HomeMy WebLinkAboutagenda.council.regular.20070529
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CITY COUNCIL AGENDA
May 29, 2007
5:00 P.M.
I.Call to Order
II.RolI Call
III.Scheduled Public Appearances
Colorado Association for Recycling Award
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) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI.Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - May 1, 15, 2007
b) Resolution #43,2007 - Contract - Carpet Installation
c) Sunny View Annexation memorandum
Vll.First Reading of Ordinances
a) Ordinance #24, 2007 - Aspen Mountain/Dean Street Vacation
b) Ordinance #25,2007 - Smuggler Affordable Housing.
c) Ordinance #26,2007 - Extension of Historic/Commercial Land Use code
amendments
VlIl.Public Hearings
a) Ordinance #19,200 - 500 W. Francis - Historic Landmark Lot
b) Ordinance #20, 2007 - Extension of Land Use Moratorium
c) Ordinance #22, 2007 - Stormwater Drainage Fee
d) Ordinance #23, 2007 - Construction Management Plan
e) Resolution # 2007- Temporary Use - Boomerang Cabin Relocation - (withdrawn)
IX.Action Items
a) Resolution #44, 2007 - Canary Action Plan
X.lnformation Items
XI.Adjournment
Next Regular Meeting June 11. 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO:
Mayor and Council
FROM:
Bentley Henderson, Assistant City Manager
THRU:
DATE OF MEMO: May 21, 2007
MEETING DATE: May 22, 2007
RE: Contract Approval for New Carpet, Installation, and Moving Services
SUMMARY: Staff seeks Councils' approval on three contracts for the installation of new
carpet: moving services, carpet purchase, and installation.
PREVIOUS COUNCIL ACTION: None
DISCUSSION: The carpet in City Hall in the basement, 15t and 2nd floor was scheduled in the
Asset Management Plan for replacement in 2006/2007. After an unsuccessful competitive bid
process, Staff selected an environmentally friendly modular tile carpet from Interface Flor.
Modular tile carpet is ideal for City Hall due to the ability to replace worn or damaged sections
without replace the entire carpet.
Abbey Carpets will complete the installation over several weekends to minimize the impact on
citizens' interaction with City departments. The front stairs and Information office on the 1 st
floor will be completed June 2nd and 3rd, Sister Cities room will be completed on June 14th, the
2nd floor will be installed on June 16th and 17th. Council Chambers and the remainder of the 1 st
floor will not be scheduled for replacement until improvements have been completed in late
summer or early fall.
The installation requires moving services to remove the contents from the offices on the 2nd floor.
Columbine Moving & Storage was selected after completing the competitive bid process.
FINANCIAL IMPLICATIONS: The total of all three contracts is $84,168.50. The Asset
Management Plan budgeted $90,000 for the project. There may be an opportunity for additional
cost savings for the moving services. Staff anticipates the total project will not exceed the Asset
Management Plan's budget.
RESOLUTION #Lf 3
(Series of2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND INTERFACE FLOR, ABBEY CARPETS, AND
COLUMBINE MOVING & STORAGE SETTING FORTH THE TERMS AND
CONDITIONS REGARDING NEW CARPET, INSTALLATION & MOVING
SERVICES 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 Interface Flor, Abbey Carpets, and
Columbine Moving & Storage, 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 Interface Flor, Abbey Carpets, and
Columbine Moving & Storage regarding new carpet, installation, and moving
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 of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held ***
Kathryn S. Koch, City Clerk
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AGREEMENT FOR PROFESSIONAL SERVICES
(Under $25,000 Total Compensation)
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Abbey Carpets, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional
manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference
incorporated herein.
2. Completion. Professional shall commence work immediately upon receipt
of a written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreement shall be
completed no later than mutually agreed upon. Upon request of the City, Professional shall submit,
for the City's approval, a schedule for the performance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for periods of time
required by the City's project engineer for review and approval of submissions and for approvals of
authorities having jurisdiction over the project. This schedule, when approved by the City, shall not,
except for reasonable cause, be exceeded by the Professional.
3. Pavrnent. 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 $24,995.00 . 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.
4. Non-Assignabilitv. 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.
5. Termination. The Professional or the City may terminate this Agreement,
without specifying the reason therefor, by giving notice, in writing, addressed to the other party,
specifying the effective date of the termination. No fees shall be eamed after the effective date of
the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
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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.
6. Covenant Against Contingent Fees. The Professional warrants that s/he 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.
7. Independent Contractor Status. It is expressly acknowledged and understood
by the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
and demands, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, 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
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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.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at
its own expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such
insurance shall be in addition to any other insurance requirements imposed by this contract or by
law. The Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by
reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND 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 Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) 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.
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(iv)
DOLLARS
aggregate.
Professional Liability insurance with the minimum limits of ONE MILLION
($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
(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 insur-
ance, 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, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(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.
(1) 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 Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the
CIRSA Property/Casualty 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.
'"'@
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11. Completeness of Agreement. It is expressly agreed that this agreement
contains the entire undertaking of the parties relevant to the subject matter thereof and there are no
verbal or written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered 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:
Steve Weller
Abbey Carpets
2408 South Grand Avenue
Glenwood Springs, CO 81601
13. Non-Discrimination. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-
98, pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof
shall not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of this Agreement can be waived except by the written consent of the City,
and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of
any term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement bv City. This agreement shall be binding upon all
parties hereto and their respective heirs, executors, administrators, successors, and assigns.
16.
General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provtston.
(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
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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 PAGE]
PS2-971.doc
Page 6
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
Title:
Date:
WITNESSED BY:
PROFE~ONAL
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By:
Title:
Date: S;/ 'I Ie 7
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Page 7
05/12/2007 02:23
9703840135
ABBEY CARPET/FLOORIN
PAGE 02
"
EXHIBIT "A" to Professional Services Agreement
Scope of Work
Abbey Carpets agrce to install modular tiles and broadloom carpet on the basement, 1 st
and 2nd floors, and stairs of City Hall located at 130 South Galena Street.
The 2nd floor install shall be completed on May 26th and 27th 2007. The City shall
remove furniture, old carpet, and tack strips before 7:00am, May 26[h. Movers will
remove the contents and return the contents on May 28'h,
The front stairs and officc (Information) on the first floor shall be completed on June 2nd
and 3rd.
Installation in the Sister Cities, the smaller conference room in the basement, shall begin
at lO:30am on June 14th and be completed before the ncxt business day. The city shall
be responsible to remove and retum all contents.
The back stairs and 1" floor shall be completed at a future datc that is mutually agreeable
to both parties after some minor remodel is completed. We expect completion to be in
late August or September.
The City shall provide all carpet and glue from Interface necessary for installation.
"
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
Abbey Carpets agrees to the Scope of Work for the sum not to exceed $24,995.00.
This price includes padding for the stairs and metal strips where needed.
Should patching and prep work be required on the underlying floor, Abbey will charge $75.00
per hour plus materials.
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ABBEY CARPET/FLOORIN
PAGE 01
1 L () -"'tJ!17
Certification and Supolemental Conditions to Contract for Service:L:
Conformance with !S8-17.5.101. et seQ.
pUrPose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revi sed Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibit.~ all state agencies and political subdivisions,
including the City of Aspen, from knowingly.employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The new l:iw also
requires that all contracts for services include certain specific language as set forth in the statutes. Thi.s
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Annlicabilitv. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The followi.ng terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entcred into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created III
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is administered by the United States Dcpartment of Homeland Security.
"Contractor" mcans a person having a public contract for services with thc City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurcment of services. It
specifically mcans the contract or agreement referenced below.
"Services" means the furnishing oflabor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a spccific cnd product other than reports that are merely incidental to the
required performancc.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order
to verify that it does not employ illegal aliens.
05/12/2007 00:02
9703840135
ABBEY CARPET/FLOOR IN
PAGE 02
The Public Contract for Services referenced below is hereby amended to include the following
terms and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Serviccs.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that th.e subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attcmpted to vcrify tbrough participation in the Federe,l Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
acceptcd into the Federal Basic Pilot Program prior to entering into the public Contract for S:rvices,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effcctive if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Progranl procedures to undertake pre-employment
screcning of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is cmploying or contracting with an illegal
alien; and
(ii) Ternlinate the subcontract y..ith the subcontractor if witbin threc days of recei.-.ing the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with tbe illegal alien; cxcept that Contractor shall not tenninate tb,~ Public
Contract for Services with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department cf Labor
and Employment made in the course of an investigation that the Colorado Department of L~lbor and
Employment undertakes or is undertaking pursuant to the authority established in SubsectioD 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subscction 8-17.5-102, C.R.S. the City of Aspen may tennillate the Public Contract
for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual
eS/12/2007 00:02
9703840135
ABBEY CARPET/FLOOR IN
PAGE 03
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: &/JdQ/V1/!::f.;-. d~.
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Addendum # I
Abbey Carpet Installation Services
The 2nd floor install shall be completed on June 16th and June 17th instead of over
Memorial Day weekend. Interface Flor could not ship the carpet in time for the
Memorial Day install.
All other installation times remain the same.
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 22nd day of May 2007
between the City of Aspen, Colorado, herein after referred to as the "City" and
Interface Flor hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a modular carpet
tiles and broadloom rolls hereinafter called the UNIT(S) being more fully
described and attached herewith as 'Exhibit A' , 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 Document and more specifically
in Vendor's Bid for the sum of Twenty Seven Thousand Four Hundred
Seventy Six Dollars and Eighty Four Cents($27A76.84).
2. Deliverv. (FOB 130 SOUTH GALENA STREET. 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 Document are hereby made a part of this Agreement as if
fully set out at length herein.
4. Warranties. (per Manufacturer).
5. Successors and Assiqns. 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 right 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.
8. 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.
9. Attorney's Fees. In the event that legal action is necessary to enforce
any of the provisions of this Agreement. the prevailing party shall be
entitled to its costs and reasonable attorney's fees.
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 Reaardina Debarment. Suspension, Ineliaibility, 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 the statement. an explanation was attached to the Bid and
was determined by the City to be satisfactory to the City.
12. 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 of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval,
recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to this Agreement, or
to any solicitation or proposal therefore.
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.
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 subcontractor 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 sole
contemplated by this Agreement may be canceled by the City prior
to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best
interests and convenience.
14. Fund Availability. Financial obligations of the City payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available. If this
Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon
the availability of those funds for payment pursuant to the terms of this
Agreement.
15. Citv Council Approval. If this Agreement requires the City to pay an
amount of money in excess of $25,000.00 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 nondiscrimination 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.
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:
ATIEST:
City Clerk
VENDOR:
By:
Title
City Manager
Interface FLOR-
CO"'URCUl
po
:it. O(q( ('0
month day, yea.r
Rebec(:d Hodgson
City of Aspen
130 South Galena St.
,\spen, CO 81611
D,",iH Rebecca,
HE'! !: E'. is quotE: for your carpoat order:
Entropy cc,lor P.eat Mess #7218 on Glasbac
1)15.60 yards at $16.40 per y~rd $21,57S.84
Entropy color F~at Moss .7218 she~t goods
21~ yards at $16.40 per yard $3,~26.00
Gridset Adhesive 9 each 4 gallon pails @ $75.00 $675.00
Fr~ight for order
$1700.00
Thanr_ you again for the opportunity to '1iork t-l.ith you on this
F>roj~ct .
SiTlc~'rely,
R<:,b Luedke
Int-erfacel?IDR
Addr!!s:5
El
0.
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"'I!""f"';"';_""'_
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN,
Colorado, ("City") and Columbine Moving & Storage, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
I. 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.
2. Completion. Professional shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner. The
parties anticipate that all work pursuant to this agreement shall be completed no later than June 17, 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.
3. Pavrnent. 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 "8" appended hereto. Except as otherwise mutually agreed to by
the parties the payments made to Professional shall not initially exceed $34,697.50. 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.
4. Non-Assignabilitv. 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.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the
effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become
the property of 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.
6. Covenant Against Contingent Fees. The Professional warrants that s/he 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.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or
her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested
only in the results obtained under this contract. The manner and means of conducting the work are under the
sole control of Professional. None of the benefits provided by City to its employees including, but not limited
to, workers' compensation insurance and unemployment insurance, are available from City to the employees,
agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this contract.
Professional shall indemnify City against all liability and loss in connection with, and shall assume full
responsibility for payment of all federal, state and local taxes or contributions imposed or required under
unemployment insurance, social security and income tax law, with respect to Professional and/or
Professional's employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal
injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise
out of or are in any manner connected with this contract, 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.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to
any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of
any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its
failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in suffi-
cient 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) Workmen's Compensation insurance to cover obligations imposed by applicable laws
for any employee engaged in the performance of work under this contract, and Employers' Liability insurance
with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND 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 Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits of
ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy
shall include coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single limits
for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00)
each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each
Professional's owned, 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
Govemmental Immunity Act, Section 24-10-101 et seq., c.R.S., as from time to time amended, or otherwise
available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen 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.
I I. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not expressly
incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered 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 8161 I
Professional:
Bill Ortman
Columbine Moving & Storage
411 AABC
Aspen, CO 81611
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional agrees to
meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in
employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by
the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be
performed by Professional to which the same may apply and, until complete performance by Professional of
said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this
Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
16.
General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived, superseded or
extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or 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.
time in effect.
(d) This agreement shall be governed by the laws of the State of Colorado as from time to
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duIy
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:
CITY OF ASPEN, COLORADO:
By:
Title:
Date:
WITNESSED BY:
PROFESSIONAL:
Columbine Moving & Storage, Inc
By:
ad{ D ~
Title:
President
Date: May ?1. ?007
.
EXHIBIT "A" to Professional Services Agreement
Scope of Work
Columbine Moving & Storage will provide moving services for the carpet installation for the City of
Aspen, City Hall 2nd floor, located at 130 South Galena Street, Aspen, Colorado. The office content
removal, including disassembly is to take place on the afternoon of Friday, June 15 starting at 3:00p.m.
The replacement and reassembly of moved items is to take place on the day of Sunday, June 17,2007.
Columbine Moving & Storage Responsibilities
Colunbine Moving & Storage will provide one supervisor, one crew foreman, and 10 movers over the
course of the project. Columbine will be responsible for the disassembly, and removal oflabeled items
only from the 2n floor offices to the basement rooms and subsequent return and assembly in their
appropriate locations. Columbine will provide moving labels, crews, trucks, and moving equipment. The
crew foreman will coordinate with the crew and the point personnel during the actual moving process. A
pre-move meeting will be coordinated with a Columbine representative and the City's point personnel.
City of Aspen Responsibilities
The City will be responsible for packing materials, packing all items in desks, lateral file cabinets,
cabinets, shelving, labeling, and disconnecting of computers and electronic equipment as preparation for
the move. Columbine will be able to use the elevator during business hours on Friday, June 15 with the
understanding the building is open to the public until5pm. The City will have a point person(s) to answer
questions, open the building, and help solve problems that may arise. Room diagrams should be posted at
the points of entry of each room.
Move Schedule
· Tuesday, June 12'h Pre-move meeting with the City point personnel and Columbine to discuss the
labeling system and move schedule.
· Friday, June 15th Columbine crew arrives to start the move. Contents that do not fit into the
basement rooms will be moved and stored at the Columbine warehouse.
· Sunday, June l7'h Columbine crew will return contents and reassemble items to their correct
location.
.
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
The "Guaranteed Not to Exceed" cost for the Scope of Work is Thirty Four Thousand Six Hundred Ninety
Seven Dollar and Fifty Cents ($34,697.50). This price reflects the original moving dates requested in the
Invitation to Bid. The actual price will be lower due to the elimination of holiday labor rates.
~c..
MEMORANDUM
FROM:
Mayor and City Council
Jessica Garrow, Planner J'MG7
Chris Bendon, Community Development Director
TO:
THRU:
DATE OF MEMO:
May 22, 2007
MEETING DATE:
May 29, 2007
RE:
Sunny Views Annexation
REQUEST OF COUNCIL: Council has been asked to approve a petition for annexation of a
parcel located near the Sunny Views Subdivision and Mollie Gibson Park.
DISCUSSION: The Applicant has requested that a portion of an existing parcel (herein
"Fathering Parcel") owned by the County be annexed into the City. The Fathering Parcel is the
subject of a Land Use hearing in front of the Pitkin County Board of County Commissioners on
June 27th, 2007. At that meeting the Fathering Parcel is proposed to be subdivided into two (2)
different parcels. One would remain in County ownership, and the other would be owned by the
Applicant.
Because the subdivision has not occurred, the parcel is not eligible for annexation. The
Annexation process should be started again once the BOCC has subdivided the property and it is
eligible for Annexation.
RECOMMENDED ACTION: The current petition will be withdrawn so no further action is
required by City Council at this time.
CITY MANAGER COMMENTS:
Page 1 of I
1ii~ (A,.
MEMORANDUM
TO:
Mayor and City Council
........JAA
Joyce A. Allgaier, Deputy Director
Chris Bendon, Director of Community Development~ VV7
May 17, 2007
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
May 29, 2007
RE:
Dean Street Right-of-Way Vacation (parcels 3 & 4 of Block 4,
Eames Addition) First Reading of Ordinance No-d!j, Series
of 2007 (2nd Reading Public Hearing set for June 25, 2007.)
REQUEST OF COUNCIL: The request before City Council is to vacate a portion of the
Dean Street right-of-way that borders both the Timber Ridge Condominiums and the proposed
Lodge At Aspen Mountain PUD. The area of focus is shown highlighted in pink in Exhibit A.
The City Council has jurisdiction over the vacation of any public right-of-way and the process
is formalized by the adoption of an ordinance following a public hearing.
PREVIOUS COUNCIL ACTION: Portions of Dean Street (in this vicinity and further east)
have been vacated in the past and are shown in green in Exhibit A in the immediate area of the
subject right-of-way.
BACKGROUND: The area under consideration for vacation is land that City Council has
discussed as part of the Lodge At Aspen Mountain proposal. This pink area shown in Exhibit
A would be vacated and revert to ownership to Timber Ridge Condominiums. Normally when
right-of-way vacations are approved, the subject land is split down the middle, with adjoining
properties each taking ownership of half. In this case, the Lodge At Aspen Mountain will
allow for "their share" to be transferred over to Timber Ridge. The site plan for the Lodge At
Aspen Mountain plans for the use of the proposed vacated area to be parking and landscaping
for the Timber Ridge, who historically, have used a portion of Dean Street for these purposes.
DISCUSSION: This vacation proposal has been discussed as part of the evaluation of the
Lodge At Aspen Mountain proposal and has thus far not been an issue of City Council in
terms of the land use planning for the area. The main concern that has been raised regarding
this area has been by the Trainor's Landing Homeowner's Association. Trainor's landing
would like to see the subject right-of-way remain public. This area has been and continues to
Page 1 of3
be used primarily by the Timber Ridge owners and visitors for over 35 years. Sometimes this
Dean Street parking area is used by the public when attending special events in the area.
The Timber Ridge Homeowner's Association have entered into an agreement with the Lodge
At Aspen Mountain and Lift 1 Condos to pursue this right-of-way vacation. All three of these
parties are in favor of the vacation.
The Lodge At Aspen Mountain proposal adds public parking to the revised South Garmisch
Street and Juan Street streetscape designs to accommodate spaces lost or rearranged by the
development.
The timing of the Dean Street vacation is such that it would be linked to the PUD development
proposal of the Lodge At Aspen Mountain review process. First reading of this vacation
ordinance is scheduled for May 29'" and the 2nd Reading would be timed to coordinate with
the final public hearings of the Lodge At Aspen Mountain. Such second reading would start
with the June 25'" City Council meeting, the date to which the Lodge project has been
continued. From this point on the two hearings (Lodge and vacation) would track together.
The Engineering Department has no objection to the action of vacating this subject section of
Dean Street.
FINANCIAL/BUDGET IMPACTS: There are no financial impacts to the City of Aspen that
would go along with the vacation of the subject portion of Dean Street. Not vacating the right-
of-way and taking on maintainence could have cost for additional operation costs of the Street
Department. The City of Aspen has not maintained this right-of-way and through the years, as
the Timber Ridge Homeowner's Association has purchased gravel, graded the parking,
provided snowplowing, and enforced parking themselves for parking. This has been a benefit
to the City of Aspen by not having the responsibility to maintain this area.
ENVIRONMENTAL IMP ACTS: Parking already exists in this portion of Dean Street with a
permeable surface of dirt and gravel. Nine parking spaces currently exist and Timber Ridge
does not intend to expand the parking area or reconfigure the lot. Options for reconfiguration
or changes are limited due to large trees that delineate the usable area. The existing
landscaping (about 25 feet along the north side of the right-of-way, adjacent to the Timber
Ridge building) would be kept in place. At this time, there is no proposal for the parking area
to be paved causing the need for storm water planning for the water collected on an
impervious surface. In some ways, paving would serve to cut down on the existing dust and
silt run off from the dirt/gravel surface.
RECOMMENDED ACTION: Staff recommends that the City Council approve the vacation
of the subject right-of-way of Dean Street. The land area does not contain any public utilities
and the area has for decades been out of public use other than sporadic parking associated with
public events. The Timber Ridge (100 Dean Street) calls it front as Dean Street, where its
front door is located. It seems appropriate to allow the property to revert to private ownership
under these circumstances.
Page 2 of3
ALTERNATIVES: If City Council does not want to approve the Dean Street vacation, the
City could hold onto this property, allow public use and take on responsibility for
maintenance, which comes with operational costs.
PROPOSED MOTION: "I move to approve Ordinance No.~, Series of 2007, vacating a
portion of the Dean Street right-of-way as described in the ordinance."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A:
Lift One Boundary Adjustment Plat (showing proposed vacation areas)
Page 3 of 3
ORDINANCE NO. ~
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Aspen Land Fund II, LLC c/o Centurion Partners, LLC has petitioned
the City of Aspen to vacate a portion of Dean Street between E. Durant and Juan Streets between
Block 4 and 6 in the City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer
and they have made a determination that the exhibit complies in all respects with the City's
Public Rights-of-ways Vacation Policies and the land proposed to be vacated is eligible for
vacation pursuant to said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That the portion of Dean Street between E. Durant and Juan Streets, described as Parcel
3 and Parcel 4, Block 4 of the Eames Addition, and depicted on Exhibit A appended hereto and
by this reference incorporated herein, shall be, and the same hereby is vacated subject to the
conditions set forth below.
Section 2.
That the petitioners file a final street vacation map, suitable for recordation, with the
Community Development Department within 30 days of final approval of the vacation.
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section
43-2-302. C.R.S.
Section 4.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
2
A public hearing on the ordinance shall be held on the 25th day of June, 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 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of
,2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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MEMORANDUM
Mayor and City Council
Jessica Garrow, Planner J \J'\q
Chris Bendon, Community Development Director ~VY)
TO:
FROM:
THRU:
DATE OF MEMO: May 22, 2007
MEETING DATE: May 29, 2007
RE: First Reading Smuggler Racquet Club Conceptual PUD (1000 Matchless Drive)-
Conceptual PUD - Ordinance No.J. S' , Series 2007 - (Parcel 2737-074-11-800)
Public Hearinl! - June 25. 2007
ApPLICANT /OWNER:
Aspen Land Fund II, LLC
REPRESENTATIVE:
Sunny Vann, ofVann Associates.
LOCATION:
1000 Matchless Drive, Commonly known as the
Smuggler Racquet Club. The property is legally
described as SE Y. of Section 7, Township 10
South, Range 84 West of the 6th Principal
Meridian, Tract A Aspen Township Addition.
CURRENT ZONING & USE
Not zoned in the City; used as a Racquet Club
with a structure used as a residence. Zoned R-15
in County
PROPOSED LAND USE & ZONING:
1. Affordable Housing, AH/PUD;
2. Recreation Club, RR.
STAFF RECOMMENDATION:
Staff Recommends Approval of the Conceptual
PUD. Staff would like to know if Council
would like to schedule a site visit.
PLANNING AND ZONING COMMISSION
RECOMMENDATION:
The P&Z recommended approval of the
Conce tual PUD.
PHOTO OF SUBJECT PROPERTY:
Photo of racquet club portion to be
redeveloped
Page 1 of9
REQUEST OF COUNCIL: Aspen Land Fund (ALF) is requesting Council approve a Conceptual
PUD for the creation of affordable housing on the Smuggler Racquet Club site and for the
redevelopment of the tennis club. The proposed affordable housing is part of the mitigation for the
Lodge at Aspen Mountain. Any approval of this Affordable Housing proposal should be linked to the
Lodge project approval.
BACKGROUND: The Applicant, Aspen Land Fund LLC, has requested the approvals necessary to
subdivide the existing Smuggler Racquet Club site, to redevelop the existing Smuggler Racquet Club
in its current location, and to develop an AH-PUD on the upper portion of the lot (the portion closest to
Park Circle). The affordable housing proposal will help fulfill the Applicant's required mitigation for
the Lodge at Aspen Mountain.
The proposal deals with a parcel that is not zoned in the City. It was annexed into the City in the
1950s with the Hughes Addition, but the parcel never received zoning. Because of this, it has been
assumed until recently that this lot is located in Pitkin County. The parcel is zoned R-15 in the county,
and includes the Smuggler Racquet Club and a small cabin that is currently used as a residence. This
cabin was reviewed by the Historic Preservation Commission at their January 10, 2007 meeting at
which time the Commission recommended the cabin be designated. The minutes from that meeting are
attached as Exhibit G. A more detailed discussion of the cabin is contained in the "Discussion" section
below.
DISCUSSION: This Staff memo outlines all Land Use Approvals that will be required. At this time,
the Applicant is only requesting approval of a Conceptual PUD. All other land use requests and
requirements will be addressed with the Final PUD. Staff and the Applicant will outline all required
reviews in more detail at Second Reading than is presented here. The memo refers to Lot 1 and Lot 2.
In attached Exhibit E, Lot 1 is outlined in green and Lot 2 is outlined in pink.
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:
. Conceptual PUD approval for the construction of Affordable Housing and the redevelopment
of the Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (Citv Council is the
final review authoritv after considering a recommendation from the Planning and Zoning
Commission).
Additionally, the Applicant is requesting the following land use approvals at Final PUD consideration:
. Final PUD approval for the construction of Affordable Housing and the redevelopment of the
Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (City Council is the final
review authoritv after considering a recommendation from the Planning and Zoning
Commission);
. Subdivision approval for the division of the existing parcel into two lots; Lot 1 for the
Affordable Housing development, and Lot 2 for the redevelopment of the Smuggler Racquet
Club pursuant to Land Use Code Section 26.480 (City Council is the final review authoritv
after considering a recommendation from the Planning and Zoning Commission);
Page 2 of9
. Rezoning to AH/PUD on Lot I and Rural Residential (RR) on Lot 2 pursuant to Land Use
Code Section 26.310 (City Council is the final review authoritv after considering a
recommendation from the Planning and Zoning Commission);
. Growth Management Review for the construction of Affordable Housing pursuant to Land Use
Code Section 26.470 (the Planning and Zoning Commission is the final review authority);
. Growth Management Review for the redevelopment of the Racquet Club - because this portion
of the project does not fall into specified Growth Management categories, the Planning and .
Zoning Commission will be asked to determine the Employee Generation Review pursuant to
26.470.050 Al (the Planning and Zoning Commission is the final review authority);
. Conditional Use Review to allow for a Recreation Club use on the parcel proposed to be zoned
as Rural Residential pursuant to Land Use Code Section 26.425 (the Planning and Zoning
Commission is the final review authority);
. Special Review for parking on Lot 2 pursuant to Land Use Code section 26.430 (the Planning
and Zoning Commission is the final review authority);
. Residential Design Standards Variances for the construction of Affordable Housing pursuant to
Land Use Code section 26.410 (the Planning and Zoning Commission is the final review
authority);
. Commercial Design Standards Review for the redevelopment of the Racquet Club pursuant to
Land Use Code section 26.412 (the Planning and Zoning Commission is the final review
authority);
. Administrative Determination for the construction of Affordable Housing on Lot 2 if it is zoned
to Rural Residential, pursuant to Land Use Code section 26.306 (the Communitv Development
Director makes this determination).
PROJECT AND SITE SUMMARY:
The Applicant proposes subdividing the property into two parcels: Lot 1 and Lot 2. Lot 1 would be
developed as 100% Affordable Housing, and Lot 2 would be redeveloped as a Racquet Club and
would include one (I) Affordable Housing unit as well as indoor courts. Lot I would be rezoned to
AH/PUD, while Lot 2 would be rezoned to Rural Residential (RR) with a PUD overlay. The
dimensional tables below outline the existing lot's dimensions, requirements for the proposed
underlying zoning, as well as the dimensions the Applicant proposes on the site. Attached as Exhibit
D is a proposed site plan - the portion outlined in green is referred to here as Lot 1, and the portion to
be redeveloped as tennis courts (Lot 2) is outlined in pink.
The fathering parcel is in the general shape of a square. There is a notch along the Western boarder of
the lot. Additionally, the lot is not directly adjacent to Park Circle. The intervening parcels are owned
by Sam Brown (Centennial) and the City (parking for Smuggler).
Page 3 of9
Proposed Units
28 units comprised of:
I Studio unit (the existing cabin)
13 I-bedroom units at 500 sq. ft.
8 2-bedroom units at 1,000 sq. ft.
6 3-bedroom units at 1,500 s . ft.
Maximum allowable density
(determined by fathering parcel)
500 sq. ft. for I-bedroom
units; 1,000 sq. ft. for 2-
bedroom units; 1,500 sq. ft.
for 3-bedroom units
Determined through PUD
In order to access Lot 1, an easement over one of the intervening parcels is required. The Applicant
proposes this easement over the City owned parcel. The exact access point will be determined as part
of the Final PUD approval.
Page 4 of9
Proposed Program
5 outdoor racquetball courts
2 indoor racquetball courts
I Affordable Housing unit
External floor area ratio
16,283 sq. ft.
None listed for non-
residential uses on a lot.
Residential Uses are the same
as R-15:
Lot size greater than 50,000
sq. ft.: for a Single Family
Residence, 6,600 sq. ft. of
floor area, plus 2 sq. ft. of
floor area for each additional
100 sq, ft, in lot area;
for a Duplex or Two
Detached Dwellings, 7,020
sq. ft. of floor area, plus 3 sq.
ft. of floor area for each
additional 100 sq. ft. in lot
area
Page 5 of9
The zero (0) foot setback on the Western portion of the site is a result of the notch in the property
(outlined in red on the first page of Exhibit D). This notch, and the zero foot setback, extend for
twenty (20) feet. All other areas include setbacks exceeding code minimums for the RR zone district.
The Applicant proposes a PUD overlay on Lot 2 because of the zero (0) foot setback. The Applicant is
currently working with that property owner to determine if the piece of land can be purchased. Staff
recommends approval of the proposal with the zero (0) foot setback at this time, and anticipates this
issue to be fully resolved at the time of Final PUD approval.
PROPOSED ZONING:
The Applicant has proposed AH/PUD and RR zoning for the two (2) proposed lots. Staff is currently
determining if these are the most appropriate zoning classifications for the proposed uses. This is a
topic that will be discussed in detail at the Final PUD review. Exhibit F outlines the existing zoning on
surrounding parcels.
LOT 1 SITE DESIGN:
The Applicant has worked with Staff to refine the proposed site plan. The Applicant made some
changes to the modulation of the Affordable Housing units in response to Staff comments. Staff
requested the Applicant enlarge windows located on the side elevations of the three (3) buildings.
This is a detail that can be finalized during the Final PUD approval. Staff previously expressed a
concern regarding the relation of the new buildings to the historic cabin. The Planning and Zoning
Commission discussed the location of the cabin at their March 6th meeting, and requested the applicant
examine its location in order to create a more flexible site design. Based on the discussions with Staff
and the HPC, the Applicant has proposed a revised site plan that maintains the cabin's existing
location. Rather than framing the cabin's location by surrounding it with structures, the Applicant has
proposed using landscaping to help create a more prominent location for the cabin. This provides an
opportunity for a tot lot, or some other form of landscaped amenity for the development. Staff has
requested a detailed landscaping plan be submitted as part of the Final PUD application to ensure the
cabin is appropriately framed. Staff is supportive of this direction and recommends approval of the
proposed site plan.
Staff has also expressed concerns related to the paved entrances to the different Affordable Housing
buildings, stating that the walkways could be consolidated. Staff maintains its concern with these
paths, but agrees with the Applicant that this is an issue that can be addressed as part of the detailed
landscaping plan submitted with the Final PUD application.
Access to Lot I is an issue that will be further addressed in the Final PUD. Because of mine shafts
located on proposed Lot 1, the exact access point off of Park Circle had no been determined. The
Applicant will conduct further studies of the site and work with the Engineering Department and the
Community Development Engineer to determine the most appropriate access point. Further, the
location of a future bus stop along Park Circle will be addressed as part of the Final PUD Applciation.
LOT 2 SITE DESIGN:
As with Lot I, Staff would like to see the mass on Lot 2 broken up. Staff is concerned with the mass
on Lot 2 and recommends it be broken up. Staff believes the original design (see pages 27 - 34 in the
original application packet, Exhibit D) is more suited for this scale of development and that with the
new design the building is trying to look smaller than it actual is or that is can be given its use. While
the development on Lot 1 should fit in with the architectural vernacular of the surrounding area, the
racquet club has the opportunity to be different in style while still reflecting the use and required size
of the building. The Planning and Zoning Commission expressed support for the proposed design seen
Page 60f9
in Exhibit E. Further, the Applicant has stated that the original design is much more expensive than
the proposed design. While Staff is sympathetic to these concerns, Staff maintains the position that the
building should be differentiated from its surroundings through the use of different materials and a
different style. Staff would like some direction from Council regarding this design and material use.
HISTORIC CABIN ON LOT 1:
In January, the Historic Preservation Commission approved designation of a cabin located on Lot I,
adjacent to Park Circle. The designation will be finalized with Final PUD approvals. The HPC
required the cabin remain in its current location. The Planning and Zoning Commission felt leaving
the cabin in its existing location hindered the site plan and requested Staff to return to HPC and ask if
they would be willing to reconsider their decision to prohibit the movement of the cabin. Based on this
direction, Staff asked if the HPC would be willing to reconsider their recommendation against moving
the cabin. The HPC indicated they would be willing to re-examine the cabin's location if a proposed
site plan met the HPC Design Guidelines. The minutes from this meeting are provided as Exhibit H.
The Applicant decided to move forward with the existing cabin location in the Conceptual PUD, but
has submitted an application to the HPC requesting the cabin be moved 20 to 30 feet from its existing
location to make room for a park area. This hearing is scheduled for June 13th, 2007. Should the HPC
grant the request, the Applicant will address the changes at Second Reading on June 25th, 2007. If the
Cabin remains in its existing location, it will be addressed as outlined in the "Lot 1 Site Design"
section above.
PARKING:
The Planning and Zoning Commission expressed concerns about the original parking proposed, stating
that there were too few spaces being provided. The original application provided thirty-eight (38)
spaces (one space per unit) when fifty-eight (58) spaces (one space per bedroom) is the code
requirement because the site is outside the Infill area. Staff expressed support for the thirty-eight (38)
spaces because ofthe proximity to the bus line.
The Applicant examined the parking provided on site based on comments received from the Planning
and Zoning Commission and has provided fifty (50) parking spaces. Seven (7) of these spaces are
"double loading," and therefore count as one (1) space toward the on-site parking requirement. The
amount of parking provided on-site that meets the requirements of the Off-Street Parking section of the
Land Use Code (26.515) is equal to forty-four (44) spaces. The Applicant also made some changes to
the housing mix on-site, which has reduced the parking requirement to one (I) space per bedroom
(rather than 2 spaces per unit). Therefore, the parking requirement is as follows:
1 Studio Unit = 1 Space
13 I-Bedroom Units = 13 Spaces
8 2-Bedroom Units = 16 Spaces
6 3-Bedroom Units = 18 Spaces
Total = 48 Spaces
The parking will be formally established via Special Review at the time of Final PUD approval. A
condition of approval has been included that requires a minimum of forty-four (44) spaces be provided
for the Affordable Housing Units on Lot I. Staff finds that the proposed parking provides the
appropriate number of spaces for the development. The double-stall spaces can accommodate two (2)
vehicles, but only count as one (I) space according to the Land Use Code. All parking spaces are
proposed to be assigned to individual units. This will be determined as part of the Special Review.
Page 7 of9
The Applicant has proposed the double-stall spaces be assigned to the two-bedroom or three-bedroom
units in order to achieve the highest functionality.
The parking on Lot 2 (the Racquet Club) will include thirty-eight (38) spaces to serve the affordable
housing unit and the club members. This parking area is located off of Matchless Drive, and will
include a landscape buffer. A detailed landscaping plan will be provided as part of the Final PUD
Application.
CITY DEPARTMENTAL REVIEWS:
The Development Review Committee has reviewed this conceptual PUD, as has the Housing Office.
These comments are attached as Exhibits B and C respectively. Conditions of approval based on these
comments will be in the Final PUD Resolution and Ordinance.
ENVIRONMENTAL IMPACTS: The Environmental Health Department has reviewed this
application as part of the Development Review Committee. These comments have been attached in
Exhibit B. The Environmental Health Department has determined that the most significant air quality
impact from this project results from vehicle emissions. They calculate that the development will
generate 241 additional trips per day, for a total of 34 pounds ofPM-lO per day. The Environmental
Health Department states in comments attached in Exhibit B that payment of the City's Air Quality
Impact Fee at the time of building permit will mitigate these impacts. The Applicant, however, is not
subject to these fees as they were instituted after the Application was submitted.
Further, the Environmental Health Department has recommended a connection to existing RFT A stops
as a way to encourage use of alternative transportation options. This option was also raised by the
Planning and Zoning Commission. This is an issue that requires further consultation with the Parking
and Streets Department as well as RFT A, and will be better addressed as part of the Final PUD
approvals. Section 11 of the attached Ordinance requires that a bus stop be considered and addressed
as part of the Final PUD Application.
RECOMMENDED ACTION: Staff recommends the application receive Conceptual PUD approval.
Staff feels the parking changes made to the plan address concerns raised by the Planning and Zoning
Commission, and that the design changes to Lot I address Staff concerns. Staff is also supportive of
addressing the framing of the cabin and the consolidation and landscaping internal sidewalks as part of
the detailed landscaping plan in the Final PUD Application.
PROPOSED MOTION: "I move to adopt Ordinance No. _, Series of 2007, approving the
Smuggler Racquet Club Conceptual PUD."
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - PUD Review Criteria and Staff Findings
EXHIBIT B - DRC Comments
EXHIBIT C - Housing Office Comments
EXHIBITD-Application dated July 18, 2006 (bound)
EXHIBIT E - Revised Application dated March 22, 2007 (bound)
EXHIBIT F - Map of Surrounding Zoning
Page 8 of9
EXHIBIT G - January 10, 2007 HPC Minutes - Cabin Designation
EXHIBIT H - March 13, 2007 HPC Minutes - Request to Hear Cabin Relocation
EXHIBIT I - Planning and Zoning Commission Memo dated March 6, 2007
EXHIBIT J - Planning and Zoning Commission Memo dated April 3, 2007
EXHIBIT K - Planning and Zoning Commission Resolution 23, Series 2006
EXHIBIT L - Planning and Zoning Commission Minutes, March 6, 2007
EXHIBIT M - Planning and Zoning Commission Minutes, April 3, 2007
Page 9 of9
ORDINANCE NO. ~
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS THE SMUGGLER RACQUET CLUB CONCEPTUAL PUD
AT 1000 MATCHLESS DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY,
COLORADO
PARCEL NO. 2737-182-02204
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Vann Associates, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on April 3'd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of 2006, by a five to zero (5-
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; and,
WHEREAS, on May 29th, 2007 the Aspen City Council approved Ordinance No.
_, Series 2007, on First Reading by a _ to _ L---.J vote, approving with conditions
a Conceptual PUD for the Smuggler Racquet Club Site located at 1000 Matchless Drive,
City of Aspen, CO; and,
WHEREAS, during a duly noticed public hearing on June 25th, 2007, the Aspen
City Council approved Ordinance No. _, Series 2007, by a _ to _ L---.J vote,
approving with conditions a Conceptual PUD for the Smuggler Racquet Club Site located
at 1000 Matchless Drive, 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,
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.
Page 1 of7
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Conceptual PUD for the
development of affordable housing and the redevelopment of the Smuggler Racquet Club
at 1000 Matchless Drive, City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements, and a preliminary Construction
Management Plan for review. The Applicant shall also work with the Engineering
Department and the Community Development Engineer to determine the best access off
of Park Circle. This location shall be reflected in plans submitted with the Final PUD
Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution 1, Series 2007, concurrently with
their consideration of the Final PUD approval. The cabin is subject to regulations in
Section 26.415 ofthe Land Use Code.
Section 4: Landscapine
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location of the tree protection will be required for the bldg permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part ofthe Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles of the ROW
(amending the current soils to improve air, water filtration and increase longevity of the
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Page 2 00
Section 5: Fire Mitieation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water connection with individual metering for each unit
and for each common use.
An 8-inch looped connection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
Page 3 of7
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion ofthe public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Drainaee
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smueeler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said testing protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
1) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
2) The owner and general contractor of any development on Lots I and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
Page 4 of7
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Section 10: Affordable Housin!!:
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Twenty-eight (28) units shall be provided for the Lodge at
Aspen Mountain mitigation on Lot 1. One (I) Affordable Housing unit shall be provided
as part of the Smuggler Racquet Club redevelopment on Lot 2.
Affordable Housing units on Lot 1 shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
The twenty-eight (28) units will be broken into one (I) studio unit, thirteen (13) one-
bedroom units, eight (8) two-bedroom units, and six (6) three-bedroom units. The
categories shall be determined in cooperation with APCHA.
Section 11: Parkin!!: and Transit
The Final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot I. To the
extent the access easement providing access to Lot I from Park Circle eliminates
Smuggler Trail Head parking, the Final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The Final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by Special Review at Final PUD
approval, and at a minimum shall include thirty-eight (38) parking spaces for the Racquet
Club parcel on Lot 2 and forty-four (44) spaces for the Affordable Housing units on Lot
1.
Section 12: Vested Ri!!:hts
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 27, Series of 2006 and herein shall be vested for a period of three (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:
1001 Matchless Drive, City of Aspen, CO, by Ordinance No. _, Series of 2007,
of the Aspen City Council.
Page 5 of7
Section 13:
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 14:
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 15:
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 16:
A public hearing on the ordinance shall be held on the 25th day of June, 2007, in the City
Council Chambers, 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 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
Page 6 00
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
G:lcitylJessicalCaseslSmuggler Racquet ClublCouncillFirst ReadinglOrdinance5.29 _ Smugglerfirst
reading. doc
Page 70f7
EXHIBIT A - CONCEPTUAL PUD
Pursuant to Land Use Code section 26.445.100, All development proposed within a PUD,
unless eligible for minor review or determined eligible for a consolidated review, shall be
reviewed for Conceptual approval by the Commission and Council and then reviewed for
Final approval by the Commission and Council. At the Conceptual level, the Planning
and Zoning Commission makes a recommendation to the City Council.
A.Generalrequ"ement~
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
The development meets a number of AACP goals, including development occurring
within the Urban Growth Boundary, the development of a significant number of
affordable housing units within the city, the proximity to existing transit routes, and
the promotion of recreational facilities. Staff finds this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
The proposed redevelopment of the racquet club is consistent with the existing club
on the site. The proposed affordable housing is consistent with the adjacent
properties, which include a number of affordable and free-market multi-family
residential projects. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
The parcel currently has some development on site. The property is within the
boundaries of the former Smuggler Superfund site. The parcel has gone through
remediation and will follow the adopted Institutional Controls. Staff finds this
criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Growth Management Review will occur with the Final PUD review.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized.
