vinyl siding and panelized brick. = EIFS (synthetic stucco) is not an appropriate replacement for real stucco. The first action must be to confirm whether or not the original siding still exists under the aluminum. If it does, it must be restored to the extent possible. Sigrfificantly decayed boards would be replaced in kind: If the original siding is gone or is not salvageable, then the guidelines require that wood siding, wkich is what would have exis[ed historically, be installed. Hardy plank may not have the same characteristics of wood siding, including P180 texture, bevel/shadow line, or weathering characteristics, and has not been allowed on any other historic buildings in town. The materials proposed for the new addition include wood siding, shake shingles in the gable ends, a wood shingle roof, and vinyl windows. The following guidelines should be discussed: 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 sLyles are all techniques that may be considered to help define a change from old to new construction. 10.11 On a new addition, 'use exterior materials that are compatible with the historic materialg of the primary building. ~ The new materials should be either similar or subordinate to the on~naI materials. 11.7 Roof materials should appear similar in scale and texture to those used traditionally. ~- Roofmaterials should have a matte, non-reflective finish. 11.8 Use building materials that contribute to a traditional sense of human scale. c Materials that appear similar in scale mhd finish to those used historically on the site are encouraged. [] Use oftnghly reflective materials is discouraged. During the prewous review process, the idea of using a wider exposure on the clapboards was proposed and seemed to be acceptable. The fascia .detail on the addition, and the window design are different from the historic resource, which helps to set the addition off as new. HPC must determine if this is an adequate distinction. One issue that staffwould like a determination on is the use of vinyl windows. In the past, this has not been allowed because of concerns over the quality of the product. There may be good new products available that the HPC should consider and staffrequesrs that a window comer Ia sample) be provided at the hearing. One other clarification is needed on the proposed material palette. Staff has been provided with a cut sheet that HPC will review at the meeting which shows a solid wood plank door that ~s proposed to be used on the exterior. however, the drawings only indicate paneled doors and full lite doors, which are likely more appropriate to the historic structure. With the resolution of the issues identified above, the only remaining area for HPC discussion is the variances required for the garage. There is an existing one sto~, non- P181 historic garage in the location of the proposed new garage. The doors of the existing garage face 6th Street. This is a condition that is discouraged by a number of reg~2tations that are in place now, however, over the course of the previous meetings, HPC indicated general support for maintaining that orientation, and awarding some variances, because it was felt that having the gable end face 6th Street created a more appropriate west elevation on the site than having the gables facing north and south did. The criteria being used below for the setback variance and FAR bonus are from the new ordinance. They are more specific, although not necessarily more restrictive, than what was found in the old code. The variances needed in order to approve the garage as shown on the attached plans are: a 5 foot rear yard setback variance, a 5 foot west sideyard setback variance, a variance from a "Residential Design Standard" for garages, a height variance of 3 feet 6 inches and a floor area bonus of 275 square feet. Starting with the setback variances, the criteria, per Section 26.415.110.C of the MuncipaI Code are as follo~vs: HPC must make a finding that the setback 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. ' Staff Finding: Staff finds that the setback variances are appropriate because they maintain the current location of the garage, in the comer of the property. This is fairly typical of alley buildings on historic properties and provides the greatest possible distance between this detached structure and the historic house. This standard is met and the setback variances should be granted. The criteria for granting a waiver from the "Residential Design Standards," Section 26.410 of the MuncipaI Code, are: All residential development must comply with the following review standard or receive a variance based on a finding that: A. The proposed design yields greater compliance with the goals of the Aspen area Community Plan (AACP); or, B. The proposed design more effectively addresses the issue or problem a given standard or provision responds to; or, ' P182 C. The proposed design is clearly necessary for reasons of fairness related to unusual site specific constraints. The standard that is in question is: Standard: PARKING, GARAGESAND CARPORTS. The intent of the following parking, garages, and carport standard is to minimize the potential for conflicts between pedestrian and automobile traffic by placing parking, garages, and carports on alleys, or minimize the presence of garages and carports as a lifeless part of the streetscape where alleys do not exist. For ail residential uses, parking, garages, and carports shall be accessed fi.om an alley or private road if one exists. Staff Finding: Staff finds that I-:[PC has previously discussed their opinion on why the gable end, and the garage door, should face the street in th/s instance, since it is replicating an old pattern. The garage door must be redesigned though, ro comply with another "R6sidentiaI Design Standard" that requires the garage door be designed to look like individual stall doors. The change to the appearance of the ddor shall be a condition of approval. Staff finds that this standard is met and the garage door should be allowed to face 6th Street. Staff has noted to the applicant during the Conceptual review, that the FAR tabulation they have-been providing in the plans is incorrect because they have allowed themselves the exemption for garage/storage areas that is only permitted when the garage is entered from the alley. Because they are not entering from the alley, albeit at HPC's urgmg, the pr~ecr is 275 square feet over the allowed FAR. The following standards apply To an FAR bonus~ per Section 26.415.1 I0.E: 1. In selected circumstances the ItPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: 7 a. The design of the project meets all applicable design guidelines; and ("-b:~fhe historic building is the key element of the property and the "-a~fdition is incorporated in a manner that maintains the visual integrity of the historic building and/or P183 c. The work restores the existing portion of the building to its historic appearance; and/or ~hd. ~ The new construction is reflective of the proportional patterns found in the istoric building's form, materials or openings; and/or e. The construction materials are of the highest quality; .and/or ~(f~.~.~_n appropriate transition defines the old and new portions of the and/or building; ~'~. The project retains a historic outbuilding; and/or. h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. Staff Response: Council made the determination that the design review standards applicable to the overall massing and design of the project were met, The HPC's current evaluation is focused on whether those standards related to Final are being addressed sufficiently. Jfthat is found to be the case, then criterion "A" is met. Inappropriate siding is to be removed from the historic house so criterion "C" is met. The applicant is preserving a small historic shed on the site, so criterion "G" is m~t. A large conifer be protected on the site (it's removal would not be allowed by the Parks Department in any case) but no other historic landscape features have been protected, and some, including older lilacs, will likely be removed by this plan, so staff does not find that criterion "H' is met to any great degree. Overall. staff finds that HPC has some obligation to assist with the FAR issue created by the garage because the Board have guided its location. However, 'staff also feels that there are questions as to whether this project meets any of the above criteria "B, D, E, and F,' and that there are some ways in which the bonus could be minimized, including the following: 1) The garage could be a single stall garage, 2) The bedroom over the garage could be moved to a basement under the new addition, or 3) The FAR of the new addition could be otherwise decreased to some degree. Staffbelieves that the second option is important to explore because it has the effect of reducing the FAR by at least 75 square feet, addresses the fact that the garage is over the allowable height limit, an important problem that will be discussed below, and also reduces the oYerall bulk being added on this property. The project as proposed does not include any basement at ali. While that may be seen as a positive with regard to the historic house [where lifting the building can sometimes have negative impacts), it is a missed opportunity on the new addition and means that the entire program is being placed above grade, maximizing impacts on the historic resource. The options available P184 properly handle the amount of square footage desired on the site must be explored before any bonus square footage is awarded. The final variance needed for the garage is a height variance. Accessory structures located on the rear 1/3 of a lot in this zone district are limited in height to 12 feet, in this case measured to a point one third of the way between the spring point and the ridge. The proposed structure is i5' 6" tall at this location, therefore it is 3'6" over the height limit. HPC only has the ability to grant variances to height based on a finding of hardship. According to Section 26.314.040, in order to authorize a variance from the dimensional reqmremems of Title 26. the HPC must make a finding that the following three (3) circumstances exist: L The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; Staff Finding: The AACP does nor specifically address this issue. The Land Use Code does support the concept of detached residential structure located along alleys. Staff finds that this standard is met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: There are ways to reduce the height of the garage and still accommodate the desired living space on the site. Staff finds that this standard is.not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Finding: The property is designated historic and is therefore subject [o design review criteria that apply to many, but not every property in this zone district. The height would not be an issue if the garage was physically connected to the main house, because then it would all be considered the "primary sumcmre," however FI-PC has previously found that [o be inappropriate from a massing perspective. While this creates design challenges, staff does not believe that it amounts to a hardship or practical difficulty. Staffrecommends a restudy of the design of the garage ;o bring its height into compliance either by lowering the plate if possible, or moving the bedroom to a basement location. ? 185 b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district: and Staff Finding: The applicant has other opnons to comply with the requirements, therefore this variance would confer a special priveledge. Staff finds that this standard is not met. RECOMMENDATION: Staff recommends that the application for Final Review at 629 W. Smuggler Street be continued to a date certain to answer the following questions: 1~ Does palette on new provide an adequate the material the construction distinction between new and old construction? 2. After reviewing a sample of the proposed vinyl windows, do they meet the design gt/idelines? 3. Where is the solid wood plank door ro be used and does it meet the design guidelines? 4. Are there ways in which the FAR bonus could be minimized, including the following: 1) By ~ the o, gara~ S'~ --'.~- :~- 2) By moving the bedroom over the garage to a basemem under the new addition, or 3) By otherwise decreasing the FAR of the new addition to some degree. 5. Can the garage be restudied to bring its heig~ht into compliance with the limit by either by lowering the plate, or moving the bedroom to a basement location? The following could be made conditions of approval: 1. Inform HPC if any new trees or significant shrubs are planned in any location which would obscure views from the street to the historic house. 2. Confirm whether or not the original siding still exists under the aluminum. If it does, it must be restored to the extent possible. If the original siding is gone or is not salvageable, then the guidelines require that wood siding, which is what would have existed historically, be installed. 3.The setback variances needed for the garage meet the rewew criteria. 4. The "Residential Design Standard" variance needed for the garage meets the review cmeria. 5. The garage door must be made to look like two doors, per the Residential Design Standards. 6. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available. 7. Submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house are to be removed as parr of the renovation. P186 8. Submit a preservation plan, as part of the building permit plan set, indicating what materials on the exterior of the house are h/stor/c, and how those materials, wi'rich are to be retained, will be restored. The requirement is to retain/repair ail original materials and replicate only those that are determined by lq_PC staff and monitor to be beyond salvage. 9. No elements are to be added to the historic house that did not previously exist. No existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor. I0. HPC staff and monitor must approve the type and location of all exterior lighting fixtures. 11. There shall be no deviations from the exterior elevatinns as approved without first being reviewed and approved by HPC staff and monitor. 12. The preservation plan described above, as well as the conditions of approval ~vill be required to be printed on the cover sheet of the building permit plan set and ail other prints made for the purpose of construction. 13. The applicant shall be required to provide the contractor with copies of the I-IPC resolution applicable to this project. The contractor must submit a letter addressed to Fi]PC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet w/th the Historic Preservation Officer prior to applying for the building perrmt. 14. The General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit. RECOMMENDED MOTION: "I move to continue the public hearing on 629 W. Smuggler Street, Final review and Variances, to a date certain." Exhibits: A. Staff memo dated May 8, 2002 B. I-~C Resolution #36, 2002, which has been approved by City Council. C. Relevant Design Guidelines D. Apphcation P187 "Exhibit C, Relevant Design Guidelines for Final Review" 1.10 Preserve historic elements of the yard to provide an appropriate context for historic structures. o The front yard should be maintained in a traditional manner, with planting material and sod, and not covered with paving, for example. 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 parr 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. 1.12 Preserve and maintain historically significant planting designs. ¢ Retaining historic planting beds. landscape features and walkways is encouraged. 1.13 Revisions or additions to the landscape should be consistent with the historic context of the site. [] Select plant and tree material according to its mature size, to allow for the long-term impact of mature growth. [] Reserve the use of exotic plants to small areas for accent. ~ Do not cover grassy areas with gravel, rock or paving materials. 1.14 Additions to the landscape that could interfere with historic structures are inappropriate. n Do not plant climbing ivy or trees too close to a building. New trees should be no closer than the mature canopy size. [] Do not locate plants or trees in locations that wiI1 obscure significant architectural features or block views to the building. rn It is not appropriate to plant a hedge row that will block views into the yard. Site Lighting 1.15 Minimize the visual impacts of site lighting. = Site lighting should be shielded to avoid glare onto adjacent properties. Focus lighting on walks and entries, rather than up into trees and onto facade planes. 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. []Only remove siding which is deteriorated and must be replaced.' [] Masom'y 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. Reconstruction may result in a building which no longer retains its historic integrity. P188 2.2 Protect wood features from deterioration. [] Provide proper drainage and ventilation to minimize rot. ~ Maintain protective coatings to retard drying and ultraviolet damage. 