HomeMy WebLinkAboutagenda.council.regular.20070326
CITY COUNCIL AGENDA
March 26, 2007
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Proclamation - Aspen History Week
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 Comments
b) Councilmember Comments
c) City Manager Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #20,2007- LEAF contract
b) Resolution #21,2007- Contracts - Vehicle Replacement/Snow Blower
c) Resolution #22, 2007- Contracts - Vehicle Replacement/Pickups
d) Resolution #23,2007- Contract - Burlingame Trail Construction
e) Resolution #24, 2007 - Contract - Web Site Consulting Services
f) Resolution #25, 2007 - Contract - ACRA Service Agreement
g) Request for Funds""", Aspen Grove Cemetery
h) Request for Main Street Flags - Earth Day
i) Minutes - March 12, 13,20,2007
VII. First Reading of Ordinances
a) Ordinance #8, 2007 - Aspen Highlands Village Subdivision P.H. 4/9
VIII. Public Hearings
a) Ordinance #7, 2007 - Code Amendment - Urban Wildfire
b) Ordinance #5,2007 - Lodge at Aspen Mountain PUO/ Subdivision
c) Ordinance #6, 2007 - Isis Theatre Change in Use - Continue to 4/2 at 4 pm
IX. Action Items
a) Resolution #26, 2007 - Ballot Language - Little Cloud/Barbee Open Space
X. Executive Session
XI. Adjournment
Next Regular Meeting April 9. 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
VIa,
TO:
Mayor and Council
FROM:
Richard Pryor
THRU:
Loren Ryerson
DATE:
March 12th 2007
RE:
LEAF (Law Enforcement Assistance Fund)
SUMMARY:
The Aspen Police Department together with the Pitkin County Sheriffs Office, and Snow mass
Village Police Department, received grant monies from the State of Colorado in 2003, 2004
& 2005. The Aspen Police Department applied for funding through this same grant for 2007
and have received notification of an award of $20,000 (please see attachment "A"). The
three agencies will continue to work in partnership in 2007 to increase enforcement of laws
pertaining to those individuals driving under the influence of alcohol and/or drugs (please
see MOU attachment "B".)
PREVIOUS COUNCIL ACTION:
Previous recent LEAF grant contracts approved in 2003, 2004, & 2005.
DISCUSSION:
For 3 of the last 4 years the Aspen Police Department, Pitkin County Sheriff, and Snowmass
Village Police Department have worked together using LEAF funds to increase enforcement
against impaired drivers on our roads. 2006 was a mandated "rest" year from the LEAF
grant. LEAF funding enables all three agencies to dedicate officers to this issue rather than
rely on availability of discretionary time. Resort communities such as ours deal with a wide
variety of residents and tourists who expect that we keep our roads as safe as we can. High
volumes of traffic and inclement weather conditions can make routine travel hazardous
enough. The removal of some of those who drive impaired, as well as the disincentive for
the impaired to drive as a result of increased media coverage related to LEAF activities, can
make our roads safer for all.
FINANCIAL IMPLICATIONS:
As defined in the contract, revenue in the amount of $20,000 will be received (please see
attachment "C".) Approximately $6,667 of this will be allocated to Aspen Police overtime,
with the remainder passed through to Snowmass Village and Pitkin County to reimburse
them for their involvement. A supplemental to the 2007 budget is being submitted to
enable the Aspen Police Department to expense these funds.
ENVIRONMENTAL CONSIDERATIONS:
Increased patrol means some increased fuel usage. $6,666 in overtime equates to
approximately 20 shifts or a extra 600 miles driven and approximately 55 gallons of fuel
used. This is in line with previous LEAF enforcement periods.
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RECOMMENDATION:
The State requires Council adopt a formal resolution approving the terms of the contract
before the funds will be made available. Adoption of the consent calendar will adopt
Resolution # 20, 2007, approving the LEAF contract with CDOT.
ALTERNATIVES:
There are no alternatives for the spending of these funds. They are to be allocated
specifically to overtime for police officers to conduct increased impaired driving
enforcement.
PROPOSED MOTION:
"I move to approve Resolution # 20." P ase see attachment "D".
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RESOLUTION # 20
SERIES OF 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND
(LEAF) CONTRACT
WHEREAS, the City of Aspen, on behalf of the Aspen Police Department,
has submitted an application to the Colorado Department of Transportation,
Office of Transportation Safety for funding a LEAF project for the enforcement of
laws pertaining to the driving under the influence of alcohol or other drugs,
pursuant to :A3-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and
WHEREAS, the State has approved an application and has prepared the
LEAF Contract which provides $20,000; and
WHEREAS, the City of Aspen has the authority and responsibility to fund
the Aspen Police Department and to sign contracts on behalf of the Aspen Police
Department; and
WHEREAS, a resolution by the City of Aspen formally approving the LEAF
Contract and authorizing the proper signature to be affixed to the Contract
indicating such approval is required by the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED, the City of Aspen hereby
approves the term, conditions and obligations of LEAF Contract and hereby
authorizes the appropriate authority to sign the LEAF Contract on behalf of the
City of Aspen.
(:.''-'\1 )
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Name
Attest
Title
Title
Attachment "e"
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 07 HTS XXXXX
Inter-Governmental Contract
THIS GRANT CONTRACT, made this day of ,2007 by and
between the State of Colorado, for the use and benefit of the Department of Transportation,
Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222,
hereinafter referred to as the State, and the City of Aspen, Aspen Police Department, hereinafter
referred to as "the Contractor".
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 403, Appropriation Code 307, Orgn 9813, GBL Number LF-82, Function
8001, FEIN Number 84-6000563; and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State is authorized under Sections 43-5-401 and 24-42-103, C.R.S., as
amended, to coordinate with the federal government and other entities to develop and implement
plans and programs involving all aspects and components of traffic safety in Colorado; and
WHEREAS, pursuant to Title 23 United States Code, Sections 402, 408, and 410, and to 23
Code of Federal Regulations, Parts 924, 1204 and 1205, the State has received approval and grant
funding for implementation of its Fiscal Year 2003-2005 Integrated Safety Plan (ISP), from the U.S.
Department of Transportation, National Highway Traffic Safety Administration and Federal
Highway Administration; and
WHEREAS, the ISP contains programs and activities which the State has determined, in
accordance with applicable criteria, are designed to reduce the frequency and severity of traffic
crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and
WHEREAS, the State solicits and reviews grant Applications in accordance with applicable
grant program criteria and determines which agencies or entities would be most appropriate in
completing the objectives, conducting the activities and providing the services required by the ISP;
and
WHEREAS, the Contractor has submitted a grant Application to conduct certain activities
approved in the 1SP, which Application has been approved by the State; and
WHEREAS, the Contractor, a political subdivision of the State, has the technical ability to
properly complete the objectives and activities of the Application, as described in Attachment B of
this contract; and
WHEREAS, it has been determined no State agency can reasonably conduct the activities
and provide the services required of the Contractor; and
WHEREAS, this contract is executed by the State under authority of Sections 43-5-401 and 24-
42-101, C.R.S., as amended, and is executed by the Contractor under authority of (Corporation: Section
7-22-101, C.R.S., as amended, together with a copy of the bylaws or articles of incorporation verifying
the undersigned has authority to bind the Contractor, and an attestation of the Contractor's signature by
the Corporate Secretary; Partnership: the signature of the general partner, attested to by another partner;
Individual: the notarized signature of the Contractor); and
WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual signatory
below has the authority to sign this Contract on its behalf.
NOW THEREFORE, it is hereby agreed as follows:
1. The following Attachments and other documents are incorporated as terms and conditions
of this Contract.
A. Attachment A - Federal Regulations
B. Attachment B- Contract Objectives Plans and Evaluation
C. Attachment C- The Project Application
D. Attachment D- Contract Management Manual
The Contractor shall comply with all such terms and conditions in the performance of the Work.
2. If a conflict occurs between the terms and conditions of this Contract proper and the attachments
hereto, the priority to be used to resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment B- Contract Objectives and Evaluation
D. Contract Management Manual
E. The Project Application
3. The Contractor shall perform the Work (carry out the program, conduct all the activities, and
provide the services) described in the Contract Objectives and Evaluation attached hereto as Attachment B.
4. In the performance of the Work, the Contractor shall comply with all applicable administrative
procedures and contract requirements contained in the October 1, 1994 Colorado Highway Safety Contract
Management Manual.
5. The Contractor shall submit periodic and final reports to the State according to the requirements
of the Contract Manual and the reporting criteria set forth in page X of Attachment B.
6. The Contractor shall comply with the budget for this contract as set forth in page X of
Attachment B. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount.
7. The total estimated program costs shall be $ 20,000. Subject to the conditions of this contract,
the State and Contractor shall participate in providing this amount as follows:
A. State share (federal funds)
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shall not exceed
B. Contractor share
(estimated in-kind services as
detailed in application)
C. Total estimated program costs
$
$
20,000
o
$
20,000
The State share shall be comprised entirely of federal grant funds made available to the State. The State share
amount of this Contract shall not be exceeded without benefit of a fully executed written supplemental contract, or
other appropriate contract modification tool, executed prior to the incurrence of costs in excess of that amount. If
the actual total program costs are less than the estimated total program costs, including as a result of the
contractor's failure to supply all of the estimated contractor share, the state's share shall be reduced
proportionately. The term "proportionately" means the ratio of actual expenditures to total planned expenditures
for both State and contractor shares. The contractor may increase the contractor share without further State
approval, but this increase shall not increase the State share.
The Contactor is prepared to provide its match share of the cost.
8. PAYMENT TERMS. The State shall reimburse the Contractor for the satisfactory
performance of this Contract exclusively from funds made available for this contract under the Highway
Safety Act, Title 23, U.S.C. Section 402. Such reimbursement shall be only as provided in the Contract
Manual. Such reimbursement shall be contingent upon the contribution by the Contractor of its
participating share as provided herein, and shall be contingent upon the continuing availability of federal
funds under the Highway Safety Act, Title 23, U.S.c. Section 402, for the purposes hereof.
A. The State shall reimburse the Contractor's reasonable, allocable, allowable costs of
performance, as defined herein, of the Work, not exceeding the maximum total amount described above.
(1) To be eligible for reimbursement, costs incurred by the Contractor shall be:
(a) in accordance with the provisions of Attachment A and with the terms and conditions of this
Contract;
(b) necessary for accomplishment of the Work;
(c) . reasonable in amount for the goods or services purchased;
(d) actual net cost to the Contractor (i.e., the price paid minus any refunds, rebates, or other items
of value received by the Contractor that have the effect of reducing the cost actually
incurred);
(e) incurred for Work performed subsequent to the effective date of this Contract; and
(f) satisfactorily documented.
(2) The Contractor shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its
current accounting scheme) to assure that project funds are expended and costs accounted for in a manner
consistent with this Contract and project objectives.
(a) All allowable costs charged to the project, including any approved services contributed by the
Contractor or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in detail the nature of the charges.
(b) Any check or order drawn up by the Contractor for any item which is or will be
chargeable against the project account shall be drawn up only in accordance with a properly signed
voucher then on file in the office of the Contractor, which will detail the purpose for which said check or
order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
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documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and
apart from all other such document.
B. Unless otherwise provided, and where appropriate:
(I) The State shall establish billing procedures and reimburse the Contractor, based on the
submission of monthly statements in the format prescribed by the State. To be considered for payment,
billings for payment pursuant to this contract must be received within 60 days after the period for which
payment is being requested and final billings on the contract must be received by the State within 60 days
after the end of the contract term.
(2) Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds encumbered for the purchase of the described services. The liability of the State, at any
time, for such payments shall be limited to the amount remaining of such encumbered funds.
(3) In the event this contract is terminated, final payment to the Contractor may be withheld
at the discretion of the State until completion of final audit.
(4) Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be
recovered from the Contractor by deduction from subsequent payment under this contract or other
contracts between the State and the Contractor, or by the State as a debt due to the State.
(5) The Contractor shall submit requests for reimbursement monthly, stating in the invoice a
detailed description of the amounts of services performed, the dates of performance, and amounts and
description of reimbursable expenses.
(6) The Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments (the "Common Rule"), and the applicable OMB Circulars cited therein,
shall govern the allowability and allocability of costs under this contract.
(7) Any costs incurred by the Contractor that are not allowable under the Common Rule
shall be reimbursed by the Contractor, or offset against current obligations due by the State to the
Contractor, at the State's election.
9. The term of this Contract shall begin on the effective date and shall terminate on
XXXXXXXXXX.2007. The effective date of this Contract shall be the date the required signature
approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing
above. Contractor agrees that any contract work performed or costs incurred prior to the effective
date shall not be compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under this Contract shall
meet all applicable state and federal requirements, including the requirements in Title 49, C.F.R.
Section 18.36 concerning competitive procurements, and must be approved by the Director, Office of
Transportation Safety, prior to execution. Contractor shall not assign this Contract without prior
written approval of the State: any assignment without such approval shall be void.
11. a) Termination Due to Loss of Funding. The parties hereto expressly recognize the
Contractor is to be paid, reimbursed, or otherwise compensated solely with federal funds provided to
the State for the purpose of contracting for the services provided for herein. Therefore, the Contractor
expressly understands and agrees all its rights, demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State. In the event such funds or any part
thereof are not received by the State, the State may immediately terminate or amend this Contract.
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b) Termination for Cause. If, for any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of
the covenants, Contracts or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least 30 days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Any provision of this contract to the contrary notwithstanding, in the event termination of this contract
becomes necessary, in the state's sole discretion, to comply with any court order concerning state
personal services contracts generally or this contract, specifically, this contract may be terminated by
the state immediately upon the giving of notice to contractor without further obligation of the state.
c) Termination for Convenience. The State may terminate this Contract at any time
the State determines the purposes of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice
of termination to the Contractor and specifying the effective date thereof, at least 20 days before the
effective date of such termination.
12. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22,
Title 39, CRS; (c) unpaid loans due to the student loan division of the Department of Higher Education;
(d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts
owing to the state or any agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgement as certified by the controller.
13. Federal Funding. This contract is subject to and contingent upon the continuing
availability of Federal funds for the purposes hereof. The parties hereto expressly recognize that the
contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State by the
Federal Government for the purpose of contracting for the services provided for herein, and therefore, the
contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this contract are contingent upon receipt of such funds by the State. In the event that such
funds or any part thereof are not received by the State, the State may immediately terminate this contract
without liability, including liability for termination costs.
14. The Contractor shall maintain a complete file of all records, documents,
communications, and other written materials which pertain to the operation of programs or the delivery
of services under this contract, and shall maintain such records for a period of three (3) years after the
date of termination of this contract or final payment hereunder, whichever is later, or for such further
period as may be necessary to resolve any matters which may be pending. All such records, documents,
communications and other materials shall be the property of the State, and shall be maintained by the
Contractor in a central location and the Contractor shall be custodian on behalf of the State.
15. The Contractor, and its subcontractors, shall permit the State, Federal Government, or
any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy
and/or transcribe Contractor's records during the term of this contract and for a period of three (3) years
following termination of this contract or final payment hereunder, whichever is later, to assure
compliance with the terms hereof, or to evaluate the Contractor's performance hereunder. The Contractor
shall also permit these same described entities to monitor all activities conducted by the Contractor
pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem
5
necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of
program data, special analyses, on-site check, or any other reasonable procedure.
16. All state and local government and non-profit organization Contractor's receiving more
than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit
Act Amendment purposes, shall comply with the audit requirements ofOMB A-133 (Audits of
Institutions of Higher Education and Other Non-profit Organizations), whichever applies. The Single
Audit Act Amendment requirements that apply to Contractor's receiving federal funds are as follows:
. 1fthe subcontractor expends less than $500,000 in Federal funds (all sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
. If the subcontractor expends more than $500, 000 in Federal funds, but only received Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit may be
performed. This audit will in only examine the "financial" procedures and processes for this
program area.
. If the subcontractor expends more than $500,000 in Federal funds, and the Federal funds are from
multiple sources (FT A, HUD, NPS, etc.,) then the Single Audit Act applies, which is an audit on the
entire organization/entity.
. Single Audit can only be conducted by an independent auditor, not by an auditor on staff.
. Audit requirements are laid out in Subpart E - Auditors
. Audit is an allowable direct or indirect cost.
17. Rights in Data, Documents, and Computer Software
A. State Ownership. If State funds are used under this contract, any software, research,
reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by
contractor in the performance of its obligations under this contract shall be the exclusive property of
the State and all such materials shall be delivered to the State by the contractor upon completion,
termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its
writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials
used for any purpose other than the performance of contractor's obligations under this contract without
the prior written consent of the State; provided, however, that contractor shall be allowed to use non-
confidential materials for writing samples in pursuit of the work. The ownership rights described
herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare
derivative works, or otherwise use written works.
B. Federal Reserved Rights. If Federal funds are used under this contract, except for its
own internal use, the contractor shall not publish or reproduce any data/information, in whole or part,
that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered
under this contract, nor may it authorize or permit others to do so, without the written consent of the
federal government, through the State, until such time as the state/federal government may have
released such data/information to the public. As authorized by 49 C.F .R. 18.34, the federal
government, through the State, reserves a royalty free nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize the State and others to use: a) any work
developed under this contract or a result in third party contract irrespective of whether it is
copyrighted; and b) any rights of copyright to which a contractor, subrecipient, or third party contractor
purchases ownership with federal assistance. The State also reserves an identical license for its use.
C. Patent Rights. If any invention, improvement, or discovery ofthe contractor or any of its
subcontractors is conceived or first actually reduced to practice in the course of or under this contract
work, and if such is patentable, the contractor shall notify the State immediately and provide a detailed
written report. The rights and responsibilities of the contractor, third party contractors, and the State
with respect to such invention, improvement, or discovery will be determined in accordance with
applicable state (and/or, if federal funds are used under this contract, federal) laws and regulations in
existence on the date of execution of this contract which define contractor title, right to elect title,
state/federal government "march in" rights, and the scope ofthe state/federal government's right to a
nonexclusive, irrevocable, paid-up license to use the subject invention for its own. The contractor shall
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include the requirements of this paragraph in its third party contracts for the performance of the work
under this contract.
18. APPLICABLE LAW. The Contractor shall at all times during the execution of
this contract strictly adhere to, and comply with, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be amended, which are
incorporated herein by this reference as terms and conditions of this contract. The contractor
shall also require compliance with these statutes and regulations in sub grant Contracts permitted
under this contract. A listing of federal laws that may be applicable, depending on the Contractor
work responsibilities under this contract, are described in A TT ACHMENT A.
19. Options: Additional Services/Performance Extension
A. The State may increase the quantity of goods/services described in paragraph 3 at the
unit prices established in the contract. The state may exercise the option by written notice to
the contractor within ~ days before the option begins in a form substantially equivalent
to attachment~. Delivery/performance of the goods/service shall continue at the same
rate and under the same terms as established in the contract.
B. The State may require continued performance for a period of ONE YEAR for any
services at the rates and terms specified in the contract. The state may exercise the option by
written notice to the contractor within 30 days prior to the end of the current contract
term in a form substantially equivalent to attachment ~.
"If the state exercises this option, the extended contract will be considered to include this
option provision. The total duration of this contract, including the exercise of any options
under this clause, shall not exceed ~ years."
SPECIAL PROVISIONS
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid
until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(S.S}. Financial obligations of the State payable after
the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including
costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
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protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq.,
or the Federal Tort Claims Act, 28 U.S.c. 2671 et seq., as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder
as an independent contractor and not as an employee. Neither contractor nor any agent or employee
of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall
pay when due all required employment taxes and income taxes and local head taxes on any monies
paid by the state pursuant to this contract. Contractor acknowledges that contractor and its
employees are not entitled to unemployment insurance benefits unless contractor or a third party
provides such coverage and that the state does not pay for or otherwise provide such coverage.
Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in
force workers' compensation (and provide proof of such insurance when requested by the state) and
unemployment compensation insurance in the amounts required by law and shall be solely
responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all
applicable State and federal laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant
thereto, shall be applied in the interpretation, execution, 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 person or which is otherwise in conflict with said laws, rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in part
shall be valid or enforceable or available in any action at law, whether by way of complaint, defense,
or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract, to the extent that this contract is capable of execution. At
all times during the performance of this contract, Contractor shall strictly adhere to all applicable
federal and State laws, rules, and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202
(1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State
agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title
39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid
debts owing to the State or its agencies, as a result of final agency determination or reduced to
judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBmON. Governor's Executive Order D 002 00.
No State or other publiC funds payable under this contract shall be used for the acquisition, operation,
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies that, for the term of this contract and any extensions,
Contractor has in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Contractor is in violation of this paragraph, the State may
exercise any remedy available at law or equity or under this contract, including, without limitation,
immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver
that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever
in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL AUENS - PUBUC CONTRACTS
FOR SERVICES AND RESTRICTIONS ON PUBUC BENEFITS. CRS 8-17.5-101 and 24-76.5-
101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor
shall not knowingly employ or contract with an illegal alien to oerform work under this contract or enter
into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to oerform work under this contract. Contractor
8
represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through
participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (ii) otherwise shall comply with the
requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment.
Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for
termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (Ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one
form of identification required by CRS 24-75.5-103 prior to the effective date of this contract.
Revised October 25, 2006 Effective date of Special Provisions: August 7, 2006
Signature Page
THE PARTIES HERETO HAVE EXECUTED TillS CONTRACT
CONTRACTOR:
STATE OF COLORADO:
Bill Ritter, Jr. Govemor
City of Aspen
By
Executive Director, Department of Transportation
84-6000563
Social Security Number or FEIN
Department/Agency or Higher Education Institute
LEGAL REVIEW:
Signature of Authorized Officer
JOHN W SUTHERS, ATTORNEY GENERAL
9
By
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate attestatioJ1 is required.)
Attest (Seal) By
(Corporate Secreta!)' or Equivalent, or Town/City/County Clerk)
(Place corporate seal here)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Date
Effective Date: July I, 2003
Attachment A:
FEDERAL REOillREMENTS
Federal laws and regulations that may be applicable to the Work include:
A.O The "Uniform Administrative Requirements for Grants and Cooperative Contracts to State
and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18, except to the
extent that other applicable federal reqnirements (including the provisions of 23 CFR Parts 172 or
633 or 635 - see below) are more specific than provisions of Part 18 and therefore snpersede snch
Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: .
1) the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36( d);
2) the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any subcontracts in the manner, and to the extent required by, applicable provisions of section
18.30;
3) the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local Agency/Contractor
10
compliance with section 18.30 change order procednres, and with 18.36(d) procnrement
procedures, and with 18.37 subgrant procedures, as applicable;
5) the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of
Labor regulations (41 CFR Chapter 60) (These provisions apply to all constrnction contracts
awarded in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U.S.c. 874) as supplemented in Department of LOabor
regulations (29 CFR Part 3) (These provisions apply to all contracts and subgrants for construction
or repair).
D. The Davis-Bacon Act (40 U.S.c. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (These provisions apply to construction contracts in excess of $2,000
awarded by grantees and subgrantees when required by Federal grant program legislation. This
act requires that all laborers and mechanics employed by contractors or sub-contractors to work
on construction projects financed by federal assistance mnst be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.c. 327-
330) as supplemented by Department of Labor regn1ations (29 CFR Part 5). (These provisions
apply to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of Omechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.c.
1857(h), section 508 ofthe Clean Water Act (33 U.S.c. 1368). Executive Order 11738, and
Environmental Protection Agency regnlations (40 CFR Part 15) (contracts, subcontracts, and
subgrants of amounts in excess of $100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.
L. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-ll0,
whichever is applicable.
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political pnrposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
J. 42 USC 6101 et seQ. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80
et. seQ.. These acts require that no person shall, on the grounds of race, color, national origin, age,
or handicap, be excluded from participation in or be subjected to discrimination in any program
or activity funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117,
12131-12134,12141-12150,12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611.
L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (This statute applies if
11
the contractor is acquiring real property and displacing households or businesses in the
performance ofthis contract.)
M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et sea.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sectious 6101 et. sea. aud its implementing
reguIatiou, 45 C.F.R. Part 91; Sectiou 504 of the Rehabilitation Act of 1973, 29 U.S.c. 794, as
amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts". If Enl!ineerinl! and Desil!n work is to be Derformed under this contract. GRANTEE
shall obtain from CDOT and comDlv with CDOT's "PROCEDURES TO IMPLEMENT
FEDERAL-AID PROJECT CONTRACTS WITH PROFESSIONAL CONSULTANT SERVICES"
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts" .If Construction work is to be Derformed under this contract. GRANTEE shall obtain
from CDOT and comDlv with FHW A Form-1273.
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
12
SAMPLE OPTION LETTER
Attachment G
Date:
State Fiscal Year:
Option Letter No.
SUBJECf: [Option to Renew]
[Amount of goods/Level of service change]
In accordance with Paragraph(s) of contract routing number . [ your Agency
code here ], between the State of Colorado Department of or Higher Ed Institution [ your agency name
here ], [ division], and
[Add Contractor's name here]
covering the period of [-, 20_ through-, 20~ ] the state herby exercises the option for
[an additional one year's performance period at the (cost) (price) specified in Paragraph _.]
and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in
Paragraph/Schedule/Exhibit .]
The amount of funds available and encumbered in this contract is [increased/ decreased] by
[$ amount of change] to a new total funds available of [ $ ] to satisfy services/goods
ordered under the contract for the current fiscal year [ FY 0_]. The first sentence in Paragraph
is hereby modified accordingly. The total contract value to include all previous amendments,
option letters, etc. is [$ ].
APPROVALS:
State of Colorado:
Bill Ritter Jr., Governor
By:
[Executive Director/College President]
Colorado Department of
Date:
or Higher Ed Institution
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is
not valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to begin performance until the contract is signed and dated
below. If performance begins prior to the date below, the State of Colorado may not be
obligated to pay for goods and/or services provided.
State Controller
LESLIE M. SHENEFELT
By:
Cheryl L. Traff, CDOT CONTROLLER
Date:
13
II
THE CITY OF ASPEN
ASI'6N POLlce Di:PAR'J'MENT .
March 13,2007
The Pitkin County Sheriffs Departinent and the Snowmass Village Police Department
have read and understand 'the attached contract, Application # 07,01.11.12, Contract
Routing Number: 07 HTS XXXXX; Agency NumberHAA, between the Colorado
Department of Transportation and the City of Aspen, Police Depmtment, Aspen,
Colorado. . '
The Pitkin County Sheriff's Department and the'Snowmass Village Police Department
agree to. abide by all aspects of the above listed contract, with respect to cooperating with'
the Aspen Police Department in fulfilling the obligatiol1s of this contract.
The Aspen Police Depmtment will disburse funds to the Pitkin County Sheriffs
Department and the Snowmass Village Police Department when made available by the
Colorado Department of Transporl:fition. These funds will amount to a maximum of:
$6;667 for the Snowmass Village Police Department, and
$6,666 for the Pitkin County Sheriffs Department.
~
~/
C:/, -1:7 ~ c:J ;:2
Bob Braudis
Pitkin County Sheriff
Date
.~\'-L
Art Smythe
Snowmass Village Police Chief
ot,~D"
Date
. 506 llAST MAIN, SUlTa: 102 . ASPEN, toWltAoo. 81611 . EM~RCENCY 911 . AUMINlSfRAnoN 970.920.5400 . PAX 970.920.5409
PrlnlN1lIIlKydrdp.>per
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Englneer1ng Branch
Office of Transportation Safety
4201 East Arkansas Avenue,
Denver, CO 80222
~
---
IIS'AKTHI!flfOf~ATlllN
December 11, 2006
Mr. Chris Womack
Aspen Police Department
506 E. Main Street
Aspen, CO 81611
RE: 2007 CDOT Safety Project Application, 07.01.11.12
DearMr. Womack:
We are pleased to inform you that your organization has been awarded a 2007 grant for $20,000. We
appreciate the time and effort you put forth in preparing your application and proposed activities.
Your project manager, Robin Rocke, will be contacting you to fmalize grant award procedures. Please
Note that this grant award is f()r 2007, th.erefore. you are not authorized to conduct any proposed
activities nor spend any ofthese funds until we negotiate with you the terms, conditions, and
expectations in writing. We will do this with a formal contract and when finalized these grant funds will
be made available for your use.
We greatly value your interest and dedication to traffic safety and are looking forward to working with
you.
Sincerely,
g~tu:& [J. a~~p
abrie1a Vidal
afety and Traffic Engineering Branch Manager
cc:
Henry Sandoval, Safety PrograinsManager
Kirsten Jahn,. Occupant protectiollprogram MllI1ager or
Glenn Davis, Impaired Driving ProgfamManag~~,
Robin Rocke, Project Manager
MEMORANDUM
Vlb
TO:
Mayor and City Council
FROM:
Jerry Nye, Streets Superintendent
THRU:
Randy Ready, Asst. City Manager
THRU:
Phil Overeynder, Public Works Director
DATE:
March 14,2007
RE:
Contract Approva12007-6FM for the purchase of one (1) Kodiak
snow blower for the Streets Department
SUMMARY: Staff recommends the approval of contract 2007 -6FM for the purchase of
one (1) Kodiak snow blower, model SC 3644 from Kodiak Northwest.
PREVIOUS COUNCIL ACTION: City Council approved the 2007 Asset Management
Plan (AMP) as part of the 2007 budget.
BACKGROUND: This purchase is the result of sole source procurement through
Kodiak Northwest Company.
DISCUSSION: The Streets Department is currently using two Kodiak model SC4844
snow blowers. These machines were specially built for the purpose ofloading dump
trucks for our snow removal operation, each of these two snow blowers are on a lO-year
replacement cycle and it is time to replace the oldest snow blower. The snow blowers are
self-contained attachment units that couple to the front of our 950 wheel loader. There
are electronic controls mounted in the wheel loader cab that attach to the snow blower
attachment units, and there is a quick release coupler on the wiring system between the
wheel loader and the snow blower attachment unit, which allows one snow blower unit to
be swapped to the other back up snow blower unit in about 5 minutes if one unit breaks
down. With this back up snow blower system that interchanges, the break down time is
reduced to minutes instead of hours. Without the back up snow blower attachment unit to
change out when there is a break down, staff would have to pull the snow blower off the
wheel loader and install a loader bucket on the wheel loader and have the other 2 wheel
loaders which are doing their snow plow routes stop and help load the snow hauling
trucks while the snow blower is getting repaired. This setback costs the department in
employee overtime, rental truck hourly costs and delays in getting the highway and
downtown core street areas clear of the windrowed snow piles.
FINANCIAL IMPLICATIONS: The Asset Management Plan has the funding in the
fleet replacement for the Kodiak snow blower for an estimated budget price of
$150,000.00. The price for the new snow blower is $172,225.00. The lO-year old snow
blower trade in value quoted price from Kodiak Northwest is $22,235.00. CDOT is in
the process of purchasing this snow blower from the City of Aspen for $22,235.00, the
quoted trade in from Kodiak, so they will be able to be more efficient in their snow
removal along the roadway and the overpass area in the Snowmass Canyon.
RECOMMENDATIONS: Staff recommends the approval ofthe contract 2007-6FM
for the purchase of one (1) Kodiak snow blower model SC3644.
ALrERNATIVES: Staff does not believe there are viable options such as opening the
bid up since this equipment is specially made and is only available through Kodiak
Northwest. Ifthe snow blower is not replaced, it would result in increase operating costs
and lower service levels as described above.
PROPOSED MOTION: I move to approve Resolution # 2.l ,of2007.
CITY MANAGER COMMENTS:CITY MANAGER COMMENTS:
"'"'~"-----"----.-.
-
Page 1 of 1
Willy McFarlin
_ __ __.___.^"__________ ____m..._____.....____________________..._____ ______ ______
From: Willy McFarlin
Sent: Thursday, February 22,20078:13 AM
To: 'Brek Pilling'
Cc: Jerry Nye
Subject: RE:
Brek, we have been dealing with CDOT on our old blower and haven't got back with you. It looks we will be going
with the LMSC3634. I was just wanting to make sure that this price is going to be the one to stick with. I also
wanted to conferm that this blower will be coming just like the ones that we have now. With the push plate across
the front. It will have the same type of controls. The ones that we have now have everything mounted to it's own
control box with the quick disconnect wire loom. And with the ACS pro series coupler. I can start the purchasing
process on our end when you conferm the price. I will send you a set of contracts for you to sign and then it will
have to go through our approval process before we can order it.
Thanks
Willy
From: Brek Pilling [mailto:Brek.Pilling@kodiaknorthwest.com]
Sent: Wednesday, January 17, 2007 10:18 AM
To: Willy McFarlin
Subject:
Willy,
Here is what you need to replace it on the bid specs (LMSC4844 with 275hp John Deere 6068H engine or CAT
3126 engine).
Budget price on LMSC4844 @275hp: $178,900.00
I think CDOT will pay you more for your trade in than we would be able to so you should try to get them to buy it
from you first Let me know what they will give you and I will tell you if it is fair market or not.
Here are a couple of other options as well to consider. To get almost as much snow blowing capacity as the one
you have you could get the LMSC3636 with the same 275hp in it. It will be less money than the LMSC4844 with
the same horse power.
Budget Price LMSC3636@ 275hp: $155,550.00
My best recommendation is to go with the LMSC3644 (gives you the same fan size as the current one you have
now, and 36" ribbons, which equates to a 48" cutting depth). We put a 350hp engine on it and it will give you
more capacity than the one you have currently and sounds like it will give you enough height to get your 4 foot
windrows and it will be lighter on the loader.
Budget Price LMSC3644 @ 350hp: $172,225.00
Thanks
Brek
3/22/2007
~
03/22/2007
10:02
2084388502
KODIAK NORTHWEST INC
PAGE
01
KODIAK@NORTIHWEST
SERIES LMSC3644-108
Loadennount / Self Contained
PERFORMANCE DATA
ROTARY PLOW
ROTARY PLOW
CLEARING WIDTH
108 INCHES
DRIVE
Mechanical
PRIMARY
RIGHT ANGLE OEAR BOX
Rockwell Hypoid Gearing
Kodiak Model 352SC
Cl.-F.ARlNG HEIGHT
50 INCHES
CLEARING CAPACITY
2700Ton. Per Hour
TYPE
2 Slog.
Center Drive
CENTER DRIVE
RIGHT ANGLE GEAR BOX
Rockwell Hypoid Gearing
Kodiak Model 3SOCD
CLUTCH
Air (}pentod
WlC.HITA Model PO-214
CASTING DISTANCE
100' (Min.)
CONSTRUCTION
DROP BOX
4" Wide HYVO Chain Drive
'-OWER CUTTING EDGE.
112" X 8" High Carboo S"el
SHOES (3)
AdjUSt3blc Heighl Shoe QI. Tim
Fitted Whit Bol1-<>8 Alloy St<<:1
Mushroom Type: Shoes.
Kennametals Mode. PBSrv 375A
H...."Y duty construction with FIRST STAGE HELICAL REEL
slIflic.ienf reinforcement to 36" Diameter T.I Steel FlightIng
withstand
.evCftl ,hoc:k and prolonged load SECOND STAGE IMPELLER
fo~5 exerted throughout the unit. 44" Diameter, 16" .Deep
R:2diltor mounted directly 10 mAin 4 BladC$-clockwisc rotation
~ with rubber typO vibration Oal right ond 4(ldcg. left ,ide
is~fator;.
OPTIONS, SPOl casting chete
ROTARY PLOW
TMPELLER HOUSING
Directs snow to the left or to the right
and 10 any desired RngJ. or dischotge
du'ough an intermediate vertical .ore
of no 1... than 140 degree..
CONTROLS
All control, to be Io<aled in the loader
c8b and shall be readily ACCt:~qibfc to
one operalor. All control, are legihly
lobeled and Illuminated.
ENGINE
-
John Deere
MODEL 6WO (300HP)
Electronic
TYPE
Turbocharged
Diesel
KODIAK NORTIlWEST
P.o. "OX 370 PAUL, IDAHO 83347
~"'^""
_IN
""^
PHONE (208) 438~8248
FAX (208)438-8502
RESOLUTION # 2J
(Series of 2006)
A RESOLUTION APPROVING A CONTRACT TO BETWEEN KODIAK NORTHWEST
COMPANY, AND THE CITY OF ASPEN, COLORADO, FOR THE PURCHASE OF A
KODIAK SNOWBLOWER, AND, SETTING FORTH THE TERMS AND CONDITIONS
REGARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado, Kodiak Northwest Company, a copy of which contract is annexed hereto and
made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract between the
City of Aspen, Colorado, and, Kodiak Northwest Company regarding the purchase of one
Kodiak snow blower for the Streets Department, 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:
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
Kathryn S. Koch, City Clerk
...
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2007 - 6FM
THIS AGREEMENT made and entered into, this 6th dav in March of 2007, by and
between the City of Aspen, Colorado, hereinafter referred to as the "City" and
Kodiak Northwest . hereinafter referred to as the 'Vendor."
WITNESSETH, that whereas the City wishes to purchase~
One (1) Kodiak loader mount snow blower model LMSC3644 Hereinafter called the UNIT(S), in
accordance with the terms and conditions outlined in the Contract Documents and any associated
Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth,
agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described
in the Contract Documents and more specifically in Vendor's Bid for the sum of _
One Hundred Seventv Two Thousand. Two Hundred Twenty Five and no cents dollars
($172.225.00).
2. Deliverv. (FOB 1080 POWER PLANT RD. ASPEN, CO.)
3. Contract Documents. This Agreement shall include all Contract Documents as the same
are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. A full description of all warranties associated with this purchase shall
accompany this contract document.
5. Successors and Assians. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any rights to claim damages or
to bring any suit, action or other proceeding against either the City or Vendor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
7-PURCH.DOC
...
8. Aoreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attornev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Reoardino Debarment. Suspension. Inelioibilitv. and Voluntary Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any
lower tier participant was unable to certify to this statement, an explanation was attached to the
Bid and was determined by the City to be satisfactory to the City.
12. Warranties Aoainst Continoent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect,
in this Agreement or the proceeds thereof, except those that may have been disclosed at the time
City Council approved the execution of this Agreement.
7-PURCH.DOC
....
.'
.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
sub.contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City.
The sale contemplated by this Agreement may be cancelled by the City prior to
acceptance by the City whenever for any reason and in its sole discretion the City shall determine
that such cancellation is in its best interests and convenience.
14. Fund Availabilitv. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of of those funds for
payment pursuant to the terms of this Agreement.
15. Citv Council Approval. If this Agreement requires the City to pay an amount of money
in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council
of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color,. creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of perSons to perform under this Agreement. Vendor
agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-
discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the
Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws
respecting discrimination and unfair employment practices.
17. Intearation and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council meeting,
has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
7-PURCH.DOC
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to
be duly executed the day and year first herein written in three (3) copies, all of which, to all intents
and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By:
City Manager
ATTEST:
City Clerk
VENDOR: ~,jrG// /1)""I,(......,r
//.Q~
Le-
By:
Title. C!."r~(
/"716"4. ~,.-
r
7-PURCH.DOC
~.'
.