The Applicant has proposed zoning the parcel to Rural Residential (RR) for the Racquet
Club redevelopment, and AH/PUD for the affordable housing development. Staff finds
that these proposed zone districts are appropriate at this time, and match the existing
character of uses on the site and in the area.
Exhibit A - PUD Review Criteria
Page 1
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a. The character of, and compatibility with, existing and expected future
land uses in the surrounding area.
b. Natural or man-made hazards.
The site is included in the former Smuggler Superfund site. The Applicant
will abide by all Institutional Controls in place, and has developed a site plan
based on known hazards on-site. This will be refined in the Final PUD
application. Staff finds this criterion to be met.
c. Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
landforms.
The parcel is proposed to be subdivided based on existing topographical
features. Staff finds this criterion to be met.
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.
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.
No open space is currently proposed on-site. Staff recommends the Applicant look at
ways to consolidate internal building access points to help create more opportunities
for open space. 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.
The Applicant will provide parking for each affordable housing unit. The
parking will need to go through a Special Review at Final PUD. Staff finds
this criterion to be met,
b. The varying time periods of use, whenever joint use of common parking
is proposed.
No joint parking is proposed. Staff finds this criterion to not be applicable.
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.
Exhibit A - PUD Review Criteria
Page 2
The site is located along a bus route and will have access to RFT A. Staff
finds this criterion to be met.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
The site is located along a bus route and will have access to RFT A. Staff
finds this criterion to be met.
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
The Applicant is not proposing the maximum density be reduced. Staff finds this
criterion to be met.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
The Applicant is not proposing the maximum density be reduced. Staff finds this
criterion to be met.
6. The maximum allowable density within a PUD may be increased if there exists
a significant community goal to be achieved through such increase and the
development paUern is compatible with its surrounding development patterns
and with the site's physical constraints.
The Applicant is not proposing the maximum density be increased. Staff finds this
criterion to be met.
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 thefollowing:
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.
Proposed Lot 1 includes a historic cabin that is believed to have been an Assayer's
Office associated with the Smuggler Mine. The Applicant has received approval
from HPC to designate the structure - this will be finalized as part of the Final PUD.
Staff finds this criterion to be met.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Exhibit A - PUD Review Criteria
Page 3
The parcel is not large enough to enable the preservation of large tracts of land while
accommodating the proposed land uses. Smaller areas of open space are provided on
each proposed Lot. In addition the lots are in close proximity to other areas of public
space, including Molly Gibson Park, and the Smuggler trail area. Staff finds this
criterion to not be applicable.
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.
The Applicant has revised the site plan to ensure the affordable housing units address
the street, as is required in the Residential design Standards. Staff finds this criterion
to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
All proposed access points include appropriate emergency vehicle access. A snow
removal plan will be addressed as part of the Final PUD. Staff finds this criterion to
not be applicable.
5. Adequate pedestrian and handicapped access is provided.
The racquet club complies with all ADA requirements. The affordable housing units
will have appropriate pedestrian access to Park Avenue; this will be addressed as part
of an easement in the Final PUD application. Staff finds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
The Water Department has evaluated the potential runoff and drainage on site. The
site has a number of special considerations due to its mining history. New pipes may
be required on site. The Applicant will address these concerns with the Water
Department in the Final pun application. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
The racquet club redevelopment will allow for appropriate programmatic functions.
Staff finds this criterion to be met.
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:
Exhibit A - PUD Review Criteria
Page 4
The Applicant provided a draft landscaping plan as part of the original Conceptual
application. An updated version will be provided as part of the Final PUD Application.
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.
The Applicant will provide a final landscape plan in with the Final PUD. This will
ensure landscaping is consistent with adjacent land.
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.
The cabin located on proposed Lot 1 will be designated at part of the Final PUD.
Staff finds this criterion to be met.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
The Applicant will provide a final landscape plan in with the Final PUD. This will
ensure existing landscaping is preserved or mitigated for if it is to be removed.
E. Architectural Character.
1. It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based
upon the suitability of a building for its purposes, legibility of the building's
use, the building's proposed massing, proportion, scale, orientation to public
spaces and other buildings, use of materials, and other attributes which may
significantly represent the character of the proposed development. There shall
be approved as part of the final development plan an architectural character
plan, which adequately depicts the character of the proposed development.
The Architectural Character will be addressed at Final PUD. The Applicant has made
improvements to the architecture and site layout since the original application. The
affordable housing units appropriately address the street, and include street-oriented
entrances. Staff will evaluate the design as part of the Final PUD, but find that it is
moving in the right direction since the original application.
F. Lighting.
1. 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.
Exhibit A - PUD Review Criteria
Page 5
The PUD will comply with all lighting regulations in place. A more detailed plan
will be provided as part of the Final PUD.
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:
There are no common spaces proposed as part of this application.
1. 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 againstfuture 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
unjustifiedfinancial burden. The proposed utilities and public facilities associated with
the development shall comply with thefollowing:
1. Adequate public infrastructure facilities exist to accommodate the development.
The Water, Sanitation, and Electric Departments reviewed this application and
determined there is adequate service for this development. This will be addressed in
greater detail at Final PUD.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
At this time no adverse impacts are anticipated. This will be addressed in greater
detail at Final PUD.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
This criterion will be addressed at Final PUD when a finalized site plan and
associated materials are available for City Departments to review.
Exhibit A - PUD Review Criteria
Page 6
1. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
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:
1. 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.
The redevelopment of the racquet club will use the same access as is currently
enjoyed by the club. Staff finds this criterion to be met for this portion of the
application.
The affordable housing units do not have direct access to Park A venue. An easement
agreement will need to be worked out with the City during Final PUD review.
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.
The redevelopment of the racquet club will use the same access as is currently
enjoyed by the club. Staff finds this criterion to be met for this portion of the
application.
The affordable housing units do not have direct access to Park Avenue. An easement
agreement will need to be worked out with the City during Final PUD review.
3. Areas of historic pedestrian or recreational trail use, improvements oj, 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.
The proposed development will not result in any changes to the existing Trail
easements. Staff finds this criterion to be met.
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.
The proposed development is along a corridor with existing RFTA service. As part
of the Final PUD a more developed transportation plan with be established, with the
possibility of a new RFTA bus stop adjacent to the affordable housing units. Staff
finds this criterion to be met.
Exhibit A - PUD Review Criteria
Page 7
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.
Access to the affordable housing units will be achieved through an access easement
over city owned property. This is an issue that will be addressed at the Final PUD.
Staff finds this criterion to be met.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for
lots within the PUD, are minimized to the extent practical.
The streets within the PUD are not gated and do not include any entryway
expressions. Staff finds this criterion to be met.
J. Phasing of Development Plan. (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 dejined in the adoptedjinal PUD development plan.
This will be dealt with at Final PUD. Staff finds this criterion does not apply at
Conceptual.
Exhibit A - PUD Review Criteria
Page 8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
MEMORANDUM
To: Development Review Committee
From: Alex Evonitz, Com. Dev. Engineer
Date: September 13, 2006
Re: Smuggler Racquet Club Conceptual PUD and Affordable Housing
Development
The Development Review Committee (DRe) has been asked to review the
proposed Smuggler Racquet Club Conceptual PUD and construction of
affordable housing units along Park Circle at the September 13. 2006 meeting.
The DRC has compiled the following comments:
Attendees; Alex Evonitz, Com. Dev. Eng.; Jessica Garrow, City Planner; Aaron
Reed, Engineering; Phil Overeynder, Public Works; Todd Grange. City Zoning;
Denis Murray. City Building; Ed Van Walraven, AFPD; Stephen Ellsperman, City
Parks; John Sarpa. Centurion Partners, LLC; Sunny Vann. Vann Assoc.; K. Weil.
Poss Architecture.
Building Department - Denis Murray;
. Two exists are required from the lower tennis courts.
. All exits from the racquet club need to be sized for the structures being
used for assembly.
. The project will be subject to review based on the current IBC.
. Efficient building review will be applied to the structures on the project.
. Based on the plans included the AHU's seem appropriate.
. Curb and gutter review needs further review when more details are
available.
Fire Protection District - Ed Van Walraven;
. Sprinklers for life safety are required.
. Alarm systems need to be included in the project.
Engineering Department - Aaron Reed;
. There have been significant neighbor issues in the project area. A big
effort will need to be undertaken to keep the public informed during the
review and construction phases of any project in this area.
Parks - Steve Ellsperman;
. Landscape plan is very important for consistency with the surroundings.
Vegetation lists are available from the Parks Office.
. Erosion control measures need to be best management practices.
Page 1 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. Tree Removal: An approved tree permit is required for any future tree
removals. An approved tree permit requires a proposed landscape plan
identifying trees for removal and means and schedule for mitigation.
Please contact the City Forester for more information 920-5120. The tree
permit must be approved prior to an approved demo permit.
. Tree Protection: A vegetation protection fence shall be erected at the
drip line of each individual tree or groupings of trees remaining on site. 6
formal plan indicatina the location of the tree protection will be reauired
for the bldq permit set. No excavation. storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic allowed
within the drip line of any tree remaining on site. This fence must be
inspected by the city forester or his/her designee (920-5120) before any
construction activities are to commence
. Landscapinq and Sidewalk landscaped area: Landscaping in the public
right of way will be subject to landscaping in the ROW requirements.
. Parks would like to assist in species selection. possible
recommendations: Ash, Maples. Fruitless Crabapples or Box Elders.
. Plant street trees14' to 15' centers.
. This requires adequate irrigation pressure and coverage.
improvements to the soil profiles of the ROW (amending the current
soils to improve air. water filtration and increase longevity of the
new plantings).
. The parkway strip should be a minimum of a 5-foot strip.
. Surface water flows across the site will need special attention.
Including but not limited to adjudicated irrigation rights. mine runoff
and storm runoff.
. It appears from the plans that plantings are to close to the
proposed structures.
. Overflow parking from the Smuggler hiking trail lot is currently an
issue and needs to be addressed adjacent to this project.
Community Development Engineer - Alex Evonitz;
. The normal requirements for permit application will be required.
. Excavation shoring will likely be necessary to protect adjacent structures
and landscaping and utilities.
. Details of the current and anticipated condition of the mines halt need to
be provided. This would be preferred before the time of building permits
application if possible.
. The project site is large enough that consideration to providing onsite
detention is preferred verses wet well development.
. Preferred access to the AHU portion of the project would be directly
across from Nicholas Lane.
Aspen Consolidated Waste District - Tom Bracewell;
. Service is contingent upon compliance with the District's rules, regulations,
and specifications. which are on file at the District office.
Page 2 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. ACSD will review the approved Drainage plans to assure that clear water
connections (roof. foundation. perimeter, patio drains) are not connected
to the sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Old service lines must be excavated and abandoned at the main sanitary
sewer line according to specific ACSD requirements.
. Below grade development may require installation of a pumping system.
. One tap is allowed for each building. Shared service line agreements may
be required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of
ways. Landscaping plans will require approval by ACSD where soft and
hard landscaping may impact public ROW or easements to be
dedicated to the district.
. All ACSD fees must be paid prior to the issuance of a building permit. Peg
in our office can develop an estimate for this project once detailed plans
have been made available to the district.
. Where additional development would produce flows that would exceed
the planned reserve capacity of the existing system (collection system
and or treatment system) an additional proportionate fee will be assessed
to eliminate the downstream collection system or treatment capacity
constraint. Additional proportionate fees would be collected over time
from all development in the area of concern in order to fund the
improvements needed.
. Where main sanitary sewer lines are required to serve this new
development or the existing publicly owned sewer system requires
modification or adjustment, a line extension request and collection system
agreement are required. Both are ACSD Board of Director's action items.
. Applicant will be required to deposit funds with the district for construction
costs. engineering fees, construction observation fees, and fees to clean
and televise the new main sewer line extension into the project.
. The Applicant will be required to pay 40% of the estimated tap fees for the
anticipated building stubouts prior to building permit.
. Easements for main sewer lines to be dedicated to the district for future
ownership and maintenance shall be dedicated and conveyed to the
district using standard district form and language.
. Glycol heating and snowmelt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer
system. The glycol storage areas must have approved containment
facilities.
The district will be able to respond with more specific comments and
requirements once detailed building and utility plans are available.
Housing Office - No Attendance
Parking - No Attendance
Asset Management - No Attendance
Zoning - Todd Grange;
Page 3 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
o Please confirm that the storage units for the AHU's are sized correctly.
o Need to confirm that no food service will be provided at the racquet club
facility.
o Whether or not FAR calc's apply for the indoor tennis courts needs to be
researched.
Environmental Health - Jannette Murison:
o AIR QUALITY: "It is the purpose of [the air quality section of the Municipal
Code 13.08] to achieve the maximum practical degree of air purity
possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the
city..."The Land Use Regulations [Chapter 26 of the Municipal Code) seek
to "lessen congestion" and "avoid transportation demands that cannot be
met" as well as to "provide clean air by protecting the natural air sheds
and reducing pollutants".
o The land use code states that the density of a PUD may be reduced if the
proposed development will have a pernicious [negative] effect on air
quality in the surrounding area and the City.
o The major air quality impact is the emissions resulting from the traffic
generated by this project. Using standard Institute of Traffic Engineers Trip
Generation Rates, this development will generate 241 additional trips per
day, and 34 pounds of PM-l 0 per day.
Thus the size of this development will have a pernicious (negative) effect on the air
quality if significant mitigation measure were not implemented.
o To ensure that the development does not have a pernicious effect on air
quality in the surrounding area and the City of Aspen, the Environmental
Health Department recommends that the following PM-l 0 mitigation
measures be implemented:
o Pay the City of Aspen's Air Quality Impact Fee (if in place by building
permit submittal).
o Other recommended measures include:
Provide off-site car storage to account for the additional spaces (if required by
City Council),
o Sell the units with only one parking space per unit,
o Add sidewalk along property to connect to RFTA bus stop,
o Active participation in the City's Transportation Options Program (TOP) by
the Homeowner's Association. and
o Provide covered and secure bike storage.
o An alternative for mitigation is that the applicant:
Contribute to RFTA for additional buses and service (cash in lieu).
The City of Aspen Environmental Health Department has reviewed the land use
submittal under authority of the Municipal Code of the City of Aspen, and has the
following comments and reminders:
o ASBESTOS: Prior to remodel, expansion or demolition of any public or
commercial building, including removal of drywall, carpet, tile. etc.. the
state must be notified and a person licensed by the state to do asbestos
inspections must do an inspection. The Building Department cannot sign
any building permits until they get this report. If there is no asbestos, the
Page 4 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it,
. ENGINE IDLING: The applicant is reminded for the construction phase of
the project that per municipal code section 13.08.110 it is unlawful for any
person to idle or permit the idling of the motor of any stationary motor
vehicle for a prolonged or unreasonable period of time determined
herein to be five (5) minutes or more within anyone (1) hour period of
time.
. FIREPLACE/WOODSTOVE PERMITS: The applicant must file a
fireplace/woodstove permit with the Building Department before the
building permit will be issued. In the City of Aspen. buildings may have two
gas log fireplaces or two certified woodstoves (or 1 of each) and
unlimited numbers of decorative gas fireplace appliances per building.
New homes may NOT have wood burning fireplaces. nor may any
heating device use coal as fuel.
. FUGITIVE DUST: Any development must implement adequate dust control
measures.
. A fugitive dust control plan is required as part of the applicants erosion
control plan. A fugitive dust control plan may include. but is not limited to
fencing, watering of haul roads and disturbed areas. daily cleaning of
adjacent paved roads to remove mud that has been carried out, speed
limits, or other measures necessary to prevent windblown dust from crossing
the property line or causing a nuisance.
A fugitive dust control plan must be submitted to the Colorado Department of
Public Health and Environment, Air Quality Control Division if this project will last
greater than 6 months.
. NOISE ABATEMENT: Section 18-04-01 'The city council finds and declares
that noise is a significant source of environmental pollution that represents
a present and increasing threat to the public peace and to the health.
safety and welfare of the residents of the City of Aspen and to its visitors.
Noise has an adverse effect on the psychological and physiological well
being of persons. thus constituting a present danger to the economic and
aesthetic well-being of the community. "
. During construction, noise cannot exceed maximum permissible sound level
standards. and construction cannot be done except between the hours of
7 am and 7 pm. Monday thru Saturday. Construction is not allowed on
Sundays.
. It is very likely that noise generated during the construction phase of this
project will have some negative impact on the neighborhood. The
applicant should be aware of this and take measures to minimize the
predicted high noise levels.
A construction noise suppression plan must be submitted to the City of Aspen
Environmental Health Department if the construction of this project will create noise
greater than 80 decibels.
. TRASH STORAGE AREA: The applicant should make sure that the trash
storage area has adequate wildlife protection. We recommend recvclina
containers be present wherever trash compactors or dumpsters are
Page 5 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
located due to the Citv of Aspen's new Waste Reduction Ordinance.
Chapter 12.06.
The applicant is advised that with the new Waste Reduction Ordinance recycling
services will be included with any trash hauling service contracted during
construction. It is important that the applicant plan for adequate space for
recycling during the construction of the project. Recycling services will include
the following recyclable material: Cardboard. Co-mingled (plastic bottles.
aluminum, steel cans and glass bottles), Newspaper and Office Paper.
. A total of at least 20-27* square feet of the utility/trash service area is
recommended for recycling facilities.
. One 90-gallon toter = 2"x2.5" (5sq. ft.). Need one for each: co-mingled,
office paper. newspaper = 15sq. ft. Cardboard - At minimum could use a
toter = 5sq. ft and at most need a cardboard dumpster = 12sq.ft (3"x4").
Can have required space reduced in a review if can prove use of a
cardboard shelf = Osq.ft
. FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations
Governing the Sanitation of Food Service Establishments in the State of
Colorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease
trap. Restaurant grills are regulated by the City of Aspen and the
applicant should contact this Department to be it is in compliance
. The applicant should be aware that approval of both plans and
specifications is required before the building permit is approved. A
minimum of two weeks is necessary for the Environmental Health
Department to review and approve plans. Also, final approval from this
Department is necessary before opening for business and prior to issuance
of a Colorado Food Service License.
The applicant's floor plans indicate a kitchen. A business plan and menu must
be submitted to the Aspen Environmental Health Department prior to the Building
Permit Submittal to determine If their food service meets the licensing
requirements of the State.
Public Works / Water / Electric - Phil Overeynder;
. The process for provision of water service differs substantially between
areas that are within the City corporate boundaries and outside the City
limits. I previously understood that the subject property was in the County
and wished to receive City water service through an extra-territorial
water service agreement. This understanding was based on the City
zoning maps, which showed the property in the County. It is also
supported by a "Contract for Water Service" executed in July. 1966,
providing for extension of water service to the Tennis Club as a user
outside of the City of Aspen. The application includes evidence that
requests a determination by the City that the property was annexed in
1950. If this position is accepted. water service can be accommodated
without a water service agreement. If it is determined that the property
was not previously annexed, a water service agreement (enacted
Page 6 of 8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
through an ordinance in compliance with the Aspen City Charter) will be
required before extension of water service to the proposed
development. Alternately. the property could go through the annexation
process. In either of the latter cases, different conditions and costs for
connection to the water system would apply in the event that the
property is not currently annexed to the City.
. Jay Hammond's letter (Exhibit 2 of the application) correctly states the
requirements for the water line extension to provide potable water
service to the property. In summary an 8-inch looped connection from
the existing line on Matchless Dr. to the existing line on Park Circle would
be required to serve the property is required. Hydrants would be required
along this connection in accordance with the recommended placement
of the Fire Marshall and in accordance with spacing requirements
contained in the Aspen Water System standards.
. The water service requirements for the individual proposed buildings is
also correctly stated in Exhibit 2. In summary, a single connection per
building with individual metering required for each unit and for each
common use (mechanical room, etc.) would satisfy Aspen Water
Department standards.
Irrigation Water
. The Aspen Water Department owns the rights to the Anthony Well and
would like to pursue the option of providing untreated water for irrigation
of the proposed common landscaped area with this water. The existing
well, located on an adjoining parcel, is presently in the process of being
abandoned. but Aspen will retain the water rights. If the developer
selects this option, it is anticipated that a new well would be drilled at the
owner's expense and Aspen would lease the water rights under a raw
water lease agreement under terms available to raw water system users.
Reduced tap fees as well as reduced monthly operating costs may make
this option economically attractive relative to irrigation with potable
water.
Streets
. Designated areas for snow storage need to be delineated for each of
the proposed parking areas. No removal of snow into the public right of
way will be permitted.
Mine Drainage Concerns
. Page 5 of the application states that additional investigations will be
conducted regarding the impact of sub-surface mine workings on the
proposed development. These investigations should include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Mine water may (now or
in the future) be building up in storage at higher elevations as a result
of developing blockages at historic drainage points and stored water
could be discharged instantaneously and under pressure through the
Molly Gibson Mine Shaft on the property.
Page 7 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. The adequacy of sizing of the easement area and any underground
collection or pipe conveyance of the mine drainage should consider not
only the historic quantity of discharge. but the maximum anticipated
flow from the mine
Page 8 of8
Exhibit C,
Smuggler Racquet Club Conceptial PUD
MEMORANDUM
TO:
Jessica Garrow
FROM:
Cindy Christensen, Operations Manager - Housing
DATE:
October 4, 2006
RE:
SMUGGLER RACQUET CLUB CONCEPTUAL PUD
Parcel ID No. 2737-074-11-800
ISSUE: The applicant is requesting approval for the development of a deed-restricted affordable
housing project and a new tennis facility on the Smuggler Racquet Club property.
BACKGROUND: The proposed development is a 100% deed-restricted affordable housing project
that will be constructed on an essentially vacant portion of the project site and the current Smuggler
Racquet Club will be demolished and replaced with a new clubhouse and courts and an upgraded
tennis facility. The affordable housing units are to be used as partial mitigation for the applicant's
proposed Aspen Mountain Lodge project that is adjacent to South Aspen Street near the base of
Aspen Mountain.
The applicant is proposing to rezone Lot 1 to AH/PUD. This zone district allows for a free-market
component, but the applicant is proposing no such component. The lot will contain six separate
two-story structures containing a total of 32 employee-housing units. Four of the structures will
each contain four I-bedroom units and two 2-bedroom units. The remaining structures will each
contain four 3-bedroom units. The resulting employee housing unit mix will be as follows:
16
8
8
I-bedrooms
2-bedrooms
3-bedrooms
725 net livable square feet
1,053 net livable square feet
1,166 net livable square feet
The minimum square footages establishing categories is stated below:
Unit TVDe
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family Detached
Categories 1 & 2
Square Feel
400
600
850
1,000
1,100
Categories 3 & 4
Square Feet
500
700
950
1,200
1,400
Categories 5 & 6
Square Feet
600
800
1,000
1,300
1,700
Category 7
Square Feel
700
900
1,100
1,400
1,900
Page 1 of3
Exhibit C,
Smuggler Racquet Club Conceptial PUD
The units will be condominiumized and sold to qualified purchasers. The applicant states that the
categories will be determined in cooperation with APCHA as part of the conceptual PUD review
process. Staff would recommend the following:
One-Bedrooms
Two-Bedrooms
Three-Bedrooms
10 at Category 2
4 at Category 3
2 at Category 2
6 at Category 3
4 at Category 4
2 at Category 3
4 at Category 4
Although the three-bedrooms are 34 square feet smaller than the minimum square footage allowed
as stated in the Guidelines, due to the location of the project and the additional storage, the units can
be 20% less than the minimum requirements. Staff would still recommend most of the units as
Category 3 and Category 4. Each unit will contain a kitchen, ample closet space, a washer and
dryer, an outdoor deck or on-grade patio, and an external storage area. Parking for the employee
housing units will be provided in an internal surface parking lot. A total of 38 spaces are being
proposed which equates to one space per unit. The requirement is 56 spaces, or one space per
bedroom. A variation will be requested in the number of required parking spaces.
Lot 2 will contain a new clubhouse, reconfigured tennis courts (with two ofthe courts located in an
enclosed structure). The new structure will contain a new office, locker rooms, multi-purpose,
living and storage rooms, a small workout area and laundry facility, and a two-bedroom employee-
housing unit for a on-site manager. The Racquet Club is a non-profit entity that is not subject to
growth management. As stated in the Pre-Application Conference Sununary, the proposal requires
a growth management review for the development of the employee housing. The applicant is
proposing to zone Lot 2 as Rural Residential for the proposed tennis court parcel. This specific unit
will be approximately 1,152 square feet of net livable area and deed-restricted to Category 4 income
and occupancy guidelines.
RECOMMENDATION: The Housing Board approved the application with the recommended
categories as stated above and with the following conditions; however, during final plat approval,
the Board would be willing to readdress the categories if so requested by the applicant:
1. At least one parking space should be allocated and reserved for each unit.
2. The deed-restriction shall be recorded at the time ofrecordation ofthe Condo Plat and prior
to Certificate of Occupancy, along with the Manager's rental unit on Lot 2.
3. APCHA or the applicant shall structure a deed restriction for the unit located on Lot 2
such that 1/10th of I percent of that specific unit is deed restricted in perpetuity to the
Aspen/Pitkin County Housing Authority; or the applicant may propose any other means
that the Housing Authority determines acceptable.
Page 2 of3
Exhibit C,
Smuggler Racquet Club Conceptial PUD
4. All units located on Lot 1 shall be sold through the lottery system by APCHA.
5. This project of 32 units will mitigate for a total of 70 FTE's, broken down as follows, for
the partial mitigation requirement for the development of the Aspen Mountain Lodge
project:
16 One-Bedrooms
8 Two-Bedrooms
8 Three-Bedrooms
10 X 1.75 employees = 28 FTE's
8 X 2.25 employees = 18 FTE's
8 X 3 employees = 24 FTE's
Page 3 of3
ggler Racquet Club
urrounding Zoning
ARDMORE CT
ILJL.J
o 145 290
580
~t~lb,+
roads
Zoning
other values
DISTRICT
AH PO ..
RlMF PO ..
RIM FA PO ..
R15 PO ..
R3"
R6"
R6 PO ..
I
870
I Feet
1,160
r-
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Exn''oit q
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JANUARY 10. 2007
Chairperson, Jeffrey Halferty called the meeting to order at 5:00 p.m.
Commissioners in attendance: Brian McNellis, Michael Hoffman and Sarah
Broughton. Excused was Alison Agley.
Staff present:
Amy Guthrie, Historic Preservation Officer
Sara Adams, Historic Preservation Planner
Kathy Strickland, Chief Deputy City Clerk
MOTION: Sarah moved to approve Nov. 15th minutes; second by Brian. All
in favor, motion carried 4-0.
Certificate of no negative effect issued for mechanical - Aspen Mtn. Lodge.
1000 Matchless Dr. (Smuggler Racquet Club) Landmark Designation,
Relocation, Minor Development, Public Hearing
Proof of publication - Exhibit I
John Sarpa, Centurion Partners
Bill Poss, Poss Architects
Sara stated that the applicant is proposing to redevelop a portion of the
Smuggle Racquet Club property into affordable housing. The cabin is a
small gabled roof cabin and it sits along Park Circle. Staff has looked at the
size and location and it is identical to the historic photographs. The
applicant proposes to designate the cabin and relocate it 25 feet to the west
into the center of a newly created lot with generous setbacks. There will be
a generous grassy area around the cabin. Staff believes that the cabin is part
of the Smuggler mine which was listed on the National Register in 1987.
The location of the cabin was on the 1904 Sanborn map. The cabin has had
a couple alterations, two small additions and some exterior material changes.
It is in its original location and still has the original gabled roof form. Staff
finds that the cabin complies with criterion A & B and recommends
designation.
Relocation: One of the most important features of the cabin is that it sits in
its original location. Staff recommends that the cabin stay in that location.
John Sarpa said this is an opportunity for his group and the City. A previous
Mayor of Aspen deeded the parcel to Aspen. We are building a project
Smuggler Racquet Club Exhibit G
Page 1
ASPEN HISTORIC PRESERV A nON COMMISSION
MINUTES OF JANUARY 10, 2007
called the Lodge at Aspen Mtn. which is in its final review process. This
project is an integral part of it. We need to house about 100 people for that
project. The projected housing project will house about 70 people. The
Housing Authority loved the original design. We presented the proposal to
the Community Development Dept. and they didn't like the original plan so
we redesigned the plan. The idea is to have the entire project reflect the
Smuggler mine and what the little cabin is all about. The racquet club is
near the site and we had to be sensitive to their view planes. The housing is
basically along the road and trailer courts. We had thought moving the
cabin would be permissible. By moving it 25 feet to the west doesn't make
an impact on the historic district or the Smuggler mine. We are to balance a
couple of community interests, affordable housing and historic preservation.
If we can move it the building will have a 40 foot buffer and if not the buffer
will only be 15 feet. Moving it will have a much larger setback. To take
one building and build the affordable housing around it makes a unique
project. We feel the cabin should be habitable.
Bill Poss said they originally had a garden type layout and Chris Bendon
asked us to make a more of a street presence. Chris did not want the gated
community look. The mine is some 100 feet away and up on the hill and by
moving the cabin 25 feet and designating it will protect it from fire threats
and the close construction of the units. We need to lift the building in order
to rehabilitate it and put a foundation under it. In creating a street scene
there is a parcel of land between the road and us which is owned by Sam
Brown. There will be front and back entrances and some of the parking will
enter from the rear of the units.
Michael inquired about the use of the building. Amy said the Sanborn map
indicates that it was used as an office. The majority ofthe other buildings
are gone.
Bill pointed out that there were two railroads that serviced town back then,
The Rio Grand and Midland. The Midland came into the Holden Marolt
smelter and the Smuggler mine had its own smelter to separate the ore and
ship it and the railroad came across their own bridge and up to the property.
Brian asked the applicant to explain the configuration of the new buildings.
Bill said they are townhouses, up and down units. There are some two and
three bedrooms. The modules will be stacked with some units up and some
down. Brian said each of the units is connected into one building.
Smuggler Racquet Club Exhibit G
Page 2
ASPEN HISTORIC PRESERV A nON COMMISSION
MINUTES OF JANUARY 10. 2007
Sarah asked the applicant if they looked at keeping the cabin in its existing
location. John Sarpa said they did but it is too close given what is all around
the area.
Amy asked ifthey looked at turning the closest unit ninety degrees. Bill said
then we loose the street presence. Chris Bendon said they wanted the
residents on the street.
Jeffrey asked if they looked at moving the vehicular access closer to the
historical building and maintain the clearance of the well. Bill said they do
not own the area along the road.
Amy pointed out that maybe there is a way to orient the program slightly to
comply with the Planning & Zoning issues.
Chairperson, Jeffrey Halferty opened the public hearing. There were no
public comments. The public hearing portion of the meeting was closed.
John Sarpa said we are here to try and designate a building. We went
through three or four staff designs and we are trying to combine affordable
housing requirements with historic preservation. We are here voluntarily.
Brian pointed out that the greatest historical integrity of the cabin is its
location. Given the context to the Smuggler mine we need to maintain its
location. The applicants plan is very clear; putting the cabin in the center of
the square actually does celebrate the building in the configuration proposed.
He is not sure every configuration has been exhausted and he is conflicted
with the street presence.
Sarah said she would vote in favor of moving the building. There is a lot of
opportunity for the site plan that we are not seeing here. Moving the
building so that it has more open space helps keep it visually exposed.
Michael said as he read the memo, he thought it would be appropriate to
keep the cabin in its original position. Listening to the applicants comments
this structure does not relate to anything. Everything has been removed
around 1900. Moving it 25 feet is not meaningful.
Smuggler Racquet Club Exhibit G
Page 3
ASPEN HISTORIC PRESERV A nON COMMISSION
MINUTES OF JANUARY 10. 2007
Jeffrey said the voluntary commitment is commendable. Maybe there is an
opportunity on the site plan to make the cabin a more visual piece. Maybe
there is the possibility to add onto the building with square footage. The site
plan seems very generic. There needs to be some relationship to the historic
resource that begins to relate to the modulars. Because there is nothing left
at the mine site doesn't give us the right to remove that structure. We need
to preserve the structure in its original location especially when there is
flexibility of a quarter of an acre in that location. The preservation of the
cabin and designation is commendable but maybe there can be one more site
plan reviewed to look at all of the pieces.
John Sarpa said they need to keep moving on the project whatever the
outcome.
MOTION: Michael moved to approve Resolution #1, 2007 with the
following additional conditions:
1. Details of the relocation and foundation to be presented to staff and
monitor.
2. 10 feet of buffer should be included on all sides of the structures.
Motion carried 4-0. Roll call vote: Brian, yes; Michael, yes; Sarah, yes;
Jeffrey, yes.
John Worcester said the resolution should include meets and bounds before
it is signed.
Smuggler Racquet Club Exhibit G
Page 4
~~b+ -H
ASPEN mSTORIC PRESERVATION COMMISSION
MINUTES OF MARCH 14. 2007
Chairperson, Jeffrey Halferty called the meeting to order at 5:00 p.rn.
Commissioners in attendance: Alison Agley, Brian McNellis, Michael
Hoffman and Sarah Broughton.
Staff present:
Amy Guthrie, Historic Preservation Officer
Sara Adams, Historic Preservation Planner
Kathy Strickland, Chief Deputy City Clerk
Jim True, Special Counsel
MOTION: Sarah moved to approve January 24'h, Feb. 14'h and Feb. 28'h.
2007 minutes; second by Michael. All infavor, motion carried.
Sara said at the P&Z meeting they reviewed the Smuggler affordable
housing case. P&Z is asking HPC to reconsider your position on relocating
the historic cabin.
Jessica Garrow, planner said at the HPC meeting, January 10tb the Smuggier
Racquet Club representatives came in for designation of the cabin on the site
adjacent to Park Circle. HPC recommended designation and leaving the
cabin in its existing location. At the conceptual level for P&Z they
requested staff ask HPC if they are interested in reconsidering your decision
of retaining the cabin in its existing location. They have concerns that the
cabin in its existing location is impacting the site plan and they would like to
give the representatives some flexibility to the site and see what other
solutions they come up with.
Amy pointed out that HPC has criteria for relocation and one of thern has to
be that it is the best preservation solution.
Jeffrey said until we see a new application or plan that conforms to our
guidelines he is not wavering on his decision. Jeffrey pointed out that the
only time we ever let historic buildings leave their sites is to make them
better viewed by the public. They have plenty of room on the site to do what
they want to do. We would reconsider but it has to be demonstrated that the
plan is a better preservation effort for the cabin.
Michael. said he is willing to reconsider but needs more evidence that the
cabin existed in its current location. Sara said she presented maps that
1
(K;\ubH- H
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MARCH 14. 2007
indicated it was the same form and same measurements. If it does come
back maybe we can see if the interior was used as an office.
Sarah said her concern is that HPC was presented a sparse site plan and the
applicant said they did not have much time and needed to move forward.
We were backed into a solution where we were throwing out an arbitrary
setback number for the historic resource. Sarah said if the new proposal
meets our guidelines and the historic resource can be better utilized on a
better site plan she is all for seeing it.
Brian said he feels there is always a solution to a landscape design especially
with that much space.
Jeffrey said we would reconsider but we would like to see an excellent
demonstration on preservati~n as well as the design of the site plan.
Amy said staff brought the proposal to the HPC trying to be reasonable with
the applicant to say that we are just going to define a small piece of the
property instead of the two acres. Reviewing the entire parcel seemed to be
going over our boundaries. That has put us in an awkward position having
such a limited area to review.
Jeffrey said the applicant needs to demonstrate that they have a better spot
and the guidelines need to apply.
Jim True said he was at the meeting and if Jessica goes back to the applicant
and indicates that HPC will review a different proposal ifit complies with
the guidelines everyone will be on the sarne page. It is his understanding
that the applicant is looking for some leeway.
214 E. BLEEKER STREET - MAJOR DEVELOPMENT-
CONCEPTUAL - DEMOLITION, RELOCA TION, VARIANCES PH
Dave Rybak, architect
Sara said in terms of the design HPC had asked that the rear elevation be
broken up into modules. In the proposal tonight there is a bay window and
the garage has been shifted away from the alley towards the west. The
garage is now in compliance with the five foot setback that was brought up
at the public comments. In terms of relocation the applicant is trying to
2
Exhibit 1,
Smuggler Racquet Club Conceptual PUD
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jessica Garrow, Planner
RE: Smuggler Racquet Club Conceptual PUD (1000 Matchless Drive) - Conceptual PUD -
Resolution No. 32 , Series 2006 - Public Hearinl!: (Parcel 2737-074-11-800)
DATE: March 6, 2007
ApPLICANT /OWNER:
Aspen Land Fund II, LLC
REPRESENT A TIVE:
Sunny Vann, ofVann Associates.
LOCATION:
1000 Matchless Drive., Commonly
known as the Smuggler Racquet
Club. The property is legally
described as SE Y. of Section 7,
Township 10 South, Range 84
West of the 6th Principal Meridian,
Tract A Aspen Township
Addition.
CURRENT ZONING & USE
Not zoned in the City; used as a
Racquet Club with a structure used
as a residence. Zoned R -15 in
County
PROPOSED LAND USE & ZONING:
I. Affordable Housing, AHlPUD;
2. Recreation Club, RR.
STAFF RECOMMENDATION:
Staff Recommends Approval of
the Conceptual PUD. A site visit
has been scheduled for noon on
Tuesday March 6th, 2007.
SUMMARY:
Page 1 of8
Exhibit I,
Smuggler Racquet Club Conceptual PUD
HEARING AND MEMO NOTES:
New Commission members have received the original application with this Staff memo. All other
Commissioners should have received the original application in an earlier packet; if you need a new
one, please contact Jessica Garrow.
This Staff memo outlines all Land Use Approvals that will be required. At this time, the Applicant is
only requesting approval of a conceptual PUD. All other land use requests and requirements will be
addressed with the Final PUD. Staff and the Applicant will outline all required reviews in more detail
than is presented here, at the March 6th meeting.
The memo refers to Lot 1 and Lot 2. In attached Exhibit D Lot I is outlined in green and Lot 2 is
outlined in pink. The Applicant has proposed zoning for these parcels. Staff will determine if these
zoning categories are appropriate at the time of Final PUD. For now, Staff is satisfied that the
proposed zoning is appropriate for the proposed Land Uses.
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:
. Conceptual PUD approval for the construction of Affordable Housing and the redevelopment
of the Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (Citv Council is the
final review authoritv after considering a recommendation from the Planning and Zoning
Commission).
Additionally, the Applicant is requesting the following land use approvals at Final PUD consideration:
. Final PUD approval for the construction of Affordable Housing and the redevelopment of the
Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (Citv Council is the final
review authoritv after considering a recommendation from the Planning and Zoning
Commission);
. Subdivision approval for the division of the existing parcel into two lots; Lot 1 for the
Affordable Housing development, and Lot 2 for the redevelopment of the Smuggler Racquet
Club pursuant to Land Use Code Section 26.480 (Citv Council is the final review authoritv
after considering a recommendation from the Planning and Zoning Commission);
. Rezoning to AH/PUD on Lot 1 and Rural Residential (RR) on Lot 2 pursuant to Land Use
Code Section 26.310 (Citv Council is the final review authoritv after considering a
recommendation from the Planning and Zoning Commission);
. Growth Management Review for the construction of Affordable Housing pursuant to Land Use
Code Section 26.470 (the Planning and Zoning Commission is the final review authority);
. Growth Management Review for the redevelopment of the Racquet Club - because this portion
of the project does not fall into specified Growth Management categories, the Planning and
Zoning Commission will be asked to determine the Employee Generation Review pursuant to
26.470.050 Al (the Planning and Zoning Commission is the final review authority);
. Conditional Use Review to allow for a Recreation Club use on the parcel proposed to be zoned
as Rural Residential pursuant to Land Use Code Section 26.425 (the Planning and Zoning
Commission is the final review authority);
Page 2 of 8
Exhibit I,
Smuggler Racquet Club Conceptual PUD
. Special Review for parking on Lot 2 pursuant to Land Use Code section 26.430 (the Planning
and Zoning Commission is the final review authority);
. Residential Design Standards Variances for the construction of Affordable Housing pursuant to
Land Use Code section 26.410 (the Planning and Zoning Commission is the final review
authority);
. Commercial Design Standards Review for the redevelopment of the Racquet Club pursuant to
Land Use Code section 26.412 (the Planning and Zoning Commission is the final review
authority);
. Administrative Determination for the construction of Affordable Housing on Lot 2 if it is zoned
to Rural Residential, pursuant to Land Use Code section 26.306 (the Communitv Development
Director makes this determination).
PROJECT AND SITE SUMMARY:
The Applicant, Aspen Land Fund LLC, has requested the approvals necessary to subdivide the existing
Smuggler Racquet Club site, to redevelop the existing Smuggler Racquet Club in its current location,
and to develop an AH-PUD on the upper portion of the lot (the portion closest to Park Circle). The
affordable housing proposal will help fulfill the Applicant's required mitigation for the Lodge at Aspen
Mountain.
The proposal deals with a parcel that is not zoned in the City. It was annexed into the City in the
1950s with the Hughes Addition, but the parcel never received zoning. Because of this, it has been
assumed until recently that this lot is located in Pitkin County. The parcel is zoned R-15 in the county,
and includes the Smuggler Racquet Club and a small cabin that is currently used as a residence. This
cabin was reviewed by the Historic Preservation Commission at their January 10, 2007 meeting at
which time the Commission recommended the cabin be designated. The minutes from that meeting are
attached as Exhibit I.
The Applicant proposes subdividing the property into two parcels: Lot I and Lot 2. Lot 1 would be
developed as 100% Affordable Housing, and Lot 2 would be redeveloped as a Racquet Club and
would include one (I) Affordable Housing unit as well as indoor courts. Lot I would be rezoned to
AH/PUD, while Lot 2 would be rezoned to Rural Residential. (RR) with a PUD overlay. The
dimensional tables below outline the existing lot's dimensions, requirements for the proposed
underlying zoning, as well as the dimensions the Applicant proposes on the site. Attached as Exhibit
D is a proposed site plan - the portion outlined in green is referred to here as Lot 1, and the portion to
be redeveloped as racquet courts (Lot 2) is outlined in pink.
Page 3 ofS
Exhibit I,
Smuggler Racquet Club Conceptual PUD
The fathering parcel is in the general shape of a square. There is a notch along the Western boarder of
the lot, outlined in red on the first page in Exhibit D. Additionally, the lot is not directly adjacent to
Park Circle. The intervening parcels are owned by Sam Brown (Centennial) and the City (parking for
Smuggler). These conditions have a direct effect on site planning in the proposed lots.
Proposed Units
32 units comprised of:
16 I-bedroom units at 500 sq. ft.
S 2-bedroom units at 1,000 sq. ft.
S 3-bedroom units at 1,500 sq. ft.
Maximum allowable density
(determined by fathering parcel)
500 sq. ft. for I-bedroom
units; 1,000 sq. ft. for 2-
bedroom units; 1,500 sq. ft.
for 3-bedroom units
Determined through PUD
Page 4 ofS
Exhibit I,
Smuggler Racquet Club Conceptual PUD
In order to access Lot 1, an easement over one of the intervening parcels is required. The Applicant
proposes this easement over the City owned parcel. The exact access point will be determined as part
of the Final PUD approval.
Proposed Program
5 outdoor racquetball courts
2 indoor racquetball courts
I Affordable Housing unit
None listed for non-
residential uses on a lot.
External floor area ratio
16,283 sq. ft.