2.3 Plan repainting carefully. ~ Always prepare a good subs~rate. Prior to painting, remove damaged or deteriorated paint only to the next intact layer, using the gentlest means possible. rn Use compatible paints. Some latex paints will not bond well to earlier oil-based paints without a primer coat. 2.4 Brick or stone that was not painted historically should not be painted. [] Masonry naturally has a water-protective layer, or patina, ,o protect it fi-om the elements. Repair of Materials 2.5 Repair deteriorated primary building materials by patching, piecing-in, consolidating or otherwise reinforcing the material -n Avoid the removal of damaged materials that can be repaired. [] Isolated areas of damage may be stabilized or fixed, using consolidants, Epoxies and resins may be considered for wood repair and special masonry repair components also may be used. Replacement Materials 2.7 Match the original material in composition, scale and finish when replacing materials on primary surfaces. [] If the or/gmal material is wood dlapboard, for example, then th~ replacement material must be wood as well. It should match the original in size, the amount of exposed lap and fizzish. [] Replace only the amount required. If a few boards are damaged beyond repair, then only those should be replaced, not the entire wall. 2.8 Do not use synthetic materials as replacements for primary building materials. In some instances, substitute materials may be used for replacing arch/tectural details, but doing so is not encouraged. If it ~s necessary m use a new material, such as a fiberglass column, the style and detail should precisely match that of the historic model. [] Primary building materials such as wood siding and brick should not be replaced with synthetic materials. [] Synthetic materials include: aluminum, vinyl siding and panelized brick. [] E~FS (synthetic stucco) is not an appropriate replacement for real stucco. 3.4 Match a replacement window to the original in its design. P189 rn If the ori~nal is double-hung, then the replacement window should also be double- hung, or at a minimum, appear to be so. Match the replacement also in the number and position of glass panes. a Matching the original design is particularly important on key character-defining facades. 3.7 Match, as closely as possible, the profile of the sash a~nd its components to that of the original window. n A historic window ofien has a complex profile. Within the window's casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. Treatment of Architectural Features 6.1 Preserve significant architectural features. r3 Repair only those features that are deteriorated. ~ Patch, piece-in, splice, consolidate or other~vise upgrade the existing material, using recognized preservation methods whenever possible. -' rn · Isolated areas of damage may be stabilized or fixed, using consolidants. Epoxies and resins may be considered for wood repair and special masonry repair components also may be used. [] Removing a damaged feature when it can be repaired is inappropriate. 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. n 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, which traditionally was a smooth painted finish. 6.4 Repair or replacement of missing or deteriorated features should be based on original designs. rn 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 ori~naI, and maintains similar scale, proportion and material. P190 6.5 Do nol guess at "historic" designs for replacement parts. Where "scars" on the exterior suggest that arckitectural 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 overly ornate materials on a building for wkich there is no documentation is haappropriate. [] It is acceptable to use salvaged materials fi.om other buildings only if they are similar ha style and detailing to other features on the building where they are to be installed. 6.6 Replacement of missing elements may be included in repair activities. [] Replace only those portions that are beyond repair. [] Replacement elements should be based on documented evidence. [] Use the same kind of material as the original when feasible. A substitute material may be acceptable if the form and design of the substitute itself conveys the visual appearange of the original material. For example, a fiberglass cornice may be considered at the top ora building. New Additions 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, w~Ie also remaining visually compatible with these earlier features. rn A change in setbacks of the addition fi.om the historic building, a subtle change in material or a differentiation between historic, and more currem styles are all techniques that may be considered to help define a change from old to new construction. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. [] The new materials should be either similar or subordinate to the original mater/als. 11.7 Roof materials should appear similar in scale and texture to those used traditionally. c~ Roof materials should have a matte, non-reflective finish. Materials 11.8 Use building materials that contribute to a traditional sense of human scale. c~ Materials that appear similar in scale and finish to those used historically on the site are encouraged. [] Use of highly reflective materials is discouraged. 11.10 The imitation of older historic sty. les is discouraged. [] This blurs the distinction between old and new buildings. P191 ca Highly complex and ornately detailed revival styles that were not a part of. Aspen's history are especially discouraged on historic sites, 14.3 Keep color schemes simple. (Advisory) rn Using one base color for the building is preferred. ca Using only one or two accent colors is also encouraged, except where precedent exists for using more than two colors with some architectural styles. 14.4 Coordinating the entire building in one color scheme is usually more successful than working with a variety of palettes. (Advisory) o Using the color scheme to establish a sense of overalI composition for the building is strongly encouraged, 14.5 Develop a color scheme for the entire building front that coordinates all the facade elements. (Advisory) [] Choose a base color that will link the entire building face tokether. For a commercial building, it can tie signs, ~ornamentation, awnings and entrances together. On residences; it can function similarly. It can also help your builcFmg relate better to others in the district. n The complexity of the accent colors should be appropriate to the architectural style of the building. :2 Doors may be painted a bright accent color, or they may be left a natural wood finish. Historically, many of the doors would have simply had a stain applied. [] Window sashes are also an excellent opportunity for accent color. n Brilliant luminescent or "day-glo" colors are not appropriate. Lighting 14.6 Exterior lights should be simple in character and similar in color and intensity to that used traditionally. ~2 The design of a fixture should be ,simple in form and detail. Exterior lighting must be approved by the HPC. ~All exterior light sources should have a low level of luminescence. 14.7 Minimize the visual impacts of site and architectural lighting. Unshielded, high intensity light sources and those which direct light upward will not be permitted. Shield lighting associated with service areas, parking lots and parking structures. ca Timers or activity switches may be required to prevent unnecessary sources of light by controlling the length of time that exterior lights are in use late at night. Do not,wash an entire building facade in light. Avoid placing exposed light fixtures in highly visible locations, such as on the upper wails of buildings. ca Avoid duplicating fixtures. For example, do not use two fixtures that light the same area. P192 14.8 Minimize the visual impact of light spill from a building. ~ Prevent glare onto adjacent properties by using shielded and focused light sources that direct light onto the ground. The use of downlights, with the bulb fully enclosed within the shade, or step lights which direct light only on to walkways, is strongly encouraged.. c~ Lighting shall be carefully located so as not to shine into residential li,Ang space, on or off the property or into public fights-of-way. On-going Maintenance of ttistoric Properties 14.9 Use the gentlest means possible to clean the surface of materials and features. Perform a test patch (in an inconspicuous place) to make sure the cleaning method will not damage the surface. Many procedures can have an unanticipated negative effect upon building materials and result in accelerated deterioration or a loss of character. Harsh cleaning methods, such as sandblasting, can damage the h/storic materials, make them vulnerable to moisture, accelerate deterioration and change their appearance. Such procedures fire inappropriate. rn If cleaning is necessary, a low pressure water wash is preferred. Chemical cleaning may be considered ifa test patch is first conducted to determine safety. rn Also see technical rehabilitation literature published by the National Park Service and available through the Aspen Community Development Department. 14.10 Repair deteriorated primary building materials by patching, piecing- in, consolidating or otherwise reinforcing the material. c~ Avoid the removal of damaged materials that can be repaired. c~ Isolated areas of damage may be stabilized or fixed, using consolidants. Epoxies and resins may be considered for wood repair and spec/al masonry ~:epmr componems also may be used. 14.11 Plan repainting carefully. Note that frequent repainting of trim materials may cause a buildup of paint layers that obscures architectural details. When this occurs, consider' stripping paint layers to retrieve details. However, if stripping is necessary, use the gentlest means possible, being careful not to damage architectural details and finishes. m Remember good preparation is key to successful repalnting but also the buildup of old paint is an important historic record of the building. The removal of old paint, by the gentlest means possible, should be undertaken only if necessary ro the success of the repainting. Remember that old paint is of very good quality and is enviable in today's painting world. Old paint may contain lead. Precautions should be taken when sanding or scrapxng is necessary. 14.12 Provide a weather-protective finish to wood surfaces. rn The rustic bare-wood look is nor a parr of the heritage of the h/storic districts or i;ndividual landmark properties. P193 ~ P~mted surfaces are most appropriate. Stains may be accepted in combination with materials that give a well-finished appearance. Use water seal ro preserve the porch deck. = Rustic finishes will not be approved. 14.13 Leave natural masonry colors unpainted where feasible. Where the natural colors of building materials exist, such as with stone or brick, they should be Ieft unpainted. For other pans of the building that require painting, select colors that will complement those of the natural materials. ~ If an existing building is already painted, consider applying new colors that simulate the original brick color. ~ It is also appropriate ro strip the paint from a masonry, building ro expose the natural color of the stone or brick. 14.16 Locate standpipes, meters and other service equipment such that they will not damage historic facade materials. ~ Cutting channels into historic facade materials damages the historic building fabric and is inappropriate. Do not locate eqmpment on the front facade. ~ If a channel must be cut. either locate it on a secondary facade, or place it Iow on the wall. P194 -.4o < _ P195 j P196 P197 ...... l' 0 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, P198 MAY 8, 2002 Michael relayed that the site itself works extremely well. Paul and Teresa relayed that the process on this house worked very smoothly. Jeffrey said that the applicant came in with an unassuming addition to the historic resoin:ce and the board appreciates the effort put forth by the owner. Gilbert said with the recommendations made by staff this project will be exemplary. MOTION: ,leffrey moved to approve Resolution #] 7. 2002, grantingfinal approval and conditions for 323 rE Hallam Street, Lots D & E. Block 43, City and Townsite of Aspen. Colorado: second by Michael. Motion carried 5-0. 7es yore: Michael, Paul, Teresa, ~/effrey, Gilbert Rally recused himself on the yore. 629 W. SMUGGLER - FINAL REVIEW & VARIANCES -Pt{ Michael recused himself. Amy informed the board that city council approved conceptual and the only condition was that the applicant needed to deal with the variances with regard to the garage at their final review. The City Attorney advised staff that the review should be conducted under the terms of the new ordinance which says that final is only about materials and by approving conceptual we are tied and commhtted to the shape and mass and form of the addition. The new ordinance is more permissive to applicants and when adopted we need ro allow applicants to take advantage of it. Steven St. Clair t~resented a materials book to staff and the HPC for review. Amy informed the board the following: 1. The applicant intends to remove the aluminum siding on the historic house and the representation is ro replace ir with hardy plank. If the original siding is underneath every effort needs to be made to restore it. If it is to be replace it should be replaced with/n-kind. The HPC P199 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, NIA¥ 8. 2002 needs to decide whether hardy plank is an in-kind replacement or cedar beveled siding. 2. Is there enough c f a distinction between the new and old construction. We did ar conceptual discuss having a wider exposure o£the siding on the addition than,is going ro be on the historic house and everyone seemed ro be corf~ortable with that We need to determine that the overall detailing is sufficiently different. 3. There is a proposal ro use vinyl windows in the new consn-uction and typically we see either wood windows which we absolutely require on the historic house or clad which is often used on the addition. We need to discuss whether vinyl is an appropriate material. 4. The bigger issues that need dealt with are variances that related to the construction of the garage along the alley. The board had discussions about wanting to maintain a garage on the alley in the same side street orientation that exists now. The board determined that the garage should be free standing from the original house. Variances required: HPC has the ability to grant setback variances purely for the reason that ir is the most compatible arrangement with the .~.- historic house. It maintains an exi. sring condition that sta£f feels that is appropriate to grant The second is the residential design standard that exists which disco~rages having garages face the street when they could face an alley. Amy relayed that it is appropriate on this case because ir maintains an existing condition. It is typical on historic houses to have a garage right on the rear property line along the alley. The third is a FAR bonus that is needed because usually when you have a garage it is exempted from floor area calculations but not if it doesn't come off the alley when you could do that. The FAR bonus standards must apply. The first standard says the project must meet all applicable design guidelines. Regarding criteria A, because council granted conceptual we need to feel that all o£ the criteria related to the basic mass and bulking are met and it is up to the HPC to deterrrgne if the thnat details are met through our discussions tonight. Criterion C has been met due to the restoration work that is being done on the historic house. Cr/terion G has been met because there is another historic outbuilding on the site that will be preserved as a small shed. ?200 ASPEN HISTORIC PRESERVATION COMMISSION MINIJTES OF. MAY 8, 2002 Before granting an FAR bonus the HPC needs to determine and evaluate whether it is the minimum variance required to achieve a good project.. 1. Make the garage smaller. 