MEMORANDUM
,,~
TO:
Mayor and City Council
FROM:
Jerry Nye, Streets Superintendent
THRU:
Randy Ready, Asst. City Manager
THRU:
Phil Overeynder, Public Works Director
DATE:
March 14,2007
RE:
Contract Approval2007-1FM
SUMMARY: Staff recommends the approval of contract 2007-1 FM with Glenwood
Springs Ford for replacement purchase of six (6) pickup trucks
PREVIOUS COUNCIL ACTION: City Council approved the fleet management
portion of the 2007 Asset Management Plan (AMP) as part of the 2007 budget.
BACKGROUND: This purchase is the result of competitive bid process in which
G1enwood Springs Ford was the low bidder.
DISCUSSION: This year the Streets Department is replacing two (2) % ton 4x4 pickups
in kind, one (1) for the electric department and one (1) for the parks department. We are
also downsizing some replacements this year with smaller vehicles; four (4) 'is ton trucks
will be replacing three (3) larger % ton pickups for the parks department and one (1) %
ton pickup for the water department. The 'is ton pickups will have smaller 4.6 liter engine
and are also lighter trucks than the current % ton pickups. This downsizing will increase
the fuel economy compared to the current 5.4 liter engine used in the older trucks. The
pickups to be traded this year all have mileage in excess of70,000 miles. The new
replacement vehicles will be on a 60,000 mile, or seven-year replacement cycle. The 'is
ton pickups will allow staff to efficiently perform their daily job duties, while reducing
fuel consumption by using a more economical vehicle. Staff believe that if it is necessary
to haul or pull anything that is too heavy for the smaller pickups, the departments have
the flexibility of utilizing one of their larger trucks for that specific task.
For 2007, the fleet replacement budget for these vehicles was $132,500 before trade. For
budget purposes, we estimated $36,000 for trade-in value for a net cost of $96,500. The
actual bid for this contract before trade-in is $111,891.34. The actual trade-in value is
$45,802. This brings the net contract price of$66,089.34 for two (2) % ton 4x4 and four
(4) y, ton 4x4 pickups, substantially below the budgeted amount.
FINANCIAL IMPLICATIONS: The 2007 Asset Management Plan contains the
approved funding for this purchase.
RECOMMENDATIONS: Staff recommends the approval of the contract 2007-1FM
for the purchase of the Ford 4x4 pickups outlined in the above summary.
ALTERNATIVES: Four of the six vehicles to be purchased under this contract will be
downsized for'!. ton to Y2 ton pickups and will utilize a smaller engine than the current
trucks in use. The expected increase in fuel mileage will assist the City in meeting
carbon dioxide emission reductions under the Canary Initiative.
PROPOSED MOTION: I move to approve Resolution #22-, of2007.
CITY MANAGER COMMENTS:CITY MANAGER COMMENTS:
RESOLUTION NO. 22-
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Wal!ller Equipment Companv , 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 Glenwood Springs Ford
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 Glenwood Springs Ford
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:
,2007.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certiJY 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 ,2007.
Kathryn S. Koch, City Clerk
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2007-1FM-A&B
THIS AGREEMENT made and entered into, this 13th day of March
between the City of Aspen, Colorado, hereinafter referred to as
Glenwood Sprinas Ford. hereinafter referred to as the 'Vendor."
of 2007, by and
the "City" and
WITNESSETH, that whereas the City wishes to purchase,
Four (4\ 'h ton pickups and Two (2\ % ton pickups Hereinafter called the UNIT(S), in accordance
with the terms and conditions outlined in the Contract Documents and any associated
Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth,
agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described
in the Contract Documents and more speCifically in Vendor's Bid for the sum of
Sixty Six Thousand. Eiahtv Nine and Thirty Four cents dollars. ($ 66.089.34\.
2. Option to purchase. In addition, Vender agrees to sell and the City of Aspen may agree to
purchase up to Four (4\ units of the same quality and specifications as the vehicles that are the
subject of the agreement for the sum of
($ 17.467.45\ ea for the 'h ton pickup
($ 18.362.77\ ea for the % ton pickup.
During theSix month period following the date of this agreement.
3. Deliverv. (FOB 1080 POWER PLANT RD. ASPEN, CO.)
4. Contract Documents. This Agreement shall include all Contract Documents as the same
are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this
Agreement as if fully set out at length herein.
5. Warranties. A full description of all warranties associated with this purchase shall
accompany this contract document.
6 Successors and Assians. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
7. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any rights to claim damages or
to bring any suit, action or other proceeding against either the City or Vendor because of any
7-PURCH.DOC
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
8. Waivers. No waiver of default by either party of any of the. terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
9. Aareement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
10. Attornev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
11. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
12. Certification Reaardina Debarment. Suspension. Ineliaibilitv. and Voluntarv Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any
lower tier participant was unable to certify to this statement, an explanation was attached to the
Bid and was determined by the City to be satisfactory to the City.
13. Warranties Aaainst Continaent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Vendor for the purpose of securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect,
in this Agreement or the proceeds thereof, except those that may have been disclosed at the time
City Council approved the execution of this Agreement.
7-PURCH.DOC
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City.
The sale contemplated by this Agreement may be cancelled by the City prior to
acceptance by the City whenever for any reason and in its sole discretion the City shall determine
that such cancellation is in its best interests and convenience.
14. Fund Availabilitv. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of money
in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council
of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform under this Agreement. Vendor
agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-
discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the
Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws
respecting discrimination and unfair employment practices.
17. Intearation and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council meeting,
has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
7-PURCH.DOC
18. Authorized Reoresentative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to
be duly executed the day and year first herein written in three (3) copies, all of which, to all intents
and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By:
City Manager
ATTEST:
City Clerk
VENDOR: r-;k;, h.J 00 of ~A-J
~,--~
Title. /J7 i -( .
7-PURCH.DOC
MEMORANDUM
To:
Bruce Klein
From:
Willy McFarlin
Date:
March 13, 2007
Subject:
Pickups
Dear Bruce. Thank you for your bid for this year's pickups. Here are the contracts for you to sign
and return back to us. With the options that we chose we have came up with a contract price of
$66,088.54. I have broken it down as follows per your bid
We will be going with 4 Yo ton extended cab pickups and 2 % ton pickups with the following
options
Base price for the 4 Yo ton extended cab short bed pickups @ $17,467.45ea $69,869.80
4 tow package options@$291.00ea $1,164.00
1 extended cab long bed option @ $2,014.00ea $2,014.00
Total $73,047.80
Total trade in for the 4 trade in pickups - $37.301.00
$35,746.80
Base price for the 2 % ton regular cab 4x4 pickups @ $18,362.77ea
1 truck with the extended cab long bed option price of
Total price
Total trade in for the 1 % ton pickup
$36,725.54
$2,118.00
$38,843.54
-$8.501.00
$30,342.54
Grand total net due to vendor
566.089.34
.
lMEMOto ford.DOC
.
VI"
Parks and Recreation
Department
Memorandum
To:
Mayor and Council cr.
Jeff Woods, Manager Parks and Recreation
Stephen Ellsperman, Deputy Director of Par . d Open spac~
Scott Chism, Parks Planner/Project Manager ~.
Thru:
Thru:
From:
Date:
3/19/07
Re:
Resolution #2007-028: Approval of Contract for Construction for the Burlingame
Pedestrian Trail
Steve Barwick, City Manager
John Worcester, City Attorney
Paul Mentor, City Finance Director
Bentley Henderson, Assistant City Manager
cc:
SUMMARY:
City Council and the City Open Space and Trails Board have previously given specific direction to staff that the
Burlingame Pedestrian Trail connection is a high priority to develop. City Council has recently reviewed and
approved a trail easement agreement to allow the trail to be built. Construction drawings have been completed and
reviewed/priced by the General Contractor currently working on the Double Bar/X property.
In order to meet the conditions of the trail easement across private property, construction must begin in April 2007 or
earlier and be complete by June 30, 2007. Staff has negotiated with the General Contractor currently completing road
construction and utility infrastructure work for the Double Bar/X project for a competitive price to add the trail
construction scope of work. The' construction costs provided to the City by that General Contractor are within the
comprehensive budget and are less than the Engineer's Estimate of Probable Costs. Given the constantly rising
construction costs in the Roaring Fork Valley and the limited availability of qualified General Contractors in 2007,
entering into a construction contract agreement with a capable, available General Contractor already mobilized on the
project site would be in the best interests of the City relative to overall project schedule and construction cost.
At this time we are requesting you to authorize a CONTRACT FOR CONSTRUCTION for the
BURLINGAME PEDESTRIAN TRAIL PROJECT for the amount of $813,600 with GOULD
CONSTRUCTION, INC.
.BACKGROUND:
The primary design goal for this project has been the creation of a pedestrianlbicycle corridor that currently does not
exist. It will provide a convenient and scenic connection for the Burlingame Ranch neighborhood to the greater
Aspen trail network.
A trail easement was negotiated and obtained from the owners of the Double BarlX Ranch that allows the trail to
cross their private property. However, the terms of the easement dictate that the pedestrian trail must be complete by
June 30th, 2007, or the City will incur liquidated damages. In order to meet the aggressive schedule, a qualified
General Contractor must begin work in early April to be able to realistically complete the work by June 30th.
Staff has proposed to sole source the capable, available General Contractor already mobilized on the project site. The
City Attorney has reviewed this proposed sole sourcing for this project because it will be in the best interests of the
City relative to the overall project schedule and construction cost. The General Contractor, Gould Construction, Inc.
is mobilized and completing work on the project site for the owners of the Double Bar/X /Ranch. The City will save
significant time and money by utilizing this General Contractor to complete this scope of work.
DISCUSSION:
The new trail will connect the trail parallel to Harmony Road to the AABC Trail parallel to Highway 82. The trail
alignment crosses pJ;ivate pr9perty considered residential as well as the Maroon Creek Golf Course. The project will
include significant land~apeinstallations along the entire trail corridor that will beautify the route and provide
separation between thetrah~ses and the adjacent private residential/golf course uses.
. \W;"
The Double Bar/X Ranch owners and representahves of the Maroon Creek Club have worked together with staffto
achieve a mutually agreeable trail design solution and trail access. This project is anticipated to be a desirable asset to
the residents of Burlingame Ranch and the greater Aspen community.
FINANCIAL IMPLICATIONS:
The comprehensive project cost is currently estimated to be $1.226.448 (Refer Attachment "A", Comprehensive
Project Cost Estimate). This Contract for Construction will be for $813,600. The remaining balance of the project
budget will be spent on soft costs, landscaping, fencing and trail signs. This project will be funded from Housing
Development funds as a result of its importance to the Burlingame Ranch neighborhood.
ENVIRONMENTAL IMPLICATIONS:
Council made the request to develop this proposed trail connection presumably to provide a trail connection for the
residents of Burlingame for commuting and recreational purposes. A convenient trail connection between
Burlingame to town should encourage people to walk or bike instead of drive, more than if no trails existed at all.
This improvement to the City's trail network will further enhance the valuable public amenity that the community
enjoys. The Burlingame Pedestrian Trail will provide an excellent alternative transportation opportunity to the
residents and visitors of the Burlingame Ranch Affordable Housing neighborhood and the Double Bar/X Ranch.
ALTERNATIVES:
Council could choose not to approve this Contract for Construction, which would significantly delay the construction
start of the trail. The construction delay would seriously jeopardize a project completion by June 30'", 2007 that
would expose the City to significant liquidated damages, per the conditions of the trail easement agreement.
Approval of the Contract for Construction would allow the work to begin as soon as weather conditions will allow,
maximizing the timeframe to complete the trail on or before the end of June.
PROPOSED MOTION:
I move to approve the CONTRACT FOR CONSTRUCTION for the BURLINGAME PEDESTRIAN TRAIL
PROJECT for the total amount of $813,600 with GOULD CONSTRUCTION, INe.
2
,
~
ATTACHMENTS:
Attachment "A" - Comprehensive Project Cost Estimate
Attachment "B" -- Contract for Construction with Gould Construction, Inc.
3
RESOLUTION NO. ~ ~
Series of2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR CONSTRUCTION OF THE BURLINGAME
PEDESTRIAN TRAIL, BETWEEN THE CITY OF ASPEN AND GOULD
CONSTRUCTION, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for
Construction of Burlingame Pedestrian Trail, between the City of Aspen and Gould
Construction, a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
Construction of Burlingame Pedestrian Trail, between the City of Aspen and Gould
Construction, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the Mayor or City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the _ day of
,2007.
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
G: Itara IRESOSIBurlingametrail.doc
BURLINGAME-DOUBLE BARIX TRAIL
Comprehensive Project Cost Estimate
Design Development
A 1:1:achmen1: ' A'
Aspen Parks Department
19-Mar-07
EXPENDITURE
TOTAL COST
DESIGN
City Staff Payroll 2007
Engineering Fees: Const. Docs. (2007)
Survey Fees: Harmony Road (2007)
Office AdministrationINotices 2007
Subtotal Design Costs
Allow
Allow
Allow
Allow
20,000.00
67,480.00
1,200.00
1,000.00
89,680.00
TRAIL INFRASTRUCTURE.GEN. CONDITIONS-Bid by Gould Construction
Clearing and Grubbing I Allow
Construction Surveying I Allow
Mobilization I Allow
Subtotal Common Lump Sum Project Items
12,000.00
19,360.00
39,820.00
71,180.00
TRAIL INFRASTRUCTURE- Bid by Gould Construction (PATHS 0-4)
Unclassified Excavation (CIP)
Embankment Material (CIP)
Structure Excavation
Structure Backfill
Topsoil (4" complete in place)
Erosion log/bales
Silt Fence
Reset End Section (n/a-new const.)
Reset Outlet Protection (n/a-new cons!.)
Aggregate Base Course (class 6)
Bituminous Bikeway (3" depth)
Boulder Retaining Wall
Trail Delineators (flexible)(type I)
Epoxy Pavement Marking
Concrete Class D (Wall)
Masonry Veneer (concrete wall)
Reinforcing Steel (Epoxy coated)
15" Corrugated Steel Pipe
18" Corrugated Steel Pipe
Fence (Temporary)
Subtotal Path 0-4 Section
931 CY
2,425 CY
709 CY
360 CY
1,090 CY
12 EA
1,891 LF
2 EA
I EA
890 CY
570 TN
2,904 SF
8 EA
160 SF
216 CY
2,372 SF
27,811 LB
21 LF
24 LF
2,131 LF
16.00
20.50
24.00
58.00
19.00
51.00
3.20
0.00
0.00
49.80
147.00
35.00
50.00
9.00
825.00
60.00
1.20
75.00
85.00
11.00
14,896.00
49,712.50
17,016.00
20,880.00
20,710.00
612.00
6,051.20
0.00
0.00
44,322.00
83,790.00
101,640.00
400.00
1,440.00
178,200.00
142,320.00
33,373.20
1,575.00
2,040.00
23,441.00
742,418.90
Total Gould Constuction, Inc. Contract Work Scope
813,598.90
CONSTRUCTION COST SUMMARY-HARMONY ROAD CROSSING (PATH 0)
Fence (Special-72") 337 LF 20.00
Fence Wood 1,547 LF 30.00
Removal of Concrete Sidewalk 1,510 SF 3.00
Concrete Trail interface/ramp I LS 30,000.00
Total Harmony Road Crossing Path 0 Section
6,740.00
46,410.00
4,530.00
30,000.00
87,680.00
LANDSCAPE COST SUMMARY.ALL TRAIL SECTIONS (PATHS 0-4)
Irrigation System-Path 0 I
Irrigation System-Path I I
Irrigation System-Paths 2-4 I
Path 0 Large Deciduous Trees-2.5" cal. 15
Path 0 Coniferous Trees-6' height 19
Path 0 Deciduous Shrubs-5 gal. 100
Path 0 Seeding (Native, Hydromulch, Stray 9,200
Path I Large Deciduous Trees-2.5" cal. 0
Path I Deciduous Trees-IS' cal. 124
Path I Coniferous Trees-6' height 29
Path I Deciduous Accent Trees-8' clump 0
Path I Large Deciduous Shrubs-5 gal. 34
Path I Seeding (Native, Hydromulch, Stray 13,600
Path 2-4 Large Deciduous Trees-2.5" cal. 50
Path 2-4 Deciduous Trees-I.5" cal. 54
Path 2-4 Coniferous Trees-6' height 25
Path 2-4 Deciduous Accent Trees-8' clump 9
Path 2-4 Deciduous Shrubs-5 gal. 325
Path 2-4 Seeding (Native, Hydromulch, Str 54,235
Total Landscape Costs Paths 0-4
ROAD/TRAIL SIGNS
Sign Panel (class I)
Sign Post (timber 4"x4")
Sign Panel (class I)
Sign Post (timber 4"x4")
Sign aesthetic treatments
Total Road/Trail Sign Costs Paths 1-4
Allow
Allow
Allow
EA 450.00
EA 350.00
EA 40.00
SF 0.13
EA 450.00
EA 210.00
EA 350.00
EA 365.00
EA 40.00
SF 0.13
EA 450.00
EA 210.00
EA 350.00
EA 365.00
EA 40.00
SF 0.13
6,500.00
7,000.00
15,000.00
6,750.00
6,650.00
4,000.00
1,196.00
0.00
26,040.00
10,150.00
0.00
1,360.00
\,768.00
22,500.00
11 ,340.00
8,750.00
3,285.00
13,000.00
7,050.55
152,339.55
42 SF
132 LF
21 SF
66 LF
I Allow
20.00
15.00
20.00
15.00
4,000.00
840.00
1,980.00
420.00
990.00
4,000.00
8,230.00
Subtotal Design Costs
Subtotal Construction Estimate
Contigency
89,680.00
1,061,848.45
74,919.55
1,226,448.00
Complete Project Cost, Burlingame Double BarlX Trail
IPROJECT FUND SOURCES
Housing Development Fund
AMOUNT I
1,226,448.00
1,226,448.00
Grand Total Burlingame Trail Development Budget
Attachment 'B'
The Cl&y or ".pen.
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on March 26th, 2007, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction.
Inc., hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has
approved and adopted said documents, for the project: BurlinClame Pedestrian Trail
Proiect, and,
WHEREAS, the Contractor, in response to direct invitation, has submitted to the
City, in the manner and at the time specified, a sealed Bid in accordance with the terms
of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined, and canvassed the Bids submitted, and as a result of such canvass has
determined and declared the Contractor to be the lowest responsible and responsive
bidder for the said Work and has duly awarded to the Contractor a Contract For
Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for
Construction herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the Work
described herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless
the time is extended in accordance with appropriate provisions in the Contract
Documents.
4. The Contractor agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed
EiClht Hundred Thirteen Thousand Six Hundred ($ 813,600.00) DOLLARS or as
shown on the Bid Proposal (Exhibit A).
or presumption shall arise for or against either party based on any alleged unequal
status of the parties in the negotiation, review or drafting of this Contract For
Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this
Contract For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
CITY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
By:
City Engineering Department
City Attorney
ATTESTED BY:
CONTRACTOR:
By:
Title:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
AFFIDAVIT OF COMPLIANCE
Burlingame Pedestrian Trail
PROJECT NUMBER: 2007-028
The undersigned contractor has read a copy of the Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he/she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being part of the Contract with the City of Aspen.
Attest:
Corporate Seal
Contractor
By:
STATE OF COLORADO )
) SS.
COUNTY )
Before me , a notary public and for
County, Colorado personally appeared
to me personally to be the person(s) whose signature(s) in my presence this
day of , A.D. 20_ .
known
My commission expires:
(Seal)
Notary Public
--~-_.
03/15/2007 15:26 Exhibit 'A'
BGAMEPTR Burlingame Pedestrian Trail
*** Zach BID TOTALS
Biditem Descriotion Quantitv Units Unit Price Bid Total
Clearing and Grubbing 1.000 LS 12,000.00 12,000.00
Unclassified Excavation (CIP) 931.000 CY 16.00 14,8%.00
Embankment Material (CIP) 2,425.000 CY 20.50 49,712.50
Structure Excavation 709.000 CY 24.00 17,016.00
Structure Backfill 360.000 CY 58.00 20,880.00
Topsoil (Complete in Place) 1,090.000 CY 19.00 20,710.00
Erosion Bales (Wee<! Free) 12.000 EA 51.00 612.00
Sill Fence 1,891.000 LF 3.20 6,051.20
ABC (Class 6) 890.000 CY 49.80 44,322.00
Hot Mix Asphalt 570.000 TON 147.00 83,790.00
Boulder Walls 2,904.000 SF 35.00 101,640.00
Concrete Class D (Wall) 216.000 CY 825.00 178,200.00
Masomy Veneer 2,372.000 SF 60.00 142,320.00
Reinforcing Steel (Epoxy Coated) 27,811.000 LB 1.20 33,373.20
15 Inch CSP 21.000 LF 75.00 1,575.00
18 Inch CSP 24.000 LF 85.00 2,040.00
Fence (Temporary) 2,131.000 LF 11.00 23,441.00
Delineator (Flexible) (Type I) 8.000 EA 50.00 400.00
Construction Surveying 1.000 LS 19,3@.00 19,360.00
Mobilizalion 1.000 LS 39,82().00 39,820.00
Epoxy Pavement Marking 160.000 SF 9.00 1,440.00
Bid Total
>
$813,598.90
Th.. CH.y ot A_pen
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on March 26th, 2007, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction,
~hereinafter called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has
approved and adopted said documents, for the project: Burlinaame Pedestrian Trail
Proiect, and,
WHEREAS, the Contractor, in response to direct invitation, has submitted to the
City, in the manner and at the time specified, a sealed Bid in accordance with the terms
of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined, and canvassed the Bids submitted, and as a result of such canvass has
determined and declared the Contractor to be the lowest responsible and responsive
bidder for the said Work and has duly awarded to the Contractor a Contract For
Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for
Construction herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the Work
described herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless
the time is extended in accordance with appro'priate provisions in the Contract
Documents.
4. The Contractor agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed
Eiaht Hundred Thirteen Thousand Six Hundred ($ 813,600.00) DOLLARS or as
shown on the Bid Proposal (Exhibit A).
5. The term "Contract Documents" means and includes the documents listed in the City
of Aspen General Conditions to Contracts for Construction (version GC97-2) and in
the Special Conditions. The Contract Documents are included herein by this
reference and made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in
the General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein or in the Contract
Documents, this Contract For Construction shall be subject to the City of Aspen
Procurement Code, Title 4 of the Municipal Code, including the approval
requirements of Section 4-08-040. This agreement shall not be binding upon the
City unless duly executed by the City Manager or the Mayor of the City of Aspen (or
a duly authorized official in his/her absence) following a resolution of the Council of
the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official
in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents,
representatives, employees. Successors, assigns, and legal representatives.
Neither the City nor the Contractor shall have the right to assign, transfer or sublet
his or her interest or obligations hereunder without the written consent of the other
party .
9. This agreement does not and shall not be deemed or construed to confer upon or
grant to any third party or parties, except to parties to whom the Contractor or the
City may assign this Contract For Construction in accordance with the specific
written consent, any rights to claim damages or to bring suit, action or other
proceeding against either the City or the Contractor because of any breach hereof or
because of any of the terms, covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to
be performed, kept and observed by the other party shall be construed, or operate
as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be
kept exclusively in the courts of Pitkin County, Colorado.
12.ln the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual
efforts of the parties hereto, and the parties agree that no construction shall be made
or presumption shall arise for or against either party based on any alleged unequal
status of the parties in the negotiation, review or drafting of this Contract For
Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this
Contract For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
CITY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
By:
City Engineering Department
City Attorney
ATTESTED BY:
-c:~.:>' .
~
By:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF foloYlrJo )
COUNTY OF tV'rr II dd I SS.
()1~
On this Jk r day of
appeared
rp~ WtT{G
who, being by
r..-: +
, 20~, before me
irst duly sworn, did
S of
(')" YI and that the seal
affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by authority of its board
of directors, and said deponent acknowledged said instrument to be the free act and
deed of said corporation.
, to me personally
say that s/he is
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first
above written.
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My commission expires:
03/1512007 15:26 EXHIBIT 'A'
BGAMEPTR Burlingame Pedestrian Trail
*** Zach BID TOTALS
Biditem Descrintion Ouantity Units Unit Price Bid Total
Clearing and Grubbing 1.000 LS 12,000:00 12,000.00
Unclassified Excavation (CIP) 931.000 CY 16.00 14,896.00
Embankment Material (CIP) 2,425.000 CY 20.50 49,712.50
Structure Excavation 709.000 CY 24.00 17,016.00
Structure Backfill 360.000 CY 58.00 20,880.00
Topsoil (Complete in Place) 1,090.000 CY 19.00 20,710.00
Erosion Bales (Weed Free) 12.000 EA 51.00 612.00
Silt Fence 1,891.000 LF 3.20 6,051.20
ABC (Class 6) 890.000 CY 49.80 44,322.00
Hot Mix Asphalt 570.000 TON 147.00 83,790.00
Boulder Walls 2,904.000 SF 35.00 101,640.00
Concrete Class 0 (Wall) 216.000 CY 825.00 178,200.00
Masonry Veneer 2,372.000 SF 60.00 142,320.00
Reinforcing Steel (Epoxy Coated) 27,811.000 LB 1.20 33,373.20
IS Inch CSP 21.000 LF 75.00 1,575.00
18 Inch CSP 24.000 LF 85.00 2,040.00
Fence (Temporary) 2,131.000 LF \l.oo ?;l,441.oo
Delineator (Flexible) (Type I) 8.000 EA 50.00 400.00
Construction Surveying 1.000 LS 1.9,360,00 19,360.00
Mobilization 1.000 LS 39,820.00 39,820.00
Epoxy Pavement Marking 160.000 SF 9.00 1,440.00
Bid Total
~->
$813,598.90
,"
AFFIDAVIT OF COMPLIANCE
Burlingame Pedestrian Trail
PROJECT NUMBER: 2007-028
The undersigned contractor has read a copy of the Contract Documents including the
construction plans, for this project and understands and hereby affirms that he/she does not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he/she understands and agrees to all terms and conditions of the Aspen
Municipal Code and its being part of the Contract with the City of Aspen.
Attest:
Corporate Seal
STATE OF COLORADO )
) SS.
COUNTY )
: ~
Before me ~Vk~ Cx!JL ,a notary public and for {lft7kdJ
County, Colorado personally appeared W"ff'c:... known
to me personally' to be the person(s) whose signature(s) in my presence this ;;;2 i s+
day of r11ttr~ ,A.D. 2CQ1--:
.'
-".,,'- ...'
H/b~ 1;)2@0"7 .
~~'~YP"blk
My commission expires:
(Se~
VIe
MEMORANDUM
TO:
Mayor and Council
FROM:
Ruth Kinney, Network Application Specialist
THRU:
Jim Considine, Information Systems Director
DATE OF MEMO: March 14, 2007
MEETING DATE: March 26,2007
RE: Contract for Web Site Consulting Services
SUMMARY: Attached for your review and approval is a resolution and contract, which if
approved, would provide the City and County with web site consulting services. The City of
Aspen Information Systems Department is requesting approval of a contract with Civic
Resource Group, in an amount not to exceed $64,650.00 for these services.
This is a joint project with Pitkin County, with the City portion of the contract in the amount
of $32,325.00. This contract has gone through the required RFP process.
PREVIOUS COUNCIL ACTION: None
BACKGROUND: Five years ago the City and County embarked on the creation of a joint
web site, www.aspenpitkin.com.
DISCUSSION: Over time www.aspenpitkin.com has grown and changed to reflect changes in
the city and county. In order to move to the next lev.el of web site services, work must be
done to provide for design and direction for the future. Funds in the amount of $200,000 were
allocated for a five year "replacement" of the web site. A portion of these funds would be
used for this contract.
The objective of this work is to identify the best way to serve the City of Aspen and Pitkin
County (COA/PC) customers with their varying needs. This contract is for professional
consulting services to assist COAl PC to:
. Develop a strategy that enables the City and County to address the challenges of:
o Continuing to share website costs,
o Providing Customers with the services and information that they need, and
o Enhancing the ability of the City and County to establish distinct identities.
. Assist with the exploration and procurement of outsourcing options for website design,
implementation, and hosting.
. Assist with the exploration and adoption of E-commerce and E-Government standards
that best meet the requirements of the numerous software applications and business
processes that are utilized to interact and transact with customers, both internal and
external.
. Evaluate the current web site and COAIPC business processes to recommend e-
commerce implementations based on a best practices approach.
. Assist with the evaluation and procurement of a content management system.
. Provide a project plan for design and implementation.
FINANCIAL IMPLICATIONS: The contract amount for this work is not to exceed
$64,650.00. This amount is a portion of the $200,000 allocated in the AMP for web site
replacement.
ENVIRONMENTAL IMPLICATIONS: While this contract does not have direct
environmental implications, this expense will improve the City's environmental goals by
designing a more user friendly web site, so people don't have to travel to city hall to get
information, to get forms, and don't have to print hard copies, but can complete forms online.
RECOMMENDATION: Staff recommends that Council approve the attached resolution to
approve the contract with Civic Resource Group.
ALTERNATIVES: Council can decide not to approve the attached resolution. The
alternative would be to attempt to work through the above issues with existing staff and
resources.
PROPOSED MOTION: "I move to approve Resolution # tl1 to approve the contract with
Civic Resource Group."
CITY MANAGER COMMENTS: ~ hQ. ~.
RESOLUTION # 21
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND CIVIC RESOURCE GROUP SETTING FORTH
THE TERMS AND CONDITIONS REGARDING CONSULTING SERVICES
FOR THE ASPEN/PITKIN WEBSITE AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Civic Resource Group, a copy of which
contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Civic Resource Group regarding
consulting services for the Aspen/Pitkin website, 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:
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 ofthat resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ***
Kathryn S. Koch, City Clerk
r
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY
OF ASPEN, Colorado, ("City") and Civic Resource Group ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree
as follows:
Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
Completion. Professional shall commence work immediately upon receipt
ofa 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 August 15, 2007. Upon request of the City, Professional
shall submit, for the City's approval, a schedule for the performance of Professional's
services which shall be adjusted as required as the project proceeds, and which shall include
allowances for periods of time required by the City's project engineer for review and
approval of submissions and for approvals of authorities having jurisdiction over the project.
This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the ProfessionaL
Payment. In consideration of the work performed, City shall pay
Professional on a time and expense basis for all work performed. The hourly rates for work
performed by Professional shall not exceed those hourly rates set forth at Exhibit "B"
appended hereto. Except as otherwise mutually agreed to by the parties the payments made
to Professional shall not initially exceed $64,650.00 . Professional shall submit, in timely
fashion, invoices for work performed. The City shall review such invoices and, if they are
considered incorrect or untimely, the City shall review the matter with Professional within
ten days from receipt of the Professional's bill.
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. Sub-Contracting, if authorized, shall not relieve the
Professional of any of the responsibilities or obligations under this agreement. Professional
shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of
any subcontractors officers, agents and employees, each of whom shall, for this purpose be
deemed to be an agent or employee of the Professional to the extent of the subcontract. The
City shall not be obligated to payor be liable for payment of any sums due which may be
due to any sub-contractor.
Termination. The Professional 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, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, reports or other
material prepared by the Professional pursuant to this Agreement shall become the property
of the City. Notwithstanding the above, Professional shall not be relieved of any liability to
the City for damages sustained by the City by virtue of any breach of this Agreement by the
Professional, and the City may withhold any payments to the Professional for the purposes
of set-off until such time as the exact amount of damages due the City from the Professional
may be determined.
Covenant Against Contingent Fees. The Professional warrants that slhe has
not employed or retained any company or person, other than a bona fide employee working
for the Professional, 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, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award
or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as
establishing an employment relationship. Professional shall be, and shall perform as, an
independent Contractor who agrees to use his or her best efforts to provide the said services
on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be
deemed to be, the employee, agent or servant of the City. City is interested only in the
results obtained under this contract. The manner and means of conducting the work are
under the sole control of ProfessionaL None of the benefits provided by City to its
employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
ProfessionaL Professional shall be solely and entirely responsible for its acts and for the acts
of Professional's agents, employees, servants and subcontractors during the performance of
this contract. Professional shall indemnify City against all liability and loss in connection
with, and shall assume full responsibility for payment of all federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Professional and/or Professional's employees engaged in the
performance of the services agreed to herein.
Indemnification. Professional agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability,
claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this contract, 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 the Professional, any subcontractor of the Professional,
or any officer, employee, representative, or agent of the Professional or of any subcontractor
of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the ProfessionaL
The Professional 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 the Professional,
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 final judgment of a court of competent jurisdiction that such injury, loss,
or damage was caused in whole or in part by the act, omission, or other fault of the City, its
officers, or its employees, the City shall reimburse the Professional for the portion of the
judgment attributable to such act, omission, or other fault of the City, its officers, or
employees.
Professional's Insurance. (a) Professional agrees to procure and maintain, at
its own expense, a policy or policies of insurance sufficient to insure against all liability,
claims, demands, and other obligations assumed by the Professional pursuant to Section 8
above. Such insurance shall be in addition to any other insurance requirements imposed by
this contract or by law. The Professional shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to Section 8 above by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain insurance
in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract,
and Employers' Liability insurance with minimum limits of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU-
SAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified
self-insured status may be substituted for the Workers' Compensation requirements of this
paragraph.
(ii) Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy
shall contain a severability ofinterests provision.
(iii) Comprehensive Automobile Liability insurance with mmlmum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned,
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. If the
Professional has no owned automobiles, the requirements of this Section shall be
met by each employee of the Professional providing services to the City under this
contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
( c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by ProfessionaL No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The 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 the Professional to procure or maintain policies providing
the required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not
waive or intend to waive by any provision of this contract, the monetary limitations
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Govemmentallmmunity Act, Section
24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees.
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 PropertylCasualty Pool. Copies of the CIRSA policies and manual are kept at
the City of Aspen Finance Department and are available to Professional for inspection
during normal business hours. City makes no representations whatsoever with respect to
specific coverages offered by CIRSA. City shall provide Professional reasonable notice of
any changes in its membership or participation in CIRSA.
Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there
are no verbal or written representations, agreements, warranties or promises pertaining to the
project matter thereof not expressly incorporated in this writing.
Notice. Any written notices as called for herein may be hand delivered to
the respective persons and/or addresses listed below or mailed by certified mail return
receipt requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Greg Curtin
Civic Resource Group
915 Wilshire Blvd, Suite 1805
Los Angeles, CA 90017
Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin,
ancestry, handicap, or religion shall be made in the employment of persons to perform
services under this contract. Professional agrees to meet all of the requirements of City's
municipal code, Section 13-98, pertaining to non-discrimination in employment.
Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No
term, covenant, or condition of this Agreement can be waived except by the written consent
of the City, and forbearance or indulgence by the City in any regard whatsoever shall not
constitute a waiver of any term, covenant, or condition to be performed by Professional to
which the same may apply and, until complete performance by Professional of said term,
covenant or condition, the City shall be entitled to invoke any remedy available to it under
this Agreement or by law despite any such forbearance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
Notwithstanding anything to the contrary contained herein, this agreement shall not be
binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly
authorized official in his absence) following a Motion or Resolution of the Council of the
City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute
the same.
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 ofthe provisions of this agreement shall be held invalid, illegal
or unenforceable it shall not affect or impair the validity, legality or enforceability of any
other provision.
(c) The parties acknowledge and understand that there are no conditions
or limitations to this understanding except those as contained herein at the time of the
execution hereof and that after execution no alteration, change or modification shall be made
except upon a writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
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 which shall be deemed
an original on the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGEl
ATTESTED BY:
WITNESSED BY:
()2UJY1~
By:
Title:
Date:
By:
Title:
Date:
CITY OF ASPEN, COLORADO:
PROFESSIONAL:
Civ;c. f?~S()~V't-e tr()lA~
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EXIllBIT "A" to Professional Services Agreement
Scope of Work
The objective of this work is to identify the best way to serve the City of Aspen and
Pitkin County (COAIPe) customers with their varying needs. This contract is for
professional consulting services to assist COAlPC to:
Develop a strategy that enables the City and County to address the challenges of:
. Continuing to share website costs,
. Providing Customers with the services and information that they need, and
. Enhancing the ability ofthe City and County to establish distinct
identities.
Assist with the exploration and procurement of outsourcing options for website
design, implementation, and hosting.
Assist with the exploration and adoption ofE-commerce and E-Government
standards that best meet the requirements of the numerous software applications and
business processes that are utilized to interact and transact with customers, both internal
and external.
Evaluate the current web site and COAlPC business processes to recommend e-
commerce implementations based on a best practices approach.
Assist with the evaluation and procurement of a content management system.
Provide a project plan for design and implementation.
The scope of work for this contract is as outlined in the following Work Plan:
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3. Work Plan
Project Goals
The Project will be divided into several phases. Phase I, outlined in this proposal, will be to
develop the planning and strategic framework required to successfully implement a new web site
and assist with the exploration of related activities, such as E-Commerce, E-Govemment, Content
Management System (CMS), as well as software, hardware, and outsourcing options, to serve the
City of Aspen and Pitkin County over the near and long terms.
The overall goal of this project is to prepare an E-Services Strategy that will assist the City and
County in addressing critical challenges regarding its web site and related activities. As such, an
ultimate goal of the project is the redesign of the City and County web site along with the
procurement and implementation of an industry standard web content management system
including a baseline customer service information system so that the site serves as a more
manageable and user friendly co=unications and information dissemination tool for the City
and County. The web site redesign would include a graphic redesign that puts forth a high quality,
professional image that maintains public sector sensibility while also establishes a distinct
identify for the City and County.
To accomplish intended goals and objectives, the project must be viewed as a business project
designed to improve how the City and County functions and delivers services to the public and its
stakeholders. By placing the project in this context, it can receive the attention necessary from
leadership and be assigned measurable business indicators.
CRG will work collaboratively with the City and County to meet its stated goals and objectives
including providing a technology audit/inventory, assessments, reco=endations and input on
future planning. CRG will employ its proven and well established web site and IT planning
framework with the City and County to address overall planning goals and objectives identified in
the RFP. In addition CRG will bring to bear its wealth of experience and research to help refine
and clarify planning requirements that meet the City and County unique needs including
addressing key issues that are unique to municipal information technology systems. The project
team made up ofthe consultant and City and County staffwill schedule reviews and checkpoints,
so that each new installment of work. is built upon an approval of the previous work.
eRG's Approach
CRG employs a rigorous analytical approach and methodology for web site consulting services
and information technology strategic planning. CRG's Strategy Framework has been developed
specifically to address the needs of government agencies seeking to utilize information
technology to improve operations, communications and customer service. The Framework
integrates the best of web site assessment, best practices review, business process analysis,
independent rcsean:b, technology planning and information technology trends to create an
integrated process for assessing and developing an E-Services Strategic plan.
Web Site Corwulting SaviCC$ RFP
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r The project team will ensure that the E-Services Strategic Plan meets specific measurable targets
'-' in the short-term while developing a decision path for a long-term plan that can evolve with the
City and County. Key elements of the CRG methodology include:
Focus on Integrated Approach: CRG's integrated analytical framework combines the best
approaches from strategic business consulting with leading edge methodologies for information
technology plAnning, network operations, and application development. CRG utilizes a project
planning and management methodology that seamless1y integrates the various kinds of expertise
necessary for this project and employs the best available project management tools and
approaches including surveying best practices among government agencies.