Residential Uses are the same
asR-15:
Lot size greater than 50,000
sq. ft.: for a Single Family
Residence, 6,600 sq. ft. of
floor area, plus 2 sq. ft. of
floor area for each additional
100 sq, ft, in lot area;
for a Duplex or Two
Detached Dwellings, 7,020
sq. ft. of floor area, plus 3 sq.
ft. of floor area for each
additional 100 sq. ft. in lot
area
Page 5 of8
Exhibit I,
uet Club Conce tual PUD
The zero (0) foot setback on the Western portion of the site is a result of the notch in the property
(outlined in red on the first page of Exhibit D). This notch, and the zero foot setback, extend for
twenty (20) feet. All other areas include setbacks exceeding code minimums for the RR zone district.
The Applicant proposes a PUD overlay on Lot 2 because of the zero (0) foot setback. The Applicant is
currently working with that property owner to determine if the piece of land can be purchased. Staff
recommends approval of the proposal with the zero (0) foot setback at this time, and anticipates this
issue to be fully resolved at the time of Final PUD approval.
STAFF COMMENTS:
Staff has discussed the site design with the Applicant, and the Applicant has made changes to the
design based on these conversations; see Exhibit D and the original application packet. In January, the
Historic Preservation Commission approved designation of a cabin located on Lot I, adjacent to Park
Circle. The designation will be finalized with Final PUD approvals. The HPC required the cabin
remain in its current location. Staff feels that the Affordable Housing design attached in Exhibit D
appropriately addresses the street, but that it does not relate to the cabin. Staff would like to see the
buildings open up to the cabin. The current configuration of buildings A and B on Lot 1 fail to relate
to the historic resource and physically isolate the cabin. Development on Lot I has the opportunity to
utilize the cabin in a creative manner. In its current configuration, however, the site plan fails to utilize
the cabin and diminishes its presence. Staff recommends the Planning and Zoning Commission
require the Applicant address these concerns in the Final PUD Application.
The architectural design on the Affordable Housing units on Lot I is an area where Staff continues to
have concerns. Staff finds that the design is moving in the right direction, but that more can be done
by the time of Final PUD Application. In the current design Staff finds the buildings overwhelm the
site and the cabin. Staff recommends the buildings be broken up into smaller modules that reflect the
context of the site. Lot 1 includes a number of paved entrances to the different Affordable Housing
buildings. Staff feels these could be consolidated to create a more user friendly site and to create the
possibility for more community and green space on the site.
As with Lot 1, Staff would like to see the mass on Lot 2 broken up. Staff prefers the original racquet
club design (see pages 27 - 34 in the original application packet) because of its unique architecture.
While the development on Lot 1 should fit in with the architectural vernacular of the surrounding area,
the racquet club has the opportunity to be different in style while still reflecting the use and required
size of the building. Stafffeels the original design is more suited for this scale of development and that
with the new design the building is trying to look smaller than it actual is or that is can be given its use.
The Applicant has proposed AH/PUD and RR zoning for the two (2) proposed lots. Staff is currently
determining if these are the most appropriate zoning classifications for the proposed uses. This is a
topic that will be discussed in detail at the Final PUD review. Exhibit E outlines the existing zoning on
surrounding parcels.
Access to Lot I is an issue that will be further addressed in the Final PUD. Because of mine shafts
located on proposed Lot 1, the exact access point off of Park Circle had no been determined. The
Page 6 ofS
Exhibit I,
Smuggler Racquet Club Conceptual PUD
Applicant will conduct further studies of the site and work with the Engineering Department and the
Community Development Engineer to determine the most appropriate access point.
The Development Review Committee has reviewed this conceptual PUD, as has the Housing Office.
These comments are attached as Exhibits B and C respectively. Conditions of approval based on these
comments will be in the Final PUD Resolution and Ordinance.
Attached as Exhibit F is a map of the former Smuggler Superfund site and the areas that have been
remediated. This parcel was included in the Smuggler superfund site, and appears to have been
remediated. However, all development on the parcel will comply with the Institutional Controls
currently in place. Details of this process are outlined on pages 6 and 7 of the Applicant's original
submittal.
The Applicant has provided a letter dealing with alleged regrading that has occurred onsite. Smuggler
Mobile Home Park resident Vincent Galluccio provided Staff with a number of materials regarding fill
being placed on proposed Lot I by; attached as Exhibit G. This information was provided to the
Applicant who has researched the matter and has responded with the letter attached as Exhibit H. Staff
is convinced by the survey information provided by the Applicant that the existing parcel has not
changed significantly in height, and that the proposed heights on Lot 1 are under the proposed zoning
height limits and in compliance with the agreement between the county and the Smuggler Mobile
Home park stating that all development will be measured from the height prior to any fill being placed
on the property.
RECOMMENDATION:
Overall, Staff finds this application should receive Conceptual PUD approval. Architectural issues
will need to be resolved before Final PUD approval. Staff is comfortable with the direction the
architecture is headed and feels this, as well as other technical issues, can be resolved at Final PUD
approval.
Staff recommends the Commission approve Resolution 32, Series of 2006, recommending to City
Council the approval of a conceptual PUD on the Smuggler Racquet Club property.
RECOMMENDED MOTION:
"I move to adopt Resolution No. 32, Series of2006, recommending the Aspen City Council approve
the Smuggler Racquet Club Conceptual PUD."
ATTACHMENTS:
EXHIBIT A - PUD Review Criteria and Staff Findings
EXHIBIT D - DRC Comments
EXHIBIT C - Housing Office Comments
EXHIBIT D - Revised Plans Application
EXHIBIT E - Map of Surrounding Zoning
EXHIBIT F - Map of Smuggler Superfund Site
EXHIBIT G - Information from Vincent Galluccio provided to Staff regarding alleged fill on proposed
Lot I
EXHIBIT H - Letter from Applicant addressing regrading on the site
EXHIBIT I - Minutes from the HPC January 10, 2007 meeting
Page 7 of 8
Exhibit 1,
Smuggler Racquet Club Conceptual PUD
Page S ofS
ExhibitJ,
Smuggler Racquet Club Conceptual PUD
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: Jessica Garrow, Planner
RE: Smuggler Racquet Club Conceptual PUD (1000 Matchless Drive) - Conceptual PUD -
Resolution No. 32, Series 2006 - Public Hearinl!: (Parcel 2737-074-11-800)
DATE: April 3, 2007 (Continued from March 6, 2007)
ApPLICANT /OWNER:
Aspen Land Fund II, LLC
REPRESENTATIVE:
Sunny Vann, of Vann Associates.
LOCATION:
1000 Matchless Drive., Commonly
known as the Smuggler Racquet
Club. The property is legally
described as SE Y. of Section 7,
Township 10 South, Range 84
West ofthe 6th Principal Meridian,
Tract A Aspen Township
Addition.
CURRENT ZONING & USE
Not zoned in the City; used as a
Racquet Club with a structure used
as a residence. Zoned R-15 in
County
PROPOSED LAND USE & ZONING:
1. Affordable Housing, AH/PUD;
2. Recreation Club, RR.
STAFF RECOMMENDATION:
Staff Recommends Approval of
the Conceptual PUD.
SUMMARY:
Page I of7
Exhibit J,
Smuggler Racquet Club Conceptual PUD
LAND USE REOUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approvals from the Planning and Zoning
Commission to redevelop the site:
. Conceptual PUD approval for the construction of Affordable Housing and the redevelopment
of the Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (City Council is the
final review authoritv after considering a recommendation from the Planning and Zoning
Commission).
Additionally, the Applicant is requesting the following land use approvals at Final PUD consideration:
. Final PUD approval for the construction of Affordable Housing and the redevelopment of the
Smuggler Racquet Club pursuant to Land Use Code Section 26.445. (City Council is the final
review authoritv after considering a recommendation from the Planning and Zoning
Commission);
. Subdivision approval for the division of the existing parcel into two lots; Lot I for the
Affordable Housing development, and Lot 2 for the redevelopment of the Smuggler Racquet
Club pursuant to Land Use Code Section 26.480 (Citv Council is the final review authoritv
after considering a recommendation from the Planning and Zoning Commission);
. Rezoning to AH/PUD on Lot I and Rural Residential (RR) on Lot 2 pursuant to Land Use
Code Section 26.310 (City Council is the final review authoritv after considering a
recommendation from the Planning and Zoning Commission);
. Growth Management Review for the construction of Affordable Housing pursuant to Land Use
Code Section 26.470 (the Planning and Zoning Commission is the final review authority);
. Growth Management Review for the redevelopment of the Racquet Club - because this portion
of the project does not fall into specified Growth Management categories, the Planning and
Zoning Commission will be asked to determine the Employee Generation Review pursuant to
26.470.050 Al (the Planning and Zoning Commission is the final review authority);
. Conditional Use Review to allow for a Recreation Club use on the parcel proposed to be zoned
as Rural Residential pursuant to Land Use Code Section 26.425 (the Planning and Zoning
Commission is the final review authority);
. Special Review for parking on Lot 2 pursuant to Land Use Code section 26.430 (the Planning
and Zoning Commission is the final review authority);
. Residential Design Standards Variances for the construction of Affordable Housing pursuant to
Land Use Code section 26.410 (the Planning and Zoning Commission is the final review
authority);
. Commercial Design Standards Review for the redevelopment of the Racquet Club pursuant to
Land Use Code section 26.412 (the Planning and Zoning Commission is the final review
authority);
. Administrative Determination for the construction of Affordable Housing on Lot 2 if it is zoned
to Rural Residential, pursuant to Land Use Code section 26.306 (the Community Development
Director makes this determination).
Page 2 of7
ExhibitJ,
Smuggler Racquet Club Conceptual PUD
PROJECT UPDATES SINCE MARCH 6. 2007 PLANNING AND ZONING COMMISSION MEETING
The Applicant has made a number of changes to the site plan on Lot I based on comments from the
Planning and Zoning Commission and Staff. These changes are outlined below. Also included in this
Staff memo are the revised dimensional requirements proposed for the PUD.
Parkin!!:
The Applicant has examined the parking provided on site and has provided fifty (50) parking spaces.
Seven (7) of these spaces are 'double loading," and therefore count as one (I) space toward the on-site
parking requirement. The amount of parking provided on-site that meets the requirements of the Off-
Street Parking section of the Land Use Code (26.515) is equal to forty-four (44) spaces. The Applicant
also made some changes to the housing mix on-site, which has reduced the parking requirement to one
(I) space per bedroom (rather than 2 spaces per unit). Therefore, the parking requirement is as
follows:
1 Studio Unit = 1 Space
13 I-Bedroom Units = 13 Spaces
8 2-Bedroom Units = 16 Spaces
6 3-Bedroom Units = 18 Spaces
Total = 48 Spaces
The parking will be formally established via Special Review at the time of Final PUD
approval. A condition of approval has been included that requires a minimum of forty-
four (44) spaces be provided for the Affordable Housing Units on Lot 1. Staff finds that
the proposed parking provides the appropriate number of spaces for the development.
The double-stall spaces can accommodate two (2) vehicles, but only count as one (I)
space according to the Land Use Code. All parking spaces are proposed to be assigned
to individual units. This will be determined as part of the Special Review. The
Applicant has proposed the double-stall spaces be assigned to the two-bedroom or three-
bedroom units in order to achieve the highest functionality.
Historic Cabin Considerations
Staff attended the March 13, 2007 Historic Preservation Commission's meeting to
discuss the Planning and Zoning Commission's comments regarding the cabin on Lot I.
Staff asked if the HPC would be willing to reconsider their recommendation against
moving the cabin. The HPC indicated they would be willing to re-examine the cabin's
location if a proposed site plan met the HPC Design Guidelines. The minutes from this
meeting are provided as Exhibit D.
Following the HPC meeting, the Applicant and Staff discussed options related to review
of the cabin. The Applicant revised the site plan, and determined that moving the cabin
to a different location on the site was not viable, and therefore decided to move forward
with the current Planning and Zoning Commission Review.
Site Desi!!:n for Lot 1
The Applicant has worked with Staff to further refine the proposed site plan. The
Applicant made some changes to the modulation of the Affordable Housing units in
response to Staff comments. Staff requested the Applicant enlarge windows located on
the side elevations of the three (3) buildings. This is a detail that can be finalized during
Page 3 of7
ExhibitJ,
Smuggler Racquet Club Conceptual PUD
the Final PUD approval. Staff previously expressed a concern regarding the relation of
the new buildings to the historic cabin. The Planning and Zoning Commission discussed
the location of the cabin at their March 6th meeting, and requested the applicant examine
its location. Based on the discussions with Staff and the HPC, the Applicant has
proposed a revised site plan that maintains the cabin's existing location. Rather than
framing the cabin's location by surrounding it with structures, the Applicant has
proposed using landscaping to help provide a prominent location for the cabin. This
creates an opportunity for a tot lot, or some other form of landscaped amenity for the
development. Staff has requested a detailed landscaping plan be submitted as part of the
Final PUD application to ensure the cabin is appropriately framed. Staff is supportive of
this direction and recommends approval of the proposed site plan.
Staff also expressed concerns related to the paved entrances to the different Affordable
Housing buildings, stating that the walkways could be consolidated. Staff maintains its
concern with these paths, but agrees with the Applicant that this is an issue that can be
addressed as part of the detailed landscaping plan submitted with the Final PUD
application.
Miscellaneous Comments:
Staff continues to have concerns related to the design of the racquet club redevelopment, and prefers
the original racquet club design (see pages 27 - 34 in the original application packet) because of its
unique architecture. While the development on Lot 1 should fit in with the architectural vernacular of
the surrounding area, the racquet club has the opportunity to be different in style while still reflecting
the use and required size of the building. Staff feels the original design is more suited for this scale of
development and that with the new design the building is trying to look smaller than it actually is or
that is can be given its use.
Revised Dimensional Tables:
The fathering parcel is in the general shape of a square. There is a notch along the Western boarder of
the lot. Additionally, the lot is not directly adjacent to Park Circle. The intervening parcels are owned
by Sam Brown (Centennial) and the City (parking for Smuggler).
Page 4 00
Exhibit J,
Smu ler Rac uet Club Conceptual PUD
1 Studio unit (the existing cabin)
13 I-bedroom units at 500 sq. ft.
8 2-bedroom units at 1,000 sq. ft.
6 3-bedroom units at 1,500 s . ft.
Maximum allowable density
(determined by fathering parcel)
500 sq. ft. for I-bedroom
units; 1,000 sq. ft. for 2-
bedroom units; 1,500 sq. ft.
for 3-bedroom units
Determined through PUD
In order to access Lot 1, an easement over one of the intervening parcels is required. The Applicant
proposes this easement over the City owned parcel. The exact access point will be determined as part
of the Final PUD approval.
Proposed Program
5 outdoor racquetball courts
2 indoor racquetball courts
Page 5 00
Smu
I Affordable Housing unit
None listed for non-
residential uses on a lot.
External floor area ratio
16,283 sq. ft.
Residential Uses are the same
as R-15:
Lot size greater than 50,000
sq. ft.: for a Single Family
Residence, 6,600 sq. ft. of
floor area, plus 2 sq. ft. of
floor area for each additional
100 sq, ft, in lot area;
for a Duplex or Two
Detached Dwellings, 7,020
sq. ft. of floor area, plus 3 sq.
ft. of floor area for each
additional 100 sq. ft. in lot
area
The zero (0) foot setback on the Western portion of the site is a result of the notch in the property
(outlined in red on the first page of Exhibit D). This notch, and the zero foot setback, extend for
twenty (20) feet. All other areas include setbacks exceeding code minimums for the RR zone district.
The Applicant proposes a PUD overlay on Lot 2 because of the zero (0) foot setback. The Applicant is
currently working with that property owner to determine if the piece of land can be purchased. Staff
recommends approval of the proposal with the zero (0) foot setback at this time, and anticipates this
issue to be fully resolved at the time of Final PUD approval.
Page 6 of7
ExhibitJ,
Smuggler Racquet Club Conceptual PUD
RECOMMENDATION:
Staff recommends the application receive Conceptual PUD approval. Staff feels the parking changes
made to the plan address concerns raised by the Planning and Zoning Commission, and that the design
changes to Lot 1 address Staff concerns. Staff is also supportive of addressing the framing of the cabin
and the consolidation and landscaping internal sidewalks as part of the detailed landscaping plan in the
Final PUD Application.
Staff recommends the Commission approve Ordinance _, Series of 2007, approving a conceptual
PUD on the Smuggler Racquet Club property.
RECOMMENDED MOTION:
"I move to adopt Oridnance No. _, Series of 2007, approving the Smuggler Racquet Club Conceptual
PUD."
ATTACHMENTS:
EXHIBIT A - PUD Review Criteria and Staff Findings
EXHIBIT B - Revised Plans
EXHIBIT C - Letter from Sunny Vann. Dated March 22, 2007
EXHIBIT D - HPC Minutes from March 14, 2007
Page 70f7
Exhibit K,
Smuggler Racquet Club Conceptual PUD
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING WITH CONDITIONS THE APPROVAL OF THE
SMUGGLER RACQUET CLUB CONCEPTUAL PUD AT 1000 MATCHLESS
DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-02204
Resolution #32-06
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Vann Associates, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on March 6th, 2007, the Planning
and Zoning Commission opened and continued the public hearing to April 3'd, 2006; and
WHEREAS, during a duly noticed public hearing on April 3'd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of 2006, by a five to zero (5-
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions ofthe Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission 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 Community
Development Director, the applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Planning and Zoning Commission fmds 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 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:
Page 1 of6
Exhibit K,
Smuggler Racquet Club Conceptual PUD
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen Planning and Zoning Commission hereby recommends the
Aspen City Council approve a Conceptual PUD for the development of affordable
housing and the redevelopment of the Smuggler Racquet Club at 1000 Matchless Drive,
City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements, and a preliminary Construction
Management Plan for review. The Applicant shall also work with the Engineering
Department and the Community Development Engineer to determine the best access off
of Park Circle. This location shall be reflected in plans submitted with the Final PUD
Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution 1, Series 2007, concurrently with
their consideration of the Final PUD approval. The cabin is subject to regulations in
Section 26.415 of the Land Use Code.
Section 4: Landscapinl!:
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location of the tree protection will be required for the bldg permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part ofthe Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles ofthe ROW
(amending the current soils to improve air, water filtration and increase longevity of the
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Page 2 of6
Exhibit K,
Smuggler Racquet Club Conceptual PUD
Section 5: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) ofthe Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water connection with individual metering for each unit
and for each common use.
An 8-inch looped connection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned
reserve capacity ofthe existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Page 3 of6
Exhibit K,
Smuggler Racquet Club Conceptual PUD
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion ofthe public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Drainae:e
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smue:e:ler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said testing protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
I) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
2) The owner and general contractor of any development on Lots I and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
Page 4 of6
Exhibit K,
Smuggler Racquet Club Conceptual PUD
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Section 10: Affordable Housine:
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Twenty-eight (28) units shall be provided for the Lodge at
Aspen Mountain mitigation on Lot 1. One (I) Affordable Housing unit shall be provided
as part of the Smuggler Racquet Club redevelopment on Lot 2.
Affordable Housing units on Lot I shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
The twenty-eight (28) units will be broken into one (I) studio unit, thirteen (13) one-
bedroom units, eight (8) two-bedroom units, and six (6) three-bedroom units. The
categories shall be determined in cooperation with APCHA.
Section 11: Parkine: and Transit
The Final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot 1. To the
extent the access easement providing access to Lot I from Park Circle eliminates
Smuggler Trail Head parking, the Final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The Final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by Special Review at Final PUD
approval, and at a minimum shall include thirty-eight (38) parking spaces for the Racquet
Club parcel on Lot 2 and forty-four (44) spaces for the Affordable Housing units on Lot
1.
Section 12:
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 13:
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
Page 5 of6
Exhibit K,
Smuggler Racquet Club Conceptual PUD
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 14:
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 3rd
day of April, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Ruth Kruger, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
F:\Smuggler Racquet Club\P&Z\SmugglerPZ Reso_03 06 07.doc
Page 60f6
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Aspen Plannin!!: & Zonin!!: Commission Meetin!!: Minutes - March 06. 2007
Ruth Kruger opened the regular meeting of the Aspen Planning Commission in
Sister Cities Meeting Room at 4:30pm. Dylan Johns was excused from the first
and third items on the agenda; Brian Speck was excused. LJ Erspamer, David
Guthrie, Elizabeth Atkins, Steve Skadron, John Rowland and Ruth Kruger were
present. Staff in attendance: Jim True, Special Counsel; Joyce Allgaier and Jessica
Garrow, Community Development; Jackie Lothian, Deputy City Clerk.
COMMENTS
Ruth Kruger welcomed the new members and Jim True as Special Counsel.
DECLARATIONS OF CONFLICTS OF INTEREST
Dylan Johns was conflicted on Smuggler Racquet Club and Cooper Street Pier
Redevelopment.
MINUTES
MOTION: Liz Atkins moved to approve the minutes from February 6th and 20'h;
seconded by Steve Skadron. APPROVED. David Guthrie and LJ Erspamer abstained.
Public Hearing:
Continued Public Hearing:
SMUGGLERRACOUET CLUB CONCEPTUAL PUD
Ruth Kruger opened the public hearing for the Smuggler Racquet Club Conceptual
PUD. Jessica Garrow said the applicant was Aspen Land Fund II, LLC
represented by John Sarpa, Sunny Vann and Kim Weil. John Moore of the
Smuggler Racquet Club was also present.
Garrow stated this was a detailed proposal and a complicated site; there was a site
visit earlier. Garrow said that there was county zoning ofRIS on this property; it
was annexed into the city in the 1950s with the Hughes addition but never rezoned
to city zoning. There were approximately 4.6 acres, including the cabin near Park
Circle and the Racquet Club off of Matchless Drive; the applicant submitted the
proposal in July 2006 proposing subdivision to develop affordable housing
mitigation for the Lodge at Aspen Mountain on the top part of the parcel and
redevelop the Racquet Club in the existing location. The applicant proposed to
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Aspen Plannine: & Zonine: Commission Meetine: Minutes - March 06. 2007
dedicate the cabin historic, which would be final at Council; the minutes from the
HPC Meeting were attached.
Garrow said the broader picture of this site was subdivision ofthe parcel into 3
lots; rezoning of Lot 1 to AH PUD, Rural Residential for the Racquet Club and
Historic Preservation for the cabin. A conditional use approval will be needed to
accommodate some of the uses on the racquet club site. There will be a Growth
Management Review for the Affordable housing and the Racquet Club site to
determine the employee generation. A Special Review will be need for parking on
both sites; Residential Design Standard Review for the Affordable Housing;
Commercial Design Review for the Club redevelopment and an administrative
determination to allow for the affordable housing unit on the racquet club parcel.
Garrow utilized a map (exhibit B) to delineate the lots with different colors. There
were 32 affordable housing units; 16 one bedroom units, 8 two bedrooms and 8
three bedroom units. There were 15 foot setbacks near building A, 10 foot
setbacks near building C and side setbacks of 5 feet. Garrow said there were 3S
parking spaces proposed for the affordable housing units with I space assigned to
each unit; special review was needed for parking because it was located outside the
Aspen Infill area so that the requirement was 56 spaces. Garrow said that staff felt
that the design could do a better job relating to the cabin through the use of
inflection and materials that differentiate the new development from the historic
resource; staff would like to see the site opened up. Staff also wanted to see the
circulation simplified to buildings A and C.
Garrow said that Lot 2 (Racquet Club) was 2.97 acres including 2 indoor racquet
courts, club facilities, an affordable housing unit for the manager and 5 outdoor
courts. The setbacks include 20 feet along the West portion; there was a notch (20'
by 50') owned by someone else (according to John Moore the racquet club will
purchase this piece); along Lot 1 there was a 2S foot setback. Garrow said that
there were 38 proposed parking spaces on Lot 2; 2 for the affordable housing unit
and the rest for the club. Garrow said staff would like the building broken up
more. Staff recommended approval of the conceptual.
Ruth Kruger asked how we got from the first application design. Garrow replied
that was part of the first conversations staff had with the applicant dealing with the
way that the housing addressed the street, staff wanted a more pedestrian friendly
design. Staff will address the sidewalk and an additional bus stop.
Sunny Vann said the problem arises from the residential design standards; when
this project was originally designed there was approval in the county for the type
of units in the first plan; the property does not abut the street and was not on a high
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Aspen Plannine: & Zonine: Commission Meetioe: Minutes - March 06. 2007
pedestrian comer and the primary views were toward Aspen Mountain. Vann said
that staff asked to meet with the applicant regarding the first design and the new
design included the majority of units that abut the street. Vann said the historic
preservation officer wanted the cabin preserved.
John Sarpa introduced John Moore, Kim Weil and Sunny Vann. Sarpa said they
evolved to the current plan for staff support. Sarpa said that ALF approached John
Moore to purchase part ofthe land for the Lodge at Aspen Mountain housing
mitigation. Sarpa noted they were in a partnership with Smuggler Racquet Club.
Sarpa said that this was an extension of Smuggler Mine and the cabin drives a lot;
HPC review was first and designated that the cabin historic.
Sarpa said there was an old mine shaft located on the site; they hired HP Geotech
and will stay away from the shaft with buildings. Weil said that HP recommended
50 feet away with all but one building. Vann stated that it was not an open mine
but there were boulders pushed into it with top soil on the top during the superfund
reclamation; they were told that they could drive over it. Sarpa noted they also
have hired Tom Dunlop who was knowledgeable about the site.
John Moore said the courts building was sunk down 10 feet to comply with the
height requirements. Bill Lipsey, architect, said with the 2 indoor tennis courts the
building starts out at 120 feet by 120 feet with the clubhouse and affordable unit it
came out with a simple gable structure to accommodate the uses. Lipsey said the I
story structures were subordinate to the big structure; one side had the clubhouse
and the other an affordable housing unit.
Weil stated with the influences of the cabin and the mine there were no places to
have any more street presence for the affordable housing; there was simple design
for the buildings. Weil said there were balconies, porches and the common
element of the rusty metal roofs like the tennis building. Weil said the cabin would
stand on its own and the architecture ofthe affordable units would be their own
architecture.
John Rowland said that he like the playfulness of the balconies. Weil replied that
the balconies move at different elevations.
Liz Atkins asked why staff wanted the street presence on the uphill side when the
view was that way. Garrow replied that staff was taking a long term view of
development in this area of town and the entrances were still off of the parking
area; there was a street presence.
4
exhibit L
Aspen Plan nine: & Zonine: Commission Meetine: Minutes - March 06. 2007
David Guthrie asked if the slope reduction was based upon the old topo or the new
topo. Sarpa said they were using the most current survey information and they
have reviewed it with staff. Weil said that there was a field topo from Sopris
Engineering in the packet. Vann said there was far more land area to
accommodate the density than was needed. Guthrie voiced concern for the
placement of the new bus stop and the decision would be at final. Guthrie said
there was parking heading in on Matchless. Weil responded there was a grade
change and a bit of a berm. Vann said there was a landscaping plan and at final
there would be a comprehensive landscape plan submitted and reviewed with
parks. Guthrie said that parking was a huge concern in this area. Atkins said that
she had issues with parking.
Steve Skadron asked why so much was happening at final in this case. Garrow
replied part of it was the unique circumstances of the lot without zoning; the
proposed zoning requires conditional uses. Skadron voiced concern for the bus
stop also. Skadron asked the applicant's responsibility with the racquet club was.
Sarpa replied that they approached the Smuggler Racquet Club to purchase part of
the parcel for the mitigation for the Lodge at Aspen Mountain. Skadron asked who
the Smuggler Racquet Club was. Moore replied it was 10S members with an
equity club that you buy into with annual dues; it was a non-profit SOIC7. Moore
said it was laid back and the membership was limited; there were some social
functions, brunches and pot luck dinners. Skadron asked how busy the club was.
Moore said that the nets would be up in May and weather permitting people would
book the courts. Skadron asked why this application came in as one rather than
two separate applications. Garrow replied that it was one parcel. Vann said that
they originally thought that it was in the county; council likes to see the big picture
to see how everything works together and not parts of the puzzle. Vann said the
projects were sufficiently interrelated that it made sense to process as one
application.
John Rowland asked for a summary of the HPC process. Garrow responded that
the historic maps were reviewed by the historic preservation officer who
determined the materials used on the cabin were historic as part of the old
Smuggler mine used as an as sayers office. Sarpa said the cabin has to be
disassembled, a foundation built and reassembled; HPC said that it had to go back
in the place exactly where the cabin sits now.
Liz Atkins asked if the outdoor tennis courts had lights and if they anticipated
using the indoor courts at night. Moore replied there were no lights for the outdoor
courts and do not anticipate any lights; conceivably the indoor courts will be used
at night, they can put a limit on but he did not think there would be any activity
after IOpm.
5
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Aspen Plannine: & Zoninl! Commission Meetine: Minutes - March 06. 2007
LJ Erspamer asked if this was a 100% affordable housing project. Vann and Sarpa
replied 100% with no free market component on this site. Erspamer agreed that
this was a pedestrian area; he asked who would be involved in placing sidewalks.
Vann replied that they would cooperate with staff and engineering on sidewalks,
street lights and a RFTA bus stop. Erspamer asked where the snow storage would
be located. Vann replied that the final PUD would have designated snow storage
areas. Erspamer asked if they were aware of the traffic count on the Spruce and
Park comer. Vann said that Park Circle was adequate to carry the number of cars
and engineering did not require anything from this applicant. Erspamer asked
where they will park because SO% of the parking on Race Street was taken away.
Liz Atkins asked why they needed 38 parking spaces for 7 tennis courts. Moore
answered they have 8 or 9 functions a year and a tournament in the summer; they
will use those parking spaces.
Ruth Kruger asked what the categories were and ifthe affordable housing units
were for sale or rental units. Vann replied they were all for sale units and the exact
categories would be in accordance with APCHA prior to final approval. Kruger
asked how many spaces would be eliminated on Park Circle. Vann responded
none would be taken away as part of this project.
Public Comments:
Vince Galluccio, public submitted a letter and drawings into the record. Galluccio
asked the commission to look at the plan and said that the cabin could be moved.
John Rowland stated that he was perplexed with the cabin not being moved. This
was a great piece of property for employee housing.
Atkins said that she was concerned about the views; there were great views from
that parcel and the parking should not separate the views.
Kruger stated there were guidelines and regulations.
David Guthrie said that the Park Circle should not be an artery to Smuggler; there
was the whole point of design guidelines that this was part of the community.
Guthrie asked if they need to make findings and objective standards for projects.
Kruger said this was a great location for more affordable housing in town. Kruger
voiced concern for the project being under-parked; she said that parking should be
addressed at conceptual and that parking for this project should be more than 3S
6
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Aspen Plannine: & Zonine: Commission Meetine: Minutes - March 06. 2007
spaces. The commissioners supported more parking on the site. Skadron was not
as concerned about the parking.
The commission supported requesting HPC take another look at the placement of
the cabin.
MOTION: Elizabeth Atkins moved to continue the hearingfor the Smuggler
Racquet Club to April3rd; seconded by LJ Erspamer. All infavor. APPROVED.
PUBLIC HEARING:
Meeting adjourned at 7:04 p.m.
ckie Lothian, Deputy City Clerk
7
&/hDttJ\._."
ASPEN PLANNING & ZONING MEETING MINUTES - APRIL 3. 2007
Ruth Kruger opened the regular Planning and Zoning in the Sister Cities at 4:40
with LJ Erspamer, Brian Speck, John Rowland, and David Guthrie present. Dylan
Johns and Steve Skadron were excused. Jim True, Special Counsel and staff in
attendance were: Joyce Allgaier, Jessica Garrow, Community Development and
Jackie Lothian, Deputy City Clerk.
COMMENTS
Brian Speck said that the Council meeting last night was disturbing because of
Torre's comments about the meeting room full of just people from the trade and
not representative of the community. Speck took exception to that remark and said
that everyone was in some trade.
Joyce Allgaier provided the updated schedule for the Code Amendments to
Council. Ruth Kruger stated that the P&Z Commissioners would meet as often as
necessary to get things into a position where the Council can act in the time frame
so that the business can get done.
CONTINUED PUBLIC HEARING (3/6/7):
SMUGGLER RACQUET CLUB CONCEPTUAL PUD
Ruth Kruger opened the continued public hearing for the Smuggler Racquet Club.
Jessica Garrow stated there were a few changes form the March 6th meeting and an
update from HPC regarding the cabin location.
Garrow said the site plan changed on the lot closest to Park Circle where the
affordable housing will be developed and the number of units has been decreased
and the number of parking spaces was increased. There were 44 spaces proposed
spaces on site with spaces #31 - 44 as double stall spaces (stacked parking) and the
land use code counts those spaces as I instead of2. The Applicant proposed
assigning parking spaces to individual units. This would be done in Special
Review during the final review. Kim Weil, architect, said that because I space was
handicap there were actually 43 spaces on site counting the double loaded spaces
as one each.
Garrow said that HPC was willing to look at the cabin with a more significant site
plan and landscaping plan that framed the cabin, which would help reduce the
prominence of the cabin.
Garrow stated that there was a change to the resolution in Section 2 the 3rd line
down that a required detailed curb and gutter plan but staff did not feel that this lot
was adjacent to Park Circle and this lot would be addressed in the Development
Review Committee.
2
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ASPEN PLANNING & ZONING MEETING MINUTES - APRIL 3. 2007
John Sarpa, applicant, said there Racquet Club members present. Sarpa said the
building evolved from the first. Kim Weil, architect, utilized a site plan and
renderings of the club to show where the affordable housing would be set back
and where the Racquet Club was located. Weil said this tennis club was a non-
profit and their big events every year were pot lucks; the Racquet Club Members
were cost conscious about the redevelopment of the club. Weil said the club
architecture kept with the mining heritage. Weil provided a 3-dimensional
drawing showing the club, tennis courts and housing unit; the architecture used
rusted metal.
LJ Erspamer asked the height on the club building. Weil replied 28 feet and 33 to
the ridge; they were going down 10 to 12 feet.
John Rowland asked ifthe design intent was zero eaves. Weil responded yes,
minimal.
David Guthrie asked if the glazing was glass. Weil answered it would be some
type of product to cut down on the glare.
No public comments on the Racquet Club portion.
John Sarpa stated they dropped affordable housing units to accommodate more
parking spaces. Kruger asked how many units were in the new plan. Weil replied
48 bedrooms including the cabin. Sarpa said that they would go to APCHA with
the new plan.
Weil said they added inflection to building A, which resulted in the unit count
going down; there was a story dropped from the middle of the building.
Garrow stated that staff requested enlarging the windows in the bedrooms once
they get to final to provide more light into the bedrooms. Sarpa said that the
windows were kept high because they were bedrooms.
Erspamer asked ifthere would be guest parking. Weil said there would be no more
than 2 spaces assigned per unit so there would be parking available.
Guthrie asked about the landscaping for the parking. Weil said this was conceptual
and they have not modified the landscaping yet but they will.
John Rowland asked if there was historical significance to the fence that goes
around the cabin. Kruger said that when they were on site it was pointed out that
3
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ASPEN PLANNING & WNING MEETING MINUTES - APRIL 3. 2007
the cabin was the only historic portion of the site excluding the piece that was
added onto the cabin.
No public comments on the affordable housing portion.
The commissioners supported the conceptual application. Joyce Allgaier asked if
there would be covenants for the use of parking. Sarpa responded that would be
covered with the covenants.
MOTION: Brian Speck moved to approve Resolution #32, series of 2007,
recommending the City Council approve the Smuggler Racquet Club Conceptual
PUD with parking addressed in the covenants and the amendment to Section 2;
seconded by John Rowland. Roll call: Erspamer. yes; Guthrie, yes; Speck, yes;
Rowland, yes; Kruger, yes; APPROVED 5-0.
PUBLIC HEARING
1001 UTE AVENUE 8040 GREENLINE REVIEW. RESIDENTIAL DESIGN
STANDARDS VARIANCE and PUD AMENDMENT
Ruth Kruger opened the public hearing for 1001 Ute Avenue. Jessica Garrow
provided the notice to Jim True. Jessica Garrow provided a revised Resolution
with the additions in green and deletion in red.
Garrow explained the required reviews were Residential Design Standards for
secondary mass; 8040 Greenline and 2 PUD amendments.
Garrow said the 8040 Greenline Review was required for any development
proposed within 100 feet of the 8040 elevation. This was for rock fall dangers and
avalanche dangers that have been appropriately addressed and there were enough
utilities to service any development that goes on these properties and the design of
the buildings blend in with the mountain character recognizing that these buildings
will be visible to lower elevations as well as various mountains around town. Staff
and the referral city agencies have reviewed this 8040 application to make sure
those toxic soils, rock fall and avalanche dangers have been dealt with. The
referral agencies and staff felt that all the criteria have been met with the exception
of one. Garrow said that staff felt Criteria #7 has not been met, which was located
in Exhibit B in the packet. Garrow said that when this development went through
the original PUD in August oflast year with council some massing controls were
put into place to ensure the mass was minimized and the applicant has limited the
width and height of the structures. There were two single family free-market
residences proposed on Lots I and 2, which were limited to S,040 square feet in the
original PUD. Garrow said that secondary mass has not been met and that does not
4
He.
MEMORANDUM
TO:
Mayor and City Council
Ben Gagnon, Special Projects Planner ~
Chris Bendon, Director Community Development ClAm
FROM:
THRU:
DATE OF MEMO:
May 25, 2007
MEETING DATE:
May 29, 2007
First Reading of Ordinance No. .1.0
RE:
REQUEST OF COUNCIL: Consider extending the 2nd moratorium, due to expire on
June 12.
BACKGROUND: Ordinance No. 19, Series of 2006, established a temporary
moratorium on land use applications in commercial zone districts and was adopted April
25,2006. It is due to expire on May 31, 2007, and is informally known as Moratorium
No.1.
Ordinance No. 51, Series of 2006, established a temporary moratorium on the issuance of
building permits in the Commercial Core Zone District, and was adopted on December
12,2006. This 2nd moratorium is due to expire on June 12,2007, and is informally known
as Moratorium No.2. Under Moratorium No.2, staff has worked with the consulting
team on potential code amendments with regard to the historic designation of interior
elements, and with regard to the possible regulation of the mix of commercial uses.
DISCUSSION: Due to the remaining work necessary under Moratorium No.1, there will
not be enough time for the current Mayor and Council to consider potential code
amendments related to Moratorium No.2 before it is due to expire. Also, the new Mayor
and Council are scheduled to take office on June II, which does not provide enough time
for the new Mayor and Council to consider potential code amendments related to
Moratorium No.2 before it is due to expire.
In addition, staff has found that Moratorium No.2 may be resulting in unforeseen
impacts that are contrary to the spirit and intent of Moratorium No.2. Staff may bring an
additional amendment to the City Council at 2nd Reading of the attached Ordinance No.
_ for Council's consideration to provide additional flexibility that will meet the spirit
and intent of Moratorium No.2. This additional amendment would allow for the
expansion of existing uses into adjacent commercial spaces that have been vacated since
December 12, 2006.
Staff is prosing this ordinance be adopted as an "emergency" ordinance so that it will
become effective immediately upon passage (as opposed to a 30-day delay period). In
this way, there will not be a "gap" between expiration of the current moratorium and the
effect of the extension. Adoption of an emergency ordinance does not require a public
hearing, although staff will place this item on the public hearing portion the May 29th
agenda.
RECOMMENDED ACTION: Staff recommends that Council extend Moratorium No.
2 to December 12,2007.
AL TERNA TIVES: If Council does not want to approve staff s recommendation,
Moratorium No. 2 will expire almost simultaneously with the swearing in ~f the new
Mayor and Council. If the Council extends Moratorium No.2, there will be time for staff
to meet with the new Mayor and Council to obtain direction regarding the issues
identified in Moratorium No.2.
PROPOSED MOTION: "I move to approve Ordinance No.& Series of 2007
"
CITY MANAGER COMMENTS:
ORDINANCE NO.2.f
(Series of 2007)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM
ADOPTED PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AND AS
AMEDED PURSUANT TO ORDINANCE NO.2, SERIES OF 2007.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created,
established, organized and existing municipal corporation under the provisions of Article
XX of the Constitution of the State of Colorado and the home rule charter of the City (the
"Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact
emergency ordinances for the preservation of public property, health, peace, or safety upon
the unanimous vote of City Council members present or upon a vote of four (4) Council
members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits
in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its
Home Rule Constitutional authority and the Local Government Land Use Control Enabling
Act of 1974, as amended, SS29-20-101, et seq. c.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary
moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to
Ordinance Number 2, Series of2007; and,
WHEREAS, Section 7 of Ordinance Number 51, Series of 2006, allows for the
termination date of the moratorium to be extended by City Council through the adoption of
an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the
moratorium, specifically that recent land use applications seeking Development Orders in
various City Zone Districts do not appear to be consistent with the goals and vision as
expressed by the 2000 Aspen Area Community Plan and are having the following negative
effects upon the community:
. Recent development activity indicates potential negative impacts on the
preservation of the unique historic character of certain structures, including
their interiors and current uses;
. Recent development activity indicates potential negative impacts on the
aesthetic beauty of the City of Aspen, its historic and community character
and the unique character of the uses of buildings and structures within the
commercial core of the City of Aspen; and,
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to review all existing land use codes and
regulations as they affect land use development in certain Zone Districts within the City of
Aspen to ensure that all land use development proceeds in a manner that is consistent with
the Aspen Area Community Plan; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to conduct a thorough analysis and assessment
of the Land Use Code and regulations affecting the development of land within certain Zone
Districts of the City of Aspen with particular attention to the preservation of historic interior
elements, and with particular attention to a diverse, healthy and vibrant mix of commercial
uses; and
WHEREAS, the City Council and the Community Development Department
require an additional period of time in which to investigate methods and procedures to
insure the preservation of historic interior elements, and to insure a diverse, healthy and
vibrant mix of commercial uses; and,
WHEREAS, the City Council has determined that it is necessary to declare an
emergency for the preservation of public property, health, peace, and safety with the
extension of the termination date of a moratorium; and,
WHEREAS, an extension of the moratorium termination date will enable a
reasoned discussion of the desired character and rate of development and redevelopment and
consideration of amendments to the Land Use Code without creating a rush of development
applications and the related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1- Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of2007, is hereby extended to terminate on December 12,2007.
Section 2 - Chanees to Moratorium:
Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series
of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be
construed to alter the substantive content of Ordinances 51 and 2, except as follows:
. The termination date shall be extended as described in Section I, above.
Section 3 - Emere:encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a
need for the immediate preservation of the health, safety, peace, and welfare of the City of
Aspen, its residents, and guests; and, this temporary moratorium provides the time necessary
to prepare a review of all current land use and building code regulations and for the City
Council and staff of the City of Aspen to consider amendments, if any are required, to the
Land Use Code or Building Code of the Aspen Municipal Code. .
Section 4 - Effective Date.
This Ordinance shall become effective immediately upon passage.
Section 5 - Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as
practical and no later than ten (10) days following final passage.
Section 6:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on this ordinance shall be held on the 11th day of June, 2007, at a meeting
of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado.
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City
Council of the City of Aspen on the 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
,2007, by
o the unanimous vote of all City Council members present; or
o a vote of four (4) council members.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
WI a..
MEMORANDUM
Mayor and City Council
Sara Adams, Preservation Planne~
Chris Bendon, Community Development Director C>>\NJ
May 17,2007
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
May 29, 2007
RE:
500 West Francis- Subdivision Exemption/Historic Landmark Lot
Split, Second Reading of Ordinance # 19, Series of 2007
REQUEST OF COUNCIL: City Council is asked to grant a historic landmark lot split for a
9,000 square foot historic property located at 500 West Francis Street. The property owner
requests the following division: a 6,000 square foot lot (Lot 2) containing the historic Victorian
and the historic Carriage House, and a vacant 3,000 square foot lot (Lot I).