2. Look into the idea of taking advantage of below grade space. There ~s also a height variance needed. HPC is reviewing this yanance in lieu of the Board of Adjustment. The garage building is 3'6" over the height limit for an accessory building. Overall th/s is not a variance that couldn't be avoided. There is nothing special about this sire or some unique feature about this site. The plate height could also be lowered. Steven St. Clair was sworn m. Dave Myler, attorney Dave Myler said they will remove the alum/hum siding and preserve what is there if they can. The ~ssues ro be discussed are the hardy plank siding that has durability and lasts longer than wood. The other issues are v/ny] windows and the garage door design. Amy said the design standards say for all residential buildings they need to look like single stall doors. Steven St. Clair said they will change the design to show a division m the center. Dave Myler said the width of the boards and the different fascia treatments, generally they feel that is a design issue that has been resolved. Two basic variance issues are ar play here, one is the floor area itself and the other is height. Material discussion: Dave Myler said if the board has strong feelings about not using the hardy plank they are prepared to use the cedar. Steven St. Clair said the ourbuilding is on the survey but not on the architectural drawings but will remain on the sire. Sreven clariSed that the doors will be P201 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF: MAY 8, 2002 exactly as drawn. Amy clarified that there are concerns about some o£ the newer materials have deterioration issues. Steven said he can get the specks on the windows and they are of a higher grade. Gilbert polled the board and they have no issues with the setback. Dave Myler said he is looking at the FAR a little differently and not as a typical request for an FAR bonus. If the garage doors face the alley they do not need the bonus. The height limitation in the code does pose a practical difficulty and our desire to minimize the floor area in the addition to the principle stracmre. Allowing a variance on the garage is consistent with previous actions that have been taken by the HPC (examples were hung up). The applicants believe that the 3 ~/2 foot height variance in this case is the minimum variance that would rnake possible the reasonable use of the structure. We believe that sub-grade living space is not reasonable. It is not desirable space and expensive for the applicant. Putting the apartment · above the garage was at HPC's request. Frankly, reducing the size of the garage or using below grade for the apartment does not work for the applicant. - Dave pointed out that the principle structure is about 18 feet and the garage is 15 feet. The principle struct~rre is below the maximum allowed height on the site. Vice-chair, Gilbert Sanchez opened and closed the public hearing. Commissioner comments: Jeffrey said the garage element i~ taller than what we like ro see on the property. Allowing the site variance should in fact make the connection smaller, that is why we have the ability to give that type of variance. The plate height in the garage maizes that two-story element just overwhelming for that elevation. The west elevation is troubling. It is difficult for the non-educated to understand where the new and old construction begins and a material change and dimensions could differentiate and make that P202 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF. MAY 8, 2002 inflection successful Jeffrey said he had no problem with the hardy plank and vinyl windows based on the applicant's presentation today. Regarding the FAR bonus, it would not be needed if they rotate the garage toward the alley. Rally said regarding the vinyl windows, we would need to see a sample. Rally does not support the hardy plank. One of the elements of old buildings is seeing the wood grain of siding and that would be missing if you did the house in hardy plank. It would make the house "too cusp" looking. Regarding the FAR bonus, b,d and f, are nor complied with The building materials do nor properly del/ne the old from the new. The shake shingle siding in the gable ends further adds to the complexity of being able to distinguish old from new. The garage height is too tall and shows visual competition between the historic house and the garage. Rally supports the orientation of the garage. The trim profiles of the windows seem sim/lar if not identical to the historic windows and they should be restudied. Teresa dittoed the vinyl windows. She would support wood siding on the historic house because ir adds so much to the historical veracity of it, rather than trying ir make it into a reproduction. The. g.~age facing 6~h street is acceptable but the height of the garage competes too much with the house and because it is a secondary building there should be a g-rearer differentiation in the height. Paul said he could acc6pr the vinyl window if it was brought in to mate sure the profiles and widths are suitable to the szze that a wooden window would be. Paul had no problem w/th the hardy plank. Gilbert said the hardy plank on the historic building does not comply with the guidelines. The guidelines are very clear about that topic. In order for additional FAR to be granted all of the guidelines should be satisfied, especially on the historic house. Hardy plank on the addition is acceptable. The treatment of the gables that Rally mentioned does confuse the style of architecture. It would be better without the shingles. If that happens there would be enough distinctions between old and new. The vinyl windows in P203 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, MAY 8, 2002 the addition are OK as long as they are a satisfactory quality. The garage door should tike two garage doors and comply with the guidelines. The FAR could be granted if it met the requirements for additional FAR. The height issues a difficult one. Gilbert said he appreciated the comments from the applicant as to why the variance should be granted. The requirements that we have to j~zdge this by, he agrees with Amy's analysis and tl~ere are two/rems that do nor meet the ~riteria. Ali of the disc~ssions that we had before and during Conceptual related ro the bulk and volume of the addition. We were always concerned about mimrmzing that bulk and volume of the addition. It might not be desirable ro locate space m a basement or sub-grade space, in fact it is nor unreasonable and that is the cnter/a that is stated (reasonable use). There are plenty of examples ali over Aspen where lower grade space zs used. He could not grant the height Variance. Steven St. Clair, owner said they did a one-story cormector and the HPC requested that they go back and redesign the living space above the garage as long as ir was nor connected ro the house. At conceptual mass and form were approved, height and shape. Mass and shape, according ro what we looked into, ar final, are nor up for debate. David Myler, said in terms of the criteria for the FAR bonus we disagree that b,d and fhave not been satisfied. We feel they were satisfied by wrme of the conceptual approval because they all relate to design issues. The s/dinE size, differentiation and attempt ro distinguish between the old and new was a design issues that we feel was approved ar conceptual and binding. The detail in the eave of the garage is another design ~ssues that were approved ar concepmaI. We disagree with staff's analysis as ro the lack of any hardship or practica] difficulty that are associated with this project. The practical difficulties are pretty obvious in this case and are incurred almost exclusively m our attempt to satisfy what we feel are very significant historic preservation issues in terms of minimizing the size of the addition to the principle structure. 7 P204 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF. MAY 8~ 2002 $reven St Clair said when we were asked to detach the portion of the house and raise the garage back up; obviously we would have never done that if we thought we were going to be here today talking about a variance. We wouldn't have raised it so we could come back to ali of you so you could deny it. Rally said he understood that form and mass were concepmallyapproved and should we be talking about the height of the garage? Amy stated yes because the council's approval specihcally did not include any kind of variances or means by which the project was exceeding the dimensionai requirements. That height of the garage is not contained in council's conceptual approyal. Gilbert said in fact if the form were only 3.6" lower it would comply and we would not be here dj ;cussion this topic. David Myler concurred that the variance was nor in front of council. Conceptual approYal complies that the structural was acceptable to them from a form and mass standpoint but it didn't consnmte a variance and that is why we are here today. We find ourselves in a strange situation that we don't need a FAR bonus if we mrn the garage~ hut we don'_r want to do that but we are prepared to do so, You have the authority and discretion to apply some degree of common sense and decide if there xs a dose issue on the bonus criteria but you really want to see the garage doors open on Sixth Ave. you have the discretion to say the FAR is ok and move onto the height. Regarding the height there are different issues involved. We feel there are practical difficulties that are not the fault of the applicant that are incurred by strict application of these roles to our attempt ro do a better job addressing historic preservation ~ssues on the main structure, and that constitutes a hardship. MOTION: Rally moved that the application .For review at 629 ~ Smuggler be continued ro a date certain and answer the following questions ]-5 on the memo presented in the packet, second by Teresa. Discussion: P205 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, MAY 8, 2002 Jeffrey felt that some of the issues could be handled b.y staff and monitor. Issues #2 and #3 were eliminated. Amy said #1 addressed the gable end. Gilbert said it also addresses the siding issue. Steven St. Clair said he could accept wood siding. He wants to work through this and be done. David Myler said they object restudying the gable ends because ir is not a material issL~e it is a design issue, which we think has been resolved. We are not going to agree to any of the items in 4 and 5. Amy asked the applicant if the board grants final approval with all of the normal conditions but wouldn't grant the variance that your intennon is ro redesign and break down tl~e height of the garage and eliminate the need for those variances? Steven St. Clair said no. They do not want a motion that would not include the height variance. Rally withdrew his motion and Teresa withdrew her second. MOTION: Rally moved to recommend that resolution #J S, _£or final application for 629 ~. Smuggler be granted with the following conditions of approval, J -14 in the memo presented in the Facket; second by Teresa. Motion denied 4-0. ?a~d abstained from voting. }'es vote: No vote: Teresa, Rally, Jeffrey, Gilbert A motion will be made to identify which of the review standards were nor met and why. Amy said the findings could be focused around the five q~.~estions. Three of those the board found that were not met 1,4,5. ~¥OTZON: Rally moved to make a motion to establish the firzdings by the board regarding 629 FF. Sm,tggler: 9 P206 ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, MAY 8, 2002 Guideline ]0.4 The submitted jvroposal does not satisfy the guidelines in terms of lvroviding proper distinction between old and new. ]. The hardy fllank on the historic building does not meet the gzddelines. 2. There is some question about the qztality of the vinyl windows. 3. There is also concern about the architectural treatment of the gable ends, specifically the finished materials. 4. Trim around the windows. The guidelines for the FAR bonus are not met for a lot of reasons discussed above concerning the material palate. The FAR bonus could be minimized by moving the bedroom over the garage to a basement under the ne,v addition, or by otherwise decreasing the FAR of the new addition to some degree. Regarding the FAR bonus all review standards must be met. The proposed ~ubmittal does not satisfy the height variance because it does not satisfy all three of the criteria in section 26.3]4.040. Motion second by Teresa. Motion carried 4-0. ~Zes yore: No yore: Teresa. Rally, JeJfrey, Gilbert 320 W. MAIN STREET - HISTORIC LANDMARK LOT SPLIT - PH & VARIA_N CE-S Suzarmah Reid and Michael Hoffman were seated at 6:45 p.m. Amy relayed that the property is in the office zone district. Ir/the office zone distr/ct the FAR is different depending on whether you have a house or a commercial property. This particular lot is 9,000 square feet. There are two large historic buildings on the lot that are associated with each other and we haven't had an example before where that kind of property was m for a lot split. The property is considered mixed use because there is aresidence, apartment, and an office in the building. The entire property is calculated as commercial FAR which is .75 To one. The property is allowed 6,750 square feet today but the HPC would have To approve anything that is being built. The lot split would be divided equally in half with one remaining a residence and the other building mixed use. There are FAR issues due to the residential/mixed use which could be resolved one of two ways, either l0 MEMORANDUM TO: Mayor IClanderud and Aspen City Council THRU: Joyce Ohlson, Deputy Director~ Cktis Bendon, Long Range Planner FROM: Katie Ertmer. Long Range Planning Imem RE: House Bill 0152-1006 Concerning the Mandatory Adoption of Local Government Master Plans - Action Item DATE: August 12, 2002 SUMMARY: In the Second Extraordinary Session of 2001, the Colorado General Assembly passed HB 0152-1006, requiring co-train municipalities and counties to adopt master plans, also known as comprehensiv~ plans, for the development of their communities. The bill specifically requires any murdcipality within Pitkin County to adopt a master plan, and that the master plan "shall contain a recreational and tourism uses element." The City of Aspen adopted the 2000 Aspen Area Community Plan (AACP) on January 25, 2000 via the Planning and Zoning Resolution No. 2000-03 and the City Council Resolution No. 12, Series of 2000 on February 28, 2000. The AACP specifically addresses recreation and tourism concerns in Addendum A, the Action Plan section. The State does not require the development o£a new plan if existing plans address the required elements. The state requires these elements, but does nor reqmre any operational elements. Therefore, the proposed resolution does nor reference recreational and tourist programs, land acquisition, capital improvements, or marketing efforts of the City. Staff recommends City Council find the Aspen Area Community Plan meets the requirements outlined in HB 0152-1006 and declare that is in compliance as outlined in Resolution No.... , Series of 2002. REVIEW PROCEDURE: Adoption of Resolution stating compliance with Iar~3 0152-1006, concerning the adoption of master plans STAFF COMMENTS: The Colorado Leg/slature passed House Bill 0152-1006 on Novcnnber 6, 2001. Th.is bill specifically requires certain counties to adopt master plans. Section 1, 30-28-106 (4) part (Il) (b) specifically mentions that Pitkin County "Shall adopt a master plan w/thin two years after the effective date of this subsection (4)." Section 2, 31-23-206 Master Plan (4) (a) requires that "Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a County that is P209 subject to the requirements of section 30-28-106 (4), shall adopt a master plan within two years after the effective date of this subsection (4)" Section 2, 30-23-106 (5) states that master plans "Shall contain a recreational and tourism uses element pursuant to which the Municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the Municipality and visitors to the Municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses? The City of Aspen has had different versions of a master plan in place since 1976. The most recent version is the 2000 Aspen Area Community Plan (AACP). The goals of the AACP address growth, affordable housing, transportation, economic sustainability, open space and the environment, and community character. Addendum A, the Action Plan section of the AACP, specifically addresses plans to enhance recreation and tourism elements within the City of Aspen. The specific language is outlined in the proposed resolution. Staff believes that the City of Aspen has been in compliance with HB 01S2-1006, since it was passed in 2001. The most recent version of the master plan, the 2000 Aspen Area Community Plan, was adopted by the Aspen Planning and Zoning Commission's Resolution No. 2002-03 on January 25, 2000 and by City Council Resolution No. 12, Series 2000 on February 28, 2000. RECOMMENDATION: Staff recommends City Council determine that the City of Aspen is in compliance with HB 0I S2-1006 concerning the adoption of Master plans. CITY MANAGER CO1VI2vlENTS: RECOMMENDED MOTION: "I move to approve Resolution No. 75~, Series of 2002, declaring the City of Aspen to be in compliance with the requirements of HB 01S2-1006 requiring a recreation and tourism uses element in its master plan.' ATTACttMENTS: Exhibit A -- House Bill 01S2-1006 2 P210 RESOLUTION NO. ~ (SERIES OF 2002) ~ A RESOLUTION OF THE ASPEN CITY COUNCIL DECLARING A STATEMENT OF COMPLIANCE WITH HB 01S2-1006, CONCERNING THE MANDATORY ADOPTION OF LOCAL GOVERNMENT MASTER PLANS. WHEREAS, in the Second Extraordinary Session of 2001, the Colorado General Assembly passed HB 0IS2-I006, requinng certain municipalities and counties to adopt master plans, also known as comprehensive plans, for the development of the/r communities; and WHEREAS, HB 01 S2-1006 also requires that each such plan contain a "recreational and tourism element," pursuant to which the municipality "shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality t~ough delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, ra~ng, fishing, boating, hunting, and shooting, or any other form of sports or other recrdational activity, as applicable, and commercial facilities supporting such uses;" and, WHEREAS, the City of Aspen adopted a comprehensive plan, entitled Aspen Area Community Plan on January 25, 2000; and, WHEREAS, Asp en's plan addresses the recreation and tourism requircxment of HB 01 S2-1006 in th= following manner; The Aspen Area Community Plan addresses the elements of recreation and tourism in the following sections of Addendum A of the Aspen Area Community Plan, entitled Action Plan: n 11. Downtown Enhanced Pedestrian Plan (DEPP) Following the completion of the Down-town Enhanced Pedestrian Plan (DEPP) Pilot Project, work with area business owners to complete the full implementation of the project. r- 15. Work to Preserve Open Space Study opporturfities to preserve parcels or portions of parcels identified in the "Greenfrastructure Plan" to be undertaken by the Parks Department for future parks and open space. Acquire properties along river corridors, including the Roaring Fork River, and Maroon and Castle Creeks. Where needed, acquire properties to establish and enhance "greenfrastmcture" and pedestrian access, including acquiring easements along river corridors. :~ 35. Aspen in-town transit service Develop and implement a plan for ~mprovmg in-town transit service and reversing recent declines in in-town rider ship. The plan should consider a variety of service improvements and take into account traveler demand and net public cost per rider. Among the service improvements that might be considered include: · Relocating or adding bus stops where necessary. Resolution of 2002 Page 1 P211 · Providing bus stop shelters and other amenities. · Procuring new and better vehicles. · Rurming the Hunter Creek bus service in both directions. · Establishing an East End fixed-route service. Extending the operating hours of the Galena Street Shuttle to serve evening and nighttime travel destinations more effectively. · Increasing the frequency and reliability of bus service to the Music Tent. · Providing bus service to the Red Brick Arts Center and other places in the West End. · Providing increased transit service to sporting, cultural and other special events. · Providing or encouraging the private sector to provide vanpool, dial-a-ride, or other forms of transit service to upper Red Mountain neighborhoods. 