Focus on Your Organization: Our methodology begins and ends with the specific characteristics
of your organization, not general models and IT templates developed through traditional IT
planning processes. CRG applies a holistic review of the organization that looks at how each
element contributes to the organization's success-its people, processes, policies, technology,
management, customers, and other stakeholders. The Team will seek to leverage existing talent,
technology, and processes to the greatest extent feasible in order to maximize current assets and
minimi7.e new financial commitments. The project team will utilize systematic processes for
analyzing the readiness of departments to integrate new technology and E-Government services
into their operations. Key areas of organizational focus include:
. IT decision making and governance
. Staffing: Required skills and capabilities, reporting and resource allocation models
. Organizational impacts of potential techno10gylbusiness initiatives
. Overal1 organizational structure and culture
,-.. Focus on Benefits, Resulh and ContinuoUll Improvement: Our methodology measures any
"- recommendation against tangible benefits and the development of realistic performance and
success measures that can be evaluated by your organization over time. These include conducting
a thorough assessment of financial management systems and other technology solutions that will
meet the long term needs of the City and County.
Focus on Best Practices: In the current dynamic technology environment, best practices and
applied case studies are the most useful tools for developing usefu\, implementab1e E-Services
Strategic plans. CRG balances the use of traditional IT benchmarks-many of which have little
relevance in the new technology environment-with best practices research and analysis.
Additionally, CRG is developing new benchmarking approaches that incorporate more
meaningful, city services oriented success. One ofCRG's greatest strengths is our research on
best practices in the use of Information Technology in municipal government. For example, CRG
has recently completed the most comprehensive study of the use of the Internet by municipal
governments and conducts ongoing Best Practices research on cities, counties, regional agencies
and other types of organizations in the public sector. CRG has ongoing relationships with key
penonnel in local governments across the nation for information on current trends in technology
utilization. Simi\arly, CRG is staffed with senior consultants who have worked in and understand
the business of government.
Focus on Stakeholder Needs: Technology is now clearly the province of customer service-both
external and internal customers. Input from the actua1 users of technology and potential
beneficiaries of information technology is necessmy to develop meaningful strategies and plans.
An essential element of Civic Resource Group's strategic approach is the facilitated assessments
(see Work Plan below). This process includes an integrated series of activities and workshops that
,-.. can include ongoing feedback mechanisms (online feedback forms, mail-inldrop forms). The
\.,. process will be tailored to City and County needs and desires. These tools and processes are
important in the effort to accomplish the fol1owing critical objectives:
Web Site Consulting Services RFP
3. Worlt Plan
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. Uncover information, resources, and ideas that would not otherwise be considered in the
analytical process.
. Educate key internal and external stakeholders about the goals of the project, the current
environment for technology in government, and how technology plans can benefit them.
. Creates a sense of mission and collaboration for the stakeholders; greatly enhances the
potential for "buy-in" at every level and among every stakeholder group: elected
officials, department heads, line personnel, external residents, communities and
businesses.
CRG has developed a dynamic process for faci1itating these assessments, and utilizes only its
highest-level consultants and project principals in the process. The exact mix of fitcilitated
components and the resources dedicated to this process can vary significantly depending on the
project requirements and budget. The Team believes, however, that this process must be a key
element of the project, and included at some level.
Focus on Assets: CRG's Asset Mining methodology is a key element of the Integrated
Fnunework. From software applications to document to human resources, information assets are
identified throughout the organiution. Building this information asset inventory is a critical
building block for developing an organizational information architecture that can be leveraged for
the electronic delivery of information and web services.
Focus on Security: The importance of security in today's Information Technology environment
cannot be overstated. The three key aspects of Security are:
. Prevention: Policies and training to ensure that the first level of security-human
beings-are doing their best to create a secure environment; appropriate software and
hardware security solutions and protocols
. Detection: Multi-level detection software and detection routines
. Reaction: Policies and plans for appropriate reactions to security breaches
Focus on Resources: Civic Resource Group utilizes a Total Cost of Ownership (rCO) approach
to cost considerations. The TCO approach identifies all hidden and indirect costs associated with
implementing Information Technology. Costs such as training, technology obsolescence,
vendor/market risk, lost productivity during downtime, maintCllllIlCe, and others are often not
included in cost assessments resulting in unrealistic budget estimates and expectations.
Project Results
At the conclusion of this project the City and County will have the information and knowledge
necessary to implement an integrated E-Services Strategy that will offer the fullowing benefits:
. Provide an integrated plan that takes a phased approach and builds off of the
technological fuundation that has already been established by the City and County. This
will include identifying and reviewing the City and County existing technology
applications, software, and their impact on budget, staffing. outsourcing, equipment and
system architecture, and departmental operations throughout the organization.
. Develops the strategic framework that will serve as the cornerstone for creating an
effective design and implementation plan including a blueprint for acquisition and
replacement of applications over the coming years.
. Offers a thorough analysis of the current website and infrastructure and makes
recommendations on potential future applications. Recommendations will take into
consideration important mctors that are often overlooked including market and business
Web Sito Consulting Sa'viccs RFP
3. Wad< Plan
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risk of vendors, technology obsolescence, new and emerging technologies and initiatives
such as e-commerce, e-government, community wireless, GIS, and homeland security.
. Provides lhe City wilh a thorough analysis of best practices and trends in municipal
government websites, including o-government initiatives that will serve as a guide for
future development and establish goals for lhe City and County in its commitment to
serving its citizens.
. Lays lhe groundwork and infrastructure for the City and County to adopt new
technologies as they emerge and identify and articulate lhe operating platforms for lhe
next tbree to five years including identifying upgrades or replacement of current systems
and applications.
. Develops a framework for a Return on Investment (ROI) approach to information
technology investments including identifying hidden costs and benefits such as training,
employee retention and convenience of offering transactions online, including an
assessment of lhe utility bill o-commerce application currently in use.
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As part oflhe City of Aspen and Pitkin County E-Services Strategy, Civic Resource Group will
conduct a comprehensive assessment comprised ofa series of web and Internet technology
assessments and research tasks leading up to the development oflhe final plan. Following is an
overview oflhe Scope of Work, Timeline, and Delivcmb1es by Task.
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Task 1: Web Environment
Ass_ment
Completion: 5-6 Weeks from Start
Comprehensive Review of Current City and County Web
Site and Web Operations:
)> Web site audit and user testing
)> User needs input/assessment
l> Web operations review. organization, policies,
procedures, costs
)> Assess current \Neb operating system,
documentation, technology platforms and online
applications/setVices
l> Site performance testing, accessibility testing
)> Analyze available usage statistics (\Neb site and
business applications) and/or user input
Deliverable: Web Environment Memorandum-Findings
and Preliminary Recommendations
Task 2: Benchmarking & Bast
Practic:as Review (BY)
Completion: 2.3 Weeks following
Completion of Task 1
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sampling of City and County \Nebsites:
)> Current trends, Innovations and best practices in
CitylCounty \Neb siteslmunicipallntemet technology
)> E-gov related poIicles1slandards (e.g.. electronic
privacy, usage, accessibility, public records,
security)
)> Report on research findings on user needs/desires
Deliverable: Benchmarking & Best Practices Report
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3. Wad< PIaD
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Completion: 2-3 Weeks following
Completion of Task 2 (dependent
on City and County planning and
needs)
Based on Tasks 1 & 2, prepare and prioritize Phase I Web I
recommendations, Including e-services, site
markeling/branding, site management and policies.
Deliverable: Web Recommendations Report:
)> Prioritization dWeb projects and Initiatives
)> "Packaging" of options/services
)> Business caselratlonale for priorities
)> Cost projections and budgetary recommendations
)> Preliminary vendor/product assessment
)> Implementetion factorsltimellne
)> Project plan for design and Implementation
Task 3: Phase I Web
Recommendations
Task 4: Final E-5ervlces
Strategy
Deliverable: Executive briefing providing E-Services
Strategy plan for the City of Aspen and Pitkin County:
recommended next steps, key focus areas for plannl ng, e-
commerce, e-goverrvnent and technology trends, overvl_
of organizational and budget needs, etc. Brief will also
incorporate key elemenls of Tasks 1, 2 & 3.
Completion: 3-4 Weeks following
Completion of Task 3;
approximately 12-16 weeks (3-4
months) from project start
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The tasks required to complete the E-Services Strategy plan project (Tasks 1 through 4) will
include a mix of onsitc meetings and evaluations, facilitated interviews/presentations/focus
groups (as requested by City and County project personnel), and off site research, analysis,
evaluation and plan preparation. The depth and breadth of this work will vary depending on ghe
project budget (see cost proposa\ alternatives). These tasks will be planned and conducted in a
streamlined manner so as to maintain an aggressive project schedule while also staying within the
agreed upon budget. Civic Resource Group will work on the City and County's bebaIf in all
communications and research activities including vendor/product research and reviews and C)-
government best practices research.
The Pre1iminary Project Work Plan below outlines the key project activities including key
subtaskslactivities and City and County benefits. The Work Plan is based on the requirements in
the RFP and CRG's experience working on similar projects. Note that because of the nature of
the project which requires input from key stakeholders, the project schedule will rely on City and
County staff availability and access to resources. CRG will work collaboratively with the City of
Aspen and Pitkin County to develop a detailed Wark Plan that meets its specific needs and budget
requirements. As indicated above, we believe a realistic time frame for project completion is
approximately 3 to 4 mooths.
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Task 1: Web Environment Assell8ment
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a. Overall customer Benchmark current stakeholders and their Begin to aeate implemcolable
technology needs and gencrallocatioos. marketing and outreach plan.
expectations Identify potential stakeholders. Align E-Services Strategy
Create user profiles-gen<rate "persooae" with capabilities ofkey
models representing various user groups. stakeholders.
Online user survey/opinion polling.
Assessment of skills and capabilities of
community users.
b. Electronic Review inventory of CWTent electronic Create realistic plan fur
Government services available, and future plans as meeting customer needs and
provided by City and County. desires in a phased,
Develop Best Practices database/review ofE- implementable, and
government services implemented in cities sustainable approach.
and counties similar in size and scope.
Review description of current Intemet site
and future plans as provided by City and
County.
Conduct comprehensive, independent web
site audit of current web site.
c. Community Analysi. Target community leaders and representative Community education and
sample of other community members fur in- buy-in.
depth fucus group. Public participation.
d. Cmrent Community Assess public participation and marketing Create integrated
Outreach strategies CWTently implemented by City and communications and service
County. delivery strategy aligned with
City and County business
goals.
e. Review Accessibility Level ofa""".. to technology. Align E-Services Strategy
Needs Level oflanguage, cultural, economic. with access level. of key
physical barriers. users/user groups.
Relevance of balanced community issues. Address key access issues:
disabled access, multi-lingual
Review of current information (e.g., web site) access, computerlIntemet
fur accessibility. access.
Risk avoidance, compliance:
with emerging regulations,
standards and policies.
Web Site Consulting Scrvicco RFP
3. wort Plan
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f. Key Business Identify key customer (external and internal) Streamlined customer service
Processes Review service business processes. business processes.
Review how technology is currently used in Cost efficiencies from
the delivery of services and organizational business automation.
operatioos by department.
Survey of departmCllt heads, line supervisors,
ITIMIS personnel, etc.
Review and model key processes.
Refine key processes based on possible IT
opportunities.
g. Web Operatioos I Identify and assess current initiatives from Provide the strategic direction
Technology in both a technological and an organizational on government technology
Government perspective. initiatives along with
benchmarks.
Compare aglIinst other Municipal Identify new opportunities to
Organizations. further the City and County
Evaluate along multiple dimensions mission using intDrmation
including GovernmCllt to GovemmCllt, technology.
Government \0 Business, and Government to Ensure the IT spending is
the Public. reasonable and in line with
financial goals.
Evaluate City and County IT operating Total Cost of Ownership
budget and capital expenditures. (TCO) allows the City and
Faclor in latest trends in IT costs. County \0 identify and plan fur
all costs associated with IT
Research on special/innovative funding and website services delivery,
sources, including grants. including hidden costs and
indirect costs.
Total cost of ownership analysis.
h. HardwarelSoflware Assess current tactical and strategic plans as Establish technology baseline
Standards and Web provided by City and County for cwrent and relationships.
Systems Integration network, platfurms, wireless applications,
electronic services/internet, etc.
Provide framework fur IT
Assess GIS mapping standards and platfurm. planDing and input fur the E-
Services plan.
Assess application development standards as
provided by City and County.
Review current coostraints and requirements
fur network operating CIlvironment, including
network standards fur hardware and software,
as identified and provided by City and
County.
Evaluate dependencies and relationships
between departmCllts and locations.
Identi tial int""""hon naths
Web Site Cousuhing Scmceo RFP
3. Work Plan
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Task 2: Benchmarking & Best Practices Review (8&8)
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a. Bcnchmarlring Review of emerging web trends in the use, Educate 1Il the slam of web
development, and impIementatioo of utilization in the municipal
infurmatioo teclmology in the govemmCllt sector.
govemmClltlmlDlicipal sector. Identity quality products and
Cooduct research to identity quality service servicea based 00 actual
providers in technology, e-govemment and implementatilll.
web-enablement. Measure level of customer
Researcb approach includes CRG database of service, willingness to work
providers, phllle interviews/site meetings creatively with City and
with providers where appropriatelpossible, ColDlty.
eva1uatioo of provider product/service Align providers with City and
impIementatillls, llllline site/practices County technology goals and
evaluation, expert interviews, targeted needs.
industry surveys.
b. Web Policy Audit- Review Web Technology Standards as Ensure current standards fur
Policies, Standards, provided by City and County. privacy and other policies.
Regulations Identity, inventory and review other available Recommendatioos fur
policies related to infurmatilll technology. necessary/quality policy
Research on policies, standards and developmCllt related to
regulations impacting cities and counties. infurmation technology.
Best practices research on policies and Test applicatillls and web
standards implemCllted by cities and counties based infurmatioo fur di",bled
similar in size and ROODe. access.
c. Web Security Plan Review descriptioo of current status and Create hasis fur
future action plans fur network secwity as updated/enhanced network
provided by City and County. and site security policy and
Review current security accommodatilllls. plan.
Review and categorize any recent real or
perceived security probIem&'issues.
Review any available informatioo security
<kx:umentation, including back-up protocols,
disaster recovery plan and procedures.
Server/workstation access security.
Observe physical security protocols for
equipmCllt, access, filcilities, etc.
Conduct independent network and web site
vulnerability test and analysis
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3. Work Plan
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d. Web Inventory Review narrative of current web IdentifY perfurmance
technologylnetwork environment as provided capability of existing
by City and County. technology.
Inventory and review current software, Develop IT pc:01Onnance gap.
applications and licenses.
e. Applications Review IdentifY necessary applications. Develop applications needs
and Analysis based on actual business
process and capabilities
review.
t: Infraslructure Support Create skills/expertise matrix based on IdentifY personnel needs,
infrastructure needs and standards. gaps, und...-/over-utilizatien.
Map CUJTalt staffing/""Jl"I'!ise 10 IdentifY outsourcing/contract
infrastructure support needs matrix. opportunities and needs.
g. Intanal Training and Survey employees en training desireslneeds. Enhance currenllIaining
Support Review current training plan, evaluation of plan.
previous training initiatives. IdentifY opportunities fur new
training, optimize current
training resources.
h. Staff Benchmarking Benchmark staffing in tams of DUlllberS and Create viable staffing plan fur
skill levels with cities similar to City/County. future needs.
i. Technology and Assess fur technologies and processes fur IdentifY redundancies and
Process Rationali7Atien redundancies, efficiencies, commonalities, inefficiencies in cvm:nt
etc. (e.g., intradepar1menlal, w0rk:8ow/business processes.
intecdepartmental, enterprise wide) IdentifY opportunities fur
Develop recommendatiens fur str<-.amlini"g utilizing information
processes and standardizing technologies. technology to enhance
processes.
IdentifY areas where existing
technology can be leveraged
for future work.
j. Program Assess major programs fur relevance, IdentifY overlaps and
Rationa1izaticn efficiencies, redundanci~ commonalities. inefficiencies in cmrent
Develop recom",~dati""s fur programs. technology programs.
IdentifY opportunities fur
utilizinginfunnation
technology to enhance
programs.
k. Budget Assess organizaticnal budget opportunities Create fuundaticn fur budget
Rationalization and constraints. and cost assessments.
Develop budget and aitanative financing
models fur IT development
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Tasks 3 and 4: Web Recommendations & E-Services Strategy
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a. Overa\\ City and Compare key City and County web site Align E-Services Strategy
County Web strategiClbusiness goals as derived from City planning and initiativea with
Envirmment and County input with business goals derived overall City and County
from department heads, IT managers, and Strategic PIan(s): Ecooomic
available Department missim Development, Community
statements/goals! strategic plans. Development, etc.
Definitim ofkey organization functional Identify how infurmatioo
areas. technology directly supports
Definition of current business processes. business goals.
Prioritization of process improvement
projects.
Goals fur how technology will improve
processes in the short- and long-term.
Definition of success and methods of
measurement.
Description of anticipated cha11enges 10
implementing project plans.
b. Web Organizatimal Given strategic goals, needs and capabilities, Develop realistic baseline of
Preparedness Review assess the readiness of organization to the readiness of departments
integrate/adopt new web technology in terms and the City and County
of individua1a, departments, technology, overall 10 integrate and
culture, policies, etc. manage new services.
Develop recommendations.
c. Gap Analysis Identify and define gaps: financial, policies, Basis ilr recommended
capabilities, training, etc. organizational changes and
Develop recommendations fur bridging key improvements
gaps.
d. Technology Utility Develop recommendations fur best uses of Create a business culture that
technology within the City and County for optimizes the inlegratim of
customer service. infurmation technology into
practices and processes
e. Technology Strategic Develop web enablementIIT a1temativea fur Ensure that tiJture technology
Altemativea & processes, services, internal operatims. implementations can easily be
Recommendaticms Develop technology/infi'astructure integrated.
alternativea. Exclude or include technology
options based on current and
anticipated architecture,
policies and maintenance.
Web Site CoosuItiag Saviccs RFP
3. Work Plan
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t: Opportunities & ldeatifY creative/innovative future Coosielel' opportunities to
Challenges opportunities. leverage IT initiatives in the
IdentifY challenges that the agaoization may community, or with other
filcc in implement c-strategies. govcrnmenlal agencies.
g. Develop Asset ldeatifY and inventory key available City and Usable database of available
Inventory and County infurmation assct8: data, documenl8, information assets.
Rcccmmendations information, expertise, muhimedia,
rcc:ordslbistory, etc.
h. Recommendations ldeatificatiOll of clements of technology Guide policy of
for Leveraging implementation that can be shared with conservative/prudent
Opportunities others in the community including innovative investment
programs the will promote economic
development in the City and County. EnSlll'C greatest return on
current investments.
Description of impact to sharing resources
(e.g. cost savings or additional costs, policies
& procedures, training and supp<rt).
Funding opportunities: Government fimding
initiatives; pooling resources; private fimding
.ties.
i. Continuous Recommendations fur memes used in Long term plan for measuring
ImproVClllent and measuring success. and evaluating the success of
Development ovcn1l Plan imp1cmClltation.
Timetable for p1anfunplementation review
and check up. Mechanism fur refining
Stakeholder communication stralellV. services, initiatives as part of
on2oin
j. Draft and Complete Iterative review with City and County Staff; Allows City and County to be
E-Scrviccs Strategy Final Written and Oral prescotations. fully involved in Plan
Plan prcporation.
k. Final E-Scrviccs City Council, County & StaffPresenlation. Roadmap for implemcntation
Strategy Plan of web site and related
Public Presentation. projects.
Final Document with Presentation Material.. Align plan with City and
County business goals.
Accessible public document
Web Site Consulting Saviccs RFP
3. Wodt Plan
J>ase 11 of 11
CIvIc -..... GrOIIp
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
The estimated cost for this E-Services Strategy is $64,650.00. This estimate includes
technical assessment, user needs assessment and benchmarking, and includes up to three
onsite visits by two senior Civic Resource Group consultants over 3-5 days. This cost is
a "not to exceed" amount and includes direct costs, such as travel, accommodations, as
well as seven hardcopies (including color printouts) and CD-ROMs of final deliverables.
Payment for work performed will be on a milestone basis by project deliverableltask, as
outlined in Section 3. Work Plan. Four major tasks are outlined and will serve as the
milestones for payment.
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 P~ DATE (MMlDDlYYYYl
CIVIC-1 03/07/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cohn-Reid-O'Nei1l Ins Serv Ino ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lioense # OC04862 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
555 Airport Blvd., #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Burlingame CA 94010-2002
Phone: 650-762-0400 Fax:650-762-0490 INSURERS AFFORDING COVERAGE NAlCI
INSURED INSURER A: Ilt;...ul Pl&,. " Karin. xu. CO. 24783
INSURER B:
Civic Resource GrouG LLC INSURER c:
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INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICies. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER 'D'i~l~MIDD,r;.. DATE' (MMlDDIYVT" UMITS
~NERAL LIABILITY EACH OCCURRENCE $ 1000000
A X X COMMERCIAL GENERAL LfABILnY VP09400936 11/21/06 11/21/07 I =:S'EsY~~ce\ $ 250000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10000
PERSONAL & ArN INJURY $ 1000000
GENERAL AGGREGATE $ 2000000
GEl'lL AGGREGATE liMIT APPLIES PER: PRODUCTS. COMPJOP AGG $2000000
II rnPRO- n Em" Ben. 1000000
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~TOMOBILE LIABIUTY COMBINED SINGLE LIMIT $1000000
A ANY AUTO VP09400936 11/21/06 11/21/07 (Ea accident)
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{Per person) $
SCHEDULED AUTOS
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GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
=i ANY AUTO OTHER THAN EA ACC $
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3~SSJUMBRELLA UABILITY EACH OCCURRENCE $ 1000000
A OCCUR 0 CLAIMS MADE VP09400936 11/21/06 11/21/07 AGGREGATE $ 1000000
$
~ ~EDUCTIBLE $
X RETENTION $10000 $
WORKERS COMPENSATION AND ITO~Y~lIMrrS I I\.ER-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $
ANi PROPRIETORlPARTNERlEXECUTlVE
OFFICERlMEMBER EXCLUDED? E.L D1SEA$E.EAEMPLOYEE $
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OTHER
A Errors & Omissions VP09400936 11/21/06 11/21/07 Limit 1,000,000
Liabilitv Deduotibl 10.000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certifioate holder is inoluded as an additional insured per the attaohed
addendum of insurance VP033.
NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM SHALL BE 10 DAYS.
Procurement/Contracts
City of Aspen/Pitkin County
Rebeooa Hodgson/Ruth Kinney
130 South Galena
Aspen CO 81611
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERnACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBL~ATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A 0 REP SENT A TIVE
CERTIFICATE HOLDER
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
ACORQ., CERTIFICATE OF LIABILITY INSURANCE I "TO-'""l
OJ/07/Z007
.......... (aoo) 524-7024 FAX ( 4-40B THIS CEl{fFICATE IBI8SUml M A MATTER OF INFORMATION
Au~ama~ic Data ProcRSsing Insurance Agency, tnc ONLY AND CONFERS NO RIGtmI UPON llfE C1!InlFICATE
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Roseland, NJ 07068
INSUREIW AFFORDING CDVERABE NAIC .
- ",vie _urce ........p LL\; -'" EllP10)'tlrs satian Insurance Co.
DlS Wilshire Blvd ..........,
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'THE POLICIES OF INSUIWICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDAIlO\II: FOR THE POlICY PEItOD 1NDICATED.I\I01WITliS'TAHOING
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VI.f
MEMORANDUM
Cc:
Steve Barwick, City Manager
TO:
Mayor and Council
FROM:
Paul Menter, Director of Finance and Administrative
DATE OF MEMO: March 15, 2007
MEETING DATE: March 26, 2007
RE:
ACRA Contract for Services Request for Amendment
SUMMARY: Attached please find a letter from Aspen Chamber Resort Association (ACRA)
President Debbie Braun requesting three changes to the existing contract for services between the
City of Aspen and ACRA. These changes include:
. Hours of operation - Guest Service Pavilion onlv: Seasonal changes based upon actual
demand for services and a defined schedule of hours for the new guest services pavilion.
The current agreement requires that the pavilion be open for between 6-8 hours per day,
but does not provide for a set schedule. Hours of operation for the Rio Grande facility and
the Wheeler Opera House booth are not proposed to change.
. Snow removal on and around the guest services pavilion: ACRA is requesting that the
City of Aspen, through its Parks Department, take over this responsibility in the context
of its overall maintenance responsibilities for the Cooper Street Mall.
. Contract fimding increase of $10,000 to begin in 2007 in recognition of increased
services being provided to the community (as outlined on page 2 of the attached letter).;
The attached letter from Debbie Braun provides more complete justification for each of these
requests.
PREVIOUS COUNCIL ACTION: Council approved the current services agreement in the fall
of 2005 as part of the 2006 budget development process.
BACKGROUND: When the Council approved the original agreement in the fall of2005, it was
with the understanding that ACRA would use the 2006 year to evaluate customer demand and
return to the City with a proposed schedule for the guest services pavilion. The other contract
changes are requested by ACRA in addition to the fixed schedule.
DISCUSSION: Please see the attached letter from Debbie Braun for ACRA's justification for
these requested changes.
Staff's review of ACRA's proposed schedule changes finds that for the most part they simply
refine the open hours for the guest service pavilion. However, they do reduce open hours from
six to five hours per day in the spring and from eight to seven hours per day in the fall and winter
based upon ACRA's experience at this facility.
City Parks Department staff currently rnaintains the Cooper and Hyman Street malls, including
snow removal from the walking paths. The Parks Department will continue to remove snow from
around the guest services pavilion as part of its Mall maintenance operations. However, Parks
staff cannot remove snow from the roof or eaves of the structure because of safety and liability
concerns. As a separate discussion, City staff plan to investigate options for snow removal from
the structure, which is owned by, and whose design was approved by, the City of Aspen.
Under most circumstances staff recommends that Council defer requests for funding to the
annual budget development process. Unless Council finds a compelling reason, based upon
emergency need, for this increased funding, staff recommend that ACRA's request for an
additional $to,OOO be deferred to the 2008 budget development process. The multi year impact of
a $10,000 increase and the recent history of City contributions to ACRA are provided in the next
section for Council review.
FINANCIAL IMPLICATIONS: The proposed changes, as presented, would have the effect of
increasing costs to the City by $10,000 per year (plus an inflationary increase as provided for in
the agreement). The 2007 ACRA service contract amount is $238,500, which was a 6% increase
over 2006 funding levels of $225,000. A $10,000 increase would put total funding at $248,500
for 2007, a 10.4% increase over 2006. Over 10 years, assuming an average 4% growth rate,
increasing ACRA's base funding level to $248,500 will cost the City an additional $134,864
between 2007 and 2017.
ENVIRONMENTAL IMPLICATIONS: There are no significant environmental implications
of this request.
RECOMMENDATION: Staff recommends:
I. Approval of guest services pavilion hours of operation as requested.
2. Approval of the request for snow removal around the guest services pavilion. City staff
cannot remove snow from the roof or eaves of the structure as noted above, and
3. Deferral of ACRA's request for an additional $10,000 of annual funding to the 2008
budget development process so that this request can be considered in the context of the
City's overall general fund.
The attached resolution and contract addendum provide for these proposed changes.
AL TERNA TIVES: Council can leave the current contract in place. This option would require
ACRA to continue operating the guest services pavilion for six to eight hours per day with no
specific schedule, would provide no additional funding, and would likely have no impact on
snow removal around the structure as the Parks Department performs this function currently.
The Council could also approve the increased funding request, which would have the financial
effect on the City's long range plan noted above.
Finally, Council could direct staffto negotiate alternative terms and conditions for hours of
operation and funding of ACRA under the existing service agreement.
PROPOSED MOTION: I move to approve Resolution 2007-J.5:a resolution ofthe City of
Aspen, Colorado, amending the existing services agreement with the Aspen Chamber Resort
Association for summer hours of operation at the guest services pavilion, and formalizing the
Parks Department's provision of snow removal services from around the guest services pavilion
as an element of its existing Cooper Street Mall maintenance work plan.
CITY MANAGER COMMENTS: a~(L ~~
Attachments:
A - Resolution 2007-22 and Addendum #1 to services contract with ACRA.
B - Letter from Debbie Braun dated February 25, 2006
RESOLUTION # ~5""
(Series of2007)
A RESOLUTION APPROVING ADDENDUM #1 TO THE CONTRACT FOR
SERVICES BETWEEN THE CITY OF ASPEN, COLORADO, AND THE
ASPEN CHAMBER RESORT ASSOCIATION, AMENDING THE HOURS OF
OPERATION FOR PROVISION OF GUEST, AND PROVIDING FOR SNOW
REMOVAL SERVICES BY THE CITY OF ASPEN. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ADDENDUM
WHEREAS, there has been submitted to the City Council a contract
addendum between the City of Aspen, Colorado, and Aspen Chamber Resort
Association (ACRA) a copy of which contract is annexed hereto and made a part
thereof, and
WHEREAS, as provided in the services contract dated November 28, 2005,
ACRA, during 2006, evaluated its service demand at its three customer service
locations and recommends standard customer service hours of operation for the
Guest Services Pavilion located at the comer of Galena and Cooper Streets, and
WHEREAS, ACRA has requested and the City of Aspen wishes to provide
snow removal services as defined in Addendum # I to the ACRA Guest Services
Pavilion located at the comer of Galena and Cooper Streets,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the City of Aspen hereby approves that contract
addendum # I between the City of Aspen, Colorado, and the Aspen Chamber
Resort Association regarding provision of guest services, 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:
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 ofthat resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ***
Kathryn S. Koch, City Clerk
ADDENDUM #1
TO
CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATION SERVICES
AGREEMENT Dated November 28, 2005
I. Information. Communication. and Special Events
B. The Centers will be staffed and hours of operation shall be:
Rio Grande: 8:30 am to 5:00pm, Monday through Friday
Wheeler: 10:00arn to 6:00pm, 365 days a year with the exception of City
of Aspen designated closure dates.
Guest Services Pavilion:
October l5t through April 15th:
April 16th through June l5t:
June 2nd through September 30th:
IO:OOam to 5:00pm
11 :OOam to 4:00pm
lOam to 6:00pm
All open times are weather permitting
VII. Responsibilitv for the Facilities:
E. Snow removal: The City of Aspen Parks department shall provide snow
removal services on ground surfaces around the Guest Services Pavilion as
part of its normal Cooper Street mall maintenance work prograrn. Such
services shall be in accordance with its normally planned and scheduled
work program, shall be at no additional cost, and shall not be unreasonably
withheld.
CITY OF ASPEN, a Colorado municipal
corporation
ASPEN CHAMBER RESORT
ASSOCIATION, a Colorado not-for-profit
corporation
By:
By:
City Manager
President
Attest:
By:
City Clerk
~ASPEN
CHAMBER
RESORT ASSOCIATION
MEMORANDUM
To:
City Council
Thru:
Paul Menter, finance director, City of Aspen
From:
Debbie Braun, president, ACRA
Date:
February 25, 2007
Re:
Contractual update and request for amendment to the
Economic Development service agreement
Summary:
January 2006 the City and the ACRA entered into a 3-year contract for service
agreement, specifically for visitor services and special events. Now, at the end of the
first year, we were to provide the City the set hours of operation at each of our locations.
Heading I, section B of the service agreements states the information centers will be
staffed and hours of operation shall be:
Rio Grande: 8:30 a.m. - 5 p.m., Monday thru Friday.
Wheeler Opera House: 10 a.m. to 6 p.m., year-round with the exception of City of
Aspen designated closure dates.
Guest Service Pavilion: Per the agreement, the ACRA must operate the Pavilion
between 6-8 hours a day, 365 days a year, weather and maintenance permittina. The
ACRA is proposing the following defined schedule for 2007:
Hours of operation:
10 a.m. to 5 p.m. now until April 15, 2007. Right now we are troubleshooting
maintenance issues and learning to make the most from the space.
11 a.m. - 4 p.m. April 16 - June 1, 2007. During this time frame, visitor traffic slows
down considerably and most visits are during the proposed open times. While the
contract states we should be open at least 6 hours per day, we are requesting, based on
historical traffic flow, opening only 5 hours.
10 a.m. - 6 p.m. June 2 - Sept. 30, 2007. This is our busiest time and will extend the
hours as demand and special events require.
We would like to request, if possible that the City's Parks department be responsible for
snow removal on and around the structure since they currently maintain the mall. Our
staff is not properly trained or equipped to perform that function.
1
ADDITIONAL FUNDING REQUEST FOR NEW SCOPE OF WORK
The ACRA is requesting a financial contractual amendment to the existing contract for
an additional $10,000 per year based on expanding service for the community.
The last year, the ACRA and Town of Snowmass Village, along with many business
partners, embarked on a community-wide guest service initiative called Faces of
Aspen/Snowmass. This long-term commitment provides guest service resources to our
business community.
In the first year, we've been able to conduct research with our local businesses, spoke
with over 1000 visitors and hired a mystery shopping company to benchmark the current
state of service in our community.
We also provide resources like our "How to AspenlSnowmass" booklet, our one-day
guest service training programs, and on-line program support; we partner with other
organizations like the Aspen Historical Society in support of Aspen 1 01.
We coordinate a Rewards and Recognition program which any employee from the
AspenlSnowmass area can be recognized for providing outstanding service. Local
businesses are big supporters by providing gifts and prizes throughout the winter and
summer seasons.
And finally, renewed focus on service recovery. The ACRA provides an outlet for
consumers to supply feedback on their experience - good or bad, and we'll work to help
solve any issues that might have occurred during their stay in our area.
This multi-tiered approach to guest service needs many partners to be truly sustainable.
We have big plans for the next couple years and we know this effort could be enhanced
by the City of Aspen's participation. Please see the attachment of guest service
materials.
Thank you for your consideration.
2
ACTION ITEM
VIGt
TO:
Mayor Klanderud and City Council
FROM:
Amy Guthrie, Historic Preservation Officer fll..."
Chris Bendon, Community Development Director\jJWV)
Sara Adams, Preservation Planne*
Paul Menter, Finance
THRU:
CC:
RE:
Request for Supplemental Funding for Aspen Grove Cemetery
DATE:
March 26, 2007
SUMMARY: Community Development Staff submitted a grant request to the State Historical
Fund (SHF) to survey, document, and ultimately put together a comprehensive preservation
plan for the Aspen Grove Cemetery (similar to what was completed at the Ute Cemetery). The
cemetery is owned and maintained by the Aspen Grove Association. The grant was rejected;
however, we can reapply April 3, 2007 (grants are awarded twice per year).
BACKGROUND: The Aspen Grove
Cemetery is appropriately named: it sits in a
lush three acre aspen grove at the base of
Smuggler Mountain. The natural landscape
contributes to the serene environment of the
cemetery that draws visitors; however the
overgrown state has begun to threaten and
in many ways has caused severe damage to
the historic grave markers. Artifacts and
grave markers are being obscured and
knocked over by the natural vegetation.
Over the past year two aspen trees have
fallen: one chipped a 100 year old wooden
marker and the other tree remarkably fell
through a gate that happened to be open in a Victorian era wrought iron plot enclosure. The
overgrown landscape creates a dangerous environment for the grave markers, not just by
knocking into them, but by fostering lichens and other biological growth through tree sap among
other elements that eat away at historic material. It has been privately managed by a non-
profit grassroots group. The volunteers have been unable to attract members capable of
performing the intensive tasks required for the large three acre site. They are an older group of
citizens and are experiencing extreme difficulty managing the cemetery. Furthermore, it is an
active cemetery and without proper documentation, new plots could accidentally be placed over
historic plots. The urgent need for funding to maintain, document, and create a planning
program cannot be emphasized enough.
CONCLUSION: The project will be completed in two phases: the first phase includes
documentation, planning, surveying; and the second phase will require Parks Department
involvement, volunteers, another grant application to the State and future funding for
implementation of the preservation plan created in phase one. The cost of phase one of the
project is estimated at $71,602. The City of Aspen agreed to pay the minimum 25% cash
match for the SHF grant program or $17,900. The Aspen Grove grant was rejected based in
I
part because the grant pool was very competitive this year, the State Historic Fund wanted
more details about our preservation plan and because the city is only matching the minimum
required for this type of grant. A few of the comments we received on our application are: "I
think it is appalling that a community as wealthy as this has let this resource deteriorate to this
point and can only muster the minimum cash match and that from City funding"; " extremely
minimal match given the community resources"; and "commitment for match not impressive
considering the community resources."
Staff is working to elaborate the grant application in the areas identified by SHF, and
asks City Council to consider increasing the cash match to more than the minimum 25%
as part of the supplemental. The grant deadline is April 3, 2007; therefore, we will need a
commitment prior to the second reading of the supplemental. Staff recommends a cash
match of 50% or $35,801 is appropriate to fund the first phase of preservation.
Recommendation: Increase the budaet authority for a one time $35,801 cash
match, for the Aspen Grove Cemetery preservation plan, to be included in the
supplemental funds.
CITY MA"G," Co.."",/? ~ _.~ ~
~~."~~~-'~
2
TEL (970) 379-1980 KELLY
TEL (970) 544-2311 GORDON
ANNA LEXEUS
BILL SIMON
ERIN LENTZ
GORDON LEDINGHAM
HENRIETTA OLIVER
HOLLIS KERLER
KELLY MCKENNEY
MICHAEL DAVIES
ROARING FORK LEADERSHIP
WHAT CAN I Do Now?
TEAM PROJECT
INFO(Q)WHA TCANIOONOW.ORG
WHATCANIDONOW.ORG
March 13, 2007
Dear City of Aspen,
On behalf of the What Can I Do? campaign, I would like to apply to hang flags with our
footprint logo (see above) on the light poles down Main Street to commemorate the Earth Day.
We are members of the Roaring Fork Leadership class of 2007, originally knows as
Leadership Aspen, whose goal is to strengthen relationships and skills among community
leaders. Each year the class is broken down into smaller groups that are tasked with developing
and implementing a group project of their choosing. Our group project is the "What can I Do?"
campaign designed to help raise awareness about the issue of global warming and provide sirnple
steps that individuals can do immediately with little or no cost to reduce their energy
consumption and improve their energy efficiency, thus, reducing their carbon footprint.
We felt that many people have a strong desire to be environmentally conscious but can
get overwhelmed by the vastness of the problem and the sheer amount ofinforrnation to wade
through. Our goal is to offer sirnple actions that can make a real impact on global warming;
things as easy as turning down your thermostat a degree, changing a light bulb to a CFL, riding
RAFTA, or buying local products to reduce the energy expended to bring an item to the area. We
want to give the "every day person" a way that they can feel they can make a difference. We
wanted to answer the Question but... What Can I Do?
In 1969 John McConnell, a Denver resident first proposed a "holiday" for our planet at
the UNESCO Conference on the Environment in San Francisco, resulting in the first Earth Day
celebration. This was followed by issuance of a proclamation by the United Nations Secretary-
General in 1971 and by the President of the United States in 1975 designating the ftrst Earth
Day.