BACKGROUND: 500 West Francis is
located in the R -6 zone district and
contains two historic structures that are
listed on the Aspen Inventory of Historic
Sites and Structures. The Historic
Preservation Commission (HPC) granted
a 500 square foot FAR Bonus to the
fathering parcel, with the intent that it be
allocated entirely to the newly created
3,000 square foot vacant lot. HPC found
that granting an FAR Bonus, in this
instance, is an appropriate preservation
method- primarily because it removes any
future development potential from the
historic resources. The HPC also took into account that over the past year the owners of 500
West Francis have undertaken extensive rehabilitation of the historic resource.
Pagelof5
DISCUSSION: The applicant does not propose any development at this time. The FAR
allocation proposed is as follows:
Fathering Parcel Lot 1 Lot 2
Lot Size 9,000 sq. ft. 3,000 sq. ft. 6,000 sq. ft.
Allowable FAR, as 4,080 sq. ft. (for 2 1,093 sq. ft. 2,987 sq. ft.
requested by detached dwellings)
applicant
FAR Bonus 500 sq. ft. 500 sq. ft. o sq. ft.
allocation-
GRANTED BY HPC
Unused FAR after N/A 1,593 sq. ft. o sq. ft.
Lot SDlit
HISTORIC LANDMARK LOT SPLIT
In order to complete a Historic Landmark Lot Split, the applicant shall meet the following
requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section
26.415.110(A)
26.480.030(A)(2). SUBDIVISION EXEMPTIONS. LOT SPLIT
The split of a lot for the purpose of the development of one detached single-family dwelling on a
lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board
of County Commissioners or the City Council, or the land is described as a metes
and bounds parcel which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969. This restriction shall not
apply to properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures; and
Staff Finding:
The property is part of the original Aspen townsite, is not located in a subdivision approved by
the City or the County. The property is not located within a previously approved subdivision,
and the merged lots predate the City's adoption of subdivision regulation.
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section 26.470.070 (B).
Page 2 of5
Staff Finding:
The applicant proposes to create two lots with this lot split. Both lots conform to the
requirements of lot size and lot area per dwelling unit for and Historic Landmark Properties in
the R-6 (Medium Density Residential) Zone District. This proposal will create one 3,000 square
foot lot and one 6,000 square foot lot, which meets the 3,000 square foot minimum size
requirement for a Historic Landmark Lot Split.
Pursuant to Section 26.420.020 (B)(6)(e) of the Land Use Code, Historic Landmark Lot Split
properties are not required to provide affordable housing mitigation.
c) The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.470.040(C)(I)(a); and
Staff Finding:
The land has not received a subdivision exemption or lot split exemption.
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding:
The subdivision plat shall be a condition of approval. It must be reviewed by the Community
Development Department for approval and recordation within 180 days of final land use action.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in
the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be requiredfor a showing of good cause.
Staff Finding:
The subdivision exemption agreement shall be a condition of approval.
j) In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application for a
lot split.
Staff Finding:
The two historic resources are located on proposed Lot 2, the 6,000 square foot lot, and do not
require demolition. .
Page3 of 5
g) Maximum potential buildout for the two (2) parcels created by a lot split shall not
exceed three (3) units, which may be composed of a duplex and a single-family
home.
Staff Finding:
Lot 2 contains the two detached historic residences and will not have any available unbuilt FAR
for improvements. Lot I, the vacant lot, is permitted by underlying zoning to develop one single
family home. This criterion is met.
26.480.030(A)(4), SUBDIVISION EXEMPTIONS. HISTORIC LANDMARK LOT SPLIT
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures
for the development of one new single-family dwelling may receive a subdivision exemption if it
meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square
feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone district.
Staff Finding:
The subject parcel is 9,000 square feet of land and is located in the R-6, Medium Density
Residential, Zone District.
b. The total FAR for both residences shall be established by the size of
the parcel and the zone district where the property is located. The total FAR for each lot
shall be noted on the Subdivision Exemption Plat.
Staff Finding:
Both properties will be limited to residential uses permitted or conditional, as zoned in the R-6
zone district. The total FAR for the fathering parcel is 4,080 square feet, as determined by the R-
6 zone requirements for a 9,000 square foot lot with two detached dwellings. The HPC granted
the 500 square foot FAR Bonus to the fathering parcel, and intends to allocate the entire Bonus to
the vacant lot- this will remove all unbuilt development rights from the historic resources.
The FAR allocation proposed is: Lot 1 = 1,593 sq. ft. (this includes the 500 square foot Bonus)
and Lot 2= 2,987 sq. ft.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(I)(a),(b), and (c)
are only permitted on the parcels that will contain a historic structure. The FAR bonus
will be added to the maximum FAR allowed on the original parcel.
Staff Finding: The applicant does not propose development at this time. As stated in criterion b
above, the applicant is requesting the 500 square foot FAR Bonus to be wholly allocated to the
vacant lot.
Page 4 of5
Existing nonconformities on the property require setback variances and encroachment license
prior to recordation of the plat. The historic Carriage House encroaches on the alley and the
public Right of Way along North Fourth Street. HPC granted a 0 foot setback for both the east
side yard setback and the rear yard setback for existing historic conditions. The property owners
still need to acquire an encroachment license, which is included as a condition of approval.
RECOMMENDED ACTION: Staff and HPC recommend that Council approve Ordinance #
19, Series of 2007, the request for a Historic Landmark Lot Split at 500 West Francis Street on
Second Reading.
PROPOSED MOTION: "I move to adopt Ordinance # 19, Series of 2007, upon Second
Reading. "
CITY MANAGER COMMENTS:
ATTACHMENTS: Ordinance #19, Series of2007
A- HPC Resolution #14, Series of 2007
II III _ ......_.w uv.....r ' .1.
C- Application
Page 5 of5
ORDINANCE NO. 19
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT
500 W. FRANCIS STREET, LOTS Q, R, AND S, BLOCK 27 CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID #:2735-124-10-007.
WHEREAS, the applicants, Gell-Mann Murdock Partners, LLP, represented by Rick
Knezevich and Anne Marie McPhee of Oates, Knezevich & Gardenswartz, P.C., have
requested a Historic Landmark Lot Split for the property located at 500 West Francis
Street, Lots Q, R and S, Block 27, City and Townsite of Aspen, Colorado; and
. WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet
the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4),
Section 26.470.070(C), and Section 26.415.010(D.), which are as follows:
26.480.030(A)(2), Subdivision Exemptions, Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after
the adoption of subdivision regulations by the City of Aspen on March 24,
1969. This restriction shall not apply to properties listed on the Aspen
Inventory of Historic Landmark Sites and Structures.
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.470.070(B).
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a
"lot split" exemption pursuant to Section 26.470.040 (C)(I)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of the
Pitkin County Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid an reconsideration
of the plat by the City Council will be required for a showing of good cause.
f. In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single family home.
26.480.030(A)(4), Subdivision Exemutions. Historic Landmark Lot Sulit
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone
district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
In the Mixed Use zone district, the following shall apply to the calculation of
maximum floor area for lots created through the historic landmark lot split. Note
that the total FAR shall not be stated on the Subdivision Exemption Plat because the
floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.120(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a
historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.070(C), GMOS Exemption, Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the development ceilings; and
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and,
WHEREAS, during a duly noticed public hearing on April 11,2007, the Historic
Preservation Commission recommended, by a 5 to 0 vote, that City Council approve a
Historic Landmark Lot Split at 500 West Francis Street; and,
WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, of the
Municipal Code, the City Council may approve a Historic Landmark Lot Split
Subdivision Exemption during a duly noticed public hearing after taking and considering
comments from the general public and recommendations from the Historic Preservation
Commission (hereinafter HPC) and Community Development Director; and
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section
26.415.110(A) of the Municipal Code, and subject to those conditions of approval as
specified herein, the City Council finds as follows in regard to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and efficient development of the City; ensure the proper distribution
of development; encourage the well-planned subdivision of land by establishing
standards for the design of a subdivision; improve land records and survey
monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; acquire and ensure the maintenance of public open spaces and parks,
provide procedures so that development encourages the preservation of important
and unique natural or scenic features, including but not limited to mature trees or
indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of
rivers and other bodies of water, and, promote the health, safety and general
welfare of the residents of the City of Aspen.
Section 2
Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant
a Historic Landmark Lot Split Subdivision Exemption for 500 West Francis Street, Lots
Q, R, and S, Block 27, City and Townsite of Aspen, Colorado with the following
conditions:
I. A subdivision exemption plat and subdivision exemption agreement shall be
reviewed and approved by the Community Development Department and
recorded in the office of the Pitkin County Clerk and Recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the
plat invalid and reconsideration of the plat by City Council will be required for a
showing of good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the provisions of the Land Use Code in effect at the
time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the Mixed Use zone district,
except the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot 1 of 3,000 square
feet in size with 1,593 square feet of floor area, and a Lot 2 of 6,000
square feet in size with 2,987 square feet of floor area.
2. The applicant must attain within 15 days from the effective date of this ordinance
an encroachment license from the Engineering Department for the 19th century
barn structure that sits in the alley and east sideyard Right of Way.
3. GMQS exemption is granted for the Historic Landmark Lot Split.
4. The newly created lots are not required to mitigate for affordable housing, as per
Section 26.420.030.(B)(6)(e) of the Municipal Code.
5. The applicant must refer to the City Engineering Department for required
Sidewalk, Curb, and Gutter requirements appropriate to this site.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public hearing on the ordinance will be held on the 29th day of May 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23rd day of April, 2007.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ th day of
,2007.
Helen Kalin KIanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
&j#ff,Jf- A ·
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT, INCLUDING SUBDIVISION EXEMPTION AND
GMQS EXEMPTION, AND GRANTING APPROVAL FOR SETBACK
VARIANCES AND A 500 SQUARE FOOT FAR BONUS FOR THE PROPERTY
LOCATED AT 500 WEST FRANCIS LOTS Q, R, AND S, BLOCK 27, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 14 SERIES OF 2007
Parcel ID #:2735-124-10-007
WHEREAS, the applicants, Gell-Mann Murdock Partners, LLP, represented by Rick
Knezevich and Anne Marie McPhee of Oates, Knezevich & Gardenswartz, P.C., have
requested a Historic Landmark Lot Split and Variances for the property located at 500
West Francis Street, Lots Q, R and S, Block 27, City and Townsite of Aspen, Colorado.
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet
the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4),
Section 26.470.070(C), and Section 26.415.01O(D.), which are as follows:
26.480.030(A)(2), Subdivision Exemptions. Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.100.040(A)(I)(c).
c) The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or
a "lot split" exemption pursuant to Section 26.100.040(C)(I)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of
the Pitkin County clerk and recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additional units
be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to Chapter 26.100.
I
e) Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on
the part of the applicant to record the plat within one hundred eighty
(180) days following approval by the City Council shall render the plat
invalid and reconsideration of the plat by the City Council will be
required for a showing of good cause.
t) In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home; and
26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU (formerly
0) zone district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
In the Mixed Use (formerly Office) zone district, the following shall apply to the
calculation of maximum floor area for lots created through the historic landmark
lot split. Note that the total FAR shall not be stated on the Subdivision Exemption
Plat because the floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.120(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a
2
historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.070(C). GMQS Exemotion, Historic Landmark Lot Solit
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the development ceilings; and
26.415.010(0), Historic Landmark Lot Solit
A Historic Landmark Lot Split is a two step review, requiring a public hearing before
HPC and before City Council; and
WHEREAS, for approval of setback variances, the HPC must review the application, a
staff analysis report and the evidence presented at a hearing to determine, per Section
26.415.110.C of the Municipal Code, that the setback variance:
a. Is similar to the pattern, features and character of the historic property or district;
and/or
b. Enhances or mitigates an adverse impact to the historic significance or
architectural character of the historic property, an adjoining designated historic
property or historic district; and
WHEREAS, for approval of an FAR Bonus, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section
26.415.110.C of the Municipal Code, that:
a. The design of the project meets all applicable design guidelines; and
b. The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of the
historic building and/or
c. The work restores the existing portion of the building to its historic appearance;
and/or
d. The new construction is reflective of the proportional patterns found in the
historic building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f. An appropriate transition defines the old and new portions of the building;
and/or
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained; and
3
WHEREAS, Sara Adams, in her staff report dated April II, 2007, performed an analysis
of the application based on the standards, and recommended the application be approved
with conditions; and
WHEREAS, at a regular meeting held on April II, 2007, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application by a vote of S to O.
THEREFORE, BE IT RESOLVED:
That the HPC recommends Council approval of a Historic Landmark Lot Split, and grants
approval for Variances, for the property located at SOO West Francis Street, Lots Q, R,
and S, Block 27, City and Townsite of Aspen, Colorado, with the following conditions:
I. Setback variances permitting 0 feet for the east sideyard and 0 feet for the rear
sideyard setbacks are granted for the existing condition.
2. A SOO square foot FAR Bonus is granted to the fathering parcel.
3. Staff recommends that HPC grant GMQS exemption for the Historic Landmark
Lot Split.
4. Pursuant to Section 26.420.030.(B)(6)(e), the lots created through the Historic
Landmark Lot Split are not required to mitigate for affordable housing.
S. Staff recommends that the applicant pursue an encroachment license from the
Engineering Department for the historic Carriage House.
6. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development Department and recorded in the office
of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision
exemption agreement within the specified time limit shall render the plat invalid
and reconsideration of the plat by City Council will be required for a showing of
good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the provisions of the Land Use Code in effect at the
time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the R -6 zone district, except
the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot I of 3,000
square feet in size with I,S93 square feet of floor area, and a Lot 2 of
6,000 square feet in size with 2,987 square feet of floor area.
7. The development approvals granted herein shall constitute a site-specific
development plan vested for a period of three (3) years from the date of issuance
of a development order. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in the forfeiture of said vested
4
property rights. Unless otherwise exempted or extended, failure to properly record
all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the
forfeiture of said vested property rights and shall render the development order
void within the meaning of Section 26.104.0S0 (Void permits). Zoning that is not
part of the approved site-specific development plan shall not result in the creation
of a vested property right.
No later than fourteen (14) days following final approval 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 site specific
development plan, and the creation of a vested property right, valid for a period of
three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
property: SOO West Francis
Nothing in this approval shall exempt the development order from subsequent
reviews and approvals required by this approval of the general rules, regulations
and ordinances or the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and
judicial review; the period of time permitted by law for the exercise of such rights
shall not begin to run until the date of publication of the notice of final
development approval as required under Section 26.304.070(A). The rights of
referendum shall be limited as set forth in the Colorado Constitution and the
Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of
April, 2007.
[signatures on the following page]
S
Approved as to Form:
Jim True, Assistant City Attorney
Approved as to Content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
6
1..;"",' (),'F,C,:;:.;)i
OATES, KNEZEVICH, GARDENSWAHTZ & KELLY, p.e.
PROF::SS!0NAl CQRPQR.I\Ti(lN
,biRD H,nOR ASPEN ?:.,.~ZP 6lJi! [.,NG
533 E, HOPf'INS AVFNiJE
ASPf-N. C()lOf~j\DO, 81bl1
L'.''"<,;Fi:' r), '::.<..:[',0;
!FUYHr)N[ (970) g,~Q.:7()a
F/J,I'Si!,lIlE i97m 920.1121
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January 17, 2007
Jennifer Phelan
City of Aspen
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Application for Historic Landmark Lat Split - 500 West Francis
Dear Jennifer,
Enclosed is an application packet for a historic landmark lot split of the Gell-MannlMurdock
Partnership, LLP property at 500 W. Francis (Parcel # 273512410007). Enclosed in the packet is ~
memorandum discussing the proposed lot split, pre-application conference summary, signed fee
agreement and check for $1350.00, completed land use application form, general information sheet,
dimensional requirement form, title commitment issued by Pitkin County Title Company, an 8Y2" x I]"
vici:)ity map, and plat prepared by Aspen Survey Engineers showing the current status of the parcd.
T en copies of the application packet are provided.
The existing property is 9,000 square feet in size, consisting of Lots Q. R and S on City Block 27
on West Francis Street. We are requesting a lot split whereby the western portion of the property (Lot
QJ is split from the remaining 6,000 square feet (Lots R and S). This split is depicted on the enclosed
Pi at. There are two existing buildings, a Victorian era house and a historic carriage house. that are on
the proposed 6,000 square foot lot to the east. The proposed 3,000 square foot lot is currently vacant
and there are no present plans for its development.
This application complies with the review criteria of The City of Aspen Historic Preservation
Design Guidelines. which are intended to protect and preserve historic structures within the City. We
are not requesting any development approvals or modifications to the exii>ting stmctures for any portion
of Ine lots. Indeed no phy~ical changes of any sort are envisioned fer (he property at this time. Rather.
we are ~impiy n::qnesting a lot split to facilitate division of pwperty owned by the Gell-Mann/Murdock
Pmtne!'ship as a part of thc dissolution of that partnership. Consequently, there will be PO impact to any
()f the existing historic structures at the site and the Historic Preservation Design Guidelines are thus
satisfied.
RECEIVED
JAN 1 7 2007
ASPEN
nllll nlW~ n~Dl>.IlTU~NT
OATES. KNEZEVICH, GARDENSWi\RTZ & KIU '1', P.C.
Jennifer Phelan
January 17,2007
Please let me know if you have any questions or need any additional materials. We look forward
to working with your office on this matter.
Sincerely,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.c.
By d-
~~
Anne Marie McPhee
AMMJ
Enc!.
Oates, Knezevich,
Gardenswartz & Kelly, P.C.
Memo
To: City of Aspen Community Development Department and Historic
Preservation Committee
From: Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.c.
Date: January 17, 2007
Re: Gell-MannlMurdock Partners Historic Landmark Lot Split
Applicant: Gell-MannlMurdock Partners, Ill, a Colorado limited liability partnership.
Proiect Location: Historic landmark lot split of property located at 500 West Francis, Aspen,
Colorado 81611, consisting of Lots Q, R, and S of City of Aspen Block 27 (the "Property").
This project seeks to split Lots Q from Lots R and S. The Property's parcel identification
number is 273512410007.
Ownership: The property is owned by Gell-MannlMurdock Partners, Ill, a Colorado
limited liability partnership. There are no other owners, mortgages, judgments or liens against
the property. An ALTA Commitment for Title Insurance for the Property is provided in the
application packet. In addition, copies of the Deed from the City of Aspen and the Easement
Agreement listed in the title commitment are also enclosed in the application packet.
Proiect Description: Applicant seeks a simple historic landmark lot split of the 9000 square
foot lot whereby Lot Q shall be split from Lots R and S. The individual lots are depicted on
the enclosed plat. Lot Q, totaling 3,000 square feet, is vacant. Lots R and S, totaling 6,000
square feet, contain an existing Victorian era house and historic carriage house. No physical
changes to the existing structures or any other portion of the Property are contemplated at this
time. Applicants seek the historic landmark lot split in order to facilitate the division of
property commensurate with the dissolution of the partnership.
Compliance with the Historic Preservation Guidelines: The City of Aspen Historic
Preservation Design Guidelines are intended to protect and preserve historic structures within
the City. This application complies with the review criteria for the design guidelines. The
Applicant is not requesting any development approvals or modifications to the existing
structures for any portion of the lots. Indeed no physical changes of any sort are envisioned
for the property at this time. Rather, the Applicant is simply requesting a lot split to facilitate
division of property owned by the Gell-MannlMurdock Partnership as a part of the dissolution
of that partnership. Consequently, there will be no impact to any of the existing historic
structures at the site and the Historic Preservation Design Guidelines are thereby satisfied.
Additional materials: Other materials submitted in this application packet are:
1. a pre-application conference summary;
2. signed fee agreement and check for $1350.00;
3. completed land use application form;
4. general information sheet;
5. dimensional requirement form;
6. ALT A title commitment and exceptions disclosing ownership of the Property;
7. 8 1/2" x 11" vicinity map prepared by the Aspen/Pitkin GIS department locating the
property within the City of Aspen; and
8. plat prepared by Aspen Survey Engineers showing the current status of the parcel,
including topography and vegetation.
Please let me know if there is anything further you need. We look forward to working with
you on this project.
. Page 2
Land Use Application
.
!
: THE CITY OF ASPEN
PROJECT:
Name:
Gell-Mann/Murdock Partners, LLP Historic Landmark Lot Split
Location: 500 I.T ~
^~-~- rn ill h11
Aspen Lots 0, Rand S, Block 27, Aspen, Pitkin County, Colorado
(Indicate street address, lot & block number or metes and bounds description of property)
ParcelID# (REQUIRED) 273512410007
APPLICANT:
Name: ~_" M~ .,. P TT"D
Address: 500 W. "rancis Asoen CO 81611
Phone #:
Fax#:
E-mail:
REPRESENTATIVE:
Name:
z "h &
M ri McPhee 0 te Knezevich & Gardenswartz P.C.
Address: 533 E. Hopkins, 3rd "loor, Aspen, CO 81611
Phone #: (970) 920-1700 Fax#: (970) 920-1121
E-mail: rakaokglaw.com;ammkglaw.com
TYPE OF APPLICATION: lease check all that a I
D Historic Designation
D Certificate of No Negative Effect
D Certificate of Appropriateness
D -Minor Historic Development
D -Major Historic Development
D -Conceptual Historic Development
D -Final Historic Development
D -Substantial Amendment
D Relocation (temporary, on or off-site)
D Demolition (total demolition)
[i] Historic Landmark Lot Split
~hree contiguous lots with two historic buildings located on Lot S. Lots nand R are vacant
A historic landmark lot split with no physical changes contemplated. "Dlease see the attach d
letter for a more thorough description.
RETAIN FOR PERM".NENT RfCORO
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Gell-Mann/Murdock Partners, LLP
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
~pl1 M~nn ~lrnnrk ~~r~npr~. TTP H;arnr;~ T~nrtm~rk lnr ~r1;~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of
an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT
agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon
notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited
through the greater certainty of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Cbuncil to make legally required findings for project consideration, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ 1350.00 which is for 6 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above, including post approval review at a
rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days
of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated with case
processing have been paid.
Chris Bendon
Community Development Director
~~LI~ JW-~
Date: 3 'f ~., 2-001-
CITY OF ASPEN
By:
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02/01/06
Bill To Mailing Address and Telephone Number:
SrI. \'3"1"1 \tyl-c. \'~k. Q,,,,j
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RETAIH FOR PERMANENT RECORD
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENT A nVE:
TYPE OF APPLICA nON:
DESCRIPTION:
Amy Guthrie DATE: 7/27/06
500 W. Francis Street
Ann Marie @ Oates, Knezevich, and Gardenswartz
Historic Landmark Lot Split
The lot, which is 9,000 square feet in size, is to be split into two parcels. The existing
Victorian era house will be retained on the east lot, along with the historic carriage
house. A new house will be constructed in the future on the west parcel.
The new lots must each be at least 3,000 square feet in size. If the property is
divided into a 3,000 square foot lot and a 6,000 square foot lot, the 6,000 square
foot parcel can contain two detached free market units if desired and the 3,000
square foot lot can contain one free market residential unit. Any other lot
configuration will allow no more than one single family house on each parcel. In
all scenarios, the development will still be restricted to the maximum floor area
that is allowed on the "fathering" 9,000 square foot lot.
A 500 square foot FAR bonus can be requested from the HPC and, if approved, will be
added to the total floor area that may be allocated between the parcels. In order to meet the
standards for a floor area bonus the owner must prove that some outstanding preservation
action is being taken. For instance, the owner may commit to doing only a very small
addition to the Victorian, may restore features of the house that have been altered in the
past, etc. The owner must hold a worksession with HPC prior to a formal hearing in order
to discuss the merits ofthe bonus.
HPC will review all development on the property, either concurrent with the lot split
application, or at a future date. Other landmark benefits, such as setback variances, may be
approved.
PROCESS:
Step 1:
Attend a worksession with the HPC to discuss the FAR bonus request if
applicable
Public hearing at HPC for Historic Landmark Lot Split
First reading of a lot split ordinance at Council
Public hearing and second reading of a lot split ordinance at Council.
File the final plat and subdivision exemption agreement
Step 2:
Step 3:
Step 4:
Step 5:
Land Use Code Section(s)
Historic Landmark Lot Split'. Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.1 10
Review by:
Public Hearing:
'Historic Preservation Commission, . Planning and Zoning Commission, .City Council
Yes, at HPC and second reading of the ordinance before City Council. Applicant must post
property and mail notice at least 15 days prior to hearing to land owners within three hundred
(300) feet of the property subject to the development application. Applicant will need to provide
proof of posting and /nailing with a affidavit at the public hearing.
none
$2,700.00
none
$2,700.00 deposit
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Fees:
To apply, submit 12 copies of a complete application on the forms provided by the Community
Development Department, an application fee, and a signed fee agreement.
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Insumnce ~@..!lq,n
At T A Commitment For Title Insurance
American Land Title Association
(1966)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3IDFLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527- F AX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS:
Vince Higens-vince@sopris.net
Brandi Jepson-brandi@sopris.net
(Closing & Title Assistance)
CLOSING MATTERS:
TJ Davis-tjd@sopris.net
Joy Higens-joy@sopris.net
Issued By
h!..wyem lltle Insurance@:mtl!!!lQ9
Home Office:
101 Gateway Centre Parkway, Gateway Olle
Richmond, Virgil/in 23235-5153
1-800-446-7086
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: at 12:00 AM
Case No. PCT21044L
2. Policy or Policies to be issued:
(a) AL TA Owner's Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate: Standard
(b) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
(c) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
GELL-MANN/MURDOCK PARTNERS, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS Q, RAND S,
BLOCK 27,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE. INC
601 E. HOPKINS. ASPEN, CO. 81611
970-925-1766 Phonej970-925-6527 Fax
877-217.3158 Toll Free
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
~
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT. THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances. adverse claims or other matters, if any. created. first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
328 providing as follows: "That no title shall be hereby acquired to any mine of gold. silver. cinnabar or
copper or to any valid mining claim or possession held under existing laws".
8. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded August 15.
1988 in Book 570 at Page 909.
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued. if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights. claims or tille to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owne(s title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
material mens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction. the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent:
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the
Company and the costs thereof charged to the proposed insured unless written instruction to the contrary
are received by the company prior to the issuance of the Title Policy anticipated by this Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owner's Tille Policy reflects an exception for mineral interests or
leases. pursuant to CRS 10-11-123 (HB 01-1088). this is to advise:
(a) There is recorded evidence that a mineral estate has been severed. leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
A LANDAMERICA
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family
of companies. The three largest members of the family - Commonwealth Land Title Insurance Company,
Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and
handle real estate closings in virtually every part of the country. A number of other companies in the family
provide other real estate services, and some operate more locally. You may review a list of LandAmerica
companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy
practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Companies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey. Industrial Valley Title Insurance Company. Land Title Insurance Company. Lawyers Title Insurance Corporation, Title
Insurance Company of America. Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortaaaes: Commonwealth Relocation Services, CRS Financial Services, Inc., landAmerica Account Servicing, Inc.
Title Agents: Austin Title Company. ATACO, Inc.. Albuquerque Title Company. Atlantic Title & Abstract Company. Brighton Title
Services Company. Capitol City Title Services, Inc.. CFS Title Insurance Agency. Charleston Title Agency; Charter Title Company of
Fort Bend. Galveston, and Sugarland: Commercial Settlements. Inc.. Commonwealth Land Title Company: Commonwealth Land Title
Company of Austin, Dallas. Fort Worth. Houston. Washington, Congress Abstract Corp.. Cornerstone Residential Title. Cumberland
Title Company. First Title & Escrow. Inc.. Gulf Atlantic. Harbour Title, HL Title Agency. Lawyers Title Company: Lawyers Title of
Arizona. EI Paso, Galveston, Nevada. Pueblo. San Antonio. Lawyers Title Settlement Company. Lion Abstract, Longworth Insured.
Louisville Title Agency of Central Ohio, Lorain County Title Company. Mil Title Agency. NIAI Lawyers Title Agency, Oregon Title, Park
Title, Partners Title Company. Pikes Peak Title Services, REIAffirm Title Agency, Rainier Title Company. Residential Abstract.
Residential Title. Rio Rancho Title. Texas Title Company, Title Transfer Service, Inc.. TransOhio Residential Title Agency, Transnation
Title & Escrow, Union Title Agency, University Title Services. Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
Form 3391-6 (May 2001)
LANOAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your non public
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the landAmerica family may specifically, in writing, adopt our policy statement.
Fonn 3391-6 (May 2001)
Pitkin County Title, Inc.
Privacy Policy
We collect non public information about you from the following sources:
. Information we receive from you, such as your name, address, telephone
number, or social security number;
. Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to non public personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
ISSUED BY
fu..u~nflide Insumnce@p,p..,m,tJQ.Il
COMMITMENT FOR TITLE INSURANCE
LAWYERS Title Insurance CORPORATION, a Virginia corporation, herein called the company. for valuable consideration. hereby
commits to issue its policy or policies of title insurance. as identified in Schedule A. in favor of the proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A. upon
payment of the premiums and charges therefor: all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A hereof by the Company. either at the time of the issuance of this Commitment or by subsequent
endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder
shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue.
whichever first occurs. provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall
not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers. the Commitment to become valid when countersigned by an authorized officer or agent of the
Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest rI j 1) {/ J- Secretary
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Conditions and Stipulations
1. The term "mortgage." when used herein. shail include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien. encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing. the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. if the proposed Insured shall disciose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule
B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shail be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under
taking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B. or (c) to
acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed
the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as expressiy
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
AL T A Commitment - 1966
Cover Page
Form 1004.268
ORIGINAL
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~his .Ittd, Made this._m$..~u..mm____._m..__m____daY OL.~~m______._. in the year of our Lord one thousand-eight hundr~ and
eighty_~___.between M. G. Miller as County and Probate Ju~e of the County- of Pitkin, in the State of Colorado,. and successor in office of J.
W. 0"",, c~:n_~_~d P'o~'~ Judg,of "id ~it~i":~"::n~~ "fJ3n~~:~~::nmmmnn:-:n::::__:=::==
of the County of Pitkin and State of Colorado, party of the second part.
WITNBEl'H, THAT WHEBEAS. under the provisions of the Act of Congress, entitled" An act for the relief of the inhabitants of cities and
towns upon the public lands," approved March 2, 1867, J. W. Deane, as County and Probate Judge of said Pitkin County, in the state aforesaid, did
make a townsite cash entry under date of June 2,1881, in the United State~ Land Office at Leadville, Colorado, for the land described as the townsite
of Aspen; said entry being made in trust for the several use and benefit of the occupants of said townsite according to their respective rights and
interests therein. Which said ent!]' was, by order of the Commissioner of the General Land Office of the United States, made on the 19th day of July,
A D. J881, suspended, and on the 5th day of May, A D. 1884, by said Commissioner held for cancellation.
.AR1l WHEBEJ..S, on the 18th day of July, A D. 1884, the Honorable Secretary of the Interior of the United States by an order of that date,
allowed said eotry to be made.
AND WlIEBEAS, the United States of America did, by its certain patent deed bearing date of March 3, A. D. 1885, give, grant and convey unto
the said J. W. Deane, County and Probate Judge as aforesaid, in trust as aforesaid, and to his successors and assigns in trust as aforesaid, the said tract
above described, to have and to. hold the same, together with all the rigllts, privileges, immunities and appurtenances of whatsoever nature thereunto
belonging unto the Slid J. W. Deane, County and Probate Judge as aforesaid, in trust as aforesaid, and to his successors and assigns in trust as aforesaid.
AND WHEREAS. by an act of the General Assemby of the State of Colorado, entitled" An act to provide for the disposal of town lots and the
proceeds of sale in townsites entered upon public lands," approved the 1st day of March, A. D. 1881,it is provided that when land is entered as aforesaid
the deeds shall be signed by the County and Probate Judge or his successor in office, under his private seal. AND WHERIlAS, the said M. G. Miller is
the successor of saJd J W. Deane as County and Probate J~ County.
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legally entitled to lots, blocks and parcels of ground hereinafter described as the rightful occupant thereof, and is entitled to the occupancy and
possession of each and eve!]' of said lots, blocks and parcels of land.
NOW, THEREFORE, I, M. G. Miller, County and Probate Judge of Pitkin County, in the State of Colorado, in compliaocewith the laws'of the
State of Colorado, and by virtue of the premises, and being the successor in office of J. W. Deane, County and Probate Judge as aforesaid, and his
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lawful money of the United States, to me in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted,
bargained, sold and conveyed, and by these presents do grant, bargain, sell and confirm unto the said party of the second part, all the following
described lots, blocks and parcels of land, situate, lying and being in Aspen townsite and City of Aspen, in the County of Pitkin and State of Colorado,
lo-wit, Jtru # +Mo~('1J ~ Zrr;, i2 ~@ ~ (I3~Cq)) ~m- ~
<U M ~ if ~ 7Url4iY:l .t.vffj~~ a~ /.Jh.I,J.bff ~
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~lrML. ~ -fY X; ~;r-~ ~(1' 6)fi<-n ~ M /0 h->t>
(rf) 'i!::ti1 ;i:Pl:-:':1L-:~l~;;7~lfl:/:d?:!::j
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TO BA VE .ARB TO HOLD the saId land and premises, together With all rights, priVIleges, immunities and appurtenances of whatsoever nature
~'~;_'I~_~~O~~:~_O'_iO_~nYW':-,~~'~ning__u:,O th",,~d"!!:~~_:_n~7 .. m__mmmmm . mnm_
~____heirs and assigns forever.
PROVIDED, HOWEVER, that no title shall be . acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim or
possession held under eX,i,sting ,laws; and provided fu . that this deed is hereby made and declared to be subject to all the conditions, limitations
and restrictions contained in Section 2386 of the Revised Statutes ofthe United States, so far as the same is applicable thereto.
IN "'WI.'rNm WHEREOF. I, M. G. Miller, County and Probate Judge of Pitkin COUllty, in the State of Colorado, successor in office of J. W.
Deane, as aforesaid, have hereunto set my hand alld affixed my private seal the day and year first above written.
mJ1t..!:k~ ODImlr"",i~J~-~-P~~. n.~
ST~:~T~ o;<;'~~.DO, }ss. :Irn~9zk:~~('!.~m-- .muoonm..m.__' .oo___oo.a Notary Public in and for
@ said County, in the State aforesaid, hereby ;~-~-hat M. G. Miller, personally known to me to be the
: -:;( "At! person whose name is s.Ubscribed to the annexed deed, appeared before me this day in person and
{}Il.A \...~::..J acknowledged that he ex~cuted the same as his voluntary act and deed as County and Probate Judge of
pJ--af-. the County of Pitkin, State of Colorado, for the uses and purposes in said deed set fo h.
A. oW;~~';'_~y h,.d ~d 00"",] '''l_th~~r nmmmd,yof n._-7
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Filed for record on theJI_n~.______.
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Recorded at / 11 :l[O O'CfOCk~~1 11 8'S'"
Pecepllon No ~-':'(lL~
SILVIA DAVIS PITKIN COUNTY RECORDER
BOOK 570 rm9tl9
EASEMENT AGREEMENT
THIS AGREEMENT, is made as of the date last signed below, by
and between Murray Gell-Mann and Harry B. Gray of the City/Town of
Aspen, County of Pitkin and State of Colorado (the "Owner") and
the City of Aspen, Colorado, a municipal corporation
("the City").
WITNESSETH:
WHEREAS, the Owner is a record title holder of that property
in the City of Aspen, County of Pitkin, State of Colorado, more
particularly described in Book 256, Page 433, of the Pitkin
County Clerk and Recorder's Offioe as follows:
..;
Lots Q, R, S, Block 27, City and Townsite of Aspen
WHEREAS, the City operates the municipal electric system in
Aspen, Colorado, and desires to obtain from Owner an easement for
an above ground transformer and other similar electrical and
communication utility appurtenances upon, under and through the
above-described property.
WHEREAS, the Owner is willing to grant such an ~asement.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. The Owner hereby grants to the City a non-exclusive
perpetual easement for an above ground electric transformer not
to exceed four (4) feet in height from grade, underground utility
lines and other similar electrical and communication utility
appurtenances, over, above, across and under a portion of land
described as follows:
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An easement six (6) feet in width, the centerline for
such easement being an underground power line and
transformer pad constructed, the approximate location of
which is shown on Exhibit "A" attached hereto, not to exceed
thirty-six (36) square feet in surface area, and extending
six feet below the surface and fourteen feet above the
surface of the described portion of land.
2. The Owner further grants to the City a temporary
construction license over, across and under a portion of land
adjacent to the easement premises not to exceed one hundred (100)
square feet in :Jrea for the purpose of construction,
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installation, repair, alteration and replacement of such utility
appurtenances as ahall be placed on thE easement premises.
Unless extended by Owner, such temporary co~struction license
shall terminate one year from the dat.e of \.xecution of this
Easement Agreement.
3. The Owner further grants to the City the right of
ingress and egress to and from said easement over and across the
lands by available roads and lanes therein or by such route(s) as
the City may determine will result In minimal damage and
inconvenience to the Owner for the purpose of ex~rcising the
rights granted herein.
4. The Owner reserves the right to utilize and enjoy the
above-described land providing the same shall not interfere with
the design, inst~llation, operatioc, inspection, maintenance,
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repair, alteration or replacement of the utility appurtenances.
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Specifically, the Owner may oC'cupy the air space -~tove the
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BOOK 570 r.lGf911
easement, including the surface areas not immediately occupied by
thE utility appurtenance, provided a minimum vertical clearance
of fourteen (14) feet is provided to the City from grade to any
obstruction. City shall not obstruct the uppermost ten (10) feet
of such vertical eap.ement.
5. The Owner reserves for itself, i t8 successors and
assigns the right to relocote the easement and the utility
appurtenance(s) therein with the consent of the City, which
consent shall not be unreasonably withheld, upon the payment of
all direct and indirect costs of such relocation to the City with
such security for the payment thereof as the City shall require.
6. The Owner warrants that it is a record Owner of the
property described herein and it is agreed that the covenants
herein shall be binding upon the Owner and the respective
successors and assigns of the parties hereto. The Owner further
warrants that the property described herein is free and clear of
all liens and encumbrances whatsoever, except those held by the
following: Lienholders referred to in Exhibit "5" attached hereto
and incorporated herein by reference.
7. The Owner agrees that the facilities installed by the
City on the property described above shall remain the property of
th" City. and shall be removable at the option of the City. The
City covenants to maintain and repair such utility appurtenances.
The Owner agrees that the City may assign the rights granted to
it hereunder to any assignee who demonstrates sufficient
competence and gives adequate assurances that any work to be
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performed pursuant to such assignment shall be conducted in a
good and workmanlike manner.
A. The City agrees that it will save and hold the Owner
harmless from all claims, causes and actions, suits, damages or
demands whatsoever in law and in equity which may arise out of,
or as a consequence of the negligence of the City, or its
authorized agents, servants or employees, in constructing,
installing, maintaining, repairing and utilizing the easement
premises and sUbject utility appurtenances.
9. The Owner shall have the right, upon prior written
consent of the City, to grant other non-exclu~ive easements over,
along, or upon the easement premises, provided that such other
easements shall be subject to and shall not interfere with the
easement granted hereby.
10. After the exercise by the City of any of its rights
hereunder, the City agrees to restore and re-vegetate the surface
of the construction area as nearly as possible to the condition
and appearance whl<..h existed immediately prior to the
commencement of constructin~.
11. The City shall bear the cost of preparation of the
Easement Agreement, property descriptions, surveying,
engineering, con~ulting, recording documents and real estate
transfer taxes, if any, associated with this transaction. The
Owner shall pay the fees of any attorneys hired by it to review
the easement agreement or advise the Owner in any matters
concerning this transaction.
12. The parties hereby stipulate and agree that the value
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of the easement is $1188.00. The City shall pay such amount in
full by mailing or delivering to Hurray Gell-Mann a check drawn
Jointly to .11 owners of record after delivery to the City's
escrow agent of this fully executed Easement Agreement, which may
be executed in multiple part by all owners of record.
13. The Owner affirmatively states that it has entered into
this Easement Agreement after having had an opportunity to
consult an attorney of their choice and that Owner has signed
this Agreement freely, knowingly and intelligently.
14. This easement is binding upon the ~"ccesSors,
representatives and assigns of the parties and is modifiable only
in a writing signed by the parties.
THE CITY OF ASPEN:
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ayor William Stirl1ng- ---
ATTEST:
(;~rd '-L,y^-,,../J;L~r... _
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STATE OF COLORADO
PITKIN COUNTY, ss.
Subscribed ond sworn to before me this ~ay
1986, by Mayor William Stirling.
My commission expires, 1- /7,- Of{
Witness my hand and official seal:.
ofM
DATED'__ ?:.23~.Ji.L__
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BOOK 51m f,QfJf914
.~fnk...
ell-Mann
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Date
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Harry B. ; ray ,
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Date
STATE OF C1J..,.'.,
COUNTY OF lJ A.1l,
The foregoing instrument was acknowledged before me this /7 .~
day of..,""or-~7Y1.6,,==,~~ ,1986 by '/i/l1<!Il..V 6 &'44,/ AND /l1/"'J:!.tAt/ .jt;:-ZL-"I'1~,V'v~
Witness my hand and official seal:
My commission expires:
8) OFFICIAL SEAL
Jill BANKER
. NOTARY PU8LIC ~ CAUFORNIA
LOS ManES OOUNIY
~ . 1 My camm. upim MAY 26, 1990
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N tary Public
Address: ((}II".~
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BOOll 570.915
EXHIBIT "A"
Electric and Communication Utility Easement
Located on Lot Q
of Lots Q, R, S, Block 27, City and Townsite of Aspen
Beginning at the NW corner of lot Q commencing on the S right of
way line of the alley B\ock 27, said point being the point of
beginning, said point being on the N lot line of lot Q, thence
bearing S l~o 50' ~9" W a distance of 6 feet, thence bearing S 75"
09' II" E a distance of 6 feet, thence bearing N 14' 50' 49" E a
distance of 6 feet, thence bearing N 75" 09' II" W a distance of
.
oj
6 feet, this line being the S right of way line of said alley, to
the point of beginning. Said parcel containing 36 square feet.
.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and Gell-Mann/Murdock Partners, LLP
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
~pll_M~nn Mllrnnrk P~r~npr~. TTP H;~~nr;r T~n~m~rk Tn~ ~pl;~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of
an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT
agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon
notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited
through the greater certainty of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ 1350.00 which is for 6 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above, including post approval review at a
rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days
ofthe billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated with case
processing have been paid.
Chris Bendon
Community Development Director
~:~LI~ JW-~
Date: 8 ":f 0... ., 2-0 () 1-
CITY OF ASPEN
By:
g:\support\forms\agrpayas.doc
02/01/06
Bill To Mailing Address and Telephone Number:
5fI. \'3"1"' \\-yl<. ~CIh'k. Ro...!
S~"" f'~J Nl'I 'i'tS'O\-'6QLf3
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RETA~FORPERMANEHTRECORD
Land Use Application
.
THE CITY OF ASPEN
PROJECT:
Name:
Gell-Mann/Murdock Partners, LLP Historic Landmark Lot Split
Location: 5"" u "_o_n {o .
('n ~1 (;11
Aspen Lots 0, Rand S, Block 27, Aspen, Pitkin County, Colorado
(Indicate street address, lot & block number or metes and bounds description of property)
ParcelID# (REQUIRED) 273512410007
APPLICANT:
Name:
('011 u. Uu.' .,.
1TP
Address: 500 W. "rancis Asnen CO 81611
Phone #:
Fax#:
E-mail:
REPRESENTATIVE:
Name:
lHck V_oomdnh & Anna Mori McPhee O~te~ Knezevich & (Oardenswartz P.C.