39. Transportation Data Improve the ability of elected officials, staff and citizens fo understand transportation problems and the effectiveness of solutions by collecting better data on local travel patterns. For example, establish new and permanent traffic count locations and conduct periodic scientific surveys oftraveI pattmms. 40. GIS Inventory of Sidewalks, Trails and Bike Routes Create a GtS-based inventory of existing and proposed bikeways, b/ke storage facilities, existing and proposed sidewalks, and other walkways and trails in the Aspen metro area. The inventory can be used to develop a brochure/bicycle map of the Aspen area that includes information on the Iocation of bicycle/transit interface points, bike shops, bicycle parking, pavement types, etc. [] 42. Preserve the Rio Grande Right of Way Preserve the Rio Grande Railroad right-of-way as a transit and a pedestrian corridor within the City of Aspen. [] 43. Consider Other Innovative Transportation Modes Continue to study the idea of cormecting skier facilities, residential areas, etc. via gondolas, funiculars, aerial tramways and other non-automobile means. [] 46. Greenfrastructure Plan Develop a Comprehensive Map and Inventory of ali existing public property, trail easements, and fishing easements including land trust properties and conservation easement holdings. If possible, the map or maps should include areas of Aspen, Pitkin County, Snowmass Village and (to the extent possible) down valley areas. The map, preferably done on a GIS system, should be updated every 2-3 years. A comprehensive database should be developed, keeping track of all conservation easements and open space parcels, the beneficiaries of these, the date of purchase and intent of the acquisition, any development stipulations, etc. These should be linked to the GIS map. [] 47. Sixth Penny Ordinance Study the impacts of revising the Sixth Penny Ordinance that prov/des funding for City Parks, Trails and Open Space, to make it consistent with Pitkin County Open Space Resolution of 2002 Page 2 P212 lan~o~aage. That language requires replacement of any converted park, open space or trail interest with a comparable parcel of land. n 48. Wagner and Iselin Parks Master Plans Complete the Master Plans for Wagner Park and Iselin Park. Look at ways to continue active use of the parks in development of the plan. 49. Increase Revenues to Support Recreational Operations Study opportunities to increase revenues to support recreational operations including increased user fees and other sources. 50. Promote Volunteer Involvement in Parks Maintenance Organize "Volunteer Days" for parks and open space preservation and maintenance projects. 56. Affordable Housing and Parks Partnerships: · Ensure that parks and open space are available or are provided near development of affordable housing, especially in areas of increased densities. · When up-zoning for Affordable Housing, consider the pros and cons of deed restricting those portions of the property that are to be preserved as open space. Upon completion ora Master Plan for these individual sites which will identify where open space should be preserved, deed restrictions should be placed on the property to ensure these open spaces will be sterilized from future development, including ster/lization from additional affordable housing. [] 62. Quality of Transit Service in the Region Improve transit service in the Roaring Fork Valley by increasing the speed, frequency, reliability and attractiveness of transit service between and within valley communities. [] 63. Visitor Use of Transit Work with RFTA to increase visitor use of transit service, including service to and from Glenwood Springs and other communities in the valley. [] 64. Transit Passenger Safety and Experience Work with RFTA to improve passenger safety and experience through the following kinds of efforts: · Procure transit vehicles that maximize the comfort of riders in order to encourage high rates of use. For example, transit vehicles should have ample leg and shoulder room and adequate reading lig_hts. Also, use of quieter and alternative-propulsion vehicles should become standard. · Develop guidelines for providing shelters, lighting and bicycle parking at transit stops. · Improve carriage of bicycles on board transit vehicles and storage of bicycles at transit stops. · Improve storage of traveler items on transit vehicles and at transit stops. · Consider dedicating a portion of paid parking revenue to improve transit stop conditions. Resolution of 2002 Page 3 P213 65. Traveler Information Improve travelers' experience by providing local travel information at bus stops, on the Intemet, through brochures, etc. Reduce travel by visitors in automobiles through support of innovative traveler services. Develop means to provide real-time information on transit service and road conditions to travelers in the Roaring Fork Valley: Conduct a study of methods to transferring and checking luggage through from the airport to hotels. Improve the quality and availability of information on travel options (i.e., transit, lodge shuttles, walking, bicycling, etc.) provided to visitors both before and after arrival in Aspen. Provide information to visitors in multiple languages and using international symbols. 67. Parks Advisory Board Explore the creation ora City of Aspen Parks, Open Space, Trails & Natural Resources Advisory Board. rn 72. Improve Commercial Air Service tO Aspen and Pitkin County Study opportunities to improve customer service and the quality of air service consistent with the Airport Plan recently adopted by Pitkin County. Work with the airport management staff to determine problems and opportunities for solutions. Quality air service is critical to our economy. r~ 74. Update Aspen Waikwa¥ and Bikeway System Plan Update and revise the Aspen Walkway and Bikeway System Plan to include the following: ,, Completed or proposed changes to the bikeway and walkway network since 1990. · Policies and an action plan for improving bicycle storage at or near employment and other activity sites throughout the Aspen metro area. · Better integration of bicycles and transit. · Bicycle and Pedestrian Level-of-Service (LOS) standards. · More in-depth consideration of pedestrian access to transit. · Traffic calming recommendations. · Establishment ora more-definite timetable for completion of projects. Identification of more-specific project funding sources. ~ 75. Improve the Bikeway System Improve bicycle path directness, inter-cormectivity, and safety through the following: Conduct an inventory of locations where bikeways are discontinuous, indirect or poorly maintained. · Develop an action plan to remedy bikeway deficiencies. Implement the trail improvements outlined in the Trail System Refinement Report for the Entrance to Aspen. Implement the trail components of the Roarin~ Fork Greenway Plan (i.e., specifically between Heron Park and the area around the Ute Children's Park). rn 76. Study a "Free Bike" Program Study the development of a program to provide a fieet of "free-use" bikes in Aspen. Q 77. Improve Pedestrian and Bicycle Safety and Security Resolution of 2002 Page 4 P214 Where needed, improve bicycle safety through improved signage, striping, shrub maintenance, and education. Evaluate Aspen street comers to determine if parked cars, shrubs or other objects hinder the ability of motorists to see pedestrians ~d vice versa. Study the feasibility and need to increase the availability of secure bicycle parking (racks and lockers). Study the feasibility of establishin~ a d'edicated ~r!dlhg source (i.e., budget line item) for bicycle facility maintenance and improvements. rn 78. Improve Pedestrian Infrastructure Look for opportunities to improve the pedest25an infrastructure to encourage walking. For example: · Develop an action plan for sidewalk additions and improvements. · Improve crosswalk conditions at the intersection of Main and Mil1 St?ets (including reestablishing the four-second "head start" for pedestrians). · Improve crossing conditions at appropriate locations along Main Street to enable safer and more convenient travel by foot through town. · Improve pedestrian crossing cpnditions on Highway 82 at TmscotX/GolfCourse. · Improve pedestrian crossing conditions on Highway 82 at Buttermilk. · Improve pedestrian crossing conditions on Highway 82 at 8th Street. ,,Improve east-west pedeslrian travel conditions in the West End ~gugh the addition of a walkway that is detached from the street or that provides some separation between people and moving traffic. ,,Install a sidewalk on the south side of Puppy Smith Street. · Install a sidewalk on Red Mountain Road, if feasible. · Clean up the Aspen alleys for easier and more pleasant use by pedestrians. · Install a truck alley/pedestrian way on the north side of Wagner Park (to be consistent with the proposed master plan for Wagner Park). 80. Complete Community Trail System Complete community trail systems such as: the Benedict/Roaring Fork R/ver Trail from Herron Park to the Aspen Club, and the Shadow Mountain Trail. 81. Improve Public Access to Parks and Recreation Improve public 'access to and information about parks and recreation facilities through brochures and signage programs. r~ 83. Increase Rates of Carpool and Vanpool Use Maintain and improve the appeal of carpools and vanpools for a wide variety of trip types through expanded ride matching, outreach and education. a 99. Improve the Pedestrian Experience and Streetscape on Main Street In conjunction with ongoing transportation planning projects on Main Street, improve the pedestrian experience and streetscape. WHEREAS, the following sections are Completed Action Items in Addendum A of the Aspen Area Commun/ty Plan: Resolution of 2002 Page 5 P215 r~ A. Future Land Use Map This land use map will formalize the Community Growth Boundaries, identify what land uses and densities are anticipated in the Aspen metro area, and identify parks and open space parcels that are important to preserve and which should be maintained and/or acquired. This futare land use map will provide a vision and guide for future land use decisions in the Aspen metro area and depict what the community can expect to look like in 2020. ca D. Open Space Replacement Property Study and evaluate the idea of revising the city's Sixth Penny Ordinance to require that replacement property be established prior to an election for trading of open space. Study the benefits and costs of identifying the replacement parcel in the ballot language. The intention of identifying the parcel would be to help the electorate in evaluating the benefit of the conversion or replacement interest. WHEREAS, the Aspen Area Commfinity Plan references the Roaring Fork Greenway Plan and the Trails Master Plan; and, WHEREAS, this information provided in th~ City of Aspen's existing plan describes how the City of Aspen intends to provide for the recreational and tourism needs of both res/dents of the City of Aspen and visitors to the City of Aspen. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that: The City of Aspen hereby finds and declares that it is in compliance with the requirements of liB 01S2-1006 requiring a recreation and tourism element in its master or comprehensive plan. FINALLY, adopted, passed and approved this day of ,2002. Approved as to form: Approved as to content: City Attorney Helen K. Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Resolution of 2002 Page 6 EXZ4IBITA P216 CHAPTER 5 GOVERNMENT - LOCAL HOUSE BILL 01 S2-1006 [Digest] BY REPRESENTATIVE(S) Stengel, Dean, Kester, Larson, Lawrence, Mace, Miller, Scott, Stafford, and Webster; also SENATOR(S) Pedmutter, Gordon, Hagedom, Link. hart, Pascoe, Tate, and Windels. AN ACT CONCERNING THE MANDATORY ADOPTION OF LOCAL GOVERNMENT MASTER PLANS. £e it enacted by the General Assembly of the State of Colorado: SECTION 1. 30-28-I06, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 30-28-106. Adoption of master plan - contents. (4) (a) EACH COUNTY THAT HAS NOT ALREADY ADOPTED A MASTER PLAN AND THAT MEETS ONE OF THE FOLLOWTNG DESCRIPTIONS SHALL ADOPT A MASTER PLAN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4): (I) EACH COUNTY OR CITY AND COUNTY THAT HAS A P~OPULATION EQUAL TO OR GREATER THAN TEN THOUSAND AND THE POPULATi0iq ~)F WHICH HAS DEMONSTRATED AN INCREASE OF EITHER: (A) TEN PERCENT OR MORE DURING THE CALENDAR YEARS 1994 TO t999; OR (B) TEN PERCENT OR MORE DURING ANY FIVE*YEAR PERIOD ENDING IN 2000 OR ANY SUBSEQUENT YEAR; P217 (II) EACH COUNTY OR CITY AND COUNTY THAT HAS A POPULATION OF ONE HUNDRED THOUSAND OR MORE. (b) TO THE EXTENT THE COUNTY DOES NOT MEET A DESCRIPTION SPECIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (a) OF THIS SUBSECTION (4), THE COUNTIES OF CLEAR CREEK, GILPIN, MORGAN, AND PITKIN SHALL ADOPT A MASTER PLAN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUB SECTION (4). (c) THE DEPARTMENT OF LOCAL AFFAIRS SHALL ANNUALLY DETERMINE, BASED ON THE POPULATION STATISTICS MAINTAINED BY SAID DEPARTMENT, WHETHER A COUNTY IS SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION (4), AND SHALL NOTIFY ANY COUNTY THAT IS NEWLY IDENTIFIED AS BEING SUBJECT TO SAID REQUIREMENTS. ANY SUCH COUNTY SHALL HAVE TWO YEARS FOLLOWING RECEIPT OF NOTIFICATION FROM THE DEPARTMENT TO ADOPT A MASTER PLAN. (d) ONCE A COUNTY IS IDENTIFIED AS BEING SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION (4), THE COUNTY SHALL AT ALL TIMES THEREAFTER REMAIN SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION (4), REGARDLESS OF WHETHER IT CONTINUES TO MEET ANY OF THE DESCRIPTIONS IN PARAGRAPH (a) OF THIS SUBSECTION (4). (5) A MASTER PLAN ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBSECTION (5) SHALL CONTAIN A RECREATIONAL AND TOURISM USES ELEMENT PURSUANT TO WHICH THE COUNTY SHALL INDICATE HOW IT INTENDS TO PROVIDE FOR THE RECREATIONAL AND TOURISM NEEDS OF RESIDENTS OF THE COUNTY AND VISITORS TO THE COUNTY THROUGH DELINEATED AREAS DED%CATED TO, WITHOUT LIMITATION, HIKING, MOUNTAIN BIKING, ROCK CLIMBING, SKIING, CROSS COUNTRY SKIING, RAFTING, FISHING, BOATING, HUNTING, SHOOTING, OR ANY OTHER FORM OF SPORTS OR OTHER RECREATIONAL ACTIVITY, AS APPLICABLE, AND COMMERCIAL FACILITIES SUPPORTING SUCH USES. SECTION 2. 