With such a long and rich history of honoring the planet, our group felt that an Earth Day
celebration was a natural extension of the work that we are undertaking to help people find
simple ways to protect the earth. Our group has paired with the City of Aspen and ACES for one
of our campaign's key events, Earth Day April 22, 2007. We have secured aspenite Rev. Chuck
Cram (who was one of 200 people trained by Al Gore to present the "An Inconvenient Truth"
slide show about global warming) to make a presentation at the Belly Up during the City's Earth
Day celebration.
We would be happy to come before the next City Council to answer any question they
may have.
EARTH
DAY
V"a.,
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director ~
FROM: Jessica Garrow, PlannerJ MO
RE: Highlands Village PUD Subdivision Amendment (133 Prospector St) -
Subdivision Review - First Reading of Ordinance No. a...., Series 2007
Second Reading scheduled for April 9, 2007
DATE: March 26, 2007
ApPLICANT {OWNER:
Hines Highlands Limited Partnership
REPRESENTATIVE:
Glenn Horn, of Davis Horn Inc.
LOCATION:
CONDO: ASPEN HIGHLANDS
CONDO PH 2 and ASPEN
HIGHLANDS BLOCK H City of Aspen,
CO, commonly known as 133 Prospector
Street.
CURRENT ZONING & USE
PUD including a mix of retail uses, free-
market residential, and affordable
housing.
PROPOSED LAND USE:
Relocation of a free-market development
right to an existing commercial space and
condo meeting room space
STAFF RECOMMENDA nON:
Staff recommends the Aspen City Council
approve, with conditions, the Subdivision
request.
PLANNING AND ZONING COMMISSION
RECOMMENDATION:
The Planning and Zoning Commission approved
a Substantial PUD Amendment and
recommended City Council approve, with
conditions, a Subdivision Amendment on
February 6, 2007 in a three to two (3 - 2) vote.
SUMMARY:
The Applicant requests City Council approve a
Subdivision Review for the conversion in use.
Photo of change-in-use area
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval from the City Council:
. Subdivision Amendment for the conversion of commercial and condo meeting
room space to one (I) free-market residential unit pursuant to Land Use Code
Section 26.480 (City Council is the final review authority after considering a
recommendation from the Plarming and Zoning Commission).
BACKGROUND:
Evolution of Land Use Reauests
The Highlands Application was submitted to the Community Development Department
in May 2006. The original Application requested the approval of a Substantial PUD
Amendment to construct a mini-golf course adjacent to the existing bowling lawn
between the Thunderbowl and Exhibition Ski Lifts, a Substantial PUD Amendment to
convert condo meeting room space and commercial space in Building 2 to one (I) free-
market unit using an existing free-market credit, a Substantial PUD Amendment and
Growth Management Allotment to convert commercial space in Building 4 to one (I)
free-market unit, and a Subdivision Other Amendment.
Prior to the Plarming and Zoning public hearing, the Applicant revised the Application to
eliminate the PUD Amendment and Growth Management Request associated with
Building 4. The result was an application requesting a Substantial PUD Amendment to
construct a mini-golf course adjacent to the existing bowling lawn, a Substantial PUD
Amendment to convert condo meeting room space and commercial space in Building 2 to
one (I) free-market unit using an existing free-market credit, and a Subdivision Other
Amendment. The Application is attached as Exhibit H.
Staff recommended the Plarming and Zoning Commission approve the PUD Amendment
for the proposed mini-golf course and deny the PUD Amendment for the conversion of
commercial and condo meeting room space to one (I) free-market unit. Attached as
Exhibit F is the Staff Memo to the Plarming and Zoning Commission from December 5,
2006 outlining the reasons for these recommendations.
Planninf!. and Zoninz Commission Summary
At their December 5, 2006 hearing, the Plarming and Zoning Commission split the
request into two Resolutions - one dealing with the construction of the mini-golf course,
and one dealing with the conversion of commercial and condo space to one (I) free-
market unit. The Plarming and Zoning Commission voted to approve Resolution No. 33,
Series 2006 which approved a PUD Amendment to allow for the construction of a mini-
golf course at Highlands. The vote was four (4) to one (I) in favor of the motion. (See
Exhibit B, Minutes from the December 5, 2006 Planning and Zoning Commission public
hearing.)
At the same meeting the Cornmission voted to approve Resolution No. 34, Series 2006,
which would have approved a PUD Amendment to allow for a change-in-use from
commercial space and condo meeting room space to free-market residential space in
Building 2 of the Highlands PUD. The motion did not pass, with a vote of two (2) in
favor and three (3) against. According to the Land Use Code, this constituted a "failed
motion." (See Exhibit B, Minutesfrom the December 5,2006 Planning and Zoning
Commission public hearing.)
Staff should have directed the Commission to make a motion to deny the proposed
change-in-use in Building 2. This would have constituted an "action" as is required in
the Land Use Code (see section 26.212.050, Quorum and necessary vote). Because this
was not done, the Commission did not take action, as is required by the Land Use Code,
which prompted Staff to request the Commission make a Motion of Reconsideration at
the Commission's December 19,2006 meeting. This Motion of Reconsideration was
made for the change-in-use from Commercial and Condo Meeting Room spaces to one
(I) free-market residential unit (Resolution 34, Series 2006). The Motion of
Reconsideration passed four (4) to zero (0). Staff provided a revised Resolution 34,
Series 2006 for the Planning and Zoning Commission to approve. The Resolution was
worded to deny the proposed PUD Amendment to convert the commercial and condo
meeting room spaces in Building 2 to one (I) free-market unit, as was the intention of
the voting that occurred at the December 5, 2006 public hearing. One (I) Commissioner
at the December 19, 2006 public hearing was not present for the original December 5,
2006 public hearing and requested to abstain from the vote. City Attorney John
Worcester stated the public hearing could be continued to a later date so that all the
Commissioners could vote on the Resolution. The public hearing was continued to
January 2, 2007. (See Exhibit C, Minutesfrom the December 19,2006 Planning and
Zoning Commission public hearing.)
At the January 2, 2007 public hearing, Staff recommended against the PUD Amendment.
The Applicant suggested revising their application to request a conversion of the Condo
meeting room space to commercial space in order to make the space more viable. Staff
and the Applicant stated they needed more time to determine if this option complied with
the Land Use Code, and the public hearing was continued to February 6, 2007. (See
Exhibit D, Minutes from the January 2, 2007 Planning and Zoning Commission public
hearing.)
At the February 6, 2007 public hearing, Staff informed the Planning and Zoning
Commission that there were no commercial allotments left in the 2006 Growth
Management year, so the Applicant was unable to arnend their application. The Planning
and Zoning Commission voted to approve Resolution 34, Series 2006 to deny the
requested PUD Amendment. This motion failed with a two (2) to three (3) vote. The
Commission reconsidered the motion and made a new motion to approve Resolution 34,
Series 2006 to approve the requested PUD Amendment. This motion passed with a three
(3) to two (2) vote. (See Exhibit E, Minutes from the February 6, 2007 Planning and
Zoning Commission public hearing, and Exhibit G, Planning and Zoning Commission
Resolution 34, Series 2006.)
SUBDIVISION:
The Applicant is requesting a subdivision arnendment because the conversion in the
commercial space and condominium meeting room space in Building 2 to one (1) free-
market residential unit will result in the creation of a multi-farnily dwelling unit and
requires an arnendment to the approved plat (See definitions for "dwelling, multi-family"
and "subdivision" in section 26.104.100 of the Land Use Code). The unit will need to be
condominiumized in order to demarcate ownership. Once construction is nearly
completed but prior to issuance of a Certificate of Occupancy, the Applicant must file a
revised condominium plat and associated documents for review and approval by the City
Engineer and Community Development Director. (See Exhibit A, Review Criteria.)
In reviewing the subdivision portion of the application, Staff finds that the proposal meets
the applicable subdivision review standards established in Land Use Code Section
26.480.080(B), Amendment to subdivision development order, Other Amendment.
The review criteria for an "Other Amendment" only require that the change complies
with the approved plat. Staff finds that the proposed changes are internal and comply
with the approved plat. Staff recommends approval of the Subdivision Other Amendment.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION <ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Ordinance No. Ci, Series of 2007 upon first reading."
EXHIBIT A - Review Criteria
EXHIBIT B - Minutes from the December 5, 2006 Plarming and Zoning Commission
public hearing
EXHIBIT C - Minutes from the December 12, 2006 Plarming and Zoning Commission
public hearing
EXHIBIT D - Minutes from the January 2, 2007 Plarming and Zoning Commission public
hearing
EXHIBIT E - Minutes from the February 6, 2007 Plarming and Zoning Commission public
hearing
EXHIBIT F - Staff Memo from the December 5, 2006 Plarming and Zoning Commission
meeting
EXHIBIT G - Plarming and Zoning Commission Resolution 34, Series 2006 approving a
PUD Amendment for conversion in use at Highlands
EXHIBIT H - Application
ORDINANCE NO.t2. - 2007
AN ORDINANCE OF THE ASPEN CITY COUNCIL
APPROVING WITH CONDITIONS A SUBDIVISION AND CONDOMINIUMIZATION
AMENDMENT ASSOCIATED WITH A OF CONVERSION CONDOMINIUM
MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET
RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR
STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS
BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-142-13-550/552
WHEREAS, the Community Development Department received an application from
Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial
PUD Amendment, and a Subdivision Amendment, to convert one (I) commercial space and a
condominium meeting space in Building 2 to one (I) free-market residential unit; and,
WHEREAS, the subject property is in the Aspen Highlands Village PUD; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended denial of the proposed conversion of
commercial and condominium meeting space to a Free Market residence and associated land use
requests; and,
WHEREAS, during a duly noticed public hearing on February 6, 2006, the Planning and
Zoning Commission approved Resolution No. 34 Series of 2006, by a two to three (3 - 2) vote,
approving a Substantial PUD Amendment for the conversion of commercial and condominium
meeting space to one (I) free-market residential unit at 133 Prospector Street. The resolution
further recommended to the City Council the approval of the requested subdivision associated with
the conversion of office/retail space to free market residential; and,
WHEREAS, upon review of the Subdivision Other Amendment request, the Community
Development Department recommended approval of the Subdivision amendment request; and,
WHEREAS, on March 26th, 2007 the Aspen City Council approved Ordinance No. ---->
Series 2007, on First Reading by a _ to _ L-~ vote, approving with conditions the
Subdivision and Condominiumization of 133 Prospector Street, City of Aspen, CO; and,
WHEREAS, during a duly noticed public hearing on April 9th, 2006, the Aspen City
Council approved Ordinance No. _' Series 2007, by a _ to _ L--> vote, approving with
conditions the Subdivision and Condominiumization of 133 Prospector Street, City of Aspen, CO;
and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
Ordinance No. _, Series 2007
Page I
WHEREAS, the City Council finds that the development 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 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 of the City of Aspen Municipal
Code, the City Council hereby approves with conditions a subdivision and condominiumization
amendment associated with a conversion condominium meeting room space and commercial
space to one (1) free-market unit for the property located as 133 Prospector Street, CONDO:
ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen,
CO, Pitkin County, Colorado.
Section 2: Plat and Ae:reement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the City Council approves a Subdivision Other Amendment for the conversion in use. The
Applicant shall record a revised plat that meets the requirements of Land Use Code Section 26.480,
Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and
signed by the Community Development Director upon substantial completion of construction and
prior to the Certificate of Occupancy.
Section 3: PUD Plat and Ae:reement
I. An Amended 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), as determined to be necessary by the Community Development
Department.
2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final condominium plat meeting the requirements ofthe Community Development
Engineer and showing easements, encroachment agreements and licenses with
reception numbers for physical improvements, and the location of utility pedestals.
Section 4: Buildine: Permit Application
The building permit application shall include the following:
a. A copy ofthe final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
Ordinance No. _, Series 2007
Page 2
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. A construction noise suppression plan submitted to the City of Aspen Environmental Health
Department if the construction of this project will create noise greater than 80 decibels.
e. A construction management plan (CMP), pursuant to the Building and Engineering
Department requirements. The CMP shall include an identification of construction
hauling routes, construction phasing, and a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent. The
CMP shall meet all the requirements described in Section & of this resolution.
f. Accessibility and ADA requirements shall meet adopted building code requirements.
Section 5: Dimensional Requirements
The proposed development as presented in the plans contained within the application dated May
24, 2006 and the application amendment dated November 15, 2006, complies with the
dimensional requirements of the PUD. Compliance with these requirements will be verified by
the City of Aspen Zoning Officer at the time of building permit submittal.
Section 6: TrashlUtilitv Service Area
All trash containers used in construction shall be wildlife proof and meet the Certificate of
Appropriateness regulations pertaining to size and security. All other trash/utility service areas
shall comply with previous approvals in the PUD.
Section 7: Construction Manae:ement
A construction management plan shall be submitted with the building permit application that
meets the requirements of the current "Components of a Construction Management Plan"
handout that is available in the City of Aspen Building Department. The construction
management plan shall include at a minimum, a construction parking plan, a construction staging
and phasing plan, a construction worker transportation plan, a plan for accepting major
construction-related deliveries with estimated delivery schedule, the designation of haul routes,
and an agreement with the City to participate with other neighboring developments under
construction to limit the impacts of construction. This agreement shall be prepared by the
developer and accepted by the Community Development Director.
As part of the construction management plan, the developer shall agree to require all dump
trucks hauling to and from the site to cover their loads and meet the emission requirements of the
Colorado Smoking Vehicle Law. Any regulations regarding construction management that may
be adopted by the City of Aspen prior to application for a building permit for this project shall be
applicable.
The construction management plan shall also include a fugitive dust control plan to be reviewed
by the City Engineering Department that includes watering of disturbed areas (including haul
routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways,
and a representation that the City has the ability to request additional measures to prevent a
nuisance during construction. A temporary encroachment license is required if the City's right-
of-way is used for construction purposes.
Ordinance No. _' Series 2007
Page 3
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall
pay a park development impact fee prior to building permit issuance. The fee shall be calculated
according to the fee schedule in affect at the time of building permit submittal.
Section 12: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a
fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community
Development Department shall calculate the amount due using the calculation methodology and
fee schedule in affect at the time of building permit submittal. The Applicant shall provide the
market value of the land including site improvements, but excluding the value of structures on
the site. .
Section 13: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the
issuance of a building permit.
Section 14: Vested Ril!hts
The development approvals granted pursuant to Plarming and Zoning Commission Resolution
Number 34, Series of2006 and herein shall be vested for a period ofthree (3) years from the date
of issuance of the development order.
No later than fourteen (14) days following the final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a vested property right,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 13 3 Prospector Road,
City of Aspen, CO, by Ordinance No. _, Series of2007, ofthe Aspen City Council.
Section 15:
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, unless
arnended by an authorized entity.
Section 16:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or arnended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Ordinance No. _' Series 2007
Page 4
Section 17:
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.
Section 18:
A public hearing on the ordinance shall be held on the 9th day of April, 2007, in the City Council
Charnbers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of March, 2007.
Helen Kalin K1anderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 26thday of March, 2007.
Helen Kalin K1anderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
G:\city\Jessica\Cases\AHV PUD Amend\Substantial\Council\first reading\AHV conversion ordinance. doc
Ordinance No. _' Series 2007
Page 5
EXHIBIT A - SUBDIVISION OTHER AMENDMENT
Any other amendment shall be approved by the City Council, provided that the
proposed change is consistent with the approved plat. If the proposed change is not
consistent with the approved plat, the amendment shall be subject to review as a new
development application for plat.
The proposed conversion from commercial and condo meeting room spaces to one (1)
free-market residence is an internal change that is consistent with the approved plat. The
applicant must file a revised condominium plat upon completion of the conversion and
prior to a Certificate of Occupancy. Staff finds the Subdivision Amendment for the
conversion in use is consistent with the approved plat.
Staff finds this criterion to be met.
Exhibit A - Subdivision Review Criteria
Page I
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 05. 2006
mine Tygre opened the regular Aspen Planning & Zoning Meeting in Sister
Ci s at 4:30pm. Members Ruth Kruger, Dylan Johns, Steve Skadron, Brian
Spec 4:40) and Jasmine Tygre were present. John Rowland was excused. Sta
in atten ce were: Community Development, Joyce Allgaier and Jessica Ga
John Worc ter, City Attorney; Jackie Lothian, Deputy City Clerk.
COMMENTS
Jasmine Tygre sai ere was an ad in the Sunday Daily News pap
Dancing Bear Reside es that said "it's a place where your nei ors are friends
not hotel guests". Tygr ked what do you think these units e if they are rented
out if they are not being us by the people who bought th ; is what was
supposed to be a hotbed. Ty said probably not but h ed that the code revisions
would address these kinds of iss . Joyce Allgaier d that she notified them in
writing that their application speci lly said that ey would list the units with a
rental company and do that pro-active
. utes. The correction was
DECLARA nON OF C FLICTS OF INTEREST
Dylan Johns said he w conflicted on the Lodge at Aspen Smuggler Racquet
because of pend in siness deals with the one of the parties in Ived in each of
those projects. th Kruger said that she was conflicted on the Lo e also. John
Worcester a d if Ruth was currently employed by the Lodge or ha financial
interest i e outcome. Kruger replied no. Worcester suggested that sli did not
have onflict.
ONTINUED PUBLIC HEARING (11/21):
'*' ASPEN HIGHLANDS VILLAGE PUD AMENDMENT .
Jasmine Tygre opened the public hearing for the Aspen Highlands Village PUD
Amendment. Jessica Garrow said that notice had been provided at the previous
meeting. Garrow said that Hines Highlands Limited Partnership was the applicant
represented by Glen Horn; the application required 2 land use reviews. The first
was a substantial PUD Amendment to construct a mini golf course and a change in
use from Retail to Free-market Residential. Staff recommended in favor of the
mini golf course and against the change in use in building 2 and the associated
subdivision.
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ASPEN PLANNING & WNING COMMISSION - MINUTES
DECEMBER 05. 2006
Garrow said the miniature golf course was proposed between buildings 2 and 4 and
the area was skier access so it was unencumbered by any structures; the mini golf
course was designed to continue the current use in the winter on it. Because of this
stafffound this was consistent with the existing plat and did not require a
subdivision approval for the mini golf course portion of the application. Staff
found the mini golf course was consistent with the approved PUD and met all
applicable review criteria; it will increase the vitality of area by providing an
attraction in the summer months and met the goals and economic sustainability
sections of the Aspen Area Community Plan.
Garrow said the change in use was to change I retail space to 1 free-market unit (4
bedroom unit), which does not need a growth management allotment because the
development right was approved in the original PUD and the town home was never
built so the right exists. Garrow said the proposed unit was located on the I s\ floor
of building 2, which contained other residential units all above the 151 floor and the
Ritz was located in this building. Staff recommended against the change in use
because it does not meet the goals of the Aspen Area Community Plan. Staff felt
that the retail space was at grade along the Highlands main pedestrian area and was
intended and best functioned as retail space. Staff felt that residential would
decrease the vitality of the area. Garrow said that the change in use will adversely
affect future development in the area; the retail space was currently vacant and
staff felt that in the future the space will be filled with retail or office. There were
other free-market homes being built in the area.
Glen Horn said Bob Daniel, Kevin Dunnett and Donna Grower were from Hines
Highlands Limited Partnership and were available to respond to questions. Andy
Reagan was the leasing agent for the retail spaces at Highlands. Horn stated that
the retail space was an un-built space and there was an approved town house for
the village neighborhood, which would be transferred to the Village core of Aspen
Highlands. Horn said this was a conversion of vacant retail space that has never
been occupied to a residential use and there was no growth management allotment
necessary because it was already granted for another unit in the project. Horn said
that all of the mitigation for this unit already exists; the transportation, air quality,
and the housing.
Horn said that development of the mini golf course was to get more activity going
in the summer at the base of Highlands and were not unusual to see at the base of
ski areas in the summertime.
Horn provided the history of Highlands beginning with Whip Jones and Gerald
Hines then the Pitkin County approvals and the annexation into the City of Aspen.
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ASPEN PLANNING & WNING COMMISSION - MINUTES
DECEMBER 05. 2006
Horn said that there was a 5 year public review process that entailed some 105
public meetings; the plan evolved in the review process to what you see today.
Horn said that this project continues to evolve from the mountain to the base area;
this proposal from the applicant was to fine tune this project to make it more
successful and viable rather than having empty commercial space in the base area.
Horn said out of the 190 approved units 112 were affordable housing units; there
were 73 tourist accommodation units, 14,000 square feet in restaurant space. Horn
noted that all the mitigation required by the city and county has been done and
audits have been done.
Horn displayed a photo ofthe Village Core and explained what was where; there
was residential on the first floor and showed where it was located. Horn explained
the pedestrian pattern and the vacant retail space located in building 2, which was
proposed for the change to residential (on the west side of the building). Horn
explained the uses in buildings 3, 5, 7, 2, 4 and 8 that shows a mixed use project.
Horn said there was a merchants association that was responsible for the summer
activities such as the movies and other activities. Horn said that there were about
105 to 110 days a year when Aspen Highlands Village was loaded with people
going to the ski area. Horn said they do not consider this change to be a significant
change in the PUD; the PUD was found to be consistent with the Aspen Area
Community Plan and compliance with the code at the time it was approved. Hom
walked through the 8 focus areas of the Aspen Area Community plan; the last two
numbers 7 and 8 were primarily orientated towards the townsite of Aspen;
consistency of architecture with the historic structures and historic character of the
town. The design issues address within the built environment of the townsite of
Aspen. Horn said the focus area of managing growth, transportation, housing,
economic sustainability, parks, open space and environment and the arts, culture
and education. Horn said the Aspen Highlands project was the most successful
transfer of development rights of most projects; 20 TDRs were transferred from the
county's rural and remote district to within the urban growth boundary to Aspen
Highlands Village, so this was consistent with managing growth. Horn said that
the transportation needs have been met as well as the affordable housing with a
60/40 project at the base ofa ski area. There was a Nordic Trail connection that
links it to the Moore Trails, the Aspen Valley Ski Club House, the High School
Lift, and the donation of approximately 13 acres of Maroon Creek bottom land to
the County for Open Space. The project provides all of the dormitory housing in
building 4 and dedicated to use by MAA in the summertime; in the winter it was
used by Ski Company employees. Horn said that this project was still consistent
with the Aspen Area Community Plan and felt it was better to have an occupied
residential space in building 2 rather than to have an unused vacant retail space.
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 05. 2006
Bob Daniel said that building 5 had a residential component on the ground floor so
virtually in every building within the community there was residential units on the
ground floor. Daniel said that they have been trying to rent this particular retail
space between 4 and 5 years.
Andy Regan with Snowmass Real Estate Company said that she has been doing the
leasing at Aspen Highlands for about I Y, years and it was not an easy job; there
were plenty of people looking but can't be there if they require foot traffic so
basically people were looking to pay no rent. Regan said it was difficult to rent the
retail space.
Kevin Dunnett said the plan for the golf course was preliminary with 18 holes
without the old school kitschy golf course but this would challenge the serious
golfer down to little kids. Dunnett said there would be nice wild flower plantings
in between the holes; it will be a nice addition for everybody. Dunnett said that
Copper Mountain and Beaver Creek have courses that were really busy with a lot
of energy surrounding the golf course.
Steve Skadron asked about the previous PUD Amendments and where was the
FAR moved around to. Garrow replied that it was .in the free market units; moving
a few hundred square feet from one to another but never reached the retail spaces.
Skadron asked how the Ritz defined tourist accommodations. Daniel said the
concept was imbedded in the PUD where there was a requirement that unit can't be
occupied more than 30 consecutive days during the high season or within 90 days
in a calendar year. Horn said there was central management that would be
typically provided by a hotel; a concierge, room service and check-in. Skadron
asked if those units go into the rental pool. Horn replied they were available in a
rental pool through the Ritz. Skadron asked if there were topographical changes
on the golf course. Dunnett replied the average slopes were challenging at the toe
of the hill from Iguanas deck and they will concentrate most ofthe holes in the flat
area with slight terracing as the grading gets steeper maneuvering the holes parallel
with the slope. Skadron asked the total FAR for the 112 units. Horn replied there
were 403,000 square feet of non-exempt floor area; the affordable housing in the
Village core (townhouse neighborhoods and center) was 68,490 square feet, the
Maroon neighborhood (west side) there was 13,570 square feet of affordable
housing, the Thunderbowl neighborhood had 24,750 square feet of affordable
housing. Daniel said that the tourist accommodation was 155,000 square feet.
Horn said that in the county there were not floor area calculations in the mix and
the TDRs get backed out also.
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 05. 2006
Dylan Johns asked if there were regulations for uses that could occupy ground
floors in the building 2 space. Horn responded there were no prohibitions. Johns
asked if there would be hardscaped areas with the golf course plan. Dunnett
replied the holes were designed on concrete slab with exterior kind of durable
carpet material. Dunnett did not have any photos or imagery for this course. Johns
requested some imagery for this course to see how it manifests itself.
Ruth Kruger stated that she was the rental agent for Aspen Highlands and spoke of
listing the retail space and never being able to rent any of the spaces.
Jasmine Tygre asked where the condo meeting room space was located in building
2. Horn replied there was a 700 to 800 square foot space reserved for the operation
of the hotel and the space in building 2 has never been utilized for a meeting room.
Daniel said that the Ritz Carlton built some meeting space internally in their
building for their functions.
Joyce Allgaier asked where the miniature golf course was staged from; where
would one sign up to play, rent their clubs and pay the fee. Daniel responded that
there was the potential linkage of food and beverage that would be anticipated for
those services at the Ritz Carlton, which owns that space.
No public comments.
Tygre noted a letter from Tom Ward in the packet.
Kruger commented that this particular space was very large with a number of
different users that wanted to use it (hair salon, gym, furniture) but because of the
parking situation during the winter the 450 parking spots were used for Skieo.
The space doesn't have that commercial user traffic and was somewhat
dysfunctional as a retail space and has been vacant for 6 years; it would be viable
as a residential space and supported the change. Kruger said it was a compatible
use with the adjacent uses of the Ritz Carlton.
Johns said there was shortage of office space and asked if there was a way to
allocate some parking to this space. Daniel answered as a part of the entitlement
they were restricted to 435 day skier parking spaces at the base of Aspen
Highlands and it was a requirement ofthe PUD that those 435 spaces be paid
parking and part of the transportation requirements. Garrow said that providing
spaces would require a PUD Amendment. Johns said that he could not support the
conversion to free-market residential without a more exhaustive way of showing
that something like an office use wouldn't be able to work. Johns said for the golf
$XNvft B, ~i~\art
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 05. 2006
course he did not feel like he understood the manifestation of what it would be to
know whether or not it would work. Johns said the hardscape would change the
look of the base of the mountain and hopefully it would be a positive for the
Village. Johns said that there did not seem to be a conflict with the miniature golf
and the PUD. Johns said the conversion of the unit did have some conflicts with
the Aspen Area Community Plan.
Skadron shared some of Dylan's concerns and was sensitive to the difficulty in
making retail work at Aspen Highlands and converting this to residential would
forever prevent it from becoming something that might possibly be economically
viable. Skadron said the golf course would be a great addition to summer activity
at Aspen Highlands; he had no objections to it.
Brian Speck sympathized with the planning of Highlands. Speck liked the golf
course to keep bring people into the community. Speck felt that changing the retail
use was disastrous to the pedestrian make-up for the future but he also saw the
argument for it.
Kruger said that this was a disastrous situation for parking. Kruger stated the
miniature golf course was a great idea.
Tygre asked where the people would park if that space was converted to
residential. Daniel said as a part of the PUD there were a certain number of spaces
for the day skier parking structure and under the plate there was parking for the
tourist accommodations, affordable housing and an allotment of about I space per
1500 square feet of commercial space. Tygre asked how big the free-market
residential unit was. Garrow replied approximately 3200 square feet. Daniel said
there were about 3 parking spaces ifit were residential and ifit were commercial
there were 4-5 parking spaces available but not for shoppers. Tygre stated concern
for changing PUDs. Tygre said the City P&Z carne in afterward because the
County was the reviewing body; the project was annexed after the county
approvals and the results may not have been what a lot of people hoped for. Tygre
said that despite her aversion to the change in use, she could not see how a
commercial use would bring a lot of vitality because there would be the need for
pedestrian activity and parking to make be vital; an office would not bring any
vitality to the area or would residential. Tygre said that she would hate to see
another request in the future to add commercial space after this retail space were
converted to residential. Tygre said the mini golf course would be helpful to bring
people into that area in the summertime and agreed with Dylan on obtaining more
detail about the way it would affect the pedestrian experience. Tygre suggested
separating the issues.
~'ct\ VJ,t)~~~
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 05. 2006
MOTION: Ruth Kruger moved to approve Resolution #33, series of 2006 to
approve a substantial PUD Amendment for the construction of a mini-golf course
and to approve a requested PUD Amendment for the conversion of retail
!condominium meeting space to one free-market residential unit at 133 Prospector
Road. The resolution further recommends to City Council the approval of the
requested subdivision associated with the conversion of the officelretail to free
market residential. No second - motion dies.
Skadron requested a schematic for more detail on the golf course prior to approval
for it. Johns felt that he could support the golf course as long as it did not become
too Disney.
MOTION: Dylan Johns moved to approve the resolution 'to approve a substantial
PUD Amendment for the construction of a mini golf course; seconded by Brian
Speck. Roll call vote: Kruger, yes; Skadron, no; Johns, yes; Speck, yes; Tygre, yes.
APPROVED 4-1.
MOTION: Dylan Johns moved to approve the resolution to approve the
requested PUD Amendment for the conversion of retaillcondominium meeting
space to one free market at 133 Prospector Road. The resolution further
recommends to City Council the approval of the requested subdivision associated
with the conversion of the office/retail to free market residential with the
restriction of a maximum of 3 parking spaces allotted to that free market unit.
Seconded by Ruth Kruger. Roll call vote: Speck, no; Skadron, no; Johns, no;
Kruger, yes; Tygre, yes. DENIED 3-2.
PUBLIC HEARING:
UGGLER RAC UET CLUB
MO Ruth Kruger moved to continue the Smuggler. cquet Club
Conceptua 'D to December l~h; seconded by St adron. All infavor.
LODGE AT ASPEN FINA
Jasmine Tygre opene public hearing for dge at Aspen and explained
due to time cons ts there would just be a presenta the applicant and no
public co ts. The public notice was provided. Joyce Al id that she
. would sent the staff analysis at the next meeting.
tdn~l$J~~ms
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ASPEN PLANNING & WNING COMMISSION - MINUTES
DECEMBER 19. 2006
MUGGLER RAC UET CLUB
Ruth g ublic hearing for the Sm quet Club.
MOTION: Dylan Johns move Smuggler Racquet Club
Conceptual PUD to Janu , seconded by John ow a . r.
~
PU EARlNG:
MOTION FOR THE RECONSIDERATION REGARDING THE ASPEN
HIGHLANDS VILLAGE Pun ACTION ON 12/05/06
Ruth Kruger opened the hearing for the reconsideration of the Aspen Highlands
Village PUD action taken on December 5~. Jessica Garrow said that staff would
like to clarify the record as explained in the memo staff was operating under a code
interpretation that has since been overturned by Council. Garrow said that staff
would like a motion to reconsider and then another motion to approve the
resolution to deny the change in retail space to free-market residential. John
Worcester said the motion to reconsider needed to be made by someone in the
majority who voted as part of the 3 (Dylan, Steve, Brian) to 2.
MOTION: Steve Skadron moved to reconsider the change in use portion of the
Aspen Highlands, PUD Amendment and Subdivision; seconded by Dylan Johns.
Roll call vote: Rowland, yes; Skadron, yes; Johns, yes; Kruger, yes. APPROVED.
Ruth Kruger explained the reason for this reconsideration was that the process has
changed. Jessica Garrow said that the code interpretation regarding a failed motion
was that no action was taken; then a new motion would have to be made would
have been approved. Joyce Allgaier said the regulations that were in place at the
time that the meeting was held, so the commission needed to make a
recommendation to deny the application instead of doing it in the affirmative and
having it come out to a 3-2 vote. Allgaier said the revised resolution was now
worded to deny the application; staff was clarifying. John Worcester said the Sky
Hotel was a tie vote and through Robert's Rules of Orders a tie vote was a failed
motion or the motion was lost. Worcester said that in the Land Use Code the P&Z
was to approve, approve with conditions or deny; there was an obligation to take
some action. Worcester said that City Council has always been under the
impression that a failed motion mounted to denial; the charter required that an
Ordinance be approved by a majority vote of 3. Worcester said to clarify the
record staff asked the commission to vote to deny the application, which would be
an action taken.
a\)jJlK; I t~5hnoor
?Q'
ASPEN PLANNING & ZONING COMMISSION - MINUTES
DECEMBER 19. 2006
MOTION: Dylan Johns moved to approve Resolution #34, Series of 2006 to deny
a Substantial PUD Amendmentfor the conversion of retail /condominium meeting
space to one free-market residential unit at 133 Prospector Road. The resolution
further recommends to the City Council the denial of the requested subdivision
associated with the conversion of the office /retail space to free-market residential.
Steve Skadron seconded. The motion was withdrawn.
Glen Horn explained that the allotment for the residential has already been granted
to the project and the applicant and developer chose not to develop that townhouse;
all of the mitigation associated with that unit has been done. Horn asked that the
commission not approve this resolution.
There were no public comments.
Kruger reiterated that she could not see this becoming a viable retail space by
virtue of the fact that there was no parking; it was a very large space that has been
marketed for 6 years as a retail space and not rented. Kruger said this was not a
lively retail space that could not be given away. Dylan Johns asked how it was
marketed as office space with parking spaces for employees versus a retail space.
Kruger said that she did not market it as office space during the time that she had
the property listed. Johns said that was his point he did not think that it was
marketed extensively as office or commercial space; to lose that at this point was
counter to where the commission was trying to go to in other areas. Johns said that
if there was still the free-market growth allotment he would rather see that come
back to figure out where to put that residential space and figure out how to re-
allocate this space for something within the town (that area) to try and make it
work. Kruger asked Glen if the old Hines Office space was being marketed and
that space was still vacant. Horn replied that he was not sure how that space was
being marketed as an office space; the objective was to have more retail type uses
that were accessory to the ski area as the primary function, which was the goal to
generate life and activity. Horn said the old Hines office space had been sold.
Horn said that a residential use would generate more activity than an office at the
base of ski area.
Kruger suggested continuing the hearing so that answers could be given.
Worcester said the proper way to proceed was to continue the hearing rather than
abstain on a vote because the commissions and boards had an obligation to vote.
MOTION: John Rowland moved to continue the hearingfor the reconsideration
of the Aspen Highlands PUD Amendment to January 2""; seconded by Dylan
Johns. All infavor, APPROVED.
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
JANUARY 02. 2007
teve Skadron said that he was sensitive to the application of globally applying
d . gn standards but he could not support the variances because he agreed7ith
sta . Skadron said that he thought there was a way to reconfigure this
develo ent to meet the constraints of the property. "",'"
sp1
John Rowla agreed with Dylan on this and apologized to sta!f,~ not agreeing
with them.. Ro nd said he.did not think the residential ~j~ ~~idelines should
be blanketmg all t arcels m town; there had to be s~ flexIbIlIty.
"",/
Ruth Kruger said that sh ically supported ~f(recommendations however the
rear garages were more app riate for arepith alleyways and there was no alley
access to this property. Kruger eed)Vith Dylan's comments on the appropriate
design or pattem of the buildings his was consistent with the neighborhood
and there were site constraints Ich ld allow support of this variance.
MOTION: John Row/~oved to approve o/ution #002, series 2007
approving the three,)3') Residential Design Standa variances requested by
Gideon Kaufma 0 construct a duplex on the property ated 1130 Cemetery
Lane; secon by Dylan Johns. Roll call vote: Skadron, . Johns, yes;
Row/and es; Kruger, yes. APPROVED 3-1.
C~UED PUBLIC HEARING:
MOTION TO RECONSIDER ASPEN HIGHLANDS VILLAGE PUD
AMENDMENT ACTION
Ruth Kruger opened the continued hearing for the motion to reconsider Aspen
Highlands Village PUD Amendment Action.
Jessica Garrow noted this was the continuance of the reconsideration for a change
in use in Building 2 at Aspen Highlands PUD. At the hearing on December 51h
Hearing P&Z voted to approve an amendment to the PUD for the construction of a
mini golf course at that same hearing P&Z voted 2 in favor and 3 against on a
resolution to approve a change in use for Building 2. At the December 19th
Planning & Zoning Meeting staff requested that the commission make a motion to
reconsider the application in order to clarify the action that had been taken on
December 5th. Staff felt this was needed because at the time of the December 5th
meeting they were operating under an interpretation that said that a motion that did
not pass with a positive vote then it was not an action and all boards need to take
an action. Garrow said that there was a request to reconsider the motion and it was
determined that the meeting needed to be continued to today for all of the board
members to get up to speed. Staff does not support the change in use because it
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ASPEN PLANNING & WNING COMMISSION - MINUTES
JANUARY 02. 2007
does not meet the goals of the AACP; the PUD was approved with a certain
amount of mixed use including a certain amount of retail space. Garrow said this
change in use would eliminate 15% of the existing retail space at Highlands; this
space was at grade in a prominent location along the pedestrian walkway and staff
did not feel this was an appropriate location for residential space. Garrow stated
the resolution was worded to deny so the record was clear.
Glen Horn said that Bob Daniel can speak to some of Dylan's questions about
leasing this space and the issues associated with that. Bob Daniel representing the
applicant stated that they have tried to get retail into that space and recently they
have turned to office space use. Daniel asked for the commission to weigh does
commercial space end up with the same result as retail or is it closer to a free
market residential unit in terms of usage. Daniel said that parking was a limiting
factor to the marketing of that space for commercial; it was a relatively big space
with between 4 and 6 parking spaces in the parking structure allotted to that space,
which limits what type of tenant can be placed in that space.
John Rowland said there was talk about rent ability and length of time the space
has been vacant. Horn replied that it has been vacant ever since they received the
certificate of occupancy, which was in 2002. Horn said 1125 square feet of this
space was identified for a condominium meeting room, the remainder of the space
was given a CO for commercial space. Horn said no interior partition walls have
been installed it was all one space (3200 square feet plus the 1125 square feet).
Horn said the Condominium meeting space was never acquired by the Ritz Carlton
for meeting space. Rowland asked what the last marketing effort to rent it was.
Daniel replied that in general there were food services and other commercial that
do not require foot traffic; one of the biggest expenses at Highlands was the
common area maintenance because ofthe service that Highlands provides, which
was between $12.00 and $17.00 a square foot before base rent.
Dylan Johns asked jfthe landlord was paying the CAM (condo association
maintenance). Daniel replied currently; it was much like dues for a homeowners
common area expenses and would not increase the CAM costs for the other
retailers or homeowners. Kruger said what makes the maintenance costs so high is
that everything is snow melted.
Public Comments:
I. George Sabinski stated that he owned 5 properties at Aspen Highland Village
and was a member of the town home association; he just learned about this from
the newspaper yesterday and was not notified of this change in use. Sabinski said
the applicant has done a great job with this planned unit development; a terrific
"fmi'ot)- ~I H\~,h\ani
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
JANUARY 02. 2007
concept and example of partnership between the developer and the municipality to
create a new and vibrant community with a whole new village. Sabinski suggested
postponing the change in use vote because the stakeholders who have invested in
these units would like to work with the developer to create the vitality and
vibrancy that was originally anticipated and promised to these stakeholders.
Steve Skadron said his feelings for a change in use from retail to free market does
contradict the original intent of the POD and he could not support this. Skadron
said it serves to eliminate the possibility of any kind vitality in the future.
Dylan Johns stated there were things that could be done to potentially use this
space; the parking situation was not any worse than downtown Aspen. Johns said
that ifit were rented as office space it would be potentially a lot easier to convert
from office back to retail space. Johns said that he was not at a point where all
other avenues have been exhausted.
John Rowland said that he loved Highlands Ski Area but he believed the Village
had some shortcomings that need to be addressed to get that vitality. Rowland
suggested that this building obtain a mixed use. Garrow responded that it was a
PUD. Rowland said that he would like to ensure flexibility in whatever vote was
taken.
Ruth Kruger agreed that once it was converted to residential it would remain
residential. Kruger said with the amount of square footage of this space it could
maybe house 40 people in an office and she said it would bring vitality but she
doubted that 40 people would take the bus to Highlands to go to work. Kruger said
some people think once you get outside the round about that you could be in
another state. Kruger said this space has been vacant for 4 years and she couldn't
give the space away; they did a lot of marketing. Johns said that he did not
disagree that it would be a tough retail space to fill. Kruger said it was in the Ritz
building adjacent to residential at the end of the mall; she said there was no walk
by traffic but rather a destination location with no parking. Kruger said it was
social engineering to have parking this way and it was not a functional retail
location. Kruger said it would be a great idea to make it mixed use. Johns said
that he wanted further options.
Horn said that Bob would pursue the office option because if you got someone
there you would not loose it forever to residential; it would be commercial. Horn
asked if that condo meeting room switches to the category of commercial thereby
making it in the commercial/office pool. Horn said that they and staff could write
a recommendation. Daniel said that 1125 square feet conversion could off set
exhjplT t>1 r\i~nlcm1s
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ASPEN PLANNING & ZONING COMMISSION - MINUTES
JANUARY 02. 2007
some costs. Johns asked if the space has been finished. Daniel provided the
history on the space, which was a condominium room that was attached to that
building that was anticipated that the 73 tourist accommodation units would be in a
pool and might need a meeting space but subsequently they went through
timeshare approval process. Daniel said that after the PUD and Timeshare
approval they did not want this meeting space and did not need the space because
they had other meeting space. Horn said that they could write that up.
Chris Bendon said this was a good solution because it does not remove the
commercial space as a long term consequence for the potential vitality and staff
viewed this as an interesting opportunity. Bendon provided option to proceed as
analyzing the proposal and the credits for mitigation and come back with a more
formal response; another option in terms of how to proceed would be, if
comfortable with the proposal, would be to make a motion contingent on the
representations concerning employee mitigation and you could see the follow up
resolution. Bendon said if the commission wanted to see a staff response to a
formal proposal then this hearing could be continued.
Skadron asked if there was a definition of commercial. Bendon responded that
staff would add to this. Garrow replied in the PUD there was a list of what can go
in the spaces, which can be provided.
Johns said that assuming the credits were there he didn't need a lot of
documentation. Daniel said they were documented with Housing.
MOTION: Dylan Johns moved to continue the public hearingfor the Aspen
Highlands to February 6'\. seconded by Steve Skadron. All infavor. APPROVED.
Meeting adjourned.
I
kie Lothian, Deputy City Clerk
t:mDrt lA tl\[~~rJ5
V') ~ .
~E:
Aspen Planninl! & Zonine Commission Meetine - Minutes - February 6. 2007
Aspen Street was not very encouraging with regards to traffic. Hughes responded
hat this project would be in a 3 year period with 6 month phases of constructi ,
t e will be access to South Aspen Street. Hughes said there would be a
si . cant amount of utility work with only 3 intersection closures at 3/
indep dent times during the summer period and the road will be oP9f at all times
while the worked in the right-of-way or during the structural pha~. Hughes said
when they db..!he road itself they have a plan to keep half of th oad open with
traffic control, "Which was contained in the construction m ement plan.
""
, .
...
Skadron said that exce6(:ling the exceptional review c' ria was a considerable
attempt to pioneer new a~pI.:oaches to problems in dects like this and will result
in a good project and more iinportantly for proje coming in behind this one.
'-
Skadron supported this project and. appreciati of all of the efforts.
^,
"
Kruger reinforced what Steve said and's was delighted to see the last stage of the
final approval; this was the most imp anf'il(.cation in town because it was the
original lift and gateway to the mo tain. er was pleased that they were going
above and beyond in the cons ' ion manageme lan, above and beyond in the
housing requirements and in e environmental requ ments.
"-
Rowland said that the nts that his fellow commissioner' it on for the
exceptional project great on a challenging site with a ch ing building.
MOTION: St. e Skadron moved to approve the Resolution #003, ies of 2007,
recommend' g that City Council approve with conditions, the Lodge aspen
Mountai inal PUD and associated land use actions, seconded by John Rowland.
Roll c : Speck, yes; Rowland, yes; Skadron, yes; Kruger, yes. APPROVED 4-0.
NTlNUED PUBLIC HEARING:
~ ASPEN HIGHLANDS VILLAGE SUBSTANTIAL PUD
Ruth Kruger opened the continued public hearing for the Aspen Highlands Village
PUD. Jessica Garrow said this was the public hearing for the conversion in use for
a condo space and commercial space to a free market unit in Highlands PUD.
Garrow said the applicant proposed changing the condo space to a commercial
space and the commission asked for staff and the applicant to return with more
information. Garrow said unfortunately there were no growth management
allotments left for the commercial space from the 2006 growth management year.
Garrow said now we were back to the original request to convert the condo space
and commercial space to a free market unit. Staff still recommended against this
conversion in use because it does not meet the Aspen Area Community Plan, does
not meet the intent of the base village and the conversion to a free market unit has
ctYIi'oi t E ,tliah'DrdS
m! 'v
Asoen Plannin!! & Zonin!! Commission Meetin!! - Minutes - February 6. 2007
a long term negative impact on the vitality ofthis area; it does not meet the PUD
review criteria.
Garrow explained the resolution was to deny this project.
Dylan Johns asked why they need the growth allotments because these were not
new spaces. Garrow replied that the condo space was not net leaseable space so
the allotment was needed. Allgaier clarified that the year starts out with a certain
allocation, which gets whittled away by various applications that were pending but
by the time this project would be allocated there would not be any square feet left
in that allocation. The Commissioners agreed that this was not growth because the
space already existed. Bob Daniel stated the space was built over four years ago
and was fully mitigated for as was the balance of Aspen Highlands as it related to
the principal matrix, which was affordable housing in the community. Daniel said
an audit showed they were in excess of mitigation for the number of employees.
Darnel understood that they were caught in a rule situation but to pay for another
process would not be right. Glen Hom stated there was a flaw in the exemption in
change in use and minor additions to a commercial building that should never be
deduced from the quota because the basis for those exemptions was that there was
no impact on the community.
Johns said that the project before P&Z was not what he expected to see; he thought
that there would be some conversion to some free market residential and still have
a commercial component to it.
Garrow said that the best solution for the applicant would be to continue this
hearing to March 6th. Garrow said that the applicant could amend the application
on March I sl requesting the number of square feet to be converted into the
commercial space and on March 61h hold the public hearing. Johns asked ifP&Z
could approve pending allotments opening up. Garrow replied they were in a
current growth management allotment year and they would have to qualify as an
exceptional project to be eligible for those allotments.
MOTION: Dylan Johns moved to approve Resolution #34, series of 2006, to deny
a substantial PUD amendment for the conversion of commerciallcondominium
meeting space in Building 2 to one (1) free market residential unit at 133
Prospector Road. The resolution further recommends to the City Council the
denial of the requested subdivision associated with the conversion of office/retail
space to free market residential. Steve Skadron seconded. Roll call: Rowland, no;
Speck, no; Skadron, yes; Johns, yes; Kruger, no. DENIED 3-2.
~,*i/r\Ljl\\C\n1
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ASDen Plannin!! & ZoniD!! Commission Meetin!! - Minutes - February 6, 2007
Discussion of first motion: Kruger said that she was still very much in favor of
this conversion to residential space because there was no parking and to her it was
the only logical use was for residential.
. Garrow requested a motion to reconsider the motion so that a yes would approve
the request and a no would mean to deny the request.
MOTION: Steve Skadron moved to reconsider the motion just taken; seconded by
John Rowland. All infavor, APPROVED.
MOTION: John Rowland moved to approve Resolution #34, series of 2006, to
approve a substantial PUD amendment for the conversion of commercial
!condominium meeting space in Building 2 to one (1) free market residential unit
at 133 Prospector Road. The resolution further recommends to the City Council
the approval of the requested subdivision associated with the conversion of
office/retail space to free market residential unit. Steve Skadron seconded. Roll
call: Johns, no; Rowland, yes; Speck, yes; Skadron, no; Kruger, yes. APPROVED
3-2.
Meeting adjourned at 7 pm.
.
-
kie Lothian, Deputy City Clerk
h~\Uf) t .+-\ir,y\'Aro~,
1\?
j
Aspen Highlands Subdivision Amendment
Exhibil F
MEMORANDUM
TO: Aspen Plarming and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jessica Garrow, Plarmer
RE: Aspen Highlands Village (133 Prospector Rd) - Substantial PUD Amendment,
Subdivision - Resolution No. 33, Series 2006 - Public Hearine: (Parcel 2735-142-
13-550/552)
DATE: December 5, 2006
ApPLICANT /OWNER:
Hines Highlands Limited Partnership
REPRESENTATIVE:
Glenn Horn, of Davis Horn Inc.
LOCATION:
CONDO: ASPEN HIGHLANDS
CONDO PH 2 and ASPEN
HIGHLANDS BLOCK H City of
Aspen, CO, commonly known as 133
Prospector Street.
CURRENT ZONING & USE
PUD including a mix of retail uses,
free-market residential, and affordable
housing.
PROPOSED LAND USE:
I. Relocation of a free-market
development right to an existing
commercial space;
2. Creation of a mini-golf course
STAFF RECOMMENDATION:
Staff recommends the Plarming and
Zoning Commission approve the
project in part, and deny the project in
part.
SUMMARY:
Photo of chan e-in-use area
Exhibit F
Page I of5
Aspen Highlands Subdivision Amendment
Exhibil F
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals from the Planning and Zoning
Commission to redevelop the site:
. Growth Management Exemption for a Change in Use pursuant to Land Use Code Section
26.470.040 C.S. (The Planning and Zoning Commission is the final review authority,
who may approve, approve with conditions, or deny the proposal).
. PUD Amendment for the relocation of an approved free-market unit, a change in use
from retail to free-market residential, and the development of a mini-golf course pursuant
to Land Use Code Section 26.445.100 B. (The Planning and Zoning Commission is the
final review authority, who may approve, approve with conditions, or deny the proposal.
The Applicant may appeal the decision to the City Council, in which case the Planning
and Zoning Commission's decision shall be considered a recommendation to City
Council).
Additionally, the following land use requests will be reviewed and acted upon by the City
Council:
. Subdivision Amendment for the development of a mini-golf course and for the creation
of two free-market units pursuant to Land Use Code Section 26.480 (City Council is the
final review authority after considering a recommendation from the Planning and Zoning
Commission).
PROJECT SUMMARY:
The Applicant, Hines Highlands Limited Partnership, has requested the approvals necessary to
make changes to the Aspen Highlands Village site specific development plan. The changes
include converting existing retail space and condo meeting room space in Buildings 2 one free-
market residential unit, and developing a mini-golf course at the base of the ski slopes. The
property is part of the Aspen Highlands Village PUD, which received final plat approval from
the Pitkin County Board of County Commissioners in 1998. The area was annexed into the city
in 2000. The proposed changes to the existing PUD include:
. Converting existing retail spaces and a Condominium Meeting Room (Condo PH 2
Units C-2l0l, 2103, and 2104) in Building 2 to one free-market four bedroom
residential dwelling unit.
. Amending the Aspen Highlands Village PUD Plan to develop a mini-golf course
between Buildings 2 and 4.
Exhibit F
Page 2 of 5
Aspen Highlands Subdivision Amendmenl
Exhibit F
Tourist
Accommodations
Seventy-three (73) tourist
accommodation units
Thirty-seven (37) Category 1 dorm
units (to house 61 people)
No Change
No Change
Affordable
Housing
Twenty-two (22) four bedroom single
famil Cate 0 4 affordable sale units
One (1) three bedroom single family
Category 4 affordable housing sale
units
Eight (8) Category 1 and eight (8)
Category 2 one bedroom multi-family
sale units
Two (2) Category 3 one bedroom
rental units
Five (5) Category 3 two bedroom
rental units
No Change
No Change
No Change
No Change
No Change
Commercial
Twenty-one thousand, six hundred
(21,600) square feet of retail space
NLA
Fourteen thousand, one hundred
twenty-five (14,125) square feet of
restaurant s ace NLA
Twelve thousand (12,000) square feet
of accessory skier services (NLA)
Decrease of 3,260 sq. ft. of NLA
(approximately 15% decrease in
retail s ace
No Change
No Change
Parking
Four hundred fifty (450) parking
spaces for the Aspen Highlands Ski
Area
Two hundred and thirty (230) off-street
parking spaces for the affordable
housing and tourist accommodation
units and AHV emplo ees
No Change
No Change
Exhibit F
Page 3 of5
Aspen Highlands Subdivision Amendmenl
Exhibit F
STAFF COMMENTS:
The applicant has withdrawn a portion of the original application that would have required a
Growth Management review. The original application would have required one (I) free-market
residential allotment, but because all free-market allotments for this year have been assigned to
other projects, the Applicant decided to withdraw that portion of the application. The portion
still under review includes the proposed golf course, and the relocation of one, approved but un-
built free market unit. The original PUD called for thirty-two (32) four-bedroom residential
dwelling units. One of these was never built, leaving the applicant with a credit of one (I) four-
bedroom free-market dwelling unit. The Applicant is able to build this unit without receiving a
Growth Management review. Because the unit will not be built in the location approved in the
PUD, a PUD Amendment is required.
PUD AMENDMENT:
As part of the land use review, the Applicant is requesting a PUD Amendment. The PUD review
process is used to evaluate amendments to the original PUD.
1. Change-in-use from RetailfMeeting Space to Free Market Residential
The change-in-use from retail and condo meeting space is not consistent with the Aspen
Area Community Plan. It will result in the elimination of approximately 46% of the
existing Condominium meeting room space and the elimination ofapproximateJy 15% of
the existing retail space. The Philosophy section of the Economic SustainabiJity chapter
states, "The community and its governments should support local ownership as well as
externally-owned businesses that are locally-serving and locally-involved." The change-
in-use from retail to free-market residential contradicts this goal by eliminating retail
space that would otherwise be available to local and external merchants. Staff finds the
overall long-term success of Aspen relies on adequate availability of retail and office
space. The proposed conversion will eliminate some of the few available retail and office
spaces within the city's growth boundary.
The Highlands PUD is mixed-use, so in general residential and retail spaces should be
inter-mixed to create an area with vitality. By eliminating a portion of at-grade, slope-
side retail space, the intended vitality is degraded. The proposed mini-golf course is
adjacent to the retail space in Building 2 that is being proposed to turn into a Free-Market
residential unit. Staff finds that the long-term vitality of the retail space can be enhanced
by the mini-golf course and that Aspen is in need of retail and office spaces like the ones
proposed to be eliminated in this application.
Staff finds the change-in-use does not meet the criteria for a PUD Amendment.
2. Mini Golf Course
The proposed mini-golf course will help increase vitality in the PUD and will provide an
additional attraction for locals and visitors to Aspen. Staff finds the mini-golf course is
consistent with the AACP and meets all the criteria for a PUD Amendment
Exhibit F
Page 4 of5
Aspen Highlands Subdivision Amendmenl
Exhibil F
In reviewing the PUD Other Amendment, the project meets the criteria in part and does not
meet the criteria in part. The mini-golf course proposal meets all PUD review criteria, and
will add an additional amenity to the community. The change-in-use does not meet the PUD
review criteria, as it is not consistent with the original P UD approval, is not consistent with
the AACP, and is not consistent with the surrounding uses. StafJrecommends denvinf! the
change-in-use and avvrovinf! the mini-golf course.
SUBDIVISION AMENDMENT:
The Applicant is requesting subdivision approval because the development of free market
dwelling units requires approval of subdivision pursuant to the definition of subdivision in the
City's land use code. The units will need to be condominiumized in order to demarcate
ownership. Once construction is completed, the developer must file a condominium plat and
documents approvable by the Community Development Director.
In reviewing the subdivision portion of the application, StafJ believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26. 480. 05Q,
Review Standards. The proposed change-in-use is interior to the buildings, and is therefore
consistent with the approved plat. Staff recommends avvrovinf! the subdivision for the chanf!e-
in-use only if the chanf!e-in-use P UD Amendment for the chanf!e-in-use from retail and condo
meetinf! svace to free-market residential units is f!ranted bv the Planninf! and Zoninf!
Commission.
The proposed mini-golf course is an existing open area that is used as ski access in the winter
months. The mini-golf course is consistent with the approved plat.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Housing
Department, Environmental Health Department, and the Parks Department have all reviewed the
proposed application and their requirements have been included as conditions of approval when
appropriate.
RECOMMENDATION:
In reviewing the proposal, Staff believes that the golf course portion of the project is generally
consistent with the goals of the AACP as well as the applicable review standards in the City
Land Use Code, while the Change-in-Use portion of the project is inconsistent with the goals of
the AACP and the applicable review standards in the City Land Use Code. Staff recommends
approval of the golf course portion of the project and denial of the Change-in-Use portion of the
project.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Resolution No._, Series of 2006, to approve of a Substantial PUD
Amendment for the construction of a mini-golf course; and to approve the requested PUD
Amendment for the conversion of retail/condominium meeting space to one (1) free-market
residential unit at 133 Prospector Road. The resolution further recommends to the City Council
the denial of the requested subdivision associated with the conversion of office/retail space to
free market residential."
Exhibit F
Page 5 of 5
Aspen Highlands Subdivision Amendment
Exhibit G
RESOLUTION NO. 34 - 2006
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION
OF CONDOMINUlM MEETING SPACE AND COMMERCIAL SPACE TO ONE (1)
FREE MARKET RESIDENTIAL UNIT; AND FURTHER RECOMMENDING THAT
THE ASPEN CITY COUNCIL APPROVE A SUBDIVISION AND
CONDOMINIUMIZA TION ASSOCIATED WITH A OF CONVERSION
CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1)
FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133
PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN
HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-142-13-550/552
WHEREAS, the Community Development Department received an application from
Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial
PUD Amendment, and a Subdivision Amendment, to convert one (I) commercial space and a
condominium meeting space in Building 2 to one (I) free-market residential unit; and,
WHEREAS, the subject property is in the Aspen Highlands Village PUD; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended denial ofthe proposed conversion of
commercial and condominium meeting space to a Free Market residence and associated land use
requests; and,
WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and
Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote,
approving a Substantial PUD Amendment for the conversion of commercial and condominium
meeting space to one (I) free-market residential unit at 133 Prospector Street. The resolution
further recommended to the City Council the approval of the requested subdivision associated with
the conversion of office/retail space to free market residential; and,
WHEREAS, the Planning and Zoning Commission approved a motion to reconsider the
Application on December 19, 2006 in order to clarify the action taken on December 5, 2006 by a
four to zero (4 - 0) vote; and,
WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning
Commission moved to continue the reconsideration to January 2, 2007; and,
WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning
Commission moved to continue the reconsideration to February 6, 2007; and,
WHEREAS, upon reconsideration on February 6, 2007, the Planning and Zoning
Commission approved Resolution No. 34 Series of 2006, by a three to two (3 - 2) vote, approving a
Substantial PUD Amendment for the conversion of condominium meeting room space and
commercial space in building 2 of the Aspen Highlands PUD to one (1) free market residential unit.
The resolution further recommended to the City Council the approval of the requested subdivision
associated with the conversion of condominium meeting room space to retail space; and,
Resolution No. 34, Series 2006
Page I of 5
Aspen Highlands Subdivision Amendment
Exhibit G
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein;
and,
WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use
and related subdivisionlcondominiumization requests meet the applicable development standards
and are consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public 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 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves with conditions a PUD
Amendment for the conversion of condominium meeting space and commercial space in
Building 2 of the Aspen Highlands PUD to one (1) free market residential unit; and further
recommends that the Aspen City Council approve a subdivision and condominiumization
associated with a conversion condominium meeting room space to retail space for the property
located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS .CONDO PH 2 and ASPEN
HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado.
Section 2: Plat and Al!reement
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends that City Council approve a
subdivision amendment for the conversion in use and that, should City Council grant subdivision
approval, the Applicant shall record a revised subdivision agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final
Condominium Plat may be approved and signed by the Community Development Director upon
substantial completion of construction and prior to the Certificate of Occupancy.
Section 3: pun Plat and Al!reement
I. An Amended 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), as determined to be necessary by the Community Development
Department.
2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final condominium plat meeting the requirements of the Community Development
Engineer and showing easements, encroachment agreements and licenses with
reception numbers for physical improvements, and the location of utility pedestals.
Resolution No. 34, Series 2006
Page 2 of 5
Aspen Highlands Subdivision Amendment
Exhibit G
Section 4: Buildine Permit Annlication
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. A construction noise suppression plan submitted to the City of Aspen Environmental Health
Department if the construction of this project will create noise greater than 80 decibels.
e. A construction management plan (CMP), pursuant to the Building and Engineering
Department requirements. The CMP shall include an identification of construction
hauling routes, constrUction phasing, and a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent. The
CMP shall meet all the requirements described in Section & of this resolution.
f. Accessibility and ADA requirements shall meet adopted building code requirements.
Section 5: Dimensional Requirements
The proposed development as presented in the plans contained within the application dated May
24, 2006 and the application amendment dated November 15, 2006, complies with the
dimensional requirements of the PUD. Compliance with these requirements will be verified by
the City of Aspen Zoning Officer at the time of building permit submittal.
Section 6: Trash/Utilitv Service Area
All trash containers used in construction shall be wildlife proof and meet the Certificate of
Appropriateness regulations pertaining to size and security. All other trash/utility service areas
shall comply with previous approvals in the PUD.
Section 7: Construction Manaeement
A construction management plan shall be submitted with the building permit application that
meets the requirements of the current "Components of a Construction Management Plan"
handout that is available in the City of Aspen Building Department. The construction
management plan shall include at a minimum, a construction parking plan, a construction staging
and phasing plan, a construction worker transportation plan, a plan for accepting major
construction-related deliveries with estimated delivery schedule, the designation of haul routes,
and an agreement with the City to participate with other neighboring developments under
construction to limit the impacts of construction. This agreement shall be prepared by the
developer and accepted by the Community Development Director.
Resolution No. 34, Series 2006
Page 3 of 5
Aspen Highlands Subdivision Amendment
Exhibit G
As part of the construction management plan, the developer shall agree to require all dump
trucks hauling to and from the site to cover their loads and meet the emission requirements of the
Colorado Smoking Vehicle Law. Any regulations regarding construction management that may
be adopted by the City of Aspen prior to application for a building permit for this project shall be
applicable.
The construction management plan shall also include a fugitive dust control plan to be reviewed
by the City Engineering Department that includes watering of disturbed areas (including haul
routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways,
and a representation that the City has the ability to request additional measures to prevent a
nuisance during construction. A temporary encroachment license is required if the City's right-
of-way is used for construction purposes.
Section 8:
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, unless
amended by an authorized entity.
Section 9:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 10:
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 on this 6th day of
February, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Ruth Kruger, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
G:\cilylJessica\CasesIAHV PUD Amend\Substanlial\feb 6 2007 hearinglAHV conversion reso AS PASSED.dnc
Resolution No. 34, Series 2006
Page 4 of5
VI"&.
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
RE:
Stephen Kanipe, Chief Building Official () I"fll
Chris Bendon, Community Development Director l.JJW'"
Urban Wildfire Building Code Regulations
- Second Reading of Ordinance No.7, Series of 2007
FROM:
THROUGH:
DATE:
March 26, 2007
Summary:
Council held a work session in May 2006 to discuss the need for building regulations regarding
wood shake and shingle roof coverings and certain elements of fire resistive construction. As a
City surrounded by public lands and varying degrees of vulnerability with regard to wildfires,
Aspen has the ability to take proactive measures to mitigate the loss of life and property for its
residents by reducing its risk to wildfires. Council directed staff to pursue regulations that would
reduce public exposure to wildfire damage.
The proposed Ordinance requires fire-resistant roof systems be installed for all new construction.
The Wildfire Hazard Map indicates that most of the City is either a Low or Moderate Hazard but
certain areas within the city limit are High Hazard zones. Often, communities do not require
construction mitigation in these low hazard areas; however, staff is recommending that all
structures in the Low and Moderate meet the roof covering and venting requirements of moderate
hazard areas.
These standards for Moderate Hazard Areas include banning Class C roof coverings such as
untreated wood shakes. Materials effective against moderate fire test exposure are Class B roof
coverings such as metal sheets, shingles and treated wood shakes. It is important the Community
Development Staff to continue to permit wood shingles and shakes in these areas as long as they
are treated and fire resistant. In all hazard areas, review for emergency equipment access will be
done by the Fire Marshal.
For High Hazard Areas, Class A or non-combustible roof coverings are effective against severe
fire test exposure. Only slate and certain ferrous and synthetic materials will be allowed in High
Hazard areas. It should be noted that most of the High Hazard areas are un-buildable with the
exception of about 30 sites on McSkimming Lane.
The first reading of this Ordinance was held on March 12, 2007. At that time, Council did not
express concerns or comments on the proposed Urban Wildfire Ordinance.
Staff recommends adoption of Ordinance No.7, Series of 2007.
I
Backl!round:
Throughout the West, communities such as Snowmass Village, Eagle County, Vail, Breckenridge,
Sun Valley and statewide in California are adopting standards in order to mitigate the loss of life
and property in the event of a wildfire. Standards focus on the use of flarne resistant material roof
coverings and screens to prevent burning embers projected by a vegetation fire from entering
building vents.
Community Development staff continues to work with the Aspen Fire District to ensure that the
proposed recommendations are acceptable to the District. The District agrees with all of staffs
recommendations except for the allowance of fire resistant impregnated wood shake shingles. This
divergence in philosophy is understandable when considering the missions of both the Fire District
and the City. At its core, the sole mission of the District is to protect life and property from fire
damage.
The City also is concerned about protecting the safety of its citizenry against the impacts of fire,
but it also has a broader mission. The City must consider promoting an interesting and viable
community in which architecture, aesthetics, and building materials play an important role. As a
result, the staff recommendation is to allow for these fire resistant impregnated wood shake
shingles as a means of achieving fire protection.
Staff spoke with six large roofing contractors and learned that the Class B wood shake is readily
available and costs about 20% more than the untreated product. A Class A wood shake is
produced and is 80% more than the untreated shake but rarely used. The roofers also mentioned
that several Class A synthetic shake looking products are on the market and they have had good
results using them. These materials can address the needs of both the City's and fire district's
mission of protecting life and property from the impacts of fire. It also aids the City in maintaining
a level of aesthetic quality that is compatible to this community's history and setting. Many other
communities have adopted these materials as allowed roofing materials.
Without adoption of these minimum standards, which focus on the use fire retardant wood shakes
and shingles and screening to prevent burning embers from entering vents and soffits, the
community's residents increase their risk ofloss of life and property in the event ofa wildfire.
City Manal!er Comments:
Recommendation:
Staff recommends approval of Ordinance No.7, Series of2007, on second reading.
Attachments:
A. Wildfire Hazard Assessment Map
2
ORDINANCE NO. r
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO TO AMEND THE 2003 INTERNATIONAL BUILDING CODE AND
THE 2003 INTERNATIONAL RESIDENTIAL CODE ESTABLISHED BY
ORDINANCE NO. 59, SERIES OF 2003
WHEREAS, on December 8, 2003, the City Council passed Ordinance No. 59, Series of
2003, adopting the 2003 editions of certain International Building Codes, amending
requirements, procedures and criteria for construction contractor testing and licensing;
and,
WHEREAS, Ordinance No 59, Series of 2003, allows structures within the City of
Aspen to utilize Class C roof coverings or Class C roof assemblies; and,
WHEREAS, The City of Aspen has prepared a Wild Fire Hazard Assessment Map
which identifies areas of low, moderate, and high wildfire hazard; and,
WHEREAS, The City of Aspen City Council considers it in the best interest of the
public health, safety, and welfare to adopt Ordinance _, Series of2007; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1. That Section 8.20 of the Municipal Code of the City of Aspen, Colorado
adopting the 1997 editions of the Uniform Building Code Volumes I, II and III be and is
hereby repealed and reenacted to read as follows:
Section I of Ordinance No. 53, Series of 2003 is hereby amended to read as follows:
(a) Delete Section 1203.2.1 and replace with "Attic ventilation openings, soffit vents and
vents through roofs shall not exceed 144 square inches each. Such vents shall be covered
with noncombustible corrosion-resistant mesh with openings not to exceed \4 inch."
(b) Delete Section 1203.3.1 #6 and replace with "Noncombustible corrosion-resistant
mesh with openings not to exceed 1/8 inch."
(c) Section 1505.1 delete the last sentence and replace with "The mlmmum roof
coverings installed shall be Class B and Class A in the HIGH areas identified by the City
of Aspen Wildfire Hazard Assessment Map."
(d) Table 1505.1, delete all C Classifications and replace with B Classification.
(e) Table 1501.1, delete footnote (a) and replace with "Unless otherwise required to be
Class A covering due to location in High Hazard Area as indicated by the City of Aspen
Wildfire Hazard Assessment Map."
Section 2:
That Section 8.16 of the Municipal Code of the City of Aspen, Colorado adopting
the 2003 edition of the International Residential Code is enacted to read as follows:
Section 2 is hereby amended to read as follows:
(a) Section R3l7.2.2 is arnended by changing the reference to minimum roof covering
required in the exception from Class C to Class A.
(b) Delete section R408.2 #6 and replace with "Noncombustible corrosion-resistant mesh
with openings not to exceed 1/8 inch."
(c) Section R806.l is amended by changing the second sentence to read as follows: "Attic
ventilation openings, soffit vents, and vents through roofs shall not exceed 144 square
inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh
with openings not to exceed ~ inch."
(d) Section R902.l is amended by changing the second sentence to read as follows: "The
minimum roof coverings installed shall be Class B and Class A in the HIGH areas
identified by the City of Aspen Wildfire Hazard Assessment Map."
Section 3 - Administration of Ordinance:
The requirements described herein shall apply to all new construction, re-roofing of an
existing building affecting fifty (50) percent or more of the total roofing area, and the
addition to a building which adds Floor Area as defined in the Building Code. Re-
roofing of a building in phases shall require compliance with the provisions herein if the
sum of the phases shall affect fifty (50) percent or more of the total roofing area.
Construction activities limited to repair and maintenance of roofs, interior conversions
and exterior remodels that do not include roofing or an increase in Floor Area shall be
exempt from these provisions.
Section 4:
If any section, subsection, sentence, clause phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the offices of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on this ordinance shall be held on the 26th day of March 2007, at a
meeting of the Aspen City council commencing at 5:00 p.m. in the City Council
Charnbers, Aspen City Hall, Aspen, Colorado, ten days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of March, 2007.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
,2007.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
TO:
FROM:
THRU:
RE:
DATE:
MEMORANDUM
VI"b
Mayor Klanderud and City Council
Joyce Allgaier, Community Development Deputy Dire:tF:, .
Chris Bendon, Director of Community Development (jJVN\
THE LODGE AT ASPEN MOUNTAIN FINAL PUD, TIMESHARE,
SUBDIVISION, GROWTH MANAGEMENT REVIEWS, 2ND READING OF
ORDINANCE No.5, SERIES OF 2007- PUBLIC HEARING
March 26, 2007 (Continued from March 12th)
Piclure of the exisling Mine Dump
Apartmenls proposed 10 be demolished
to make way for lhe "Lodge al Aspen
Mounlain" (phOlO taken from Soulh
Aspen Slreel). An exisling single-family
residence further down lhe hill off of
Garmisch Slreel is also proposed 10 be
razed and would be the localion for the
fractional residence portion oflhe
project
PROJECT: THE LODGE AT ASPEN MOUNTAIN FINAL pun
REQUEST Approval of a final PUD and timeshare development plan and consideration
SUMMARY: of other land use approvals to demolish the existing Mine Dump Apartments
and one single-family residence in order to redevelop the two properties with
a 118 unit, 175,000 square foot, multi-story structure to consist of 80 hotel
rooms, 21 fractional units, 4 free-market condominium units, 13 affordable
housing units, commercial and ancillary space and 257 parking spaces in two
sub-grade parking garages is requested.
NOTE: Attached is an updated project summary packet describing project
amendments and details requested by City Council. Also attached
is the proposed construction management plan and a summary of
growth management allotments.
ApPLICANT: Centurion Partners, LLC on behalf of Aspen Land Fund II, LLC, represented
by Vann Associates.
LEGAL Block 6 of the Eames Addition and Lots 7-20, Block 11 of the Eames
DESCRIPTION: Addition (and a small triangular shaped lot described by metes and bounds)
STAFF Staffrecommends approval of the development with conditions as put forth in
RECOMMENDATION: Ordinance No.5, Series 2007.
-1-
PLANNING COMMISSION REVIEW AND RECOMMENDATION:
On February 6, 2007, the Planning and Zoning Commission took action on this
application and recommended in favor by a unanimous vote of 4-0 to recommend final
approval of the development proposal. The P&Z conducted 3 public hearings to discuss
and deliberate on the final application. There were five key areas of focus and
reevaluation in the final PUD review process for the P&Z, as follows:
. The structural massing, height, and scale changes since conceptual review,
. The site plan changes, including access, street facing walls and setback changes
along South Aspen Street,
. The provisions for making the development exceptionally energy efficient,
. The Construction Management Plan, and
. The public infrastructure and landscaping associated with the project to ensure
that public improvements were comprehensive, created a sense of place, and
complemented the needs of the neighborhood (especially on-street parking,
sidewalk location and design, and landscaping in the public areas).
The P&Z's approval is reflected in the proposed City Council ordinance included in this
report. (Minutes of the P&Z hearings will be provided with the 2nd reading packet.) The
conditions of approval are those which the P&Z adopted in its Resolution No.3, Series of
2007, after its deliberations. Overall, the P&Z felt that the evolution of the project
through conceptual and final has yielded an excellent project for the site. It is a
development that takes advantage of a key site that is highly appropriate for lodging and
tourist and ski area related uses, the development is exceptional in terms of achieving
affordable housing and energy efficiency goals, and the project solves some outstanding
issues of parking and the safety of South Aspen Street.
PROJECT BACKGROUND:
The Lodge at Aspen Mountain project received conceptual PUD and conceptual
timeshare approval through City Council Resolution No. 69, Series of 2005 on November
28, 2005. Conceptual PUD and timeshare approval was granted for a hotel containing
eighty (80) hotel units, twenty-one (21) timeshare units, four (4) free-market residential
units, and sixteen (16) on-site affordable housing units after more than fifteen (15) public
hearings before the Planning and Zoning Commission and City Council that spanned over
approximately two (2) years.
In unanimously granting the conceptual approval, City Council called for work to be done
on the overall scale of the proiect, the interaction of the project with South Aspen Street,
and the preservation of views of Shadow Mountain from South Aspen Street before the
project should be considered for final approval. Staffs evaluation of the Final PUD
application shows that the Applicants have significantly arnended the development plan
to address the concerns of Council. Numerous significant changes have been made to the
building elevations, massing and height, access points, relationship of the building to the
street and energy efficiency.
- 2-
REVIEW PROCESS:
The City's land use code establishes that the Plarming and Zoning Commission is the
final review authority on several of the Growth Management requests, 8040 Greenline,
and Conditional Use requests. Additionally, the Planning and Zoning Commission is the
recommending body to City Council on the Final PUD, Final Timeshare, Growth
Management for multi-year allotments and subdivision requests.
ApPLICABLE LAND USE CODE SECTIONS: The following land use approvals are required
in conjunction with this final application and the purview of final approval is also noted.
I) FINAL PLANNED UNIT DEVELOPMENT (PUD): A PUD is requested by the Applicant to
I.) establish the allowable floor area, building height, open space, parking and setback
requirements for the proposed lodge, and 2.) to allow timeshare lodge development.
(Staff has prepared specific findings for the Final PUD in Exhibit "A"). Final Review
Authoritv: City Council.
2) FINAL TIMESHARE: The Applicant proposes to sell 1/8th undivided fractional interests
in the twenty-one (21) fractional units. To qualify as a timeshare, the proposal must
comply with the Review Standards for Timeshare Lodge Development (See Staff
Findings for Final Timeshare contained in Exhibit B) pursuant to Land Use Code
Section 26.590, Timeshare. Final Review Authoritv: City Council.
3) SUBDIVISION: Subdivision review is required for land which is to be used for
condominiums, apartments, or any other multi-family dwellings and to sell the
lodge's fractional units pursuant to a timeshare use plan. Final Review Authoritv:
City Council.
4) GROWTH MANAGEMENT OUOTA SVS1EM REVIEWS: The following GMQS reviews are
requested:
. Conversion of Residential Reconstruction Credits to Tourist Accommodation
Units: The Applicant proposes to use this exemption to convert fifteen (15) of the
nineteen (19) residential reconstruction credits (from the demolition of existing
units at the Mine Dump Apartments and the existing single-family residence) into
forty-five (45) of the eighty (80) proposed hotel units (utilizing a multiplier of 3, as
allowed in the Code - additional explanation on this process is provided later in the
report) pursuant to Land Use Code Section 26.470.040(C)(4), Growth Management
Review: Conversion of Residential Reconstruction Credits to Lodging Units. Final
Review Authority: Plarming and Zoning Commission Granted bv P&Z.
· ExpansionlNew Commercial, Lodge. or Mixed Use Development: In order to
construct the remaining fifty-six (56) hotelltimeshare lodge units that are not
accounted for by the residential reconstruction credits that are requested above, the
Applicant has requested growth management review for new lodge rooms pursuant
to Land Use Code Section 26.470.040(C)(2), Growth Management Review:
- 3-
Expansion/New Commercial, Lodge, or Mixed Use Development. Final Review
Authority: Plarming and Zoning Commission. Granted by P&Z.
· Affordable Housing: This review is requested in order to construct the thirteen
(13) proposed affordable housing units pursuant to Land Use Code Section
26.470.04(C)(7), Growth Management Review: Affordable Housing. Final Review
Authority: Planning and Zoning Commission. Granted by P&Z.
· Affordable Housing Outside of Citv Limits: In order to provide affordable
mitigation outside of the city limits as has been proposed in this application, the
proposal must satisfy the review criteria set forth in Land Use Code Section
26.470.040(D)(2), Growth Management Review: Provision of Required Affordable
Housing Units Outside City Limits. Final Reyiew Authority: City Council.
· GMOS-Multi-Year Allotments: The Applicant requires approval of multi-year
allotments for the commercial component of the hotel because the 2006 growth
management allocation for commercial square footage has already been applied for
and assigned to other development applications. The application must meet the
criteria established in Land Use Code Section 26.470.040(D)(1), Growth
Management Review: Exceptional Project or Multi-Year Development Allotment.
Final Reyiew Authority: City Council.
· Reolacement of Demolished Units through the Resident Multi-Family
Reolacement Prograrn: In order to utilize the residential reconstruction credits from
the demolished units of the Mine Dump Apartments, the Applicant must replace
fifty percent of its units and bedrooms as deed-restricted affordable housing on the
site. If the Applicant complies with the applicable criteria, they may receive
approval for this pursuant to Land Use Code Section 26.530, Resident Multi-family
Replacement Program. Final Reyiew Authority: Community Deyelopment
Director.
5) CONDOMINIUMlZATION: Approval of a condominium plat is required in order to sell
the free-market residential units and timeshare estates individually. Final Review
Authority: City Council.
6) CONDmONAL USE REVIEW: A conditional use review is required for the restaurant
that is proposed pursuant to the requirements of Land Use Code Section 26.425,
Conditional Uses. Final Review Authority: Planning and Zoning Commission.
Granted by P&Z.
7) 8040 GREENLINE REVIEW: All development within 150' above or below the 8040 foot
elevation above sea level is subject to specific environmental impacts review pursuant
to Land Use Code Section 26.435.030, 8040 Greenline Review. Final Review
Authority: Plarming and Zoning Commission. Granted by P&Z.
8) PARTIAL VACATION OF DEAN STREET:
- 4-
The development as proposed relies on a small section of the Dean Street right of way
to be vacated. This action is handled by the City Council and while it has been
initiated and discussed as part of this development will need to be addressed in a
separate action and ordinance. Staff is intending that this will follow soon after the
Council handles the PUD. The PUD ordinance references that the approval relies on
approval of the right of way vacation.
PROPOSED DEVELOPMENT:
The Applicant is proposing hotel/timeshare project containing one hundred and one (10 I)
hotel and timeshare lodge units, four (4) free-market residential units, thirteen (13)
affordable housing units, a spa, and a restaurant in a building of 175,000 square feet. The
project site consists of two parcels - known for these pI arming purposes as Parcel I and
Parcel 2 (see the application for the boundaries of Parcels 1 and 2). Parcel I includes the
lower portion of the site, north of Juan Street and west of South Aspen Street, where a
small existing single-family residence and a vacant field is located. Parcel I is proposed
to be the site for the majority of the fractional units, the spa and fitness center, the
affordable housing units, the outdoor pool and terrace, two (2) of the free-market
residential units, and 170 of the 257 parking space s proposed in the project.
Parcel 2 comprises the upper portion of the site, south of Juan Street and west of South
Aspen Street, where the Mine Dumps Apartments and Aspen Skiing Company employee
parking lot are presently located. The uses that were proposed on Parcel 2 in the
application include the majority of the hotel rooms, the remainder of the fractional units,
the other two (2) free market units, the apres ski/dining terrace, ballroom, meeting rooms,
lobby, restaurantlbar, sundries shop, and the other 87 space parking garage.
HOTEL UNITS: Of the 101 proposed units, eighty (80) are to be hotel rooms in five (5)
different room configurations, which are broken down in the table below:
I Hotel Units: II No. of Units II Unit Size Lock-Off Capability I
Standard Hotel Rooms 39 I 370-580 Sq. Ft. No Lock-Off I
Executive Rooms 31 590-830 Sa. Ft. No Lack-Off I
I-BR Suites 8 930-1,020 Sq. Ft. No Lock-Off I
2-BR Suites 1 I 1,100 Sq. Ft. No Lock-Off I
3-BR Presidential Suite 1 I 1,730 Sq. Ft. No Lock-Off I
Total Hotel Keys 80 ------------------- No Lock-Off I
FRACTIONAL UNITS: Twenty-one (21) fractional units of varying size are proposed
(see table below) to be sold in 1/8th interests. These are to be located primarily in the
structure located on the north end ofthe site on Parcel I, with (9) of the twenty-one (21)
units located on the third and fourth floors of the structure on Parcel 2. Each purchaser of
an interest in the units are to be guaranteed a maxirnum of four (4) weeks of occupancy
(two (2) weeks in the summer and two (2) weeks in the winter) in a specific unit type,
which accounts to a total of thirty-two (32) weeks a year (4 weeks x 8 shares/unit).
Seventy (70) days per year in each unit are to be considered "float time" which owners
-5-
could reserve (at least 30 days in advance and whatever time was left over was to be
available to the public at large to rent on a nightly basis). No lock-off of the fractional
units is contemplated (for a full review of the proposed timeshare program, see Timeshare
review later in the report).
I Fractional Units: II No. of Units I Unit Size Lock-Off Canabilitv
I 3-BR Units I 7 1,800 - 2,345 Sa. Ft. No Lock-Off
I 4-BR Units I 14 2,000- 3,600 Sa. Ft No Lock-Off
I Total Fractional Units I 21 ----------._-------- .-------------------
FREE MARKET CONDOMINIUM UNITS: Four (4) free market condominiums are
proposed to be located on the top of each of the lodge structures. The application
requests that the developer have the option to place these units in the timeshare pool if
they wish to.
Free Market Units: No. of Units I Unit Size II Lock-Off Capability I
4-BR Units 4 4,240- 3,450 Sq. Ft. I No Lock-Off I
Total Free Market Units 4 -------------------- ------------._------
AFFORDABLE HOUSING UNITS: In order to meet a portion of the affordable housing
requirements (those related to the Multi-Family Replacement Prograrn), thirteen (13)
affordable housing units are proposed to be provided on-site, ten (10) of which are
completely above-grade on first level of the structure to be constructed on Parcell. Nine
(9) of these units that are completely above grade have individual entrances that open out
to the north. The other three (3) affordable housing units are partially above-grade and
partially below grade and their entrances are located in a common hallway that runs
adjacent to the spa. In total there are ten (10) studio units, two I-bedroom units, and one
2-bedroom unit proposed on-site. The following table describes the distribution of
affordable housing units proposed on the site:
Affordable Units: No. of Units Unit Size
Studio Units 10 416- 490 Sa. Ft.
I 1-BR Units II 2 I 604- 754 Sa. Ft.
I 2-BR Unit II 1 I 852 So. Ft.
I Total Affordable Housing II 13 I ---------------------
The affordable housing units being provided on-site satisfy the resident multi-family
replacement program requirements for the demolition of the Mine Dump Apartments. To
satisfy the remainder of the employee housing mitigation requirements for the hotel, the
Applicant has proposed off-site units to be constructed in both the City and in the County
within the Urban Growth Boundary. During the conceptual review of the application, the
Applicant proposed to provide 60% of the employees to be housed within the city limits
and 40% ofthe employees to be housed in Pitkin County. City Council seemed to believe
- 6-
this as an acceptable distribution of the necessary employee mitigation at the time of
conceptual PUD review.
Related to this project, the Applicant has submitted a separate land use application to
construct thirty-two (32) units of affordable housing on the Smuggler Racquet Club
property, which would house 70 of the employees that are required to be mitigated for.
Additionally, the Applicant is currently constructing seventeen (17) units of affordable
housing at the AABC, eight of which they would like to use as employee housing
mitigation for the lodge project. The other nine (9) units are to be used to partially
mitigate the employee housing requirements of the Residences at Little Nell. Please see
Staff's discussion about the proposed employee housing mitigation under "Staff
Comments".
DIMENSIONAL REQUIREMENTS: The following table outlines the proposed dimensions
of the project and compares them to the underlying L/TR Zone District regulations that
were in affect at the time the Conceptual PUD application was originally submitted in
October of 2003 (dimensional requirements to be established through the PUD process
are shaded):
Dimensional
Requirement
Minimum Lot Size
Minimum Lot Areal
Dwelling
Front Yard Setback
Side Yard Setback
Rear Yard Setback
Proposed
Development
39,249 Sq. Ft. *
represents the
smallest of the two
existing parcels
Multi-Family- I
bedroom per 1,000
square feet oflot area.
Lodge- No
Requirement
Parcel 1- 2.8 to 10.8'
Parcel 2- 5.9 to 58.9'
Parcel 1- East Side
Yard-7.4 to 31.2'
West Side Yard-
106.2'
Parcel 2- North Side
Yard- 0'
South Side Yard- 8 to
33'
Parcel 1- 13.6 to
39,249 Sq. Ft.*
represents the
smallest of the
two existing
arcels
Multi-Family- I
bedroom per
1,000 square
feet oflot area.
Lodge- No
Re uirement
*ParceU- 4'4"
Parcel 2- 8'
*Parcel 1- East
Side Yard- 8'
West Side Yard-
115.5'
Parcel 2- North
Side Yard- 5' 2"
South Side
Yard- 5'4"
*Parcel \.3'6"
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2003 LrrR Zone
District
6,000 Sq. Ft.
Multi-Farnily- I
bedroom per I ,000
square feet of lot
area.
Lodge- No
Re uirement
10 Feet
5 Feet
10 Feet
Allowable Building
Height
60 @ ridge,
47' as measured
by code
28 Feet
(Current
district
ter
25% (24,555 square
feet
1:1 (93,815 square
feet
118 Parking Spaces
Lodge
allows
Required Open Space
Allowable FAR
Off-Street Parking
VElllCULAR ACCESS: Guests and residents of the facility are to arrive by one of two
entrances off of South Aspen Street, depending on what portion of the structure they want
to access (although all uses in the structure are accessible from inside). It was plarmed
that those guestslresidents that wished to access the majority of the fractional units, the
spa and fitness center, and the affordable housing units on Parcel 1 would enter into the
underground parking garage from the northernmost entryway. Guestslresidents desiring
to access the main entry to the hotel, the remainder of the fractional units, the free market
units on Parcel 2, the restaurant and bar, ballroom and the other accessory uses on Parcel
2 were to arrive into the southernmost entrance from South Aspen Street.
OFF-SITE IMPROVEMENTS: Several off-site improvements of note are included in the
proposal. In addition to widening Juan Street to city standards and dedicating additional
right-of-way to accommodate it and installing curb, gutter, sidewalks, planting strip and
street trees, the Applicant also proposed to make some significant improvements to the
base of this side of the ski area (in cooperation with the Aspen Skiing Company).
Additionally, the Applicant has proposed to completely reconstruct and snowmelt South
Aspen Street south of Durant Avenue in conjunction with the Lift One Lodge project that
is proposed on the east side of South Aspen Street. The reconstruction ofthe street would
terminate in a cul-de-sac at the southem terminus of the street. Finally, the Applicant
proposes funding the replacement of the existing Lift I A with a high speed double lift. It
is proposed that the Applicant would contribute $4 million dollars so that the Aspen
Skiing Company could construct the new lift. The Applicant has provided a letter from
the Aspen Skiing Company that identifies that the new lift would be proposed to be up
and running the first ski season that the Lodge at Aspen Mountain would be operational.
STAFF COMMENTS:
Consistency with Conceotual Almrovals:
As was mentioned at the beginning of the memorandum, the Applicant received
conceptual PUD and timeshare approval for the proposed development on November 28,
2005. The conceptual approvals that were granted by City Council were for a
hotel/timeshare lodge containing eighty (80) lodge units, twenty-one (21) fractional lodge
units, four (4) free-market residential units, and sixteen (16) affordable housing units.
- 8-
City Council approved the conceptual proposal with direction to the Applicant to further
scale back the massing of the project. Council also directed the Applicant to enhance the
relationship of the structure with South Aspen Street to provide for a more pedestrian
fiiendly feel. Finally, Council also discussed that the building should frame the view of
Shadow Mountain from South Aspen Street better than was represented in the conceptual
design.
The application indicates that the Applicant has revised the design of the lodge since the
conceptual approvals to try and address the comments that they heard from City Council
during the conceptual review. Staff believes that the overall use program is similar to
what was approved during conceptual with the exception that the Applicant has removed
three (3) of the on-site affordable housing units from the development plans that were
approved during the conceptual review. The timeshare plan that is proposed is also
identical to the conceptual timeshare use plan. The dimensions proposed are also similar
to the dimensions that were approved during the conceptual review as is evident by the
dimensional requirement chart included above. In the following paragraphs, Staff
addresses the direction that Council provided to the Applicant during the conceptual
review and analyzes the Applicant's response.
Scale and Massinf!:
The application explains that the overall height of the structure in most places has been
reduced from the plan that was conceptually approved. The conceptual design contained
ridge heights that were around 60 feet, which have been reduced, with an overalI
maximum ridge height on the final PUD plan topping out at 55 feet. Related to the ridge
height reduction, the arnount of the roofline that exceeds 42 feet as measured by the land
use code height methodology has been reduced from about 60% of the roof to around
50% ofthe roof.
Staffs most significant massing concern with the original conceptual design was the
perceived massing of the building module that was proposed directly to the south of Juan
Street that extends to the corner of Juan Street and South Aspen Street. Staff believed
this portion of the building to be the most visible portion of the building from the corner
of South Aspen Street and Durant Avenue, a very public vantage point. Throughout the
conceptual review of the proposal, Staff and the Plarming and Zoning Commission
requested that the Applicant reduce the massing of this element of the building. The
Applicant did so to satisfy Staff and the Plarming and Zoning Commission's concern over
the massing of this element prior to the Planning and Zoning Commission issuing a
recommendation on the conceptual design.
During City Council's review of the conceptual design, Council appeared to be focused
on the overall massing of the central portion of the building located on Parcel 2. Since
the conceptual review, the Applicant has removed the two (2) significant east to west
running ridges, one each in the narrow parts of the building that were proposed to the
north and the south of the main entrance to the lodge on South Aspen Street. The
removal ofthe ridges can be viewed in the photo below:
- 9-
Staff and the Planning and Zoning Commission felt this central portion of the building
was significant in scale, but chose to focus more on the other portion of the building
described above because it will be more visible outside the immediate neighborhood than
the central portion of the building. Nonetheless, Staff believes that the Applicant has
responded to the concerns expressed by City Council about the central part of the building
by removing the major rooflines. Staff feels that the removal of the significant chimneys
that were illustrated in the conceptual design is also a considerable improvement to the
central massing of the structure.
Relationship with South Aspen Street:
Council expressed a need for the building to have a stronger relationship with South
Aspen Street than it did during the conceptual review. In response, the Applicant has
made the previously recessed main entrance to' the lodge on South Aspen Street a more
prominent feature of the fayade by bringing it closer to the street. The Applicant has also
provided a covered porte-cochere at the lobby entrance to provide more of a presence on
South Aspen Street. Courtyards have also been provided on both sides of the porte-
cochere to provide a space that the pedestrian can use. Staff believes that the design does
now interact better with the streetscape, but Staff does feel that some further
improvement can be made by providing additional benches and other landscaping
features adjacent to the right-of-way to draw the pedestrian's attention to the property.
View of Shadow Mountain from South Aspen Street:
There was discussion by City Council about the building framing the view of Shadow
Mountain better from the Dean Street corridor area. The Applicant has provided several
renderings from the perspective of South Aspen Street that are included in the
application. Staff feels that the view of Shadow Mountain from South Aspen Street
would be frarned better if the Applicant were to remove the covered walkway over Juan
Street. However, Staff does understand the Applicant's argument for needing the covered
walkway that was made in the conceptual reviews. During the conceptual review, the
Applicant expressed that they needed to maintain the covered walkway in the design for
. 10-
the purpose of connecting the main hotel with the fractional ownership component so that
the housekeeping staff would not have to exit the structure and cross Juan Street to
service both portions of the lodge. That said, the covered walkway over Juan Street has
been lowered since the conceptual review concluded.
The Applicant did pull the northern portion of the structure on Parcel I back further to the
south in order to provide a greater view corridor towards Shadow Mountain between the
Lift One Condominiums and the proposed building.
Growth Manallement Ouota Svstem (GMOSl:
In order to obtain the development rights to build the majority of the lodge's units,
several different GMQS reviews are requested. Staff has separated each review out
below with a further explanation and staff position on their compliance with the review
criteria:
CONVERSION OF RESIDENTIAL RECONSTRUCTION CREDITS TO LODGING UNITS: The
conversion of residential reconstruction credits derived from the demolition of the Mine
Dump Apartments (eighteen (18) existing units) and the single-farnily (one unit) into
lodge units requires growth management approval subject to compliance with the review
standards set for in Land Use Code Section 26.470.040(C)(4), Conversion of Residential
Reconstruction Credits to Lodging Units. The Applicant proposes to convert fifteen (15)
of the site's nineteen (19) residential reconstruction credits, at a rate of 3 lodge units per
residential unit, into forty-five (45) lodge development rights (3 x 15 = 45). The
remaining four (4) residential credits will be used for the project's four (4) free market
residential units. Mitigation for 60% of the employees that would be generated by these
forty-five (45) lodge units is included in the Applicant's overall mitigation plan.
REPLACEMENT OF DEMOLISHED UNITS THROUGH THE RESIDENT MULTI-FAMILY
REPLACEMENT PROGRAM: Pursuant to the Section 26.530 of the regulations, fifty percent
of the bedrooms and fifty percent of the square footage of any multi-farnily residential
units must be replaced on-site in the event they are demolished. The reconstruction of
such units is exempt from GMQS if the reconstructed units meet the requirements of the
Housing Replacement Program. According to the Applicant, sixteen (16) of the nineteen
(19) existing units on the site qualify as residential multi-farnily housing (the Code
defines this as a dwelling unit which has in its history ever housed a working resident and
which is located in a multi-family residential building) and are therefore subject to the
replacement requirements. Building C of the Mine Dump Apartments is considered to be
a duplex for regulatory purposes so, along with the single-family, is exempt from the
requirements of Housing Replacement Program. See the chart below for a breakdown of
the existing units, the replacement requirements per the Code, and the Applicant's
proposal to satisfy the requirements:
-11-
PROPOS'EDR'EPLAC'EM'ENT PROPOSED LOCATION OF .. DOES IT COMPLY
HOUSING: R'EPLACEM'ENT WIll'EPL~CEMENT
aOUSING: REOtJmEMli:NTS?
Dwelling Units.. ......... .... 13 On-site on Parcel 1 Yes
Bedrooms.................... . 14 On-site on Parcel 1 Yes
Net Residential Area (sq. ft.) 6,050 Sq. Ft. On-site on Parcel 1 Yes
MINE DUMP APARTMENTS EXISTING MINIMUM R'EQUIRED UNITS!
PROPOSED TO BE UNITS! HOUSING SQ. FT.:
DEMOLISHED: SQFr.: R'EPLACEMENT
R'EQUIREMENTS:
Building A
Dwelling Units................. 11.......... .. No Requirement. . . . . . N/A
Bedrooms.................... ... 16............ 50% of Bedrooms. .... 8 (16 x 50% ~ 8)
Net Residential Area (sq. ft.) 6,009........ 50% of Net Sq. Ft... 3,005 (6,009 x 50%)
Building B
Dwelling Units..... ........... D No Requirement...... N/A
Bedrooms.................... .. 7............. 50% of Bedrooms..... 4 (7 x 50% ~ 3.5)
Net Residential Area (sa. ft.) 1,713....... 50% of Net So. Ft.... 856 (1,713 x.5 ~ 856)
Building C None: Duplex's are
Dwelling Units................ 2............. exempt from Housing
Bedrooms.................... .. 3............. Replacement
Net Residential Area (sq. ft.) 1,872..... .. Requirements
Total Requirement: Units.................. 8
Bedrooms............ 12
Net Sq. Ft. 3,861
GROWTII MANAGEMENT REVIEW-NEW LODGE UNITS AND COMMERCIAL
DEVELOPMENT: The third type of growth management approval necessary for the
proposed lodge is a growth management review for the construction of the remaining
fifty-seven (57) lodge/timeshare lodge units that were not included in the lodge units that
are to be derived from the forty-five (45) reconstruction credits as is discussed above.
These fifty-seven (57) lodge units are required to be mitigated for at a rate of 60% of the
employees that are anticipated to be generated by these units. Additionally, the accessory
commercial space in the lodge is also required to be mitigated for at a rate of 60% of the
employees that are anticipated to be generated by the commercial space pursuant to Land
Use Code Section 26.470.040(C)(2), Growth Management Review: Expansion/New
Commercial, Lodge, or Mixed Use Development. The mitigation calculations for the new
lodge units and the commercial space are as follows:
- 12-
Lodge Development- 160 Lodge Bedrooms multiplied by .5 FTEs per
bedroom equals 80 FTEs, 80 FTEs multiplied by 60% mitigation
requirement equals 48 FTEs
Accessory Commercial Space- 20,088 square feet minus 4,540 square
feet located in the basement of the development equals 15,548
square feet on the main level, 15,548 square feet divided by 1,000
square feet equals 15.548, 15.548 multiplied by 4.1 FTEs equals
63.6 total FTEs
4,540 square feet located in the basement divided by 1,000 square
feet equals 4.54, 4.54 multiplied by 3.075 FTEs (4.1 FTE rate
discounted by 25% for basement square footage) equals 13.9 total
FTEs
63.6 FTEs for at grade commercial space plus 13.9 FTEs for below
grade commercial space equals 77.5 FTEs, 77.5 FTEs multiplied by
60% mitigate rate equals 46.5 FTEs to be mitigated.
Therefore, in total the Applicant would be responsible for mitigating for 94.5 FfEs,
but the applicant is exceeding this requirement by housing 115 employees, or 22%
more than required.
PROPOSED MmGATION: As was discussed above, the thirteen (13) on-site
affordable housing units satisfy the multi-farnily housing replacement program
requirements and will provide employee housing credit for 18.25 FTEs. Additionally,
seventy (70) FTEs are proposed to be housed off-site in a project that is proposed to be
constructed on the Smuggler Racquet Club property, which is within the City limits.
Finally, twenty-seven (27) FTEs are proposed to be housed within nine (9) units that are
to be constructed at the AABC as part of a seventeen (17) unit project that the Applicant
has received approval for from the Board of County Commissioners. The proposed
methods of mitigation are outlined in the following chart:
Locatlou.ofMiti2ation Number of Units Employees Mitie:atlld
On-Site 13 Units 18.25 FTEs
10 Cat. 2 Studios 10 x 1.25 FTEs= 12.5 FTEs
2 Cat. 3 I-Bedroom 2 x 1.75 FTEs= 3.5 FTEs
I Cat. 22-Bedroom 1 x 2.25 FTEs= 2.25FTEs
Smuggler Racquet Club 32 Units 70 FTEs
16 I-Bedroom 16 x 1.75 FTEs= 28 FTEs
8 2- Bedroom 8 x 2.25 FTEs= 18 FTEs
8 3-Bedroom 8 x 3 FTEs= 24 FTEs
AABC 9 Units 27 FTEs
9 3-Bedroom 9 x 3 FTEs= 27 FTEs
Total 54 Units 115 FfEs
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The proposed mitigation exceeds the % spelled out in the conceptual approval--requiring
60 percent of the affordable housing mitigation be provided within the City limits and
allowing for 40 percent of the required mitigation to be provided outside of the City but
within the Urban Growth Boundary-by providing 77% of the employee housing within
the city. Staff has included a condition of approval in the proposed ordinance reinforcing
that 60 percent of the mitigation be provided within the City and that all of the affordable
housing mitigation shall be constructed and issued a certificate of occupancy prior to the
lodge obtaining a certificate of occupancy.
ReQuired Off-Street Parkin!!:
The parking requirement will be established through this PUD. Pursuant to Land Use
Code Section 26.515, Off-street Parking, the Lodge zone district requires a certain
amount of parking spaces based on the type of uses requested. In terms of this project,
the required arnount of parking is provided for all of the lodge rooms, the fractional units,
affordable housing units (through Special Review), and the condominiums. Additionally,
they are replacing the 30 parking spaces that the Aspen Skiing Company leases out under
an agreement made with a prior owner of the property. Finally, the Applicant is
proposing to sell or lease 139 of the parking spaces to the general public as is discussed
below. The one area where the Applicant proposes to establish a different parking
requirement is with respect to those accessory uses referred to as "other uses" by the Code
(see the table below for different parking requirements):
Tvne or Use Code Requirement UnitslBR's I Required I Pronosed
Lodge Rooms 0.5 spaceslbedroom 180 bedrooms II 40 spaces I 40 spaces
Fractional Units 0.5 spaces/unit' 21 units III spaces 111 spaces
Other Uses I spacell,OOO sq. ft. of net 20,088 sq. ft. 120 spaces 1120 spaces 1
leasable area of net leasable
area
Residential Units I space/dwelling unit 4 units 4 snaces 4 spaces
Afford. Housing By Special Review' 13 units 13 spaces 13 spaces
Aspen Skiing Co. Ex. spaces to be replaced' N/A 30 spaces 30 spaces
Neighbors/General No Requirement. N/A N/A 139 spaces
Public
I Total: I -------------------------------- ------------------- 118 soaces 257 spaces
, Pursuanllo Section 26.590.070.E.I, parking for timeshare units is based on !he 10lal number of proposed
lockoul rooms in lhe developmenl, nol!he number of bedrooms
, Al!hough lhe exacl requirement is delermined ihrough Special Review, lhe generally held formula for
affordable housing units of this size is 1 space/unit. For mOTe information, see the Special Review section
laler in !he report.
, The Aspen Skiing Company currently ulilizes a portion of Parcel 2 for employee parking purposes, which
is secured by a 99-year lease wi!h the previous owner of !he property-which !he applicanl musl maintain
(See Exhibil 6, Appendix B of !he Applicalion). The agreemenl, !hough, allows for !he replacemenl of !he
parking in a sub-grade parking garage subjecllo !he approval of !he Skiing Company. Their consenl has
been provided (see Exhibil5, Appendix B).
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In reviewing the proposed parking, the project complies with the specific code
requirements for parking for the hotel, fractional, condominium, and affordable
housing units and, consequently, no variations are being requested.
Commercial Parkinf! Facility:
As noted above, the Applicant has proposed to sell or lease 139 of the 257 parking
spaces. Specifically, thirty (30) of these 139 parking spaces are proposed to be sold to the
Lift I Condominiums in order to help alleviate their on-site parking deficit. According to
the application, the remaining 109 parking spaces are proposed to be sold or leased to
members of the general public to help defray the costs of the development. In order to
sell or lease parking spaces to the general public with no association to the project, a
conditional use approval is necessary because a commercial parking facility is a
conditional use in the L/TR Zone District that was in place when the conceptual PUD
application was originally submitted. Related to providing the commercial parking
facility, the Applicant has proposed to reconstruct South Aspen Street on the south side of
Durant A venue to be able to accommodate the additional traffic that would be generated
by the Commercial Parking portion of the development as is discussed below.
In evaluating whether a commercial parking facility is appropriate in this location, Staff
has considered comments that we have heard from PI arming and Zoning Commission
members and residents in the immediate neighborhood. Many of these comments that
were provided to Staff during the conceptual application review expressed that the on-
street parking situation in the neighborhood is very congested since several of the
condominium complexes in the area that were built in the 1970s do not have the
necessary on-site parking to accommodate their needs.
South Aspen Street Reconstruction and Snowmelt:
During the conceptual application review, one of the considerable technical issues that
needed to be addressed was the safety of South Aspen Street on the south side of Durant
A venue. There was concern that the existing road could not handle the increased traffic
that would be generated by the development given the steep grade and the build-up of ice
and snow that is currently typical of the street. At the conclusion of the conceptual
review, it was required in City Council Resolution No. 69, Series of 2005, that the
Applicant would come back as part of the final PUD development review with a plan to
make South Aspen Street safe for the additional traffic anticipated to be generated by the
proposed lodge. This resolution also required the Applicant to consult with other
property owners along South Aspen Street that may be looking to redevelop their
properties in the near future to ensure that any updated road design would safely
accommodate their traffic generation needs as well.
In response to these conditions, the application indicates that the Applicant is proposing
to reconstruct South Aspen Street on the south side of Durant Avenue and snowmelt it to
safely accommodate the additional traffic that the would be generated by the proposed
development and the development application for the Lift One Lodge that has been
submitted on the east side of South Aspen Street. According to the application, the idea
is that The Lodge at Aspen Mountain and the developers of the Lift One Lodge would
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share the costs of snowmelting and reconstructing the road if they both receive approval
through the formation of a an improvement district. However, the application also
expresses that the Lodge at Aspen is prepared to take on the entire costs of improving
South Aspen Street in this manner in the case that the Lift One Lodge does not move
forward.
The design of the street is proposed such that it would remove the on-street parking that
currently exists to narrow the overall pavement width of the street, providing for less
pavement to heat. At the same time, the loss of the on-street parking would allow for the
actual travel lanes to be widened to fourteen (14) feet each. At the top of South Aspen
Street, a cul-de-sac is proposed for skier drop-off and for fire truck turn around purposes.
The loss of on-street parking is proposed to be mitigated in the Lift One Lodge
development through the construction of a public parking garage under Willoughby Park.
The Applicant has proposed to snowmelt the street by using a traditional snowmelt
system that incorporates gas fired boilers to heat the street and adjacent sidewalks. The
application indicates that the Applicant explored the use of a Ground Source Heat Pump
(GSHP) to heat the road using heat from the earth. However, several consultants
including CORE and RMI recommended that it would be considerably more efficient to
heat and cool the Lodge at Aspen Mountain and the Lift One Lodge by using the GSHP
rather than using it to heat the road itself. Therefore, to conserve energy in order to
mitigate for snowmelting South Aspen Street, the Applicant has proposed to use the
GSHP to reduce the energy usage of the lodge itself.
In analyzing the Applicant's proposed solution to making South Aspen Street safe for the
additional traffic that would be generated by the Lodge Aspen Mountain and the Lift One
Lodge on the east side of South Aspen Street, Staff believes that snowmelting the street is
certainly the safest way to ensure that the street can handle the increased traffic. Staff
does believe that some assurance is necessary that the on-street parking that would be
removed from South Aspen Street in the new design is mitigated for even if the Lift One
Lodge does not pan out. Therefore, Staff has recommended a condition of approval in the
proposed ordinance that would require that fifty (50) of the parking spaces in the Lodge at
Aspen Mountain be available to the general public for short-term parking until such time
as the Lift One Lodge is up and running. Staff feels that a condition of this nature will
ensure that the current fifty (50) on-street parking spaces that would be lost in the
reconstruction of the street will be mitigated for and available to the general public as has
always been the case.
In evaluating the energy consumption related to snowmelting South Aspen Street, the
City's global warming expert, Dan Richardson, has recommended that the Applicant be
required to design the Lodge at Aspen Mountain so that it uses 30% less energy than the
average energy use of comparable type properties in Aspen. The methodology is put forth
in Section 14 of the proposed ordinance that will set the base and provide for audit of
such a goal. Dan Richardson worked with Staff to create the energy conservation
conditions of the ordinance and finds them acceptable and outstanding for a project of
- 16-
this nature, likely the highest level of conservation effort III design and operation
proposed in the city.
Reolacement of Lm 1 A:
As was discussed in the conceptual review of the application, the Applicant has proposed
to fund a new lift to replace Lift lA. Specifically, the new lift would be a high speed
double chair that would serve the west side of Aspen Mountain. The Applicant has
proposed to pay $4,000,000 towards the replacement of the ski lift that would open more
of the western portion of Aspen Mountain up to easily accessible skiing. The application
proposes that the new lift would be replaced and up and running prior to the issuance of
certificate of occupancy being issued on the lodge. Staff has reinforced this timing by
providing a condition of approval in the proposed ordinance that would require the lift be
operational prior to the issuance of a certificate of occupancy on any part of the lodge.
Community Benefits:
The application argues that the proposal provides numerous community benefits.
Specifically, the Applicant suggests that project would provide a significant number of
new lodge rooms at the base of Aspen Mountain, a place where lodging is supposed to be
located in a ski resort to provide easy access for guests to the ski mountain and the
downtown core. Additionally, the application highlights the improvements to South
Aspen Street as a community benefit and suggests that they will make it safer for all of
the property owners and skiers that use South Aspen Street on a regular basis. Parking is a
substandard situation on South Aspen Street, with ill-defined spaces-some parallel, some
head-in and some morphing between the two types depending on road conditions, in
addition to the steepness of the street that cause safety problems in the winter. The street
is currently not pedestrian friendly, lacking sidewalks and the confusion of parking.
Finally, the application suggests that the new lift will be a community benefit that will
open up the west side of Aspen Mountain and enhance the skiing experience as was
previously discussed above. The additional 22% more employees housed with 77% of the
units being located within the City of Aspen should also be seen as moving the city closer
to its goals and as benefits of the project. Finally, the infrastructure improvements, both
with the ski area lift and the sidewalk, snowmelt, public landscaping and the
enhancements to anchor this area as part of the Dean Street walk way, will all serve to
create a sense of place in this part of Aspen. Staff finds that all of these items mentioned
above are benefits.
Timeshare:
Sale of multiple interests in the 21 fractional units is proposed and each purchaser of a
fractional interest in the timeshare lodge will own an undivided 1/8th interest in a specific
unit, which will result in 168 timeshare owners, or estates (21 units x 8 estates/unit=168
estates). None of the rooms are proposed to have lock-off capability. The proposed use
plan will guarantee each timeshare estate owner use of a unit for a maximum of four
weeks a year ~ two weeks in the winter and two weeks in the summer, with winter being
defined as November I - April 30 and summer being May I to October 31. The
maximum number of days a unit can be reserved per season by owners is 112 days and, as
each season contains approximately 182 days, a minimum of 70 days in each season will
- 17-
remain and will constitute the float time. The float time will be made available to the
public for nightly rental and to the owners, subject to certain limitations, such as the
owners needing to reserve a unit at least 30 days in advance, only being able to reserve in
increments up to 7 days, and for no more than 30 consecutive calendar days. These
limitations on owners should permit a reasonable amount of available time for the public
to use the units.
A full complement of amenities will be contained within the facility, including an outdoor
pool, spa and fitness center, a business center, ski concierge area, a logo shop, children's
recreation area, and a bar and restaurant. The spa, restaurant, and bar will also be
available to the public. In addition, the lodge will contain a fully staffed, on-site front
desk to provide guest registration and reservation services for the lodge's hotel guests and
the fractional owners, guests, and will include late check in and other off hour owner and
guest needs. Staff has reviewed the timeshare management plan against the review
criteria for timeshare and finds that it complies with all of applicable requirements (see
Exhibit B for full staff findings).
Technical Considerations:
The Development Review Committee (DRC) has reviewed the proposal and provided
comments, which Staff has included as conditions of approval as deemed appropriate.
Some of the specific requirements are discussed in this paragraph. In reviewing the
proposal, the Community Development Engineer has recommended some mitigation
techniques be provided to enhance slope stability above the proposed development since
there would be a significant excavation needed to construct the project.
Specifically, the Community Development Engineer has recommended that the Applicant
be required to install several inclinometers above the development on Aspen Mountain
and provide bimonthly data to the City for one seasonal cycle to identify whether there is
any historic rate of slope movement. If slope movement is identified, the construction
techniques to be used in constructing the project must be designed in a manner that does
not increase the historic slope movement during and after construction. These specific
design techniques have been included in the conditions of approval in the proposed
ordinance.
The Construction Management Plan (CMP) takes major steps to arneliorate the impacts
of construction on neighbors, traffic, and environmental impacts. Exhibit D is a summary
of the key provisions of the CMP. As of this writing, City Staff (Construction
Management Officer and Com Dev Engineer) are reviewing the CMP so that a fuller
analysis may be provided to the City Council at the time of 2nd reading.
STAFF RECOMMENDATION:
Staff believes that this project would provide important lodging at the base of Aspen
Mountain in a location where lodging should be located in our resort community-close to
the mountain, near the retaillrestaurant and entertainment core, near transit and within a
cluster of lodging/timeshare and condominium development. Staff also feels that the
lodging proposal would provide significantly more community benefit than the residential
-18-
townhome project that has vested rights on the subject property. The project would help
replenish part of the lodging bed base that was lost of the past decade in addition to
providing for a new high speed ski lift in place of the existing Lift 1A.
Staff finds that the project represents an exemplary project primarily for its energy
conservation plan, its attainment of over the required employee housing mitigation, its
CMP, and its compatibility with the character of the uses in the area.
The Applicant has also made a considerable plan changes to address the City Council's
concerns that were expressed at the conceptual review of the project related to giving the
project more interaction with the adjacent South Aspen Street by bring a significant
portion of the building east to relate better with the street. In total, Staff believes that the
application satisfies the applicable review standards and recommends that the City
Council approve the attached ordinance.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION: (All motions are made in the affirmative)
"1 move to approve Ordinance No.5, Series of 2007, second reading, "The Lodge at
Aspen Mountain" Final PUD and associated land use actions."
ATTACHMENTS:
Exhibit A: Review Criteria and Staff Findings
Exhibit B: Application (provided @ I" reading)
Exhibit C: Street Infrastructure/ParkinglLandscaping Plan (provided @ 2nd reading)
Exhibit D: Construction Management Plan Summary (provided @ 2nd reading)
Exhibit E: Exceptional Project Review Criteria Fact Sheet (provided @ 2nd reading)
Exhibit F: P&Z Minutes (provided @ 2nd reading)
Exhibit G: Letter from public
Exhibit H: Project Revisions Packet
Exhibit I: Construction Management Plan
Exhibit J: Growth Management Summary
- 19-
ORDINANCE NO.5
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL
FOR A MUL TI- YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE
THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND
CONDOMINIUMIZA TION FOR "THE LODGE AT ASPEN MOUNTAIN"
DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION
AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES
AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcellD:
2735-131-23-001 (Mine Dump Apartments)
2735-131-13-001 (Parcel with the Single-Family Residence)
WHEREAS, the Community Development Department received an application
from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates,
requesting approval of the Lodge at Aspen Mountain Final Planned Unit Development,
Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040
Greenline Review, and Condominiurnization to construct a lodge containing eighty (80)
hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units,
thirteen (13) on-site affordable housing units, and accessory facilities; and,
WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshare
approval pursuant to City Council Resolution 69, Series of 2005 on November 28, 2005;
and,
WHEREAS, the parcels subject to the application consist of a total of 104,518
square feet; and,
WHEREAS, the Community Development Department solicited and received
referral comments from the Aspen Consolidated Sanitation District, City Engineering,
Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water
Departments as a result of the Development Review Committee meeting; and,
WHEREAS, the City of Aspen I Pitkin County Housing Board forwarded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the project at their meeting held
on November 15, 2006; and,
WHEREAS, during duly noticed public hearings that were opened on December
5, 2006,and continued to January 16 and then to February 6, 2007, the Planning and
Zoning Commission recommended that City Council approve Resolution No. 03, Series
of 2007, by a five to zero (5-0) vote, recommending that City Council approve with
conditions, the Lodge at Aspen Mountain Final PUD, Final Timeshare, Subdivision,
The Lodge Al Aspen Mouniain, 2nd Reading
Condominiumization, and Multi-Year & Affordable Housing Outside the City Limits
Growth Management Reviews, and approved the remaining Growth Management
Reviews, Conditional Use, and 8040 Greenline, in order to allow the construction of a
lodge consisting of eighty (80) lodge rooms, twenty-one (21) timeshare lodge rooms, four
(4) free-market residential units, and thirteen (13) on-site affordable housing units; and,
WHEREAS, The Council finds that the applicable development review standards
are met by the proposal, provided that the conditions established herein are complied
with.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
The City Council hereby approves The Lodge at Aspen Mountain Final Plarmed Unit
Development, Final Timeshare, Subdivision, Growth Management Review for
Affordable Housing Outside the City Limits, Growth Management Review for Multi-
Year Allotments, and Condominiumization to construct a lodge containing eight (80)
hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units,
thirteen (13) on-site affordable housing units, and accessory facilities, including 257
parking spaces, with the conditions contained herein.
Section 1: Subdivision Plat, PUD Plans and Al!reements
The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a Final PUD Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days of the final approval and shall include the following:
a. A final subdivision plat meeting the requirements of the City Engineer and
showing easements, encroachment agreements, and licenses with the
reception numbers for physical improvements and location of utility
pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A final grading and drainage plan.
e. A final utility and public infrastructure plan, including as-builts of South
Aspen Street.
Section 2: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final recorded City Council Ordinance and P&Z Resolution.
The Lodge Al Aspen Mouniain, 2nd Reading 2
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. Evidence that a tree removal permit has been attained pursuant to the
requirements of the City Parks Department (and Section 12, below). The
tree removal permit shall be accompanied by a detailed landscape plan
indicating which trees are to be removed and new plantings proposed on the
site.
e. A drainage plan including an erosion control plan and snow storage runoff
plan prepared by a Colorado licensed Civil Engineer which maintains
sediment and debris on site during and after construction. If a ground
recharge system is required a soil percolation report will be required to
correctly size the facility. A 5-year storm frequency should be used in
designing any drainage improvements.
f. A final construction management plan pursuant to the requirements
described in Section 4 of this ordinance.
g. An excavation/stabilization plan prepared by a licensed Engineer.
Section 3: Dimensional Requirements
The following table outlines the approved dimensions of this PUD:
Dimensional Requirement Proposed Development
Minimum Lot Size 39,249 Sq. Ft. represents the
smallest of the two existing
parcels
Minimum Lot Areal Dwelling Multi-Family- I bedroom per
1,000 square feet oflot area.
Lodge- No Requirement
Front Yard Setback Parcel 1- 2.8 to 10.8'
Parcel 2- 5.9 to 58.9'
Side Yard Setback Parcel 1- East Side Yard-7.4 to
31.2'
West Side Yard- 106.2'
Parcel 2- North Side Yard- 0'
South Side Yard- 8 to 33'
Rear Yard Setback Parcell-13.6t037.2'
Parcel 2- 1.6 to 48.2'
Allowable Building Height 55' maximum, in accordance with
the Height Plan of the recorded
The Lodge At Aspen Mountain, 2nd Reading 3
Required en S ace
Allowable FAR
Off-Street Parkin
PUD Plans
14% (14,058 s uare feet)
1.87:1 (174,975 s uare feet)
257 Parkin S aces
Section 4: Construction Mana2ement Plan
The Lodge At Aspen Mountain Construction Management Plan (CMP), dated February
6, 2007, and prepared by Swinerton Builders shall be included as part of this approval
and shall be implemented by the applicants and carried out throughout the project. The
CMP shall be reviewed by the City's Construction Management Officer and the
Community Development Engineer for completeness and applicability and found to be
acceptable to attain the City's construction management goals. At a minimum, the CMP
shall include the following:
. the requirements of the Construction Management Plan handout of the City of Aspen
Building Department,
. a construction parking plan,
. a construction staging and phasing plan,
. a construction worker transportation plan,
. a fugitive dust control plan found acceptable by the Engineering Department that
includes watering of disturbed areas, including haul routes where necessary,
perimeter silt fencing, as needed, and cleaning of adjacent right of ways,
. a plan for accepting major construction related deliveries with estimated delivery
schedule, including the designation of haul routes, and
. an agreement with the City to participate with other neighboring developments under
construction in order to limit the compounded impacts of construction. This
agreement shall be prepared by the developer and accepted by the Community
Development Director.
As part of the CMP, the developer shall agree to require all dump trucks hauling to and
from the site to cover their loads and meet the emission requirements of the Colorado
Smoking Vehicle Law. Any regulations regarding construction management that may be
adopted by the City of Aspen prior to application for a building permit for this project
shall be applicable.
A temporary encroachment license is required for use of the City right of way for
construction purposes. The Applicant shall not be allowed to close South Aspen Street
during construction except for reconstruction of the street. Street closure of South Aspen
Street concurrent with significant public events like World Cup shall be avoided to the
greatest extent possible.
The Applicant shall provide phone contact information of the on-site project management
to neighboring properties (Lift One Condominiums, the Timber Ridge Condominiums,
the Shadow Mountain Condominiums, and the South Point Condominiums) and post
such information on a sign at the construction site in full public view so that concerns
about the development may be made directly to the construction management personnel.
The Lodge At Aspen Mountain, 2nd Reading 4
Section 5: Pre Construction Meetin2
The Applicant shall conduct a pre-construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting shall
include at a minimum the general contractor, the architect of the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, City Construction Management Officer, and the Community Development
Department's case planner.
Section 6: Fire Access and Miti2ation
The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to
allow for the passage of fire trucks beneath it. The Applicant shall install a fire sprinkler
system and alarm system within the entire building structure as required by the Fire
Marshall. The water service line shall be sized appropriately to accommodate the
required fire sprinkler system. The Applicant's design team shall meet with the Fire
Marshall to formulate a plan for fighting fires in the below grade parking garage
structures prior to building permit submittal.
Section 7: Water & Electric Department Requirements
The Applicant shall comply with the City of Aspen Electric Department Standards and
Water System Standards, with Title 25, and with the 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. The Applicant shall also enter into a water service
agreement with the City and complete a common service line agreement for the
residential units. Each residential unit shall have an individual water meter.
Section 8: Storm Water/Draina2e Plan
The Applicant shall submit a Storm Water Drainage Plan pnor to Building Permit
submittal, that meets with the approval of the City Engineer.
Section 9: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No "clear water" connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be
installed in each of the parking garages. The driveway entrance drains shall drain to
drywells and elevator shaft drains shall drain through an oil and sand separator. One tap
to the main sanitary line is allowed for each of the buildings within the development. No
soil nails shall be allowed in the public right of way above ACSD main sewer lines. The
Applicants shall enter into a shared service line agreement with ACSD. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation
District.
Section 10: Soil Stabilization
The Applicant shall install inclinometers and conduct bi-monthly monitoring for a minimum
of one seasonal cycle before the issuance of a building permit. The number and location of
the inclinometers shall be reviewed and approved by the City Engineer prior to installation.
The Lodge At Aspen Mountain, 2nd Reading 5
If any slope movement is identified by the bi-monthly monitoring, the project will not be
allowed to exacerbate the historic rate of slope movement during or after construction. If
the historic rate of movement is exacerbated during the construction process, the City will
stop work on the project and require the Applicant to make such improvements that are
necessary to reduce the slope movement back to historic rates. If the inclinometers
determine that there is a historic rate of slope movement, the design shall exhibit a global
stability meeting the AASHTO requirements, which implies a minimum factor of safety of
1.5.
In preparing soil stability reports for the property, a soil bearing grid with no more than 100
feet between test locations shall be used under the building's footprint. In areas outside of
the building's footprint, test locations shall not 500 feet apart. The depth of soil borings
must exceed the elevation of the lowest footer by twenty (20) feet.
Section 11: Reconstruction of South Aspen Street
The Applicant shall reconstruct and snowmelt South Aspen Street south of Durant Avenue
per the plans included in the final PUD application. The Applicant shall form an
improvements district to fund the reconstruction of the road. In the case that the Lift One
Lodge (proposed on the east side of S. Aspen Street) is approved for construction, the
improvements district will include the owners of the Lift One Lodge and the owners of the
Lodge at Aspen Mountain. If the Lift One Lodge is not approved, the improvement district
shall only include the owners of the Lodge at Aspen Mountain. The energy to use the
snowmelt system in South Aspen Street and the maintenance of the snowmelt system are the
responsibility of the Applicant. The Applicant shall develop a road maintenance altemative
to be reviewed and approved by the Fire Marshall and Streets Department Superintendent in
the instance that the snowmelt system were to break during the winter. The reconstruction
of South Aspen Street shall be completed prior to the issuance of a certificate of occupancy
on the lodge.
Section 12: Landscapin2
The proposed landscaping in the public right of way shall meet the Parks Department
standards for location, spacing, species, planting specifications, irrigation and other
applicable standards. Sidewalks shall be designed and built in a manner that reduces the
impact to existing trees and roots systems. All sidewalks located within the drip line of
trees to be saved shall be built on grade in a manner that allows for the sub-grade prep
and sidewalk to float over the roots preventing any excavation into the soil. All work in
these protection zones is to be accomplished without machines, but by handwork only.
An approved tree permit will be required before any demolition or significant property
changes take place. The tree permit must be approved prior to submission of the building
permit. Mitigation for tree removals will be paid cash in lieu or on site. The applicant
shall consult with the Deputy Director of the Parks Department in order to discuss how
tree mitigation will be handled and coordinated with Lift One, if necessary.
The Lodge At Aspen Mountain, 2nd Reading 6
Section 13: Replacement of Lift lA
The Applicant has represented that they will provide $4 million dollars towards the
replacement of Lift I A with a new lift. Such representation is hereby incorporated into this
approval as a condition. The new lift shall be operational prior to the issuance of a certificate
of occupancy on the Lodge At Aspen Mountain.
Section 14: Ener2V Conservation
The Lodge at Aspen Mountain has made representations committing to the following
energy goals. Such goals are hereby included as conditions of approval.
To use thirty percent less energy than the average measured energy use of comparable
type properties in the area for the base data (See note A).
a) To "true up," on an annual basis (sun setting in 20 years), the actual energy
consumption of the property, and purchase local renewable energy or carbon
offsets as necessary to cover any shortfall (See note B). LAM proposes a
cap on the shortfall penalty, to be negotiated.
b) If actual energy use in any given year is less than the target, a credit would
accrue to the project, which could be used for sale or trade for other
projects, or carried forward for credit in future years.
c) To offset 100% of C02e emissions from any and all snowmelt installed in
public right of way directly associated to The Lodge. (See note B)
. Note A: All measurements to be combined electric and natural gas consumption,
including snowmelt, pools, spas, and garages. For the purpose of identifying
offsets, energy use shall be converted to pounds of C02e using City of Aspen
conversion factors.
. Note B: Purchase of offsets to be accomplished thru a variety of means, in order
of preference:
Energy or carbon-saving project(s), equal in C02e reductions to the excess
C02e emissions from The Lodge (and verified by CORE), directly funded and
managed by LAM or its agents,
Purchase of local energy or carbon offsets through a local market (CORE or
others, approved by the City of Aspen and verified by CORE, as available),
or, ifthe first two options are not possible with City of Aspen approval,
Purchase of energy or carbon offsets through a public market, with minimum
criteria for the quality, additionality, and durability of offsets.
Section 15: Off-Street Parkin2
The Applicant shall construct a total of 257 parking spaces within the two (2) underground
garages. 118 of the parking spaces are required parking (with 13 spaces designated for the
affordable housing units) and 139 of the parking spaces may be leased or sold to off-site
The Lodge At Aspen Mountain, 2nd Reading 7
tenants. The 50 on-street parking spaces that will be lost in the reconstruction of South
Aspen Street are to be replaced as public parking in a parking garage to be constructed by
the proposed Lift One Lodge owners if their project is approved and built. In the event that
the proposed Lift One Lodge is not approved and built (or is completed later than the Lodge
at Aspen), 50 of the 139 excess parking spaces to be built in the Lodge at Aspen shall be
available for public parking to replace the 50 on-street parking spaces until such time as the
Lift One Lodge's parking garage has obtained a Certificate of Occupancy.
Section 16: EmpIovee HouSin2 Miti2ation
The Applicant shall provide thirteen (13) Category 2 affordable housing units on the site.
These units shall be comprised often (10) studios, two I-bedroom units, and one 2-bedroom
unit to satisfy the Resident Multi-Family Replacement Program requirements for the
demolition of the Mine Dump Apartments and shall provide housing credit for 18.25 full-
time employee equivalents (FTEs). In total, the proposed development would require 94.5
FTEs of affordable housing mitigation. The 76.25 FTEs that are not mitigated on-site may
be mitigated off-site with up to forty (40) percent of these 76.25 FTEs being allowed to be
mitigated outside of the City limits but within the Urban Growth Boundary. The Applicant
shall have constructed, deed-restricted, and received certificates of occupancy on all of the
off-site units being used to satisfy the affordable housing requirements prior to the issuance
of a certificate of occupancy on the lodge. The existing Mine Dumps unit tenants at the time
of the demolition will be provided a right of first refusal for the rental of the new affordable
housing units.
The on-site affordable housing units shall be in compliance with APCHA's Employee
Housing Guidelines. The Applicant shall record a deed restriction on each of the
affordable housing units at the time of recordation of the condominium plat and prior to
the issuance of a Certificate of Occupancy for the building, classifying the units as
Category 2 units. Included in the governing documents shall be language reflecting the
potential for the units to become ownership units. If the Applicant chooses to deed
restrict the affordable housing units as rental units, the Applicant shall convey ai/I 0 of
one percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority
prior to the issuance of a certificate of occupancy on any portion of the building.
In the event the affordable housing units are not rented in compliance with the rental
requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing
Authority has the right to place tenants in the affordable housing units. The units may be
deed-restricted as rental units, but the units shall become ownership units at such time as
the owners would request a change to "for-sale" units or at such time as the AspenlPitkin
County Housing Authority deems the units to be out of compliance with the rental
occupancy requirements in the Affordable Housing Guidelines for a period of more than
year.
The Lodge At Aspen Mountain, 2nd Reading 8
Section 17: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using
the fee schedule in place at the time of building permit issuance.
Section 18: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 19: Impact Fees
All impact fees in effect at the time of building permit shall be applicable and be paid
prior to the issuance of a building permit.
Section 20: Exterior Li2htin2
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior
lighting plan as part of the building permit submittal.
Section 21: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 22:
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 development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
Section 23:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
The Lodge At Aspen Mountain, 2nd Reading 9
Section 24:
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
Section 25:
A public hearing on the ordinance shall be held on the 12th day of March, 2007, 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 26th day of February, 2007.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved on this _ day of _,2007.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
The Lodge At Aspen Mountain, 2nd Reading 10
EXHIBIT A
STAFF FINDINGS: PUD
A development application for PUD shall comply with the following standards and
requirements (staff findings follow each requirement):
A. General requirements.
I. The proposed development shall be consistent with the Aspen Area Community
Plan.
STAFF FINDING: DOES IT COMPLY? YES
The future land use map in the AACP shows all of Parcell (the area north of Juan St.) and the
majority of Parcel 2 (south of Juan St.) as "Lodging". The northern most part of Parcel 2 is
shown as "Residential" on the map; however, this portion was rezoned by from R-15 to L/TR in
2003 as part of the South Aspen St. project approval. Therefore, the lodge proposal is clearly in
compliance with the direction of the AACP.
The project is also generally consistent with the applicable policies and goals of the AACP,
such as providing "a compact, mixed use development that enable travel by foot, bicycle, and
public transportation for all types of trips", the provision of on and off-site affordable housing
within the city limits and within the UGB, enhancement of pedestrian corridors, and the
promotion of eclectic design styles within the city in order to maintain and enhance the
character of the community. The AACP also promotes economic sustainability, the
enhancement of "wealth generating capacity", and stemming the loss of the area's bed base by
redeveloping Aspen's ski base area. In addition, the Action Plan of the AACP speaks directly to
the importance of increasing density through infill in Aspen's original town-site, especially for
affordable housin ,in order to rotect 0 en s ace surroundin the communit .
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES.
The existing character of the surrounding area is a mix of 1950' s era ski lodges, the preserved,
original ski chairlift and ski club building, a modern, second-homeowner oriented
condominium, a small affordable housing development, one older single-family home, several
larger and newer single-family homes, and three 1970's era condominium structures housing a
mix of locals and second homeowners. The subject site contains an eighteen unit apartment
complex that is geared towards local residents, a parking lot, open space and one single-family
home. While there has been some recent new development in the vicinity, the area largely
represents the Aspen of another era of twenty, thirty and even fifty years ago.
In terms of land uses, the proposed lodge conforms well to the character of the surrounding
development. The lodge proposes short term accommodations located towards the ski mountain
side, adjacent to the two lodges across South Aspen Street, and residential-in-character,
fractional units oriented on the lower end of the site adjacent to the residential condominiums
and sin pie familv residences.
- 20-
Staff finds that the revised development plan is generally consistent with the character of the
existing land uses in terms of bulk, mass, and height. Given the relatively large size of the
proposed structure, there will no doubt be a change to the immediate neighborhood, as most of
the existing structures are smaller in size and height comparisons. Most of the surrounding
structures are smaller, however, because they are situated on much smaller lots. The Lodge site
is over 104,000 sq. ft., while the Lift One and Timber Ridge Condominiums sit on
approximately 28,000 and 14,000 sq. ft. lots, respectively.
Although the proposed lodge is large, it essentially consists of two smaller buildings connected
by a bridge, but physically separated by a street. When considering the proposed lodge in
comparison to the other condominium projects to the north, the footprint for the portion of the
structure on Parcel I is not greatly out of character with these structures (the difference in size
between the two is more in terms of height). Furthermore, if you consider the "surrounding
area" to also be the larger base area of the ski mountain in general, the project is generally
consistent in mass, scale, and height with the St. Regis Hotel, the Grand Hyatt, the Residences
at Little Nell that is under construction, and the Little Nell Hotel.
3. The proposed development shan not adversely affect the future development of
the surrounding area.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that this development will not adversely affect the future development of the area
and will actually enhance the opportunities for redevelopment by dramatically improving the
appearance and vitality of this area of town.
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
development plan review.
STAFF FINDING: I DOES IT COMPLY? I YES
The majority of the development, including the residential component is to be derived from
using reconstruction credits from the existing Mine Dump apartments that are to be demolished.
Additionally, there is no annual cap on the number of lodge units that can be built. The
Applicant has requested multi-year allotments for the commercial square footage that is
proposed. If all of the requested growth management actions are approved, this criterion would
be met.
B. Establishment of Dimensional Requirements:
The PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shan be used as a guide in determining the appropriate dimensions for the
PUD. The proposed dimensional requirements are listed below:
Dimensional Requirements Comparison
(Units measured in feet or square feet)
- 21 -
Minimum Lot Size
Minimum Lot Areal
Dwelling
Front Yard Setback
Side Yard Setback
Rear Yard Setback
Allowable Building
Hei t
Required Open Space
Allowable FAR
Off-Street Parking
39,249 Sq. Ft. *
represents the
smallest of the two
existing parcels
Multi-Family- I
bedroom per 1,000
square feet of lot area.
Lodge- No
Requirement
Parcel 1- 2.8 to 10.8'
Parcel 2- 5.9 to 58.9'
Parcel 1- East Side
Yard-7.4 to 31.2'
West Side Yard-
106.2'
Parcel 2- North Side
Yard- 0'
South Side Yard- 8 to
33'
Parcel 1- 13.6 to
37.2'
Parcel 2- 1.6 to 48.2'
55'
14% (14,058 square
feet)
1.87: 1 (174,975
s uare feet)
257 Parking Spaces
,AppJ'j)ve(j
~~lt~eptual
Plait
39,249 Sq. Ft. *
represents the
smallest of the
two existing
arcels
Multi-Family- I
bedroom per
1,000 square
feet oflot area.
Lodge- No
Re uirement
*Parcell- 4'4"
Parcel 2- 8'
*Parcel 1- East
Side Yard- 8'
West Side Yard-
115.5'
Parcel 2- North
Side Yard- 5' 2"
South Side
Yard- 5'4"
*Parcell-3 '6"
Parcel 2- 2'4"
47' as measured
by City Code
14% (14,058
s uare feet)
1.87:1 (175,000
square feet)
231 Parking
Spaces
6,000 Sq. Ft.
Multi-Family- I
bedroom per 1,000
square feet of lot
area.
Lodge- No
Re uirement
10 Feet
5 Feet
10 Feet
28 Feet
25% (24,555 square
feet)
1:1 (93,815 square
feet)
118 Parking Spaces
I. 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 or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
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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: I DOES IT COMPLY? I YES
Generally, Staff finds that the proposed dimensional standards are appropriate for the site for
the above characteristics, as follows:
a.) See discussion from 1.A. above; b.) Assuming precautions recommended by the soils and
structural engineers and the city engineer are adhered to, there will be no natural or man-made
hazards (final details related to this will be determined with the final PUD); c.) Most of the
proposed building pad has already been impacted by existing buildings or parking lots, so Staff
does not find that there will be any additional significant impacts to existing natural
characteristics; d.) Any development on this property would likely increase the above impacts;
however, Staff is comfortable that all of these impacts can be adequately mitigated. Noise is
regulated by city ordinance; traffic may increase, however, most visitors will likely arrive to
town by airplane and be brought to the lodge by shuttle where the convenient location will
allow walking to downtown and to the ski area; if guests do drive, all parking is internal to the
site and underground; regarding impacts to historical resources, the Skiers Chalet across the
street is listed as an historic property - Staff believes that the chances for the preservation of the
Chalet will be enhanced by the development of additional lodging in the vicinity because the
presence of the new lodge will likely create better visibility for the Skiers Chalet's lodge rooms
and possibly, result in spill-over business.
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: I DOES IT COMPLY? I YES.
Staff does believe that the scale and massing of the proposed lodge is generally consistent with
that of the other larger hotels (St. Regis, Grand Hyatt, Little Nell) that are located on the south
side of Durant Avenue. Staff finds this criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed
development including any non-residential land uses.
b) The varying time periods 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.
I STAFF FINDING:
I DOES IT COMPLY?
I YES
- 23-
Staff finds the proposed parking amount to be adequate to serve the needs of the development.
The proposal satisfies the underlying zone district's parking requirements and actually provides
139 additional parking spaces that are to be for sell or lease to help alleviate some of the
parking problems in the immediate vicinity. Given the proximity of the site to the commercial
core, the ski area and transit connections and considering that the majority of guests of facilities
such as this arrive without a car, Staff believes that the parking will be more than sufficient to
meet the demand.
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: DOES IT COMPLY? YES
Adequate public facilities either already exist or will be upgraded at the owner's sole expense in
order to meet the expected demand. While South Aspen Street is a steeply pitched street with
potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there
will be adequate access to serve this project and for fire protection if South Aspen Street is
reconstructed and snowmelted. To enhance fire protection, the structure will contain a
complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the
A licant for South As en Street is enacted, no densit reductions are necessa .
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 of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, 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.
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 natural features of the site.
I STAFF FINDING:
I DOES IT COMPLY?
I YES
- 24-
Staff believes the site is suitable for development. However, Staff does have concerns about the
stability of the hillside above the proposed project related to the significant excavation that
would have to occur to accommodate the development. Staff has required significant soil
stability mitigation measures that include a hillside movement monitoring system. Staff
believes that the proposal satisfies this criterion with the conditions of approval that are
proposed in the attached ordinance.
6. The maximum allowable density within a PUD may be increased ifthere exists
a significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development 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 (AACP) 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: I DOES IT COMPLY? I YES
While the Applicant does propose an increase in the allowable floor area, no increase in the
amount of densitv is proposed.
C. 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 unique, provide
visual interest or a specific reference to the past, or contribute to the identity of the
town are preserved or enhanced in an appropriate manner.
STAFF FINDING: DOES IT COMPLY? YES
There are no unique natural or man-made features on the site. The site is located at the base of
Shadow Mountain, but is not proposing to impact it in any significant way. There are also
unique old ski lodge buildings across the street that are within the sphere of influence of this
project; however, Staff feels that the redevelopment of the subject site with hotel rooms,
restaurants, bars, and the upgrading of the ski lift and ski base facilities will be an enhancement
to the overall nei hborhood, includin to the business of the existin lod es.
- 25-
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
STAFF FINDING: DOES IT COMPLY? YES
To the extent possible, the two structures connected by the bridge have been clustered on the
site. Given the large size of the overall project, though, Staff feels that the separation provided
by the Juan Street right-of-way in breaking up the mass into two distinct structures is more
beneficial than clustering the entire mass on one site. If the entire proposed mass were to be
clustered on one site, the resulting height and bulk, while creating additional open space, would
further si ificantl im act vistas.
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: I DOES IT COMPLY? I YES.
The structures are primarily oriented towards South Aspen Street, the main street in the vicinity,
by focusing the main entrance of the hotel towards this street. The building is very urban in
character with its orientation close to the sidewalk and the street providing a nice edge to and
engagement of the street. The Applicant has also included several courtyards in the design to
help blend the private and public realms to create a better pedestrian relationship between the
building and South Aspen Street that was portrayed with the design that was approved at the
conceotual PUD review.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
STAFF FINDING: DOES IT COMPLY? YES
The structure on Parcel I will be accessible by fire truck to almost all of the four sides via city
streets or alleys, while the remainder of the structure on Parcel 2 will have fire truck access on
three sides with fire department connections located on all exteriors. All structures will be fire
sprinkled for further safety. Service vehicles will access the structure from loading dock off of
Juan Street, so that the do not have to ne otiate the stee er art of South As en Street.
5. Adequate pedestrian and handicapped access is provided.
STAFF FINDING: I DOES IT COMPLY? T YES
According to the application, the project will comply with all applicable regulatory
requirements related to handicap access. Adequate pedestrian access is being provided with the
addition of detached sidewalks along all streets that the property fronts. This should greatly
increase the safety of pedestrians in the area who currentlv walk in the street.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
- 26-
STAFF FINDING: I DOES IT COMPLY? I YES
According to a letter submitted by the Applicant's engineer, site drainage will be handled by
directing drainage into an extension of the existing storm drain facilities located in Durant
Avenue. One extension will run on the west side of South Aspen St. to catch drainage from the
eastern portion of the site, while the other will come up Garmisch St. to Dean Avenue to pick
up drainage from the western portion of the site. Such improvements to drainage should be a
vast improvement over the existing conditions. A more detailed drainage plan will be submitted
and reviewed with the building permit application. A condition of approval has been included
that requires that there not be an increase in off-site drainage as a result of the proposed
development.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
STAFF FINDING: I DOES IT COMPLY? T YES
The space between the two structures is taken up with a city street, so it is not a good location
for any uses related to the lodge. However, the design does incorporate an outdoor dining/apres
ski terrace on the west side of the building closest to the base of the ski area to take maximum
advantage of views and solar access.
D. 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:
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
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.
3. The proposed method of protecling existing vegetation and other landscape
features is appropriate.
STAFF FINDING: DOES IT COMPLY? YES
According to the landscape plan, the proposed lodge will be extensively landscaped with
vegetation appropriate to the climate and several key trees identified by the City Parks
Department will be preserved. Outside of these significant trees, Staff does not believe that
there are an existin uni ue man-made or natural features on-site worth reservin .
E. 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
- 27-
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
an architectural character plan, which adequately depicts the character of the proposed
development. The proposed architecture of the development shall:
I. 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.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of non-
or less-intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff finds that the proposed architectural character will be an enhancement to the visual
character of the neighborhood by dramatically updating the design quality and is an appropriate
style given the climate and the resort nature of the community. The design clearly represents
the lodge use. Furthermore, Staff believes that the proposed development has been altered
significantly in the conceptual PUD review process to better mitigate the overall scale of the
development.
According to the Applicant, they will use the Ground Source Heat Pump technology to naturally
heat and cool the lodge. Snow fences will be added to roof areas over pedestrian and
landscaped areas to protect them from snow and ice fall. Snow storage areas will be shown on
the final PUD plan.
F. Lighting.
The purpose of this standard 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:
1. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. Lighting of site features, structures, and
access ways is proposed in an appropriate manner.
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 lighting to call inordinate
attention to the property is prohibited for residential development.
- 28-
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant states that all lighting will be in compliance with the adopted lighting standards
and designed to minimize adverse impacts on neighboring properties and public streets.
Additionally, lighting will not illuminate the structure, only areas of pedestrian and vehicular
access. Staff has included a condition of approval requiring that the Applicant submit a lighting
plan at the time of final PUD submittal.
G. 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:
I. 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.
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.
3. There is proposed an adequate assurance through a 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.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an 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:
I. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by
the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
STAFF FINDING: DOES IT COMPLY? YES
According to the preliminary engineering report supplied by the project engineer, public
infrastructure exists in the area and with improvements made to the infrastructure by the
A licant, ade uate facilities will be available to accommodate the develo ment.
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1. Access and Circulation.
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 gates. The proposed
access and circulation of the development shall meet the following criteria:
I. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian way,
or other area dedicated to public or private use.
STAFF FINDING: I DOES IT COMPLY? I YES
Both structures and all of the units and associated uses have access from entry drives off of a
nublic street.
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: . DOES IT COMPLY? YES
The Applicant had a transportation study completed for this application. The study indicates
that the area's streets and intersections are currently operating below capacity and will continue
to do so even after the lodge has been built and is open for business. All parking will be below
the buildings and there will be two separate vehicular entryways to help lessen any possibility
of vehicles backed-up into the city street. Nonetheless, the Applicant has proposed to
reconstruct and snowmelt South Aspen Street on the south side of Durant Avenue to make it
safer for the increase traffic volumes that would result from the ro osed lod e.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public trail
easements and are proposed for appropriate improvements and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and transportation
are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
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STAFF FINDING: DOES IT COMPLY? YES
There are no historic trails through the subject property which would require dedication or
improvement and the AACP does not recommend any additional trails on the property. The
development does not contain any private streets, so no easements are necessary for public
access. No securit ates, ard osts are ro osed.
J. Phasing of Develooment Plan. (Note: this criteria does not apply to Conceptual PUD
applications) The purpose of this 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 shall comply with the following:
I. All phases, including the initial phase, shall be designed to function as a complete
development and shall 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-in-lieu, 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.
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EXHIBIT A
STAFF FINDINGS: TIMESHARE LODGE DEVELOPMENT
An applicant for timeshare lodge development shall demonstrate compliance with each of
the following standards, as applicable to the proposed development. These standards are in
addition to those standards applicable to the review of the PUD and Subdivision
applications.
A. Fiscal Impact Analvsis and Mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the
proposed conversion will not have a negative tax consequence for the City. In order
to demonstrate the tax consequences of the proposed conversion, the applicant shall
prepare a detailed fiscal impact study as part of the final PUD application. The fiscal
impact study shall contain at least the following comparisons between the existing
lodge operation and the proposed timeshare lodge development:
I. A summary of the sales taxes paid to the City for rental of lodge rooms during the
prior five years of its operation. If the lodge has stopped renting rooms prior to
the time of submission of the application, then the summary shall reflect the final
five years the lodge was in operation. The summary of past taxes paid shall be
compared to a projection of the sales taxes the proposed timeshare lodge
development will pay to the City over the first five years of its operation. As part
of this projection, the applicant shall specify the number of nights the applicant
anticipates each timeshare lodge unit will be available for daily rental to visitors
(that is, the annual number of nights when the unit will not be occupied by the
owner or the owner's guests), the expected visitor occupancy rate for these units,
the expected average daily cost to rent the unit, and the resulting amount of sales
tax that will be paid to the City.
STAFF FINDING: I DOES IT COMPLY? I NOT ApPLICABLE
The proposal does not include any conversion of an existing lodge into a timeshare lodge
development.
2. An estimation of the real estate transfer taxes that would be paid to the City if the
existing lodge were to be sold. If an actual sale of the property has occurred within
the last 12 months, then the real estate taxes paid for that sale shall be used. This
estimation shall be compared to a projection of the real estate transfer taxes the
proposed timeshare lodge development will pay to the City over the first five years
of its operation. This projection shall include a statement of the expected sales
prices for the timeshare estates, and the applicable tax rate that will be applied to
each sale.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The proposal does not include any conversion of an existing lodge into a timeshare lodge
development.
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3. A summary of the City-portion of the property taxes paid for the lodge for the
prior five years of its operation, and a projection of the property taxes the
proposed timeshare lodge development will pay to the City over the first five
years of its operation. This projection shall include a statement of the expected
value that will be assigned to the property by the Tax Assessor, and the applicable
tax rate.
The fiscal impact study may also contain such other information that the applicant
believes is relevant to understanding the tax consequences of the proposed
development. For example, the applicant may provide information demonstrating
there will be "secondary", or "indirect" tax benefits to the City from the
occupancy of the timeshare units, in terms of increased retail sales and other
economic activity in the community as compared to the existing lodge
development. The applicant shall be expected to prove definitively why the
timeshare units would cause such economic advantages that would not be
achieved by a traditional lodge development. Any such additional information
provided shall compare the taxes paid during the prior five years of the lodge's
operation to the first five years of the proposed timeshare lodge's operation.
If the fiscal impact study demonstrates there will be an annual tax loss to the City
from the conversion of an existing lodge to a timeshare lodge, then the applicant
shall be required to propose a mitigation program that resolves the problem, to the
satisfaction of the Aspen City Council. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The proposal does not include any conversion of an existing lodge into a timeshare lodge
development.
B. Upgrading of Existing Proiects. Any existing project that is proposed to be converted to
a timeshare lodge development shall be physically upgraded and modemized. The
extent of the upgrading that is to be accomplished shall be determined as part of the
PUD review, considering the condition of the existing facilities, with the intent being to
make the development compatible in character with surrounding properties and to
extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted fire, health, and building codes.
STAFF FINDING: I DOES IT COMPLY? T NOT APPLICABLE
The Applicant is proposing an entirely new project - not a conversion of an existing project to a
timeshare lodge development. The new development shall be required to meet the City's
adopted fire, health, and buildinQ codes.
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2. No sale of any interest in a timeshare lodge development shall be closed until a
certificate of occupancy has been issued for the upgrading.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
The Applicant is proposing an entirely new project - not a conversion of an existing project to a
timeshare lodge development.
C. Preservation of Existing Lodging Inventorv. An express purpose of these regulations is
to preserve and enhance Aspen's existing lodging inventory. Therefore, any proposal to
convert an existing lodge or other property that provides short term accommodations to
a timeshare lodge should, at a minimum, replace the existing number of units on the
property in the planned timeshare lodge. If the applicant is unable to replace the
existing number of units, then the timeshare lodge development shall replace the
existing number of bedrooms on the property, or the applicant shall demonstrate how
the proposal complies with the purposes of these regulations, even though the planned
timeshare lodge will not replace either the existing number of units or bedrooms.
STAFF FINDING: I DOES IT COMPLY? I NOT ApPLICABLE
The Applicant is proposing an entirely new project - not a conversion of an existing project to a
timeshare lodge development. The project does, however, propose to add additional beds and
rooms which will add to the Citv's lodging stock.
D. Affordable Housing Requirements.
I. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the
City's housing designee for lodge uses. The affordable housing requirement shall be
calculated based on the maximum number of proposed lock out rooms in the
development, and shall also take into account any retail, restaurant, conference, or
other functions proposed in the lodge.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed to exceed the employee housing mitigation requirements through a
mix of on-site, off-site housing in the City limits, and off-site housing within the UGB. If the
method of miti ation is acce ted b Cit Council, this criterion is met.
2. The conversion of any multi-family dwelling unit that meets the definition of
residential multi-family housing to timesharing shall comply with the provisions of
Chapter 26.530, Resident Multi-Family Replacement Program, even when there is
no demolition of the existing multi-family dwelling unit.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant commits to complying with the requirements of Section 26.530. Staff finds that
the Applicant's proposed method of satisfying the Resident Multi-family Replacement Program
is in compliance with the code requirements.
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E. Parking Requirements.
I. The parking requirement for timeshare lodge development shall be calculated by
applying the parking standard for the underlying zone district for lodge uses. The
parking requirement shall be calculated based on the maximum number of proposed
lock out rooms in the development.
2. The timeshare lodge development shall also provide an appropriate level of guest
transportation services, such as vans or other shuttle vehicles, to offer an a1temative
to having owners and guests using their own vehicles in Aspen.
3. The owner of a timeshare estate shall be prohibited from storing a vehicle in a
parking space on-site when the owner is not using that estate.
STAFF FINDING: I DOES IT COMPLY? I YES
The PUD Agreement and the timeshare instruments will prohibit the owners from storing
vehicles on site when not in-residence. The PUD Agreement will also require the service of a
shuttle for the benefit of guests and owners.
F. Appropriateness of Marketing and Sales Practices. The marketing and sale of timeshare
estates shall be govemed by the real estate laws set forth in Title 12, Article 61, C.R.S.,
as may be amended from time to time. The applicant and licensed marketing entity
shall present to the City a plan for marketing the timeshare development.
I. The following marketing and sales practices for a timeshare development shall not
be permitted:
a. The solicitation of prospective purchasers of timeshare units on any street,
mall, or other public property or facility; and
b. Any unethical sales and marketing practices which would tend to mislead
potential purchasers.
2. Giving of gifts to encourage potential purchasers to attend a sales presentation or to
visit a timeshare development is permitted, provided the gift reflects the local Aspen
economy. For example, gifts for travel to or accommodations in Aspen, restaurants
in Aspen, and local attractions (ski passes, concert tickets, rafting trips, etc.) are
permitted. Gifts that have no relationship to the local Aspen economy are not
permitted. The following gifts are also not permitted:
a. Any gift for which an accurate description is not given;
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b. Any gift package for which notice is not given to the prospective purchaser that
the purchaser will be required to attend a sales presentation as a condition of
receiving the gifts; and
c. Any gift package for which the printed announcement of the requirement to
attend a sales presentation is in smaller type face than the information on the gift
being offered.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant has represented that they will incorporate all of the above requirements into the
Pun aPTeement and the timeshare instruments
G. Adeuuacv of Maintenance and Management Plan. The applicant shall provide
documentation and guarantees that the timeshare lodge development will be
appropriately managed and maintained in an manner that will be both stable and
continuous. This shall include an identification of when and how maintenance will be
provided, and shall also address the following requirements:
I. A fair procedure shall be established for the estate owners to review and approve
any fee increases which may be made throughout the life of the timeshare
development, to provide assurance and protection to timeshare owners that
management/assessment fees will be applied and used appropriately.
2. The applicant shall also demonstrate that there will be a reserve fund to ensure that
the proposed timeshare development will be properly maintained throughout its
lifetime.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant states in the application that the above requirements (I and 2) will be
incorporated in the Pun Agreement timeshare instruments to be submitted with the Final Pun
annlication.
H. Compliance with State Statutes. The applicant shall demonstrate that the proposed
timeshare lodge development will comply with all applicable requirements of Title 12,
Article 61, C.R.S.; Title 38, Article 33, C.R.S.; and Title 38, Article 33.3, C.R.S.;
including the requirements conceming the five (5) day period for rescission of a sales
contract, and the procedures for holding deposits or down payments in escrow.
STAFF FINDING: T DOES IT COMPLY? I YES
The Applicant states in the application that the above statutory requirements will be
incorporated in the Pun Agreement timeshare instruments to be submitted with the Final Pun
aoolication.
1. Aoproval Bv Condominium Owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred (100) percent of the
owners of the condominium units have approved the timeshare development, including
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any improvements to the common elements that the. applicant may propose, that all
mortgagees of the condominium have approved the proposed timeshare development,
and that all condominium units in the timeshare development will be included in the
same sales and marketing program.
STAFF FINDING: I DOES IT COMPLY? I NOT APPLICABLE
This review standard does not apply to the proposed lodge, as the conversion of existing
condominiums to timeshare develooment is not orooosed.
J. Prohibited Practices and Uses. Without in any way limiting any requirement contained
in this Chapter, it is unlawful for any person to knowingly engage in any of the
following practices:
1. The creation, operation or sale of a right -to-use interest or any other timeshare
concept which is not specifically allowed and approved pursuant to the requirements
of this section. Right-to-use timeshare concepts (e.g. lease-holds and vacation
clubs) are considered inappropriate in Aspen and are not permitted.
2. Misrepresentation of the facts contained in any application for timeshare approval,
timeshare development instruments, or disclosure statement.
3. Failure to comply with any representations contained in any application for
timesharing or misrepresenting the substance of any such application to another who
may be a prospective purchaser of a timeshare interest.
4. Manage, operate, use, offer for sale or sell a timeshare estate or interest therein in
violation of any requirement of this Chapter or any approval granted pursuant
hereto, or cause or aid and abet another to violate any requirement of this Chapter,
or an approval granted pursuantto this Chapter.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant commits to not engaging in any marketing practices which are prohibited above,
or by local or State regulations.
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Exhibit "A"
Staff Findings: Subdivision
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
I. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs res onse to PUD Review Standard A I .
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
STAFF FINDING: DOES IT COMPLY? YES.
Please see Staff s res onse to PUD review standard A( 1).
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that this development will not adversely affect the future development of the area
and will actually enhance the opportunities for redevelopment by dramatically improving the
appearance and vitality of this area of town.
4. The proposed subdivision shall be III compliance with all applicable
requirements of this Title.
STAFF FINDING: DOES IT COMPLY? YES
Staff believes that the proposed development is in conformance with all of the provisions of the
land use code if the dimensional requirements are approved through the PUD and the proposed
method of miti atin for affordable housin is acce ted b Cit Council.
B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
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STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes the site is suitable for development. However, Staff does have concerns about the
stability of the hillside above the proposed project related to the significant excavation that
would have to occur to accommodate the development. Staff has required significant soil
stability mitigation measures that include a hillside movement monitoring system. Staff
believes that the proposal satisfies this criterion with the conditions of approval that are
proposed in the attached ordinance. There is also not a need for premature extension of
utilities.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided
for the proposed subdivision. These standards may be varied by special review
(See, Chapter 26.430) if the following conditions have been met:
I. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring development areas,
and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
rovement standards.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.530, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed to meet the Resident Multi-family Replacement Program
requirements for the demolition of the Mine Dump Apartments by provrding 13 units of
affordable housing on the site that is comprised of 50 percent of the units, bedrooms, and square
footage that is in the multi-family complex to tom down. Additionally, the Applicant has
requested the necessary growth management allotments to construct the proposed development.
If the method of miti ation is acce ted by Cit Council, this criterion will be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
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STAFF FINDING: DOES IT COMPLY? YES
The Applicant shall be required to pay the applicable school land dedication fee for the
residential units within the development. Staff has included a condition of approval that
re uires the school land dedication fees be aid rior to buildin errnit issuance.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to
Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned
Affordable Housing Planned Unit Development (AH-PUD) without first obtaining
growth management approvals if the newly created parcel(s) is required to obtain
such growth management approvals prior to development through a legal
instrument acceptable to the City Attorney. (Ord. No. 44-2001, S 2)
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has requested the necessary growth management approvals to construct the
proposed development. If these growth management requests are approved then the subdivision
can be a roved b Cit Council.
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Exhibit "A"
Staff Findings: GM Review -Conversion of Residential Reconstruction
Credits to Lodging Units
Section 26.470.040(C)(4) of the City Land Use Code provides that development
applications for reconstruction credits must comply with the following standards and
requirements.
a) Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030.D, Annual Development Allotments.
STAFF FINDING: T DOES IT COMPLY? I YES
The residential units within the development are to be constructed from reconstruction credits
gained from the demolition of the Mine Dump Apartments. Some of the lodge rooms are also
proposed to be developed from reconstruction credits. The development rights for the lodge
units not to be constructed from reconstruction credits shall be obtained pursuant to the
requirements of Land Use Code Section 26.470.040(C)(2). There is no cap on lodge allotments
that can be given in anyone year. The commercial allotment being requested requires a multi-
year allotment. The Applicant's compliance with the multi-year allotment standards are
addressed elsewhere in the Staff memorandum. If City Council grants the multi-year
allotments, this criterion is met.
b) The proposed development is consistent with the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs res onse to PUD review standard A(l).
c) Residential dwelling unit construction credits shall be converted to lodge units at a
rate of three (3) lodge units per each one residential unit;
STAFF FINDING: 1 DOES IT COMPLY? I YES
The Applicant is requesting reconstruction credits for fifteen (15) of the residential units to be
demolished in the Mine Dump Apartments. The fifteen (15) residential units translate into
forty-five (45) lodge units when using the ratio of three (3) lodge units per one residential unit
bein" demolished.
d) Development shall comply with Section 26.470.070, Reconstruction Limitations.
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STAFF FINDING: I DOES IT COMPLY? I YES
The proposal satisfies the requirements of Section 26.470.070, Reconstruction Limitations, if
the building permit for the lodge is submitted within one year of demolition of the units. The
replacement units are proposed on the same parcel and on non-contiguous parcels within the
same PUD as is permitted by Land Use Code Section 26.470.070. Staff finds this criterion to
be met.
e) Sixty (60) percent of the employees generated by the lodge units, according Section
26.470.050.A. Employee Generation Rates, are mitigated through the provision of
affordable housing or cash-in-lieu thereof. If the project qualifies as an Incentive
Lodge project, pursuant to Section 26.470.040.C.3, then .thirty (30) percent of the
employees generated by the lodge units shall be mitigated. Affordable housing shall
be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be
restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority
Guidelines, as amended. An applicant may choose to provide mitigation units at a
lower Category designation.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant has proposed to mitigate for 60% of the employees generated by lodge rooms
that are to be derived from reconstruction credits. Please see the mitigation section of the staff
memo for an explanation on the employee housing mitigation breakdown. Staff finds this
criterion to be met.
f) The proposed development is compatible with the character of the existing land uses
in the surrounding area and the purpose ofthe underlying zone district.
STAFF FINDING: DOES IT COMPLY? YES.
Please see Staffs res onse to PUD review standard A(1).
g) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvements proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
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STAFF FINDING: DOES IT COMPLY? YES
Adequate public facilities either already exist or will be upgraded at the owner's sole expense in
order to meet the expected demand. While South Aspen Street is a steeply pitched street with
potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there
will be adequate access to serve this project and for fire protection if South Aspen Street is
reconstructed and snowmelted. To enhance fire protection, the structure will contain a
complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the
A licant for South As en Street is enacted, no densit reductions are necessa .
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Exhibit "A"
Staff Findings: GM Review - ExpansionlNew Commercial, Lodge, or Mixed Use
Development.
The expansIOn of an extstmg commercial, lodge, or mixed-use building or the
development of a new commercial, lodge, or mixed-use building shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on
the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
STAFF FINDING: I DOES IT COMPLY? I YES
The residential units within the development are to be constructed from reconstruction credits
gained from the demolition of the Mine Dump Apartments. Some of the lodge rooms are also
proposed to be developed from reconstruction credits. The development rights for the lodge
units not to be constructed from reconstruction credits shall be obtained pursuant to the
requirements of Land Use Code Section 26.470.040(C)(2). There is no cap on lodge allotments
that can be given in anyone year. The commercial allotment being requested requires a multi-
year allotment. The Applicant's compliance with the multi-year allotment standards are
addressed elsewhere in the Staff memorandum. If City Council grants the multi-year
allotments, this criterion is met.
b) The proposed development is consistent with the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs res onse to PUD review standard A(l .
c) Sixty (60) percent of the employees generated by the additional commercial/lodge
development, according Section 26.470.050.A, Employee Generation Rates, are
mitigated through the provision of affordable housing or cash-in-lieu thereof.
Affordable housing shall be approved pursuant to Section 26.470.040.C.7,
Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen
Pitkin County Housing Authority Guidelines, as amended. An applicant may choose
to provide mitigation units at a lower Category designation. Mitigation for Free-
Market residential units within a mixed-use project shall be pursuant to Section
26.470.040.C.6 - Free-Market Residential Units within a Mixed-Use Project.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant has proposed to mitigate for 60% of the employees generated by the lodge rooms
and the commercial space that is proposed. Please see the mitigation section of the staff memo
for an explanation on the employee housing mitigation breakdown. Staff finds this criterion to
be met.
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d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
STAFF FINDING: DOES IT COMPLY? YES
Adequate public facilities either already exist or will be upgraded at the owner's sole expense in
order to meet the expected demand. While South Aspen Street is a steeply pitched street with
potential wintertime dangers, the City Engineer and the Fire Marshall are confident that there
will be adequate access to serve this project and for fire protection if South Aspen Street is
reconstructed and snowmelted. To enhance fire protection, the structure will contain a
complete fire sprinkler system. Staff believes that if the snowmelt plan is proposed by the
A licant for South As en Street is enacted, no densit reductions are necessa .
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Exhibit "A"
Staff Findings: GM Review - Affordable Housing.
The development of affordable housing deed restricted in accordance with the
Aspen/Pitkin County Housing Authority Guidelines shaH be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030.C, Development Ceiling Levels.
STAFF FINDING: T DOES IT COMPLY? I YES
There is not an annual cap on the number of allotments available for affordable housing units.
Additionally, the number of affordable housing units in the community after the construction of
the affordable housing associated with this development will not come close to exceeding the
overall ceiling for affordable housing units set forth in the growth management section of the
land use code.
b) The proposed development is consistent with the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staff's res onse to PUD review standard AI.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors.
STAFF FINDING: I DOES IT COMPLY? I YES
There is not an annual cap on the number of allotments available for affordable housing units.
Additionally, the number of affordable housing units in the community after the construction of
the affordable housing associated with this development will not come close to exceeding the
overall ceiling for affordable housing units set forth in the growth management section of the
land use code.
d) Affordable Housing required for mitigation purposes shaH be in the form of actual
newly built units or buy-down units. Each unit provided shaH be designed such that
the finished floor level of fifty (50) percent or more of the unit's net livable square
footage is at or above Natural or Finished Grade, whichever is higher. Off-site units
shall be provided within the City of Aspen city limits. Units outside the city limits
may be accepted as mitigation by the City Council, pursuant to 26.470.040.D.2.
Provision of affordable housing through a cash-in-lieu payment shaH be at the
discretion of the Planning and Zoning Commission upon a recommendation from
- 46-
the Aspen/Pitkin County Housing Authority. Required affordable housing may be
provided through a mix of these methods.
STAFF FINDING: I DOES IT COMPLY? I YES
As is described in the mitigation section of the staff memorandum, the Applicant is proposing to
provide the thirteen (13) affordable housing units on the site to satisfy the multi-family
replacement program requirements for demolishing the Mine Dump Apartments. Additionally,
the Applicant has proposed to mitigate for the remainder of the mitigation requirements by
constructing 32 units within the City limits on the Smuggler Racquet Club parcel and nine (9)
units at the AABC. During the conceptual PUD review, City Council placed a condition
requiring that 60% of the required mitigation be provided within the City limits and 40% be
allowed to be provided outside the City limits, but within the Urban Growth Boundary. The
Housing Board has recommended that the P&Z and City Coucil accept the mitigation plan that
is proposed. Staff believes that the proposed mitigation plan is consistent with the condition of
approval that was requested by City Council at conceptual review and in compliance with this
criterion.
e) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the AspenlPitkin County
Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County
Housing Authority or the City of Aspen to own the unit and rent it to qualified
renters as defined in the Affordable Housing Guidelines established by the
Aspen/Pitkin County Housing Authority, as amended. The Aspen/Pitkin County
Housing Authority, or its Board of Directors, at its sole discretion, may authorize
affordable housing units owned and associated with a lodging or commercial
operation to be rental units if a legal instrument, in a form acceptable to the City
Attorney, ensures permanent affordability of the units. Units owned by the
Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County, or other
similar governmental or quasi-municipal agency shall not be subject to this
mandatory "for-sale" provision.
STAFF FINDING: I DOES IT COMPLY? I YES
The Applicant has proposed to convey an undivided 1/IOm of one percent ownership interest in
the thirteen (13) affordable housing units that are to be built on the site to the Housing
Authority. This method of ensuring that the deed restrictions are enforceable has been accepted
by the City on many occasions and the City Attorney believes that it is an appropriate practice.
Staff finds this criterion to be met.
- 47-
Exhibit "A"
Staff Findings: GM Review - AH Outside City Limits
The provtslon of affordable housing, as required by Chapter 26.470, Growth
Management, with units to be located outside the City of Aspen boundary, upon a
recommendation from the Planning and Zoning Commission, shall be approved,
approved with conditions, or denied by the City Council based on the following criteria:
a) The proposal promotes the Goals and Objectives of the Aspen Area Community
Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs res onse to PUD review standard A(l .
b) The off-site housing is within the Aspen Urban Growth Boundary.
STAFF FINDING: I DOES IT COMPLY? I YES
The affordable housing units that are proposed outside of the City limits are proposed to be
located at the AABC, which is located within the Urban Growth Boundary. Staff finds this
criterion to be met.
c) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels,
and lifestyles (e.g., singles, seniors and families). A recommendation from the
AspenlPitkin County Housing Authority shall be considered for this standard.
STAFF FINDING: I DOES IT COMPLY? l YES
The Housing Board has reviewed the proposed development and has indicated that the thirteen
(13) affordable housing units that are proposed for the site meet the Housing Guideline
requirements. Additionally, the Housing Board felt that the overall mitigation concept,
including the proposed units on the Smuggler Racquet Club property and the AABC property is
acceptable. Staff finds this criterion to be met.
d) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has applied for the necessary approvals to construct the proposed affordable
housing on the Smuggler Racquet Club property and is currently in the City's review process.
Pitkin County has already granted approval for the units to be constructed at the AABC. Staff
finds this criterion to be met if the Applicant receives approval of the Smuggler Racquet Club
a lication rior to Cit Council review of the lod e a lication.
- 48-
Note: City Council may accept any percentage of a project's total affordable
housing mitigation to be provided through units outside the city's jurisdictional
limits, including all or none.
- 49-
Exhibit "A"
Staff Findings: GM Review - Exceptional Project or Multi-Year Development
Allotment.
The City' Council, upon a recommendation from the Planning and Zoning Commission,
shall approve, approve with conditions, or deny an exceptional project or a multi-year
development allotment request based on the following criteria:
a) The proposed multi-year or exceptional development is considered "exceptional"
considering the following criteria: (Note - A project need not meet all of the
following criteria, only enough to be sufficiently considered "exceptional.")
I. The proposed project advances the visions, goals or specific action items of
the Aspen Area Community Plan.
STAFF FINDING: DOES IT COMPLY? YES
Please see Staffs res onse to PUD review standard A(1 ).
2. The proposal exceeds the minimum affordable housing required for a
standard project.
STAFF FINDING: I DOES IT COMPLY? T YES
The proposed affordable housing in total exceeds the required mitigation as was described in
the mitigation section of the staff memorandum.
3. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
STAFF FINDING: I DOES IT COMPLY? I YES
The project is not proposed on any properties that are designated to the Aspen Inventory of
Historicallv Designated Sites and Structures.
4. The proposal furthers affordable housing goals by providing units
established as priority through the current Guidelines of the Aspen/Pitkin
County Housing Authority, and provides a desirable mix of affordable unit
types, economic levels, and lifestyles (e.g. singles, seniors, families, etc.). A
recommendation from the Aspen/Pitkin County Housing Authority shall be
considered for this standard.
- 50-
STAFF FINDING: I DOES IT COMPLY? I YES
The Housing Board has reviewed the proposed development and has indicated that the thirteen
(13) affordable housing units that are proposed for the site meet the Housing Guideline
requirements. Additionally, the Housing Board felt that the overall mitigation concept,
including the proposed units on the Smuggler Racquet Club property and the AABC property is
acceptable. Staff finds this criterion to be met.
5. The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
I DOES IT COMPLY? I YES, IF GSHP WERE USED ON THE STREET
AS WELL AS THE LODGE.
The Applicant is proposing to use GSHP technology to heat and cool the lodge. The energy to
be saved by heating and cooling the lodge through GSHP technology is proposed to offset the
energy that will be needed to snowmelt the road using traditional boiler technology. The City's
Environmental Health Department would like the Applicant to use GSHP technology to also
snowmelt the street.
STAFF FINDING:
6. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
STAFF FINDING: DOES IT COMPLY? NOT ENOUGH INFORMATION.
The Applicant did not address this criterion in the application, and thus Staff does not have
enou h information to evaluate the a lication's com liance with this standard.
7. The proposal rnaxlmtzes potential public transit usage and minimizes
reliance on the automobile.
STAFF FINDING: DOES IT COMPLY? YES.
The proposed location of the lodge is in close proximity to the Commercial Core and the base of
As en Mountain. Additionall ,the A licant has ro osed a shuttle for ests.
8. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
- 51 -
STAFF FINDING: DOES IT COMPLY? YES.
The Applicant has proposed to use GSHP technology to heat and cool the lodge structure in
order offset the energy requirements for using traditional boilers to operate the snowmelt that is
being proposed in South Aspen Street. The Building Department and Dan Richardson of the
City's Environmental Health Department requested that the Applicant offset all of the C02
emissions from the snowmelt in the construction and design of the lodge's mechanical systems.
Additionally, Dan Richardson suggested that the Applicant design the lodge to exceed the 2006
International Energy Code requirements by 50%. Staff feels that if met, the above
re uirements will ensure that this ro' ect is of exce tional environmental ualit .
9. The proposal promotes sustainability of the local economy.
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff feels that the project does promote a sustainable local economy adding lodges rooms to
the City's inventory that had been decreasing over the last decade. Additionally, this proposal
refurbishes the area around the west side of the base of Aspen Mountain and functionally
expands the ski able terrain, which willlikelv attract more visitors.
10. The proposal represents a desirable site plan and an architectural design
solution.
STAFF FINDING: DOES IT COMPLY? YES.
Staff does believe that the proposal provides for a desirable site plan and architectural design.
The scale and massing of the proposed building has been reduced throughout and the Applicant
has inte ated the buildin into S. As en Street's streetsca e.
II. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
- 52-
STAFF FINDING: I DOES IT COMPLY? I YES.
The existing character of the surrounding area is a mix of 1950's era ski lodges, the preserved,
original ski chairlift and ski club building, a modern, second-homeowner oriented
condominium, a small affordable housing development, one older single-family home, several
larger and newer single-family homes, and three 1970's era condominium structures housing a
mix of locals and second homeowners. The subject site contains an eighteen unit apartment
complex that is geared towards local residents, a parking lot, open space and one single-family
home. While there has been some recent new development in the vicinity, the area largely
represents the Aspen of another era oftwenty, thirty and even fifty years ago.
In terms of land uses, the proposed lodge conforms well to the character of the surrounding
development. The lodge proposes short term accommodations located towards the ski mountain
side, adjacent to the two lodges across South Aspen Street, and residential-in-character,
fractional units oriented on the lower end of the site adjacent to the residential condominiums
and single family residences.
Staff finds that the revised development plan is generally consistent with the character of the
existing land uses in terms of bulk, mass, and height. Given the relatively large size of the
proposed structure, there will no doubt be a change to the immediate neighborhood, as most of
the existing structures are smaller in size and height comparisons. Most of the surrounding
structures are smaller, however, because they are situated on much smaller lots. The Lodge site
is over 104,000 sq. ft., while the Lift One and Timber Ridge Condominiums sit on
approximately 28,000 and 14,000 sq. ft. lots, respectively.
Although the proposed lodge is large, it essentially consists of two smaller buildings connected
by a bridge, but physically separated by a street. When considering the proposed lodge in
comparison to the other condominium projects to the north, the footprint for the portion of the
structure on Parcell is not greatly out of character with these structures (the difference in size
between the two is more in terms of height). Furthermore, if you consider the "surrounding
area" to also be the larger base area of the ski mountain in general, the project is generally
consistent in mass, scale, and height with the St. Regis Hotel, the Grand Hyatt, the Residences
at Little Nell that is under construction, and the Little Nell Hotel.
12. The project complies with all other provisions of the Land Use Code and has
obtained all necessary approvals from the Historic Preservation Commission,
the Planning and Zoning Commission, and the City Council, as applicable.
STAFF FINDING: I DOES IT COMPLY? I YES.
If City Council approves the dimensional requirements being proposed in the PUD and accepts
the proposed mitigation plan, the development is compliant with the provisions of the land use
code and will have obtained all necessary actions from the Planning and Zoning Commission
and Citv Council.
-53-
Exhibit "A"
Staff Findings: Replacement of
Demolished Units through MF Replacement Program
The replacement of demolished multi-family residential units shall be exempt from the
provisions of this Growth Management Section if the requirements of the Multi-Family
Housing Replacement Program are met. (See Chapter 26.530 - Multi-Family Housing
Replacement Program.) Replacement units shall not be deducted from the respective
Annual Development Allotments or Development Ceiling Levels established pursuant to
Section 26.470.030. The development of additional residential units, beyond those
merely being replaced, shall be subject to this Chapter. Also see Reconstruction
Limitations, Section 26.470.070.
STAFF FINDING: DOES IT COMPLY? YES
As was discussed in the staff memorandum, the Applicant has proposed to meet the resident
multi-family replacement program requirements on the site by constructing the thirteen (13)
affordable housing units. The Applicant is not proposing to develop more free market
residential units in the hotel than the are demolishin in the Mine Dum A artments.
- S4-
Exhibit "A"
Staff Findings: Conditional Use for Restaurant and Commercial Parking Facility
When considering a development application for a conditional use, the Planning and
Zoning Commission shall consider whether all of the following standards are met, as
applicable.
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, with the intent of the zone
district in which it is proposed to be located, and complies with all other
applicable requirements of this title; and
STAFF FINDING: DOES IT COMPLY? YES.
Staff does believe that it is appropriate to have a restaurant use an accessory use in a lodge that
is to be located within the lodging zone district. Moreover, there has been a restaurant at the
top of South Aspen Street for quite some time in the Skier's Chalet (recently closed). Staff
feels that allowing for a restaurant to be accessory to the hotel use on the site will enhance the
apres ski options for visitors and locals alike.
In evaluating the request to lease parking spaces to the general public and to neighbors of the
project, Staff feels that the commercial parking use will alleviate some of the on-street parking
pressure in the area that has been building over the years due to the lack of on-site parking that
has been rovided in man of the older condo develo ments in the vicinit .
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding
land uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development; and
STAFF FINDING: DOES IT COMPLY? YES.
Once again, Staff does believe that it is appropriate to have a restaurant use an accessory use in
a lodge that is to be located within the lodging zone district. There has been a restaurant at the
top of South Aspen Street for quite some time in the Skier's Chalet (recently closed). Staff
feels that allowing for a restaurant to be accessory to the hotel use on the site will enhance the
apres ski options for visitors and locals alike and compliment the hotel use.
In evaluating the request to lease parking spaces to the general public and to neighbors of the
project, Staff feels that the commercial parking use will alleviate some of the on-street parking
pressure in the area that has been building over the years due to the lack of on-site parking that
has been rovided in man of the older condo develo ments in the vicinit .
C. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
- 55-
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff feels that the proposed development has plenty of parking, trash, and delivery service to
accommodate the accessory restaurant use without providing a visual or circulation impact.
Additionally, Staff believes that the commercial parking that is proposed within the parking
garage will not be visible or impact the circulation in the immediate area if South Aspen Street
is allowed to be snowmelted.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical
services, drainage systems, and schools; and
STAFF FINDING: I DOES IT COMPLY? I YES.
Staff feels that there are sufficient public facilities to accommodate the proposed restaurant and
commercial parkin\! uses within the lod\!e.
E. The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use; and
STAFF FINDING: I DOES IT COMPLY? I YES.
If City Council accepts the Applicant's proposed employee housing mitigation plan, this
criterion is met.
- 56-
Exhibit "A"
Staff Findings: 8040 Greenline Review
No development shall be permitted at, above, or one hundred fifty (150) feet below the
8040 greenline unless the Planning and Zoning Commission makes a determination that
the proposed development complies with all requirements set forth below.
1. The parcel on which the proposed development is to be located is suitable for
development considering its slope, ground stability characteristics, including mine
subsidence and the possibility of mud flow, rock falls and avalanche dangers. If
the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize
and revegetate the soils, or, where necessary, cause them to be removed from the
site to a location acceptable to the city.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes the site is suitable for development. However, Staff does have concerns about the
stability of the hillside above the proposed project related to the significant excavation that
would have to occur to accommodate the development. Staff has required significant soil
stability mitigation measures that include a hillside movement monitoring system. Staff
believes that the proposal satisfies this criterion with the conditions of approval that are
orooosed in the attached ordinance.
2. The proposed development does not have a significant adverse affect on the
natural watershed, runoff, drainage, soil erosion or have consequent effects oh
water pollution.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff has proposed a condition of approval requiring that a drainage plan be provided as part of
the building permit application that demonstrates that the project will not increase the historic
rate of drainage off the site. .
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
STAFF FINDING: DOES IT COMPLY? YES
Staff has required that the Applicant be required to pay the applicable air quality fee that was
recentl ado ted to ensure miti ation for the increased vehicle tri s enerated b the lod e.
4. The design and location of any proposed development, road, or trail is compatible
with the terrain on the parcel on which the proposed development is to be located.
STAFF FINDING: DOES IT COMPLY? YES
The proposed redevelopment and associated reconstruction of S. Aspen Street respects the
existing topography of the site and does not try to flatten it. Staff feels that the proposal
a ro riatel ste s down the hill with the to 0 ra h .
- 57-
5. Any grading will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural land features.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed extensive landscaping to mitigate for the regrading and loss of
landscaping that will occur on the site. The loss of vegetation will be mitigated by the planting
of street trees and rovidin extensive landsca in throu hout the site.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
STAFF FINDING: DOES IT COMPLY? YES
The Staff feels that the development will be tucked away and will not be significantly visible
from outside of the immediate neighborhood. Additionally, the Applicant's design allows for
views of Shadow Mountain from South Aspen Street at certain vantage points. The proposal
also contains a significant amount of open space between the Juan Street affordable housing
com lex and the ro osed develo ment for a buffer.
7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
STAFF FINDING: I DOES IT COMPLY? I YES
As was discussed in the previous response, Staff feels that the proposed lodge would be tucked
away and not very visible outside of the immediate neighborhood. Significant massing changes
were required during the conceptual review that reduced the lodge's visibility from the public
realm north of Durant Avenue.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
STAFF FINDING: I DOES IT COMPLY? I YES
All necessary utilities can serve the proposed development. The City utility agencies were
consulted and recommended necessary improvements for the lodge to be served with all the
necessarv utilities.
9. Adequate roads are available to serve the proposed development, and said roads
can be properly maintained.
STAFF FINDING: DOES IT COMPLY? YES
The Applicant has proposed to reconstruct and snowmelt South Aspen Street to make it safe to
accommodated the ro osed develo ment.
10. Adequate ingress and egress is available to the proposed development so as to
ensure adequate access for fire protection and snow removal equipment.
-58-
STAFF FINDING: DOES IT COMPLY? YES
The Fire Marshall has reviewed the proposal and indicated that they have adequate ingress and
egress to serve the property. Additionally, the lodge is to contain sprinkler systems meeting the
Fire Marshall's requirements and standpipes. Finally, the Applicant is required to put together
a Ian to be reviewed and a roved b the Fire Marshall for fi htin fires in the arkin ara e.
II. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Trails Plan are implemented in the proposed development, to the
greatest extent practical. (Ord. No. 55-2000, S 7)
STAFF FINDING: DOES IT COMPLY? NOT ApPLICABLE
The ParksIRecreationlTrails Plan in the AACP does not speak to this property. Therefore, this
criterion is not a licable to this a lication.
- 59-
&><h ,'bib G,
Alexander L. Blel
Apartment 21
809 South Aspen Street
Aspen, CO 81611
February 23, 2007
Ms. J. Allgaier, Community Development Dept.
City of Aspen
Aspen, Colorado 81611
cc: Chris Bendan, Director of Planning
Helen Klanderud, Mayor, and Aspen City Council
John Worcester, City Attorney
John Sarpa, Centurian Partners
Dear Ms. Allgaier,
LAM - Slope Stability during Demolition, Excavation and Construction
I am an owner/resident of a home at 809 South Aspen Street, and Vice President of the Shadow Mountain Townhomes
Association (SMTHA).
Our Association has noted with concern the view of the Aspen Community Development Department (See Staff Memo
dated February 26th to the Mayor et al; and draft Resolution, Section 10, pages 5-6) concerning the stability of the
LAM site and the slope directly above it. Our complex is located on that slope, and has been since 1964.
While it seems that the City's proposed resolution protects the City. it does not appear to protect neighbors such as
ourselves from potential damage during the course of LAM's demolition/excavation/construction.
Because of this, our Association asks that LAM agree to post a bond protecting SMT A from possible damage in the
course of demolition/excavation/construction.
We are eager to work with the applicant with regard to resolving this issue.
We share the City's concerns very seriously; because of this, we believe that we should be protected by such a bond as
a condition of the City's final approval of the LAM project.
Yo~
Alexander L. Biel
Vice President
Shadow Mountain Town Homes Association
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Growth Management Quota System - Growth Ceilings
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Free-Market Affordable Commercial
May 2005 thru Feb. 2007 Residential Residential (square feet Lodge
(units) (units) net leasable) (pillows)"
Growth Ceiling 4,906 2,428 1,830,000 11,160
2005 Development 3,774 1,608 1,408,804 8,583
Burlingame Ranch/Bar X
Ranch (pre-GMQS Ordinance
but not previously counted) 12 97 0 0
Obermeyer Place (pre-
GMQS Ordinance but not
previously counted) 22 22 0 0
616 West Main Historic
Landmark change-in-use 1 0 0 0
Hannah Dustin
mixed-use 2 3 2,440 0
Limelite Lodge
Redevelooment 15 0 0 30
Boomerang Lodge
Redevelopment 6 2 0 40
410 South West End 0 3 0 0
306 South Garmisch 0 2 0 0
Lift One Condominiums 0 1 0 0
719 East Hopkins Ave. 0 3 0 0
Jewish Community
Center 0 3 0 0
1001 Ute 2 1 0 0
625 E. Main (Staae 3) 5 5 767 0
201 N. Mill (Jerome
Professional) 6 3 3,305 0
307. S. Spring
(Wienerstube) 6 12 10,528 0
Lodae Asoen Mtn. 0 9 20,088 114
725 E. Durant 0 1 0 0
Smuggler AH 0 32 0 0
Expected Total
Development 65 102 37,128 184
Under Ceiling 1,067 718 384,068 2,393
* - Lodge pillows assumed at 2 pillows per unit
Source: City of Aspen Community Development Department
Timber Ridge Condominium Association
100 East Dean Street, 2F
Aspen, CO 81611
March 20, 2007
Aspen City Council
130 S. Galena St.
Aspen, CO 81611
Re: Lodge at Aspen Mountain
Final Submission Public Hearing
Dear Mayor and Council Members:
This letter is being submitted for the March 26 continued public hearing on the Lodge at
Aspen Mountain to supplement oral comments made at the initial March 12, 2007 public
hearing.
Over the last several years John Sarpa and the Lodge design team have worked with
Timber Ridge to address owners' concerns about views, setbacks, parking and
landscaping. These efforts have resulted in substantial improvements to the project and a
reduction in the impacts.
The Timber Ridge Condominium Association supports the Lodge at Aspen Mountain
Final Submission, as modified, which incorporates the conditions of conceptual approval
adopted by Council. Specific conditions of approval relevant to Timber Ridge include I)
preservation of view planes through the current architectural massing and roof lines, 2) a
site plan that provides for no east-west overlap between the multi-story portion of the
Lodge and the Timber Ridge building and 3) the vacation of the Dean St. right of way.
In conclusion the Timber Ridge Condominium Association urges Council to approve the
Lodge at Aspen Mountain Final Submission as presented in the current ordinance and
incorporate the vacation of the Dean Street right of way.
Yours truly,
);)~RL
David Ellis, President
Timber Ridge Condominium Association
V"e
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
Joyce Allgaier, Deputy Director of Community Development
Chris Bendon, Director QMVV1
RE: 406 E. Hopkins Avenue, Isis Theater- Growth Management Review for
Essential Public Facility and Enlargement of a Historic Landmark.
Ordinance No.6, Series of 2007.
FROM:
THRU:
DATE:
March 26, 2007
SUMMARY: The Isis Theater is being acquired in a private/public partnership between the City
of Aspen, the Isis Property Group, LLC, and Aspen FilmFest. This transaction will allow for the
continuation of the use of the Isis Theatre as a movie theatre; film, performance and public
presentation venue; and for other cultural, educational and entertainment uses. While the
primary use will be as a theatre, some physical changes will be made to the building that will
allow for the conversion of one of the upper floor theaters to become retail space, including
interior tenant finishing, reconfiguration of entry points into the building, and window changes.
(Although there have been discussions related to constructing an addition that would fill in the
courtyard "notch" that currently exists at the southeast corner of the property, that is currently off
the table.)
Staff is requesting a continuation of this public hearing to April 2nd at 4 p.m.
APPLICANT: Isis Property Group, LLC, represented by Haas Land Planning: Klein, Cote, and
Edwards; and Charles Cunniffe Architects.
PARCEL ID: 2737-073-30-006, -011 and -012.
ADDRESS: 406 E. Hopkins Avenue, Lots L, M, and N, Block 87, City and Townsite of Aspen,
Pitkin County, Colorado.
RECOMMENDED MOTION: "I move to continue the public hearing for Ordinance No.6,
Series of2007, to April 2nd at 4 p.m."
\~
A$.~cE6
MEMORANDUM
THRU:
Mayor and Council
Brian Flynn, Open Space and Special Projects Manage~
Stephen Ellsperman, Parks and Open Space Director 1Jl.'t--
TO:
FROM:
DATE OF MEMO: 3/20/07
MEETING DATE: 3/26/07
RE:
Barbee Open Space/Little Cloud Land Exchange Ballot Question
SUMMARY: A long-term goal of the Open Space and Trails Board has been to develop a
recreational trail across Shadow Mountain providing a critical link to many other trail
opportunities along Castle Creek Road to the Highlands Ski Area. Currently, there are two
sections along Shadow Mountain that require a public trail easement. The Little Cloud
Development is one of these privately held areas.
The area known as the Little Cloud Development has been surrounded by controversy. This
BOCC approved development was subject to much public debate due to the extent of
construction and impact on the face of Shadow Mountain. Attempts to stop the development and
purchase the land for open space by the City of Aspen, the Friends of Shadow Mountain, and
Terry Taylor, owner of Lot I, were unsuccessful.
The City of Aspen Open Space and Trails Board and Staff have worked with the Little Cloud
Development on a mutually beneficial land exchange. The land exchange involves swapping
850 square feet of the Barbee Open Space for the acquisition of approximately 87,120 of new
open space and securing critical public trail easements. The proposed land exchange is an
important step in securing public trail alignments across Shadow Mountain. The Open Space
and Trails Board requested and received support of City Council to place the Barbee Open
Space/Little Cloud Land Exchange on the ballot for the May election. (Exhibit A - Map)
The Open Space and Trails Board is requesting City Council's review and approval of the
proposed language for a referendum authorizing the City of Aspen to convey approximately 850
I
Staff believes this will be the only opportunity to secure the trail easement for permanent public
benefit. At the close of the development, the upper portion of the property will be turned over to
a Homeowners' Association comprised of four different lot owners. The immediate concern is
that a new HOA may not be publicly minded and would have the right and perhaps the
opportunity to close any trails across their private land. The current developer and Mr. Taylor
are open to working with the City in order to secure this easement as a public easement in
exchange for a small portion of land needed to provide the neighborhood with avalanche and
rock fall protection.
In order to successfully complete this proposal, the deposition of the open space land requires a
vote of the public supporting the proposed land exchange. The City of Aspen Open Space and
Trails Board, Staff and Terry Taylor, all support this mutually beneficial proposal and are
seeking support from City Council. City Council's support will allow for the land exchange to
be presented on the upcoming May ballot. The benefits to the City and the public are the
acquisition of the trail easement across the Little Cloud development and acquisition of
additional acreage as public open space.
Staff has worked with the City Attorney's office to draft appropriate ballot language and
agreements to protect the City of Aspen's interests on these properties. The City of Aspen Open
Space and Trails Board is presenting the ballot language for review and approval.
FINANCIAL IMPLICATIONS: There are no initial financial implications to approving the
proposed land exchange. Mr. Taylor has offered to pay for the financial costs for securing a
ballot question on the upcoming May election. Staff estimates that if the proposal is successful
and supported by the public, the City's financial obligations will consist of a realignment and
trail improvement as well as the cost of maintaining the new open space acres. These
improvements could be absorbed by the current open space funds.
RECOMMENDATION: Staff and the Open Space and Trails Board recommend that City
Council review and approve the proposed language for a referendum authorizing the City of
Aspen to convey approximately 850 square feet of City of Aspen property in exchange for
approximately 87,120 square feet of property on Shadow Mountain.
ALTERNATIVES: None.
CITY MANAGER COMMENTS:
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RESOLUTION NO. J:k...
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
BALLOT QUESTION AT THE MAY 8, 2007, MUNICIPAL ELECTION.
WHEREAS, Section 13.4 ofthe City of Aspen City Charter requires voter approval
before the City Council may sell, exchange, or dispose of public real property, including real
property acquired for open space purposes; and
WHEREAS, the City Council desires to exchange, or otherwise encumber a City
owned parcel of property, including property acquired for open space purposes; and
WHEREAS, the City Council desires to obtain voter approval for the exchange and
encumbrance of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section I
The following question shall be placed on the ballot at the May 8, 2007, municipal
election:
CITY OF ASPEN - LITTLE CLOUD - BARBEE OPEN SPACE
Shall the City of Aspen be authorized to convey to the Little Cloud Subdivision
HOA a parcel of land of approximately 850 square feet situated in the Barbee
Open Space on Shadow Mountain, in exchange for a parcel of land of
approximately 87,120 square feet situated in the Little Cloud Subdivision on
Shadow Mountain, to be conveyed by the Little Cloud Subdivision HOA to the
City of Aspen, conditioned upon the following:
. The land to be conveyed to the City of Aspen shall be deed
restricted with a conservation easement to the Aspen Valley
Land Trust for open space purposes and shall be used, in
part, for the future construction and extension of pedestrian
trails.
Exhibit B
. The land to be conveyed to the Little Cloud Subdivision
HOA shall be deed restricted so that its use shall be limited
to the construction of a rockfall and avalanche mitigation
fence.
Yes
No
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of ,2007.
Helen Kalin K1anderud, 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- saved: 3/1912007-376-G:~ohn\word\resos\bal1ot07-May-Little Cloud.doc