Address: 533 E. Hopkins, 3rd "loor, Aspen, CO 81611
Phone #: (970) 920-1700
Fax#: (970) 920-1121
E-mail: rakaokglaw.com;ammaokglaw.com
TYPE OF APPLICATION: lease check all that a
o
o
o
o
o
o
o
o
Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
-Minor Historic Development
-Major Historic Development
-Conceptual Historic Development
-Final Historic Development
-Substantial Amendment
o
o
[iJ
Relocation (temporary, on or off-site)
Demolition (total demolition)
Historic Landmark Lot Split
'1'hree contiguous lots with two historic buildings located on Lot S. Lots () and R are vacant
A historic landmark lot split with no physical changes contemplated. Please see the attach
letter for a more thorough description.
RETA~FORPERMANfNTRECOR~
FEES DUE: $
General Information
Please check the appropriate boxes below and submit this page along with your application. This information will
help us review your plans and, if necessary. coordinate with other agencies that may be involved.
YES NO
u
J!j(
Does the work you are planning include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
u
xlii
Does the work you are planning include interior work; including remodeling, rehabilitation, or
restoration?
o
xlEl
Do you plan other future changes or improvements that could be reviewed at this time?
u
xg]
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect
and a building permit, are you seeking to meet the Secretary of the Interior's Standards for
Rehabilitation or restoration ofa National Register of Historic Places property in order to qualify
for state or federal tax credits?
u
u
If yes, are you seeking federal rehabilitation investment tax credits in conjunction with
this project? (Only income producing properties listed on the National Register are
eligible. Owner-occupied residential properties are not.)
u
o
If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
U Rehabilitation Loan Fund LJ Conservation Easement Program U Dimensional Variances U Increased
Density 0 Historic Landmark Lot Split LJ Waiver of Park Dedication Fees U Conditional Uses
U Exemption from Growth Management Quota System U Tax Credits
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Gell-Mann/Murdock Partners, LLP Historic Landmark Lot Solit
Gell-M::mn/Mllrdnrk P;:!rt"npr~ TlP
500 W. ~rancis, Aspen, CO 81611(Aspen Lots O. R. S. glock 27)
R-6
9000 sauare fep.t (1 A~ppn r.it'y Tn"",;::}
9000 square feet
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
~l/ ~\
~1/ A
N/A
-r...l/11
.
N/A
N/A
Proposed % of demolition: N / A
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: Existing: Nt A Allowable: Nt A Proposed: NtA
Height
Principal Bldg.: Existing: " Allowable: " Proposed: "
Accessory Bldg.: Existing: " Allowable: " Proposed: "
On-Site parking: Existing: " Required: " Proposed: "
% Site coverage: Existing: " Required: " Proposed: "
% Open Space: Existing: " Required: " Proposed: "
Front Setback: Existing: ' , Required: " Proposed: "
Rear Setback: Existing: " Required: " Proposed: "
Combined Front/Rear:
Indicate N. S. E. W Existing: " Required: " Proposed: ,.
Side Setback: Existing: " Required: " Proposed: ,.
Side Setback: Existing: " Required: ,. Proposed: "
Combined Sides: Existing: " Required: ,. Proposed: "
Distance between Existing: " Required: " Proposed: "
buildings:
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
Variations requested (identify the exact variances needed):
yj[ Dt
MEMORANDUM
RE:
Mayor Helen Klanderud and Aspen City Council
~
Chris Bendon, Community Development Director &Wl
Extension of Moratorium on Land Use Applications
2nd Reading of Emergency Ordinance No. 20, Series of 2007
TO:
FROM:
DATE:
May 29, 2007
SUMMARY:
On April 25, 2006, City Council adopted Ordinance No. 19, Series of 2006, implementing a
moratorium on new land use applications in the City's multi-family, commercial, mixed-use,
and lodging zone districts. Ordinance 19 provided a termination date of October 31, 2006,
and a process to extend the deadline. On September 11,2006, the moratorium was extended
for an additional four months via adoption of Ordinance 38, Series of 2006. On February 28,
2007, the moratorium was extended again and is currently set to expire on May 31 st.
The City Council and staff of the Community Development Department have made
significant progress towards identifying and adopting policy changes and amendments to the
City's Land Use Code. Ordinances 9 and 12, Series of 2007, were adopted on April 24,
2007. These two ordinances amended the residential multi-family zone districts and
miscellaneous provisions of the Land Use Code.
Ordinances II and 13, Series of 2007, were adopted on May 15, 2007. These two ordinances
amended the commercial zone districts and implemented Commercial Design Review.
Amendments to the lodging zone districts and growth management are still under review.
Ordinances are not effective until a period of 30 days has passed. For this reason, staff is
proposing an extension to the moratorium for a one-month period. In addition, potential
amendments to the Service Commercial Industrial Zone District (SCI) were removed from
Ordinance 11 with the intension of continuing the moratorium for development in this zone.
Staff is recommending six months for this additional work.
Staff strongly recommends that the adopted changes to the code be allowed to become
effective prior to the expiration of the moratorium. Otherwise, development proposals could
rely on the former codes. In addition, staff strongly recommends the additional amendments
to the SCl District be accomplished under a moratorium. In the alternative, staff foresees SCI
applications being submitted which would be exempt from potential changes.
Staff is prosing this ordinance be adopted as an "emergency" ordinance so that it will become
effective immediately upon passage (as opposed to a 30-day delay period). In this way, there
will not be a "gap" between expiration of the current moratorium and the effect of the
extension. Adoption of an emergency ordinance does not require a public hearing, although
staff will place this item on the public hearing portion the May 29th agenda.
Staffis recommending adoption of Emergency Ordinance No. 20, Series of 2007.
1
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 20, Series of2007, as an emergency ordinance."
A TT ACHMENTS:
None.
2
ORDINANCE NO. 20
(Series of 2007)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT
TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO
ORDINANCE NO. 23, SERIES OF 2006, ORDINANCE NO. 38, SERIES OF 2006, AND
ORDINANCE NO.3, SERIES OF 2007.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote
of City Council members present or upon a vote of four (4) Council members; and
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule
Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as
amended, 9929-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium
pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23,
Series of 2006, Ordinance Number 38, Series of 2006, and Ordinance Number 3, Series of 2007;
and,
WHEREAS, Section 7 of Ordinance Number 19, Series of2006, allows for the termination
date of the moratorium to be extended by City Council through the adoption of an ordinance; and,
WHEREAS, the City Council reaffirms the reasons for implementing the moratorium,
specifically that recent land use applications seeking Development Orders in various City Zone
Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen
Area Community Plan and are having the following negative effects upon the community:
. The pace of construction in the community is far too great for the community to
properly absorb and for the City to properly service; and
. The pace of construction is having deleterious impacts upon the City's resort
economy; and
. The community is not achieving the affordable housing goals as set forth in the
Aspen Area Community Plan; and
. The recently enacted amendments to the Land Use Code commonly referred to as
the "infill code amendments" are not having the desired effects upon development
activity in the community; and
Ordinance No. 20,
Series of 2007.
Page 1
. Recent development activity indicates that locally serving businesses are being
negatively impacted thereby losing an essential character to the City's retail
economy; and
. Construction traffic and activity within the City has had, and will continue to have, a
deleterious impact upon the health, safety and wellbeing of the City's residents and
guests;
and,
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to review all existing land use codes and regulations as they
affect land use development in the Service Commercial Industrial (SCI) Zone District within the
City of Aspen to ensure that all land use development proceeds in a manner that is consistent with
the Aspen Area Community Plan; and
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to conduct a thorough analysis and assessment of the Land Use
Code and regulations affecting the development of land within the Service Commercial Industrial
(SCI) Zone District of the City of Aspen with particular attention to those recent Land Use Code
amendments commonly referred to as "infill code amendments;" and
WHEREAS, the City Council and the Community Development Department require an
additional period of time in which to allow amendments to the Land Use Code adopted pursuant to
Ordinances 9, 10, 11, 12, 13, and 14, all Series of 2007, to become effective prior to accepting
applications for development; and,
WHEREAS, the City Council has determined that it is necessary to declare an emergency
for the preservation of public property, health, peace, and safety with the extension of the
termination date of a moratorium; and,
WHEREAS, an extension of the moratorium termination date will enable a reasoned
discussion of the desired character and rate of development and redevelopment and consideration of
amendments to the Land Use Code without creating a rush of development applications and the
related impacts upon the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1 - One-Month Extension of Moratorium Termination Date:
The termination date of the temporary moratorium enacted through the adoption of Ordinance
Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006,
Ordinance Number 38, Series of 2006, and Ordinance Number 3, Series of 2007, is hereby
extended for one month to terminate on June 30, 2007, except for properties in the Service
Commercial Industrial Zone District as described in Section 2 or this ordinance.
Ordinance No. 20,
Series of 2007.
Page 2
Section 2 - Six-Month Extension of Moratorium Termination Date for SCI Prooerties:
For properties located in the Service Commercial Industrial (SCI) Zone District, the termination
date of the temporary moratorium enacted through the adoption of Ordinance Number 19, Series of
2006, as amended pursuant to Ordinance Number 23, Series of2006, Ordinance Number 38, Series
of 2006, and Ordinance Number 3, Series of 2007, is hereby extended for a six-month period to
terminate on November 30, 2007.
Section 3 - No Chane:es to Moratorium:
Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of
2006, Ordinance Number 38, Series of 2006, and Ordinance Number 3, Series of 2007, shall
continue in its full force and effect and nothing in this Ordinance shall be construed to alter the
substantive content of said Ordinances, except for the extension of the termination dates as
described in Sections I and 2 of this ordinance.
Section 4 - Emere:encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for
the immediate preservation of the health, safety, peace, and welfare of the City of Aspen, its
residents, and guests; and, this temporary moratorium provides the time necessary to prepare a
review of all current land use and building code regulations and for the City Council and staff of the
City of Aspen to consider amendments, if any are required, to the Land Use Code or Building Code
of the Aspen Municipal Code.
Section 5 - Effective Date.
This Ordinance shall become effective immediately upon passage.
Section 6 - Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten (10) days following final passage.
Section 7:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Ordinance No. 20,
Series of 2007.
Page 3
Section 8:
A public hearing on this ordinance shall be held on the 29th day of May, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado.
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council
of the City of Aspen on the 23rd day of April, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
,2007, by
D the unanimous vote of all City Council members present; or
D a vote offour (4) council members.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Ordinance No. 20,
Series of 2007.
Page 4
1Ole.
MEMORANDUM
TO: Mayor and Council
FROM: Trish Aragon, P.E., City Engineer-'(f
THRU: Steve Barwick, City Manager
Bentley Henderson, Assistant City Manager
Phil Overeynder, Director of Public Works
Paul Menter, Finance Director
DATE OF MEMO: May 14, 2007
MEETING DATE: May 21,2007 Council Meeting
RE: Stormwater Development Fees
SUMMARY: Staff is recommending proceeding with the adoption of an ordinance for the
implementation of the System Development Fee included in the Stormwater Utility Business Plan for
sites that disturb 500 square feet or greater. The fee is similar to the City of Aspen's existing water
system "tap" fee, in that it constitutes a capital facilities charge for the City's stormwater utility system.
Since it is a fee and not a tax, Council has the authority to approve its implementation by ordinance.
BACKGROUND: The System Development Fee had its first reading on May 14, 2007. (Refer to
Attachment 2) Since that time staff has modified the definition section of the ordinance for
development and redevelopment. The area of disturbance for development and redevelopment was
increased from 200 square feet to 500 square feet. (Refer to Attachment I)
DISCUSSION: After the first reading of the System Development Fee, Staff internal discussions
regarding the definition section of the System Development Fee.
Because the City has never charged a system development fee for its stormwater system, the fee
proposed is to be charged against the total impervious area, and not just the increased impervious area
resulting from the current development application. Staff recommended this approach because the
recommended capital program is designed to support both existing as well as increased impervious
areas and as noted above, no previous system development fees have been collected in the City for
stormwater services.
Since the System Development Fee is calculated on the entire impervious area of the site not just the
change in impervious area staff was concerned that the project size threshold for requiring the System
Development fee was too low and that small projects, with very little impact on the overall
development of the site would be required to pay the System Development Fee for the entire site. As a
result Staff is proposing in increase the threshold for development and redevelopment from 200 square
feet of disturbance to 500 square feet of disturbance.
FINANCIAL IMPLICATIONS:
Example fees are shown below:
Impervious Area (SF) System Development Fee
Single family 2,500 $7,200
Commercial 10,000 $28,800
Large Commercial 90,000 $259,000
At an annual development/redevelopment rate of 4% of the City's impervious area, this revenue
stream, with subsequent periodic adjustments for inflation, will be sufficient to pay for the
recommended storm system improvements over a 15 year period.
Total estimated revenue collections over the noted 15 year planning period are $19 million.
ENVIRONMENTAL IMPLICATIONS: The fee will provide funding for construction of stormwater
facilities, which will improve the City's ability to manage storm runoff into the Roaring Fork River,
reducing sediment and pollutant runoff, and generally benefiting the ecology of the river, primarily
with in the City of Aspen, but also downstream from the City.
RECOMMENDATION: Staff is recommending proceeding with the adoption of an ordinance for the
implementation of the System Development Fee included in the Stormwater Utility Business Plan.
ALTERNATIVES: Alternative funding options include: monthly service fee and combination
monthly service fees and property tax and are further described on pages 1-10 of Attachment A of
Attachment 2. The alternatives all assume voter approval of a new property tax or Council/voter
approval of the creation of a new stormwater utility operation. All the alternatives include a System
Development Fee. If a System Development Fee is not used to supplement the alternatives each
alternative would require higher fees or taxes in order to maintain the same level of planned
improvements.
CITY MANAGER COMMENTS:
Attachment I - Stormwater Development Fee Ordinance
Attachment 2 - May 8, 2007 Staff Memo with Attachments
ATTACHMENT 1
ORDINANCE NO. ~ ()
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CHAPTER 25.18 OF TITLE 25 OF THE ASPEN
MUNICIPAL CODE FOR THE ADDITION OF A NEW STORMW ATER SYSTEM
DEVELOPMENT FEE
WHEREAS, the City's Stormwater Management Plan identifies deficiencies In the
condition and capacity of its existing drainage system, and
WHEREAS, it is in the City's interest to protect its infrastructure, the environment, and the
ecology of the Roaring Fork River from the effects of stormwater runoff, and
WHEREAS, a stormwater system development fee will generate an estimated $19 million
over fifteen years for use in improving the City's existing drainage system related to
development and redevelopment of property within the boundaries of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
Chapter 25.18 of Title 25 of the Aspens Municipal Code is hereby amended to read as
follows:
Sec.25.18.010 Definitions.
For the purposes of this Title certain words or phrases are defined as follows:
(a) Development. The proposed development creates at least 500 square feet of
. .
new ImpervIOus area.
(b) Redevelopment. The proposed development disturbs at least 500 square feet of
the existing impervious area.
Sec.25.18.020 Stormwater System Development Fee.
(a) A Stormwater System Development Fee shall be assessed against all
properties at the time of development or redevelopment of the property. The fee shall be
assessed against the total impervious area of the development, not simply the increased
impervious area, minus the amount of any stormwater system development fee actually
previously paid by the landowner or the predecessor of the landowner for connection to
the stormwater system. The System Development Fee shall be $2.88 per square foot of
total impervious area.
(b) The calculation for the credit to be given for property on which the structures
are substantially remodeled or rebuilt shall take into account the amount actually paid for
stormwater system development fees in the records as maintained by the city.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
III the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
ATTACHMENT 2
MEMORANDUM
TO: Mayor and Council
FROM: Trish Aragon, P .E., City Enginee~
THRU: Steve Barwick, City Manager
Bentley Henderson, Assistant City Manager
Phil Overeynder, Director of Public Works
Paul Menter, Finance Director
DATE OF MEMO: May 8, 2007
MEETING DATE: May 14, 2007 Council Meeting
RE: Stormwater Development Fees
SUMMARY: Staff is recommending proceeding with the adoption of an ordinance for the
implementation of the System Development Fee included in the Stormwater Utility Business Plan. The
fee is similar to the City of Aspen's existing water system "tap" fee, in that it constitutes a capital
facilities charge for the City's stormwater utility system. Since it is a fee and not a tax, Council has the
authority to approve its implementation by ordinance.
BACKGROUND: Over the last four years staff has presented to Council systems to manage
stormwater. Council expressed and interest in these systems but wanted to know more about possible
funding options for them. In 2005 Council approved a ballot issue which was subsequently approved
by the voters, which includes one small portion of one of the systems including the Jenny Adair
Wetlands project. In this same year Council approved a contract with AMEC to begin developing a
preliminary rate analysis for a stormwater utility for the City. The preliminary rate analysis was
completed in 2006, after which Council gave approval to proceed with the Stormwater Utility Business
Plan (Plan).
The Plan was completed early this year and presented to Council in a work session on March 20th.
Council then directed Staff to proceed with the recommendations in Plan however they wanted it to
have more of a water quality focus. The Plan has since been modified to reflect Council's direction
from the March 20th work session. The revised plan is included in Attachment A. The stormwater
development fee proposed here is an element of this plan. The fee provides 40% ofthe funding for the
proposed capital improvement program for the City's stormwater system. This fee is more fully
described below.
DISCUSSION: The Plan was created through a cooperative effort. Dr. Bob McGregor, P.E., along
with his team at AMEC created the Plan with input from Staff. The Plan also received input from a
Citizens Review Committee (CRC) the CRC met a total of five times over the last year. The CRC was
Page 1 00
formed to obtain view points from Aspen citizens on stormwater program and funding options. The
CRC included citizens representing diverse interests and backgrounds in the community.
The Plan includes the recommendation of the following sources for a reliable long term funding
program:
I. Dedicated Property Tax. A dedicated property tax would be used to fund the annual
costs of the program plus all ofthe capital program costs except for the costs of the
street drainage and storm sewer system improvements which will be paid through the
collection of System Development Fees. Refer to Attachment B for a list of the capital
costs. The mill levy for the Dedicated Property Tax would be approximately 1.06 mills.
2. System Development Fee (the fee proposed here). A System Development Fee will be
assessed against all properties at the time of development or redevelopment. Due to the
fact that the City has never charged a system development fee for its stormwater system,
the fee is proposed to be charged against the total impervious area, and not just the
increased impervious area resulting from the current development application. Staff
recommends this approach because the recommended capital program is designed to
support both existing as well as increased impervious areas and as noted above, no
previous system development fees have been collected in the City for stormwater
services. The System Development Fee is recommended to be $2.88 per square foot of
proposed total impervious area.
The proceeds from the System Development Fee will be used to pay for the
improvements to the storm sewer collection system. Refer to Attachment C for a map
depicting the capital improvements.
Council has directed Staffto proceed with the steps necessary to take the proposed dedicated property
tax to a ballot measure this November. The System Development Fee, however, can be implemented at
any time. Additionally the CRC supported moving forward with the implementation System
Development Fee. As a result, Staff is recommending proceeding with the adoption of an ordinance for
the implementation of the System Development Fee. The ordinance is included on Attachment D.
FINANCIAL IMPLICATIONS:
Example fees are shown below:
Impervious Area (SF) Svstem Development Fee
Single family 2,500 $7,200
Commercial 10,000 $28,800
Large Commercial 90,000 $259,000
At an annual development/redevelopment rate of 4% of the City's impervious area, this revenue
stream, with subsequent periodic adjustments for inflation, will be sufficient to pay for the
recommended storm system improvements over a 15 year period.
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The proposed fee is forecasted in the Plan to generate $19,000,000 over the coming fifteen years, and is
necessary to maintain and upgrade the City's stormwater facilities to ensure that they are sized
correctly to provide necessary capacity to meet stormwater runoff requirements, irrespective of whether
or not the remainder of the stormwater plan is approved and implemented.
ENVIRONMENTAL IMPLICATIONS: The fee will provide funding for construction of stormwater
facilities which will improve the City's ability to manage storm runoff into the Roaring Fork river,
reducing sediment and pollutant runoff, and generally benefiting the ecology ofthe river, primarily
within the City of Aspen, but also downstream from the City.
RECOMMENDATION: Staff is recommending proceeding with the adoption of an ordinance for the
implementation ofthe System Development Fee included in the Stormwater Utility Business Plan.
ALTERNATIVES: Alternative funding options include: monthly service fee and combination
monthly service fees and property tax and are further described on page 1-10 of Attachment A. All the
alternatives include a System Development Fee. If a System Development Fee is not used to
supplement the alternatives each alternative would include higher costs.
PROPOSED MOTION: "I move to approve Ordinance No. X, Series of2007."
CITY MANAGER COMMENTS:
Attachment A - Stormwater Utility Business Plan Supplemental Report
Attachment B - Summary of Capital Improvements Programs
Attachment C - Map of Capital Improvements Programs
Attachment D - Stormwater Development Fee Ordinance
Page 3 of3
ATTACHMENT A
THE CITY OF AsPEN
Supplemental Report
Stormwater Utility Business Plan
April 2007
Prepared by
ame&
AMEC Earth & Environmental, Inc.
With support from
Fuller Consulting Services
Ed Krisor, Attorney at Law
Table of Contents
1.0
Supplemental Report ....................................................................
1.1 Introduction and Purpose .........................................................
1.2 Compelling Case for Improved Program1-1
1.2.1 Current Program Is not Sufficiently Proactive ................
1.2.2 Current Sources of Funding are too Small and
Unreliable ....................................................................... 1-1
1.2.3 A Stormwater Utility can be a Focal Point for an
Improved Organizational Structure and Adequate
and Reliable Funding .....................................................
1.2.4 The Current Program does not Meet the Water Quality
Management Goals of the City .......................................
1.2.5 The Current Program has not Provided Adequate
Funding to Prepare and Implement the City's
Stormwater Master Plans ...............................................
1.3 Recommendations for Improved Program ...............................
1.3.1 Review of Existing Program and Alternatives ................
1.3.2 Citizens Review Committee Review Process.................
1.3.3 Program Preferred by Citizens Review Committee........
1.3.4 Program Presented to city Council and Current
Recommendations........................................................ .
1.3.5 Recurring Program .........................................................
1.3.6 Capital Improvements Program .....................................
1.4 Recommendations for Funding ................................................
1.4.1 Alternative Funding Programs........................................
1.4.2 Recommended Reliable Funding Programs ..................
1.5 Next Steps............. ...................................................................
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1.0 Supplemental Report
1.1 Introduction and Purpose
AMEC Earth & Environmental (AMEC) submitted to the Aspen City Council a
Stormwater Utility Business Plan (Business Plan) in March 2007. That Business Plan
provided:
1) An independent evaluation of the City of Aspen's stormwater
management program,
2) Recommendations that would define a stormwater management
program that is responsive to the City's emerging needs, and
3) Recommendations for establishing sufficient and reliable funding
sources for the program.
Following a review of the Business Plan, the City Council and staff requested additional
information concerning possible modifications to the Business Plan that would place
greater emphasis on mitigating the adverse water quality impacts of urban stormwater
on the Roaring Fork River.
The purpose of this Supplemental Report is to describe the major program elements,
identify the costs, and calculate the appropriate Service Fees, Dedicated Taxes, and
System Development Fees for such a program. This revised program is referred to as
Option 4 and it includes an Advanced Water Quality Management Program and a
Moderate Flood Control Program.
AMEC recommends the adoption of the Option 4 Program to be supported by revenues
from a Dedicated Tax and System Development Charges.
1.2 Compelling Case for Improved Program
1.2.1 Current Program is not Sufficiently Proactive
The current stormwater management program in the City of Aspen is administered by
the Engineering, Public Works, Parks, Community Development and other departments.
These departments cooperate with one another to provide a variety of services.
These services, however, are mostly reactive in nature and are provided largely in
response to requests from citizens, corrections to nuisance flooding conditions after they
have occurred, or in response to a request to review the drainage design for a proposed
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development. Although this has proven to be an economically efficient process, it does
lead to some discontinuities in system planning and it makes it more difficult to look
ahead and anticipate problems in the system that could be corrected before damages
occur. It also makes it difficult to plan for and advocate an effective CIP program during
the annual General Fund budgeting process.
1.2.2 Current Sources of Funding are too Small and Unreliable
The funding for the current stormwater program is provided out of the City's Parks Fund
and General Fund and must compete each year with other priorities within the City for
funding.
This situation has made it difficult to meet all of the emerging requirements for managing
stormwater runoff, particularly as it relates to the management of the water quality of the
discharges into the Roaring Fork River, Castle Creek Maroon Creek and Hunter Creek.
It has also made it difficult to schedule and complete the capital improvements that have
been identified as necessary in a previous Master Plan.
1.2.3 A Stormwater Utility can be a Focal Point for an Improved Organizational
Structure and Adequate and Reliable Funding
A stormwater utility can serve as an umbrella under which existing departments and
personnel could provide an enhanced level of stormwater management services. It
would not require the formation of a new department, but would provide a focal point for
accomplishing the following goals:
1) Coordination of responsibilities that were previously dispersed among
several departments and divisions,
2) Generation of funding that is adequate, stable, equitable and
dedicated solely to the storm water function. and
3) Development of programs that are comprehensive, cohesive and
consistent year-to-year.
1.2.4 The Current Program does not Meet the Water Quality Management Goals
of the City
The management of the quality of stormwater runoff is growing in importance nationally.
It is no different in the Aspen area.
Local studies have identified a strong technical basis for concern about the adverse
effects of urban stormwater runoff on the quality of the Roaring Fork River and its
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tributaries as they pass through the urbanized areas of the City (Roaring Fork
Conservancy State of the Watershed Report, 2005 and Roaring Fork Stream Health
Initiative, 2006). A copy of this report was included as Attachment B to the February
2007 Business Plan.
It is generally understood that stormwater discharges from the Aspen Mountain
watershed and the urbanized areas in the vicinity of Aspen have contributed increasing
levels of sediment discharges and other pollutants such as heavy metals and toxic
organics to the Roaring Fork River.
The adverse effects of these discharges are exacerbated by the loss of riparian
vegetation as a result of the development and channelization of the riparian areas along
the Roaring Fork River. The reduced river flows due to diversions from the river further
compounds the problem. Among the "Hot Spots" identified for remediation are the storm
water discharge culvert at the Mill Street Bridge and the inadequate storm water
treatment pond at Jenny Adair Park. The recommended mitigation measures indude the
creation of a functioning wetland at Jenny Adair Park and multiple improvements in Rio
Grande Park to remove urban pollutants from the stormwater.
Figure 1.1 illustrates the quality of the water in Jenny Adair Pond and at the Mill Street
storm sewer outfall and the visual impacts of these discharges on the Roaring Fork River
following a stormwater runoff event.
There also appears to be an interest on the part of the citizens to improve the
management of stormwater quality as evidenced by the recent public vote to support the
funding for the construction of the Jenny Adair stormwater quality improvement system.
This is further evidenced by the opinions expressed by the Citizens Review Committee
(CRC) formed to provide input to this business plan.
1.2.5 The Current Program has not Provided Adequate Funding to Prepare and
Implement the City's Stormwater Master Plans
WRC Consulting Engineers made recommendations in a 2001 Surface Drainage Master
Plan (2001 Master Plan) for improving the City's storm sewer system and the quality of
stormwater discharges to the Roaring Fork River. Alternative 3 of the 2001 Master Plan
was accepted as the preferred alternative in a study session by City Council. To date,
none of the improvements have been funded except for water quality related
improvements in Jenny Adair Park that were funded as a result of a special election
rather than annual appropriations from the General Fund. The Master Plan was updated
in 2006 (Updated Master Plan) to reflect the funding of the Jenny Adair Park
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Jenny Adair Pond
Mill Street Storm Sewer
Roaring Fork River below Jenny Adair
Roaring Fork River below Mill Street Discharge
Figure 1.1: Impacts of Storm water Discharges on
Jenny Adair Park and the Roaring Fork River
improvements and to refine the costs for the additional needs in Jenny Adair Park, the
Mill Street discharge, Rio Grande Park, and the storm sewer collection system.
The needs identified in the Updated Master Plan are real and it is likely that other areas
of the City will also require improvements to meet the water quality and flood
conveyance goals of the City. The costs for the City-wide improvements have been
defined at a conceptual level. The proposed master planning process will produce more
refined cost estimates and will establish a well-defined set of priorities for the different
needs.
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1.3 Recommendations for Improved Program
1.3.1 Review of Existing Program and Alternatives
The stormwater management problems and priorities for the City of Aspen were
reviewed based upon:
1) Discussions with City staff,
2) Discussions throughout the CRC meetings,
3) Typical stormwater management practices in communities similar in
size to Aspen,
4) Emerging national and statewide stormwater management practices
and requirements,
5) Reviews of alternative mechanisms for providing long term reliable
funding sources for an effective stormwater management program,
and
6) AMEC'sprofessional judgment and experience.
The costs for the City's Current Program were identified. The costs for optional
programs described as Moderate (Option 1) and Advanced (Option 2) Programs were
then developed.
The Option 1 Moderate Program included stormwater management activities consistent
with typical programs in other municipalities of the same size. It also includes special
program elements to improve the water quality of the stormwater discharges from the
Aspen Mountain Basin.
The Option 2 Advanced Program included the same features as the Moderate Program
plus sufficient funds to address water quality and flood conveyance issues in the balance
of the City. The Advanced Program option also included costs for the City's share of a
comprehensive program for addressing the potential mudslide issues from Aspen
Mountain. The City's financial contributions toward mitigating the mudslide risk would
represent about 25% of the overall funds needed for the improvements on Aspen
Mountain with the balance coming from local property owners, and federal and state
sources.
1.3.2 Citizens Review Committee (CRC) Process
The CRC was formed to obtain input from Aspen citizens on stormwater program and
funding options. The CRC included citizens representing diverse interests and
backgrounds in the community. A list of the CRC participants and meeting minutes are
included in Attachment D in the February 2007 Business Plan.
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The CRC met four times throughout August and September and discussed various
issues in the following sequence:
1.3.3 Program Preferred by CRC
It was the consensus of the CRC that the City would benefit from an improved
stormwater management program that places more emphasis on managing water
quality. The CRC also favored modifications to the City's organizational structures that
would provide:
1) a more consolidated focus for the management of the program,
2) a substantially more aggressive water quality management program,
3) an improved program that is less ambitious in constructing storm
sewers than specified by the Master Plan, and
4) reliable and adequate funding sources to support the program.
1.3.4 Program Presented to City Council and Current Recommendations
In response to the input from the CRC, AMEC developed a third optional program
referred to as the Modified Moderate Program (Option 3).
Option 3 is fiscally more conservative than the Option 1 Moderate Program presented to
the CRC. but retains the water quality focus favored by the CRC and the storm sewer
improvements recommended by the Updated Master Plan. It included an improved
street sweeping program to improve the quality of the runoff from the City's streets, a
more advanced water quality monitoring program, and a water quality education
program for staff, residential property owners and commercial property owners for
improved site design and the management of stormwater discharges from their
properties.
Option 3 also included the appointment of one staff member whose primary focus would
be the implementation of the program. The services for the program would continue to
be provided by staff from within existing City departments.
Following a discussion of the various options with City Council, it was concluded that it
would be appropriate to consider a more aggressive water quality program to mitigate
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the adverse water quality impacts of the runoff from urban areas on the water quality of
the Roaring Fork River. These discussions lead to the development of Option 4 that
would be appropriately described as an Advanced Water Quality Program and a
Moderate Flood Control Program.
The features of Option 4 include:
1) Recurring Program. This Option 4 Program includes all of the
features of what has been previously described as a Moderate
Recurring Program. This would allow the City to properly operate and
maintain its existing infrastructure. It would also provide sufficient
funds for enhanced water quality education programs, proper reviews
and inspections of new developments, more extensive water quality
monitoring, and maintenance of the new capital improvements that
will be required for an Advanced Water Quality Program, and
2) Capital Improvements Program. This Option 4 Program includes an
enhanced capital improvements program that adds mechanical
sediment removal structures in each of the 5 urbanized basins in the
City. These sediment removal structures would be integrated into the
storm sewer infrastructure in the central parts of the City and the
roadside ditches in the other parts of the City. These structures would
extend the life of and improve the performance of the water quality
management facilities planned for Jenny Adair and Rio Grande Parks
and other wetland systems throughout the City.
Funds have also been budgeted to upgrade the deteriorating storm
sewers in the Aspen Mountain Basin from corrugated metal pipe to
reinforced concrete pipe to extend the life of this critical infrastructure.
The program also includes a comprehensive master planning program
that will establish in more detail a comprehensive capital
improvements program for the City and establish the priorities for the
construction of those improvements. It will also establish a water
utility surcharge for the water that is used for snowmaking purposes
and causes additional runoff from Aspen Mountain. A comprehensive
Drainage Design Criteria Manual will also be prepared to provide
guidance for City staff and developers for designing the water quality
management features that will be required to successfully implement
an Advanced Water Quality Program.
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1.3.5 Recommendations for Recurring Program
AMEC recommends the implementation of Option 4 that will provide an Advanced Water
Quality Program and a Moderate Food Control Program. The estimated annual costs for
the various options for the Recurring Program are summarized in Table 1.1.
Table 1.1: Summary of Costs for Optional Recurring Programs
(July 2006 Dollars)
Routine Maintenance $213,000 $455,300 $525,300 $255,000 $455,300
Remedial Repair and $30,000 $183.000 $250.000 $148,000 $183,000
Re lacement
Plans Review, Inspection, and
Enforcement $71,000 $136.500 $286.500 $136,500 $136,500
Water Quality Monitoring,
Studies. and Trainin $12,000 $30,000 $180,000 $60,000 $60,000
General Administration $10.000 $35.000 $36.000 $25,000 $25,000
Total Initial Year $336,000 $839,800 $1,277,800 $624,500 $859,800
Maintenence for New CIP $44,000 $253.500 $306,000 $232,500 $357,900
Total at Program Buildout $380,000 $1,093,300 $1,583,800 $857,000 $1,217,700
1.3.6 Capital Improvements Program
AMEC recommends the implementation of the Option 4 CIP that has the features of an
Advance Water Quality Program and a Moderate Flood Control Program. The major
components of the Recommended CIP Program as well as the options considered are
summarized in Table 1.2.
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Table 1.2: Summary of Costs for Optional Capital Improvements Programs
(July 2006 Doliars)
Flood Control
Storm Sewer Upgrades, Aspen
Mtn Basin $0 $3.800.000 $3,800.000 $3.800,000 $5,000,000
Street Drainage Corrections.
As en Mtn Basin $1,900,000 $3,200,000 $3,200,000 $3,200,000 $3,200,000
Street Drainage Corrections.
Other Basins $0 $1,300,000 $1,300,000 $1,300,000 $1,300,000
As en Mtn Mud Flow Control a $0 $100,000 $3,000.000 $100.000 $100,000
Subtotal Flood Control $1,900,000 $8,400,000 $11,300,000 $8,400,000 $9,600,000
Water Qualit Mana ement
Rio Grande Park Misc.
1m rovements $0 $3.100,000 $3,100,000 $3.100,000 $3,100,000
Headgate, Freshwater Supply
Rio Grande Park $0 $100,000 $100,000 $100,000 $100,000
Additional Jenn Adair Wetlands $560.000 $500,000 $500.000 $500,000 $500,000
Other Wetlands $656,000 $600,000 $600,000 $600,000 $1,200,000
Remaining City of Aspen Mise
1m rovements $0 $3.900,OOO $4.300,000 $2.600,000 $2,600,000
Mechanical Sediment Removal
Structures $0 $0 $0 $0 $1,423,000
Subtotal
Water Qualit Mana ement $1,035,000 $8,200,000 $8,600,000 $6,900,000 $8,923,000
Master Plans, Design Manual
and S ecial Rate Sellin
Master Plans for Drainageways
> 100 Acres $0 $300,000 $500.000 $200.000 $525,000
Draina e Desi n Manual $120,000
Set Rate Surcharge for Snow
Makin Extra Runoff $25,000
Subtotal Master Plannin $0 $300,000 $500,000 $200,000 $670,000
Total Potential CIP Pro ram $2,935,000 $16,900,000 $20,400,000 $15,500,000 $19,193,000
(a) risk assessment and feasibility studies only
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It should be noted that the Recommended CIP Program includes approximately
$3,800,000 in storm sewer improvements that were the preferred alternative in the City's
Master Plan. This system is needed to convey stormwater flows to the Jenny Adair and
Rio Grande Parks for water quality management and to convey at least the 1 O-year flood
within the storm sewers in the Aspen Mountain basin except for the Francis Street
improvements which would have a less than 10-year flood capacity. It would also
include $1,200,000 to convert the deteriorating corrugated metal pipe storm sewers in
the Aspen Mountain Basin to a more standard design consisting of reinforced concrete
pipe that will have a more extended life for this critical infrastructure.
The final selection of the improvements to be funded will be made based on the results
of an ongoing master planning process that will identify needs and set priorities for
accomplishing water quality goals and safely conveying stormwater through the City.
Those projects that are ranked with the highest priority could be funded for early
construction using debt financing. Those projects that have a lower priority could be
constructed on a "pay as you go' basis as funds are available over a 15-year period.
1.4 Recommendations for Funding
1.4.1 Alternative Funding Programs
AMEC evaluated a wide range of funding scenarios to support the recommended
program:
1) Monthly Service Fee plus a System Development Charge,
2) Combination of a Monthly Service Fee and a Dedicated Property Tax plus a
System Development Charge, and
3) Dedicated Property Tax plus a System Development Charge.
Table 1.3 compares the monthly costs for various property owners for each program
option and each funding scenario.
The System Development Fees are included in each funding scenario. They would be
collected from both redeveloped and new developed properties when the development
occurs. The System Development Fees would be sufficient to pay for all the proposed
capital improvements on a pay as you go basis over a 15-year period.
This is a more ambitious program than was assumed in previous estimates, thereby
reducing the relative reliance on Service Fees and a Dedicated property Tax to pay for
the costs of the programs. These revised costs are reflected in Table 1.3. In
subsequent years. the System Development Fees could be used to pay for other
additional capital improvements identified through the master planning process.
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Continued
Current Pro ram: General Fund Pro ert Tax
Typical West End Single Family Residence
3,500 s It 1m I $182,000 Assessed
Median Size Single Family Residence
2,500 s It 1m I $95,000 Assessed
Lacet Court Affordable Housing
2.500 s It 1m I $22.565 Assessed
Burlingame Affordable Housing
980 s It 1m Est I $8.500 Assessed
Ciark's Market
4,200 s It 1m I $483,980 Assessed
Jerome Hotel
41.600 s It 1m I $8.343.820 Assessed
Pro ram 0 tion 1: Moderate Water Qual;t and Flood Control Pro
Typical West End Single Family Residence
3.500 s It 1m I $182.000 Assessed $18.03 $7.93
Median Size Single Family Residence
2.500 s It 1m I $95.000 Assessed $12.88 $5.66
Lacet Court Affordable Housing
2.500 s It 1m I $22,565 Assessed $12.88 $5.66
Burlingame Affordable Housing
980 s It 1m Est I $8.500 Assessed $5.05 $2.22
Clark's Market
4.200 s It 1m I $483.980 Assessed $21.63 $9.52
Jerome Hotel
41.600 s It 1m I $8.343,820 Assessed $214.25 $94.24
$9.71
$5.07
$1.20
$0.45
$25.81
$445.00
rams
$6.87 $14.80 $12.27
$3.59 $9.25 $6.40
$0.85 $6.51 $1.52
$0.32 $2.54 $0.57
$18.27 $27.79 $32.63
$315.06 $409.30 $562.49
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Continued
Pro ram 0 lion 2: Advanced Water Qualit and Flood Control Pro rams
Typical West End Single Family Residence
3.500 s It 1m I $182.000 Assessed $26.22 $8.42 $12.12 $20.54 $17.85
Median Size Single Family Residence
2.500 s It 1m I $95,000 Assessed $18.73 $6.02 $6.32 $12.34 $9.32
Lacet Court Affordable Housing
2.500 s It 1m I $22.565 Assessed $18.73 $6.02 $1.50 $7.52 $2.21
Burlingame Affordable Housing
980 s It 1m Est I $8,500 Assessed $7.34 $2.36 $0.57 $2.93 $0.83
Clark's Market
4,200 s It 1m I $483,980 Assessed $31.47 $10.11 $32.22 $42.33 $47.47
Jerome Hotel
41.600 s It 1m I $8.343,820 Assessed $311.69 $100.11 $555.49 $655.60 $818.31
Pro ram 0 tion 3: Modified Moderate Water Qualil and Flood Control Pro rams
Typical West End Single Family Residence
3.500 s It 1m I $182.000 Assessed $13.66 $3.57 $6.87 $10.44 $9.30
Median Size Single Family Residence
2.500 s It 1m I $95.000 Assessed $9.76 $2.55 $3.59 $6.14 $4.85
Lacet Court Affordable Housing
2.500 s It 1m I $22.565 Assessed $9.76 $2.55 $0.85 $3.40 $1.15
Burlingame Affordable Housing
980 s It 1m Est I $8.500 Assessed $3.83 $1.00 $0.32 $1.32 $0.43
Ciark's Market
4.200 s It 1m I $483.980 Assessed $16.40 $4.28 $18.27 $22.55 $24.73
Jerome Hotel
41.600 s It 1m I $8.343.820 Assessed $162.40 $42.40 $315.06 $357.46 $426.37
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Table 1.3: Comparison of Monthly Costs to Property Owners
for Each Program Option and Each Funding Scenario, Concluded
Pro ram 0 tion 4: Advanced Water Qualit Pro ram and Moderate Flood Control Pro
Typical West End Single Family Residence
3,500 sq It Imp! $182.000 Assessed $19.44 $9.35 $6.87 $16.22
Median Size Single Family Residence
2.500 sq It Imp! $95.000 Assessed $13.89 $6.68 $3.59 $10.27
Lacet Court Affordable Housing
2.500 sq It Imp! $22,565 Assessed $13.89 $6.68 $0.85 $7.53
Burlingame Affordable Housin9
980 sq It Imp (Est)! $8,500 Assessed $5.44 $2.62 $0.32 $2.94
Clark's Market
4.200 sq It Imp! $483.980 Assessed $23.33 $11.22 $18.27 $29.49
Jerome Hotel
41,600sqIt Imp/$8.343,820Assessed $231.11 $111.11 $315.06 $426.17 $6jJ~70
In the Service Fee Only Scenario, the Service Fees would be sufficient to pay for the
costs of the Recurring Program plus any debt financing costs for the accelerated
portions of the Capital Improvements Program.
In the combined Service Feel Dedicated Property Tax Scenario, the Dedicated Property
Tax would pay for any debt financing costs for the accelerated portions of the Capital
Improvements Program and the Service Fees would pay for the balance of the program
costs.
In the Dedicated Property Tax Only Scenario, the Dedicated Property Tax would be
sufficient to pay for the costs of the Recurring Program plus any debt financing costs for
the accelerated portions of the Capital Improvements Program.
As can be seen from Table 1.3, funding scenarios that include a dedicated tax tend to
shift the burden for paying for the stormwater management program from the residential
to the commercial properties. This shift is due primarily to higher the higher ratio of
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assessed value to market value for commercial properties when compared with
residential properties.
1.4.2 Recommended Reliable Funding Program
AMEC recommends the adoption of the following sources for a reliable long term funding
program:
1) Dedicated Properly Tax. A dedicated property tax would be used to fund the
Recurring Program plus the financing costs for the accelerated portion of the
CIP. The mill levy for the Dedicated Property Tax would be approximately 0.87
mills based on the 2006 properly assessed values.
A Dedicated Property Tax would be a reliable source for funding an improved
stormwater management program. It can be easily understood by the general
public and would be the least administratively expensive funding option to
implement. It would require a general election for approval.
Although a Dedicated property Tax may be viewed as less equitable than a fee
structure that is based on impervious area since it shifts some of the economic
burden away from the residential to the commercial properties. This shift,
however, may be more consistent with the overall municipal services funding
policies of the City.