31-23-206, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 31-23-206. Master plan. (4) (a) EACH MUNICIPALITY THAT HAS A POPULATION OF TWO THOUSAND PERSONS OR MORE AND THAT IS WHOLLY OR PARTIALLY LOCATED IN A COUNTY THAT IS SUBJECT TO THE REQUIREMENTS OF SECTION 30-28-106 (4), C.R.S., SHALL ADOPT A MASTER PLAN WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4). (b) THE DEPARTMENT OF LOCAL AFFAIRS SHALL ANNUALLY DETERMINE, BASED ON THE POPULATION STATISTICS MAINTAINED BY SAID DEPARTMENT, WHETHER A MUNICIPALITY IS SUBJECT TO THE REQUIREMENTS OF THIS P218 SUBSECTION (4), AND SHALL NOTIFY ANY MUNICIPALITY THAT IS NEWLY IDENTIFIED AS BEING SUBJECT TO SAID REQUIREMENTS. ANY SUCH MUNICIPALITY SHALL HAVE TWO YEARS EOLLOWING RECEIPT OF NOTIFICATION FROM THE DEPARTMENT TO ADOPT A MASTER PLAN. (¢) ONCE A MUNICIPALITY IS IDENTIFIED AS BEING SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION (4), THE MUNICIPALITY SHALL AT ALL TIMES THEREAFTER REMAIN SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION (4), REGARDLESS OF WHETHER IT CONTINUES TO MEET THE CRITERIA SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (4). (5) A MASTER PLAN ADOPTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBSECTION (5) SHALL CONTAFN A RECREATIONAL AND TOURISM USES ELEMENT PURSUANT TO WHICH THE ivlITNICIPALITY SHALL INDICATE HOW IT INTENDS TO PROVIDE FOR THE RECREATIONAL AND TOURISM NEEDS OF RESIDENTS OF THE MUNICIPALITY AND VISITORS TO THE MUNICIPALITY THROUGH DELINEATED AREAS DEDICATED TO, WITHOUT LIMITATION, HIKING, MOUNTAIN BIKING, ROCK CLIMBING, SKIING, CROSS COUNTRY SKIING, RAFTING, FISHING, BOATING, HUNTING, AND SHOOTING. OR ANY OTHER FORM OF SPORTS OR OTHER RECREATIONAL ACTIVITY, AS APPLICABLE, AND COMMERCIAL FACILITIES SUPPORTING SUCH USES. SECTION 3. Effective date. This act shall take effect at 12:01 a.m, on the day following the expiration of the ninety-day period after 15hal adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, ifa referendum petition is filed against this act or an item, section, or part of this act within such period, then the act. item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. Approved: November 6, 2001 Capital letters indicate new material added to existing statures; dashes through words indicate deletions fi.om existing statutes ~d such material not part of act. The City offls~e~l Memorandum CiL','fllZorne¥ JOffice TO: Mayor and Members of Council FROM: John P. Worcester DATE: August 12, 2002 RE: Proposed Ballot Questions for November Election * Charter Amendment for Publication Requirements for Ordinances * Sale of City Property to Facilitate Obermeyer Project * Trolley Question Attached for your review and consideration are a muuber of proposed resolutions thal if approved would refer to the voters certain ballot questions for the November Special Election. Ail ballot questions should be completed by the end of August as the City Clerk ~s required to submit ali City questions to the County Clerk in early September. Resolution for Charter Amendment - The first resolutibn would refer to the voters a proposed ordinance that would amend the City Charter by changing the publication requirements for the adoption of ordinances by the City Council. The ordinance itself with the proposed changes and a memorandum ~om the City Clerk have been included on the agenda for your consideration and approval at Council's meeting of August 12, 2002. Resolution for Sale of City Property to Facilitate Obermeyer Prqiec_r. - The next resolution would refer to the voters a ballot question seeking voter approval ro selI or otherwise dispose of certain out lots in the Rio Grande Subdivision to facilitate the completion of the proposed Obermeyer project. Please note that the authority to dispose of the City properzy is contingent upon City Council granting final land use approvals for the project before December 31, 2005. In other words, the authority to convey the City property runs out on December 31,2005, if Council does nor grant final land use approval for the use of the property by that date. Resolution for Trolley Question - The third resolution would refer to the voters a ballot question regarding the future of the City-owned trolleys. The resolution also authorizes the City Manager to execute a Memorandum of Understanding between the City and the Aspen Street Railway Company that attempts to clarify some of the terms and conditions of the ballot question. P221 All three of these resolutions have been placed on your agenda for the meeting of the 12th of August. Should additional discussion or work on the ballot questions be necessary following your meeting on the 12th of the proposed resolutions, they can be considered again at your meeting on the 26th of August. JPW-07 31/2002-G: john\~yord\memos\ballot-res-mem.doc P222 RESOLUTION NO. ~ (Series of 2002) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION RELATING TO THE ADOPTION OF AN ORDINANCE TO AMEND THE CITY OF ASPEN HOME RULE CHARTER CHANGING THE PUBLICATION REQUIREMENTS FOR THE ADOPTION OF ORDINANCES OF THE CITY COUNCIL. WHEREAS, the City Council has determined that the Home Rule Charter requirement that ordinances be published in full has proven to be a great expense to the City of Aspen without appreciably providing a good method for informing the public of proposed legislation before the ~ity Council; and WHEREAS, Section 13.10 of the Home Rule Charter authorizes the City Council to propose amendments to the City Charter in accordance with the State Constitution; and WHEREAS, the State Constitution requires that Home Rule Charter amendments be made by the adoption of an ordinance and thereafter approved by the voters; and WHEREAS. the City Council has adopted on first reading an ordinance to amend the Aspen Home Rule City Charter and desires to refer to the voters a ballot question seeking voter approval of the proposed amendment. NOW, tHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The following question, seeking voter approval of Ordinance No. , Series of 2002. shall be placed on the ballot at the City's special election to be held on November 5, 2002; provided, however, that Ordinance No. , Series of 2002. is duly adopted by the City Council. P223 AMENDMENT TO CITY OF ASPEN HOME RULE CHARTER Shall Ordinance No. , Series of 2002, be adopted? This ordinance proposes to amend the City of Aspen Home Rule Charter by changing the requirement for the full text publication of ordinances and instead allow for proposed and adopted ordinances.to be published by title only. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the __ day of_ ,2002. Helen Kalin Klandemd~ Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk JPW-07/31/2002-G:\john\word\resos\ballot02-¢harter-amend.doc P224 RESOLUTION NO. (Series of 2002) A RESOLUTION OF TJ:LE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN QUESTION RELATING TO THE CONVEYANCE OF CITY-OWNED PROPERTY AT THE NOVEMBER 5, 2002. SPECLAL MUNIC~ ELECTION, AND SETTING SUCH BALLOT TITLE AND QUESTION. WHEREAS, the City Council desires to ask the electors of the City of Aspen for authorization to convey certain City-owned our lots in the Rio Grande Subdivision facilitate the redevelopment ofpropemy in the SCI zone district commonly referred to as the "Obermeyer Project"; and WHEREAS, Section 13.4 of the City of Aspen Home Rule Charter requires voter approval for the sale, exchange or disposition ofreaI estate m use for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. THAT: Section 1. The following question, seeking authorization to sell, exchange or dispose of certain City-owned property, shall be placed on the ballot at the City's special election to be held on November 5, 2002. SALE OF CITY OWNED LAND FOR OBERMEYER PROJECT Shall the City Council of the City of Aspen be authorized to sell, exchange, convey or otherwise dispose of lots 6, 7, 8 and 9 of the Rio Grande Subdivision, comprising a total of approximately 0.32 acres, to facilitate the redevelopment of property in the SCI Zone District adjacent to the southern border of the Rio Grande Park (commonly known as the Obermeyer Project); provided, however, that the City Council pants final iand use approval for all proposed redevelopment plans on or before December 31, 2005. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ., 2002. P225 Helen Kalin Klandemd, Mayor I, Katkryn S. Koch, duly appointed and acting City Clerk do certify that the fdregoing is a true and accztrate copy of that resolution adopted by the City Council of the City o£Aspen, Colorado, at a meeting held on the day here~above stated. Katl-n-yn S. Koch, City Clerk JpW-OS/O2/2OO2-G:\john\word\resos\ballotO2-obermeyer doc P226 DRAFT 8/2/02 RESOLUTION NO. (Series of 2002) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAE'q QUESTION AT THE NOVEMBER 5, 2002, SPECIAL MUNICIPAL ELECTION, AND SETTING SUCH BALLOT TITLE AND QUESTION. WHEREAS, the City Cotmcil desires to ask the electors of the City of Aspen for authorization to continue ownership of certain trolley cars and to continue cooperating with the Aspen Street Railway Company, a non-profit corporation established by Aspen citizens to refurbish said trolley cars and re-introduce their use along City right-of-ways; and WHEREAS, Section 5.7 of the City of Aspen Home Rule Charter authorizes the City Council to submit any question to a vote of the people. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. THAT: Section 1. The following question, seeking authorization to continue ownership of certain trolley cars and to continue City cooperation with the Aspen Street Railway Company introduce the use of trolley cars hi the City's right-of-way, shall be placed on the ballor at the City's special election to be held on November 5, 2002. TROLLEY CARS Shall the City of Aspen continue [o own certain trolley cars and continue cooperate with the Aspen Street Railway Company ("ASRC"), a non-profit corporation established by Aspen citizens to refurbish said trolley cars and introduce their use along City right-of-ways, provided that: ·The trolley cars are refurbished and the requisite tracks are built at an estimated cost of $5.5 million at no public expense: · l'he trolleys do not require overhead wires and shall have on-board, self contained power to operate; P227 · The proposed route of the trolley system shall be approx/mately fi.om the Rube¥ Park transit center, down Galena Street. loopina _aro~md the Rio Grande Park, and ending in the vicinity of the Post plaza; · Any trolley barn or storage and maintenance facility with all necessary equipment is constructed at the be.oinning of the Pdo Grande trail adiacent to the Post Office at no public expense; · Prior to the start of any construction, ASRC posts a completion bond in a sum sufficient to cover the total anticipated capital costs of the trolley system; · The City is satisfied that the operational costs of the proposed trolley system are equal to or less than the total costs for operatLng that portion Of the current Galena Street shuttle that it replaces; · The City provides the use Of the land necessary to accommodate a trolley barn or storage and maintenance facility deemed necessary for the successful operation of the trolley system; and · The City assumes ali operational costs upon acceptance of the trolley system.; and · The trolley system complies in all respects with the Americans With Disabilities Act. And, provided further, that the City Manager is authorized to dispose of the trolley cars and cease cooperation with ASRC in the event that ASRC is unable to complete the following task by the deadlines set forth: ASRC shall, at their sole cost, prepare requisite engineering and operational analysis for the construction and operation of the proposed trolley system as needed for the safe and efficient operation of the system and as necessary to obtain ail requisite permits and approvals on-or before December 31, 2003; · ASRC shall, at their sole cost, raise sufficient funds to pay for the cost of refurbish/ng the trolley cars, lay trolley tracks on City right- of-ways, and construct all attendant facilities required to operate and maintain the trolley system on or before December 31, 2006; and · ASRC shall, at their sole cost, complete all construction for the trolley system <>nor before October 31, 2008. YES NO P228 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2002. Helen Kalin Klanderud, Mayor I. Kathryn S. Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting b. eld on the day hereinabove stated. Kathryn S. Koch, City Clerk JPW-08/02/2002-G:\john\wordYesos\ballot02-trolley.doc P229 MEMORANDUM OF UNDERSTANDING BETWEEN THE ASPEN STREET RAILWAY COMPANY AND THE CITY OF ASPEN TH]iS MEMORANDUM OF UNDERSTANDING entered into at Aspen, Colorado. this day of ., 2002, by and between the CITY OF ASPEN, COLORADO, a municipal corporation and home-rule city I"hereina£ter "City"), and THE ASPEN STREET RAILWAY COMPANY, a Colorado not-for-profit corporation (hereinafter "ASRC"). WITNESSETH: WHEREAS, the City is the owner of certain trolley cars and rights-of-way m the City of Aspen; and WHEREAS, ASR.C desires to refurbish said trolley cars and re-introduce their use along rights-of-way within the City of Aspen; and WHEREAS, the City Council of the City of Aspen has agreed to submit a question to the voters of the City that seeks authorization to continue to own the said trolley cars and to continue cooperating with ASRC to re-introduce their use in Aspen; and WHEREAS, the ballot question, in an effort to keep its [ength as short as possible, contains terms and conditions that may require clarity in their interpretation and implementation in the future. NOW, THEREFORE, the parties hereto agree as follows with respect to the terms and conditions of said ballot question: 1. City Council's decision to refer to the voters of the City of Aspen the ballot question referenced herein shall not be construed or interpreted by ASCR or any third party to be a binding determination by the City Council to proceed in any particular fashion with respect to the construction of a trolley system in the City of Aspen. The ballot question is advisory in nature and shall not obligate the City or ASCR to proceed in any particular fashion. By entering this Memorandttm of Understanding, the City Council does not hereby relinquish any of its plenary legislative discretion in any respect. Approval by the voters of the ballot question referenced above shall not waive any land use, permits or approvals required for the proposed trolley system. 2. ASCR has agreed to refurbish the trolley cars. The refurbishment of the trolley cars shall be to a condition that is acceptable to the City in its sole discretion. The number of trolley cars to be refurbished shall be sufficient in number to operate a trolley system in an. P230 efficient and economical manner. The City shall have the sole discretion to determine what is an efficient and economical manner for operating and maintaining a trolley system. 3. The ballot question indicates that no overhead wires shall be required to operate the trolley syszem. "No overhead wires" includes ali appurtenant and accessory equipment or machinery (other than tracks and trolley cars, s~gnage and building(s) at the terminus of the system) in the public rights-of-way or visible within the public rights-of-way. 4. Before any engineering and operational analysis are accepted by the City as contemplated in the ballot question, the specific route and all accessory building(s) (including maintenance and storage strucmres3 proposed to be used by the trolley system shall be identified with specificity sufficient to prepare competitive bids for their construction. 5. The completion bond referenced in the ballot question shall include performance, payment and maintenance bonds each in an amount specified in contract documents used to construct the trolley system as security for the faithful performance and payment of ali construction contractors engaged to construct the trolley system. The City shall approve all bonds required by this section. These bonds shall be in effect until the work of constructing the trolley system is complete except for the maintenance bonds that shall remain in effect for a period of two years from the date of project completion. 6 The completion bond referenced in the ballot shall aisc include an agreement from ASRC to indemnify and hold harmless the City for any liability, claims, and demands on accoum of illness, personal injury, death or proper~y loss occasioned by the construction of the trolley system. ASRC shall secure insurance sufficient to insure against all liability and obligations assumed by ASRC by this paragraph. The City shall approve the amount and insurer. 7. The City shall have the authority to approve all contract documents and the contractors selected to construct the trolley system. 8. The ballot question contains a condition that the operational costs of the proposed trolley system shall not exceed the operational costs of the currem Galena Street Shuttle. Whether the proposed trolley system's operational costs exceed the cum'em Galena Street Shuttle shall be in the sole discretion of the City Council using the 2002 fiscal year operating costs of the Galena Street Shuttle adjusted by the Consumer Price Index (All Urban Consumers (CPI-U), U.S. City Average, Ali Items (1967 = I00) compiled by the United States Department of La~)or, Bureau of Labor Statistics) for the year in which the proposed trolley system is proposed to begin operation. ~Operationai costs" shall include, but not be necessarily limited to, persom~el expenses, maintenance, utility and overhead expenses, and depreciation of the trolley cars, buildings, and tracks used by the system. 9. The ballot question indicates that the City shall provide the use of the land necessary to accommodate any trolley barn or storage and maintenance facility needed by the trolley system. The parties hereto agree that the donation of City land is specifically conditional upon the parties' being able to mutually a~ee upon the proper site for such sm~cmres. In P231 addition, ASRC acknowledges that pursuant to the Aspen City Charter certain lands owned by the City may require voter approval to change their cra-rent use. 10. The ballot question requires ASRC to raise sufficient funds to pay for the costs of refurbishing the trolley cars, lay tracks on City rights-of-way, and construct all attendant facilities required to operate and maintain the trolley system by a date certain. For purposes of that provision of the ballot question, "raise" shall mean ftmds that are on deposit in an ASRC bank account and available for distribution to ASRC, or funds represented by legally binding and irrevocable donor pledges to ASRC pursuant to pledge a=m-eements approved by the City Attorney, or the corresponding bid of in-kind contributions of materials or labor to the completion of the trolley system that are approved by the City, or a ~ombination of such funds. Whether or not ASRC has, or has not, raised sufficient funds shall be in the sole discretion of the City Council. 11. The ballot question contains language regarding the proposed route of the trolley system and the ~oropoSed location of a barn and storage faci}ity. The parties hereto understand that the exact route of the trolley system and location of any barn and storage facility shall be determined by the City Council, in its sole discretion, at such time that final desima of the system. is approved, 1_2¢. The parties hereto acknowledge that the terms of this Memorandum of Understanding is not intended to be a binding contract and shall not be interpreted by the parties hereto or third parties as such. It is merely a document that attempts to clarify the intent of the parties with respect to the language of tl~e ballot question referenced above. WI-tEREFORE, the parties, through their duly attthorized representatives, have executed this Memorandum of understanding upon the dates as forth herein. THE CITY OF ASPEN, COLORADO By: Steve Barwick, City Manager ASPEN STREET RAILWAY COMPANY By: Title: LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE IN ASPEN COLOKADO 106 SOUTH MILL STREET FRE, ILIC~, Lrrrl~R & CAItUSLE OAV~ ~'. MYI,IiK I'.C. ' SUITE 202 ^TTOP..WEys AT LAW E. ~nc:ta~. aOn;M~ ' AS?EN. COLORADO $1611 ~oB~ ~ F~c~ ~.c. ~' (970) 920-1018 July 31, 2002 Honorable Helen Klanderud, Mayor and The Aspen City Council Hand Delivered 130 S. Galena Aspen, CO 81611 Re: Appeal by Steven St. Clair ora decision of the Historic Preservation Commission relating to 629 W. Smuggler in the City of Aspen Ladies and Gentlemen: In anticipation of a hearing in the above-referenced matter on August 12, 2002, I am submitting this letter on behalf of Steven St. Clair to provide the City Council with background information, a general statement of our reasons for appeal and the basis upon which such an appeal should be granted. In January of 2001, Mr. St. Clair purchased the property at 629 W. Smuggler and began a process to remodel and enlarge the historic structure located thereon. It has been and continues to be his intent and desire to preserve the integrity and character of the historic structure. But as is too often the case, the devil lurks in the details. Mr. St. Clair spent a little over nine months working with the Aspen Historic Preservation Commission (the "HPC") on conceptual (albeit quite detailed) plans for the renovation of the historic structure and a two-story addition. That process resulted in a denial of his. conceptual plan by the HPC on August 8, 2001. That denial was appealed to the Aspen City Council. On November 26, 2001, the City Council found that the decision of HPC denying the conceptual application was arbitrary and capricious. The City Council reversed the action of the HPC and, in effect, granted conceptual approval for the last version of the conceptual plan that had been before the HPC at the time of denial. FREILICH, MYLER, LEITNER & CARLISLE Honorable Helen Klanderud, Mayor July 31, 2002 Page 2 That plan envisioned a two-story addition to the south side of the historic structure containing approximately 1300 square feet and the reconstruction of a detached garage with a second story bedroom and bath. A rendering of that plan, which was reviewed by the City Council at the November 26, 2001 heating, is attached. Following conceptual approval, Mr. St. Clair filed an application with the I-IPC for final approval of his development plans. Those final plans were identical to the ones that were reviewed by the City Council and found to be consistent with the historic preservation guidelines. In order to accommodate concerns and desires ~xpressed by the HPC during the conceptual review, the final plans and design also included a request for a floor area bonus and minOr variances. On May 8, 2002, the HPC denied Mr. St. Clalr's application for final approval, den/ed the request for a floor area bonus and denied the requeSt for a height variance. All of those denials were arbitrary, capricious and not supported by the evidence. Virtually all of the reasons for den/al of the application itself had to do with design features that had been incorporated into the conceptual plans, carried over to the final plans, and thus already approved. The HPC simply ignored the prior approval and den/ed the final plans because they did not conform to the highly subjective vision that the City Council had previously rejected. And, as if to underscore their capriciousness in this case, the HPC cited as one of the reasons for den/al of the final plans, the fact that Mr. St. Clair requested the ability to substitute Hardy Plank for natural wood siding on the proposed addition. The request for the substitution was made with the caveat that it would be withdrawn if it was unacceptable to the HPC. Mr. St. Clair made it abundantly clear that, although he preferred the more durable material, he was willing to use natural wood if that is what the HPC wanted. Apparently, the mere request for a substitution of materials was enough of an affront to the HPC's sensibilities to warrant den/al. A floor area bonus was requested in this case because the HPC preferred that the doors of the detached garage open directly onto Smuggler Avenue rather than on the alley to the south of the lot. If the garage were to be designed so that the doors opened onto the alley, no floor area bonus would have been needed in this case. The combined floor area of the principal and accessory structures is less than the maximum allowed as long as the garage doors open on the alley. The City's Land Use Regulations provide for a floor area penalty for garages that open on to a street thus necessitating the application for the bonus, an application that the HPC had previously encouraged. Admittedly, Mr. St. Clair prefers to have the garage doors open onto Smuggler as well. And we believe, as does HPC's staff, that the criteria for a floor area bonus has been satisfied in this case and that it should be granted. Nevertheless, Mr. St. Clair is willing, and so expressed to the HPC, to reorient the garage to avoid the issue. FREILICH, MYLER, LEITNER & CARLISLE Honorable Helen Klanderud, Mayor July 31, 2002 Page 3 As with the floor area bonus, a height variance was requested in order to accommodate the desires of the HPC to minimize the flq0r area and thus the size of the proposed addition to the hiStoric structure in order that the addition WoUld apPe~ Sub6rdinate to that Structure. After several attempts to address this issue, the plan that emerged; the plan that best preserved the integrity of the historic structure and best satisfied the City's historic preservation goals and criteria call for a detached garage with a second story bedroom/bath. As an accessory structure on the rear one-third of a lot, the height limit for the garage is twelve (12) feet. In order to accommodate the second story bedroom, a height of fifteen feet six inches (15'6") feet is required.~ This project is not the first and probably won't be the last to seek relief from the height restrictions in order to achieve other important public benefits. The practical difficulties in this case which justify a variance are caused by an overriding desire on the part of both the landowner and the community to satisfy historic preservation criteria. Without the ability to obtain a variance, an otherwise sensible approach to the balancing of important community objectives may not be possible. In order to reenforce this position, we will provide examples of other structures in the West End where living areas have been constructed above garages in excess of the height limits otherwise applicable to accessory structures. Minor setback variances were also requested in order to replace the existing garage in its present location. In addition, a variance from the Residential Design Standards was requested in order for the gable end of the new garage (along with the doors) to face Smuggler. These variance, with conditions that were acceptable to Mr. St. Clair, were supported by staff and, although not acted upon, were acceptable to the HPC and thus are not at issue in this appeal. In conclusion, we do not believe that the HPC was able to objectively evaluate Mr. St. Clair's final plans. We believe, as did the City Council in its previous action, that his plans for 629 W. Smuggler satisfy the'goals, objectives, standards and criteria of historic preservation. Mr. St. Clair's substantial efforts to accommodate th~ C0~!~S goals should not go unrewarded. His plans represent a very reasonable and balanced attempt t6 renovate md PreServe a historic structure that should be approved, including the minor variances that only improve the project. I It should also be noted that the City routinely allows for an increase in maximum height in order to accommodate construction of an accessory dwelling unit above a garage and that the height limit for an accessory structure onthe front 1/3 ora lot is 21'. FREILICH, MYLER, LEITNER & CARLISLE Honorable Helen Klandemd, Mayor July 31, 2002 Page 4 Very Truly Yours, FREILICH, MYLEK, LEITNER & CARLISLE BY:~ David J. Myler DJM:ds cc: Steven St. Clair Enclosure I. 'INTRODUCTION: This application for review of Subdivision Exemption for a lot line adjustment and rezonin§ is flied on behalf of Charles Marqnsee (owner of Lots G & H, Block 1 and associated vacated rights-of-way), Julie Anthony (owner of Lots A through F, Block 7 and associated vacated rights-of-way) and H & C-Marqusee, Inc. t~owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat recorded in Plat Book 28, beginning at page 5). The owners of the three parcels have authorized this requ. est to merge the western portion of Outlot B with the land immediately to the south owned by Marqusee and to merge the eastern portion of Outlot B with the land immediately to the south owned by Anthony. In addition, H & C Marqusee, Inc. is requesting approval to rezone Outlot B from the Academic to the R-15 zone designation. Upon approval of these requests, the three parcels will be combined into two parcels designated as Lot One and Lot Two of the Anthony/Marqusee Lot Line Adjustment Flat with an R-IS zone designation. A draft of the Plat is being submitted for review with this application. Outlot B, which is a parcel which was zoned Academic when specific zone district categories were assigned to parcels within the Aspen Meadows SPA, was transferred to H & C Marqusee, Inc. as a consideration for the Marqusees' giving tand for the right-of-way to allow the construction of New Meadows Road. The agreement by the Marqusees to give up land for the new road right-of-way was instrumental in resolving a development plan for the Aspen Meadows property, in that it provided an alternative access to the property other than what is now referred to as Old Meadows Road, a portion of which has since been converted to a public trail This agreement, in turn, resulted in the ownership of much of the land at the Meadows being returned from private hands to several of the important non-pro~ organizations whose facilities are at the Aspen Meadows. The transfer of Outtot B to the Marqusees was intended to provide a buffer of sorts for the Marqusees' parcels along the south side of the new street. Once New Meadows Road was completed, the City ag-reed that certain rights-of-way in the area were no longer needed and acted to vacate portions of the Eighth Street and North Street rights-of-way under two separate ordinances. Under the first of . these, Ordinance No. 11, Series of 1993, the City vacated that portion of the North Street right-of-way lying to the east of the Eighth Street right-of-way and extending to Seventh Street. Under the second, Ordinance No. 14, Series of 1997, the City approved the vacation of the remainder of the Eighth Street and North Street rights- of-way lying to the east of Old Meadows Road and [o the south of Outlot B. The Planning Office has concluded that the current City Zoning i%4ap, which shows the north side of vacated North Street with an R-6 designation, is in error, because of the Code requirement that vacated land takes on the zoning of the adiacent private [and H & C Marqusee, Inc. nov; wishes to divide Outlot B along the centerline of vacated Eighth Street in order to be in a position to give the eastern portion of Outlot B to Iulie Anthony, who previously purchased the residence and the land in Block 7 from the IVfarqusees. This will lessen to some degree (by 6.81 feet, to be precise) the non-conformity as to the front yard setback on the Anthony Parcel which was created when the City approved the New 1Vfeadows Road in its present location. The lot line adiustment request is discussed in Section II of this application, beginning on page 3. The applicants want to avoid the possibility of an interpretation in the future that as a result of the merger, the portion of the new lots lying to the south of the Aspen Townsite line (outside of the original SPA boundary) have become subject to the provisions of the Aspen Meadows approval. Therefore, notes clarifying that issue have been added to the draft Plat. Further, H & C Marqusee, Inc. is requesting rezoning of Outlot B from its current Aca~fe~'¢ zone designation to R-75. This is necessary because of the language of Sec. 26.710.022, which includes limitations on parcels which are designated with more than one zone designation when the proposed use is not allowed in one of the zone districts. In any case, Jcz~fe;~ic zoning is not an appropriate zone designation for the land now that it has been transferred from the operator of the academic facilities at the Meadows to a residential property owner. The rezoning request is discussed in Section III of this application, beginning on page 18. II: SUBDIVISION (Chapter 26.480): The applicants propose to adjust the boundary of the three parcels through a subdivision exemption for a lot line adjustment. Chapter 26.480 spells out the City's regulations regarding subdivisiQns, as discussed below. II A. Exemptions (Sec. 26.480.030): Sec 26.480.030 identifies those activities which are exempted from the City's provisions regarding subdivision. II A.L General Exemptions (Sec. 26.480.030.A): The general exemptions of Sec. 26.480.030.A include an exemption for lot line adjustments, as discussed below. II A.l.a. Lot Line Adjustment (Sec. 26.480.030.A.1): The merger of the three tots into two new parcels through a lot line adjustment procedure is exempted from the provisions of Chapter 26.480, Subdivision, as a result of the language of Sec. 26.480.030.A~1, which provides for the adjustment of a lot line between contiguous lots exempt from the requirements of Subdivision if five conditions are met. Those conditions and the applicants' responses are as follows: i. "It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. ": The request is to permit an insubstantial boundary change between adjacent parcels to merge Outlot B of the Aspen Meadows Final S:P.A./Subdivision, presently owned by H&C Marqusee, Inc. with the two parcels to the south. The westernmost of these parcels (Lot One, as proposed) is owned by Charles B. Marqusee, individually and the easternmost (Lot Two, as proposed) is owned by ~ulie Anthony. ii. "Ail landowners whose lot lines are being adjusted shall provide written consent to the application. ": Letters of consent to the application from the owners of the three parcels are attached as Exhibits Al, A2 and A3. 3 iii. "The corrected plat will meet the standards of this ChapteT; and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render'the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. ': The proposed adjustment will not increase the nonconformity of the parcels. On the contrary, since the three lots will be merged into two, one parcel will be eliminated and any noncdnformity which presently exists on the two lots to the south will be lessened. The Plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder immediately after final approval by the Community Development Director. iv. "It is demonstrated that the lot line adjustment will not affect the development rights, including any ~ncrease in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. ": At the time Outlot 1~ was created through SPA review procedures, the City approved Academic zoning for the parcel but did not establish any development rights for the parcel. Any development rights for the property would therefore have to be established through an SPA Amendment procedure in the future. No such amendment request is anticipated at the present tLme. The proposed lot line adjustment will not increase the development rights, including permitted floor area or the permitted density of the subdivision exemption as a whole, or create a new lot for resale. By eliminating one of the three parcels, the development rights within the Subdivision exemption are logically reduced. A plat note will be added to the Plat prior to recording indicating that the purpose of the lot tine adjustment is to merge Outtot B with the parcels immediately 4 to the south. The note will include an acknowledgement by the applicants that no additional FAR results from the adjustment II B. Procedures/or Review (Sec. 26.480.040): A development application for a subd!vision approval or exemption shall be reviewed pursuant to the procedures and standards in this Chapter 26.480 and the Common Development Review Procedures included in Chapter 26.304. II B.1. Lot line adjustment(Sec. 26.480.040.A): After an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. II C. Applicaffon (Sec. 26.480.060): Although the proposal is exempted from the provisions Of Chapter 26.480, Subdfvfsfon, and is not an application which is to be considered by either the Planning and Zoning Commission or the City Council, it is necessary to address certain provisions of Sec. 26.480.060 in order to doczlrnent any administrative approval which is granted. II C.1. Review by the Planning and Zoning Commission (Sec. 26.480.060.A): A development application for subdivision review and approval by the Planning and Zoning Con, mission is to include the following information: II C.l.a. General Application Information: The general application Lrfformation as set forth in Sec. 26.304.030, Application and Fees of the Common Development Review Procedures, as discassed below: 5 i. General (Sec. 26.304.030.A): "The requisite number of copies of the development applications shall be submitted to the Community Development Director containing ail of the information and materials specified by the applicable Sections of this Title and such additional information or materials identified in the pre-application conference. The development application shall be accompanied by the applicable fee. (See Chapter 2.