The Dedicated Property Tax could be reduced following the repayment of the
debt used to construct the higher priority CIP projects. or it could be continued at
it is initial rate to construct additional CIP projects beyond those identified in this
business plan.
2) System Development Fee. A System Development Fee would be assessed
against all properties at the time of development or redevelopment. The fee
would be assessed against total impervious area. not simply the increased
impervious area. This is because no previous system development fees have
been collected in the City for stormwater services and the recommended CIP
program is designed to support both existing as well as increased impervious
areas. The Recommended System Development Fee would be $2.88 per
square foot proposed total impervious area.
The proceeds from the System Development Fee would be adequate to pay for
the proposed capital improvements on a Pay as You Go basis over a 15-year
period. with subsequent adjustments for inflation, at an annual
development/redevelopment rate of 4% of the City's impervious area.
April 2007
Page 1-14
ame&
iii
Supplemental Report
Stormwater Utility Business Plan
lillOl)lJl.A'>lu.
1.5 Next Steps
The next steps in the process for the implementation of an enhanced stormwater
management program supported by a sufficient and reliable funding source include:
1) Review of AMEC recommendations by City Council
2) Decisions on the part of the City to determine preferences for stormwater
management program:
a) Organization
b) Recurring Program
c) CIP Program
d) Funding
3) Set referral election to consult with public on key issues
4) Establish Dedicated Tax, and
5) Continue Consultations with Citizens Review Committee.
Each of these steps is a necessary part of the process to fully define an enhanced
stormwater management program and to obtain the support form the public for such a
program. It is possible that a referral election could take place in 2007. It would be
prudent for the City to make several decisions concerning the program prior to an
election so that the election would be on a specific program with a well-defined funding
source.
April 2007
Page 1-15
amecfJ
ATTACHMENT B
ifili
Supplemental Report
Stormwater Utility Business Plan
THfClnofA<;/l-lo!
Table 1.2: Summary of Costs for Optional Capital Improvements Programs
(July 2006 DOllars)
Flood Control
Storm Sewer Upgrades. Aspen
Mtn Basin $0 $3,800,000 $3,800,000 $3,800,000 $5,000,000'
Street Drainage Corrections,
As en Mtn Basin $1,900,000 $3,200,000 $3.200,000 $3,200.000 $3,200,000'
Street Drainage Corrections,
Other Basins $0 $1,300,000 $1,300.000 $1,300.000 $1 300,000
As en Mtn Mud Flow Control a $0 $100,000 $3,000,000 $100,000 $100,000
Subtotal Flood Control $1,900,000 $8,400,000 $11,300,000 $8,400,000 $9,600,000
Water Qualit Mana ement
Rio Grande Park Misc.
1m rovements $0 $3.100,000 $3,100,000 $3,100.000 $3,100,000
Headgate, Freshwater Supply
Rio Grande Park $0 $100.000 $100,000 $100.000 $100,000
Additional Jenn Adair Wetlands $560.000 $500.000 $500,000 $500,000 $500,000
Other Wetlands $656,000 $600,000 $600,000 $600.000 $1,200,000
Remaining City of Aspen Mise
1m rovements $0 $3,900,000 $4.300.000 $2.600,000 $2,600,000
Mechanical Sediment Removal
Structures $0 $0 $0 $0 $1423000
Subtotal
Water Qualil Mana ement $1,035,000 $8,200,000 $8,600,000 $6,900,000 $8,923,000
Master Plans, Design Manual
and S ecial Rate Sellin
Master Plans for Drainageways
> 100 Acres $0 $300.000 $500,000 $200,000 $525,000
Draina e Desi n Manual $120,000
Set Rate Surcharge for Snow
Makin Extra Runoff $25,000
Subtotal Master Plannin $0 $300,000 $500,000 $200,000 $670,000
Total Potential CIP Pro ram $2,935,000 $16,900,000 $20,400,000 $15,500,000 $19,193,000
(a) risk assessment and feasibility studies only
. Paid by System Development Fee
April 2007 Page 1-9 ame&
ATTACHMENT C
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ATTACHMENT D
ORDINANCJ<.; NU.
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CHAPTER 25.18 OF TITLE 25 OF THE ASPEN
MUNICIPAL CODE FOR THE ADDITION OF A NEW STORMW ATER SYSTEM
DEVELOPMENT FEE
WHEREAS, the City's Stormwater Management Plan identifies deficiencies III the
condition and capacity of its existing drainage system, and
WHEREAS, it is in the City's interest to protect its infrastructure, the environment, and the
ecology of the Roaring Fork River from the effects of stormwater runoff, and
WHEREAS, a stormwater system development fee will generate an estimated $19 million
over fifteen years for use in improving the City's existing drainage system related to
development and redevelopment of property within the boundaries of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
Chapter 25.18 of Title 25 of the Aspens Municipal Code is hereby amended to read as
follows:
Sec. 25.18.01 0 Definitions.
For the purposes of this Title certain words or phrases are defined as follows:
(a) Development. The proposed development creates at least 200 square feet of
new impervious area.
(b) Redevelopment. The proposed development disturbs at least 200 square feet of
the existing impervious area.
Sec.25.18.020 Stormwater System Development Fee.
(a) A Stormwater System Development Fee shall be assessed against all
properties at the time of development or redevelopment of the property. The fee shall be
assessed against the total impervious area of the development, not simply the increased
impervious area, minus the amount of any stonnwater system development fee actually
previously paid by the landowner or the predecessor of the landowner for connection to
the stonnwater system. The System Development Fee shall be $2.88 per square foot of
total impervious area.
(b) The calculation for the credit to be given for property on which the structures
are substantially remodeled or rebuilt shall take into account the amount actually paid for
stonnwater system development fees in the records as maintained by the city.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
III the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
1[[ d.
MEMORANDUM
TO: Mayor and Council
FROM: Trisha Coyle, P.E. Engineering Department1t-L-
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E. City Engineer
DATE OF MEMO: May 22, 2007
MEETING DATE: May 29,2007
RE: Construction Management Plan Requirements
SUMMARY: To formalize adoption of Ordinance 23, Series of2007 - Construction
Management Plan (Attachment A).
An amendment was made to Ordinance 23 after first reading changing section 8.56.10 first
sentence to read Pursuant to the powers and authority conferred by the Charter of the City of
Aspen, there is hereby adopted and incorporated herein by reference as if fully set forth those
regulations contained in the Construction Management Plan Requirements Manual, as may be
amended from time to time by the City Engineer.
An addition was made to the CMP Manual after first reading adding paragraph two in section 3.2
to read The above notification shall specifically be distributed to neighbors located within 300
feet of the project property.
BACKGROUND: Currently, construction management plans are required for large construction
projects according to a 2005 form called Components of a Construction Management Plan (See
Attachment B).
New Construction Management Plan requirements would be required for all commercial,
industrial, residential and mixed use developments in the City of Aspen that disturb 1000 SF of
soil or greater and/or have greater than 400 SF of demolition (exterior or interior).
A draft manual was completed in March and presented to Council in a work session on March
27th (See Attachment C). Council then directed Staff to proceed with the working document
making changes as requested. Staff brought a revised manual to a second work session on April
l7'h (See Attachment D) in which additional discussions occurred. Such discussions that have
been addressed within this document includes:
1
. The establishment, enforcement and evaluation of hauling routes as they pertain to large
scale construction.
. Providing council with a staff recommendation regarding the restriction of construction
hours
. The creation of construction free days that would be based on "Aspen Holidays" was
discussed, and could include Memorial Day, Labor Day, and the winter Holiday's.
. The creation of tighter time frame requirements especially within residential zone districts
in an effort to decrease the impact of continual construction in residential areas was also
addressed.
DISCUSSION: The Construction Management Plan Requirements Manual has been included as
Attachment E.
FINANCIAL IMPLICATIONS: As directed by council, staff has researched the implications
of hiring additional Construction Mitigation Officers as shown below.
Level of Number of Description of Services Cost Associated -
Service Construction (general & number of visits based on Including Salary,
Mitigation project type) Benefits, & office
Officers misc.
I (existing) 1 Reactionary management of projects. $75,000
Green - Zero, Blue - Once/week, Black -
Dailv
II 2 Proactive management of projects. Green $170,000*
- Once/week, Blue - Daily, Black
TwicelDav.
11+ 2.5 Proactive management of projects. This $210,000*
option includes half-time devoted to City
projects. Green - Once/week, Blue-
Daily, Black TwicelDay. Coverage to
include all operating hours including
Saturdavs.
III 3 Proactive management of projects. This $245,000*
option includes half-time devoted to City
projects, Green - Twice/week, Blue-
Daily, Black - Twice/daily. Coverage to
include all operating hours including
Saturdavs,
*Includes additional transportation needs of about $20,000
ENVIRONMENTAL IMPLICATIONS: The environmental benefit ofa CMP is decreased
pollution from the Aspen's construction projects. With specific controls on traffic, emissions,
soil erosion, fugitive dust, solid waste, and noise, pollution of our air, water, peace of mind and
land is reduced.
2
By setting a limit on emission opacity, the CMP addresses smoking or "dirty" engines, which are
not properly maintained. It reduces visible smoke from vehicles and equipment, which reduces
particulate pollution but not other pollutants, such as NOx and Hydrocarbons. Options for
reducing these emissions to a greater degree are limited and will have to wait for new federal
standards that require better technology at the point of sale for diesel engines.
With a specific section on noise suppression and limited hours for work that is over 80 decibels,
neighbors near construction projects will gain peace and quiet during the early morning hours
and weekends. Excessive noise can cause hearing loss, sleep disturbance, increased heart rate,
and increase in blood pressure, irritability, and a host of other effects.
The mitigation and reduction standards in the CMP provide the most benefit for Aspen's
environmental health. The impacts from construction traffic are far reaching, a significant health
hazard, and a major contributor to global warming. One example of a lodging project illustrates
the seriousness of this issue:
The project forecasts that it will need, during the excavation alone, 80 trucks per
day for three months. This is just for the hauling dirt. The concrete phase will
require 60 trucks per day for an unspecified period of time.
Such projects are huge and require massive amounts of dirt removal and concrete work and thus
large numbers of trips that - even if cleaner fuels are used - kick up enormous amounts of PM-
10, produce significant amounts of carcinogens, and contribute significantly to global warming.
By requiring 50% trip reduction, these impacts will be greatly reduced.
The CMP does not have a negative impact to the environment.
RECOMMENDATION: Staff recommends that the proposed construction management plan
requirements manual and associated ordinance be approved by council. The council should also
direct staff with how many Construction Mitigation Officers should be hired.
PROPOSED MOTION: I move to approve "Ordinance No. 23, Series of 2007"
'""
A - Ordinance No. 23, Series of2007 - Construction Management Plan
B - Components of a Construction Management Plan
C - Work Session Memo March 27,2007
D - Work Session Memo April 17, 2007
E - Construction Management Plan Requirements Manual - May 2007
3
ORDINANCE NO.
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND TITLE 8 OF THE ASPEN MUNICIPAL CODE TO
ADD A NEW CHAPTER 8.56, "CONSTRUCTION MANAGEMENT PLAN."
WHEREAS, the City intends to insure the high quality construction within the City of
Aspen.
WHEREAS, the City intends to minimize impacts of such construction to surrounding
property owners and neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
Title 8 of the Aspens Municipal Code is hereby amended to add a new Chapter 8.56 entitled
"Construction Management Plan" which Chapter shall read as follows:
CHAPTER 8.56
CONSTRUCTION MANAGEMENT PLAN
Sec.8.56.10 Adoption of Construction Management Plan.
Pursuant to the powers and authority conferred by the Charter of the City of Aspen, there is
hereby adopted and incorporated herein by reference as if fully set forth those regulations
contained in the Construction Management Plan Requirements Manual, as may be amended
from time to time by the City Engineer. At least one (1) copy of the aforementioned Manual
shall be available for public inspection at the City of Aspen Community Development
Department and Engineering Department.
Sec. 8.56.20 Applicability.
This section shall apply to all construction and development activity within the City of
Aspen as per the Construction Management Plan Requirements Manual.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
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
ATTACHMENT A
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
III the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
.
THE CITY OF ASPEN
COMPONENTS OF A
CONSTRUCTION MANAGEMENT PLAN
For large construction projects, the City of Aspen requires that the Contractor submit a Construction Management Plan (CMP) consisting
of the information listed below. One copy of the CMP is to be kept on-site for use by the Contractor. A second copy will be kept by the
City Building Department and a third copy sent to the City Engineer's office. During construction, the Contractor may submit revisions
and amendments to the CMP to the City for review and approval.
1. Proiect Timina, Phasina and Staaina Areas
1.1 Schedule: Provide a list of major construction activities and tentative dates.
1 Phasing: If applicable, show project phasing.
2 Parkina Manaaement
2.1 Parkino and Emeraencv Access Plan: Include a copy of proposed City Construction Staging Area, Parking, and Emergency
Access Management Plan' that is available on the 3' floor of City Hall. As required, include a copy of the site plan that shows
staging, construction trailers, and material storage.
2.2 Parking and Deliveries Plan: On a site plan: (i) Show the location of construction parking on-site and around the site. (ii) Show the
location far delivery parking and vehicles waiting to unload (including those for steel and pre-cast concrete and cement). (iii)
Delineate locations that will remain clear for emergency vehicle access.
2.3 Ordinance 35: Include in the CMP a copy of City CXdinance #35 relating to emergency access
1 Laroe Proiects: For large projects, the City Parking Department may require additional information.
2 Haul Routes and Traffic Control Measures
3.1 Haul Routes: Provide a map showing haul routes that have been previously approved by the City Engineer. (Contractor
needs to provide a map sh'owing permitted haul routes to truckers.)
3.2 Weioht and Size Limitations: Define the weight and size limitations of vehicles that will visit the construction site.
3.3 Schedule of Deliveries: (i) Define the maximum number of delivery vehicles that will be on-site at a time. (ii) Define the hours per day
of material delivery. Note if cerlain work will require exceptions to delivery schedule.
1 Traffic Control Plan: Provide a 'Traffic Control Plan' developed by a certified Traffic Control Supervisor (TCS). Several
traffic control site plans may need to be included in the CMP to show traffic control measures relating to a range of construction activities.
At a minimum, the plan needs to shaw the (i) access to the site, (ii) street and site signage and barricades related to traffic and
pedestrian control, (iii) construction traffic control related to peak traffic times and special events, (iv) traffic flagging, and (v) the
continued involvement of the certified Traffic Control Supervisor throughout the duration of the project.
2 Storm Water Manaaement. Erosion Control and Fuaitive Dust Control
4.1 State Storm Water and Fugitive Dust Permits: For projects that disturb more than an acre, provide a copy of the project's
approved State Storm Water and Fugitive Dust Permits.
4.2 Fuoitive Dust Control Plans: Provide a description of measures that will be implemented daily to reduce the generation of
dust from the site.
4.3 Erosion Control: Provide a site plan showing the location of erosion control measures, drainage pattems, and details of the
erosion control structures. Describe how erosion control measures will be regularly maintained.
1 Mud Racks: On the erosion control plan, show the location of mud racks, the location of water for washing tires, and the
retention of the wash water.
2 Contractor Conta ct Person
5.1 List the contact persons responsible for ensuring compiiance with City regulations, safety, and the CMP. For each contact
person, provide their (i) name, (ii) employer and position, (iii) responsibility relating to implementing the CMP, and (Iv)
phone numbers and e-mail address.
7-17-05 version
ATTACHMENT B
MEMORANDUM
TO: Mayor and Council
FROM: Trisha Coyle P.E., Engineering Department
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon P.E., City Engineer
DATE OF MEMO: March 23,2006
MEETING DATE: March 27,2006
RE: Construction Management
SUMMARY: An integral step in improving construction management practices is to create
construction management plan (CMP) requirements for the majority of construction projects
occurring in the City of Aspen. The CMP requirements establish rules and guidelines for project
management prior to construction.
DISCUSSION: Currently construction management plans are required by the Community
Development department for large construction projects. The new CMP requirements would
classify projects more specifically as follows:
Green = No site disturbance occurs = No CMP needed
Blue = Less than 1500 SF of site disturbance = Blue CMP Rules
Black = Equal to or greater than 1500 SF site disturbance = Black CMP Rules
Staff recommends including the following items in the CMP Black requiremeuts:
. Public notification of project status occurs via website, newspaper, etc at least monthly.
. A construction project sign must be developed and posted.
. All project contact personnel must be specified in the plan - including Traffic Control
and Erosion Control Supervisors.
. A pre-construction meeting must occur -neighbors to the project will also be invited.
. Location of job site vehicles, staging and emergency access routes specified.
. Projected transportation needs ofproject - trips/day/number of days.
. Mitigate number of vehicles trips by 30%
. Tower crane requirement for commercial projects that have little or no setbacks.
. Mandatory construction recycling.
. City designated haul routes - yet to be established.
. Idling Vehicles not allowed for more than 15 minutes.
A TT ACHMENT C
. Complete Traffic Control Plan, prepared by Certified Traffic Control Supervisor, shall be
submitted.
. A Storm water Pollution Prevention Plan shall be submitted for ALL projects according
to Colorado Dept of Public Health and Environment Water Quality Control Division
General Permit Part lB.
. Fugitive Dust Control Plan must be developed according to Colorado Department of
Public Health and Environment.
. Emissions from diesel powered vehicles shall be of a shade or density no darker than
40% opacity, except for starting motion no longer than 10 seconds or for a stationary
operation not exceeding 10 seconds.
. Noise suppression limits are 80dba, if the limit is knowingly exceeded a noise
suppression plan must be submitted.
. A City Construction Mitigation officer shall be assigned to each project. Random site
visits will occur to inspect project site and daily inspection reports will be completed.
. City corrective actions will be as follows
I. Verbal warning, explanation of violation, and timeframe for
completion
2. Written warning, explanation of violation, and timeframe for
completion
3. Issuance of a "Stop Work Order" (red tag). No work can be
completed upon the premises until the violation is corrected.
4. Failure to correct the violations will subject the owner, contractor
or both to a fine of $1 OOO/day starting 24 hours after issuance of
the "Stop Work Order".
FINANCIAL IMPLICATIONS: Additional financial implication may occur but have not been
fully researched at this time.
ENVIRONMENTAL IMPLICATIONS: With improved construction management
requirements, impacts associated with construction activities within the City of Aspen will be
more effectively managed and impacts associated with those projects will be the least necessary
to accomplish the projects.
RECOMMENDATION: Staff recommends that the City adopt the construction management
requirements listed above and allow staff to pursue additional staff needs associated with the
oversight of construction management.
AL TERNA TIVES: Council could direct staff to pursue more or less stringent measures or to
investigate other options not yet considered.
CITY MANAGER COMMENTS:
2
MEMORANDUM
TO: Mayor and Council
FROM: Trisha Coyle, P.E. Engineering Department
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E. City Engineer
DATE OF MEMO: April 16, 2007
MEETING DATE: April 17, 2007
RE: Construction Management Plan Requirements
SUMMARY: The work session is a continuation of construction management plan
requirements for the City of Aspen.
DISCUSSION: Construction Management Plans are required for all commercial, industrial,
residential and mixed use developments in the City of Aspen that disturb 1000 SF of soil or
greater and/or have greater than 400 SF of demolition. Please see the attached Construction
Management Plan Requirement Manual for specific details.
FINANCIAL IMPLICATIONS: In order for City staff to become proactive with construction
management compliance additional Construction Mitigation Officers are needed.
ENVIRONMENTAL IMPLICATIONS: Improving construction management requirements,
construction activities within the City of Aspen will be more effectively managed and impacts
associated with those projects will be minimized.
RECOMMENDATION: Staffrecommends the City adopt the construction management
requirement manual and allow staff to pursue additional staff needs associated with the oversight
of construction management.
ALTERNATIVES: Council could direct staff to pursue more or less stringent measures.
CITY MANAGER COMMENTS:
ATTACHMENT D
THE CITY OF ASPEN
CONSTRUCTION MANAGEMENT PLAN
REQUIREMENTS MANUAL
Construction projects that exceed 1000 SF of soil disturbance and/or 400 SF of building demolition
(interior and/or exterior) must submit a construction management plan in accordance with this manual
at the time of first building permit submittal and must resubmit CMP at time of number one permit.
Prepared by:
Engineering Asset Management Department
130 S, Galena St.
Aspen CO 81611
970.429,5080
MAY 2007
Please provide copies:
I - Community Development Department
I - Engineering Asset Department
I - Approved CMP on construction site
A TT ACHMENT E
TABLE OF CONTENTS
1.0 GENERAL
1.1 PURPOSE
1.2 APPLICABILITY
1.3 DEFINITIONS AND TERMS
1.4 REFERENCES
.
2.0 PROJECT INTRODUCTION
2.1 DISTURBANCE AREA
2.2 LOCATION
2.3 DESCRIPTION
3.0 PROJECT DOCUMENTATION
3.1 PERMITS
3.2 PUBLIC NOTIFICATION
3.3 PROJECT SIGN
3.4 CONTACT DESIGNATION
4.0 PROJECT IMPLEMENATION
4.1 DATES OF CONSTRUCTION
4.2 HOURS OF CONSTRUCTION
4.3 SEQUENCE (PHASING) OF CONSTRUCTION
4.4 ADJOINING PROPERTY OWNERS
4.5 PROJECT FENCING
4.6 PUBLIC HEALTH AND WELFARE
4.7 NATURAL ENVIRONMENT
5.0 PARKING MANAGEMENT
5.1 PARKING MANGEMENT FORM
5.2 EMERGENCY VEHICLE ACCESS AND ORDINANCE 35
5.3 CONSTRUCTION PARKING DETAILS
5.4 STAGING AREAS
5.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE
MANAGEMENT
6.0 TRAFFIC CONTROL
6.1 GENERAL
6.2 HAUL ROUTES
6.3 ONSITE VEHICLE LIMITATIONS
6.4 DELIVERY REQUIREMENTS
6.5 TRAFFIC CONTROL PLAN
7.0 PEDISTRIAN PROTECTION
7.1 GENERAL
2
8.0 SEDIMENT AND EROSION CONTROL
8.1 REQUIREMENTS
9.0 FUGITIVE DUST CONTROL
9.1 FUGITIVE OUST CONTROL PLAN
9.2 REQUIREMENTS
10,0 EMISSIONS
9.1 GENERAL
9.2 EMISSIONS FROM DIESEL POWERED ENGINES
11.0 NOISE SUPRESSION
11.1 GENERAL
11.2 NOISE SUPPRESSION PLAN
12.0 ENFORCEMENT
12.1 CONSTRUCTION MITIGATION OFFICER
12.2 CORRECTIVE ACTION
12.3 INSPECTION REPORTS
APPENDICES
A - Required Project Sign
B - Parking Management Form
C - Haul Route Map
D - Noise Suppression Plan, Techniques and Equipment
3
1.0 GENERAL
1.1 PURPOSE
The purpose of this Construction Management Plan Manual is to provide a consistent
policy under which certain physical aspects of construction management will be
implemented. The elements contained in this document are related to the development
process. It is intended that they apply to both public and private work designated
herein.
These standards carmot anticipate all situations. They are intended to assist, but not to
substitute for competent work by design and construction professionals. The City of
Aspen does not intend to limit any innovative or creative efforts that could result in
better quality, greater cost savings, or both. Any proposed departure from the manual
will be judged on the likelihood that such variance will produce a comparable result,
adequate for the user and City resident over the duration of the improvement/project.
1.2 APPLICABILITY
This manual shall govern the construction and development of all public and private
construction projects in the City of Aspen. These regulations shall apply to all
commercial, industrial, residential, and mixed use developments which disturb 1000 SF
or greater or require demolition of 400 SF or greater (interior and/or exterior) within
any twelve-month period.
1.3 DEFINITIONS AND TERMS
Construction Management Plan - A Construction Management Plan is a combination of
diagrams, documents, drawings, and specifications that clearly define the steps that will
be taken to demonstrate how the impacts to the community will be minimized. How the
impacts associated with any construction project will be managed. Herein described as
"Plan" throughout the remainder of this policy.
Construction Mitigation Officer - An appointed employee ofthe City of Aspen whose
charge is to ensure that all aspects of a Construction Management Plan are followed,
and to further ensure that the impacts associated with construction activities within the
City of Aspen are effectively managed and impacts associated with those projects are
the least necessary to accomplish the project.
Disturbance Area - A portion of land where topsoil or native soils have been removed
for purposes of construction (development).
Best Management Practices (BMP's) - Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or
reduce the pollution of waters of the state. BMP's also include treatment requirements,
4
operating procedures, and practices to control site runoff, spillage or leaks, waste
disposal, or drainage from material storage.
Tree Dripline and Protection Zone - Use the longest branch of the tree as a radius from
the center of the tree and make a circle. The circle is then defined as the drip line and
thus is the tree protection zone.
Final Stabilization - Uniform vegetative cover has been established with a density of at
least 70 percent of pre-disturbed levels.
1.4 REFRENCES
A. City of Aspen Policy 205-A Right-Of-Way Permit Requirements
B. City of Aspen Policy 204-A Revocable Encroachment License Application
C. City of Aspen Construction and Mitigation Standards for Work in the Public
Rights-of-Way
D. City of Aspen Municipal Code Title 35
E. Manual on Uniform Traffic Control Devices for Streets and Highways - 2003
Edition
F. Colorado Department of Public Safety General Permit Part ill
G. Colorado Department of Transportation M&S construction standards
H. Colorado Department of Public Health and Environment - Air Pollution Control
Division
2.0 PROJECT LOCATION
2.1 DISTURBANCE AREA
The Plan shall describe and compute the total project disturbance area. Soil disturbance
shall be kept to a minimum. Construction staging and phasing shall occur, where
applicable, to minimize soil disturbance time.
2.2 LOCATION
A project vicinity map shall be included in the Plan. The map should accurately depict
general project location within the City of Aspen and also delineate project extents.
The map shall be a scaled drawing that includes a directional arrow and adjacent street
descriptions.
2.3 DESCRIPTION
The Plan shall include an overview of the construction project including background
information, proposed development type and general information. The proposed effect
on public utilities such as storm sewer, sanitary sewer, water main, etc. should also be
described.
5
3.0 PROJECT DOCUMENTATION
3.1 PERMITS
The contractor shall maintain all applicable local, state and federal licenses and permits
that apply to the construction project. Applicable permits shall be listed, described and
copies of the documents shall be attached in Plan appendices.
3.2 PUBLIC NOTIFICATION
A project update shall be provided to the public on a basis no less than monthly, via
website, newspaper, on-site notices, or other accepted means of notification (per
request of the City of Aspen). The first public notification shall occur no later than 10
days prior to construction. The update shall include a description of the current proj ect
phase, list any traffic and/or pedestrian concerns, and describe hauling/staging
operations.
The above notification shall specifically be distributed to neighbors located within 300
feet of the project property.
The Plan shall designate a project representative, date, and time for a required
preconstruction meeting. The purpose of the meeting is to discuss the project and
summarize the project specific Construction Management Plan. The contractor and
subcontractors are required to attend the meeting. Utility personnel, applicable City
departments, the Roaring Fork Transit Authority, neighboring property owners, and the
Aspen School District shall also be notified.
3.3 PROJECT SIGN
A project sign shall be constructed and posted that includes the items shown in
Appendix A: Required Construction Sign.
The sign shall be posted in a location where it is readable from the street or driveway
and shall meet criteria in City Code 26.51 0.030B4.
3.4 CONTACT DESIGNATION
The Plan shall have a contact list with associated phone numbers located at the front of
the document. The list will include: the owner, contractor appointed overall site
supervisor, a certified safety officer, a certified traffic control officer, and a certified
erosion control representative. Other information shall include city and county phone
numbers, fire department, police department, Roaring Fork Transit Authority (RFTA),
school district, and all applicable utility company contact information. The contact list
should include hospital contact information and the Emergency 911 reminder.
6
4.0 PROJECT IMPLEMENTATION
4.1 DATES OF CONSTRUCTION
Dates of construction shall be specified in the Plan. Any work being performed within
City ROW shall be completed as per the City of Aspen Right of Way permit
requirements.
4.2 HOURS OF CONSTRUCTION
Construction hours shall be limited to 7am - 7pm Monday through Friday and 9am-
5pm on Saturday. No construction is permitted on Sundays, federally designated
holidays (excluding Columbus Day, Martin Luther King Day, and Veterans Day) and
locally designated holidays.
All activity that generates noise in excess of 80 decibels requires a noise suppression
plan and is restricted to operating between the hours of 9am and 5pm Monday through
Friday.
4.3 SEQUENCE (PHASING) OF CONSTRUCTION
A construction schedule including all project phasing, with item details, and specific
item completion dates is required.
The schedule shall be developed using Microsoft Project or a program of greater
capabilities as approved by the Engineering Department.
4.4 ADJOINING PROPERTIES
No person shall excavate on land close enough to a property line to endanger any
adjacent public street, sidewalk, alley, other public or private property, or easement,
without supporting and protecting the property from any damage that might result from
construction operations.
4.5 PROJECT FENCING
All construction areas shall have a non-removable construction fence or other approved
device securely placed around the areas to be protected. The fence shall be six to eight
feet (6'-8') in height and constructed out of plywood or chain-link fence with mesh
windscreens. Decorative construction fences may be allowed at the discretion of the
City Engineer.
4.6 PUBLIC HEALTH AND WELFARE
All construction projects located within the City of Aspen shall uphold utmost respect
to public health and welfare and be reflected in prepared Plan.
7
4.7 NATURAL ENVIRONMENT
Project construction shall be oriented to minimize harm to all aspects of the City of
Aspen's natural environment. All tree and natural resource protection measures must
be identified in the Plan and in place prior to the commencement of any construction or
demolition activities. Refer to section 13.20.020b of the Municipal Code for tree
protection and removal requirements and process.
The Plan must contain a site map showing exact tree protection fence location and
accurate tree drip lines (refer to Section 1.3 for Drip1ine definition).
Proposed projects should be consistent with the character of existing land use in the
surrounding area.
5.0 PARKING MANAGEMENT
5.1 PARKINGMANAGEMENTFORM
City of Aspen Parking Management form must be completed (Appendix B). The
parking management form requires submittal of a job site plan that includes:
1. Location of all job site related vehicles, including number and location of
requested street parking spaces and/or vehicle permits.
2. Location for materials storage, construction equipment and any other
staging issues.
3. Emergency access route allowing emergency vehicle access to the
structure( s).
5.2 EMERGENCY VEHICLE ACCESS AND TITLE 35
The contractor shall maintain continuous emergency vehicle access, on and around site,
including but not limited to police, fire, and ambulance services. This includes projects
adjacent to roads and alleys.
All Plans shall include a copy and show compliance with City of Aspen Title 35.
5.3 CONSTRUCTION PARKING DETAILS
Parking locations shall be designated for all craftsman, laborers, subcontractors, and
contractors involved in the site construction process. The City allows minimal onsite
parking with public transportation as the preferred method of transportation.
No construction parking will be permitted within the free two-hour residential parking
areas without a valid permit.
The contractor shall evaluate the projected transportation needs of the project, including
maximum number of vehicles traveling to the site, per day, per number of days. The
number of vehicles trips must be mitigated by 50%. Mitigation options may include,
8
but are not limited to carpool, vanpool, public transportation, paid shuttle for
transporting workers to the site, etc.
5.4 STAGING AREAS
The Plan shall specify construction staging area locations. Alleyways are preferred
short term staging locations without blocking access to neighboring properties. The
number of truckloads expected to and from the site should be estimated (including soil
hauling and materials transport). The timing and duration of the transport vehicles
should also be noted.
City of Aspen personnel can limit project staging locations, number of trucks, and
duration of operations depending on project location and site surroundings.
Projects that require crane operations and have little or no setbacks are required to use a
tower crane. The City prefers electric type cranes to reduce noise and fumes.
Right-of-Way encroachments are used as a last resort in all cases. In the case where a
ROW encroachment occurs, a permit must be obtained from the Engineering
Department.
5.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE
MANAGEMENT
As specified in Section 5.1, construction trailer,job materials storage, portable
restrooms, waste management and recycling container locations shall be clearly
designated on the project site plan. Loose job material storage is not allowed in ROW
under any circumstance.
The City of Aspen Engineering Asset Management Department strongly recommends
job trailer, waste management containers, and portable restrooms be stored on private
property and not within City ROW.
The City of Aspen requires recycling of construction materials. In instances where
recycling containers cannot be accommodated onsite, the City Engineering Department
will consider locating recycling containers within public ROW where feasible. The
encroachment permit fee will be waived if it pertains to recycling containers. If at any
time such a container is not being used for recycling operations, the property owner will
be responsible to pay at least three months calculated land lease fee.
Per municipal code, any dumpster or other trash receptacle that is used for food refuse
must be constructed in such a manner as to render it bear proof. All containers shall be
adequately covered at all times until transferred to the landfill. The City of Aspen
municipal code states it shall be unlawful to permit accumulated debris, litter, or trash
on any construction site to blow or scatter onto adjoining properties.
An onsite hazardous material spill cleanup kit is required that contains, at a minimum, a
25 pound bag of Floor-Dri (or equal), absorbent pads, and other spill kit materials.
9
6.0 TRAFFIC CONTROL
6.1 GENERAL
All traffic control operations shall be managed by the designated certified traffic
control supervisor.
6.2 HAUL ROUTES
The City of Aspen has designated specific project haul roads throughout the City
(Appendix C). The project must follow the designated routes and specify any
additional routes necessary to complete hauling operations. Project haul routes shall be
oriented to minimize traffic congestion and maximize pedestrian safety.
6.3 ONSITE VEHICLE LIMITATIONS
All construction related vehicle activities shall be defined. Maximum vehicle weights
and sizes shall be specified.
6.4 DELIVERY REQUIREMENTS
Traffic control required for deliveries must be fully coordinated with the City of Aspen
Engineering Department. Roads will not be closed under any circumstances, unless
granted permission from the City of Aspen Engineering Department.
The maximum number of delivery vehicles onsite must be specified, along with the
hours the deliveries will occur, and any exceptions to the delivery schedule.
Delivery and Heavy Duty Vehicles must have a visible sign on the vehicle that
specifies the project contractors name and phone number.
Delivery vehicles and all other onsite vehicles are not allowed to idle for more than five
(5) minutes, with the exception of generators or PTO type operations.
The general contractor must include an idling policy in the Plan that meets City
requirements.
6.5 TRAFFIC CONTROL PLAN
A complete Traffic Control Plan (TCP) shall be submitted as part of the Construction
Management Plan. The TCP shall be completed by a Certified Traffic Control
Supervisor and must conform to the most current edition of the Manual of Uniform
Traffic Control Devices for Streets and Highways (MUTCD). The TCP shall contain
all information specified in Section 6C.Ol of the MUTCD.
A School Traffic Control Plan should be submitted in addition to the TCP in school
areas according to Chapter 7 A of the MUTCD. If the project is not located in a school
area, but abuts a school bus stop or school walk route, extra traffic control personnel
and devices shall be implemented to ensure school pedestrian safety.
10
7.0 PEDISTRIAN PROTECTION
7.1 GENERAL
The Plan shall comply with pedestrian safety per City code 21.04.060, MUTCD
Chapter 6D, the Americans with Disability Act, and City code Chapter 33.
8.0 SEDIMENT AND EROSION CONTROL
8.1 REQUIREMENTS
A Storm Water Pollution Prevention Plan shall be completed along with the CMP,
according to Colorado Department of Public Health and Environment Water Quality
Control Division General Permit Part lB.
The main objective ofthe storm water management plan shall be to identifY Best
Management Practices which will minimize erosion and sediment transport.
In addition to the CDPS (the program) requirements, the following apply:
1. Stock piles must be protected with erosion control devices.
2. Mud tracking ramps (rock construction entrances) are required and
implemented per the most current version of the Colorado Department
of Transportation M&S construction standards.
3. Onsite concrete and tire washout stations are required. Location and
operation procedures shall be described in Plan.
4. City inlets, gutters, swales and irrigation ditches shall be protected
with erosion control devices and such projection maintained for the
duration ofthe project.
5. A description of procedures used to protect and maintain in good and
effective operating condition the erosion/sediment control measures
until final stabilization is required.
Onsite sediment and erosion control operations shall be managed by a certified erosion
control supervisor.
9.0 FUGITIVE DUST CONTROL
9.1 FUGITIVE DUST CONTROL PLAN
All projects that result in fugitive dust emissions must submit a fugitive dust control
plan and file an application for a construction permit with the Colorado Department of
Public Health and Environment.
The approval of a Dust Prevention and Control Plan does not relieve the owner or
contractors of the responsibility to implement whatever additional measures may be
required by the City Engineer to properly prevent and control dust.
11
9.2 REQUIREMENTS
The plan shall demonstrate that the discharge of dust from the construction site will not
occur, or can be controlled to an acceptable level depending on the particular site
conditions and circumstances.
I. The plan shall address site conditions during construction operations,
after normal working hours, and during various phases of construction.
2. The plan shall include the name and the 24 hour phone number of a
responsible party in case of emergency.
3. If the importing or exporting of dirt is necessary, the plan shall also
include the procedures necessary to keep the public streets and private
properties along the haul route free of dirt, dust, and other debris.
4. When an entire project is to be graded and the subsequent construction
on the site is to be completed in phases, the portion of the site not
under construction shall be treated with dust preventive substance or
plant materials and an irrigation system.
5. All phased projects shall submit a plan demonstrating that dust will not
be generated from future phase areas.
For all construction within the site, the contractor shall have a water truck available for
dust control. Wetting shall be completed once three times a day under dry conditions
or as directed by the City Construction Mitigation Officer.
Vehicle speeds should not exceed 15 mph on construction access roads and
construction site.
10.0 EMISSIONS
10.1 GENERAL
All vehicles and equipment used on site will be properly maintained such that the
engines will function within manufacture's standards or parameters.
10.2 EMISSIONS FROM DIESEL POWERED ENGINES
Emissions from diesel engines operated within the City of Aspen shall be of a shade or
density no darker than 40% opacity, except for starting motion no longer than 10
seconds or for stationary operation not exceeding 10 seconds.
11.0 NOISE SUPRESSION
11.1 GENERAL
The noise limit for construction is 80 decibels measured at the property line of the
construction site. All construction equipment shall be adequately muffled and
maintained to minimize project noise. The installation of plywood and matting around
12
the project site is the minimum technique to suppress noise, especially when jack
hammering of concrete occurs.
11.2 NOISE SUPPRESSION PLAN
All activity that generates noise in excess of 80 decibels requires a noise suppression
plan and is restricted to operating between the hours of 9am and 5pm Monday through
Friday. See Appendix D for plan document which include information on noise
blocking methods, techniques, and common equipment and activities that require noise
suppressIOn.
12.0 ENFORCEMENT
12.1 CITY CONSTRUCTION MITIGATION OFFICER
A City Construction Mitigation Officer shall be assigned to each construction project.
The City Construction Mitigation Officer will complete random site visits to determine
if the project is following approved Plan and City requirements. The officer is not
intended to take the place of a City of Aspen building inspector.
12.2 CORRECTNE ACTION
The City of Aspen will enforce construction mitigation corrections as follows (per site
per issue):
1.
3.
The first corrective action is a verbal warning and explanation of
the violation with a timeframe for completion.
The second corrective action is a written warning or correction
notice with time frame for compliance.
Third and final notice is a "Stop Work Order" (red tag). If a stop
work order is issued, no more work can be completed upon the
premises (the entire project) until the violation is corrected.
Failure to correct the violations will subject the owner, contractor
or both to a fine of $5000 a day starting 12 hours after the "Stop
Work Order" until the violation is corrected..
2.
4.
11.2 INSPECTION REPORTS
The Construction Mitigation Officer will complete construction inspection reports. All
reports are public and will be kept in the City Engineering Asset Management
Department.
13
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APPENDIX A
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CITY OF ASPEN CONSTRUCTION STAGING AREA, PARKING AND
EMERGENCY VEIDCLE ACCESS MANAGEMENT PLAN
THE CiTY OF ASPEN
The City of Aspen requires submission of ajob site plan describing the construction staging area(s),
location and number of construction-related vehicles, and ensuring proper emergency vehicle access. The
construction project shall be issued street parking permits for the expected duration of the project for a fee.
These plans are required for all residential construction or remodeling of 1,500 square feet, or more, for any
construction or remodeling involving multi-family buildings (three or more units), or for any construction
or remodeling involving commercial buildings. (Aspen Municipal Code Section 24.16.240)
Construction Site Address:
Contact Name:
Date:
Contractor:
Phone Number:
Provide one copy of a job site plan showing the following information:
1. Location for all job site related vehicles, including number and location of
requested street parking spaces and/or vehicle permits.
2. Location for materials storage, construction equipment and any other
staging issues.
3. Emergency access route allowing emergency vehicle access to the
structure( s).
REQUESTED:
Vehicle Permits:
Other parking areas:
Begin Date:
Street Parking Spaces:
Completion Date:
All construction staging and construction parking shall be confined to the areas defined in an approved
plan for the job site. Workers shall be encouraged to carpool. Emergency access, as described in the
approved plan for the job site, shall at no time be blocked. A stop work order may be issued upon non-
compliance.
ATTENTION:
Construction related vehicles are excluded from the signed 2-IIour Free Parking areas in Aspen's
residential zones. Construction vehicles will only be considered in compliance if parked in the designated
construction area or displaying a valid street permit. All other vehicles will be considered in violation.
Vehicle Permits
FOR OFFICE USE ONLY
x Rate x Days _ ~ Fee
Exp. Date
Street Parking Spaces
x Rate _ x Days _ = Fee
Exp. Date
Approved
Date
Please call 920-5267 with questions regarding this from
G:lcitylbuilding_ deptlAspen 2004 ChecklistslAspen Parking, Construction Staging and Emergency Access
APPENDIX B
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APPENDIX C
City of Aspen
Construction Noise Suppression Plan
As the General Contractor for this construction project, I hereby agree
to the following restrictions and will provide the necessary noise suppression (outlined below),
such that it will lesson the impact to the properties within 250 feet of the project located at
. I understand that if any construction activities exceed
80 decibels and are not covered by this document I will contact the City of Aspen Environmental
Health Department to design a specific noise suppression plan for those activities.
Signature
Print name
On-site Contact Phone #
Many activities on construction sites are noisy. Although some noise may be unavoidable, it can
often be controlled using improved work practices. Builders should make all reasonable efforts
to minimize noise. Noise Suppression plans are required for all construction proiects where
activities will generate noise that exceeds 80 decibels. Section 18.04.050(A)(2)(d)
Hours of operation
All construction activity is limited to the following days and times:
Monday thru Saturday
7:00 am to 7:00 pm
Sunday
No construction work is allowed
Constructions activities producing noise greater than 80 decibels are limited to the following
days and times:
Monday thru Friday
9:00 am to 5:00 pm
Work that is over 80 decibels which by law requires a noise suppression plan will not be
approved for Saturdav work that includes but not limited to the use of compressors, generators,
jackhammers, power equipment, nail guns, drilling machinery, earth moving equipment and
similar loud construction activities (See Table 1 for examples). This does not restrict quiet work
inside and outside that does not require a power source. includinq a battery, on Saturday.
Construction activity is not recommended during public holidays. However, if a builder
considers holiday work essential, noise suppression plans cannot be approved for starts before
9.00 am and after 5.00 pm.
Due to the congestion in Aspen when town is completely full, noise suppression plans will not
be approved during the following dates: Christmas Week (December 25 through Jan. 1),
Food and Wine Week in June (Thursday thru Sunday), 4th of July weekend, and Labor
Day weekend,
APPENDIX D
Specific noise suppression requirements for all activities exceeding
80 decibels at a construction site include:
1. Notify neighbors within two hundred fifty (250) feet of the project informing them of
the kinds of equipment, expected noise levels and durations of loud work. Including
the variation of noise levels during a typical construction days may be helpful. Such
notification must be in writing and be done seven (7) days prior to the starting time of
the project. Communication with neighbors can prevent complaints from arising, and
resolve concerns before there is a problem. Provide a phone number where the
foreman can be reached prior to the start of the job.
2. Operate equipment in accordance with manufacturer's specifications and with all
standard manufacturers' mufflers and noise-reducing equipment in use and in
properly operating condition.
3. Post notices to inform workers, including sub-contractors, about the basic noise
requirements, as well as specific noise restrictions, to the project.
4. Install noise barriers around all equipment/activities specified in
Table 1: TYPICAL CONSTRUCTION EQUIPMENT REQUIRING NOISE
SUPPRESSION. Noise barriers not only significantly reduce construction noise, but
they also provide an extra benefit of "hiding" the noise producing sources, thus
increasing a neighbor's tolerance. (See also the attached list of noise blocking
methods for details on approved noise barriers.)
5. Move portable loud equipment including generators, compressors, and cement
mixers to different sides of the property to reduce impacts on individual neighbors.
What can you do about construction noise?
. The use of radios on the site before 7:00 am are not allowed: remind laborers and sub-
contractors.
. Noise suppression plans will not allow noisy machines such as brick cutters or
jackhammers to be operated before 9.00 am.
. Noisy equipment such as cement mixers should be placed on the site to maximize the
distance from neighboring houses and/or rotate location so as to not impact just one
neighbor. Noise levels drop quickly with distance from the source.
. All equipment should be properly maintained, with special attention to mufflers and other
noise control devices.
. Between work periods, builders are required by city ordinance to shut down machines
such as backhoes, bobcats, loaders and generators.
. When dropping materials from a height-for example, into or out of a truck, or when
loading or unloading scaffolding, noise suppression plans require a chute or side baffles.
. All vehicular movements to and from the site must only be made during the scheduled
normal working hours. This includes off-site noise that is associated with a specific
project such as staging of concrete trucks.
TABLE 1: NOISE CONSTRUCTION EQUIPMENT REQUIRING NOISE
SUPPRESSION PLANS
I Equipment Category I
I Auger Drill Rig I
I Backhoe I
I Chain Saw I
I Clam Shovel I
I Compressor (air) I
I Concrete Mixer
I Concrete Pump
I Concrete Saw
I Crane (mobile or stationary)
I Dozer
I Drill Rig
I Excavator
I Front End Loader
I Generator (more than 25 KV A) I
I Gradall I
I Grader I
Horizontal Hydraulic Boring Jack I
Impact Pile Driver (diesel or drop)
Impact Wrench
Jackhammer*
Mounted Impact Hammer (hoe ram)
Paver
Pneumatic Tools
Rock Drill
Scraper I
Scarifier I
Slurry Machine I
Vibratory Pile Driver I
Noise Blocking Methods
Contractors shall request:
. Quieter vs. Louder equipment
. "Residential" grade combustion engine exhaust silencers
. Electrical vs. pneumatic hand power tools: All pneumatic tools operated in the
City of Aspen must be fitted with an effective silencer on their air exhaust port,
. Hydraulic vs. air powered rock drills
. "Silenced" pile drivers vs. Diesel pile drivers
In general, noise reduction equipment and materials may include, but not be
limited to:
1. Shields, shrouds, or intake and exhaust mufflers.
2. Noise-deadening material to line hoppers, conveyor transfer points,
storage bins, or chutes.
3. Noise barriers using materials consistent with the Temporary Noise Barrier
Materials Section.
4. Noise curtains
5. Plywood with concrete blankets at the height of the equipment and that it
surrounds the activity such that it directs noise up more than out from the
property.
6. Portable three sided enclosures made out of plywood to move with the
activity such as jack hammering.
7. Internal combustion engines are to be fitted with a suitable muffler in good
repair.
Specific Equipment:
Generators: The local power grid shall be used wherever feasible to limit generator
noise. No generators larger than 25 KVA shall be used and, where a
generator is necessary, it shall have maximum noise muffling capability.
Backup Alarms: All equipment with backup alarms operated by the Contractor, vendors,
suppliers, and subcontractors on the construction site shall be equipped
with either audible self-adjusting ambient-sensitive backup alarms or
manually-adjustable alarms. The ambient-sensitive alarms shall
automatically adjust to a maximum of 5 dBA over the surrounding
background noise levels. The manually-adjustable alarms shall be set at
the lowest setting required to be audible above the surrounding noise.
Installation and use of the alarms shall be consistent with the
performance requirements of the current revisions of Society of
Automotive Engineering (SAE) J994, J1446, and OSHA regulations.
Compressors: The unit with the lowest noise rating which meets the requirements of
the job should be used where work is conducted in the City of Aspen,
installed with mufflers and/or enclosed in a noise barrier.
Jackhammer: All jackhammers and pavement breakers used on the construction site
. shall have exhaust systems and mufflers that have been recommended by
the manufacturer as having the lowest associated noise and shall be
enclosed with shields or acoustical barrier enclosures.
Concrete crushers or pavement saws: Pre-augur pile holes to reduce the duration of
impact or vibratory pile driving and tie to local power
grid to reduce the use of generators and shall be
enclosed with shields or acoustical barrier
enclosu res.
Pneumatic hand power tools: All pneumatic tools operated in the City of Aspen must
be fitted with an effective silencer on their air exhaust port.
Temporary Noise Barrier Materials:
Temporary barriers shall be constructed of 3/4-inch Medium Density Overlay (MOO)
plywood sheeting, or other material of equivalent utility and appearance having a
surface weight of 2 pounds per square foot or greater. The temporary barriers shall be
lined on one side with glass fiber, mineral wool, or other similar noise curtain type noise-
absorbing material at least 2-inches. The materials used for temporary barriers shall be
sufficient to last through the duration of the construction project, and shall be maintained
in good repair. Prefabricated acoustic barriers are available from various vendors. An
equivalent barrier design can be submitted in lieu of the plywood barrier described
above.
Impact Equipment:
Impact noise is noise produced from impact or devices with discernible separation in
sound pressure maxima. Examples for impact equipment include, but are not limited to;
blasting, chisel drops, mounted impact hammers (hoe ram), and impact pile drivers.
Impact equipment is the loudest and most intrusive to the neighboring property. The
City of Aspen requires that this type activity have the strictest mitigation
requirements and requires a customized noise suppression plan specific to the
site. General contractors must contact the City of Aspen Environmental Health
Department for an application at 970-920-5039.
Noise Controls for Construction Equipment (Schneider et aI., 1995)
IEquipment . --..- [NOise Controfs-.-----------------------------------:
. .-----~-_..,~..~--_._.__.__._-----_._'----- ...._-,._~---_.~_._-_.-_._,.._--.---I
!~~:n~r~:: cutting __f~:~~~s~~~~r~u:~r with water----------~------~--------l
IHandheld impact drills IReductio-n-of reflected sound'---------------------il.
[Circular saw blades --- f1.5otooth angle,- n~w tooth co nfig uraUon , slotted saw-blades~---
I ~Iscoelastlc damping I
r.-;- .
!Pneumatic tools iMuffler I
I'pavement breaker/ IIMuffler, enclosure of cylinder case and front head, moil damping I
Rock drill i
-""'"'--,.,."'.~.r:--:--.'"".---_..-".''''.".,.~.'''"'.--'-""''"'--..-.-.,.--.,-,.-,-~.".'"-"'.,--...~- ,,---.-----""""......~-.-,---.---.-.-."-.....- _~,.I
IPortable air IMuffler, acoustic enclosures I
Icompressor i .
IS-uljdoze-I"---- ..-- .--!Sulldozer Cab~lillerm-aterial,elldosure~oundabsorption in. .1
I lcanopy, sealing of all openings I
- -"-.-.---,----..---.,,-r:--------.-.--~-~---.""-'-----.--..-,.-------,.-.-"-.,,~"--.""----.,
rv'Vheeled loader ~bsorption of sound cooling air route I
~ibratory roller'-- IFlexible mounting for pump compartment-'---~---'------i
Uoint Cutter --------lAnti-vibration mounting fixtures ~------. ---- ----I
! "__.~~_____._,.~_.".,_,,_.__,,_,,.,,_____""_____ .___....".,.._______J
Noise Control
. Replace worn, loose, or unbalanced machine parts that cause vibration.
. Keep machine parts well lubricated to reduce friction,
. Acoustical enclosures and barriers around generators
. Sound absorbing material and vibration isolation systems on hand tools
. Quiet work practices - use rubber mallets to erect and dismantle formwork.
MEMORANDUM
. .~JX&..
TO: Mayor and Council
FROM: Calla Ostrander, Interim Global Warming Project Manager
THRU: Phil Overeynder, Public Works Director
DATE OF MEMO: May 22, 2007
MEETING DATE: May 29th, 2007
RE: Resolution for the Canary Action Plan
ATTACHMENT 1: Amended Section E: Landfill: Waste Reduction & Recycling, Canary Action Plan
SUMMARY: On May 14,2007, City Council expressed unanimous approval ofthe Canary Action Plan as
amended. Staff is requesting that City Council formally adopt the Canary Action Plan and the community-wide
GHG emissions reduction goals included within it. The approved draft ofthe Canary Action Plan was provided
at the May 14 work session. Attached is Section E: Landfill: Waste Reduction & Recycling, which includes
Council's direction to pursue banning plastic bags in the City of Aspen.
PREVIOUS COUNCIL ACTION: The draft Canary Action Plan was presented to City Council in March of
2006. City Council generally supported the plan and directed staffto bring back a final plan for adoption. On
February 5th 2007 staff presented a second, greatly revised draft Canary Action Plan. At that time, City Council
voiced approval for the overall emissions reduction goals, but did not move to bring the CAP forward for formal
adoption citing a handful of specific concerns they felt needed to be addressed before they could do so. The third
and final work session for the draft Canary Action Plan was held on May 14, 2007.
BACKGROUND: As part of the Canary Initiative, staff is charged with developing greenhouse gas emissions
reduction goals for the community and city government, as well as a plan to reach those goals. Since the last
Council work session on the Action Plan further physical events and scientific findings have reinforced the
reality of climate change and the urgent need for action. Following the warmest year on record (2006), the
winter of2007 was recorded as the warmest winter ever around the world. Earlier this month the International
Panel on Climate Change issued its "Mitigation of Climate Change" report which, following the other recent
reports reiterated that climate change is "very likely" the result of human activity, and that global warming is
already adversely affecting human, animal and plant life. The report emphasized that mitigation efforts over the
next 20-30 years will determine whether humanity will be able to achieve lower stabilization levels and
therefore avoid the worst affects of climate change or if emissions will continue to rise with business as usual
leading to a drastically altered biosphere and unstable climatic system. In light of these findings, and hundreds
of others, the scientific community is calling for governments to adopt climate policy that follows scientific
recommendations for emissions reductions as soon as possible. There are currently six pieces oflegislation
addressing climate change being debated at the federal level. Only three of these, the Kerry-Snowe, Oliver-
Gilchrest, and Sanders- Boxer- Waxman bills come close to meeting the necessary reduction goals. The challenge
1
that falls to the City of Aspen is to continue to lead by example. By passing the Canary Action Plan the City will
not only take a great step as a municipal leader it will also send the message to the federal government that the
people and local governments of America are willing to do what it takes to address climate change through
meaningful action.
DISCUSSION: Based on the above-mentioned motivating factors, staff is recommending a community-wide
GHG emissions reduction goal of:
30% below 2004 levels by the year 2020 and 80% below 2004 levels by the year 2050
This is a very aggressive goal, however it is consistent with what scientists believe is necessary to stabilize the
climate and closely resembles the goal adopted by the State of California. At the February work session Council
unofficially endorsed the adoption of these goals. Since the last work session in February staff has gone through
the Canary Action Plan with Council members on an individual basis in order to answer questions, vet concerns
and make any necessary changes. The majority of this work involved answering individual questions and
concerns. However there were a few issues that were consistently raised by Council members and which have
consequently been added, refined, changed, or further explored; they are the following:
Section A: Objective 1: Government Action 5) a.
Original: "TIlfR sf[ the Fire Hearth and its electric heaters Hatil City goyemmellt emissions dfBfJ to
30% below 2004 leyels."
Current: "Explore the feasibility and implications of converting the down town Fire Hearth into an
alternative fuel demonstration project, that if successful in providing a lower emissions output would
act as an example of a low emissions alternative to other conventionally fueled 'decorative' fire places
or hearths in Aspen.
NEW! Section A: Objective 1: Governmental Action 6) "IdentifY the largest areas of growth in
Aspen and forecast future emissions from projected growth rates in order to effectively target emission
reduction policies. "
Section B: Objective 3: Community Action 2) a. "Explore requiring an energy rating of residential
properties at time of sale". This objective has been further explored and found to be legal under state
and federal law. Furthermore, the introduction of this idea has stimulated the Aspen Board of Realtors
to take action independently by offering the energy rating as a competitive advantage to sellers and as
primary criteria to prospective buyers. The policy structure for this mandate is currently being
constructed and will be brought before Council later this year.
NEW! Section B: Objective 2: Community Action 1) c.
"Develop and implement a plan whereby each housing and commercial unit in Aspen must meet its
REMP requirements through on site renewable energy and efficiency practices, thus effectively retiring
the REMP in-lieu fee option within a 10 year period through incremental increases in the percentage
of renewable energy required and increases in the fee structure. "
Section C: Objective 2: Government Action 1)
Original: "Commit to fuBding and eonstn!eting the Elltmnee to !.5flen 'Preferred !.lternatiye' by the
end of20<l7."
2
Current: "Commit to endorsing an Entrance to Aspen solution which has significantly reduced ghg
emissions and emphasizes increased alternative transportation. "
NEW! Section B: Objective 1: Government Action 2) "Require the calculation of life cycle cost
analysis in the City Asset Management Program when applicable under the "Energy Systems &
Materials checklist". "
NEW! Section E: Objective 2: Community Action 1) "Explore policy action to require the use of
compostable plastic, recyclable paper and/or reusable checkout bags by all stores located in the City of
Aspen. "
Section F: Objective 1: Community Actions 1) and 2)
Original: I) "Estalllish a relationship with one or more reputallle offset pro'/iders that track offsets
pHfchased from the }.spen area and have a care on collHter specific to },spen aHa that will allocate a
portien (pref.crably all) ofreveffile to local projects." 2) "Establish a local trust, either through CORE
or through another non profit that would manage a loeal offset program that ',vould keep 100% of
rcveffile local. This pregram woHld allow local resideHts, llusinesses, visiter aHd govemmeHt eHtities to
p\li'chase offsets lly investing in local emissions reduction projects, such as renewable energy prejects
and specified energy efficiency proj ects. "
Combined and expanded....
Section F: Objective 1: Government Action 1)
CUlTent: 1) "Establish a local trust, either through CORE or through another contracted entity to
manage a local offset program that would use the mqjority of revenue locally This program would
allow residents, businesses, visitors and governmental bodies to purchase offsets and provide funds to
invest in local emission reduction projects, such as renewable and energy efficiency projects and
specified offset programs. The reductions from these programs would be tracked and inventoried and
would work to reduce the overall Aspen Emissions Inventory"
Section F: Objective 2:
Original: "Require that all feed p\li'chased lly the City 'l/ill wve an El'/erage travel distmce or less than
500 miles lly 2009."
Current: "Educate City staff and the community on the global warming impacts of the industrialized
food supply chain and encourage the cultivation and purchase of locally produced foods. "
About the plan...
The plan gives a brief overview of the Canary Initiative and its various completed projects to date. It is broken
up into the six different sectors, including Policy, Research, and Education; Buildings; Transportation;
Electricity; Landfill; and Carbon Offsets. Each of the six elements of this plan includes one or more objectives.
Within each objective, activities are identified as either "Government Actions" or "Community Actions."
"Government Actions" address internal local government operations, while "Community Actions" are actions or
policies that impact emissions arising from Aspen residents, businesses, and institutions. While some of these
activities include important roles for government, most actions require that the City's strategic partners,
catalysts, or advocates take action. The success of these initiatives depends on the involvement of a broad array
3
of community partners. Progress reports are included where applicable. These reports include all city &
community progress. Finally, all actions listed in the Plan were identified as those that could be implemented
now and those that we must begin addressing now; thus all actions are slated for implementation by the end of
2009. Every two years the City will evaluate progress to date and identify new actions to pursue in the following
two years by updating the Canary Action Plan.
It should be noted that by adopting this plan, City Council is endorsing the action items and giving staff
direction to pursue them, but formal changes to the municipal code will need to be brought back before City
Council at a later date, once staff has hashed out the specifics. In fact there are several recommended policies
that are somewhat ambiguous by design. We have intentionally made our objectives broad and left details ofthe
action items to be assembled separately at the time of each specific policy proposal so as to allow for the best
solutions to emerge under the direction of the affected parties and applicable staff. The Canary staff is grateful
to the other departments and organization's efforts in helping with and participating in the Initiative.
FINANCIAL IMPLICATIONS: The measures outlined in this plan will undoubtedly involve additional
funding, however most; if not all will have positive ROI's (return on investment) therefore reducing lifecycle
costs for the respective items and saving the city or business money in the long run.
ENVIRONMENTAL IMPLICATIONS: The intent of this plan is to provide a roadmap to significantly
reduce Aspen's greenhouse gas emissions to meet our various commitments.
RECOMMENDATION: Adopt the Canary Action Plan Resolution.
ALTERNATIVES:
I. Modify the proposed plan. Depending on proposed changes, the goal might need to be revised.
2. Start from scratch. If the Canary Action Plan is unacceptable, staff can begin anew with City Council
recommendations.
PROPOSED MOTION: "I move to approve Resolution # _ Series of2007 to adopt the City of Aspen
Canary Action plan and the community-wide GHG emissions reduction goals stated therein."
Uftr1~ ~.
4
RESOLUTION NO. 44
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, ADOPTING THE
CANARY ACTION PLAN AND THE COMMUNITY GHG EMISSIONS REDUCTION
GOALS.
WHEREAS, the City Council has, through the creation of the Canary Initiative,
recognized that global warming and its affects upon the health and economic well-being
of Aspen citizens and guests is, and should be, of the highest priority for the City of
Aspen; and
WHEREAS, the City Council recognizes that global warming of the magnitude
now predicted by the scientific community will cause extreme and costly disruption of
human and natural systems throughout the world, including Aspen and other similar
mountain communities; and
WHEREAS, climate change is possibly the most critical current threat to Aspen's
way oflife, health, and economy; and
WHEREAS, local actions can help to pave the way for national and international
leadership; and
WHEREAS, the Aspen Global Warming Alliance recommended the emissions
reduction goals and approved the Action Items in the Canary Action Plan; and
WHEREAS, the citizens and economic stakeholders of Aspen were solicited
through public meetings and their ideas incorporated in the Canary Action Plan; and
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section One.
The City Council of the City of Aspen hereby approves the entitled "Canary Action
Plan" as mandated under the Canary Initiative.
Section Two.
The City StafIis hereby directed to:
1. Execute the Action Items identified in the Canary Action Plan for
implementation.
2. Pursue community and government emissions reductions strategies
through specified policy action and community outreach and education
to achieve the GHG emissions reductions goals outlined in the Canary
Action Plan.
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
,2007.
Kathryn S. Koch, City Clerk
DRAFT
E. Landfill: Waste Reduction & Recycling
The City shall promote solid waste management practices that reduce GHG emissions and promote commu-
nity understanding of the relationship between solid waste reduction and global warming.
Principles for Reducing Emissions from Solid Waste
1. Reduce the generation of solid waste, including source prevention and reduction in packaging and
other excess matel-ials by recovering materials from the waste stream for direct reuse and recycle
whenever possible.
Reducing waste, recycling and reusing products and materials all reduce GHG emissions. Preventing waste
at the source and reducing extraneous materials like packaging reduces the need for raw materials and energy
throughout the life cycle of manufacturing, transportation, reuse, and eventual disposaL Using recycled materi-
als in manufacturing processes typically requires substantially less energy than using virgin materuus. Lasdy, de-
creasing the amount of waste sent to landfills reduces emissions of methane (a GHG more potent than carbon
dioxide). Pitkin County is currendy in the process of exploring electricity generation from methane capture.
Should this project go forward the City of Aspen will work with the County to purchase electricity from the
landfill
Government Actions
2007-2009
1. Track waste disposal and recycling practices and quantities at all City facilities. Use this information to set a
recycling rate goal for City facilities.
Objective2: Decrease the amount of solid waste generated.
DRAFT
Government Actions
2007-2009
1. Require that all events rhat receive City funding minimize waste.
a. Establish policy that would require that all City-funded events to be "Zero-Waste".
b. Create a 'Guide to Zero-Waste' for departments.
c. Secure use and location for compost bin.
d. Obtain a supply of reusable materials and utensils for small City meetings and functions, and
develop a strategy to reuse them.
2. Expand City policies for greater paper reduction.
a. Use recycled products with at least 30% post consumer recycled-content. Investigate establishing
standards for the purchase of additional recycled-content products.
b. Require purchasing printers and copiers with duplexing capacity.
c. Make duplexing the default setting for all City owned computers.
d. Implement a City practice of posting and/ or circulating memos, using fax post it notes or
reusable cover sheets, dedicating one tray in printers to "recycled" paper (i.e. paper that has
already been printed on one side).
3. Require City contractors and vendors to document the use of recovered material in their product and fol-
low environmentally responsible solid waste management practices.
4. Require that all City funded construction projects be deconstructed and/or use 10% of recycled -content
and or reclaimed products.
Community Actions
2007 -2009
1. Explore policy action to require the use of compostable plastic, recyclable paper and/ or reusable checkout
bags by all stores located in the City of Aspen.
2. Expand the viability of deconstruction (and use of recycled materials) for small and large scale building
projects throughout Aspen.
3. Increase curb side recycling and other residential/ commercial recycling.
4. Develop residential food and yard waste collection options.
5. Assist local businesses in implementing improved solid waste management practices and recycling.
6. Continue to promote the reuse and recovery of electronic devices and increasing recycling capacity.
DRAFT
F. Localization: Carbon Offsets, Food & Other
Principals for Enhancing C02-e Sequestration and Mitigation
1. Pursue carbon-offset strategies to complement, but not substitute for, local emissions reduction
strategies.
2. Promote consumer behavior that reduces GHG emissions by purchasing locally produced food
and other products and services.
Offsets
One of the largest and easiest up-front actions Aspen can t;ke to mitigate its GHG emissions is to purchase
carbon offsets. However, there are a few important limitations to offsets that must be addressed for an off-
set purchase program to be scientifically and economically sound. There is not a given ratio of money to any
specific weight of carbon offset; different renewable energies and efficiency measures produce or save varying
amounts of electricity and thus mitigate carbon emissions at varying levels. Adding to this uncertainty is the
fact that the carbon market in the United States is currendy unregulated; there are no rules or baselines for the
industry, leading to an overall lack of transparency and consistency in accounting and implementation of offset
programs. While the purchase of offsets does consolidate small amounts of funding for large-scale offset
projects, because the money leaves the community, an offset program is ultimately an economic and financial
drain as it fails to increase the efficiency or economic development of the community investing in offsets.
To address both of these issues, the City of Aspen with cooperation from the Board of County Commisioners
and CORE will create a local offset program in which revenue from locally purchased offsets will go towards
funding local carbon offset projects, and energy efficiency and renewable energy programs. This "ill allow the
City to accurately track the volume of emissions offset per dollar invested and actually reduce the emissions for
which Aspen is responsible. A local offset program could also provide additional funding for the longer term,
more complex residential and transportation action measures.
Food & Other
The large 'scale food and beverage industry uses huge amounts of energy for growing, cooking, cooling, freez-
ing, cold storage and transport. The average North American, purchasing conventional groceries, contributes
on average 4.3 tons of greenhouse gases per year in food alone. The purchase of local or organic foods con-
tributes 90% less GHGs on average. In terms of energy 9.14 % of total energy consumption in the US is due
to the production, processing and transportation of food. The transportation of food within the US accounts
for over 20% of all commodity transport and results in at least 120 million tons of C02-e emissions every
year.
A good way to address the issues surrounding food is to look at how we can get the services we want while
minimizing the energy used to procure them. The concept of a service based economy has been pioneered
by Aspen's neighbor Amory Lovins, who points out that, " people don't actually want kilowatt-hours of elec-
tricity or barrels of oil, but rather the 'end-use services' they provide-lighting, heating, refrigeration, mobil-
City of Aspen Canary Initiative
Climate Action Plan
2007-2009
. .. .
www.CanarYln1tlatlve.com
DRAFT
Table of Contents
Letter from the Mayor
In trod uction ............................................................................................... .1
The Science of the Greenhouse EffecL...............................................3
Aspen's Story .................... ................................................ .......................... 6
Canary Action Plan Components..........................................................14
A. Policy, Research & Education.........................................................17
B. Buildings: Energy Efficiency ..........................................................20
C. Transportation: Air & Ground.......................................................23
D. Electricity........................................................................................... 28
E. Landfill: Waste Reduction & Recycling.........................................30
F. Localization: Offsets & Food .........................................................32
Adaptation.... .................. ......... ..... ........ .................... ............ ........,...... ......35
The City of Aspen would like to thank the City Environmental Health De-
partment staff for its innovation and support of this project, Special thanks
to the Aspen Global Warming Alliance members for their guidance and
input and to the Community Office for Resource Efficiency for their col-
laboration, The City of Aspen would also like to thank Portland's Office of
Sustainable Development which generously allowed the City of Aspen
to use its 'Global Warming Action Plan' as a template for the
Canary Action Plan,
DRAFT
May 2007
Dear Aspen Residents and Visitors,
On beha!f if the Ciry if Aspen and the Aspen Ciry Council, it is my pleasure to
introduce the Canary Initiative Action Plan. With its long history if commitment
to protection if the environment, the Ciry if Aspen recognizes the significant threat
global warming poses not onlY to our beautiful valley and its qualiry if life, but to the
global communiry, In 2005, the ciry adopted the ambitious Canary Initiative that
identifies Aspen and other mountain communities as the canary in the coal mine for
global warming. The goal is to aggressivelY reduce Aspen s carbon footprint to protect
our communirysfuture, and to contribute to global reduction if global warmingpol-
lution.
In cOf!Junction with Aspen:r Greenhouse Gas Emission Inventory and Climate Im-
pacts Assessment, the Action Plan outlines the steps Aspen can take to achieve neces-
sary reductions in its carbon emissions,
It is Aspen s hope that we will be successful in our reduction if carbon emissions, and
that our commitment and action will be an example to other communities. This is
not to sqy Aspen doesn't have a long wqy to go, because it does - but we have taken
the first steps and will continue to take the necessary steps to meet the global warming
challenge - a challenge unlike atry other. If we are to ensure our communirys future,
and leave our children and grandchildren a livable planet, we all must commit ourselves
to this challenge,
I urge all to join us. Together we will make a difference.
Helen Kalin Klanderud
Mqyor
DRAfT
Global climate change presents one of the foremost economical, social
and environmental threats to the new century. Increasing concentrations
of greenhouse gases in the atmosphere are causing higher temperatures.
These increases are expected to lead to: more frequent intense storms,
rising sea levels, changes in precipitation, snow pack and water availability,
biodiversity loss, species extinction, changes in infectious disease inci-
dence, increases in mortality due to heat stress, and human displacement.
The scientific community agrees that human
activities are ahnost certainly contributing to the rise in global temperature.
The release of carbon dioxide into the atmosphere through burning fos-
sil fuels to generate electricity, manufacture goods, heat our homes, power
our transportation, and grow our food is trapping additional heat in the
atmosphere, thus causing global warming.
Global warming is more than a quality of life issue. It is about our furture
ability to live and how that future rests on the choices we make in our daily
lives. In order to address the threats presented by global climate change,
governments, businesses and the individual citizen must take action now
and into the future. The City of Aspen recognizes the need to address the
political challenges we face head-on, with facts and figures, and with an ac-
tion agenda that involves the entire community. This Canary Action Plan
seeks to fulfill our fundamental desire to continue to raise the standard of
living by taking an active, responsible approach to protect our environ-
ment, increase our economic prosperity, and foster a sustainable commu-
nity. Only by taking action now can we fulfill the desire to provide future
generations with the same quality of life we enjoy.
"People say time changes things, but really you
have to change them yourself,"
-Andy Warhol
DRAFT
Introduction: The Canary Initiative - A Local Plan for Action
In March of 2005, the City of Aspen adopted a plan to aggressively address global warming by reducing
greenhouse gas emissions. At the same time other cities from around the county also recognized the need to
address greenhouse gas emissions locally in the absence of federal action. With the leadership of Mayor Nick-
els of Seattle, the U.S. Mayors Climate Protection Agreement was created. Since then signatory cities and other
U.S. cities concerned about global warming have been pioneers, working as individual entities and collabora-
tors to address this shared and immensely challenging issue through policy, education, business partnerships,
and leadership. Aspen was one of the /irst to take the lead by creating a comprehensive plan to address global
warming- the Canary Initiative,
The Canary Initiative is so named because Aspen (which is economically dependent on winter snow for recre-
ation and summer snow pack for water supply.) sees itself as a canary in the coal mine for climate change. The
Initiative called for: a green house gas (GHG) emissions inventory, an assessment of impacts due to climate
change, an action plan and eduction and advocacy on regional, state and national levels. This document, the
Canary Action Plan, is intended as the central policy piece for the Initiative and will outline the City of Aspen's
goals for addressing global warming and how they can be achieved. The Canary Action Plan is also meant to
act as a mechanism to monitor progress and as a guiding document for all policies developed within tlle City
of Aspen.
DRAFT
The Science of the Greenhouse Effect
The greenhouse effect is essen tial to hfe as we know it. Without it, the Earth would be permanently icy and
inhospitable. The greenhouse effect results when naturally occurring water vapor and other gases in the Earth's
atmosphere absorb some of the infrared energy rachating from the sun thus warming Earth's surface. These
gases, called greenhouse gases (GHGs), allow Earth's atmosphere to function as a sort of thermostat, keeping
temperatures on Earth \V;thin a specific habitable range. Increasing the atmospheric concentration of these
energy-absorbing gases primarily from human combustion of fossil fuels, has and will continue to disrupt the
global climate, substantially altering temperature and precipitation patterns.
,
J
I
,
i
I
The gases of greatest concern are carbon dioxide, methane, nitrous oxide, and halocarbons.
. Carbon dioxide, which is produced primarily through burning gasoline, natural gas, coal, and oil is
the largest contributor to the greenhouse effect, with emissions estimated to be over 80% of all US.
GHG emissions.
. Methane is the result of decomposing landfill waste, manure and fermentation from livestock,
fertilizers, mining, and natural gas and accounts for 10~/o of U.S. emissions.
. Nitrous oxide, comes from agricultural soil management and combustion engines and accounts
for 5%) of U. S. emissions
. Halocarbon., which inelude chlorolluorocarbons, hydrochloro-Iluorocarbons, and
perlluorocarbons, are typically produced during the industrial process and account for approximate
ly 30/0 of U. S. emissions.
. Black Carbon aerosols from fossil fuels and biomass burning also have a warming effect, as does
black carbon soot which changes the albedo of snow and ice causing them to melt more quickly.
DRAFT
Changing patterns of land use and land cover can also contribute to climate change in three important ways.
First, C02-e is removed from the atmosphere through naturally occurring physical, chemical, and biological
processes and is deposited in sediments. These sediments are carried by tectonic action below the crust for
millions of years and latcr are released back into the atmosphere through ocean vents and volcanoes. The car-
bon cycle and concentration of carbon dioxide in the atmosphere has been relatively stable, fluctuating up and
down by about 30 percent during the ice age and interglacial cycles (see ligure on p. 5). However, since humans
began extracting and burning fossil fuel deposits accwnulated over millions of years in just the last several
hundred years, the natural carbon cycle has been significantly altered.
Portage Glacier, Alaska
Photos: NCt-\A Photo Collection and Gary Braasch - \XhrldVicwOfGlobalW'arming.
Boulder Glacier, Glacier National Park
Photos: George Grant, Glacier National i\rchive;Jerry DeSanto, national Park Service
Second, land surface disruption that disrupts the natural uptake of carbon dioxide -- such as the slash and
burn clearing of tropical forests -- also contributes to a build-up of C02 in the atmosphere. Because soil, for-
ests, and plankton remove carbon dioxide from the atmosphere, change in vegetation type alters the amount
of stored carbon. Since the industrial revolution began, fossil fuel combustion and disruption of the land
surface has increased the concentration of carbon dioxide in the atmosphere by 37 percent and continues to
climb at an unprecedented rate. Finally, patches of land and \vater covered in snow or ice reflect nlore heat,
while patches of trees, dark ground and water absorb more heat. As more land and water is uncovered by
melting snow and ice, the earth's surface absorbs more heat. This warming leads to more inelting which causes
more warming in a self-reinforcing cycle known as a positive feedback cycle.
DRAFT
The Earth is Warming... and so is Aspen
There is 110 scientific debate that the atmospheric concentration of GIIGs is increasing and that this is leading
to significant changes in the global climate. In 1988 the United Nations and the World Meteorological Orga-
nization convened the Intergovernmental Panel on Climate Change (IPCC). The IPCC remains the primary
authority on global climate change and (since its inception) has pointed to the human contributions to global
watlTIlng.
The 2001 IPCC Third Assessment, drawing on an expanded and improved body of scientific research, con-
cluded that temperatures are likely to be much hotter than previously expected. The report found that a range
of scenarios is expected to lead to a temperature .rise of between 2.5 degrees F and lOA degrees F by 2100.
The .repmt also strengthened its conclusion about the .role of humans, finding that "the.re is new and stronger
evidence that most of the warming observed over the last 50 years is attributable to human activities."
Stacked .reco.rds C02-e (blue) with the temperature p.roxy (white) f.rom the Emopean Project fo.r Ice Coring
in Antarctica (EPICA) ice core f.rom Dome Concordia covering the last 650,000 years. The isotopic records
indicate the sequence of 6 full glacial cycles [EPICA Community Members, 2004]. New C02-e data measmed
at the University of Bern are from ice at older than 420,000 years. These data confi.rm that the present C02-e
concentrations in the atmosphere are unprecedented for least the last 650,000 years.
Gore Power Point: An Inconvenient Truth Slide Present~tion and Science, submitted, 2005. Spahni, R., et al.
DRAFT
Aspen Climate Impacts Assessment
In Aspen scientists have already observed measurable effects of global warming. Over the past 25 years aver-
age temperature has increased 3 degrees F, frost free days have increased by about 20 per year (see inset chart),
while overall precipitation has decreased by 6%-17% (depending on elevation), and the amount of precipita-
tion falling as snow has decreased by 16%. These and other findings were compiled in the Aspen Climate
Impacts Assessment (ACIA) released in July 2006:
the "low" (optimistic) emissions
scenario, in which global green-
house gas emissions peak around
500 ppm, Aspen is projected to
experience about 6 degrees F of
additional warming by 2100, giv-
ing it a similar climate to that of
Los Alamos, New Mexico. Un-
der the "high" scenario, in which
global emissions would continue
their rapid "business as usual" increase to around 700pptu, Aspen is projected to warm 14 degrees F by the
end of this century, giving it a similar climate to that of Amarillo, Texas. Aspen and the world can do better
than the "10\\1""" scenario, but we must start nov.-:
U sing the 2000 IPCC report, state
of the art climate models, and
data specific to the Aspen area the
ACIA was able to make climate
projections and illustrate the pos-
sible consc(]ucnccs of tempera-
ture change through the end of
the cen tury.
The projections used three dif-
ferent climate scenarios. Under
'1;;,1
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.
fi'......
c <-
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..
c
..
'0
i
.
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Frost-free days per year in Aspen as recorded at the Aspen National Weather Service
Cooperative Network Station, 1949-2004. In 1980 the Station was moved approx. 200 ft.
higher- causing the graph to depict less warming than actually occurred.
Climate Change and Aspen: An Assessment of Impacts and Potential Responses- Aspen
Global Change lnstitute 2006
The changes to climate and enviroomental systems that are likely to occur in the Aspen area under both sce-
narios, high or low, will affect the local environment, economies, and our quality of life. S01ne of these impacts
are listed 00 the following page.
DRAFT
Likely Impacts from Global Warming
Colorado and the other western Rocky :tYfountain states rely on snow pack for at least 750/0 of their water stor-
age. Increases in temperature will have significant impacts including, but not limited to:
. Peak rem-off coming earlier; adversely altering the working of natural water distribution
. Decreased natural water storage
. Increased summertime droughts
. Increased potential for water shortages throughout the Western Rockies
Current low water levels at Lake T\Jead
Pine beetle kill forests in CO
As temperature and C02-e concentrations increase, the plants and animals of Aspen's fragile alpine ecosystems
will likely be adversely affected:
. Local plant and animal communities will be pushed upward in elevation, causing
fragmentation and diminishing populations
. Some plant and animal populations will disappear altogether
. Tree growth will be limited by drier summers
. Spruce-fir forests will become more vulnerable to spruce beetle infestations (this is
already seen in Swnrrllt County's current blight and predicted loss of 901% of its
spruce-fir forests by 2(10)
. Aspen stands will become susceptible to gypsy morh invasions
. All forests will be increasingly susceptible to wildfires
Aspen's economic base as a resort ski town will also be affected by warmer temperatures due to the following:
. The winter starting later and spring snow melt con1ing a month earlier
. The ski season starting later and ending earlier
. Degradation of snow quality and an increase in precipitation coming as rain
. Redoced snow making capacity due to warmer temperatures and decreased water availability
For more key findings and in-depth information,]oll can download fUch chapter or thefitll report 'Climate Change and Aspen:
An Asswment rf/ Impmts and Potential Responses' by the Aspen Global Cbange Institllte at http:/ / lV1Vw.a,gri.01;g/.
DRAFT
Aspen's Greenhouse Gas Emissions
In 2004 the Aspen community's emissions totaled 840,875 tons of carbon dioxide-equivalent (C02-e) or 50
tons of C02-e per person, which is roughly double the U.S. per capita average. The break-down of GIIG
emissions produced in Aspen is illustrated in Graph (1) below. If Aspen's emissions increase at the same rate
projected for the rest of US. they ,vill reach 1,116,291 tons by 2025. Forecast emissions are based on popula-
tion growth and the associated increases in energy use and vehicles miles traveled. Conunercial and industrial
energy uses are projected to increase as well.
The Aspen Greenhouse Gus EmiSJiolls Invelllory Summary on the following page shows GHG emissions in Aspen
by sector and fuel. These inventories do not include halocarbons, nor do they consider land use and land cover
changes. A detailed description of the Aspen Emissions GHG Inventory and methodology is available at
www.aspenglobalwarming.com/whereC02comesfrom.cfm.
Graph 1: GHG Emissions by Sector
(short tons)
Aspen Emissions: Major Sources 2004
Thou....nds of Tans COz..
60
80
~
20
00
IiO
40
20
o
Aspen Greenhouse Gas Emissions 2004: Richard Heede, Climate Mitigation Services.
DRAFT
City of Aspen / Canary Initiative Summary
GloWI.II.lm* co. I!!rl' . 1I 011. MMrlfy. 2:tI04 ..........17__ ... - ~.............
~j'l ......-. r'"~.i"~
..... ,~~
... -
~~==....
r-..
~....-
1IIlII-...-....
_llflIII
-~-.....
_ 1lIIlM,.,..
..-.....--
--....-....... ......
ft'" __............
:=~~...
..... ........,... ..... .."'"
__ .. "L 100.....
r-
=A~w..~I'F,~-
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I...... r '...." 11IIiii':__~tiM
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-
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-
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__,I all.. 1ft'" F,...Q1iI_; I
"0& --I ..~J I =~ c=I
DRAFT
A Community Goal for Reducing Emissions
A rapidly increasing demand for energy will make slowing the growth in emissions a challenge. Reducing total
emissions will be even more challenging. Like all challenges, getting started is often the most difficult step.
Realizing this, the City began with small, achievable steps while simultaneously conducting more scientific
research and community outreach. In 2005, the City of
Aspen made a legally-binding commitment to reduce
its GHGs (government operations only) by 1% per
year by joining the Chicago Climate exchange and in
doing so created the G I I G cap and trade challenge of
a 1 % emissions reduction for all internal City depart-
ments (see inset).
By the end of 2006 the City of Aspen reduced its
emissions by 11.5% below 2005 levels. Aspen also
made a commitment to reduce community-wide emis-
sic)l1s when Mayor Klanderud signed the U. S. Mayors
Climate Protection Agreement in 2005. The Agree-
ment calls for communities to meet the Kyoto Proto-
col, however, Aspen did not set an official cmulTIunity
goal initially. After the release of the Aspen Climate
Impacts Assessment (hereafter referred to as the
ACIA), Canary Initiative staff held meetings with the
community at large, rcprc~entatives from the sectors specified in the Canary Action Plan, and with the Aspen
Global Warming Alliance. The consensus was that the City of Aspen needed to set a very aggressive reduc-
tion goal. Combining this directive with the information received from the ACI1\, recommended targets from
the IPCC, and the emissions reduction path laid out by state of California, the following community goal was
established (see Graph 2, page 12).
The Energy Behind the Goal
Economic and population growth, the energy intensity of our economy, and the carbon intensity of that
energy have historically been the four factors responsible for produing the GHGs that drive global warming.
However, population and economic growth are broader community issues that are not addressed in this plan,
except to point out how certain efficiency strategies can enhance the economic bottom line. Instead, this plan
seeks to achieve absolute reductions of GHGs (not tied to per capita consumption and regardless of economic
expansion) by directly addressing the energy intensity of our economy and the carbon intensity of energy.
DRAFT
To do this, the first thing we must do is lower the 'energy intensity' of our economy - doing more with less en-
ergy. This means that while we still need to heat and cool our buildings, and transport ourselves and our goods,
we must do so with much greater efficiency useing far less energy during the process. Lowering the 'energy
intensity' through improved energy efficiency has the added benefits of simultaneously lowering energy bills,
reducing our dependence on foreign energy, and strengthening local economies. Thus, it is extremely impor-
tant to immediately capture the 'low hanging fruit' and reduce our 'energy intensity' through energy efficiency
and by implementing existing technology.
Equally important to lowering the 'energy intensity' of our activities is the need to lower the 'carbon intensity'
of the energy we do use. Today nearly all of our energy comes from the burning of fossil fuels - the domi-
nant source of global warming pollution. It is crucial that we replace this energy with clean, renewable energy
sources such as wind, hydro, solar and biofuels. While the renewable energy industry is still in its infancy, we
undoubtably have the ingenuity to make the current technology morc cost-effective as \vell as create new and
improved technology to lead us into the future. Investing in renewable energy technolocy today decreases
emissions now, encourages development of better technologies, thus ultimatly enabling us to achieve our end
goaL
Establishing a goal and creating an action plan are only the beginning,
Impressive achievements in building energy efficiency, transportation,
recycling, and renewable energy have already helped and will continue
to help Aspen reduce per capita emissions. However, significant po-
litical and community will is needed if these goals and the challenges
presented by global warming are to be met. Ultimately, meeting this
challenge will be a direct result of individual action that drives a
revolution.
DRAFT
Graph 2: Aspen Emissions Scenarios to 2100
Tons CO 2-
Aspen GHG emissions 1990-2100: three scenarios
1,600,000
1,400,000
Aspen 2004 emissions;
840,875 tons C02-eq
1,200,000
1,000,000
800,000
600,000
400,000
200,000
Aspen on business as usual (lpeC's A 1)
Aspen on IPee's 81 emissions path
- Aspen Emissions Goals 2020 and 2050
(200,000)
1990
2020
2040
2030
2000
2010
Year
2050
2080
2100
2090
2060
2070
Above are three emissions scenarios for Aspen to 21Ol1.. The base year is 2004 with emissions of 840,875
tons CO", The black line represents a business-as-usual scenario, with an emissions peak in 2050. The blue
line shows the IPCC's B 1 scenario applied to Aspen, with an emissions peak in 2040. The red line shows the
emissions path proposed by Canary Staff as the City's emissions targets: reductions of 30% of 2004 by 2020
and by 80% of 2004 by 2050 with a peak in 2008.
Aggregate Emissions: 1990-2100 for each scenario
Aspen BAD (IPCC j\ 1)......... ................... .................130.1 million tons of CO",
Aspen Bl scenatto.............. ..............................96.4 million tons of CO2-e'
.Aspen's Emissions Goals 2020 and 2050..... ........................ ......37.2 million tons of CO2_t.
Scenarios and chart by Rick Heede, Climate ~htigation Services, January 2007.
",,"''0
DRAFT
Public Process, Results & Actions
The final Canary Action Plan is the result of collaboration between the Aspen Global Warming Alliance,
members of the public, businesses, non-profit organizations, utilities, and City and County staff. The draft plan
was released for public comment in April 2006, and copies were distributed to community members and the
various entities listed above. As is illustrated in the section, "1\ Community Goal for Reducing Emissions", the
City of Aspen held meetings with community members and the specific sectors highlighted in this document,
building, transportation and electricity, to present the draft and to invite comments and improvements. Com-
munity members and sector representatives were encouraged to engage in conversation with City staff regard-
ing how to address global warming and were invited to SUbllUt comments on the Canary Action Plan.
The final plan makes use of much of this feedback in identifying specific measures that the City government
can implement to reduce emissions. This plan also emphasizes a need to equip community leaders and decision
makers with the knowledge and tools needed to address the causes, and expected impacts, of climate change
so that they may lead their families, neighborhoods, and companies to reduce GHG emissions in the ways
most effective to them.
The City of },spen recognizes that in order to reach any meaningful goal for emissions reduction, consider-
able effort will be required by the City, Pitkin County, the Roaring Fork Transportation }\uthority (RFTA),
County Employees Advocating Saving Energy (CEASE), other local governments, utilities, schools, the com-
mercial and non-profit sectors, individual residents, and visitors. In the interest of open dialogue and with the
recognition that the problems of, and solutions for, global warming will continue to evolve the Canary Action
Plan will also continue to evolve. Emissions reduction goals and sector objectives will likely remain the same,
however, the action items will be retired and updated at the time of each inventory as deemed necessary by
staff and City CounciL The City of Aspen will continue to engage the public sector and community at large in
the Canary Action Plan. Ideas for future measures are listed in the document "Canary Action Ideas" which can
be found online at \vvV\v.canaryinitiative.org. C01ninents and suggestions for this document can also be submit-
ted via the web site.
It is vital that everyone recognize that addressing global warming requires action on the individual leveL Each
of us can and must make a difference. For example, the typical Aspen household generated approximately
52,540 pounds of C02-e in 2004. The Canary Counter on page 16 gives average individual emissions for a
US. resident and can be used to calculate personal emissions. To precisely calculate and track your personal
emissions as well as the inoney you spend on energy services, you can use the ,I:'~nergy Tracker. To access the
Energy Tracker visit W\.\'V.~canaryinitiative.com click on "Calculate Your CX)2 Emissions" and click on En-
ergy Tracker. If you choose to fill out the Energy Tracker please consider sending it to us at globalwarming@
ci.aspen.co.us . Your data will help the City learn more about the energy usage of local citizens. To learn how
you can reduce your indi\~dual emissions please go to the Canary Initiative web site or feel free to contact the
City of Aspen Canary Initiative at (970) 429-1831. To learn more about the impacts of global warming on win-
ter sports and to speak out for federal action please visit \VW\\t:savesnow.com. r.'or 1110re information on how
to make your home energy efficient please visit www.aspencore.org.
DRAFT
Canary Action Plan Components
This plan identifies five primary sections with specific GHG reduction targets and timelines as well as a Policy,
Research & Education section which ,,~ll help enhance the success of the other five strategies but is not cred-
ited directly ,,~th quantifiable reductions. Each section has a set of main objectives. These objectives, which act
as the core of the Canary j\ction Plan, will be met by key reduction measures that will be revisited every two
years, when the Emissions GHG Inventory is updated. Table (1) indicates the target reductions for each com-
ponent in units of short tons (2,000 pounds).
Table (1) : Action Plan Sections & Reduction Goals from 20041evels (in tons)
Component/Emissions reductions in tons of C02-e by _2020 2050
Policy, Research & Education...................................................................................N A
Buildings: Energy Efficiency.............. ........... ...... .......................21,351... ......... .85,403
Ground & Air.............................................................................111,132...........444,530
Electricity: Renewable [.:nergy....................................................33,311...........133,246
Landfill: Waste Reduction, Recycling.........................................2,315................9,262
Carbon Offsets: Local Energy Offsets............................................66...................259
TOTAL......................................................................................168, 17 5............672,700
Objectives
A. Policy, Research & Education
1. Ensure that education and policy decisions at all levels - government, business, and indi-
vidual - seck to significantly reduce greenhouse gas emissions.
2. Provide education in a variety of venues, and data needed by the cornmunity to understand the
need for action to reduce global warming.
B. Buildings: Energy Efficiency
1. Reduce greenhouse gas emissions 20% below 2004 levels in all City of Aspen
facilities by 2009.
2. Require all new construction (commercial & residential) to be 50% more energy
efficient than the International Energy Conservation Code by 2009.
3. Encourage and incentivize existing buildings (commercial & residential) to reduce
GHG emissions 20% below 2004 levels by 2009.
C. Transportation: Ground & Air
1. Reduce the volume of single occupancy traffic into Aspen and around town.
2. Create a mass transit-oriented transportation alternative into Aspen that is more convenient and
affordable and has lower G HG emissions per passenger mile than the average private vehicle.
3. Increase the use of highly fuel-efficient and low emissions-fuel engines and machinery in on-road
and off-road vehicles.
DRAFT
4. Require that all new development projects have a net decrease in transportation related emissions
compared to existing development conditions.
5. Reduce emissions from air travel.
D. Electricity
1. Generate and/ or purchase 45% of Aspen's electricity (community-wide) from renewable
resources by 2012.
E. Landfill: Waste Reduction & Recycling
L Increase the overall solid waste recycling rate by 20% over the 2006 baseline by 2009.
2. Decrease the amount of solid waste generated.
E Carbon Offsets: Local Energy Offsets, Forestry & Other
L Provide a reliable and effective option to offset G H G emissions.
2. Educate City staff and the community on the global warming impacts of the industrialized food
supply chain and encourage the cultivation and purchase of locally produced foods,
Indicators & Other Measures of Success
Tracking and measuring the results of the Canary Action Plan is very important as it will help City staff deter-
mine the success of the .Aetion Plan, and in doing so, will guide future policies, outreach, and education. The
City of Aspen will mo;'itor the success of Canary Initiative efforts by updating the inventory for all GHG
emissions (within the Aspcn Urban Growth Boundary) every two years and at the same rime prepare a report
on our progress in implementing this plan. The report will include data on local energy use, renewable power
purchases, travel, solid waste disposal, and recycling rates. The progress report will also identify areas from the
plan needing continuing work as \vell as additional actions from the Canary Action Ideas to pursue over the
next two years. The following indicators will be used to measure the Canary Action Plan's success.
. Tons of C02-e reduced
. Tons of C02-e offset
. Energy upgrades performed through the Community Office for Resource Efficiency (CORE) and
Holy Cross incentives
. Nunlber of City departments actively reducing emissions
. Number of businesses tracking their energy use and actively reducing their clTllssions
. Number of households tracking their energy use and actively implementing efficiency measures
. The carbon intensity of each dollar spent in the local economy
. Average annual daily trips into Aspen
. Tourism and lodging occupancy
(please note that all of these factors applyfor actitJity oCl1lrrin.g "Iithin the Aspen Urban Growth Boundary)
DRAFT
The Canary Counter
Per household greenhouse gas emissions
Source Units Rules of Thumb
Electricity
~~
Natural Gas I
Propane ~
Waste
e~
kWh
(Aspen Electric)
kWh
(Holy Cross Energy)
kWh
(Xcel Energy)
kWh
(Renewable credit)
CCF
(Kinder Morgan)
gallons
(Propane)
gallons
of trash can)
# of full
recycling bins
$100 electric bill = 1,300 kwh
Total Ibsl Total Ibs
Units unit of CO2
0.611
1.65
2
-1
10.077
'- 10.077
62.5
500
$100 electric bill = 1,000 kwh
$100 electric bill = 900 kwh
$2.50 Renewable fee =
100 kwh
$100 gas bill = 100 CCF
$100 propane bill = 40 gallons
(size standard can = 32 gal
large can wi hinged lid = 96 gal
1 bin I wk = 500 Ibs I yr
Road Travel
.~
Air Miles
~
gallons (gasoline)
gallons (diesel)
miles (RFTA bus)
miles (carpooling)
miles
(commercial)
20 miles = 1 gallon
20 miles = 1 gallon
Glenwood to Aspen = 45 miles
Glenwood to Aspen = 45 miles
Aspen-New York = 1,895 miles
Aspen - LA = 935 miles
Aspen - Chicago = 1,021 miles
Aspen - Miami = 1,828 miles
Aspen - Paris = 4,980 miles
19.59
22.38
0.23
0.69
0.574
Tree Planting
# of trees planted
trees act as a carbon 'sink' thus
preventing the carbon dioxide it
absorbs from entering the
atmosphere
-25
DRAl'T
Canary Action Plan
A, Policy, Research and Education
The City of Aspen will assume a leadership role in taking aggressive, prudent action to reduce GHG emis-
sions. This action will be rooted in performancc-based policy to allow creativity and flexibility in accomplish-
ing our goaL Policics will strive to incorporate life-cyclc analysis, considering the long-term costs and impacts
whenever feasible, so that policy makers and the community and can make better decisions. High quality,
accurate, and timely information is essential to implementing these policies successfully. The City must ensure
that the community has access to trus information and becomes increasingly aware of global warming and the
impacts residents and businesses have on GHG emissions.
Objective 1: Ensure that education and policy decisions at all levels - government, business,
and individual - seek to significantly reduce greenhouse gas emissions,
Government Actions
2007-2009
1. Update the inventory of GHGs from City operations and track related solid wasre, energy, economic, and
environmental data every two years starting with 2007 data.
2. Explore City initiated funding mechanisms to reduce GHGs.
a. GHG reduction impact fee on development.
b. GlIG reduction fee for city government utility accounts.
c. System improvement fee and/or a system benefit charge and/or energy intensity target-based
billing for electricity, natural gas, and propane.
d. W'aste diversion charge dedicated to GHG emissions reduction.
c. Extend parking pricing to all appropriate areas to reduce single occupancy vehicle use, and dedi-
cate a portion of revenue to reduce vehicle tniles traveled.
f. Increase paid parking rates as needed.
g. Offset program with revenne declicated to local reduction projects.
h. Establish a carbon tax that dedicates its revenue to future energy efficiency projects.
3. Expand education of employees and department heads on global warming with a focus towards specific
operational changes that can be made to reduce GHG emissions.
a. Require employee education on fuel efficient driving and reducing energy consumption at work
Ii. Create an interactive web page/blog where City employees can share progress and ideas, and
solicit feedback for energy efficiency and other C02-e reducing measures.
PROGRESS 2006: At the All CIty Employee MeetilcgJ during Odober 2006 time was spent educating, sharillgprogress
and takingjeedback from staff on the Canary Initiative.
DRAFT
4. Establish policy that accurately accounts for specific departmental energy use/ savings.
a. Explore allocating energy use/ expenclitures to the respective City department budgets.
b Help City departments establish their own GJ-IG reduction action plans, consistent with or
exceeding conununity goals.
PROGRESS 2006: In 2006. itaff assisted the Parks Department in ".,ati~g its own adion plan.
c. Create an employee advisory committee to advise the Canary Initiative on ways the city can con-
tinue to reduce GHG emissions.
5. Review all major City policies and programs in the early stages of development to integrate the goals and
actions set out in this plan and to identify other ways to reduce related GHG emissions.
a. Explore the feasibility and implications of converting the down town Fire Hearth into an alterna
tive fuel demonstration project, that if successful in providing a lower emissions output would act
as an exal11ple of ;1 low emissions alternative to other conventionally fueled 'decorative' fire places or
hearths in Aspen.
6. Identify the largest areas of growth in Aspen and forecast future emissions from projected growth rates in
order to effectively target emission reduction policies.
Objective 2. Provide education, in a variety of venues, and data needed by the community
to understand the need for action to reduce global warming,
Community Actions
2007-2009
I. Implement and support education and outreach programs to inform local and regional elected officials, the
general public, media, and community leaders about the causes and impacts of and solutions for global
warrrung.
a. Demonstrate how it is possible to improve Aspen's economy and environment through emissions
reductions.
b Improve eommunity understanding of global warming and the projected global, regional and
local impacts of climate change.
c. Inform residents, businesses, and institutions about how their actions affect global warming by
reporting C02-e lbs on utility bills, energy audits on transfer of property, etc.
d. Encourage residents, businesses and institutions to reduce GHG emissions via City
programs, public meetings, public educational events, ete.
e. Provide teachers and students with access to educational materials about global warming
d.. Create educational programs, groups and challenges in the local schools that advocate sustainable
living and global warming awarness.
DRAFT
PROGRESS 2006: (a) In 2005 Jtaff mndlided a workshop for ACRA membm all how to 1m CIIergy efficiCIICJ as all
economic detlelopmCllt tooL (b) In 2005 & 2006, Jtaff pmellted the Canary Initiative to represelltatives from over 50 cities
and over 20 organizations, (c) Four 'tOIVII meetings' were beld to Joli,it publicjeedback, Press releamfor the GHG Emis.
Jions II1I;ento~-y and the AeVI received excell,"t local and regional cOI)erage, Additional media mverage bar incll/ded ColoradJ!
PI/blic Radio, National Public Radio, ABC News, as well as numerous pieceJ on local radio, TV and newspapers. The Aspen
Climate Adion Conference, hosted in October 2006 WtlS attended by Oller 120 representati1!es from resorts, towns and bl/sinesses
;rom around the West.
2. Provide tools to the community to estimate its GIIG emissions and make emissions reductions.
PROGRESS 2006: The Energy Tracker was introdl/ced to individuals C", bllsinesses with the help of Maroon Corps. At
least 4 major bl/sinesJes are now tracking their energy conSl/mption. Ol/r website
UJWJV. canot:yinitiative, com provides ma/!Y resourcesfor emissions redudions. Bonneville BmJironment roundatiol1 a/so created
www.a.rpellgreentags.orc~ that allows A.lpenites to quantifj their GHG emissions with local aea/rat) and offset their emissions
online - with 10% of the promds retl/rning to AspCll for emissions redudion projcds.
3. Encourage and support reduction efforts at regional, state, national and international levels.
a. Work with other cities to create sound climate policy.
b. Support efforts to lobby for state and federal climate policy.
PROGRESS 2006: In order to ad1'Ofate for change at a larger Jcale as well tIS learn from other cities, Aspen has been a
member of IeLf:!:r CitieJ for Climate Protection Jim? 1997 and has participated in three U.S. Mayor.r SummitJ including
S'lIldam? The City htlS been a Sltpporter of Native Energy. To advocate for Jtate action on GHG:r the City collborates with
RockJ MOl/ntain Rai/Authority and iJ a primary sponJor and active participant in the ColoradJ! Climate Project.
4. Prepare a progress report on the Canary Action Plan every two years, and propose action items for the sub.
sequent years, starting in 2008 in conjunction with the updated emissions inventory.
DRAFT
B. Buildings: Energy Efficiency
The City of Aspen will collaborate with the Community
Office for Resource EffiCiency (CORE) in scope, staffing
and budget to promote energy efficiency and conservation
as the preferred strategy. With REMP funding and funds
generated through other local emissions offset programs,
CORE will take a lead role in developing energy-saving
programs and continue to build partnerships with other
valley governments, non-profits, utilities and private sector
business to inlplement energy programs.
,Principles for Reducing Building Energy Use:
1. Consider community values along with a broad defini-
tion of cost effectiveness that includes total costs to indi-
viduals and all resource savings.
2. Benefit all neighborhoods and citizens with particular
attention to low inc01ne residents.
3. Support local business and expand local infrastruc
ture for delivering energy-efficiency services.
Greenhouse gas emissions from buildings accounted for
32.5 % of Aspen's GHGs in 2004. Electricity, natural gas,
and fuel generated 273,311 tons of greenhouse gas emis-
sions in 2004. The GHGs associated with electricity use in
the Aspen Greenhouse Gas Emissions Inventory 2004 ac-
curately reflect the carbon intensity fro111 each source: coal,
nuclear, hydroelectric and wind generation.
The energy efficiency objectives are achievable, but ambi-
tious, particularly given the growth trends and changing nature of the energy industry. Fully implementing and
expanding existing CORE programs and other City, County, State, and regional initiatives as well as the servic-
ing utilities will capture maximum energy savings.
Objective 1: Reduce GHG's 20% below 2004 levels in all City of Aspen facilities by 2009.
Government Actions
2007-2009
L Invest in all energy efficiency measures with simple pay backs of 10 years or less.
'.:, I
DRAFT
PROGRESS 2006: Majorprojects that have been implemented or approl'ed i1ldude boiler rcplacemmt at th, IVh"l,r Opera
Hous" mergy audits at the Red Brkk & Yellow Brick school buildil(gS a1l1 som, affordable housing nnits, distribution pumps
jor the water deli,','Y system, irrigatioll pnmp r'placement at the golf (o/!1:fe, alld $1 milli01l woTth of improvements at the
A.rpell Recreatioll emter. Several other millor projeds hav, been implement,d or jUlldillg har bem approlled.
2. Require the calculation of life cycle cost analysis in the City Asset Management Program when applicable
under the "Energy Systems & Materials checklist".
3. Develop and adopt energy and resource-cfficient building standards for all existing City facilities.
a. Require all city-funded remodel projects to excced the International Energy Conservation Code
bv 15 % on retrofits.
b. Requirc Energy Star<!\! or equivalent products, when available, for any new equipment that uses
electricity or natural gas.
c. Explore requiring audits of affordable housing properties at time of sale, funded by the City.
Improve audited units to the Energy Star<!\! level or better.
PROGRESS 2006: The High Performance Buildi1lg Poliey was incorporated into city policy, requiring all city/ullded projetis
to establish p'rformallce targetJ, illclud, them ill th, budget alld bid process alld pr01>ide lijicyde analysis.
3. Continue to convert City street lights and work with COOT to convert traffic signals to the most energy ef-
ficient technology where appropriate.
Objective 2: Require all new construction (commercial and residential) to be 50% more
energy efficienct than the International Energy Conservation Code by 2009.
Community Actions
2007 - 2009
1. Actively promote/ expand the implementation of local residential energy efficiency programs funded
through CORE, City of Aspen, and utility providers. Continue to expand financing for the purchase of high-
efficiency appliances at titne of thier replacement, heating and cooling systems, weatherization services, and
renewable energy systelTIs.
a. Implement cOffitTIunity based outreach efforts to pr01TIote energy and water conservation, solid
waste reduction, safety, and livability.
PROGRESS 2006: (a) Th, City of Aspm Utiliti,s Departm,nt lannched a Dema1ld Side ManC{gemmt program illcludillg
ftna1lcial assistallcejor appliam, "bates, renewable ene~gy systems and energy andits. (b) Presentatiolls 011 waste redllctioll alld
reeyclillg were ,gilJen by EH alld Canary staff to local 5th graders and the gmeral publit through America Reeydes Day.
b. Provide efficient building design assistance and technical resources to Aspen residential
developers, designers, home builders, and residents.
DRAFT
c. Develop and implement a plan whereby each housing and commercial unit in Aspen nlust meet
its REMP requirements through on site renewable energy and efficiency practices, effectively
retiring the REMP in-lieu fee option within a 10 year period through incremental increases in the
percentage of renewable energy required and raises in the fee strucntrc.
2. Increase energy efficiency requirenlcnts for all construction.
a. Expand the requirements for the Renewable Energy Mitigation Program (REMP) in residential
projects and extend it to include commercial development.
PROGRBS S 2006: The City set very high performam., targets for recent affordable bousingprojects. Burlingame residential
units are expeded to be 50% more elficient than the International Energy Efficiency Code.
Objective 3: Encourage and incentivize existing buildings (commercial and residential) to
reduce GHG emissions 20% below 2004 levels by 2009.
Community Actions
2007-2009
L The City of Aspen will actively promote! expand the implementation of local residential energy efficiency
programs funded through CORE, the City of Aspen and utility providers. Continue to expand financing for
the purchase of high-efficiency appliances, heating and cooling systems, weatherization services, and renewable
energy systems.
a. Facilitate the auditing and weatherization of 50 households.
b. Implement community based outreach efforts to combine and promote energy and water
conservation, solid waste reduction, safety and livability.
c. Provide efficient building design assistance and technical resources to Aspen developers,
designers, builders, and building users.
PROGRESS 2006: The City iJ in the procm of conductif{g dr first rOllnd if audit, on afjordable homing units around
AJpen.
2. Increase energy efficiency requirements for all construction.
a. T~xpl()re requiring an energy rating of residential properties at time of sale.
h Explore requiring energy use per square foot benchmarking for commercial properties at time of
sale, change of use, and! or building permit application.
3. Assist small businesses, non-profit organizations, and public agencies to gain access to energy efficiency
serVIces.
PROGRESS 2006: In 2006 the Maroon Corp.r and the Callary Initiative teamed up to aJSiJt local busillesseJ ill tracking
tbier energy IIse and GHG emi.r.rions via the Energy Tracker, identifying strategie, to reduce emissions, and potentially oJJset
em;JJiollJ.
DRAFT
C. Transportation: Air & Ground
The City shall pursue energy efficient transportation that provides convenient, affordable access to goods, jobs,
education, recreation, and information with reduced GHG clnissions.
Principles for Reducing Transportation Emissions:
L Actively encourage and continue to improve the means of public and alternative
transportation.
2. PrOlTIote the economic, environmental, and social benefits of alternative transportation, including
developing an active and healthy community.
In 1993 the City of Aspen adopted the Aspen Area Community Plan which outlined several transportation
goals to reduce congestion and air pollution, most of which would also reduce GHG emissions. Thirteen years
later the accomplishments from this plan include maintaining ]-Iwy 82 traffic volumes at 1993 levels, develop-
ing a comprehensive Transportation Demand Management program, instituting paid parking, the purchase of a
valley-wide transportation corridor, and significant transit improvements.
Recently the City requested COOT undertake a re-evaluation of the Entrance to Aspen EIS and is currently
conducting a community process to determine a solution to the long debated issue. The City views alternative
transportation to be a crucial clement to reducing GHG emissions. \",\re recognize that reducing transportation
cmissions will require a multi-pronged approach. First, the need for vehicle trips in and out of Aspen should
be reduced as much as possible. Second, a clean-fuel transit system must make access in and out of the city
convenient and affordable, while producing emissions much lower than today's levels. These two measures by
themselves might actually increase emissions by reducing cars on the road thereby making driving that much
lTIOre attractive. Therefore, a third component is necessary which is to discourage or even limit driving into
Aspen.
Objective 1: Reduce the volume of single occupancy traffic into Aspen and around town.
Government Actions
2007 -2009
1. Expand City policies to further encourage alternative transit whenever appropriate for employee commuting
and to require alternative transit during travel for business whenever feasible.
2. Reduce per employee vehicle miles traveled in City vehicles by 10% by 2009 by promoting teleconferencing
and the availability of pedestrian and bicycle transit and carpool options for business commutes and trips.
a. Promote the City Car Share program to City departments.
DRAFT
PROGRESS 2006: Starting in 2006, each department was challenged to reduce dr GHG emissiolls 1% below a 2005
baseline. If the department met the ,goal, every employee meived a $100 bonlls. If the entire City met the ,goal, each employee
got an additiollal $1 00 bon liS. This challerzge illcluded tracking electricity, lIatllral gas, gasoline, diesel and air trave!. Partly as
a reSlllt if this challenge, the City redtlced its emissions 11.5% the first year, with nearly all departments meetillg their goa!.r.
In addition to the challenge, an interactil!e checklist of redtlction strategies (incltlding alternative trallsportation options) was
provicled.
3. Continue to encourage City telecommuting and flexible hours policies to avoid one commuting day per
month per employee (average).
Community Actions
2007-2009
1. Continue to work as a member of RFTA to improve transit service in the Roaring Fork Valley by increasing
the speed, frequency, reliability, and attractiveness of transit service between and within valley communities.
a. Partner with surrounding communities and RFTA to implement Bus Rapid Transit (BR"1) includ-
ing faster valley service, new vehicles (alternative fuel, cleaner, greener, quieter), new or enhanced
transit centers, ITS Components, valley-wide trail, and valley-wide safe pedestrian/bike linkages
\\~th public transit as quickly as possible.
PROGRESS 2006: The City Cotln,il, eDOT. the Transportation department and RFTA experimented lVith several
oPtions to increase transit service and implemented a bUJ lane down Main Street that greatly improved transit service. RFTA
also initiated 1'2 hOllr .rervice to the lower Roarin,g Fork Valley and mmmitted fund.r to purchasing more hybrid buseJ.
2. Expand the participation in the Transportation Options Program (TOPs) and reduce single occupancy ve-
hicle (SOV) trips by 10% .
a. Expand the number of businesses that offer transit passes to all employees and tourists by 10%.
b. Encourage businesses to offer transit passes to customers/ clients.
c. Encourage businesses to provide transportation in and around Aspen so that personal vehicles
are not needed to commute.
d. Encourage all employers who offer subsidized parking to employees to also offer a parking
"cash out" - an equivalent payment to employees who do not require vehicle parking.
PROGRESS 2006: The CIty sponsers the Roaring Fork Valley Vebicles Car Share program.
3. Extend paid parking to/increase parking rates in all appropriate areas to SOV use, and dedicate excess rev-
enue to reduce vehicle miles traveled.
PROGRESS 2006: Parkin.g Department staff proposed C/ plall to expand the limits of paid parkillg.
DRAFT
4. Investigate a City-wide residential parking permit and state-wide registration fee based on a vehicle's GHG
emissions. Revenue should go towards reducing use of says.
5. Advocate for transit-based alternative transportation to and from Denver, competitive with the personal
automobile.
Objective 2: Create a mass transit-oriented transportation alternative into Aspen that is more
convenient and affordable and has lower GHG emissions per passenger mile than the aver-
age private vehicle.
Community Actions
2007-2009
1. Commit to endorsing the lowest emissions, transit oriented solution that is feasible for the Entrance to
Aspen.
Objective 3: Increase the use of highly fuel-efficient and low emissions fuel engines and
machinery in on-road and off-road vehicles,
Government Actions
2007-2009
L Create City policy that sets a minimum fuel-efficiency for each c1ass/ type of vehicle purchased.
a. Increase the average fuel efficiency of passenger vehicles in the City fleet by 10% by ~009.
2. Require the use of low or no-C02-e technologies in all City vehicles and equipment, such as medium-duty
construction equiplnent.
a. Dedicate funding for research and development of these technologies.
3. Educate all cluployees on fuel-efficient driving practices, such as avoiding unnecessary idling.
4, Maintain EPNs "Best Environmental Practices for Fleet Maintenance", or similar policy in the City's Street
Shop.
PROGRESS 2006: The City StreetJ Department iJ currently uJing tbiJpractice.
DRAFT
Community Actions
2007-2009
1. Shift all SOV trips above 1993 levels to alternative modes.
2. Strongly advocate raising the federal Corporate Average Fuel Economy standard.
3. Encourage the use of low or no-C02-e technologies in non-road vehicles and equipment
4. Work to increase private citizen fuel efficiency.
a. \Vork with vehicle maintenance providers to educate consumers about the potential savings and
impact on fllel conSllmption of maintaining vehicles properly and practicing fllel-efficient driv-
ing techniques.
b. Support programs to retire and recycle inefficient vehicles.
Objective 4: Require that all new development projects have a net decrease in transportation
related emissions compared to existing development conditions,
Government Action
2007-2009
L Establish City policy that requires a net decrease in transportation related emissions compared to existing
developments, such as affordable housing projects (this may involve offsetting new GHG emissions).
2. Minimize construction traffic on llighway 82 and around town.
a. Limit parking passcs for construction projects.
b. Work with the construction industry and transportation providers to reduce vehicle trips to and
from construction sites. This could include new services for shuttling workers, tools and materials.
Community Actions
2007-2009
1. Continue to support the connection between land use and transportation impacts by supporting the City of
Aspen's Commllnity Development Office in its effort to align City policies in both areas.
3. Continue to promote growth through redevelopment and in fill that maintains or improves the quality of life
for existing neighborhoods.
a. Explore limiting development where alternative transportation options are not available.
DRAFT
3. Expand the City's TOPs Program, which includes policies to reduce vehicle miles traveled and increase non-
motorized vehicle trips.
4. Implement new parking ratios in the Land Use Code and support programs that allow for innovative new
development to occur with alternative transportation in design.
a. Explore loosening parking requirements for development where significant alternative transpor-
tation options are incorporated.
5. Continue, as a mClnber of RFTA to work with other jurisdictions/organizations to improve access to transit
serVlces.
PROGREfJ 2006: The City Transportation departmmt (/nd RFTA '.'<Perimented with s""raloptiollJ. to increase Iran-
sit service, and implemented a bus lane down Main S treetthat greatlY improlJed transit service. RFTA also initiated '12 hour
service to the lower Roaring Fork Valley and committed fund, to purchasing more hybrid buses.
Objective 5: Reduce emissions from air travel.
Community Actions
2007-2009
1. Conduct a new comprehensive GHG Emissions Inventory of the air travel emissions of residents and visi-
tors arriving and departing from the airport in Aspen.
2. Work with the Board of County Commissioners, the Aspen Pitkin Airport and CORE to ereate, manage and
promote a voluntary carbon offset program funds from which will be invested in local, verifiable ghg emissions
offset projects and efficiency programs in order to mitigate ghg emissions from air travel.
3. Encourage the use of more fuel efficient Jets and discourage use of less fuel effieient jets.
PROGRESS 2006: United Airlines, with the support of Aspen Pitkin Airport purchases a new fleet of CRJ700}
thereby illcreasillg their fuel eJ!iciency by approx. 30%.
4. Encourage visitors and residents to use the InDst fuel efficient method of transportion when traveling Den-
ver, Eagle or Grand Junetion.
a. Promote alternative transportation to visitors and encourage fuel efficient rental car fleets.
5. Explore new technologies for auxiliary power units (APUs), runway taxi energy use, ete.
DRAFT
D, Electricity
Aspen Electric provides renewable energy at no additional charge to the customer. Holy Cross Energy offers
customers the option of purchasing electricity from renewable sources.
Principles for Reducing Building Energy Use:
1. Support environmentally responsible, sustainable energy sources such as solar, wind, geothermal,
biomass, and small hydroelectric power plants.
2. Meet all growth in electricity demand since 2004 with new, zero-carbon dioxide sources of electric-
ity with an end goal of 100% renewable energy by 2015.
The City anticipates that future development of renewable energy resources by Holy Cross Energy, other re-
gional utilities, and private power producers will depend substantially on customer demand. However, because
Holy Cross Energy serves a substantial portion of the population within the Aspen Urban Growth Boundary,
the City is committed to working with it directly as we estimate it '.vilI need to substantially increase its renew-
able portfolio if we are to meet the Canary Initiative emissions reduction goals.
The GHGs associated with electricity use in the Aspen Greenhouse Gas Emissions Inventory 2004 were
calculated to accurately reflect the carbon intensity from each source, such as coal, nuclear, hydroelectric and
wind-generated electricity. It should be noted that per the steps outlined in this plan, our electricity will contin-
ue to be generated by more and more renewable energy sources, therefore lowering its ~carbon intensity', and
thereby n1aking it a 'clean' source of energy. \X-'hen it becomes cleaner than natural gas and oil, we may turn to
electricity to meet the needs of heating our buildings and/or powering our vehicles. Although this would likely
result in more energy use, greenhouse gas emissions could drop dramatically. This is an example of how we
tnust constantly re-evaluate our energy use, always focusing on lowering ~energy intensity' and ~carbon inten-
sity.'
Objective 1: Generate and/or purchase 45% of Aspen's electricity from renewable resources
by 2012.
Government Actions
2007-2009
1. Create a plan to generate and/or purchase 100% of Aspen Electric's electricity from renewable energy re-
sources or as close to it as is feasible.
a. Expand the Demand Side Managemen t program to reduce demand by 5% by 2009.
b. Install on-site renewable energy systems at appropriate City facilities.
c. Continue to explore cost effective opportunities to invest directly in new larger-scale renewable
projects like wind, photovoltaic, geothermal, and landfill gas systems.
d. In all new contracts with outside electricity providers require that 10% of the purchased portfo
liD be from renewable sources.
e. Require any new coal power the City buys be "clean" to encourage innovative technology.
DRAFT
PROGRESS 2006: This year Aspen Electric increased Its percentage of non-carbon electricity to 73% thr01lgh increased
hydroelectric output and an Increased investment In wlnd-generated electridty. Aspen Electric has also Implemented a Demand
Side Management Program incentilizlng energy eJfidemy throl{gh rebates. Aspen Electric is also exploring the ,'iabillty of
building another hydroelectric plant.
2. Explore establishing a 'hot water' utility where hot water would be produced by renewable resources and
could be provided for space and domestic water use.
3. Explore partnering with Pitkin County by purchasing electricity from the methane recapture project at the
landfill, should the project develop.
Community Actions
2007-2009
L Encourage lloly Cross Energy, through its customers, staff and board of directors, to increase its renewable
energy portfolio to 250;',.
PROGRESS 2006: As a fo1lnding member IIf CORE and the A.rpen Global Warming Alliance, /-Iofy Cross Energy has
been acti1>efy pur.ruing renewable energy and demand side management. Their existing renewable energy portfolio is 7.5%. of
total output.
2. Include renewable resource requirements in utility franchise agreements.
3. Support the deployment of small-scale renewable energy systems in mobile applications.
4. Provide technical assistance to builders and developers to incorporate passive solar design, solar water heat-
ing and photovoltaics in building-integrated designs.
5. Support a gradual increase in the renewable percentage re'luirement under Colorado Amendment 37-The
R""JI'able Energy Standard.
DRAFT
E. Landfill: Waste Reduction & Recycling
The City shall promote solid waste management practices that reduce GHG emissions and promote commu-
nity understanding of the relationship between solid waste reduction and global warming.
Principles for Reducing Emissions from Solid Waste
1. Reduce the generation of solid waste, including source prevention and reduction in packaging and
other excess materials by recovering materials from the waste stream for direct reuse and recycle
whenever possible.
Reducing waste, recycling and reusing products and materials all reduce GHG emissions. Preventing waste
at the source and reducing extraneous materials like packaging reduces the need for raw materials and energy
throughout the life cycle of manufacturing, transportation, reuse, and eventual disposaL Using recycled materi-
als in manufacturing processes typically requires substantially less energy than using virgin materials. Lastly, de-
creasing the amount of \vaste sent to landfills reduces emissions of methane (a GI-IG fi10re potent than carbon
dioxide). Pitkin County is currently in the process of exploring electricity generation from methane capture.
Should this project go forward the City of Aspen will work \\~th the County to purchase electricity from the
landfilL
Objective 1: Increase the overall solid waste recycling rate by 20% over the 2006 baseline by
2009.
Government Actions
2007-2009
1. Track waste disposal and recycling pracrices and quantities at all City facilities. Use rhis information to set a
recycling rate goal for City facilities.
Objective2: Decrease the amount of solid waste generated.
DRAFT
Government Actions
2007-2009
L Require that all events that receive City funding minimize waste.
a. Establish policy that would require that all City-funded events to be "Zero-Waste".
b. Create a 'Guide to Zero-Waste' for departments.
c. Secure use and location for compost bin.
d. Obtain a supply of reusable materials and utensils for small City meetings and functions, and
develop a strategy to reuse them.
2. Expand City policies for greater papcr rcduction.
a. Use recycled products with at least 30(~/o post consumer recycled-content. Investigate establishing
standards for the purchase of additional recycled-content products.
b. Rccluire purchasing printers and copiers with duplexing capacity.
c. Make duplexing the default setting for all City owned computers.
d. Implement a City practice of posting and/ or circulating memos, using fax post it notes or
reusable cover sheets, dedicating one tray in printers to "recycled" paper (i.e. paper that has
already been printed on one side).
3. Require City contractors and vendors to document the use of recovered material in their product and fol-
law environmentally responsible solid waste 111anagement practices.
4. Require that all City funded construction projects be deconstructed and/ or use 10% of recycled -content
and or reclaimed products.
Community Actions
2007 -2009
1. Expand the viability of deconstruction (and use of recycled materials) for small and large scale building
projects throughout Aspen.
2. Increase curb side recycling and other residential/ commercial recycling.
3. Develop residential food and yard waste collection options.
4. Assist local businesses in developing and implementing improved solid waste management practices and
continue to increase commercial recycling.
5. Continue to promote the reuse and recovery of electronic devices and increasing recycling capacity.
DRAFT
E Localization: Carbon Offsets, Food & Other
Principals for Enhancing C02-e Sequestration and Mitigation
1. Pursue carbon-offset strategies to complement, but not substitute for, local emissions reduction
strategies.
2. Promote consumer behavior that reduces GHG emissions by purchasing locally produced food
and other products and services.
Offsets
One of the largest and easiest up-front actions Aspen can take to mitigate its GHG emissions is to purchase
carbon offsets. However, there arc a few important limitations to offsets that must be addressed for an off-
set purchase program to bc scientifically and economically sound. There is not a given ratio of money to any
specific weight of carbon offset; different renewable energies and efficiency measures produce or save varying
amounts of electricity and thus mitigate carbon en11ss10ns at varying levels. Adding to this uncertainty is the
fact that the carbon market in the United States is currently unregulated; there are no rules or baselines for the
industry, leading to an overall lack of transparency and consistency in accounting and implementation of offset
programs. While the purchase of offsets docs consolidate small amounts of funding for large-scale offset
projects, because the money leaves the cOl11ffiunity, an offset program is ultin1atcly an economic and financial
drain as it fails to increase the efficiency or economic development of the comlllunity investing in offsets.
To address both of these issues, the City of Aspen with cooperation from the Board of County COmnUsioners
and CORE will create a local offset program in which revenue from locally purchased offsets will go towards
funding local carbon offset projects, and energy efficiency and renewable energy programs. This will allow the
City to accurately track the volume of emissions offset per dollar invested and actually reduce the emissions for
which Aspen is responsible. A local offset program could also provide additional funding for the longer term,
more complex residential and transportation action Ineasures.
Food & Other
The large scale food and beverage industry uses huge amounts of energy for growing, cooking, cooling, freez-
ing, cold storage and transport. The average North American, purchasing conventional groceries, contributes
on average 4.3 tons of greenhouse gases per year in food alone. The purchase of local or organic foods con-
tributes 900/0 less G HGs on average. In tenns of energy 9 .14 ~/o of total energy consumption in the US. is due
to the production, processing and transportation of food. The transportation of food within the US accounts
for over 20~/o of all commodity transport and results in at least 120 million tons of C02-e emissions every
year.
A good way to address the issues surrounding food is to look at how we can get the services we want while
minimizing the energy used to procure them. The concept of a service based economy has been pioneered
by Aspen's neighbor Amory Lovins, who points out that, "people don't actually want kilowatt-hours of elec-
tricity or barrels of oil, but rather the 'end-use services' they provide-lighting, heating, refrigeration, mobil-
DRAFT
ity, or cold beers and hot showers." With food, in order to supply the desired product and avoid the energy
consumption and waste usually incurred in the process, we need to reduce and simplify the long and complex
energy chain it takes to get food from the farm to the shelf At each stage in the chain there is loss and waste,
both of which add to cost and create pollution. Shorter chains are therefore inherently more economically
efficient and environmentally sound as they reduce packaging and transport-related energy consumption.
Thus, a particularly powerful action which can be taken at the local and individual levels is to purchase lo-
cally produced food. There are also local economic and environmental benefits produced from localizing food
consumption: From an economic perspective one dollar spent in your community will circulate roughly seven
titnes before leaving, whereas one dollar spent on an imported product leaves the cOffitTIunity immediately.
Environmentally, buying locally protects open agricultural lands and other local natural resources,
Objective 1: Provide a reliable and effective option to offset GHG emissions.
Government Actions
2007-2009
L Establish a local trust, either through CORE or through another contracted entity to manage a local off-
set program that would keep the majority of revenue local. This program would allow residents, businesses,
visitors and governmental bodies to purchase offsets and provide funds to invest in local emission reduction
projects, such as renewable and energy efficiency projects and specified offset programs. The reductions from
these programs would be tracked and inventoried and would work to reduce the overall Aspen Emissions
Inventory.
PROGRESS 2006: BonlletJille Environmental.Fr)1lndatioll (BE!:] created www.aspengreentags,com a web page that allows
IIsers to calm/ate their emissions and purchase 'greeJ/tags' to offset their emissions. BE,F has agreed to return 10% of rcveJ/ue to
CORE jor UJ' in itJ existillgfUlldilIgprojects,
2. Explore requiring permitted events to reimburse all City departments for energy use and offset their respec-
tive emissions.
a. Require permit applications to quantify projected GHG emissions.
Community Actions
2007-2009
L Create a comprehensive marketing plan for the local offset program which, among other strategies, effec-
tively integrates it with the 'ZGreen Visitor' program.
2. Work with special events to mitigate their ghg footprint by purchasing offsets from the local program.
DRAFT
Objective 2: Educate City staff and the community on the global warming impacts of the
industrialized food supply chain and encourage the cultivation and purchase of locally
produced foods,
Government Actions
2007-2009
L Create a 'Low Carbon Footprint' guideline for all city-funded events, including picnics, parties and meetings,
that encourages food providers to purchase product within a 500 mile radius.
Community Actions
2007 -2009
L Survey the i"spen area to inventory existing and potential land for food cultivation, and catalog what types
of food are currently being and could be produced.
2. Increase the land area dedicated to food cultivation.
a. Support the expansion and matience of the Community Garden.
b. Incentivize local food cultivation to homeowners and businesses.
3, Create and maintain on-line resources for the global warming impacts and solutions for food,
a. Create and maintain an on-line list of available locally-grown food and restaurants in the valley.
1>. Provide an on-line resource that assists the public in quantifying the carbon footprint of various
foods.
c. Create a booth at the Farmers Market for Aspen locals to share and sell small quantities of home
grown food,
DRAFT
Adaptation
This section is a place holder for future setions that may need to be added.
Aspen has beenjeeling the effedr of climate change for at least a quarter antury. The Arpen Climate
Impact AJJeJJment has afro identified that Jve experience more cha1(ge - and perhaps much greater change
- in the decadeJ" to come. Unfortunately we halJe committed to .rome additional change because if the nature
of global warmingpollution. Some GHG.r remain in the atmoJphere for up to a century, so thefoJ"silfuelJ
burned a half century ago will J"till be impadi1(g climate changejor Jome time.
It iJ"for thiJ reaJon that in addition to C{l!grmit'ely redudng our GHG emissions, we mUJt also adapt to a
raPidly changing environment. To do .ro in a sUJ"tainablefaJ"hion requireJ thought, collaboration and cre-
ativity. The C'ity of Aspen and the AJpen Global W'arming Allian(~ would like to undertake, .ruch an
endeatlor by creating an Adaptation Plan. It iJ our intent to add this to the Canary A,-t/on Plan Jometime
in theji-lture. ThiJpage lJ' a placebolderfor that plan.
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