~2 for schedule of .fees.)": -~ ' Three copies of the development application are being submitted to the Community DeveIopment Director containing the relevant information and materials specified in Sec. 26.480.030, Sec. 26.480.060 and Chapter 26.304 of the Code. No additional infoi'mation or materials were identified in the pre-application cortference. A £ee deposit of $ 620.00, as requested by the Community Development Department, has been paid by the applicants. ii. Application (Sec. 26.304.030.B): "At a minimum, ail development applications shall include the following information and materials. ': (a). "Contained within a letter signed by the applicant, the applicant's name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant.": Letters from the owner of each of the three parcels authorizing Joseph Wells Lafid Planning to act as representative of the applicants during the lot line adjustment review are attached as Exhibits Al, A2 and A3. (b). "The street address, legal description, and parcel identification number of the property proposed for development.": The street address of the Marqusee Parcel (Lot One) will either be an address in the 800 block of New Meadows Road or the 600 block of Old Meadows Road, depend~g on which yard is ultimately designated as the front yard by the Owner. The street address of the Anthony ParceI is presently listed as 655 (Old) Meadows Road. Upon approval, the legal description of the two parcels will become Lot One and Lot Two, Anthony/Marqusee Lot Line Adjustment Plat. The Marqusee Parcel is incorrectly shown on the County Assessor's maps as being part o£ Outiot B (the I-t & C Marqusee, Lrtc. 6 Parcel) so it does not have its own parcel identification number. The parcel identification number for the H & C Marqusee, Inc. Parcel is 2735-122-31008 and for the Anthony Parcel is 2735-121- 13007. (c). "A disclosure of owns'ship of the parcel proposed for development, consisting of a curre_nt certificate frbm a Title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of alt owners of the property, and ail mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.": Ownership & Encumbrance Reports prepi~red by Stewart Title for the three parcels are included as Exhibits to the application. Exhibit B1 confirms that Charles Marqusee is the record owner of Lots G & H, Block 1 and assodated vacated rights-of-wky. Exhibit B2 confkms that H & C Marqusee, Inc. is the record owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat. Exhibit B3 confirms that Julie Anthony is the record owner of Lots A through F, Block 7 and assodated vacated rights-of-way. (d). "An 8 1/ 2 " x 11' vicinity map locating the subject parcel within the City of Aspen.": A vicinity map l~cating the subject parcels within the City of Aspen is included on the draft Plat. (e). "A site plan depicting the proposed layout, and the project's physical relationship to the land and its surroundings.": A draft Plat indicating the proposed boundo_ries of the parcels and the subdivision exemption's physical relationship to its surroundings is being submitted with this application. 7 (f). "A site improvement survey certified by a registered land surveyor, licensed in the State of Colorado showing the current status of the parcel including the current topogToaphy and vegetation. (This requirement, or any part thereof, may be waived by the Community Development Director if the project is determined not to warrant a survey document.)": A d_raft Plat indkating boff~ the cu~rrent a~d proposed bormdaries of the parcels involved in the lot line adjustment is being submitted with this application. A full survey of all improvements on the two parcels is beyond the scope of this application. (g). "A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application.": A written description of the proposal is included ~ Section I of this application. An explanation of how the proposal complies with the review standards relevant to lot tine adjustments is included in Section II of this application, beginning on page 3 and with the review standards relevant to rezor~ng is included in Section III of this application, beginning on page 18. (h). "Additional materials, documentaffon, or reports as deemed necessary by the Community Development Director.": No additional materials, documentation, or reports other than those provided in this application have been requested by the Community Development Director. The applicants have authorized Joseph Wells Land Planning to provide additional information if needed to complete the review. iii. Consolidation of Applications (Sec. 26.304.030.D): "If an applicant has requested the conso Iidation of development applications, the Community Development Director may waive any overlapping application submission requirements in the consolidated development application. (See Section 26.304.060(B), Modification of Review Procedures.)": Consolidation of the lot I~ne adjustment application a.rrd the rezoving request, as discussed in Section I~ of th~s application, is requested. ivt Copyrighted materials (Sec. 26.304.030.E). "The City of Aspen will not accept for development application or recordation purposes any mate~qals to which copyright applications 8 have been made unless the applicant shall waive ali claims and indemnify the City. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part ora development application may be utilized by the City in any manner deemed necessary, including recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. ': The applicants agree that any document submitted to the City of Aspen as part of this application may be utilized by the City in any manner deemed necessary, including recording in the records of the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. II C.l.b. "One (1) inch equals four hundred (400)feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located.": A Vicinity Map showing the location of the proposed lot line adjustment and commonly known landmarks in the area is included on the draft Plat. None of the applicants currently own or have under option other lands which are contiguous to the parcels which they own which are the subject of this application. The current City Zone District Map identifies the zoning of the Marqusee Parcel and the Anthony Parcel (both to the south of the Aspen Townsite4ine) as R-15 to the north of vacated North Street and 1{-6 to the south, the latter being a mapping error. As mentioned previously, Outlot B is zoned Academic. II C.l.c. "A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (I) inch equals one hundred ~lO0) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards of this Chapter and this Title, and shall contain the following itemized information: i. "The name of the proposed subdivision, which shall not be the same or similar to any name used on a recorded plat in Pitkin County, Colorado.": The name of the proposed subdivision exemption is Anthony/ Marqusee Lot Line Adjustment Plat. ii. "The name, address, and telephpn_e number of the owner/applicant, designer of the proposed subdivision, and the licensed surveyor.": The name of the owners/applicants are Charles Marqusee, Charles Marqusee, President of H & C Marqusee, Inc., Trustee and ~ulie Kathleen Anthony. The address and phone number of Mr. Marqusee's attorney is Garfield & Hecht, P. C., 601 East t-tyman Avenue, Aspen, Colorado 81611, 970.925.1936. Ms. Anthony's address and phone number is 655 Meadows Road, 925.6091. The designer of the proposed subdivision exemption is Joseph Wells Land Planning. The licensed surveyor is Alpine Surveys, Inc. iii. "The location and boundaries of the proposed subdivision.": The location and boundaries of the proposed subdivision exemption are shown on the draft Plat. iv. "A map showing the existing and proposed contours of the land in the proposed subdivision at two-foot intervals, where the slope is less than ten (10) percent, and five-foot intervals where the slope is ten (10) percent or g~'eater, dud the designation of ail areas with slope greater than thirty (30) percent.": For clarity of the other information shown, existing and proposed contours of the land in the proposed subdivision exemption are not shown on the draft Plat. The land throughout the site of the subdivision exemption is essentially flat and therefore not an issue in future development on either parcel. Since no development is anticipated at the present time, information about proposed contours is not available currently. v. "The location and dimensions of ali existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision.": The location and dimensions of all existing streets and other significant manmade features within or adjacent to the proposed subdivision exemption are indicated on the draft Plat. For clarity of the other information shown, easements, drainage areas, irrigation ditches, public and private utilities, and natural features are not shown. No such features are affected as a result of the lot line adjustment, however. There are no alleys contiguous to the subdivision exemption. vi. "The location and dimensions o/ail proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use in the proposed subdivision.": No streets, alleys, easements, drainage imp~bvements, utilities, and areas or structures reserved or dedicated for public or common use are proposed as a part of the subdivision exemption. Proposed lot lines are shown on the draft Plat. vii. "The location, size, and type o/existing vegetation and other natural landscape features, and the proposed limits o/any excavation or regrading .in the proposed subdivision, including the location o/ trees with a trunk diameter o/six (6) inches or more measured/our and one-hal/(4 1/2)feet above the ground, and an indication o/which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located.": For clarity of the other information shown, the location, siz6 and type of existing vegetation and other natural landscape features, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (4 1/2) feet above the ground and an indication of any trees which are proposed to be removed are not shown on the draft Plat. No landscaping or other site work has been planned for and any such future work is unaffected by this application. Further, the proposed limits of any excavation or regrading in the proposed subdivision exemption is not known at the present time, but will be defined at the time of any application for building or other required permits. viii. "The designation of ali areas that constitute natural hazard areas including but not limited to snowsIides, avalanche, mudslide, rocksIide and the one-hundred-year floodplain.": There are no areas within the subdivision exemption which are believed to be natural hazard areas including but not limited to snowslide, avalanche, mudslide or rockslide areas and the one- hundred-year floodplain of any strea~m. ix. "Such additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters as may be required by the planning agency or other reviewing agency.": Additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters are beyond the scope of the application and have not been requested by the Community Development Department or other reviewing agency. x. "Such other information as may be required by the planning agency or other reviewing agency in order to adequately describe proposed utility systems, drainage plans, surface ~mprovements, or other construction projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable of being const~'ucted without an adverse effect upon the sun'ounding area. ': Additional information to adequately describe proposed utility systems, drainage plans, surface improvements or other construction projects contemplated within the proposed subdivision exemption in order to assure that the proposed subdivision exemption is capable of being constructed without an adverse effect upon the surrounding area has not been requested by the Community Development Department and is beyond the scope of the application. 12 xl. "Site data tabulation listing acreage of land in the proposed subdivision, number, type and typical size of lots, structures and/or dwelling units; number of bedrooms per dwelling unit; ground coverage of proposed structures and improvements including parking areas, streets, sidewalks and open space, and the amount of open space that is being provided pursuant to Section 26.480.040(C)(5)(a).": Site data tabulation: (a). Total acreage of land in the three parcels to be merged into two parcels: 27,232 Sq. Ft. (b). Number, type and typical size of lots: Two single-family lots of 10,390 Sq. Ft. and 16,842 Sq. Ft. each. (c). Number of structures and/or dwelling units: One prindpal residence and permitted accessory structures/uses. (d). Number of bedrooms per dwelling unit: In conformance with Code at building permit issuance. (e). Ground coverage of proposed structures and improvements: In conformance with Code at building permit issuance. (f). Amount of open space that is provided pursuant to Sec. 26.480.040(C)(5)(a) (No such Code provision): No new public or common open space provided. xii. "In the case of a division of land into condominium interests, apartments or other multi-family or time-share dwelling units~ the location of all proposed structures, parking areas, structures and/or areas for Co17Imon use?: A division of the land into condominium interests, apartments or other multi-family or time-share dwelling units is not proposed. xiii. "Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch plan for such other lands shall be subm~tted,.and the proposed streets, u~iIities, easements, and other improvements of the t~'act under review shall be considered with reference to the proposed development of the adjacent holdings. ': The proposed subdivision exemption does not cover only a part of the applicants' adjacent holdings. 13 xiv. "Letters from the public or pTqvate utility companies that will service the proposed subdivision with gas, eIecD'icity, telephones, sanitary sewer, water, and fire protection facilities stating they can service the proposed subdivision. ": Letters from the public or private utility companies that will service the proposed subdivision exemption with gas, electricity, telephones, sanitary sewer, water, and fire protection fadllties are not necessary because the lots in question are pre-existing. The existing residence on Lot Two is presently connected to the named utilities. II C.l.d. GIS Data. "Ali subdivision applications shall submit the requirements specified in section 26.480.040(C) and section 2~.480.040(D) in a digital format acceptable to the Community Development Department. Base information shall be obtained from the Community Development Department. ": These references to Code provisions ("the requirements specified in Sec. 26.480.040(C) and Sec. 26.480.040(D)") are also in error. If the Community Development Department can clarify the requirement, the applicants will provide the information once any changes have been incorporated on the Plat. II C.2. Review by the City Council (Sec. 26.480.060.B). Subsequent to review by the Planning and Zoning Commission and prior to review of the development application for plat by the City Council the applicant is required to submit the following additional application contents for a subdivision review: II C.2.a. "A final plat drawn with permanent ink on reproducible linen or mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half(1 1/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include:" i. "Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, s~ctures, areas to be reserved or dedicated/or public or common use and other important /eatures. Ali curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. Ail dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit o/one (lJ in ten thousand (10,000).': Accurate dimensions for all lines, angles and curves used tc describe boundaries and streets are included on the draft Plat. All curves are the result of prior subdivisions approved in the area. All dimensions have been determined by an accurate consol surv. ey in the field which closes within a limit of one (1) in ten thousand (10,000). ii. "A systematic ident~'fication o/all lots and blocks and names for streets. ": · . The two proposed lots and the names of all existing streets in the area are identified on the draft Plat. iii. "Names o/ail adjoining subdivisions with dotted lines o/abutting lots. If adjoining land is unplatted, it shall be shown as such. ": The names of adjoining subdivisions have been identifed on the draft Plat. Most of the surrounding land was subdivided under the original Aspen Townsite Plan and additions thereto. No adjoining land is believed to be unpl~ted. iv. "An identification o/the streets, alleys, parks, and other public areas or facilities, and a dedication thereo/ to the public use. An identification o/the easements as dedicated to public use. Areas reserved /or /uture public acquisition shall also be shown. ,: No streets, alleys, parks, other public areas or facilities, easements for public use or areas reserved for fuVare public acquisition are proposed as a result of the lot line adjustment. v. 'A written survey desc~qption o/the area including the total acreage to the nearest one-thousandth (0.001) o/an acre.": A written survey description of the area including the total acreage to the nearest one-thousandth (0.001) of an acre is included on the draft Plat. vi. "A description of ail survey monuments, both found and set, which mark the boundaries of the subdivision, and description of ail monuments used in conducting the survey. The Colorado Coordinate System may be used.": A description of all survey monuments, both found and set, which mark the boundaries of the subdivision exemption, and description of all monuments used in conducting-the survey are included on the draft Plat. II C.2.b. "A statement by the [and surveyor explaining how bearings, if were determined.. A statement by Alpine Surveys, Inc. explaining.how bearings were determined is included on the draft Plat. II C.2.c. 'A certificate by the registered land sm~oeyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time.": A certificate for signature by Alpine Surveys, Inc. as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time is included on the draft Plat. II C.2.d. 'A certificate by a co~7~orate Title insurer, that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances.": A certificate by a corporate Title in,surer, certifying that the 'person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and dear of all liens and encumbrances is not required because no dedications to the public are proposed. II C.2.e. "Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission. ": Certificates showing approval of the draft Plat by the City Engineer and Community Development Director are included on the draft Plat. A certificate showing approval of the draft Plat by the Planning and Zoning 16 Commission is not required because Planning and Zoning Commission review is not required. II C.2.f. "A cerffficate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the mayor and attestation by the city clerk. ": A certificate showing approval of the draft Plat by the City Council is not required because City Council review is not required. II C.2.g. "A certificate of filing for the Pitkin County Clerk and Recorder. ': A Clerk and Recorder's certificate is included on the draft Plat. II C.2.h. "Complete engineering plans and speci'fications for ail improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements." No improvements are proposed to be installed as a result of the lot line adjustment. II C.2.i. "A landscape plan showing location, size, and type of proposed landscape features. ": No landscaping is proposed to be installed as a result of the lot line adjustment. II C.2.j. "Copies of any monument records requ&ed of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. ": Copies of any monument records required of Alpine Surveys in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time will be provided upon request. II C.2.k. "Any agreements with utility or ditch companies, when applicable. ": No agreements with utility or ditch companies are applicable to the lot line adjustment request. II C.2.1. "Any subdivision agreements as required by this Chapter. ": Since no improvements are proposed as a result of the lot line adjustment request, entering into a subdivision agreement should not be necessary. 17 Iii. AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP (CHAPTER 26.310) Outtot B was given a zone designation of Academic wheat the Final S. P. A. Development Plan for the Aspen Meadows was approved, 'one of 'a number of the' parcels at the MeadOws so designated at that time. Merger of Outlot B with the two parcels to the south, which are zoned R-15, without rezoning Outiot B would result in two relatively small residential parcels each with two different zone designations, one of which does not permit residential uses, subject to the provisions of Sec. 26.710.022 Zoning of Lands Containing More Than One U~derlying Zone District. It is the applicants' position that the presence of Acqdem ic zoning unnecessarily complicates the zoning regulations affecting these two single-family homesites. Under current circumstances, Academic zoning is not the appropriate zone designation for Outlot B, principally for two reasons. F/rst, the property has been transferred by the operator of the Academic facilities at the Meadows to a party who owns an adjacent residential parcel. Secondly, Outlot B is completely surrounded by properties which have both a Residential zone designation and a residential use. The land to the west of Outlot B, across Old Meadows Road, is zoned R-15. The four residential lots to the north and east of Outlot B, across New Meadows Road, were also zoned R-15 at the time the Final S. P. A. Development Plan for the Aspen Meadows was approved. Mr. Marqusee and Ms. Anthony own the land immediately to the south of Outlot B. The current City zoning map incorrectly locates the boundary between the R-6 zone (to the south) and the R-15 zone (to the north) along the north side of the North Street right-of-way, vacated through the applicants' respective parcels. Staff has determined that the north half of the North Street riglxt-of way would have been designated R-I5 when it Was vacated, under the requirements of the Code. In ~ght of the arguments in favor of the rezoning request, H & C Marqusee, Inc. proposes to re-zone Outlot B from Academic to R-15, as discussed below. 18 Ill A. Purpose (Sec. 26.310.010): The purpose of Chapter 26.310 is to provide a means for amending the text of Title 26 (the Aspen Land Use Code) arid the official zone district map. It is not intended to relieve particular' hardships or confer special privileges or rigl~ts on any person. Ill B. Procedure for Amendment (Sec. 26.310.020): III B.1. General (Sec. 26.310.020.A): Under the provisions of Sec. 26.310.020, an application for amendments to the official zone district map may be initiated by the persons identified in Sec. 26.304.040, Initiation of Application ,for Development Order. Sec. 26.304.040 provides that an applicatior~ for a development order may only be initiated by a person or persons owning more than fifty percent (50%) of the property ~ubject to the development application and proposed development. In this case, the sole owner of the parcel has agreed to initiate the amendments (see Exhibit Al). An application for amendments shall be processed in accordance with the Common Development Review Procedures set forth at Chapter 26.304, addressed in Section II of this application. III B.l.a. General Application Information {Sec. 26.435.080.A): The applicants' responses to the general application information required in Sec. 26.304.030, Application and Fees are included in Section II C.l.a, beginning on page 5. III B.2. Steps Required (Sec. 26.310.020.B): The applicants are not requesting initiation of the rezoning by the City Council utilizing the procedure for emergency ordinances as provided for in Sec. 26.310.020.C. Therefore, two steps, with a public hearing before the Planning and Zoning Commission and a public hearing before the City Council are required to determine if the application meets the standards for amendment to the official zone district map. Publication as spelled out in Sec. 26.304.060.E.3.a is required for the Planning and Zoning Commission hearing and notice as defined for adoption of an ordinance is required for the City Council hearing. 19 III C. Application (Sec. 26.310.030): A development application for amendment to the official zone district map shall include: III C.1. "The general application information required in Section 26.304.030.' The general application iaformation required in Section 26.304.030 ~s addressed above in this Section II C.l.a, be'ginning on page 5. III C.2. "If the application requests an amendment to the text of this Title, the precise wording of any proposed amendment.' This application does not include a request for an amendment to the text of the Aspen Land Use Code (Title 26). III C3. "If the application requests an amendment to the official zone district III C.3.a. "The present zone district classification and existing land uses of the real property proposed to be amended.' The present zone district classification of both the Marqusee parcel (Lots G & H, Block 1 and associated vacated fights-of way) and the Anthony parcel (Lots A through F, Block 7 and associated vacated rights-of-way) is R-15. The southern portion of the two parcels (vacated North Street) is incorrectly shown on the current City Zoning Map as R-6 zoning. Under the relevant Code lang.uage, however, when City land is vacated, it assumes the zone designation of the adjacent private land, which is R-15. The present zone district classification of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat is Academic The Marqusee parcel and Outlot B are presently vacant. The Anthony parcel is developed with a single family residence. llI C.3.b. "The area of the property proposed to be amended, stated in square feet or acres, or a major fraction thereof." The total area of Outlot B which is proposed to be re-zoned is 4,470 sq. ft. of land. III £3.c. "An accurate survey map of th e real property propos ed for amendment. ' An accurate map of the real property proposed to be zoned/re-zoned (Outlot B), is included on the draft Anthony Marqusee Lot Line 2O Adjustment Plat, prepared by Alpine Surveys, Inc. A reduced copy of the Plat is included as Exhibit E. III D. Standards of Review (Sec. 26.310.040): In reviewing an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: III D.1. "Whether the proposed amendment is in conflict with any applicable portions of this Title." To the best of the applicants' knowledge, the proposed rezoning from Academic to the R-15 zone district is not in conflict with any applicable portions of Title 26, the Aspen Land Use Code. III D.2. "Whether the proposed amendment is consistent with ail elements of the Aspen Area Community Plan." The proposed rezoning of Outlot B from Academic to R-15 in order to bring the zoning in line with the surrounding residential neighborhood is so limited in scope as to have little relationship to the broader goals of the Aspen Area Community Plan. In fact, the Plan itself includes the following language: "The Aspen Area Community Plan is broad in scope and does not address every issue or parcel individually. The plan should be interpreted to apply generally to ali properties and issues in Aspen and the immediately surrounding area." The Marqusee's past actions in facilitating the adoption of a redevelopment plan for the Aspen Meadows, which in turn resulted in the transfer of Ouflot B to the Marqusees, was supportive of several goals of the Plan. The proposal is not believed to be inconsistent with any of the elements of the Aspen Area Community Plan. The 1993 Aspen Area Community Plan established a blueprint for Aspen's future. The 1993 Plan focused on four major themes that were generated by citizen committees. They were: a. Revitalizing the Permanent Community; b. Providing Transportation Alternatives; 21 · c. Promoting Environmentally Sustainable Development~ and d. Maintaining Design Quality/Historic Compatibility. The 2000 Update added four new themes to help address changes in the community since the original Plan: a. Capturing the Impa~ts of Growth an__d_Change; b. Containing Development to Limit Sprawl; c. Economic Sustainability and d. Arts, Culture & Education. The applicant is including responses regarding the following sections of the 2000 Plan Update: a. Managing Growth: The proposal is within the Aspen Townsite and the Urban Growth · Boundary and the residential developmant associated with the proposal is exempt from Growth Management. The proposal is therefore consistent with the intent of the section of the 2002 Aspen Area Community Plan ("AACP") regarding Managzng Growth, which is to encourage land use to occur in such a way that it protects and enhances the existing physical and natural environment of the valley and to limit the ultimate population in the Aspen area through a Growth Management System. b. Transportation: Through the prior commitments made by the Marqusees to accommodate a realignment of Meadows Road, a significant new pedestrian trail segment was established on old Meadows Road. The proposal is therefore consistent with the intent of the section of the AACP regarding Transportation, which is to provide a balanced, integrated transportation system for residents, visitors and commuters that reduces congestion and air pollution. Walking, bicycling and transit use is promoted to help reach that goal. c. Housing: The residential development associated with the proposal is exempt from housing requirements, although approval of caretaker units may be requested in the future. The proposal is therefore not inconsistent with the intent of the section of the AACP regarding Housing, which is to create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods, is affordable and respects overall community concerns. 22 d. Economic SustainabiIity: The intent of the section of the AACP regarding Economic SustainabiIity, which is to maintain a healthy, vibrant and divers/fled year-round economy that supports the Aspen area commun/ty, to maintain and enhance existing business and cultural entities and to support and promote the "Aspen Idea" of "mind, body and spirit" is not applicable to this proposal, which does not include commercial uses. e. Parks, Open Space and the Env&onment: The intent of the section of the AACP regarding Parks, Open Space and the Environment, which is to preserve, enhance and restore the natural beauty of the envLronment of the Aspen area, to provide Iow-impact' facilities to support the sustainable use of uniml~roved areas and to support an envi'ronment that betters the lives of all, preserves our natural resources and provides opportunities and access for all to enjoy is not applicable to this residential proposal. f. Historic Preservation: The intent of the section of the AACP regarding Historic Preservation, which is to preserve Aspen's irreplaceable historic resources, is not applicable to the proposal because there are no historic resources on any of the parcels. g. Design Quality: The applicants will comply with the City's Residential Design Review when required and will therefore comply with the intent of the section of the AACP regarding Design Quality, which is to ensure the character of the built environment in A~pen is maintained through public outreach and education about quality design, histor/cal context, and the influence of the existing built and natural environments. h. Arts, Culture and Education: Through the prior commitments made by the Marqusees to accommodate a resolution of the development plan for the Aspen Meadows, the applicants have supported the intent of the section of the AACP regarding Arts, Culture and Education, which is to recogn/ze the contribution of the arts, culture and education to the quality of life in Aspen and to support the arts and the cultural community in its efforts to increase awareness of its significance to the ~uture and quality of life in Aspen. 23 LAND USE APPLICATION PROJECT: ,-' (Indicate street address, 'lot & block number, legal description 'where appropriate) A'PPLICANT: Address: Phone #: ~ .~, P, EPREESENTATIVE: Phone#: TYPE OF APPLICATION: (please check ail that apply): {~]. Conditic~n~,l Use [] Conceptual PUD [] Conceptual Historic Devt. [] Special Review [] Final PUD (& PUD Amendment) [] Final Historic Development [] Design Review Appeal [] Conceptual SPA [] Minor Historic Devt. [] GMQS Allotment [] Final SPA (& SPA Amendment) [] Historic Demolition [] GMQS Exemption [] Subdivision [] Historic Designation [] ESA - 8040 Greenline, Stream j~ Subdivision Exemption (includes [] Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane [] Lot Split [] ' Temporary Use [] Other: [] Lot Line Adjustment ~ Text/Map Amendment I=XISTING CONDITIONS: (description of existing buildings, uses,,previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) ! Have you attached the following? FEES DUE: $ ~-~-~ Wo  ' Pre-Application Conference Summary . Attachment gl, Signed Fee Agreement ' {~ Response to Attachment #2, Dimensional Requirements Form · 1~, Response to Attachment #3, Minimum Submission Contents ~ ResPonse to Attachment ~4, Specific Submission Contents J~ Response to Attachment #5, Review standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Zone District: /~_..-/g-~' ~ ' -- LotSize: 'Lot~e~ff~fl,, ~ ~, ~~& ~ ~ ,,-~~ ~ (f~ the pu~oses of calculating Floor ~ea, Lot Area may be reduced for areas wkhin ~e high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Co~ercial net leasable: Existing: ff~ Proposed: ff~ Number of residential ~ts: Existing: ' / .Proposed: ~~ . ' Number of bedrooms: Existing: ~ proposed.· ~ ~/ ~ Proposed % of demolition ~istoric properties 0nl}):~ .'. P~ncipal bldg. heiaht: E~s,in~:~Xllow~le: ~ PropoSed: Access. bldg. height: Existing.'~Allowable: ~),,~Proposed:~ On-Site p~king: Existing: ~/d .Required: ~ ~ '~ Proposed: % Open Space: Existing.'.' ~ . Required: ~ .~ ~ Proposed: ~ Front Setback: Existing..~ Required: ~ ~ Pr°Po}ed.· Re~ Setback: Existing.' ~ Required: ~ ~ / Proposed: Combi~edF~: Exi~ting.'~..~equired: ~ ~ ~ro~osed: Side Setback: Exist]ng: ~Required: ~ t Propose& / Side Setback: Existing:. ~ Required: ~roposed.'~ ~ations requested: