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HomeMy WebLinkAboutagenda.council.regular.20071112CITY COUNCIL AGENDA November 12, 2007 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances a) Proclamation -Aspen High School Football Team b) Outstanding Employee Bonus Awards IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters maybe adopted together by a single motion) a) December Council Meetings b) Resolution #92, 2007 -Contract Re-build One Compressor at the Aspen Ice Garden c) Minutes -October 9, 22, 29, 30, 2007 VII. First Reading of Ordinances a) Ordinance #49, 2007 - GMOS Review -Christ Episcopal Church P.H. 12/10 VIII. Public Hearings a) Resolution #93, 2007 - 2008 Mill Levy b) Resolution #94, 2007 -Adoption of 2008 Budget c) Ordinance #48, 2007 -Code Amendment Historic Preservation d) Ordinance #28, 2007 - 508 East Cooper Avenue Subdivision e) Ordinance #29, 2007 - Wienerstube Subdivision Continue to 11/26 f) Ordinance #46, 2007 -Extension of CC Business Mix and Historic Interiors Moratorium g) Resolution #95, 2007 -Extension of Vested Rights 110 E. Sleeker IX. Action Items X. Adjournment Next Regular Meeting November 26, 2007 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. November 12, 2007 Bentley Henderson Trish Aragon Trisha Nelson Aaron Reed Adam Trzcinski Tyler Christoff City of Aspen 130 South Galena St. Aspen, CO 81611 Dear Engineering Department: Ulb W THE CITY OF ASPEN Congratulations! It is my pleasure to inform you that the Engineering Department has been selected to receive the Outstanding Employee Bonus Award. Please plan to attend the November 12 City Council meeting to formally receive your award. The Engineering Department is receiving this award because of the department's excellence in teamwork, communication and overall ability to build an outstanding department from the ground up. All the while, the department continued to take on a plethora of extensive city projects. The department had taken the lead in coordinating and executing three new major city programs: construction mitigation, the Construction Management Plan (CMP) and stormwater. In order to take on the additional projects, the engineering staff had, and continues to have, extensive dialogue with members of other departments, and members of the public in order to execute these programs effectively. They openly shared information and solicited the advice and expertise of others, and strived to make sure everyone's needs were met as best as possible. Changing regulations while maintaining positive relationships with the construction industry, and citizens, is an impressive feat. Within the construction mitigation plan, they have managed to ensure city codes are being enforced while keeping citizens and contractors satisfied. This department role models for everyone on how to work together. They have been very effective in the art of cooperation and have brought tremendous value to the city. Their approachability and willingness to help other departments exemplifies how much more effective the city can be in accomplishing our goals, and serving the citizens, when we work together. Sarah Laverty 73O BOOTH GALENA STREET ~ ASPEN, COLORACO $1621-Iy~S ~ PHONE 970.920.5000 ~ PAX 970.920.5197 www. aspengov.com Pcimcd an Rcrydcd Papcr I~Ib THE CITY OF ASPEN November 12, 2007 Erin Hutchings Aquatics Supervisor City of Aspen 130 S. Galena Street Aspen, CO 81611 Congratulations! This letter is to let you an Outstanding Employee Bonus Award the AA~relw-12, 2007 City Council Meeting o v. know that you have been nominated for and that you will receive the award at 1. Please plan to attend. When another Aquatics Supervisor resigned in May, Erin took on both her job duties and the departed employee's responsibilities during the busiest time of the year for the ARC. Not only did the swim programs continue without a reduction in service level, but Erin lead the most successful summer program the ARC has had to date. These acts of dedication, teamwork and work ethic saved the city the equivalent of a supervisor level full-time employee for five months, which is approximately $20,000 in savings! Furthermore, by demonstrating exceptional performance during times of staff shortage, Erin allowed the Recreation Department time to analyze budgetary concerns and organizational needs to adequately and responsibly staff the position and serve the public. Erin's dedication and commitment to excellence is truly an asset to the City of Aspen. You are a fantastic example of leadership for your team and for the ARC. Jonathan Godes via, MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: November 5, 2007 RE: December Council Meetings The regularly scheduled Council meetings in December would be December 10 and 24. Staff suggests Council meet December 3`d and December 10`h. City Hall will be closed December 24. By adopting the consent calendar, the regularly scheduled Council meetings will be December 3`d and December 10`h. MEMORANDUM TO: MAYOR & CITY COUNCIL THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION FROM: TIM ANDERSON, RECREATION DIRECTOR DATE: OCTOBER 24, 2007 RE: PROFESSIONAL SERVICES CONTRACT FOR REBUILD OF ICE GARDEN COMPRESSOR REQUEST OF COUNCIL: Staff is requesting the approval of a professional services contract with Tolin Mechanical Systems for the purpose of re-building one compressor at the Aspen Ice Garden. Compressors require a complete re-build about every 20,000 of operations or every 4 to 5 years as to avoid any catastrophic failures and to maintain efficient operations. The City should begin to look at replacement of the current York Compressors as they are no longer being manufactured and pazts are becoming a premium commodity. Replacement of the two compressors would be about $100,000 each and could be phased. BACKGROUND: In the past Council's have approved this contract in order to assure the avoidance of down time at our ice facilities and to ensure smooth operations for our local user groups. Are-build of the compressors adds about another 20,000 hours of operational time at a reduced cost compared to the purchase of a new compressor. Every 6,000 our we provide a top end preventative maintenance step to the compressors which entails changing the oil and taking measurement of the bearings, seals, cylinders, crank shaft, etc. to see what wear is taking place. Generally after the 12,000 check up we can begin to identify a time frame in which the re-build will be necessary. Anew compressor would cost about $100,000 for purchase and labor. DISCUSSION: Again, it is necessary to provide this type of preventative maintenance on the compressors of the ice rinks. This is a major component in the refrigeration system for the ice rink and without proper operations of the compressor(s) we don't have ice. Any down time would be detrimental to operations and more costly to repair at a later date. Each rink has two compressors so that we can always maintain ice. In the case of maintenance such as this you can see in the scope of work that this compressor will be down for two weeks, the back up compressor will allow us to keep ice during this time. In the case of failure of one compressor we always have a back up so we don't compromise an event such as the Fall Face Off presented by Junior Hockey and which brings 100 hockey teams to [own over 3 weekends and an approximated revenue source of $800,000 to $I,000,OOOto the local economy. FINANCIALBUDGET IMPACTS: The funds for this re-build are set aside in the Asset Management Plan. To loose ice during an event such as the Fall Face Off mentioned above could be a major blow to the local economy during a shoulder season when the event is welcomed by local businesses. ENVIROMENTAL IMPACTS: Not applicable RECOMMENDED ACTION: Staff recommends the approval of this contract as it is imperative to keep [he mechanical systems of our facilities operating at a high level of dependency and efficiency. Failure to provide proper preventative maintenance on these systems could lead to catastrophic failure, more costly replacement, and unnecessary down time to our user groups. ALTERNATIVES: The alternatives would be to provide a routine tune up to the compressor which would cost about $12,000 to $15,000, hope that we don't see a catastrophic failure which would mean the purchase of a new compressor at a cost of $100,000. PROPOSED MOTION: I rYl(T/~ "+Y .approve the contract with Tolin Mechanical Systems for the re-build of a compressor to ensure continuous, efficient operations of our ice facilities. ~~l u-tor -1~~1 Z~ Z.?C~ ~- MANAGER'S COMMENTS: ATTACHMENTS: Professional Services Contract with Tolin Mechanical Systems. RESOLUTION NO. l Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR YORK COMPRESSOR REBUILD AT THE ASPEN ICE GARDEN, BETWEEN THE CITY OF ASPEN AND TOLIN MECHANICAL SYSTEMS COMPANY, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract for services to rebuild a compressor at the Aspen Ice Garden, between the City of Aspen and ToIin Mechanical Systems Company, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for services to rebuild a compressor at the Aspen Ice Garden, between the City of Aspen and Tolin Mechanical Systems Company, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2007. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk G:\[ara\RESOS\AIC. compressocdoc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and _Tolin Mechanical Systems Company ("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 caze 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 .Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $52,920.00 . 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-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or 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 therefore, by giving notice, in writing, addressed to the other party, specifying PSI-971.doc Page 1 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 prepazed 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 maybe determined. 6. Covenant Aeainst Contineent 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, aze 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 azise 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, negligerice, 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 PSI-971.doc Page 2 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 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 clalms- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FNE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability 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 PS1-971.doc Page 3 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, condi- tions, and minimum limits aze 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. (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 Governmental Immunity Act, Section 24-IO-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 Shazing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. PS1-971.doc Page 4 City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of A egr ement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or written representations, agreements, wazranties 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: Professional: City Manager City of Aspen Tolin Mechanical Systems Company 130 South Galena Street 12005 East 45~' Ave. Aspen, Colorado 81611 Denver, CO. 80239 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 forbeazance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Ille¢al Aliens -CRS 8-17.5-101 & 24-76.5-101. PS1-971.doc Page 5 a. Purpose, During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms aze defined in the new law and by this reference aze incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States bepartment of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. c. By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who aze newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees aze not employ illegal aliens. d. Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. PS1-971.doc Page 6 (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional 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. Professional shall continue to apply to participate in the Federal Basic Pilot Progtam and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the 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. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential PS1-971.doc Page 7 damages to the City of Aspen azising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby sweazs or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 17. 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 aze no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 8 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: PROFESSIONAL: WITNESSED BY: - ' ~~ . T/,h /%eo~ic/1~cGlS~frmS Cd By: Title: V~ C,c,~u/t~~v Ope/~.~a.~ S Date: ! /~ ~G PS 1-971.doc Page 9 BY AND BETWEEN Tolin Mechanical Systems Company Aspen Ice Garden 12005 East 45th Avenue 233 West Hyman Denver, Colorado 80239 Aspen, Colorado 81611 (Hereinafter'Tolin") (Hereinafter "Customer") PROJECT LOCATION: 233 WEST HYMAN, ASPEN, COLORADO 81611 PROJECT DESCRIPTION: REBUILD OF ONE YORK 8 CYL COMPRESSOR We are pleased to offer our proposal to rebuild one of your York compressors with parts that may come from York or other suppliers. You should allow a full 2 weeks of downtime for this compressor while the work is being done. OUR PROPOSAL INCLUDES THE FOLLOWING: 1 2. 3. 4. 5. 6. 7. 8. 9. New suction and discharge valves. New cylinder liners. New pistons, rods, and rings. New main and rod bearings. New shaft seal and gaskets. New crankshaft. Labor and travel time. Per diem. Freight costs. This proposal is subject to the terms and conditions on the reverse side of this page. OUR PROPOSAL EXCLUDES THE FOLLOWING: 1. Providing labor after our normal business hours, 7:30 a.m. to 4:30 p.m., Monday through Friday. 2. Providing the labor, materials, and equipment, for work not detailed to be done in this project's scope of work. 3. Machine shop work if needed. Note: Mike is planning to complete this work in one week, in order to honor the time frame and price Mike will require help from your staff for the removal and replacement of the crankshaft. OUR PRICE FOR THIS SCOPE OF WORK IS ....................................................... $52,920.00 Tolin Mechanical Systems Company Dave Schley Service Manager Title August 23.2007 Date DS:abs cc:file Aspen Ice Garden Title Date This proposal is subiect to the terms and conditions on the reverse side of page one. TERMS AND CONDITIONS 1. Tolin warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of installa- ticn. If any replacement part or item of equipment proves defective, Tolin will extend to Customer the benefits of any warranty Tolin has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at customer's expense and at the rates then in effect. 2. Customer shall permit Tolin free and timely access to areas and equipment, and allow Tolin to start and stop the equipment as necessary to perform required service. All planned work under this Agreement will be performed dur- ing Tolin's normal working hours. 3. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Tolin may stop all work under:this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4. Customer shall be responsible for all tax@s applicable.to the services and/or materials hereunder. 5. Any alteration to, or deviation from, this Agreement ihvolving extra work, cost of material or Iaborwlll become an extra charge (fixed-price amount to be negotiated or on atime-and-material basis atTolin's rates then in effect) over the sum stated in this Agreement. 6. In the event Tolin must commence legal actiori m' order to recover any amount payable undef this Agreement, Customer shall pay Tolin all court costs and attorney's fees incurred by Tolin. 7. Any legal action relating to this Agreement, or the breach thereof, shall be commenced within one'(1) year from the date of the work. .._~. ,... r;:~, 8. Tolin shall not be liable for any delay, loss, damage or detention caused by unayailability,of machinery, equipment or materials, delay of carriers, strikes, including those by Tolin's employees, lockouts, civil or military authority, priority regulations, insurrection or riot, action of the elements, forces of nature, or by any cause beyond its control 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Tolin, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the pertormance of work hereunder, provided that such claim, dam- - age, loss or expense is caused in whole or in part by any active or passive act or omission of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable, regardless of whether lt Is caused in part by the negligence of Tolin. 10. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL TOLiN BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. vua. MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Sara Adams, Preservation Planner ,n THRU: Chris Bendon, Community Development Director t`/~~ i/lnl DATE OF MEMO: November 2, 2007 MEETING DATE: November 12, 2007 RE: 536 West North Street aka. Christ Episcopal Church, Growth Management Review for an Essential Public Facility, First Reading of Ordinance #~ Series of 2007 (Parce12735-121-11- 808) Second Reading is scheduled for December 10, 2007. REQUEST OF COUNCIL: 536 West North Street requests Growth Management Review for an Essential Public Facility. Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchfirstreading.doc Page 1 of 4 • Lot history The Episcopalian congregation has a long established history in Aspen beginning in 1881 during the Mining Era. The azchitecture of Christ Episcopal Church represents Modern philosophy prevalent during the "revival" of Aspen in the 1950s and 1960s lead by prominent Modern architects and theorists Walter Paepcke, Herbert Bayer, and Fritz Benedict. 536 West North Street, the Christ Episcopal Church, is attributed to azchitect Francis Stanton of the Chicago firm Stanton and Rockwell. Completed in 1963, the Church's Modern form and small scale design contributes to Aspen's West End neighborhood. The lot area is 15,599 squaze feet, and was assigned an allowable floor area of 7,118 square feet for the modest addition to the church through the Conditional Use Review process in 1976. In 1980, a rectory was built on the site to provide an employee housing unit; concurrently, the Church was granted a reduction in required off-site parking from 14 spaces to 12 spaces, 4 of which were required to be provided on-site with the remaining 8 spaces held in abeyance for future implementation should there be complaints. The Church cunently has four spaces, two of which aze in a tandem configuration. • Previous actions On August 28, 2007, the Planning and Zoning Commission approved an amendment to the existing Conditional Use approval to allow the increase of allowable floor area from 7,118 square feet to 9,000 square feet; re-established parking requirements through the Special Review process; and granted reaz yazd setback and site coverage variances for the proposed addition.z The Planning and Zoning Commission is the final review authority for Dimensional Variances, Special Review for parking, and Conditional Use review; however, Growth Management review is under the purview of City Council, based on a recommendation from the Planning and Zoning Commission, which overlaps some of these issues (i.e. parking). The Planning and Zoning Commission voted four to one (4 - 1)recommending City Council approve the Growth Management request. DISCUSSION: Growth Management Review for an Essential Public Facility3 City Council is asked to grant Growth Management review, which focuses on the development's role as an essential public facility serving the general public and needs of the community. The Community Development Director has determined that the Christ ~ During the August 19, 1980 Planning and Zoning Commission meeting, a resolution was not adopted; however a motion was adopted and the minutes serve as record. See Exhibit D. z On August 28, 2007, the Planning and Zoning Commission adopted Resolution #23, Series of 2007 by a vote of 4 - l. Minutes from the Planning and Zoning Commission meeting held on August 21, 2007 and August 28, 2007 are attached as Exhibit C. ;Section 26.104.100 of the Land Use Code defines Essential Public Facility as " a facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community" Revised 11/5/2007 G:\city\Sazaa\christ episcopal church\churchfirstreading.doc Page 2 of 4 Episcopal Church is an Essential Public Facility4 because it serves both members and non-members by offering religious services to AA meetings to La Leche meetings. The Church requests approval to extend the existing barrel-vaulted structure to the rear and demolish and replace the addition to the east. Staff finds that the proposed design is sensitive to the Modern azchitecture of the existing church, and despite not having local landmark status; the addition generally meets the Historic Preservation guidelines.s A key component of the development is to make the entire Church ADA accessible and Building Code compliant. The Church building has not been updated since the ] 970s. Affordable Housins: The Land Use Code establishes this as a separate review process lazgely because Essential Public Facilities are unique. A more typical growth management review focuses on employees generated from commercial and free market residential component that result in a high level of services; whereas, this application seeks to improve the efficiency, safety, accessibility and function of the physical building and does not propose to increase programs. No affordable housing is proposed in this application because the development is not intended to increase the existing Church functions. Despite actually retaining 2 full time employees, the Church provides employee housing for 3.5 employees on the site in the adjacent rectory building. Staff finds that the existing affordable housing is sufficient. Parkins: Among the criteria for Growth Management Review as an Essential Public Facility is compliance with the Aspen Area Community Plan (AACP)6, which incorporates transportation and parking goals of the community. Part of the development includes an additional parking space bringing the total onsite parking spaces to 5 with 2 spaces in tandem, which was approved by the Planning and Zoning Commission under the Special Review process. Staff strongly believes that increasing the amount of onsite parking to more than that proposed would negatively impact the site planning, open space, and the ability of the Church to visually blend into the West End neighborhood. Public transportation and alternate methods will continue to be promoted by the Church. Staff finds that the proposal meets the goals of the AACP and the criteria for Growth Management Review as an Essential Public Facility. RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the applicable review criteria for Growth Management for Essential Public Facilities. The proposal is consistent with the goals of the AACP by preserving the form of an existing Modern building, designing an addition that is sensitive to the residential context of the neighborhood, and updating the building so that it is Code compliant, energy efficient and ADA accessible. Staff recommends approval of the Growth Management request." There is a precedent in Aspen for religious organizations to be reviewed as essential public facilities. The most recent example is the Jewish Community Center development at 435 West Main Street, which received growth Management approval in 2006 as an essential public facility. 5 The Church application was submitted prior to the adoption of Ordinance #30, Series of 2007. 536 West North Street is identified on the "list of potential historic resources", aka Exhibit A to Ordinance #48, Series of 2007. e Exhibit A compares the proposal with the goals in the AACP. Revised 11/5/2007 G:\city\Sazaa\christ episcopal church\churchfirstreading.doc Page 3 of 4 PROPOSED MOTION: "I move to approve Ordinance # "! 9 Series of 2007 upon First Reading, and schedule Second Reading for December 10, 2007." CITY MANAGER COMMENTS: ATTACHMENTS: A -Growth Management Review Criteria for an Essential Public Facility . B -Planning and Zoning Commission Resolution #23, Series of 2007. C -Planning and Zoning Commission Minutes, August 7, 2007 and August 28, 2007 D -Planning and Zoning parking review, August 19, 1980 minutes E -Application Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchfirstreading.doc Page 4 of 4 ORDINANCE N0. ~~ (SERIES OF 2007) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11, 12, 13, 14 AND 15, BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-121-11-808. WHEREAS, the Community Development Department received an application from Christ Episcopal Church, requesting the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, WHEREAS, during a duly noticed public heazing on August 7, 2007, continued to August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an increase in floor area from 7,118 square feet to 9,000 square feet through the Conditional Use process, established a new off-street parking requirement through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility located on the property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and Townsite of Aspen, CO; and, WHEREAS, on November 12, 2007 the Aspen City Council approved Ordinance No. ~ Series 2007, on First Reading by a to _ ~-~ vote, approving with conditions Growth Management Review as an Essential Public Facility for the property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and Townsite 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 recormendation of the Planning and Zoning Commission, the Ordinance No. ,Series 2007 Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchOrdinance.doc Page 1 of 5 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 standazds 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 welfaze. 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 with conditions a Growth Management Review as an Essential Public Facility in order to demolish and replace an existing addition and extend the existing main Church building on the property located at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and Townsite of Aspen, CO. Section 2: Buildine Permit Application The Applicant may not submit a Building Pennit Application until the requirements in Land Use Code Section 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. e. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. f. A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Ordinance No. ,Series 2007 Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchOrdinance.doc Page 2 of 5 Section 3: Dimensional Requirements The redevelopment of the site is limited to the Conditional Use amendment and Dimensional Variances granted by the Planning and Zoning Commission under Resolution 23, Series of 2007. Section 4: Parkin¢ Requirements The redevelopment of the site is limited to the parking requirements established by the Planning and Zoning Commission under Resolution 23, Series of 2007. Section 5: Affordable Housine The presented redevelopment is not intended to increase Church services or programs and; therefore does not require employee mitigation. Section 6: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 7: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements, and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 9: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) aze not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitazy sewer system. The glycol storage azeas must have approved containment facilities. f Soil Nails aze not allowed in the public ROW above ASCD main sewer lines. Ordinance No. ,Series 2007 Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchOrdinance.doc Page 3 of 5 g. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Exterior Lighting , All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 11: Landscaping a. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Root trenching will be required azound all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. Section 12: Stormwater Development Fee Pursuant to Municipal Code Section 25.18.020, Stormwater System Development Fee, the Applicant shall be assessed a Stormwater Fee prior to building permit issuance. The fee shall be calculated as outlined in Section 25.18 of the Municipal Code. Section 13: Vested Rights The development approvals granted pursuant to Planning and Zoning Commission Resolution Number xx, Series of 2007 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 boundazies 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: 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and Townsite of Aspen, CO, by Ordinance No._ Series of 2007, of the Aspen City Council. Ordinance No. ,Series 2007 Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchOrdinance.doc Page 4 of 5 Section 14: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze 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 15: 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 16: 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 sepazate, distinct and independent provision and shal- not affect the validity of the remaining portions thereof. Section 17: A public hearing on the ordinance was held on the l Os' day of December, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November, 2007. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this _ of , 2007. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney Ordinance No. ,Series 2007 Revised 11/5/2007 G:\city\Saraa\christ episcopal church\churchOrdinance.doc Page 5 of 5 The development of an Essential Public Facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions, or denied by the City Council based on the following criteria: A. The Community Development Director has determined the primary use and /or structure to be an Essential Public Facility. Accessory uses may also be part of an Essential Public Facility project. Staff Response: Pursuant to Section 26.104.100, Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." Since 1881, the Christ Episcopal Church serves both members and non-members of the public from religious services to AA meetings. Staff finds that this criterion is met. B. Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030. C, Development Ceiling Levels and Section 26.470.030. D, Annual Development Allotments. Staff Response: The project does not expect to increase programs and capacity with the proposed addition; therefore affordable housing mitigation is not required. Based on the use of the proposal, no Growth Management allotments are required for the proposed changes to the Essential Public Facility. Staff finds that this criterion is met. C. The proposed development is consistent with the Aspen Area Community Plan. Staff Response: The Christ Episcopal Church serves the Aspen community through both spiritual guidance and as anon-member facility for AA meetings and Aspen Music Festival and School performances. The proposal perpetuates the Church's current role in "nurturing intellectual and spiritual growth that enriches our lives while challenging our imaginations" listed in the AACP. The design proposal retains an important Modern building in Aspen, and replaces an addition with a sensitive design that is compatible with the Modern architecture and the residential neighborhood, which meets the AACP policy on design quality and historic preservation. Transportation and housing goals of the AACP are met with the proposed development as the current congregation and number of employees will not be increased. The Church is situated in Aspen's West End neighborhood with adequate public transportation services. ~ The application was submitted prior to the adoption of Ordinance 14, Series of 2007 and is subject to the regulations in place at the time of submittal. Exhibit A GMQS Review for an Essential Public Facility G:\city\Saraa\christ episcopal church\GMQSExhibitACityCouncil.doc Page 1 of 3 Under the current Code, there is no definitive pazking requirement for a Church in the R- 6zone district. The previous parking requirement, adopted by the Planning and Zoning Commission in 1980, required four spaces (two of which aze stacked) onsite, with eight spaces in abeyance with the condition that the City could require the implementation of these spaces based on complaints. The applicant is proposing one additional parking space, which will bring the total onsite parking to five spaces, so that although one space of the five is obstructed due to the tandem configuration, four spaces aze unobstructed. The Planning and Zoning Commission established new pazking requirements for the Church- in essence approving the five ~arking spaces proposed in this application- through Resolution #23, Series of 2007. Staff finds that this is sufficient given the proximity to public transportation, and that the design proposal does not increase the programmatic goals of the Church. Increasing the amount of onsite parking would negatively impact the site planning, open space, and the ability of the Church to visually blend into the West End neighborhood. Staff finds that the goals of the AACP are met. D. A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in-lieu thereof in a manner acceptable to the City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Response: The proposed development will not increase the Church's program and therefore is not expected to increase the number of employees. The Church currently mitigates for 3.5 employees with a four bedroom rectory located onsite, which will remain unchanged. There are two full-time employees and two part-time employees on staff; the two full-time employees aze housed in the rectory. Staff finds that criterion d is not applicable, as no new employees ate generated with this proposal. E. Free market residential floor area on the parcel is accompanied with affordable housing units or mitigation pursuant to 26.470.040.0.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Response: The proposal does not include a free market residential component. F. The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements propose das part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, 2 Exhibit B. Exhibit A GMQS Review for an Essential Public Facility G:\city\Sazaa\christ episcopal church\GMQSExhibitACityCouncil.doc Page 2 of 3 energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Response: One of the primary reasons for this proposal is to increase energy efficiency and update the building to comply with current building code and accessibility requirements. The applicant proposes to update systems and components that will minimize, and in some cases reduce, impacts on the public infrastructure. Because the Church does not intent to increase programs, staff projects that there will be a minimal impact on parking in the West End neighborhood. The applicant intends to promote public transportation and is providing bicycle storage as part of the proposed site plan. Staff finds that criterion f is met. Exhibit A GMQS Review for an Essential Public Facility G:\city\Saraa\christ episcopal church\GMQSExhibitACityCouncil.doc Page 3 of 3 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE CONDITIONAL USE TO INCREASE FAR ONSITE, SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS, DIMENSIONAL VARIANCES, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11, 12, 13,14 AND 15, BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-121-11-808. RESOLUTION N0.23, SERIES OF 2007 WHEREAS, the Community Development Department received an application from Christ Episcopal Church, requesting approval of an increase in floor area from 7,118 square feet to 9,000 square feet through the Conditional Use process, to establish new off street parking requirements through Special Review, Dimensional Vaziances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on August 7, 2007, continued to August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an increase in floor azea from 7,118 squaze feet to 9,000 squaze feet through the Conditional Use process, established a new off-street parking requirement through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Grow[h Management Review for an Essential Public Facility located on the property at 536 W. North Street, Lots 11, 12, 13, 14, and 15 Block 99, Hallam's Addition, City and Townsite of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, Exhibit B P& Z Resolution #23, Series of 2007 Page 1 of 5 WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standazds 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 Aspen Planning and Zoning Commission fmds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section I: Dimensional Standards Pursuant to the procedures and standazds set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions an increase in floor area from 7,118 squaze feet to 9,000 square feet through the Conditional Use process, the establishment of new off street pazking requirements through Special Review, certain dimensional Variances as identified in Table 1, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility for the property located at Lots 11, 12, 13, 14, and 15, Block 99, Hallam's Addition, City and Townsite of Aspen, CO. The approved dimensional standards, floor area, and off-street pazking are indicated in the chart below under the heading, "proposed development": Table 1: The following dimensional variances are approved solely for the proposed redevelopment. Section 2: Conditional Use Amendment: The subject property is approved for a total of 9,000 square feet of floor area for the design presented at the August 28, 2007 Planning Zoning meeting. Elevations of the approved design, site plan and landscape plan shall be recorded with the Pitkin County Clerk and Recorder prior to submitting for a Building Permit. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. a A fugitive dust control plan to be reviewed and approved by the City Engineering Department. Exhibit B P& Z Resolution #23, Series of 2007 Page 2 of 5 d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. e. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and pazking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. f. A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Section 4: Special Review: Parkins Requirements The subject property is approved to have four (4) parking spaces and one (1) stacked pazking space onsite. This approval amends that adopted by Planning and Zoning Commission on August 19, 1980 through the Special Review Process. A site plan shall be recorded with the Pitkin County Clerk and Recorder indicating the number of approved parking spaces prior to submitting for Building Permit. The applicant shall provide onsite bicycle storage. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements, and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy. Section 7: Water Deaartment Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 8: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitazy sewer system. Exhibit B P& Z Resolution #23, Series of 2007 Page 3 of 5 b. On-site utility plans require approval by ACSD. o, Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the dischazge of glycol to any portion of the public and private sanitary sewer system. The glycol storage azeas must have approved containment facilities. £ Soil Nails aze not allowed in the public ROW above ASCD main sewer lines. g. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 9: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 10: Landscaping a. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Root trenching will be required azound all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the. trees located on adjacent properties. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, 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 12: 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 13: 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 Exhibit B P& Z Resolution #23, Series of 2007 Page 4 of 5 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 28a' day of August, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel ATTEST: Jackie Lothian, Deputy City Clerk John Rowland, Chairman Exhibit B P& Z Resolution #23, Series of 2007 Page 5 of 5 Asaen Planning & Zoning Commission Meeting Minutes -August 7, 2007 would generate. Vann responded there would clearly be an increase in the level of activity that currently was being done in this area; there were proposals to transport individuals from Ruby Park and other hotels along Dean Avenue and Durant via the trolley system. Vann said the street section was designed to handle the level of traffic. Guthrie asked when the time was to ask about the large hotel vehicles driving one person two blocks and how that could be dealt with; this was like a private limo service. Phelan stated that this was a public right-of--way, which was a much broader scope than just this application. Guthrie said that he could not put the community issues on this one project. MOTION: David Guthrie moved to approve Resolution #22, series of 2007 incorporating Exhibit D, the language including APCHA pay for the Deep Powder cabins as affordable housing and consider funding options for their rehabilitation , the volleyball courts timing, concern for the location of the Ski Museum; seconded by Brian Speck. Roll call vote: Rowland, yes; Speck, yes; Guthrie, yes; Erspamer, no. APPROVED 3-1. LJ Erspamer explained that the application does not promote the efficient use of land with the change of conservation zone to lodge. Erspamer said he would like to see this project become pedestrian friendly; there was too much traffic and parking was a problem. Erspamer thanked the applicants. PUBLIC HEARING: CHRIST EPISCOPAL CHURCH GMQS AND OTHER LAND USE APPROVALS John Rowland opened the public hearing for Christ Episcopal Church. Sara Adams stated that the reviews before P&Z were Growth Management for an essential public facility recommendation to City Council; a Conditional Use to increase the floor area from 7,118 [0 9,500; Special Review to establish parking requirements; and Dimensional Variances. Adams explained that Planning & Zoning in 1980 approved 12 parking spaces with 4 on site and 8 spaces abeyance for future implementation. The development requires a 5 foot rear yard setback, where 10 feet is required; a variance for site coverage was also required. Adams stated that overall this project balances the Exhibit C P&Z Meeting Minutes August 7, 20076 Aspen Plannin¢ & Zoning Commission Meeting Minutes - August 7.2007 needs of the church; it was in context with the neighborhood and the addition was sensitive and brings the building into accessibility requirements by the code. Commission questions were regarding the site coverage amount requested. Adams said the maximum was 27% and the applicant was requesting 40%; the building was one story, well below the height limit and fit into the neighborhood. The rectory was 4 bedrooms and currently housed the 2 full time employees. Jim DeFrancia said that he was chairman of the building committee; the objective was to make more efficient use of the facility for the present uses. DeFrancia said that they were not planning an expansion of the congregation; they were redesigning the spaces to be more efficient. Some other current uses for the church included AA, the Aspen Music Festival, Aspen Youth Experience, La Leche, AIA, and holiday baskets; it was clearly a community facility. DeFrancia stated they wanted to bring the facility into compliance with the code. Gilbert Sanchez, architect, said the intent was to provide appropriate worship fellowship support spaces for the current congregation and the community; code compliance; sustainability and accessibility were primary goals. Sanchez said to comply with the current plumbing codes they were adding additional plumbing fixtures. There would be new heating, ventilation and lighting improving energy consumption and proper building insulation. Sanchez said they were adding fire suppression systems providing a line of safety that doesn't exist now. Sanchez said they wanted to maintain the shape and form of this church and add an element similaz in mass, which was a little bit smaller, and connect the two separate modules with a glass circulation space but keep the residential rhythm for this neighborhood. The new addition drops down to 18 feet 6 inches in the back. Sanchez stated they were increasing the off-street parking spaces to 5 but taking out the stacked spaces comes to 4. To accommodate the 1980 approval of parking spaces they would not be able to utilize this development plan; there would be loss of open space by providing the parking on site. Sanchez said the setback was the minimum that they could ask for and the setback only touched at 2 places. DeFrancia said that they communicated with the neighbors sending letters to about 50 neighbors twice and held a meeting on August 1 ~` with 2 neighbors attending. The architectural harmony will be kept throughout the building even in the back. It was not their intent to expand any uses of the church. Exhibit C P&Z Meeting Minutes August 7, 2007 7 Aspen Planning & Zonin¢ Commission Meetin¢ Minutes -August 7, 2007 LJ Erspamer asked if the building was a designated landmark. Sara Adams replied that it was not. Erspamer asked what the single family house was; did it have one kitchen. DeFrancia replied that it was the rector's house and his wife that were employed by the church and lived there in the single family detached house, which had 4 bedrooms, a kitchen and living/dining room. Erspamer asked when this was approved does this eliminate the abeyance for parking. Adams responded yes that it would establish new parking requirements. Public Comments: 1. Claude Salter said that parking was a problem in the neighborhood with the uses in the church and the music going on in the tent. Salter said the distance between the buildings was not consistently 10 feet apart; she disagrees with the rear yard setback given the massing that they were adding. Salter said the code allowed the choir to be kept and section 1024.5 of the IBC was the accessibility issue. 2. Ann Burrows said that she lived to the south of the church and voiced concern was for traffic and increased traffic. 3. Warren Klug said that he was a member of the church and the church was a public facility that provides services for lots of community residents and a community gathering place. Klug said that the development of this building was to make it better and more usable; he noted houses in the neighborhood had master bedroom suites that were bigger than this additional square footage. The variances make the building work better; the building remains appropriate to the character of the neighborhood. Klug said the basement is currently not accessible to handicapped and the renovation plan was very modest. 4. Steve Fallendar said that he lived across the street and the additional square footage was considerable; he said the basement increase in space was also significant. Fallendar asked that the resolution include that there will not be a school at this location. Fallendar said that he was nervous about metal used as the material; he questioned the landscape. 5. Colleen Collins letter was placed into the record. Collins said you could get the same number of seats without increasing the square footage. 6. Bob Blaich said that everything that is done in this community affects someone; this project has a high level of merit and it will benefit the community. Jim DeFrancia commented that the extension of the church by 12 feet was a function of design; the extension will have a construction area so the landscait c P&Z Meeting Minutes August 7, 2002 Asuen Planning & Zoning Commission Meeting Minutes -August 7, 2007 will come down but they will be sensitive to the finish design of the back side of the church as well as replacing the landscaping. DeFrancia said that they cannot convert to a school; they would have to go back through the process with a whole different set of requirements. DeFrancia said they have made a representation into the public record of their intensions of lack of expanded uses. DeFrancia said that they do not anticipate a metal roof, currently they were looking at a slate roof. Erspamer asked for explanations on special events and parking issues for the next meeting. DeFrancia said that there have not been any parking problems from the church. Erspamer asked for a site visit. Phelan said that she would set up a site visit. Adams said there was a survey in the packet dated December 2006, which shows the alley is 20 feet. Rowland said that it was a great piece of architecture and was respectful to the neighborhood; he said the setbacks concerned him. Rowland asked that a shuttle or other form of transportation be considered for big special events. MOTION: LJ Erspamer moved to continue the Christ Episcopal Church hearing to August 21 S`; David Guthrie seconded. All in favor, APPROVED. MOTION.• LJ Erspamer moved to adjourn; seconded by David Guthrie; all in favor. Transcribed by: ~ ~u~ ckie Lothian, Deputy City Clerk Exhibit C P&Z Meeting Minutes August 7, 20079 AAAAAAAAA~en Plannine & Zoning MeetinE Minutes - Aueust 28 2007 COMMENTS ............................................................................................................ 2 MINUTES ................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ............................................... 2 CHRIST EPISCOPAL CHURCH GMQ5 and OTHER LAND USE APPROVALS ................................................................................................................................... 2 Exhibit C P&Z Meeting Mlnules August 28, 2007 I Aspen Planning & Zoning Meeting Minutes - August 2$ 2007 John Rowland opened the special meeting at 4:30 p.m, in Sister Cities Meeting Room. Commissioners present were Brian Speck, Dylan Johns, LJ Erspamer, David Guthrie and John Rowland. Staff: Jim True, Special Counsel; Sara Adams, Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Jennifer Phelan distributed copies of the final edits of the Commercial and Lodging Design Standards. Jackie Lothian said City Council was conducting interviewing for P&Z members tonight and on September 11"'. MINUTES MOTION.• LJ Erspamer moved to apps rave the minutes from August 7`~ and clarified that the minutes from July 17` were to include the Lift One tax district was a property tax district and the North of Nell building doesn't meet the pedestrian amenity and the building is existing and there was nothing that can be done to meet the pedestrian amenity; seconded by Brian Speck. Approved 3-0 (2 abstained). DECLARATION OF CONFLICTS OF INTEREST None stated. CONTINUED PUBLIC HEARING (08/07/07): CHRIST EPISCOPAL CHURCH GMQS and OTHER LAND USE APPROVALS John Rowland opened the continued public hearing. Sara Adams said there was a growth management review; recommendation to city council for an essential public facility; a conditional use amendment for the increase in floor area (currently 7,118 square feet to 9500 squaze feet); special review for parking (the applicant requested new parking requirements); 2 dimensional variances (reaz yard setback of 5 feet and site coverage for 40%). Adams provided resolutions with changes to the parking with the addition of onsite bicycle storage. Saza Adams introduced 3 letters into the public record from Lisa Mazkalunas, Anne Burrows and Janice & Charles Collins. Exhibit C P8Z Meeting Minutes August 28, 2007 2 Aspen Planning & Zoning Meeting Minutes -August 28 2007 Jim True commented there were legal implications involved in this application; the religious land use and institutionalized persons act of 2000, which is a federal law, may come into play in the consideration of the application however one important aspect of this law (IZLUIPA), there was no discrimination by the government. The government can not treat the religious organization on a less than equal basis than any other applicant; the staff analysis was consistent this aspect of 12LUIPA in that it was treated as any other applicant. L7 Erspamer asked if this act changed the fact that approval of one project doesn't set precedent to approve another religious project. True responded that from a general context that you do what you have to do with any religious entity was to apply the terms of the act to the specifics of that case and treat any application with no less than an equal position. Erspamer asked if you set a precedent with one religious institution do you have to treat the other one the same. True replied that you can not treat any religious organization with a less than equal basis or any other religious organization or any non religious organization. Bob Blaich represented the applicant and gave an overview of the last presentation and addressed the issues with the removal and replacing of the landscape on the alley of the rear of the church; the alleyright-of--way for public and emergency access was not affected by the addition to the rear of the church; the 1980 parking approval to provide 8 off-site parking, there have been no complaints to the Aspen Police Department with regard to parking against the church; the redevelopment of the facility was not predicated on expanded uses but to better serve the congregation and those organizations that utilize the church facility for public permitted use and if in the future there was a need to seek new uses it would go through the public process with P&Z and City Council and the expansion of the worship space was to more efficiently utilize this space and the new hospitability space replaces that in the basement; both spaces are being brought up to code. Blaich said the existing basement space (undercroft) will be utilized for meetings, church school and church offices. The addition of the elevator will provide handicap access to both levels. Blaich said that the main church roof will be slate colored metal. Sanchez utilized the program space in original arched volume chart for the existing and proposed square footages for the foyer (existing & proposed 298.00 SF), nave (existing 988.22 SF and proposed 1,202.12 SF), chancel (462.26 SF and proposed 604.75 SF) and balcony (existing 228 SF and no balcony proposed). Gilbert Sanchez noted the property line was at an angle so the setback variance needed only occur at 2 points; the mass of the building was peaking up with thPExhibB c barrel Shape, P8Z Meeting Minutes Augusl 28, 2007 Aspen Planning & Zonine Meeting Minutes - Aueust 28.2007 Sanchez distributed and spoke about the new site plans, which included the alley, view analysis, solar analysis, West End map, parking analysis, site history and a color computer generated drawing from the alley. Sanchez said the cross town shuttle goes right by the church and bike racks would be provided. Blaich said the Collins' letter requested the church activities be limited that were non-religious programs and noted the pazking problems were from the Music festival, Physics and Aspen Institute. Blaich listed the current activities as AA meets 3-5 times a week with 20-25 people; the Aspen Music Festival meets 5-6 weeks per summer Monday thru Saturday with 10-20 students; Aspen Youth Experience meets 2 weeks in the winter with about 40 kids and their leaders; La Leche Le meets 1 day a week year round with 7 moms and their kids; Youth with a Mission meets one long weekend during the X-Games with about 25 students and teachers spending the night; Music Together meets 1 day a week year round with about 40 moms, infants and toddlers for music appreciation; AIA Holiday Baskets for 3 weeks daily in November/December with a few people in the church that put the baskets together and someone picks them up; Music in the West End with 3 performances in January, February and March. Dylan Johns inquired if there was a daycare. Blaich replied there was no daycare. LJ Erspamer asked the lot size. Adams replied 15,599 square feet. Erspamer asked the average setback in the back. Sanchez replied that it averaged between 5 and 7 feet. Erspamer asked how far back the new extension was going. Sanchez responded 12 feet. Erspamer said if some corners were eliminated it might help with the setback issues. Sanchez said the only new addition in terms of permanent space was the undercroft, which wouid be used as a hospitality hall. Sanchez said the toilets were being brought up to code and enlarged for ADA accessible. Sanchez said that the uniqueness of this building was that there were windows in the basement 4 feet below the first floor so the square footage was counted into the FAR. Public Comments: 1. Janice Collins said their complaint was the size and the variance; she said that they lived directly across the alley from the church. Collins said they were most impacted by this proposed variance (as stated in her letter); she stated that she did not want an expansion of the programs. Collins asked for the proposed seating. Sanchez replied that it was flexible seating, a modular pew chair. Blaich said that there have not been any final decisions made by the sub-committeePgCMeli 9 M~a®ked Augusl 28, 2007 4 Aspen Planuine & Zonine Meetins Minutes - Aueust 28.2007 if this additional space was necessary and did not feel the same with the addition on the back. Collins voiced concern for the lack of landscaping in the alley. 2. Diana Ramsey said that she has been a member of this church for almost 40 years and stated that there were also funerals, weddings and other church functions, Ramsey said there were now 2 dishwashers; the added space of the church was necessary because the plumbing, roof and insulation all needed replacement. Ramsey said that the inside and the outside of this project would be attractive. 3. Father Bruce McNab, the pastor of Christ Church, said he records the attendance for every church event; the average number of people in the 1980's and 1990's was 50 or more people attending than this last decade. The cunent average was 112 attending on Sundays. Father McNab said the reason for the improvements was to allow for wider isles and not to allow for more seating; it was a safety issue. 4. Lisa Markalunas said that a seating plan was required to the neighbors. The parking was a huge impact from Sunday services, large weddings and funerals as well as the Music Festival and Hams Hall. Markalunas suggested approaching the City to request the cross-town shuttle service be increased. 5. Ann Burrows ran numbers regarding the attendance for the Music tent and Hams Hall that was 83,700 people. 6. Mary Janz suggested moving the organ so that the organ player can see what was going on. 7. Colleen Burrows asked for a re-configuration and a current site plan. Bun•ows attended a concert last winter and it was stated that they wanted to have more concerts in the future. Burrows said that there was a double standard because this was a church and it was being treated differently; she requested the church follow the same rules. Burrows said the West End was not second homeowners the people that live in this neighborhood were raising their families. 8. Claude Salter stated that they were held to the same changes if there was a remodel or this massive addition; the building still has to be brought up to fire code and accessibility. Salter said that this was about the massing. Salter requested a seating plan. Salter said that alleys were a treasure. Exhibit C P&Z Meeting Minutes August 28, 2007 Aspen Planning & Zoning Meetine Minutes - Au¢ust 28, 2007 9. Steve Falender stated that he lived across the street at 603 West Gillespie and since the last meeting the church has not contacted him. Falender said that the 7 closest people to the church were all raising families here and they were part of the community. Falender said if the church ageed not to have an increased concert schedule that would go a tremendous way and they have neglected to put anything in writing. Falender said that by putting the number of concerts in writing would go a long way to satisfy the neighbors. Falender said P&Z must decide whether it was consistent with the policies to enforce setback requirements in the West End. Falender said that in the documents there was a way to appropriately evaluate what was an appropriate variance; he requested P&Z reread those sections to determine why the church can't add significantly without going into the rear yazd setback. Falender said they have not opposed the increase in FAR or the extensive increase in lot coverage. Falender asked P&Z to request the church meet the rear yazd setback and agree to the number of concerts but grant the increased FAR. Falender requested that Community Development review the metal roof for design standards review. 10. Susan Horsey said that she liked having the church in the neighborhood. Horsey said the Christ Church mission was to share the love; playing music from the great composers. Horsey said the church has open doors. 11. Warren Klug said that he was a member of Christ Church and lived just a few blocks away; all over the country churches were located in residential areas and it works. Klug said the business of Christ Church was to take care of people in the community in respectful and positive ways because it was a place of worship, ministry and renewal. The concerts were small and intimate. The goals were to make the building and the work of the church function better, safer for everybody and a better fellowship area on the main level. Klug said the increase was not that big, it was 128 square feet. 12. Keith Gardner said that the term concert was of major concern for some people; the concerts taking place at the church were maybe a piano or an organ plus a violin; he doubted that they were audible outside the church. 13. David Wiedinmyer from Grassroots Aspen Youth Experience who made their home in the basement of this church in this beautiful neighborhood as a guest; they were moving their program because there was not enough space in the church. 14. Lisa Mazkalunas asked for clarification on the addition of square footage. Sanchez replied that they were going from the existing 7,118 square feet to 9,000 square feet. Sanchez said the reason that they were not moving the church fio:~nard P8Z Meeting Minutes August za, zoos 6 Aspen Plannine & Zonine Meeting Minutes -August 28 2007 was because there was an existing tree that they were not allowed to move so they adjusted the plan and took away 500 square feet. 15. Joan Macney said that she was a deacon at this church and said that there should be an element of trust for the good of the community. Sanchez said the church sent out letters and packets to all of the neighbors. David Guthrie asked if the metal was slate colored. Sanchez replied that it was zinc, which was a velvety textured metal with almost no reflectivity and absorbs light. Blaich stated that this roof replaces asbestos shingles. LJ Erspamer read the definition of essential public facility (page 10 of the memo) and asked staff to elaborate on that. Sara Adams replied that essential public facility was what they have used in the past to review churches. Erspamer asked if a change in use occurred they would have to come back before P&Z. Jennifer Phelan responded that this was a conditional use so if there was a major amendment to their plan they would have to come back to the Planning & Zoning Commission. The commissioners were all good with the GMQS, Conditional Use, Special Review criteria. Erspamer asked what the percentage of site coverage was with the lowered FAR to 9,000 squaze feet. Sanchez replied that it was probably 36 or 37%. The alley variance discussion included Guthrie commented that they alley that he lived on had setbacks everywhere; all of the alleys had encroachments whether it was a garbage dumpster enclosure or a building, which was part of the messy vitality that used to be desirable here. Brian Speck and Dylan Johns said that there was not a hazdship for the setback variance. Johns said that a garage was one nature for an alley variance but a building that was 18 feet tall was another; he said that it was partly a scale matter. Erspamer said dropping the square footage made a difference for him. Adams said that to grant a variance was generally consistent with the purposes goals, objectives and policies of the AACP. Adams said that she demonstrated in other exhibits that they do fmd that expanding the church for the reasons in the application that meet the AACP, in terms of providing community services. Exhj4it C Adams stated to grant a variance there was the minimum variance po~i~adp,,~a~ August 28, 2007 Asaen Plannin¢ & Zoning Meetin¢ Minutes -August 28.2007 reasonable use of the parcel, building or structure; based upon the application it was the minimum variance. Adams noted that the 3'~ criteria was hardship and because the applicant was not doing a scrape and replace but working with the existing and difficult form; they were trying to keep the scale down and the shape of the parcel was unique, which was another constraint. There were certain corners that were in the setback and not the entire structure. John Rowland said that this was a minor infraction on the alleys and there was a balancing act. Sanchez utilized the model to show the element that was low scale and the impact was minimal for the benefits that this space will produce for the church, congregation and the community. Erspamer said that listening to what Jennifer and Sara had to say there was a limit on the church activities. Jim True noted that expanded use was not a part of the application. Johns said that functionally speaking there was an argument to take the main portion of the current church and grant that the extension that they were requesting. Johns said that he was having issues with the additional part of the building sharing that same variance, which goes along with the fact that they were having to work with an atypical design space and may need a little more to make full use of the space for their purposes. MOTION.' Brian Speck moved to approve Resolution #23, series 2007, approving with conditions, an increase indoor area from 7,118 square feet to approximately 9,000 square feet though Conditional Use process, an establishment of off-street parking requirements through the Special Review process to require four (4) onsite spaces and one (I) stacked space, the required dimensional variances as indicated in Staff's memorandum and recommending City Council approve with conditions, Growth Management Review for an Essential Public Facility. Seconded by David Guthrie. Roll cal vote: Erspamer, yes; Johns, no; Guthrie, yes; Speck, yes; Rowland, yes. APPROVED 4-1. John Rowland supported staff in the research and code interpretation. Adjourned at 7:00 p.m. ckie Lothian, Deputy City Clerk Exhibit C P&Z Meeting Minutes August 28, 2002 Regular Meeting Aspen Planning 6 Zoning Commission August 19, 1960 Hunt asked if the staff were going to do something about the 90 day limit for subdivision exceptions. Runt suggested an automatic 45 day extension which would save time. Ms. Smith said the people working on revising the Code will look at this. Hedstrom said the Christ Episcopal Church public hearing would be held later. Employee Units in Lodges Karen Smith, planning director, told the Board the staff Resolution had misread the Board's wishes on this resolution. The Board had wanted to be more liberal in the single Family zone district and review an unlimited amount of expansion by special review. Anderson moved to approve and adopt Resolution 80-09 and to strike the word "or" in the second line of the first para- graph; seconded by Ms. Klar. All in favor, with the exception of Hunt. Motion carried. Christ Episcopal Church Condition Karen Smith said this was discussed at a previous P & Z Use meeting; she is ready to answer questions and to bring to the Board a compromise worked out by staff, the Church and neighbors. Me. Smith said there was a question whether this required conditional use; it does because it is the location of parking on the lot of a conditional use in the R-6 zone. The Church is a conditional use and any expansion or modification requires approval. P & Z is being asked to approved a reduction of parking and to approve the config- uration of that parking. Ms. Smith recommended as a compromise that the parking be reduced from 19 to 12 with 9 implemented right now and S spaces held in abeyance to demo parking on the streets. Me. Smith presented a revised site plan; the 4 spaces to be implemented now are to be behind the Rectory with an access driveway off the alley. The conditions of this approval should be with the understanding that the Rectory is not on a separate parcel; the five lots comprise one undivided parcel. Any division in interest would require subdivision or exception. Separating the lots would dimin- ish the ability to service the Church with parking. Another condition is to reserve the right, if parking is insufficient, for any party to be able to seek review of the parking with increase to 19, or the reconfiguration of parking through a condition use hearing. The soonest this should be reconsidered is in one year. It has been aug- guested a landscaping plan should be given to the planning office; there has been no agreement on this. Jay Hammond, engineering department, said he is not inclined., from an engineering standpoint, to recommend a reduction to 4 spaces. Hammond had recommended there be 10 spaces. The configuration is a special consideration in view of the neighborhood; however, Hammond said he was not that comfortable with 4 spaces. Ms. Smith said two of the spaces will be used for the Rectory. The parking is accessed off the alley and people will probably tend to use the street. The neighborhood feels that the sporadic park- ing is tolerable. Hedstrom agreed the planning office and P & Z should accede to compromise dictated by the wishes of the neighbors and the need of the Church. Hedstrom opened the public hearing. Nick McGrath, representing Charles Collins who resides directly across the alley from the Church. McGrath stated .- -~. Exhibit D .~ Planning and Zoning Commission Minutac~August 19, 1980 RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Aspen Planning s Zoning Commission August 19 1980 generally supports the reduction in parking and realizes no matter how much parking ie behind the Church pill not fulfill the needs of the Church. A problem with putting too much parking behind the Rectory is the alley itself. The alley entrance is very narrow and in the winter it is difficult to use. McGrath said hie client would prefer parking, if any, to the front of the Church with a curb cut, which would improve traffic flow. McGrath suppozted asking the Church to file a landscaping plan with the planning office. Charles Shepard, the Church, said they supported the reduc- tion. They originally thought a large amount of parking was required. Shepard said they do intend to landscape; however, he would prefer not to be tied down to a specific plan. Hut if the P s Z directs they have a plan, they will. Hunt asked if the parking were to be increased to 12 or 19, would the parking lot be paved. Otherwise there would be a terrible dust problem. Ms. Smith said that was discussed but was not part of the recommendation but it could be included with the review criteria. Hedstrom asked about the parking in the front and the idea that it may be preferable. Ms. Smith said it was discussed and the engineering department expressed reservation at the time. Ms. Smith said this is mainly an engineering matter. Ms. Smith said she felt the visual impact on the front would be even greater. The Church is neutral on this question. Hedstrom said the parking in the front of the Church was probably continue until the city enforces a curb and gutter in that area. Anderson said with the Codes the parking could not be done in front. Ma. Klar agreed the impact seemed to be landscaping over parking, and that is the direction they should head. George Stark supported McGrath's view point. Pam Heck questioned parking in the alley and having the snow plowed. It may be impossible to park there at all. Hedstrom closed the public hearing. Hunt moved to recommend the reduction in parking from 14 to 12; approving the parking configuration of 4 spaces now as proposed with 8 held in abeyance and conditioned upon (1) five lots constituting one undivided development and (2) right is reserved to review numbers and configuation of parking including requirement to pave spaces and alley on an annual basis in response to complaint of interested party, and (3) file a landscape plan; Hunt amended his motion to include in condition number 1 that the five lots constituting one undivided development and that the entire parcel is integral to the parking needs of the Church; seconded by Ander"son. All in favor, motion carried. Anderson moved to adjourn at 7:15 p.m.; seconded by Ms. Klar. All in favor, mo*ion carried. fj ~ Kathryn Koc~ty Cle~ Exhibit D Planning and Zoning Commission Minu[es, August 19, 1980 Aspen Planning & Zoning_Commission Meetine Minutes -August 7, 2007 would generate. Vann responded there would clearly be an increase in the level of activity that currently was being done in this area; there were proposals to transport individuals from Ruby Park and other hotels along Dean Avenue and Durant via the trolley system. Vann said the street section was designed to handle the level of traffic. Guthrie asked when the time was to ask about the large hotel vehicles driving one person two blocks and how that could be dealt with; this was like a private limo service. Phelan stated that this was apublicright-of--way, which was a much broader scope than just this application. Guthrie said that he could not put the community issues on this one project. MOTION: David Guthrie moved to approve Resolution #22, series of 2007 incorporating Exhibit D, the language including APCHA pay for the Deep Powder cabins as affordable housing and consider funding options for their rehabilitation , the volleyball courts timing, concern for the location of the Ski Museum; seconded by Brian Speck. Roll call vote: Rowland, yes; Speck, yes; Guthrie, yes; Erspamer, no. APPROVED 3-1. LJ Erspamer explained that the application does not promote the efficient use of land with the change of conservation zone to lodge. Erspamer said he would like to see this project become pedestrian friendly; there was too much traffic and pazking was a problem. Erspamer thanked the applicants. PUBLIC HEARING: CHRIST EPISCOPAL CHURCH GMOS AND OTHER LAND USE APPROVALS John Rowland opened the public hearing for Christ Episcopal Church. Sara Adams stated that the reviews before P&Z were Growth Management for an essential public facility recommendation to City Council; a Conditional Use to increase the floor area from 7,118 to 9,500; Special Review to establish parking requirements; and Dimensional Variances. Adams explained that Planning & Zoning in 1980 approved 12 parking spaces with 4 on site-and 8 spaces abeyance for future implementation. The development requires a 5 foot rear yard setback, where 10 feet is required; a variance for site coverage was also required. Adams stated that overall this project balances the Exhibit C P&Z Meeting Minutes August 7, 20076 APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: G{~/Sl ~p/S~oPBt- GfLuTu~/ - Location: s3 b u/ , ~pjliT~ GO75 ~~-~~ {~L1JC/G 9~1 i~Ai'L/./FXi1 r5 At~/J/Ti.2/ Parcel ID # ATrvE: (Indicate street address, lot & block number, IeQal des~criotion where aoorooriatel Name: ~jlL~/LT S~Jc/Gf{,~Z // Address: ,SO ~ r'~!~ L~ ~~~ ~ . `D~ l}"St"~! Cv to/~i/~ Phone #: PROJECT: Name: C~JL~$`T ~[$'Co~.~/'L Glt(l(uF/ Address: S~J /O ~(/ • ~Gi2T~1 Phone#: q~,$ 3~.70 TYPE OF APPLICATION: (please check all that apply): Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA-8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumi~ation) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ~ ///~~` Other:v~VlQn~,~.~rn ^ Lot Line Ad~ustment ^ Text/Ma Amendment EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc.) Gf1v2eK ~Act~ltl~-5 To,~ APP~v~i ~5 P4~irav5 Ga>~~Tla/.~rL U5~ T~visw5 Sl~ui~- l~bril.,~v I-o/c_ Pr>`~cicc~ YROPOSAL: (description of ro osed buildings, uses, modifications, etc.) ,~M.o/~~ ~ d~(GINN't_ G/~/~I B~4/ls l~y~J6k~ ~~I?GoN T`f~ Sv~Po~T SP~gc;~5 ~ f}~JD/ icol~[~- P~cryG- ~sP/fit,~ Have you attached the following? FEES DUE: $ Q Pre-Application Conference Summary ' [~ Attachment#I, Signed Fee Agreement []' Response to Attachment #3, Dimensional Requirements Form ~' Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. PROJECT NARRATIVE CHRIST EPISCOPAL CHURCH 536 W. NORTH ST. This application seeks the City of Aspen's approval for development to the Christ Episcopal Church property at 536 West North Street. The proposed development plans are intended to enhance the worship and fellowship facilities for the church's congregation and to provide adequate administrative and support spaces for the church staff. This will permit the church to continue its significant contributions to our community, to minister to its congregation's spiritual needs and to maintain its traditional identity in Aspen's West End. Christ Episcopal Church was established in 1881 during the height of Aspen's early mining days. The original church building, located at the corner of Second & Bleeker Streets, was later closed as a result of Aspen's dwindling population during the "Quiet Yeazs." The town's revival afrer World War II as a resort destination saw the reestablishment of the church in the building that now houses La Comida restaurant, and later, in its current location. Opened in August of 1962, the existing distinctive arched church, designed by Chicago architect and part-time Aspen resident Francis Stanton, has been an integral component of the West End neighborhood for almost 45 years. The contemporary design is reflective of the modernist design philosophy fostered by Walter Paepke, Herbert Bayer and others influential in the post-war renaissance of Aspen. Modest expansions to the south of the original building were completed in 1973 and in 1976 as approved by City of Aspen Special Review. In 1981, the adjacent rectory was built to provide employee housing on-site. The proposed scope of work described in this application will allow for church facilities that respond to current accessibility requirements, comply with all life/safety codes, and provide the necessary program spaces for the fulTillment of the church's mission. The original arched church structure will be extended an additional 12' to the north and current deficiencies, such as roof leaks, poor lighting, ventilation and acoustics will be corrected. New construction will replace the existing support spaces added to the church in the 70's. This low-scaled element accommodates kitchen & fellowship spaces, adequately-sized toilet rooms and much-needed storage areas for the church. The building floor area will increase from 7,118 SF to 9,000 SF. Overall, significant improvements in the church's energy efficiency and sustainability are expected to be realized. The proposed development plan requires the following approvals from the City of Aspen's Planning & Zoning Commission and the City Council: • GMQS Review for Essential Public Facilities • Conditional Use Review • Special Review for Parking • Variances from Dimensional Standards in R-6 Zone District Responses to the relevant review criteria aze outlined below. GROWTH MANAGEMENT QUOTA SYSTEM This proposal responds to Section 26.470.040.D.3 Essential Public Facilities as follows: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses may also be part of an Essential Public Facility. Response: An essential Public Facility is defined by the City of Aspen Land Use Code as "a facility which serves an essential public purpose, is available for use by, or for benefit of, the general public and serves the needs of the community." The Aspen community has long embraced the significant role of our local religious institutions as important contributors to the quality of our daily lives. Christ Episcopal Church has enhanced our community's ability to achieve the Aspen Idea -the cultivation of the mind, body & spirit -for almost 45 years. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.0. Development Ceiling Levels and Section 26.470.030.D, Annual Development Allotments. Response: Dedicated Annual Development Allotments do not exist for churches or other religious facilities. The City of Aspen Planning & Zoning Commission and the Aspen City Council may, at their discretion, grant such allotments based on the merits of each application. c) The proposed development is consistent with Aspen Area Community Plan. Response: The Aspen Area Community Plan states "The genuine character of our community should be measured by the quality of our human interactions, and not by the physical look of our man-made artifacts or the magnificent beauties of the nature surrounding us." The Christ Episcopal Church core values and vision statement include the following: o Christian love for one another and for others, expressed through hospitality, community-building, and friendship. o Christian love for one another and for others, expressed through compassion, service and giving of ourselves. o United by faith in Christ, we will honor the uniqueness of every person, caring with compassion for the spiritual and physical needs of our brothers and sisters. The church reaches out beyond its own congregation to foster "quality human interactions" among the broader Aspen community. Programs and facilities for diverse activities from AA meetings to concerts by Aspen Music Festival and School musicians serve to enhance daily life for the citizens of our town. The proposed development will permit the church to continue this important community role. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in-lieu thereof in a manner acceptable to City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Response: The proposed Christ Episcopal Church development plans do not anticipate any increases in the current number of church employees. The existing 2,897 SF rectory, built on-site in 1981, houses the rector and deacon. Two other employees, the administrative assistant and the music director, fill part-time positions at the church. e) Free-Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040.0.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Response: The proposed Christ Episcopal Church development plans do not include free-market residential floor area. t) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Response: The proposed Christ Episcopal Church development plau is intended to provide appropriate worship, fellowship and support spaces for its current congregation and the Aspen community. Code compliance, energy efficiency, sustainability, and accessibility are primary goals of this work. Expanded membership and additional programming are not. As a result of satisfying current plumbing codes, additional plumbing fixtures will be required. However, the use of current technologies like low-flow water closets will minimize the potential impacts on water & sewage treatment systems. Similarly, efficiencies in other new building systems &components will have mitigating effects that increase the current facility's performance and reduces its impact on public infrastructure. New heating/ventilation and lighting systems will improve energy consumption. Appropriate building insulation in the existing arched church and properly designed building enclosures in the new construction will achieve exceptional thermal performance. Fire suppression systems will provide a measure of safety that does not now exist for the church and its adjacent neighbors. Parking is addressed in more detail later in this application. CONDITIONAL USE AMENDMENT This proposal responds to Section 26.425.040 Standards Applicable to All Conditional Uses as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title. Response: The conditional use of this property by the Christ Episcopal Church is consistent with the Aspen Area Community Plan as outlined in the Growth Management Quota System, Item c) above. Paragraph 26.710.040.0.1 lists "Arts, Cultural, and Civic Uses" as permitted conditional uses for the Medium-Density (R-6) zone district. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel for the development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The conditional use of this property by Christ Episcopal Church is a tradition that dates back to the existing church's construction on the site in 1962. Similar uses are evident throughout the Medium-Density (R-6) zoning district that comprises this West End neighborhood. These include: The Aspen Community Church at 200 E. Bleeker, the First Baptist Church at 726 West Francis, and the Christian Science Society at 734 West Main. These organizations, like Christ Episcopal Church, are familiar, integral, and traditional components of their surrounding neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking ,trash, service delivery, noise, vibrations and odor on the surrounding properties. Respouse: The Christ Episcopal Church has operated at this location for almost 45 years. The proposed development plan is intended to allow the church to continue its traditional role in serving its congregation and the Aspen community with facilities that minimize adverse effects on the neighboring properties. Since the original arched church building has only been modestly expanded (most recently 31 years ago in 1976), the existing building provides inadequately sized and inefTicient spaces for the church's current needs. This application seeks the City of Aspen's approval to increase the building area from 7,118 SF to 9,000 SF - an additiona12,382 SF. Dimensional requirements for the R-6 zone district permit up to 4,050 SF by right on the parcel. The attached drawings illustrate design concepts that minimize the impacts of this additional area. These include: o Separate buildings reduce the mass and scale of the proposed building area on the site. The existing rectory remains a separate, independent structure of 2,897 SF. It will continue to provide dedicated employee housing for the church, and it is not included in the scope of work of the proposed development plans. o Distinct modules reduce the mass and scale of the proposed building area on the site. The 6,603 SF intended for worship, fellowship & support spaces is divided among two distinct modules: the original arched church building and an adjacent sloped-roof support structure. These elements are joined by a glazed circulation spine. o The scale and rhythm of the adjacent neighborhood is reinforced. The distinct building components -original church, addition and rectory - reflect the traditional rhythm of the typica130' wide lots identified in Aspen's historic town plan. o The lower level building area is partially below grade. Approximately'/e of the volume of this level is below grade reducing the overall visual impact of this floor area. This was a design feature of the original arched church and is being incorporated in the new addition as well. o The sloped- roof of the new addition reduces the building height. The roof slopes from front to back resulting in a lower scale along the alley to minimize impacts on views & light for the neighbors. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools. Response: New efficiencies of the proposed development plans outlined in the Growth Management Quota System, Item fj above will minimize impacts on available public utilities and services. Existing public facilities are adequate for the conditional use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: The proposed Christ Episcopal Church development plans do not anticipate any increases in the current number of church employees. The existing 2,897 SF rectory, built on-site in 1981, houses the rector and deacon. Two other employees, the administrative assistant and the music director, fill part-time positions at the church. SPECIAL REVIEW FOR OFF-STREET PARKING This proposal responds to Section 26.515.040 Special Review Standards as follows: A. A Special Review for establishing, varying, or waiving off-street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Response: Currently, 4 on-site parking spaces are provided in a stacked configuration behind the rectory. These are accessed from the alley. The church congregation and members of the community that use the existing facility park on the street, walk within the West End neighborhood or take advantage of the RFTA cross-town shuttle that serves the neighborhood. The design proposal increases the on-site parking to 5 spaces. (Only 2 of these spaces will be stacked parking.) Access will remain from the alley. The traditional use of street parking and transit routes will continue to be used by the church's members and the general public. Since the proposed development plans do not anticipate expansions in church membership or programming, parking demands are not expected to increase beyond the current usage. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Response: In 1980, the City of Aspen approved a Special Review for Parking for the Christ Episcopal Church property that permitted 10 on-site parking spaces. This plan was never implemented. The requirement to satisfy the 1980 Special Review for Parking at this time would have the following undesirable results: o It would prevent the realization of the development plans outlined in this application; thereby reducing the viability of the church, its mission, and its contributions to our community. o It would result in the loss of open space on-site. o Increased building mass on North Street would be likely. The 1980 Special Review did not anticipate the current spatial needs of the Christ Episcopal Church. Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. Response: Existing off-site parking on adjacent streets has proven to be satisfactory for the 45 years Christ Episcopal Church has been in this West End location. No additional demands are expected. Similar uses by the Aspen Community Church, the First Baptist Church and the Christian Science Society are evidence that street parking is compatible with the neighborhood. A2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Response: The requested variance is the minimum variance that would permit the plans outlined in this application to be realized, thus insuring the viability of the church, its mission, and its contributions to our community. The project would improve the availability of on-site parking with the addition of 1 space for a total of 5 spaces. A3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Response: The Aspen Area Community Plan considers the role and contributions of Christ Episcopal Church to be desirable in sustaining a vibrant community. The West End neighborhood R-6 Zone District supports many similar uses. The Aspen Community Church, the First Baptist Church and the Christian Science Society all enjoy relief from parking requirements of this area. VARIANCE FROM DIMENSIONAL STANDARDS OF THE R-6 ZONE DISTRICT This proposal responds to Section 26.314.040 Standards Applicable to Variances as follows: A1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title. Response: The grant of variance will permit the implementation of the development plans outlined in this application. This will allow the Christ Episcopal Church to continue its. traditional role in the Aspen community, to maintain its West End identity, and to successfully minister to its congregation. It has been demonstrated above that the church's contributions are supported by the Aspen Area Community Plan. A2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. Response: The grant of the requested variances to allow reduced setbacks at the west sideyard, the rear property line and increased site coverage will permit the Christ Episcopal Church to continue its traditional role in the Aspen community with improved, accessible, code-complying and energy efTicient facilities. The variances allow the church to retain and enhance the signature 45 year old arched structure. The original siting of this building and subsequent development on the site has resulted in several dimensional non-conformities. These include west, east and combined sideyard setbacks as well as site coverage. The site is uniquely shaped. It is a trapezoid that results from the transition of the Aspen town grid to the neighboring Aspen Institute property. The skewed angle of the north alley property line minimizes the impact of the requested variance on the adjacent property. Only the northeast corners of the expanded original church building and the new support facilities will be 5' back from the property line. The rear facades recede up to 8'10" from the property line due to the angle of the lot lines. The impact of this variance is further mitigated by the relatively low scale of the building components. The arched expansion peaks at 28' above grade but drops quickly to reduce the building profile. The parapet of the new addition is 18'6" above grade and it reflects an appropriate residential scale at the alley property line. The existing non-conforming sideyard setbacks are a result of the original arched church building and the rectory built in 1981. Since these buildings are being retained in their current locations, this situation will remain unchanged. The grant of variance for site coverage is the minimum variance that will permit the church to realize appropriately sized facilities as proposed in this application. The careful control of mass, scale, building form and height results in sufficient open area to relate comfortably to the adjacent residential neighborhood. A3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hazdship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: c. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or d. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Response: The original arched church has been on this site since 1962. The rectory is the most recent addition to the site built 26 years ago. These existing site conditions and the evolution of the dimensional requirements for the R-6 Zone District have created unique restrictions for this conditional use. The Aspen Area Community Plan supports the continued role and contributions of the Christ Episcopal Church. The granted variance would permit the church to maintain its traditional West End identity in appropriate, accessible, code-complying and energy efficient facilities into the future. m THE CITY OF ASPEN Memorandum To: From: Date: Meeting Date: Cc: Re: Aspen Mayor and City Council Paul Menter, Director of Finance and 11 /1 /2007 11/12/2007 Steve Barwick, City Manager 2007 Property Tax Mil Lery and Assessment v~~ Summary: This memorandum recommends adoption of a resolution setting the property tax levy rate for 2008 collections at $5.41 per $1,000 of assessed value of all real property located in the City of Aspen. This property tax rate, which was approved by Aspen voters in November of 2005 for a period of five years, provides for collection of $6,657,924 in property taxes in 2008 to be used as discussed in budget development work sessions during October, and summarized as follows: • General Government Operations: $2,340,666 • Asset Management Fund Projects: $2,340,665 • TABOR Excess Approved Projects: $1,976,593 Background: In November of 2005, Aspen voters approved fixing the City's property tax rate at 5.41 mils ($5.41 per $1,000 of assessed value) for the five collection years of 2006 through 2010. The voters also approved using any proceeds from this tax source in excess of constitutional revenue collection limits for a set of specific projects. Attachment A provides the certification of values from the Assessors office on which this resolution is based. 2008 represents the third of those five collection years approved by Aspen voters. Attachment B summarizes audited collection and expenditure activity that occurred in 2006, the adopted budget for use of excess property tax revenues for 2007 and the planned use of those proceeds for 2008-2010. r Analysis: The 2007 property assessment completed by the County Assessor's office provided for the largest single year increase in taxable value in recent `" memory for the City of Aspen. This result prompted City Council to consider options November 1, 2007 for addressing as a policy issue the resulting 45% increase in property tax revenues to be received by the City of Aspen in 2008. After much consideration, City Council directed staff to prepare a resolution adopting the voter approved mil levy rate of 5.41 for collection year 2008. Council also directed that this issue of excess property tax collections be placed on the agenda of the soon to be formed citizen budget and finance committee for its review and recommendation over the coming months leading up to the 2009 budget development process, which begins for staff next July. Council's rationale for recommending that the mil levy rate be adopted at the voter approved maximum, even though it will result in the collection of approximately $1.2 million in additional 2008 excess property tax revenue over what was originally anticipated at the time of voter approval was two fold. First, at the end of 2008, total excess collections for the current five year period (2006-2010) will still be, in total, lower than the $3.1 million estimate that companioned the ballot measure approved by voters in November of 2005, and Second, in November of 2006, City Council directed staff to "front load" over $1 million in sidewalk and Americans with Disabilities Act related improvements to street crossings as part of the 2007 budget. These projects have been designed and bid and will be completed in 2008. Collection of the additional $1.2 million noted above allows the City to cash fund these improvements and avoid borrowing funds internally for their completion during 2008. ~ ^" Therefore, delaying consideration of a change in the mil levy rate to the 2009 budget process does not create a situation where the City of Aspen collects in excess of the estimated $3.1 million in 2006-2010 TABOR excess property tax dollars forecasted in 2005 and provided on an informational basis to voters in advance of the November 2005 election, and it provides resources to complete voter approved projects sooner rather than later in that five year period. Recommendation: Staff recommends approval of this resolution as presented. Citv Manager Comments: .rw 2 RESOLUTON NO. ~~ (SERIES OF 2007) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SETTING THE 2007 MUNICIPAL MILL LEVY AND CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR PITHIN COUNTY. WHEREAS, the City Manager, designated by Charter to prepaze the budget, has prepazed and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado for the fiscal yeaz beginning January 1, 2008 and ending December 31, 2008; and WHEREAS, the assessed valuation of the taxable property for the year 2007 in the City of Aspen returned by the County Assessor of Pitkin County on August 25a', 2007, is the sum of $1,230,669,800; and WHEREAS, the City Council has determined that the proper mill levy of 5.410 upon each dollaz of the assessed valuation on all taxable property within the city shall be that determined by the County Assessor sufficient to produce as valorem tax proceeds in the amount of $6,657,924; and WHEREAS, the City Council has determined that $2,340,665 of the total $6,657,924 is to be specifically restricted for general asset management plan capital projects; and WHEREAS, the City Council has determined that $2,340,666 of the total $6,657,924 is to be specifically retained for use in the General Fund; and WHEREAS, THE CITIZENS OF ASPEN in November; 2005, authorized the City of Aspen to collect, retain, and expend any property tax that is in excess of the limits. of Article X, Section 20, of the Colorado Constitution, for the purpose of purchasing alternative fuel (e.g. hybrid) bus or busses for use within the City's RFTA routes; Improving the quality of storm water runoff entering the Roaring Fork River through constrnction of the Jenny Adair Wetlands Project, and associated improvements to the City's storm water runoff retention and sediment removal systems; Design and construction of a new outdoor swimming pool at the Aspen Recreation Center; and, Constmction of improvements to key elements of the City's sidewalk and trail system including Americans with Disabilities Act (ADA) improvements; and the amount of such excess revenue available for these purposes for 2008 is calculated as $1,976,593. WHEREAS, the Mill Levy will be set at 5.410 mills upon each dollar of total assessed valuation of all taxable property within the City of Aspen. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1 That for the purpose of defraying the expenses of the City of Aspen, Colorado during the fiscal yeaz beginning January 1, 2008 and ending December 31, 2008, there is hereby levied a tax on said dollaz of the assessed valuation of the taxable property in the City of Aspen, Colorado for the purpose of raising the sum of $6.657.924 which together with the Fund Balance and revenue from all other revenue sources, is estimated to meet budget expenditure requirements and provide a reasonable closing Fund Balance for said fiscal year. SECTION 2 The City Clerk is hereby directed to certify and deliver this Resolution to the Board of County Commissioners for Pitkin County on or before December 15, 2008. ADOPTED THIS 26`s day of November 2007. Michael C. Ireland, Mayor ,~+ I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen, .~, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution .,,~- adopted by the City Council at its meeting held on November , 2007, which Resolution was adopted subsequent to public hearings on the City of Aspen's 2008 Proposed Municipal Budget and prior to the fmal day established by law for the certification of the tax lery to Pitkin County, all was required by the Sections 9.8 and 9.9 of the Aspen Home Rule Charter. Kathryn Koch, City Clerk ..~- -~ael~(~,e~k ~. CERTIFICATION OF VALUES Name of Jurisdiction: CITY OF ASPEN V 011337 New District: N USE FOR STATUTORY PROPERTY TAX REVENUE LIMIT CALCULATIONS (5.5% LIMIT) ONLY accordance with 39-5-121(2)(a) and 39-5-128(1), C.R.S., The total Assessed Valuations for taxable year '°Y007 In PITKIN COUNTY On AUGUST 25, 2007 Are: ~ Previous Year's Net Total Assessed Valuation: $ 847,410,688 Current Year's Gross Total Assessed Value $ : $ 1,230,669,800 (-) Less TIF district increment, if any: $ 0 Current year's net total assessed valuation: $ .1,230,669,800 New Construction ": $ 34,031,000 Increased production of producing mine "": $ 0 Annexations/inclusions: $ 1,326,050 Previously exempt federal property "": $ 0 New primary Oil or Gas production from any $ 0 oil and gas leasehold or land (29-1-301(1)(6) C.R.S.) """: Taxes collected last year on omitted property $ 0.00 as of AUGUST 1 (29-1-301(1)(a) C.R.S.): Taxes abated and refunded as of AUGUST 1 $ 12,652.17 (29-1-301 (1)(a) and 39-10-114(1)(a)(I)(B) C.R.S.): $ Tliis value reflects personal property exemptions IF enacted by the jurisdiction as authorized by Art. x, Sec. 20(8)(6), Colo. Constitution " New Construction is defined as: Taxable real property structures and the personal property connected with the structure. "" Jurisdiction must submit a certification [o the Division of Local Government in order for a value to be accrued. (DLG52 & 52A) * Jurisdiction must submit an application to the Division of Local Government in order for a value [o be accrued. (DLG 52B) USE FOR'TABOR' LOCAL GROWTH CALCULATIONS ONLY In Accordance with the Art.X, Sec20, Colorado Constitution and 39-5-121(2)(b),C.R.S. The Actual Valuations for the Taxable Year 2007 In PITKIN COUNTY On AUGUST 25, 2007 Are: Current Year's l'otal Actual Value of All Real Property *: $ 11,038,594,300 ADDITIONS TO TAXABLE REAL PROPERTY: $ 397,367,530 Construction of taxable real property improvements **: Annexations/Inclusions: $ 4,572,600 Increased mining production "**: $ 0 Previously exempt property: $ 6,831,700 Oil or Gas production from a new well: $ 0 Taxable real property omitted from the prevous year's tax $ 0 warrant.(Only the most current year value can be repJrted) DELETIONS FROM TAXABLE REAL PROPERTY: $ 7,841,620 Destruction of taxable real property improvements: Disconnection/Exclusion: $ 0 Previously taxable property: $ 14,842,800 '- This includes fire actual value of all taxable real property plus the actual value of reliyious, private schools, and charitable real property. Construction is defined as newly constructed taxable real property structures. '...-' Includes production from a new mine and Increase in production of a producing mine. NOTE: All levies must be certified to fire Board of County Commissioners no later than December 15, 2007. m C t U Q m eo ol o o o~ 0 0 o m m o ~n n fn o » o EFr en n in ~ M M O O M M ~ ~ O NI ~I CI N O ~ 10 ~ O r N , Nom! w ~ aD O~ :L ~ ~ 60 to 1 yj~I ~ O E9 ~ ~ O U) O GH r ,~ r j 0 fR ~ I . I j 1 r r i ~ j ~ M M l I I ' i ~ a I o ~ r o I I I i N -i N N N i i I I I i ' .' I I I K W a+ y M M 'i_.._,, L.-O,O'O.,N~ NI O) Of ! to fA W r . __ O O O EA j O' V/ N n l0: (D 'O ~ O, I O~ 1D I O O~, O~ O~ '~i ' ~ lp, ~ O er ~ ~ , I O mo' m tO bI n n. O T' C~' !M~ p N) ~ ao K~ O) 1 I r r N I j , i H9 ~ ~~ O '.N I ~I I '~~_ _ ~ f I 0 o -~ I n,ol' o;'o n ' I _I~-_ ~ n' o ..~ o r v 1 _ ~_ ~n , ~ ly I N N N i EH O W r N N ! M~ OM n j O V j W R] IR N r 0~ ~ al ive i ~ III ' ~ O~ O O ~ II I MI I t I MiM I M, i~,N O W N MI O) 'i 0 N ', NE? Il n 'I I ~ i ' O I M 00 I ° I Ntl~ ~ iI N n W IQ ' !e»i w o I i ~ i w va I n I II IN II F I ' O ,N I I I I I i ZI W W ~ ~ I I, ~ I ~, rnjm II M o,o ml r aolco t»r» n rn n ~ i j ~ o 0 u> <» o u I I r nl N N a i . ' ' I r rI 01 I i O W t0 W 1 0 M y n;n j Mj GO NI N lf) ~ a ~ ~!~~ I tO'! ~~ r fMN9 I p EONS Oj H a 7 a i i o I N I N I I I I I U W~ I I II ~ I ~ I I I I O ~ ' l ' ' !I Z ' O MI p) , O O,O ,O M O'O Oi0 , O O ~I I N O Ni Oi ~j n. IMI O to M M OO'~,O O I Oi M 4]' ~. M~ LL J OI CO O'. o O!O O t0 I Ji ~ O'O IO l ~I O ', O I ~ N, I V O O N. rI O p ~ rn o n °'- FI ~~il I l o M Meal ~ v>I (°' M ~ CO , 10 w ~ F»! ! O'' l wl i I 10 I w, E9 a' I ll ~ , i I ~ , i I ! I I I i I i I i I '.. h ii I I ~ i '', j I ~' ''~ li I '' ~I ~ !Z I II i j I ! ! ~ 'p I O' ' O N n ' SIC i I '. ~ I 10 I F ,. I m F- i I C'. 'C O ~ 7 C N.y ~ ' i !a !. O dI N `I, w I ,N l i .1 ~ y l ~. !, 'I~ ' . ~ ', I, O ~ I I i m,p ' , a` o I N 'a ~, y ~ J O LL' I I ! ~ o v N I ' '~ IN m ,~ ~ O E; J ~ I ~ da a ' l ~ I ~ j ° m I ~ ! ~N'v o! ~, I y Q ~ L, ' w I ~ 0 g ', I c ~ I ' ° , E ~ I ` ° W ! i i O v I > m, F H y , ~~ I ~ ~, I ~~y y " _ d ~ ~ ~ ~ ~ Q' IC I I , ..e .w O O ' N V I~ U O d C c Q . 'IQ I IF ! , ~!IQI = C N d `IC W l Y O ~ i ~' z ¢ Ellm' ~I°o 2` ¢~!ia 4 31a Oi ~°-~ mIP ~ a ~ > m'I~ m ~ ~ of l~ o x , ~ m ~ a ~ .__ o ~, ~ ~ .__ ~'I Q ~ W ~ c= QQ ~ ~ c E ~ K H r w,N;M ~ O a f ~ O, aLL W i a. m THE CITY OF ASPEN Memorandum To: City of Aspen Mayor and City Council Thru: Steve Barwick., City Manager Vlllb From: Paul Menter, Director of Finance and Administrative Services Cc: Agency Heads Date: November 5, 2007 Meeting Date: November 12, 2007 Re: 2008 Recommended Operating and Capital Budget Attached please find the recommended 2008 operating and capital budget resolution for Council consideration. This budget represents recommended appropriations based upon City Council review of the City Manager's proposed budget at seven sepazate budget development work sessions. All proposed budgets aze balanced, and all funds have sufficient resources to meet operating and capital needs through the coming yeaz. This memorandum summarizes recommended appropriations and provides a detailed listing of specific changes from the originally proposed budget that have been authorized by Council. Overview: In summary the proposed budget breaks down as follows: City of Aspen - 2008 Recommended Budget v. 2007 Initial Adopted Budget Description Operating Budget Capital Budget Debt Service Budget Total Appropriations 1 I Interfund Transfers $19,315,292 $20,358,760 1 043 468 Grand Total Appropriations 2008 20071nitial Recommended Budget Budget Variance Chan e $42,324,078 $47,389,360 $5,065,282 12.0% $19,737,200 $31,316,480 $11,579,280 58.7% 9 801 307 5 680 310 -$4,120,997 -42.0% $71,862,585 $84,386,150 $12,523,555 17.4% 177 910 $13 5.4% 14.9% November 5, 2007 Including interfund transfers of $20,358,760, the attached budget resolution proposes total appropriations of $104,744,910 (See Attachment A). This total budget amount represents a decrease of $846,620 from the originally proposed 2008 budget of $105,591,514, presented to Council on October 1st. Changes from the originally proposed budget leading to this reduction aze detailed by fund as follows: City of Aspen -Changes to 2008 Proposed Budget Amount of Fund/Department Chance Description Appropriations for new City Employee Housing Development and Maintenance Employee Housing Fund: 1,043,890 fund. Budget for Car Share Program -offset by Parking and user revenue. Supplemental for Utilities Transportation: 78,800 and Towing cost increases. Properly accounting for retired employee General Fund: -61,280 contribution: Early Childhood Initiative Properly accounting for Early Child Fund: -20,903 Initiative overhead payment to Kids First. Reduction for error in calculating base Wheeler Fund: -4,900 operating budget. Reduction in Estimated Cost from original Employee Health budget due to updated actuarial Insurance Fund: -10,300 information. Reduction -Reallocation of planned capital projects among AMP Plan years Parks and Open Space: -300,000 resulting in net -a300k reduction in 2008. Reduction -Roof Replacement Deferred due to potential renovation and Yellow Brick/Kids First: -398,000 expansion plans for workforce housing. Elimination of Use Tax Transfer -Deposit Directly to Parking and Transportation Fund. New Transfer to Employee Housing Fund. Reduction -Parks Capital Projects. General Fund -Accounting Change Retired Employee Contribution. Net Change in Interfund Early Child Care Fund -Properly account Transfers: -1,173,927 for overhead TOTAL CHANGE: -846 ~,: .~ ~.._ 2 November 5, 2007 Council Policy Direction: The October 26, 2008 memorandum entitled "Executive Summary Recapping Counci12008 Budget Work Sessions to Date" provides a summary of Council policy direction for 2008. The Council is scheduled to complete a final review of this memorandum at its Work session scheduled for November Sa'. Upon completion of this review, staff will update this memorandum and include final policy direction from Council into the presentation of the 2008 Recommended Budget at the Public Hearing scheduled for the Regular Council meeting of November 12a', 2007. Recommendation: Staff recommends approval of the 2008 budget as presented. City Managers Comments: RESOLUTION NO. (SERIES OF 2007) ,,,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ADOPTING THE 2008 MUNICIPAL BUDGET AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO WHEREAS, the City Manager, designated by Charter to prepaze the budget, has prepazed and submitted to the Mayor and City-Council the Annual Budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2008 and ending December 31, 2008; and WHEREAS, in accordance with Section 9.8 of the Home Rule Charter, the Council shall adopt the budget by Resolution on or before the final day established by law as December 15a' for certification of the ensuing yeaz's tax levy to the county; and WHEREAS, Article 9 of the Aspen Home Rule Charter requires the adoption of an annual budget with the opportunity for the public to participate at a public hearing at least 15 days prior to the statutory deadline for certification of the ensuing yeaz's tax levy to the county, it is the intent of the Council by adoption of this budget to follow the requirements of City Charter; and WHEREAS, the budget as submitted in Exhibit A sets forth the estimated fiscal data of appropriated expenditures and estimated revenues for the calendaz year of 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1 That the budget for the City of Aspen, Colorado for the fiscal yeaz 2008 as submitted in attachment hereto as Exhibit "A" and incorporated herein by this reference, be and is hereby adopted, which option all constituted appropriations of the amounts specified therein as expenditures amounting to $104,744,910, and the estimated budget revenue requirements of $105,918,800, both in Exhibit A, is hereby declazed to be the amount of revenue necessary to be raised by the tax levy and income from all other sources not inclusive of fund balance at the beginning of the yeaz of $37,176,105, for total revenues of $143,094,905, to pay the expenses and certain indebtedness, and provide a reasonable fund balance at the close of the fiscal yeaz beginning January 1, 2008 and ending December 31, 2008. SECTION 2 That the City Council hereby authorizes and directs the City Manager to enter into such contracts and execute such documents on behalf of the City as may be necessary and customary to expend the funds appropriated for all capital acquisitions within its budget, and that Council further directs the City Manager to inform it of such contracts and documents promptly at its regulazly scheduled Council meetings. ,.. Adopted this 26th day of November 2007. Michael C. Ireland, Mayor I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City Council at its meeting held on the 27`~ day of December, 2008 which resolution was adopted subsequent to and publication of public meetings on such proposed budget held on November _, 2007. Kathryn Koch, City Clerk ..., ~~ EXHIBIT A Total City of Aspen 3008 Recommended Appropriations by Fund Fund # Fund Name Beginning Fund Balance Total Current Revenue & Transfers In Total Expenditures & Transfers Out 2009 Ending Balance General Government Funds 000 Asset Management Plan $231,547 $5,630,030 $5,390,630 $470,946 001 General Fund $8.530.652 $25 185 870 $25 458 750 $8 257.772 Subtotal General Gov't Funds: $8,762,199 $30,815,900 $30,849,380 $8,728,718 Soecial Revenue Funds 100 ?arks and Open Space 51,913,249 $9,354,230 59,524,200 $1,743,278 12C bVheeler Opera House 51,570,556 $5,538,480 $3,388,560 $3,720,476 130 Lodging Tax Fund $0 $1,330,360 $1,330,360 $0 _ 140 Parking Improvement Fund 5618,780 $1,877,860 $1,528,640 $968,000 15G Housing Development $591,699 $12,244,600 512,307,810 $528,488 i 151 Earty Childhood Educ. Initiative - AVCF $25,499 5353,090 5347,950 $30,639 152 Klds First /Yellow Brick $3 983.235 $1 976.290 $1.780.940 54.178.585 Subtotal, Special Rev. Funds: $8,703,018 $32,674,910 $30,208,460 $11,169,467 ebt Service un s 250 Debt Service Fund ~ $4 119 480 $4,119,480 Subtotal, Debt Service Funds: $0 $4,119,480 $4,119,480 $0 340 Parks Capital Improvement Fund $0 $2,854,380 $2,854,380 $0 Enterprise un s 421 Water Utility $9,023,256 56,465.400 510,065,220 $5,423,436 431 Electric Utility $3,381,367 $6,660,220 $7,418,850 $2,622,737 444 Hydroelectric Facility $620,523 $7,086.13C 34,131,56G $3,575,093 450 Transportation Fund 52,815,066 $5,241,960 1, 55,106,260 $2,950.765 471 Municipal Golf Course 560,082 $1,258,100 51,241,320 $76,862 491 Truscott Housing $372,544 $1,771,420 $1,723,820 $420,143 492 Marolt Housing 31.330.010 31 266.180 51.166.480 31 429 709 Subtotal, Enterprise Funds: $17,602,848 $29,749,410 $30,853,510 $16,498,747 501 Healthlnsurance Fund $900,000 $3,662,430 $3,662,430 $900,000 505 City Employee Housing Fund $0 $1,043,890 $1,043,890 $0 Trust & Agency Funds 620 620 Housing Authority $912,807 $933,000 $1,076,700 $769,107 622 622 Smuggler Mountain Fund 29$ 5.234 6$ 5 400 7$ 6.680 3283.954 Subtotal, Trust & Agency Funds: $1,208,041 $998,400 $1,153,380 $1,053,060 I I ALL FUNDS: $37,176,1051 $105,918,8001 $104,744,910 $38,349,995 I I i ! iLess Interfund Transfers $20,358,760 $20,358,760 EQUALS NET ALL FUNDS APPROPRIATIONS: $37,176,105 $85,560,040 ~ $84,386,150 $38,349,995 EXHIBIT B :~ •, •'~ ~1•~N .~ ~'r 1 • `- ~_ *~=ti MEMORANDUM TO: Mayor & City Council THRU: Paul Menter, Finance Director FROM: Don Pergande, Budget Manager DATE: October 26, 2008 Executive Summary Recapping Council 2008 Budget work sessions to date. The following is a summary of the direction and tentative funding decisions provided by City Council at 2008 budget work sessions held to date. Attached please find a revised new funding summary (Att. A) reflecting changes. After the completion of all the work sessions the Finance Department will bring back to the City Council a revised budget resolution for the 2008 budget; with all of the changes per City Council's direction. The summary is organized by Funds with action items or open issues that were a result of the budget development work sessions. Asset Management Plan Fund: • The policy issue is related to the TABOR funds. Staff estimates at the end of 2010 at the current mil levy, $6.96 million in TABOR funds will be collected. The estimated amount of TABOR collections in the ballot question was $3.1 million. The policy question is to leave the mil levy at the current rate or lower it. Staff recommendation is to leave the mil levy at the current rate. At the current mil levy rate, the $3.1 million approved collection will not be reached in 2008. In addition, this will allow the General Fund to be paid back in 2008 for the accelerated TABOR sidewalk improvements funded from General Fund cash reserves in 2007. Staff recommends the Citizens Budget Committee review and makes recommendations during 2008. Options to consider: refund the TABOR funds, recalculate the mil levy, leave the mil levy at the current rate and expend excess on the approved projects, go back to the voters and expand the purposes for the excess funding. 1. Council requested staff analyze the refunding amount to property owners if °~~ the option to lower the mil levy rate was chosen. The result of the analysis is ,,.,, a mil levy rate of 4.45. This lower mil levy rate would return $75.84 on each million dollar of market value to residential property owners and $278.40 to all other property owners annually. (see attachment B for more details) • Fire Station Data Center Project: per attachment C, the estimated project cost has increased 63% from the initial estimate. The Tech Team recommends leaving the """` current budgeted amount of $588,000 and attempt to arrive at a solution with the Fire Department with the available funding or look for other alternative data. center locations in City or County owner facilities. • There are no other outstanding issues or questions for the General Fund AMP. General Fund: • City Council has reviewed and agreed with the 2008 Recreation Department subsidy, with the exception of the request for additional information outlined below in the General Fund new funding requests. City Council also gave direction that Recreation's subsidy may increase at an inflationary amount in 2009 and all out years if necessary. General Fund -New Funding Requests: 1. Council requested from the Recreation staff a breakdown of the $142,980 new supplemental request for the 2008 operating budget. Recreation staff would like to reiterate that this funding request has been identified in the 2008 proposed budget, meets Council directed goals of the Recreation Division subsidy level, and will be offset by revenues. The details can be found in attachment D. 2. Council also requested a brief analysis of the benefits to the general public for the New Year's Eve Celebration at Wagner Park and the Aspen Recreation Center sites. This event was funded in 2006 and 2007 as a supplemental '"* request. This request is intended to make this funding a part of the base budget ~-- in 2008 and all out years. The joint memo from Special Events and the Police Department in response to Council request is attachment E. 3. The Ski Company has requested an additional $50,000 for the Winter X-Games in 2008, 2009, 2010. Council discussed leaving the contribution at the current level of $100,000 and revisiting the request for additional funding if the X-Games contract is extended in 2011 and 2012. At this point in the 3 year contract with ACRA, marketing funds are not contractually available for use to fund this request. The contributions memo dated October 25, 2007 that was distributed at the same time as this memo indicates that $100,000 is in the 2008 General Fund's contributions budget for the Winter X-Games. 4. Council has given direction to fund the Rocky Mountain Rail Authority's request of $5,000 for 2008. Council has directed RMRA to go thru the grant process for all future funding requests. Parks Capital Fund; • Council has requested a work session to discuss open budget issues, including the following capital projects: Maroon Creek Trail from the round-a-bout to ARC trail, Francis Whitaker Park, Anderson Park planning money, Triangle Park, East of Aspen Trail, Castle Creek, and Event Flooring or possible additional fields and/or synthetic turf ~'"~!+ in lieu of flooring. Council requested the special events committee be invited for the <..~ discussion of the Event Flooring storage, management, and operational budget impact. This discussion is scheduled for the work session of the 30t" of October, with a follow up work session to be scheduled if necessary. Golf Fund: • Council confirmed the $75,000 Golf subsidy from the Parks and Open Space Fund through the planning period. Kids First: • Council gave direction to staff to think about childcare facilities in the same way staff thinks about affordable housing. These two areas are related; growth in one will create growth in the other. Therefore, when opportunities arise act on them. • Council gave direction to staff to plan for the renewal of the 1 % sales tax and the RETT simultaneously. These two taxes are related. • Due to the consideration of affordable housing on top of the Yellow Brick Building, the $398,000 for the roof replacement will be programmed in one of the out years. Parking Garage (140) Fund and the Parking and Transportation (450) Fund: • Proper accounting of the Use Tax requires that the Use Tax that was shown for presentation purposes to Council received in the Parking Garage Fund be shifted to the Parking and Transportation Fund. The accounting for the Use Tax will now be a direct deposit into the 450 Fund. This is consistent with the ballot measure language. • 2 FTE's are built into the pro forma for the administration of the Use Tax. A technical adjustment in the first supplemental ordinance of 2008 will be needed to adjust for the accounting of these positions in the General Fund; specifically Community Development and the Finance Departments. If the ballot measure does not pass this November, staff will be bringing a revised Parking and Transportation budget back to Council with significant transit reductions. • Staff had originally requested a $30,000 ongoing increase to the base budget of Parking and Transportation (450) budget in 2008. After further review staff has revised this request to $20,000. This funding is needed due to the addition of the bus lanes and more snow tows. This request is 90% offset by tow fees. Joinf work session: • Staff received direction to evaluate options for a program of random review of affordable housing compliance. Staff plans to develop options for the Council and the BOCC consideration after Housing Board review. Staff received direction to review the leasing policy related to corporate leasing for the seasonal units at Marolt and BHI. Staff plans to develop leasing policy options thru the Housing Board. ...,, Truscott Phase 1 and 11 ,~,. • Staff received direction to complete an analysis of the deed restricted rental properties of similar category and size vs. rental rates. Comparing properties such as Truscott Phase I, Truscott Phase II, Centennial, and Castle Ridge. This analysis is to be brought back to Council for discussion. • Staff received direction to complete an analysis of property uses to determine if there is an erosion of free market rental units in the City of Aspen for workforce housing. This analysis is to be brought back to Council for discussion. Housing Development Fund: • Council gave staff direction to move forward combining Phase II and Phase III of Burlingame as quickly as possible, with no redesign. This is Council's number one housing priority. • Council wants staff to explore factory built housing as a potential to save money. Plans remain for the City development of 33 single family "turn key" homes, in lieu of duplexes or triplexes construction, if feasible. These homes will go into the City's lottery system for sale. • Council gave direction to staff to develop a strategic plan for affordable housing development the first half of 2008 for discussion. .•~. City Owned Affordable Housing: • The 2008 budget resolution will include a City Affordable Housing Capital Development and Management Fund per Council direction. This Housing Fund will be funded by annual contributions from all of the City Funds to build sufficient housing units to meet 45% of City employee housing needs over a 30 year horizon, given current assumption. • Monday, October 29`", 2007: Review 2007 Wheeler Fund, arts and non profit grants. • Tuesday, October 30th, 2007: Parks capital projects, final budget review and policy direction for 2008 budget. • Monday, November 12th: Public Hearing on 2007 budget resolution. • Monday, November 26th: Adoption of 2007 budget resolution. Thank you for your review of this information. Please feel free to contact me if you have any questions regarding this information. .~•~„ 2008 Supplemental Requests -Detail Attachment A Deoartment/Fund Total One Time Onaoina Justification City Council Travellfrainin $7,500 $3000 per council member- $15k. This council is travelin more and attendin more conferences. Print Publishin $1,500 Increased cost to cover the costs of the annual re ort Materials/Su lies O 1 2201 Increasin line item to reflect 2007 throw h Jul . Subtotal $0 $10,220 Total Supplemental $10,220 City Manager none none none ~ ~ ~ Human Resources/ Risk emp Hel /Auxilia Staff 10 000 Several opportunities arise throughout the year for competing tasks mare economically with use of temp staff as opposed to professional staff. Examples include fling projects, purge projects, assistance with to istics. orkers Compensation Safe Audit 9,100 Occu-Med services to conduct position audits and job analysis to insure we are appropriately and legally using pre-employment standards. The last audit was completed in 1997, since which we have added additional positions and revised positions than in h sisal abili re uirements. ob Classifcation/Wellness Audit ' 000 ~ The City of Aspen has never hired a classification specialist to review our job descriptions vis a vis our compensation plan to assure that comparable work is being paid with comparable pay. Many potential inequalities have come to the attention of the FiR de artment. Subtotal $24,100 $0 Total Supplemental $24,100 '. City Clerk none none none City Attorney none none none i i I I 2008 Supplemental Requests -Detail I Attachment A Department/Fund Total One Time Onaoina Justification Finance ' ~ 'i i Finance received a $50,000 supplemental for temp ~ labor in 2007. Finance still requires external i accounting services. This service will be responsible for training and guidance in CAFR development, conducting special projects, including External Accounting internal controls. Service will be scheduled one Services $20,000' week er month to handle above referenced duties. ~ ~~ New Position requested based on budgetary :responsibilities and projects assigned to Finance. .The growth of the organization, and requests for I 'additional reports and assistance requires more ~ ~I staff to handle workload. Currently only one staff member is responsible for the entire budget I ~ process, with assistance from the margins. The total amount includes wage and all operating expenses BudgeVAccountant ~ (travel training, materials and supplies). And one Anal st 8 00 94 900 time requests for Landline, PC and workstations. Subtotal $28,000 $94,900' Total Supplemental $122,900 ' ComDev /Planning I ' We are asking for $30,000 to have the City Community Development Department (as a group) participate in "Best Year Yet" training. We 'i participated in this program in 2007 and it was i helpful in directing our efforts and focusing on the ' City s growth and development challenges. I Best Year Yet $30,OOO '~ ~Requestedin'07also Staff would like to again partner with the Aspen Art I Museum to hold four lectures by notable architects ~ j 'in 2008. The Department participated in 2007. I These are free events, open to the public, and have 'been well attended (75-100 people on average). I This achieves a greater understanding of how ( architecture and the built environment directly Architecture Lecture j impacts our daily lives is a benefit to the entire Series $5,OOOi 'communit . I i The department is requesting a "place-holder" figure in the 2008 budget for the time being. City Council requested a scoping session to discuss whether (they want to update the AACP and to discuss options. The scoping session will clarify costs and I ~ consultant needs. The'98-2000 update cost the ' City approximately $225,000. In the last go-around, Aspen Area Community (the City paid 2/3 and the County paid 1/3 of the total Plan AACP I $150 OOO costs. ~^1 .rw; ~"~ ..~' 2008 Supplemental Requests -Detail Attachment A Department/Fund Total One Time Onpoinp Justification ComDev /Planning We are asking for $40,000 for consultant services to assist with building the 3-D graphic model of the City and $5,000 for ArciCAD software that will - integrate with the sketch-up project. Staff has worked on this Sketch-Up model since May 2007 and has modeled most of downtown and Main Street. For 2008 budget, staff would like to expand the model to all areas of the City. 'Funds are also requested for the ongoing upkeep of the model 3-D Modeling ! ArciCAD which averages $10,000 every two years based on software $45,000 $5,000 GIS fl overs. The ComDev Department currently has an Executive Assistant. The responsibilities of this position have grown in the past few years. Staff is in the process of assessing the demands and resources of al of the administrative functions of both divisions. This would be a new position. The funds requested Includes a one time New Position -Planning appropriation for a computer and phone and yearly Administrative Assistant $2,500 $64,950 costs for trainin and sup lies. The ComDev The demands on the Planning division have exceeded the Department's current capacity. A Planning Tech position could handle the majority of day-to-day public requests for information, administer zoning review for simple projects, and assist with current and long-range planning tasks. The efficiency of existing caseload planners would be improved with these tasks being handled by a Planner Tech. This would be a new position. The ~ ~I funds requested Includes a one time appropriation New Position -Planning , for a computer and phone and yearly costs for Technician $2,500' $81,620' trainin and su lies. i Updating the AACP will require a significant staff effort. The Department is requesting afull-time ( dedicated staff planner to assist existing long-range and special project staff. The department is requesting a "place-holder position for a Planner Tech. This position depends on the scoping session (referenced in the AACP Update line). This New Temp Position - would be a new, temporary (12 to 18 months) Planning Technician position. Included are funds for a computer, phone AACP $80,620 and sup lies. The Planning Dept. is increasing the sales of IRC and IBC code books, more funds are necessary to supply the demand. 50% of the costs incurred are Items for Resale $6 000 s lit with Pitkin Count . 2008 Supplemental Requests -Detail Attachment A Deoartment/Fund ~, Total OneTime Onaoina li Justification ComDev /Planning By adding new systems and process to the planning department, additional funds are needed to print new forms, flyers, stamps, and etc. 50% of the Print 8 Publishin 0 5 OOO~costs incurred ar e s lit with Pitkin Coun Subtotal $315,620 _ 1 $162,570 Total Supplemental $478,190 i Engineering i 'i 517 E Hopkins office space . Staff is requesting an ongoing request for the 1/4 of the yearly lease 517 EHopkins -Office ! payment, 1/4 of the utilities and 114 of the cleaning ~ Space 7 0 0 1 services for the office space at 517 E Hopkins. Subtotal $57,0001 Total Supplemental I $57,000 , ComDev/Building Inspections The marriage of the Energy and Efficient Building ) ~ I (Codes brings us in line with current software and I ',nationally published codes. This is new to the I :design and engineering communities and staff and public training will help ensure a smooth transition. Training -New Energy Training for all building staff ad public contractors. Code $25,000 This will be rant funded. I The Western AlA Chapter approached us about ~bringinc a LEEDS training to town. This is new to ' the LUC and as momentum builds in the green Co-Sponsor Leeds I 'building movement. The more local Accredited Trainin - AIA $5,0001 LEEDS professionals in town the better. (The software program warrants our use of its ' capabilities. Staff members will need additional training to make better use of the program and I continually improve the system and processes. I ~This can be achieved with proper training Eden Trainin & Setu $12,000 0 ortunities. Energy Code Analysis 8 '(This request is to complete the Commercial REMP Consultant $25 000 I and test the pro ram. I i ~ Additional employees were added in 2007 and they ~ will require training. A training budget has been I , included for the three permanent staff members. Travel &Trainin ~ $9 OOO Trainin 3 em to ees $3.000/ea = $9 000 !~-, .,.w- 2008 Supplemental Requests -Detail Attachment A Deoartment/Fund Total One Time Onooina Justification ComDev/Building Inspections aterials & Su lies i ~ ~ $5,400 The Addition of employees in 2007 will require additional various materials and supplies. Materials 3 em to ees $1,800/ea = $5 400. Utilities and Cleanin I $15 600 Utilities and Cleaning 517 E Hopkins for 50% of S ace Rent for 517 E Ho kins ~ 0! 9$ 6.000 Rent to cover 50% of the lease for 517 E Hopkins, the location for the new Building department annex. 5 ear lease throw h 2012 Subtotal ' $55,000! $138,000 Total Supplemental $193,000! j Environmental Health Electronic Waste Collection Da $3,600 EH would like to continue the Electronic Waste Collection Da as an on oin annual ro ram Expand Construction& Demolition Recycling and Reuse I ~ ~ $4,0001 Expand Construction& Demolition Recycling and Reuse Materials and Su plies $5,000 EH is requesting a plastic bag banftax ordinance. Re nests move for reusable ba s. reen Pro ram I~ ~ $3,000 Zgreen Program. Community action program for environmental stewardship. Funding used for tool kit, similar to CFL program by the Utilities Department and community meetings to measure ro ress. S ecial Events Re clin ! ~ 000 0 Recycling at Special Events. Funding will be used for the urchase of rec clin bins. Subtotal I 513.000 $3,600 Total Supplemental $16,6001 I Police ! ermanent Staff I I ! I ~~ $30,420 Implementation of stand by policy for the Police Department PD has a need for 24 hour detective and sergeant coverage. Funding does not exist in the base budget, nor has it ever. This funding would allow for 24 hour on call service. nsurance I ~ I ~ 4 000 Increase to cover same amount as last year's death and disability insurance overage. Expect same level movin forward. Subtotal $0 $34,420 Total Supplemental $34,4201 Records none none none i Streets none none none GIS none none none 2008 Supplemental i Requests -Detail Attachment A Department/Fund Total One Time Onaoina Justification IS none none none - ~ Special Events i, On going request to fund New Years Eve ' I celebration at both Wagner Park and Aspen Recreation Center Sites. This has been funded in 2006 and 2007 as supplemental. This event is New Years Eve I driven by the PD in an effort to disperse the crowds Celebration ! I 8 00 that other around the Paradise Bake corner. Subtotal $38,000 Total Supplemental $38,0001 Recreation/ARC/Ice Garden ~ Recreation is requesting increased wages for the I 2008 budget to be offset by increased revenue, for ' the purpose of meeting existing payroll needs, changes in operations, and to complete with increasing wages in the valley. This is an on going supplemental request. See attached memo for Increase to Base Bud et 142 980! further'ustification. Subtotal I $142,980' __ Total Supplemental $142,980; All General Fund $1,117,410 $435,720 $681,590 Parks none none none Housing Department none none none Water Global Warmino Reouests I II In implementing the Carbon offset program, this I position would handle tracking/accounting GHG emissions for city departments as well as for events ', in Aspen, report to CCX, generate required reports i for compliance with state and local carbon offset projects, work with third party verifers and perform general administrative tasks as assigned by the Permanent Staff -Global I Global Warming Project Manager. Funded by warmin Project Staff $81 434 CORE / REMP show contribution comin in. A .~ ~. ..r' 2008 Supplemental Requests -Detail Attachment A Department/Fund Total One Time I Onaoinp j Justification Water Global Wanninp Requests As demand for Canary services/projects grows, CI ,needs to solidify its staff. This position would !(facilitate carbon offset projects, provide input on city ~ council proposals regarding carbon impacts, Permanent Staff -Data perform research, assist in implementing the Analyst -Carbon Neutral ~ jCanary Action Plan, event planning and public and Auditor ! $40,71Tschool based-education pro rams. i Office Furniture $1,000, 1 For new data anal st position I (Environmental Ideas Forum in March 2008 with ',Aspen Institute and National Geographic 8i-annual Global Warming (commitment to GW Conference, leveraging City's Conference $25,0001 ~resources.IntownatAs enlnstitute. 12008 membership fee of $5400 is waived for all !CCX members that were phase 1 members. The $1257 represents the amount of carbon offsets the city was required to purchase in 2006 for not meeting the targets. Staff is pursuing the idea of .buying any necessary carbon offsets through our down Canary Tags program so this amount will likely Chicago Climate !be zero. Benefits of membership in CCX outweigh Exchan a $1,257 I~the otential cost of carbon offsets. A fundamental component of the Canary Initiative, ~ !,this bi-annual report is essential for tracking city !igovernment and community progress on reducing !i ',GHG emissions. Without it, the Canary Initiative !cannot produce quantifiable results. Baseline '.inventory was done in 2004 with no update since. Emissions Inventory ! Will have some carryover from 2007 budget to 1 U date .cover most of fundin . 52,500 I ! I Initial capital costs of establishing local Carbon ~~offset program (Canary green tags) will be borne by ~ ! Electric Efficiency. For 2008, there will be ! I ioperational costs including some web updates, Carbon Offset i (costs of merchant/bank account and marketing the O erational Costs ii $0' $2,500! ro ram to local events, businesses and residents. 'to get the Canary Initiative action message out to 'individuals and companies with high carbon iimpads, we need to broaden our marketing efforts ~ !,through print ads in Jazz Aspen Snowmass !,program, Ideas Fest program, Wheeler Programs, Targeted Canary Initiative '~ II PSAs on radio and television and increased Canary Marketin 0 7000!brandin Subtotal $29,757 $131,651', Total Supplemental $161,408 2008 Supplemental i Requests -Detail i Attachment A Department/Fund Total One Time Onaoina Justificafion I ~ Electric none none none I Storm Water none none none Hydroelectric none - none none i Transportation Towin Towing activities have increased with new parking restrictions in place and will only increase with new $20,000 scenarios. Utilities O 12 000 With new parking location we have taken on additional utilities costs. Subtotal $0 ' $32 000 Total Supplemental $32,000 I Golf em Labor ~ 0 Labor has been frozen for the past few years because the revenues have been so tight. Due to a higher revenue forecast Golf can afford this temp 'labor staff needed to maintain the Golf course at a $20,0001 hi her level of rooming- I I $0 $20,OOOi Total Supplemental I $20,000 Truscott none none none Marolt none none none Housing Authority none none none Smuggler none none none Asset Management none none none I Total Supplemental -All Funds ~ $1,330,818 i One Time $46,477 i Ongoing $865,341 ''wp ATTACHMENT B ° m n m m ~. ~ ! ~ m ~ n ~ ~ N ~ O ~ ~ - ~ Q ~ ~ ~ ~ ~ ~ ~ ~ < D `< ,..f m o ~ ~ ~, ~ -+ ~ n ~ ~ m . o v N "' 7 Z 3 ~ ~ .CT i z, ~ X ~ ~ ~, x Nm~ - r ~ v x ~ m ~ I ~N ~. ~, Z7 m m ~ m ~ I to ~ ~ ~ (7 ~ a! ~~ (.. 0 ~ ~ r f7 o !~ v o ~ ~ `D~ ~I mv .o~i ~A cn A ~ cD ~ .. ". O ~ O m ~ << O~ Z7 w (~ aJ "D N ~ ~ f71 W A ~ N ~ C ~'~ ' "~ j ~ I N v mi o ~ A N I V X (7 ~ ~I I O ~ D t `~ ~ m m i y ~ ! ~ TI p o ~ ; ~ i D ~ ~ N pp ~ ~ O ~ c N ~ ~ nay,,. ATTACHMENT C Update on the Fire Station Data Center On Monday(10/22), Nancy P and I met with Daryl Grob and the Development team to discuss COAPC costs associated with implementing a Data Center in the basement of the to-be-constructed downtown Fire Station. The current estimate for our 1,100 squaze foot share of this facility aze: Construction Costs Soft Costs (overall Project overhead) Contingency IS Costs (not covered in Construction estimates) $704,783 $100,000 $ 32,250 $122,000 $959,033 (detail on page two) Notes: 1. At current estimates this is $871.85/sq ft. 2. This sum exceeds our previous budget estimate of $588,000 by $371,033 or 63.1%. • Options 1. Proceed with original plan and request additional funding. 2. There is a small chance that the Fire District may not be able to afford all of the above ground construction originally planned. If we constructed a data center above ground at the Fire Station we would potentially save all of the excavation, concrete, drainage, and elevator extension costs. Based upon current construction estimates this would be approximately 5300,000. 3. Politely decline opportunity at Fire Station and improve current network closets while looking for other opportunities in existing or proposed COAPC facilities. To improve current facilities to approximate proposed data center specs we would have to add redundant cooling, generator connectivity, and fire suppression. Approxima*.e costs would be: Ci Hall Generator project under way Fire Suppression $ 7,500 HVAC $12,000 $ 19,500 • Moving Forward Courthouse $ 10,000(attach to Jail) $ 7,500 $100,000 5 117,500 1. Discuss with Tech-Team for feedback and direction -•~ 2. Meet with Daryl to discuss outcomes of Tech Team direction 3. Update Decision-Makers ~r..- ATTACHMENT C Fire Station Costs -Detail General Conditions Supervision $20,000 $22,750 Cleanup $2,000 Blue Prints $750 Sitework Earthwork $129,063 ~""* $174,038 Soil Stabilization $38,500 Asphalt Paving $6,475 assumes vault work in alley Concrete Subcontractor $85,000 $90,250 Underslab Insulation $4,D25 Vapor Barrier $1,225 Steel Raised Floor System $16,000 $31,199 Metal Framing $15,199 Wood & Plastics Rough Framing $2,500 $5,200 Framing Materials $1,500 Interior Door Install $1,200 Thermal-Moist Foundation Protection Waterproofing $18,647 $25,147 Insulation Sub $6,500 Doors 8 Windows Wood Doors $4,200 $5,050 Hardware Allowance $850 Finishes Gypsum Wallboard $4,500 $12,000 IT Room Floor & Tile $3,500 Suspended Ceiling $2,500 Painting $1,500 Elevator Extend to Basement $25,000 $25,000 Mechanical Plumbing Labor & Mat. $8,500 $138,000 HVAC $110,000 Includes 2 Liebert Systems In Floor Heat $12,000 Probably not required A. Fire Protection $7,500 w~ Electrical Labor & Materials $75,000 Does this include UPS{2)? $79,500 Low Voltage Wiring $3,000 Fire Alarm $1,500 Allowances Temp Heat $2,000 $34,730 Liability Insurance $32,730 Usetax $33 Taxes & Insurance on Labor $9,680 Profit $52,206 TOTAL $704,783 hard costs $100,000 soffcosts $32,250 contingency Construction TOTAL $837,033 Costs not Covered Fiber Relocate $27,000 Equipment Racks $10,000 Power Conditioning $15,000 Equipment Relocation $20,000 Reconfiguration $15,000 Fiber Reinstall $10,000 Miscellaneous $5,000 IS Staff Time $20,000 $100/hour .~++, GRAND TOTAL $959,033 ATTACHMENT D MEMORANDUM TO: THRU: FROM: DATE: RE: MAYOR & CITY COUNCIL JEFF WOODS, MANAGER OF PARKS & RECREATION PAUL MENTER, MANAGER OF ADMINISTRATIVE SERVICES TIM ANDERSON, RECREATION DIRECTOR OCTOBER 16, 2007 BREAKDOWN OF 2008 SUPPLEMENTAL BUDGET REQUEST Council requested from the Recreation Staff a breakdown of the $142,980 supplemental request for the 2008 operating budget. Staff would like to reiterate that this funding request has been identified in the 2008 proposed budget, meets Council directed goals of maintaining the Recreation Division subsidy level, and will be offset by revenues. While this request may seem substantial at first glance, staff feels that it is important for Council to realize that in 2006 for example the Recreation Division exceeded revenue projections by $200,000 due to growrth in both program and facility use. These trends aze continuing and the 2008 supplemental request is in essence needed to maintain the current operational levels. The Breakdown of the 2008 supplemental request is as follows • Increased employee benefit cost $ 4,900 • Cost of shazed employees $26,500 • Increase to guest services hours $14,500 • Additional Fitness Programming $15,000 • Increased pay to current IT position per compensation plan $17,980 • Increased hours for cleaning of ARC $19,000 • Increased pay to lifeguazds, guest service employees, additional Part time employees for programs due to growrth, and to stay Competitive with Snowmass Village wages $45.100 Total $192,980 Explanation of each cost increase: ATTACHMENT D Increased employee beneft cost: While the departments were permitted a 5% increase in "*~_ labor for 2008, the Recreation Division operations needed an additional $4,900 to cover benefits for current employee levels. Increased cost for shared employees: The Pazks & Recreation Department currently shares 6 employees during the yeaz. In other words, for retention and consistency in operations, the department has 6 employees which go to the Pazlcs and/or golf division for 6 months and then to the ice facilities for 6 months. This allows us to maintain good employees in the department, consistency in operations and it is estimated that the organization saves $12,000 per employee per yeaz in not having to recruit and train new employees each season. This cost is the difference in staffing these employees during the shoulder seasons, but a worth while investment and savings in the long run. Increase to guest services hours: Due to increase usage at the ARC the number of hours worked by current part time employees needed to be increased to better serve the customer. This amount breaks down to 2 extra hours of staffing per day during the busy hours of operations. Additional Fitness Programming: staff has identified and constructed in house 650 squaze feet of additional fitness area for programming due to requests from the public. This $15,000 is to cover the cost of instructors providing classes in this space. Increased pay to IT position: Due to the large use of IT components in the Pazks & A. Recreation Department, a full time computer applications administrator was hired in .,.,~ 2007. This position takes care of softwaze systems used by parks and recreation and not supported by the IS department such as our WebSite, Electronic Tee Times (which increased revenue at the golf course in 2007), RecTrac (program registration module), and will be implementing in 2008 our WebTrac web based program registration which is expected to increase program registrations in 2008 and increase revenue. This position was directed to be paid $17;980 more annually for a fair compensation by the IT committee than had been previously budgeted. Increased cleaning at the ARC: Due to increased numbers of usage at the ARC, and due to the fact that we must push back the hours of our personnel cleaning locker rooms so as to now inconvenience the patrons, we were required by HR to place one additional cleaning person on staff after hours for safety and liability concerns. This amounted to $19,000 in additional hotus necessary to maintain the cleaning services and not impact or shut down locker rooms for cleaning. Increases in pay to staff This increase is due to several pay increases within the department to current staff and for the need to retain good employees. Part time employees such as guest services employees, lifeguards, and cleaning personnel were leaving due to the ability to earn higher wages with other employers in town. We increased pay by $1.00/hr. for each of our part time employees in order to maintain good employees and retain a well trained staff. ..., ATTACHMENT E MEMORANDUM TO: Mayor and Council FROM: Nancy Lesley, Director of Special Events and Marketing Loren Ryerson, Aspen Police Chief THRU: Jeff Woods, Manager, Parks and Recreation Steve Barwick, City Manager DATE: January 23, 2007 RE: New Year's Eve To fo!Icw-up our memorandum dated December 14, 2006, regarding New Year's Eve safety enhancements, Staff created and implemented some New Year's Eve activities in Wagner Park to mitiga~e issues on the corner of Cooper Avenue and Galena Street. Staff feels this was an extremely successful event. The number of arrests by police officers was down by more than half (from 36 to 15). The most obvious success was on the corner of Cooper and Galena itself, as security staff were the only ones congregating on that corner. By having activities in Wagner Park (bonfire, deejay, and ground fireworks), the crowd was dispersed in such a way that the security and police officers could move into the crowd freely and at will. This `~~' enabled positive interaction between the crowd and the police. In the past, the crowd at Cooper and Galena was so tightly packed that the officers could only walk along the periphery of the gathering. Working closely with RFTA and dispersing the busses all along Durant, providing signage that was taller than the crowd, utilizing security and bullhorns, all contributed to enabling the members of the crowd to reach their correct bus in a manner more efficient and friendlier than previous years. The hiring of security staff contributed greatly to the success of that night. Each security member, as well as the APD, wore brightly-colored vests that were easily identifiable in the crowd. This created a sense that both Wagner Park and the Mall were very safe places to enjoy the evening. In addition to the events downtown, the ARC sponsored a successful program as well. The ARC provided drop-off child care and a variety of activities for 130 people. Recreation staff would like to expand this programming, as well as provide even more fun activities scheduled at times favorable to families and children. Staff recommends that City Council direct staff to build on these New Year's Eve successes, both downtown and at the ARC, and to plan for an expanded program for next year. Providing fun, safe and alcohol-free alternatives for families, underage guests, and other members of our community would be the goal of this effort. ,,, '~' Budgeting for next year is expected to be completed in time for Review during the 2007 Supplemental processes. V111~ MEMORANDUM TO: Mayor Ireland and City Council ~~,/~~ THRU: Chris Bendon, Community Development Director (~V/rY- FROM: Amy Guthrie, Historic Preservation Officer RE: Code Amendment, Municipal Code Section 26.415, Development Involving The Aspen Inventory Of Historic Landmark Sites and Structures or Development In An "H," Historic Overlay District. Second Reading of Ordinance No.48, Series of 2007, Public Hearing DATE: November 12, 2007 BACKGROUND: On September 10, 2007, City Council directed Community Development Staff to bring forward amendments to Ordinance No. 30, Series of 2007. Ordinance No. 30 was adopted in July and addresses the identification and protection of potential historic resources. On October 9, 2007, Ordinance No. 45 was adopted by City Council upon first reading. Staff indicated that numerous changes would likely occur to the ordinance in response to Council direction and in response to suggestions made by citizens. Staff indicated that the amendments would be reviewed with Council at second reading. Upon consideration of the changes, the City Attorney determined that they were significant enough in scope to require "starting over" with first reading and publishing of the proposed ordinance. Staff therefore withdrew Ordinance No. 45; replaced by Ordinance No. 48, Series of 2007. Said Ordinance was approved on First Reading and is now before Council for adoption. °`OPTIONS:" The proposed ordinance contains alternatives that Council will need to discuss. Staff received direction from Council in some azeas at First Reading, and incorporated those decisions into the attached document. The most significant areas options that are unresolved relate to the determination of economic impact, and the extent to which City Council will pay the costs of representation for an owner who objects to the processing of a designation application on their property. SUMMARY: The proposed amendments entail narrowing the applicability of the Ordinance from all properties over 30 years of age to a specific list researched by staff. The City is not to LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 add any more sites to the list (unless initiated by the property owner) for a period of 10 years. Other changes requested by Council include the requirement that designation without owner consent needs a "super-majority vote" in order to establish a recommendation of approval by HPC and final determination of approval by City Council. Council expressed willingness to formally consider the possibility that designation would create an economic hardship for the property owner. HPC supported the concept of super-majority as part of their own review process, but were informed the City Attorney's Office has recently determined that asuper-majority requirement at City Council conflicts with the Charter and will not be possible without a public vote. As a result, that concept has been struck from the code amendment. HPC was in favor of the idea of limiting the applicability of Ordinance 30 to a list, and were very eager to see new incentives and other program improvements that create a more proactive, positive atmosphere around the preservation program. This Ordinance establishes a process by which HPC will have the opportunity to review, and possibly reduce, the list of properties affected by proposed new preservation regulations. With regard to the evaluation of the economic impact of historic designation, HPC did not want to include this in their review criteria, believing it to be an issue for City Council. This is reflected in the Ordinance. P&Z also supported the code amendments, with similar concerns about the importance of incentives and a clear and fair process. The code amendments have moved forward as quickly as is reasonable. HPC discussed this matter on September 26`h and P&Z on October 2nd. Staff is seeking Council's support for the proposed code amendments. REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there must be a public hearing and recommendation from the Planning and Zoning Commission, and a public hearing and affirmative vote by City Council. The review criteria for code amendments are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 SUMMARY OF PROPOSED CODE AMENDMENTS: Following is a summary of the proposed amendments, organized by code section. The attached ordinance contains the actual text being proposed. Section 26.415.020, Definitions Staff comment: This section has been amended to clarify un-defined terms used in the Ordinance. 26.415.025 Identi£cation of Potential Historic Resources Staff comment: This section has been given a new number in order to locate it in amore logical position within the historic preservation ordinance. The preservation ordinance was intended to read in a manner that progresses through a discussion of the City's goals, criteria for the designation of historic properties, effects of designation, benefits, and penalties for unapproved work. A. Purpose Staff comment: This section describes the intent of the Identification of Potential Historic Resources Section. B. List of Potential Historic Resources. Staff comment: This section defines the term List of Potential Historic Resources which has been referred to as the "List." In previous incarnations of the regulations, "Exhibit A" was used to identify the List. C. Amendments to the List of Potential Historic Resources. Staff comment: This section has been re-written to state that no properties will be added to the List of Potential Historic Resources for ] 0 years, unless the owner of a property which has not been included volunteers for designation. The list will be updated from time to time as properties are removed either because they are determined to lack historic significance, are destroyed by an Act of God, or are designated. D. Applicability and Exemptions: Staff comment: This section has been amended to be more flexible about the type of work that can be undertaken on a listed property without delaying building permits or triggering designation review. Furthermore, it has been clarified that emergency repairs consistent with the International Building Code will be allowed to proceed. E. Procedure to Remove a Property from the List of Potential Historic Resources or to Pursue Designation. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 Staff comment: This section states that the City will not take action to initiate designation of any property on the List of Potential Historic Resources until the owner asks to "call the question." They may do so at any time, regardless of whether or not any development is planned. The review begins with an in-depth evaluation by the Community Development Director, as was the case with Ordinance #30, Series of 2007. At Council's request, staff has removed the previously existing language which stated that a building would be assumed to be at least 30 years old if no documentation to the contrary could be located. Please note that at the end of the Ordinance, a new section has been added; Section 7, which raises the possibility that HPC would be empowered to make the determination as to whether or not any properties should be removed from the List of Potential Historic Resources in the short term. This topic will be discussed later in the memo. 1. Staff comment: This section is amended in order to be more clear and use language consistent with the rest of the preservation ordinance, It addresses the process by which the Community Development Director will make an initial determination as to whether or not a property should remain on the List of Potential Historic Resources. In addition it clazifies that, if the Community Development Director determines a property is not significant, HPC and Council will be afforded an opportunity to object and keep the site on the List. The decision to drop the property will be valid for 10 years, rather than 5 years, as written in Ordinance #30. 2. Staff comment: If the Community Development Director determines that a property should be reviewed for designation, this section does not require the process move directly into a designation heazing. This is a significant change from Ordinance 30 which required the Community Development Director to pursue designation immediately upon a finding that the property appeared to be significant. The new language in this section gives the property owner control over the timeframe for when designation review will proceed. A designation application will not be initiated until the owner provides a written request to do so. F. Procedure to Confirm a Property is not Included on the List of Potential Historic Resources. Staff comment: This section provides a process for properly owners who are not on the "List" to confirm such with a letter from the Community Development Department. G. Procedure to Pursue Designation Staff comment: This section describes the process by which a property owner who is on the "List" can request initiation of the designation process. Significant in this section is the required "authorization" from the property owner. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 H. Penalties. Staff comment: New language is added in this section to clarify that not only are there penalties for unapproved work on properties on the List of Potential Historic Resources, but the property owner is also prohibited from undertaking "Demolition by Neglect." There are certain kinds of work that will be allowed to proceed on these properties (see Section 26.415.025.A) and, so long as the work is completed in conformance with approvals, the penalties mentioned in this section will not be applied. 26.415.030 Designation of historic properties. Staff comment: No amendments are proposed here. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. Staff comment: No amendments are proposed here. B. Criteria. Staff comment: No amendments are proposed here. 1. Staff comment: No amendments are proposed here. 2. Staff comment: It is proposed that a property that is associated with the 20`h century must meet two, rather than one of the three existing designation criteria. This is intended to raise the standards for designation of younger buildings. 3. Staff comment: This section is amended to make the resolution of economic impacts a designation criteria, in those cases when the property owner requests Council address the issue. This is done to clarify that, while in some cases Council may find that a property has historic significance, if the economic impacts cannot be satisfactorily mitigated, the property will not be designated. This is an Option for Council to consider 4. Staff comment: No amendments are proposed here. 5. Staff comment: At Council's request, staff has removed the previously existing language which stated that a building would be assumed w be at least 30 years old if no documentation to the contrary could be located. In addition to the records of the Building Department, other records, such as Assessor's Office information or bona fide documents submitted by the property owner will be used in determining the age of a property. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5 6. Staff comment: In the past, HPC has developed and adopted the context papers, scoring sheets, and other designation tools. City Council has been asked to informally endorse the documents. This section is amended to require Council review this information at a public hearing. At a future date, Community Development intends to amend Council's "Powers and Duties," to state that Council, as well as HPC, must formally adopt all documents used in the process of making designation decisions. C. Authority Staff comment: This is a new section which describes "who can do what." Most sections of the Land Use Code include an authority section. Notable is the lack of authority for Council or HPC to initiate designation. This is a substantial change from the previous code. Community Development may only initiate designation if the property owner has provided "authorization." D. Application. Staff comment: No amendments aze proposed here. 1. Staff comment: An application for designation must now include a letter from the property owner indicating authorization to proceed and indicating their consent to or objection to the designation. 2. Staff comment: No amendments are proposed here. 3. Staff comment: No amendments are proposed here. 4. Staff comment: No amendments aze proposed here. 5. Staff comment: No amendments aze proposed here. 6. Staff comment: This section is references the Economic Impact Section. The decision on which option to pursue for economic impacts may effect this section. E. Review, public hearings and notice. Staff comment: Previous language about a broad database of construction dates for all properties in the City has been struck. This is unnecessary since this ordinance limits the matter of Potential Historic Resources to a defined list. 1. Staff comment: New language is added emphasizing that Community Development will work with the needs of the property owner in scheduling all designation hearings. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6 2. Staff comment: This section now includes a mailing of the complete application to the property owner if the designation application is developed by the City. 3. Staff comment: Ordinance #30 proposed that the City provide the affected property owner notice of designation heazings 30 days, rather than the standard 15 days before heazings. This has been struck in order to be consistent with the other land use review processes. In addition, the code is being substantially re-written to allow the property owner to participate in the scheduling of all hearings, making lengthier notice periods unnecessary. 4. Staff comment: This new section now describes the process for staff making a recommendation. The language has been in the code, but not as a stand alone section. 5. Staff comment: This section states that, in order to recommend approval of a designation application, a majority, plus one of the members present at the HPC hearing must vote "yes." This is the "super-majority concept." Any less "yes" votes shall be considered a recommendation of denial. Historically HPC's recommendation has been forwazded to City Council. Council directed that a recommendation of no from HPC, when designation is without owner's consent, will terminate the landmark review. 6. Staff comment: When a property proceeds to City Council for landmark review, this section is amended to clarify that public comment is not limited to testimony as to whether or not the property meets the designation criteria. 7. Staff comment: If City Council fails to designate a property, it cannot be reconsidered for a period of 10 yeazs, rather than 5 years, or until the List of Potential Historic Resources is revised, whichever comes later. 8. Staff comment: This section has been developed to create a process for review of Economic Impact. The three Options in this azea provide for a range of considering "Economic Hardship" or "Economic Impact." Option 1 requires Council to consider if a "taking" will occur upon designation. The standard relies on the interpretation of the Courts for "takings." Options 2 and 3 represent two options for considering any impact short of a taking. Under Option 2, Council is required to take the impacts into account and provide mitigation that they deem to be reasonable. Under Option 3, Council must offset the full value of the documented economic impact. In all options, it is up to the property owner to choose whether or not to present economic information. Option 2 and 3 rely upon the formation, powers and duties of an Economic Impact Review Panel. Council may choose whether or not to compensate the members of this panel. Staff has concerns over the viability of finding volunteers to take on this time consuming role. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 7 Options 2 and 3 also suggest an agreement between the City and the property owner be developed that addresses the potential failure to achieve certain entitlements assumed in the economic impact determination. In any case, the property owner could stall the designation proceedings to pursue and secure benefits. An issue raised by Citizen's Group is the notion that Council should reimburse a property owner for the costs of an Economic Impact Review application, whether or not the property is designated. There is an option included in Section 8 of the Ordinance. Staff seeks Council direction on this idea. Sections 5-10 of Ordinance No. 48. Series of 2007 Staff has added several sections that propose additional commitments related to the operation of the proposed Ordinance. Many of these are highlighted as Options for Council to consider. 5. All property owners on the List of Potential Historic Resources will be sent a copy of the Ordinance by registered mail, within 10 days of adoption. 6. Certificates of "No Historic Significance" issued through Ordinance #30, Series of 2007 will still be valid but may be "updated" to the 10-year certificates contemplated in this ordinance. 7. The Citizen's Group has suggested that HPC review the List of Potential Historic Resources and be allowed to remove properties. The City Attorney's Office has proposed additional language in this section. 8. The Citizen's Group has suggested the costs to a property owner going through the designation process should be reimbursed by the City. In addition, the City may have to bear some of the costs of research prepared for the Economic Impact Panel. Policy language is proposed. Council may want to discuss any limitations on expenses. 9. This section contemplates the establishment of a policy task force to make further improvements to the historic preservation program. 10. This section addresses the availability of various documents and commits to including these documents on the web as soon as practical. Amendments to the List of Potential Historic Resources Staff previously identified two errors on the List of Potential Historic Resources. Within the legal description of the individual lots that comprise the Aspen Alps, staff inadvertently included an adjacent condominium; Ajax Condos. The parcel has been removed from the list attached to this Ordinance. In addition, the street address for the Yellow Brick school was listed as 215 S. Garmisch instead of 215 N. Garmisch. The correction has been made. This is a City owned property. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 8 STAFF RECOMMENDATION: Staff finds that the proposed amendment to the Municipal Code complies with the applicable review criteria and should be approved. RECOMMENDED MOTION: "I move to adopt Ordinance No.48, Series of 2007. Attachments: Ordinance No. 48, Series of 2007 Exhibit A: Amendments to the Land Use Code -Staff Findings Exhibit B: October 16, 2007, letter from David Myler regarding the Holland House. Exhibit C: October 15, 2007, letter from Wan•en Klug regarding Aspen Square. Exhibit D: October 16, 2007, letter from Christopher Heaphey regarding the Hotel Jerome and Cortina Lodge. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 9 EXHIBIT A Amendments to the Land Use Code Section 26 310.040 -Standards for Review of an Amendment to the Text of Title 26.• In reviewing an amendment to the text of this Title or an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: Whether the proposed amendment is in conflict with any applicable portions of this Title. STAFF FINDING: Does it Comply? YES Staff is unawaze of any conflicting portions of the Title. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. STAFF FINDING: Does it Comply? YES Staff finds that the amendment supports the Historic Preservation element of the AACP, which includes the goals of making improvements to the historic preservation process and protecting all buildings of historic significance. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: DOGS It COmply? YES The code amendments have no direct affect on land uses. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: Does it Comply? YES The code amendments have no effect on traffic generation and road safety. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: DOGS i3 Comply? YES There will be no additional affect on infrastructure as a result of this code amendment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 10 STAFF FINDING: DOGS It Comply? YES This code amendment has no direct impacts on the natural environment, however, preservation can have less negative effect on the natural environment than new construction. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: Does it Comply? YES Aspen's physical character is in great part defined by the community's historic resources. Ensuring that Aspen has an effective historic preservation process will allow us to be more successful in protecting this chazacter, which is vitally important to the economy and livability of town. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: DOeS It Comply? NOT APPLICABLE Historic Preservation is an increasingly difficult task in Aspen because of high property values. Demolition of properties before they have been properly evaluated for historic significance is an on-going risk. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. STAFF FINDING: Does it Comply? YES Staff finds that the proposed amendment will not be in conflict with the public interest and, in fact, will help to protect the public interest by preserving historic structures for everyone to enjoy. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 11 ORDINANCE N0.48 (Series of 200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT. WHEREAS, in light of the on-going demolition of buildings, structures or objects that may have historical significance for the City of Aspen, the City Council adopted an Emergency Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title 26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H" Historic Overlay District and established a new process for the identification and protection of potential historic resources. The Ordinance was adopted to address the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique architectural character, livability and attractiveness as a destination; and WHEREAS, City Council subsequently directed the Community Development De- partment to prepazefurtheramendments tothe historic preservation ordinance, including limit- ing the protection of potential historic resources to a list of properties which aze at least 30 years old and which, in staff's opinion are associated with architectural styles and historical trends which represent Aspen's first one hundred years of history, most pazticulazly Aspen's development since World War II. Said list is attached to this Ordinance as "Exhibit A;" and WHEREAS, the Community Development Director recommends approval of the pro- posed additions and amendments to Section 26.415 of the Municipal Code, as described herein; and, WHEREAS, the Planning and Zoning Commission held a public hearing to con- siderthe proposed amendments to the above noted Chapter and Section on October 2, 2007, took and considered public testimony and the recommendation of the Community Devel- opment Director and recommended, by a 3-1 vote, City Council adopt the proposed amendments to the land use code by amending the text of the above note Chapters and Sec- tions of the Land Use Code, as described herein. WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Ordinance #48, Series 2007 Page 1 of 23 Second Reading Amendments -11.12.07 Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de- letes in its entirety Section 26.415.035, Designation ofHistoric Properties. (Note to codifier -this Section has been amended and recodified as Section 26.415.025.) Section 2: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby amends Chapter 26.415 by amending Section 26.415.020, Definitions, to add the following: Designation. The act of reviewing properties for inclusion on the the Aspen Inventory of Historic Landmark Sites and Structures. Determination of No Historic Significance. A document which verifies that a property once included on the List of Potential Historic Resources has formally been removed. Determination of Potential Historic Significance. A document which verifies a property that is included on the List of Potential Historic Resources has been reviewed in greater de- tail by the Community Development Department, and has been determined to have suffi- cient historic value to remain on the List. Economic Impact Report. The written conclusion reached by a panel established by the City Council to review the economic impact of designation on a specific property. Section 3: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic Resources, which section describes the process and criteria for the Identification of Potential Historic Resources to read as follows: 26.415.025 Potential Historic Resources A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re- sources (alternatively, the "List") is to prevent the loss of buildings, sites, structures or objects, or collections of buildings, sites, structures or objects that may have historical, architectural, archaeological, engineering and cultural importance, and to limit the detrimental effect of de- velopment ordemolition ofthese potential resources on the character of the town. Preserving and protecting historic resources promotes the public welfare by making Aspen a more attrac- tive and desirable place in which to live, work, or visit. B. List of Potential Historic Resources. There is hereby identified a List of Potential His- toric Resources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007, shall constitute this List. This List maybe amended from time to time as described in Section 26.415.025.0, Amendments to the List of Potential Historic Resources. The List shall be the comprehensive summazy of all properties identified as having potential historic value to the City of Aspen. The List shall be maintained and made available to the general public by the Community Development Department. C. Amendments to the List of Potential Historic Resources. The List of Potential Re- sources is not a static document and shall be amended by deletion of properties from time to Ordinance #48, Series 2007 Page 2 of 23 Second Reading Amendments - 11.12.07 time by the Community Development Director as properties are either approved or denied des- ignationpursuant to the procedures and limitations of this Chapter. No properties, including properties removed from the List pursuant to the procedures and limitations of Section 26.415.025.E ,shall be added to the List of Potential Historic Resources by the City of Aspen for a period of ten (10) yeazs from the date of adoption of Ordinance No. 48, Series of 2007. Staff of the Community Development Department shall propose additions, if any, to the List of Potential Historic Resources in advance of the expiration of the ten (10) year anniversary and, after receiving a recommendation from HPC, City Council may, pursuant to an Ordinance adopted at a public hearing, adopt revisions to the List with a delayed effective date commen- surate with the ten (10) year timeframe for the purpose of insuring continuous effect of the limitations of this Chapter. In no case shall additions to the List become effective prior to the ten (10) year anniversary of the adoption of Ordinance #48, Series of 2007. Primary struc- ture(s) onany property identified on the List of Potential Historic Resources which have been destroyed by an act of God or aze otherwise declared unsafe and ordered demolished by the Chief Building Official, shall be removed from the List. D. Applicability and Exemptions. For those properties identified on the List of Potential Historic Resources, as amended pursuant to Section 26.415.025.0, no alterations, no land use applications, and no building permit applications shall be undertaken by the property owner or accepted by the Community Development Department unless removed from the List of Poten- tial Historic Resources, pursuant to Section 26.415.025.E. Exempt from this restriction shall be alterations, land use applications, and building permits limited to interior remodeling, paint color selection, exterior repainting or replastering similaz to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re- pair ofwindow glazing. The Community Development Director may exempt other such exte- rior alterations which are determined by the Community Development Director to be mini- mallyintrusive orreversible work that does not diminish the historic character ofthe property. Alterations, land use applications, and building permit applications which exclusively impact the interior of a building shall be exempt from this Section. Work undertaken in conformance with the International Building Code provisions for emergency repairs, assuming that the re- pairmatches the surrounding exterior materials and chazacter to the extent practicable, shall be exempt from this Section. E. Procedure to Remove a Property from the List of Potential Historic Resources. Tc request the removal of a property from the List of Potential Historic Resources, a property owner shall submit a preliminary determination application to the Community Development Department. This request may be made by the property owner at any time, even if no devel- opment iscurrently proposed. The Community Development Director shall review the subject property and make a preliminary determination as to whether the property should be consid- ered for designation on the Aspen Inventory of Historic Landmark Sites and Structures, (the "Inventory.") The determination by the Community Development Director shall be based on the criteria stated in Section 26.415.030.B and must be concluded within thirty (30) days after a complete application is received from the property owner. The property owner shall be af- forded an opportunity to review the information being considered by the Community Devel- opment Director. The application for preliminary determination shall include the property ad- Ordinance #48, Series 2007 Page 3 of 23 Second Reading Amendments -11.12.07 dress, the owner's name, address and telephone number, a site plan or survey, photographs of all buildings on the property and their dates of construction. 1. If, using the designation criteria of Section 26.415.030.B, the Community De- velopment Director determines that there is insufficient evidence to believe that the property should be considered for designation on the Inventory, or the Community Development Director fails to make a determination within thirty (30) days of the submission of a complete application for such a determination, the Community Devel- opment Director shall issue a written Determination ofNo Historic Significance to the Historic Preservation Commission and the City Council. The Historic Preservation Commission and City Council shall be provided with a copy of the Community Development Director's determination, along with photograph(s) of the property and shall have 7 days to object. If neither the majority of the members of HPC, nor the majority of the members of City Council make a written objection, the Community Development Director's written Determination of No Historic Signifi- cance shall be issued, recorded with the Pitkin County Clerk and Recorder, and shall exempt the property from the procedures and limitations of this Chapter for a period of ten (10) years from the date of issuance. A copy of the Determination shall be provided to the property owner. The Community Development Director shall remove the subject property from the List of Potential His- toric Resources. The Community Development Director, the Historic Preservation Commission, or City Council may not subsequently add the subject property to the List of Potential Historic Resources, for the effective period, and may not file an appli- cation for designation of the subject property or district on the Aspen Inventory of His- toric Landmark, Sites and Structures during that period. If a majority of the members of HPC or a majority of the members of City Council do make a written objection, the property shall remain on the List of Potential Historic Resources and there shall continue to be a prohibition on any alteration, land use ap- plication orbuilding permit application affecting the subject property as described in Section 26.415.025.D. The owner shall be notified of the written objection by regis- teredmail sent within 5 days. An owner ofthe subject property aggrieved by the His- toric Preservation Commission's objection may appeal the decision to the City Council pursuant to Chapter 26.316, Appeals, or pursue designation pursuant to Section 26.415.025.6. An owner of the subj ect property aggrieved by the City Council's ob- jectionmay appeal the decision to a court with competent jurisdiction or pursue desig- nation pursuant to Section 26.415.025.6. 2. If, using the designation criteria of Section 26.415.030.B, the Community De- velopmentDirector determines there is sufficient evidence to believe that the property should be considered for designation on the Inventory, then the Community Develop- ment Director shall issue a written Determination of Potential Historic Significance. The subject property shall remain on the List of Potential Historic Resources and there shall continue to be a prohibition on any alteration, land use application or building Ordinance #48, Series 2007 Page 4 of 23 Second Reading Amendments -11.12.07 permit application affecting the subject property as described in Section 26.415.025.D. An owner of the subject property aggrieved by the Community Development Direc- tor's determination may appeal the decision to the City Council pursuant to Chapter 26.316, Appeals, or pursue designation pursuant to Section 26.415.025.6. An owner of the subject property who consents to pursue designation may concurrently submit any proposed redevelopment plans to be reviewed according to Chapter 26.415. F. Procedure to Confirm a Property is not Included on the List of Potential Historic Resources. To request the confirmation that a property is not included on the List of Poten- tial Historic Resources, a property owner may submit a request to the Community Develop- ment Department. The request shall include the name and address of the property owner and any authorized agent acting on behalf of the owner. The confirmation letter shall indicate whether the subject property is on the List of Potential Historic Resources, shall include a cur- rent copy of the List of Potential Historic Resources, and shall include a description of the manner in which the List maybe amended including the next timeframe when properties may be added to the List. The letter shall be in a recordable format and shall exempt the property from the procedures and limitations of this Chapter for a period often (10) years or until the List of Potential Historic resources is eligible for amendment, as described in Section 26.415.025.0, whichever is sooner. Confirmation requests maybe assessed an administrative review fee. An owner of the subject property aggrieved by the Community Development Di- rector'sdetermination may appeal the decision to the City Council pursuant to Chapter 26.316, Appeals. G. Procedure to Pursue Designation. An owner of a property identified on the List of Potential Historic Resources may request the Community Development Director initiate an application for designation pursuant to Section 26.415.030, Designation of Historic Properties. The owner shall retain the right to object to designation of the property at the time of applica- tion or at any point during the review. Prior to the Community Development Director being authorized to initiate an application, the following conditions shall exist: 1. The Director shall have first issued a Determination of Potential Historic Signifi- cance, as described in Section 26.415.025.E, and any appeals therefrom shall have concluded. 2. The property owner has submitted a written request to proceed with designation re- view. Prior to submitting such a letter, the property owner may, but is not required to, meet with staff of the Community Development Department to review criteria, an- ticipated timeframes for review (see note), benefits, the procedures and protocol for an Economic Impact Report, and any other relevant issues. The letter to proceed shall indicate the property owner's consent to or, objection to designation. Notwith- standing the above, the property owner shall retain the right to object to designation at any point during the review. 3. Unless otherwise waived by the property owner, all contents of the designation appli- cation and the staff memo prepazed for the first meeting with the Historic Preserva- tion Commission shall be sent to the property owner by registered mail at least thirty (30) days before the date of the public hearing before the Historic Preservation Ordinance #48, Series 2007 Page 5 of 23 Second Reading Amendments -11.12.07 Commission. Subsequent memos will also be provided to the property owner in a timely fashion, no later than they are provided to the HPC or Council. 4. The criteria and procedures for designation shall be pursuant to Section 26.415.030. Note: The Municipal Code establishes deadlines for City agencies to take action. The Community Development Department will work with the property owner to establish a mutually acceptable anticipated schedule, agreed upon in advance in writing, so that the property owner can predict and control the pace of review as much as practical. However, there are circumstances that affect schedules that may not be predicted. The City shall diligently pursue timely scheduling of hearing dates and completion of the review taking the property owner's convenience, availability, and requests for preparation time into ac- count. H. Penalties. Any owner who takes action to alter or demolish a property identified on the List of Potential Historic Resources, including purposeful removal, change or damage to any exterior materials, features, portions of a building, or structural members of a building shall be subject to the penalties established in Section 26.415.140, Penalties. The Community Development Department must demonstrate to City Council, using date stamped photographs, that the exterior of the building has been altered after the adoption date of this ordinance in order to apply penalties. In addition, properties on the List of Potential Historic Resources are required to receive rea- sonablecare, maintenance and upkeep as described in Section 26.415.100, Demolition by Ne- glect. Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac- cording to a Development Order or Building Permit issued by the Community Development Department, as may be required, shall not be subject to penalties. Section 4• Pursuant to Section 26.310 of the Municipal Code, the City Council hereby amends 26.415.030, Designation of Historic Properties, which section describes the process and crite- riathrough which the city designates properties of historical, azchitectural, archaeological, en- gineering and cultural importance, to read as follows: 26.415.030 Designation of Historic Properties. The designation of properties to an official list, that is known as the Aspen Inventory of His- toric Landmark Sites and Structures which is maintained by the City of Aspen, is intended to provide a systematic public process to determine what buildings, areas and features of the his- toric built environment are of value to the community. Designation provides a means of de- cidingand communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures. Ordinance #48, Series 2007 Page 6 of 23 Second Reading Amendments -11.12.07 The Aspen Inventory of Historic Landmazks Sites and Structures has been established by City Council to formally recognize those districts, buildings, structures, sites and objects located in Aspen that have special significance to the United States, Colorado or Aspen history, azchitec- ture, azchaeology, engineering or culture. The location of properties listed on the Inventory shall be indicated on maps on file in the Community Development Department. B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure, or object or a collection of build- ings,sites, structures or objects must have a demonstrated quality of significance. The signifi- cance ofproperties shall be evaluated according to the following criteria. When designating a historic district, the majority of the contributing resources in the district must meet the criteria described below: A property or district is deemed significant for its antiquity, in that it is: a. In whole or in part more than one hundred (100) years old, and b. It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age; or, 2. A property or district is deemed significant as a representation of Aspen's 20`h century history, was constructed in whole or in part more than thirty (30) years prior to the year in which the application for designation is being made, pos- sesses sufficient integrity of location, setting, design, materials, workmanship, and association; and is related to two or more of the following: a. An event, pattern or trend that has made a significant contribution to local, state, regional or national history; or b. People whose specific contribution to local, state, regional or national his- tory is deemed important and the specific contribution is identified and documented; or, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, crafrsman or design philosophy that is deemed important. 3. For City Council review, the following criterion must be met if the property owner has requested review of Economic Impact according to Section 26.415.030.E Economic Impact Report: a. City Council finds that the Economic Impact of designation is mitigated pursuant to the requirements of Section 26.415.030., Economic Impact. Ordinance #48, Series 2007 Page 7 of 23 Second Reading Amendments -11.12.07 4. A property that was constructed less than thirty (30) years prior to the year in which the application for designation is being made may be considered under subsection 2, above, if the application has been filed by the owner of the prop- erty at the time of designation or, when designating a historic district, the major- ity ofthe contributing resources in the district meet the thirty (30) year age crite- rion described above. 5. The construction date of a property shall be established by the date of issuance of the earliest documentation for the subject structure found in the records of the City of Aspen Community Development Department, Pitkin County Assessor's Office or bona fide records submitted by the Property Owner. 6. The Historic Preservation Commission shall adopt, maintain, and make available to the public guidelines, score sheets, and other devices used by the Community Development Department, HPC, and Council to apply the criteria set forth in this Chapter to properties potentially eligible for inclusion on the Inventory. City Council shall review and ratify these documents at a public hearing prior to their official use. C. Authority. The property owner(s), the Community Development Director, the Historic Preservation Commission (HPC) or the City Council may file an application for designation of a historic district to the Aspen Inventory of Historic Landmark Sites and Structures. The property owner(s) or the Community Development Director, pursuant to Section 26.415.025.6, may file an application for designation of a property, site, building, structure, or object which is identified on the List of Potentially Historic Resources to the Aspen Inventory of Historic Landmark Sites and Structures. Properties not identified on the List of Potential Historic Resources may only be considered for designation if the owner of the subject property makes the application. The Community Development Director, in accordance with the procedures, standards, and limitations ofthis Chapter and ofthis Title, shall recommend approval, approval with condi- tions, or denial of an application for designation. The Historic Preservation Commission upon a recommendation from the Community Devel- opmentDirector, in accordance with the procedures, standards, and limitations of this Chapter and ofthis Title, shall recommend approval, approval with conditions, recommend denial, or deny an application for designation. The City Council upon a recommendation from the Community Development Director and the Historic Preservation Commission, in accordance with the procedures, standards, and limita- tions ofthis Chapter and ofthis Title, shall approve, approve with conditions, or deny an ap- plication for designation. Ordinance #48, Series 2007 Page 8 of 23 Second Reading Amendments -11.12.07 D. Application. The application for the designation of a district, property, site, building, structure, or object shall include the following: The applicable information required in section 26.304.030(B)(1),(2),(3)and (4). Ap- plications submitted by the Community Development Director for a property, site, building, structure, or object, pursuant to Section 26.415.025.E shall include a letter from the property owner authorizing such application and indicating the property owner's consent to or, objection to designation. Notwithstanding the above, the prop- ertyowner shall retain the right to object to designation at any point during the review. 2. Site or historic district boundary map. 3. Property or district description including narrative text, photographs and/or other graphic materials that document its physical characteristics. 4. Written description of how the property meets the criteria for designation. 5. Identification of the character-defining features that distinguish the entity which should be preserved. 6. Subsequent to completion of the Historic Preservation Commission's review of a des- ignation or during City Council's review of a designation, a property owner may choose to supplement the application with an Economic Impact Report as described in Section 26.415.030. E. Review, public hearings and notice. 1. Scheduling. The City shall diligently pursue timely scheduling ofheazing dates and completion of the review taking the property owner's convenience, availability, and requests for preparation time into account. The Municipal Code establishes dead- linesfor City agencies to take action. The Community Development Department will work with the property owner to establish a mutually acceptable anticipated schedule, agreed upon in advance in writing, and adjusted as needed during the process, so that the property owner can predict and control the pace of review as much as practical. However, there are circumstances that affect schedules that may not be predicted. 2. Application Submission Review and Recommendation. An application for des- ignation on the Aspen Inventory of Historic Landmark Sites and Structures shall be submitted to the Community Development Director to determine if the application is complete. If the application has been prepared by the Community Development De- partment all contents of the designation application shall be provided to the property owner by registered mail upon completion of the application. 3. Notice. A date for a public hearing on a complete application shall be scheduled before the HPC. Notice of the hearing shall be provided according to the provisions of section 26.304.060.E.3. a, b, and c. Ordinance #48, Series 2007 Page 9 of 23 Second Reading Amendments - 11.12.07 Unless otherwise waived by the property owner, all contents of the designation appli- cationand the staff memo prepared for the first meeting with the Historic Preservation Commission shall be sent to the property owner by registered mail at least thirty (30) days before the public hearing takes place before the Historic Preservation Commis- sion. Subsequent memos and any supplemental information or documents will also be provided to the property owner in a timely fashion, no later than they are provided to the HPC or Council. Notice to the property owner shall be by registered mail. In the event that there is no evidence that the property owner received actual notice, the HPC may specify that ad- ditional measures be taken to ensure that the property owner is informed and has ade- quate preparation time. 4. Application Review by the Community Development Director. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter and of this Title, shall recommend approval, approval with conditions, or denial of an application for designation. 5. Review by the Historic Preservation Commission. The HPC shall evaluate the application to determine if a property or district meets the criteria for designation. At the public hearing the property owner, parties of interest, and citizens shall have an opportunity to provide information about the property or district's eligibility for desig- nation. For historic district designation applications and property designations in which the property owner consents to designation, the HPC may recommend approval, ap- proval with conditions, disapproval or may continue the application to request addi- tional information necessazy to make a decision. The recommendation shall be for- warded to City Council. If the owner of the subject property proposed for designation objects to designation at any point prior to the vote of the Historic Preservation Commission, a recommendation to approve designation must be supported by a vote of a majority, plus one, of the regulaz members of the HPC present and voting at the meeting. Any lessthan amajor- ityplus one in favor of designation shall be considered a denial and no further review by City Council shall occur. This voting requirement shall apply to individual prop- erty designations and shall not apply to historic district designation reviews. 6. City Council Review. Upon receipt of a recommendation from the Community Development Director and the Historic Preservation Commission, and an Economic Impact Report if one has been prepared, the City Council shall schedule a hearing on the application in accordance with the notice requirements for adopting an ordinance. Council shall evaluate the application to determine if the property or district meets the criteria for designation. At the public hearing the property owner, parties of interest and citizens shall have an opportunity to provide information about the property or dis- trict'seligibility for designation or other such information that maybe relevant to the decision. The Council may approve, approve with conditions, deny, or continue the Ordinance #48, Series 2007 Page 10 of 23 Second Reading Amendments - 11.12.07 application to request additional information necessary to make a decision. If at any point prior to a final vote by City Council the property owner decides to pursue an Economic Impact Report, the City Council shall table action and postpone the hearing for a sufficient time period as to permit the development of an Economic Impact Re- port, pursuant to Section 26.415.030.F. If requested by the property owner, the City Council shall table action and postpone the hearing for a time period not to exceed the limitations of Section 26.304.070.F, Abandonment of Application. 7. Denied Applications. If an application for designation is denied, the Community Development Director, HPC or City Council may not file a reapplication for designa- tion ofthe same Historic Resource, property, or district to the Aspen Inventory of His- toric Landmark, Sites and Structures or inclusion on the List of Potentially Historic Resources for ten (10) years from the date of the denial. The Community Develop- ment Director shall issue a Determination of No Historic Significance, recorded with the Pitkin County Clerk and Recorder's Office, exempting the property from the pro- cedures and limitation of this Chapter for a period often (10) yeazs from the date of denial. 8. Economic Hardship of Designation. ****Optionl. It is the policyoftheCity of Aspen to respect private property rights. The City recognizes that there may be some particular circumstances in which the operation of this Chapter, in particular des- ignation,could represent an economic hardship upon a property owner. It is the intent of this provision to insure no private property is taken without just compensation. If requested by an owner of a property being considered for designation, the City Council shall review evidence provided by a property owner with regazd to economic hardship. The standazd of review for determination of economic hardship shall be whether designation would result in a violation of the prohibitions of the U.S. and Colorado Constitutions against taking of private property for public use without just compensation as those prohibitions may be interpreted by the courts of Colorado and the United States. Notwithstanding the above, the property owner shall retain the right to pursue a "tak- ings" claim with a court of competent jurisdiction. F. Economic Impact Report **** Options 2 and 3 1. Purpose. It is the policy of the City of Aspen to respect private property rights. The city recognizes, therefore, that there may be some circumstances in which the op- eration ofthis Chapter, in particulaz designation, could represent an adverse economic impact upon the property owner. The intent of this provision is to insure the economic impact of designation of a property is documented and considered as part of the desig- nation process if so desired by a property owner. 2. Initiation of Economic Impact Report. The owner of a property, site, building, structure, or object subject to a designation application may request the development Ordinance #48, Series 2007 Page 11 of 23 Second Reading Amendments - 11.12.07 of an Economic Impact Report which shall be reviewed as part ofthe designation hear- ingbefore City Council. When an Economic Impact Report is requested, the Report shall be provided to City Council concurrent with the recommendations from the Community Development Director and the Historic Preservation Commission. If an Economic Impact Report is requested during the City Council designation, but prior to a final vote on the matter, the City Council shall table action and postpone the hearing for a sufficient time period as to permit the development of an Economic Impact Re- port. The City shall continue to work with the property owner to accomplish a timely completion of the review taking the property owner's convenience, availability, and requests for preparation time into account. 3. Economic Impact Examination Pane[. The City Council shall establish an Eco- nomic Impact Examination Panel to determine the economic impact of designation of properties. The Panel shall be comprised of three (3) persons with professional exper- tise in local real estate valuation, appraisals, mortgage banking, accounting, develop- ment, land planning, or similar professional expertise. Members of the panel shall be volunteers but may be financially compensated by the City as determined necessary by City Council and as may be amended from time to time. The Panel shall be provided with clerical or other professional assistance as needed, with such expenses to be borne by the City. The Panel's membership shall be determined by City Council for each application and the members of said panel shall be mutually acceptable to the property owner and to the staff of the Community Development Department and shall have no substantial business, financial, or familial relationship to the City, staff ofthe Community Devel- opment Department, or to the property owner other than as a Panel member such that an actual or apparent conflict of interest exists according to the City Attorney. The Panel shall review information provided by the property owner and by the Com- munity Development Department. Information may include, but not be limited to, a current (prior to designation) appraisal, zoning and developmental information, local, State, and Federal financial and technical assistance programs, development benefits that the property would be eligible for upon designation, an assessment of the devel- opment orredevelopment potential of the property, including the estimated costs and time associated therewith, and maps, plats, or pictures of the subject property. The Panel shall be able to request and be provided with additional information as may be necessary to make their determination, including site visits and physical inspections of the subject building(s), appraisals of similarly situated and regulated properties, and interviews of the property owner, or representatives thereof, staff of the Community Development Department, or of local professionals with particular expertise in prop- erty development or valuation. The property owner and staff of the Community De- velopment Department shall have the opportunity to refute or challenge any piece of information provided and offer additional information as may be necessary. All mate- rials, information or written challenges of the property owner's or staff s information Ordinance #48, Series 2007 Page 12 ot'23 Second Reading Amendments - 11.12.07 shall be provided to the other party who will be allowed adequate time and opportunity for rebuttal. 4. Economic Impact Report. Upon receipt of all necessary information to render a determination, the Panel shall have thirty (30) days to render their determination. The Panel shall provide their determination in the form of a written report documenting the information provided and the rational basis for the determination. If the Panel cannot reach a unanimous opinion, the report shall describe the opinions of the individual Panel members. The report must be signed by all panel members with their concur- rence that their opinion was properly represented. The report shall describe the eco- nomicimpact ofdesignation innet present value and may describe the impact in terms of a value range, depending on what benefits may or may not be approved. The report shall be addressed to and forwarded to City Council and copies shall be provided to the property owner and to the Community Development Department. At least one mem- ber ofthe Panel shall be available to present oral testimony to the City Council as may be requested by the Council. The property owner and staff of the Community Devel- opment Department shall retain the right to refute or challenge the Panel's findings during the public hearing before City Council. 5. City Council Determination of Economic Impact. As part ofthe public hearing for designation ofthe subject property, City Council shall determine the economic im- pact ofthe designation by using the Report provided by the Panel, any testimony pro- vided by members of the Panel, any additional information provided by the property owner or staff of the Community Development Department, and any other testimony or evidence provided by the public during the public hearing. The determination made by City Council shall be the final administrative action on the matter. Option 2• 6. Ciry Council Mitigation of Economic Impact. The matter of economic impact of designation of a property shall be reviewed and considered by the City Council during the public hearing for designation. The City Council shall determine if the economic impact is a disproportionate or unreasonable burden upon the property value. Upon such a finding and upon designation of the subject property, the City Council may take any action deemed necessary to mitigate an unreasonable economic impact upon the property value including, but not limited to, financial compensation or other mutually acceptable means of compensation including development benefits and incentives to the extent City Council has jurisdiction. The property owner and the City may enter into a mitigation agreement which may include subsequent additional mitigation to the property owner if certain development or entitlement assumptions of the Economic Impact Report are found to be unachievable, despite a good faith effort, after a speci- fiedtime period. The additional mitigation may include removal of the subject prop- erty from the Inventory of Historic Sites and Structures. If requested by the property owner, review of designation may be delayed until a site specific development plan en- titling the use of available preservation benefits is approved. Approval of said plan shall be conditioned on the listing of the property on the Aspen Inventory of Historic Landmark Sites and Structures. Ordinance #48, Series 2007 Page 13 of 23 Second Reading Amendments -11.12.07 Option 3: 6. City Council Mitigation of Economic Impact The matter of economic impact of designation of a property shall be reviewed and considered by the City Council dur- ing the public hearing for designation. Upon designation of the subject property, the City Council shall provide financial compensation, or other mutually acceptable means of compensation including development benefits and incentives to the extent City Council has jurisdiction, to the property owner approximately equal to the determined economic impact of the designation. The property owner and the City shall enter into a mitigation agreement which shall include subsequent additional mitigation to the prop- erty owner if certain development or entitlement assumptions of the Economic Impact Report aze found to be unachievable after a good faith effort and a time period of no more than ten (10) years. The additional mitigation may include removal of the sub- ject property from the Inventory of Historic Sites and Structures. If requested by the property owner, review of designation may be delayed until a site specific develop- mentplan proposing the use of available preservation benefits is reviewed. Approval of said plan shall be conditioned on the listing of the property on the Aspen Inventory of Historic Landmark Sites and Structures. Notwithstanding the above, the property owner shall retain the right to pursue a claim of a violation of the prohibitions of the U.S. and Colorado Constitutions against taking of private property for public use without just compensation as those prohibitions may be interpreted by the courts of Colorado and the United States. Section 5. Notice to Property Owners. All owners of properties identified on the List of Potentially Historic Resources, as provided in Exhibit A to this Ordinance, shall be mailed a copy ofthis Ordinance by registered mail, within 10 days of the final City Council approval ofthis Ordinance. Property owners may submit to the Community Development Department alternate addresses for this information to be mailed. (As opposed to or in addition to the address on file with the Pitkin County Assessor's Office.) Section 6. Effect on Existing Ordinance No. 30 Determinations. This Ordinance shall not affect any Determination of No Historic Significance approved by the Community Development Director pursuant to Ordinance No. 30, Series of 2007. These determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-yeaz period from their issuance date but shall not automatically become valid for a longer period. If property owners want to "update" their Determination ofNo Historic Significance to be valid for a ten year period, as permitted pursuant to this Ordinance, the property owner must request a new certificate, which will be granted without further review of the historic significance of the property, be issued pursuant to the process identified in this Ordinance. To expedite service, property owners who wish to update their 5-year certificate to a 10-yeaz certificate should provide a copy of their 5-yeaz certificate when applying. No fees shall be assessed for processing of these updated certificates. Section 7. Historic Preservation Commission Review of List. The List of Potential Historic Resources (the List), as appended to Ordinance No. 48, Series of 2007, shall be referred to the Historic Preservation Commission (the HPC) for additional analysis Ordinance #48, Series 2007 Page 14 of 23 Second Reading Amendments - 11.12.07 and consideration. The HPC may direct the Community Development Director to remove properties from the List, based upon their finding that there is no probably cause to believe that the criteria for landmark designation are met. If this is the HPC's conclusion, notification will be provided by mail to the individual property owners. This action by the HPC to direct the Community Development Director to remove a property from the List shall require adoption of a resolution by a simple majority. Asaequested by the HPC on any specific property, the HPC shall heaz and consider any input from the Community Development Department regazding the potential historic significance of the property, may visit the property and may consider any written material submitted by a property owner. However this is an administrative review of the determination of the Community Development Department. Although open to the public, this review shall not be deemed a public hearing and the HPC shall not take public comment during this review. The HPC's additional analysis and consideration shall not be considered prejudice upon any subsequent review of the property for Landmazk Designation or a Site Specific Development Plan. The HPC shall conclude their further analysis and consideration within ninety (90) days from the adoption of Ordinance No. 48, Series of 2007, or as otherwise extended by City Council motion. The HPC may elect not to undertake this review or to discontinue this review at any point. Section 8. Policy on Expert Assistance for Property Owners The City shall retain an expert consultant(s) to assist and/or represent property owners in designa- tion reviews in which the property owner does not consent to the designation. This service shall be available to property owners who request such assistance and shall be free of charge. This as- sistanceshall belimited toperforming reseazch onthe history of the property, performing inspec- tions of the property and documents associated therewith, preparing written and verbal presenta- tionsabout the property, and representing the property owner in conversations and/or presentations with the Community Development Department, the Economic Impact Examination Panel, the His- toric Preservation Commission, or the City Council. The property owner may decide to forego this assistance or augment this assistance by contracting with the expert consultant or another con- sultant of the owner's choosing. The consultant retained by the City shall have professional expertise in local real estate valua- tion, appraisals, mortgage banking, accounting, development, land planning, or similar profes- sional expertise. The consultant shall have no substantial business, financial, or familial rela- tionship to the City, staff of the Community Development Department, or to the property owner other than as an expert consultant such that an actual or apparent conflict of interest exists ac- cording tothe City Attorney. The consultant shall be financially compensated by the City on a contractual basis at a rate determined appropriate by City Council and as may be amended from time to time. The City shall pay for reports and analysis necessary for the Economic Impact Determination, including but not limited to appraisals of the subject property and other similazly situated prop- erties, up to a total cost not to exceed $ ,per property. The City Council may, from time to time, amend this policy or establish limits on the amount of costs that may be reimbursed or otherwise incurred by the City. Ordinance #48, Series 2007 Page 15 of 23 Second Reading Amendments -11.12.07 Section 9. Policy Task Force. A Historic Preservation Policy Task Force shall be established in order to provide guidance on additional changes to the City of Aspen Historic Preservation Program. Membership of the Task Force shall be by appointment by City Council. Duties of the Task Force shall be determined by City Council, but shall include a review of the following as a minimum: • The criteria upon which designation applications aze judged, including whether additional or different criteria should apply when the property owner objects to the designation and for 20s' century properties. • Changes to the Integrity Scoring System used to evaluate properties, including to the process by which the Scoring System is adopted. • Existing and additional benefits for owners of historic properties. • Strategic policy level review of the historic preservation program objectives and benefits and congruence with community goals as outlined in the Aspen Area Community Plan. Unless otherwise requested by the property owner, the City shall not proceed with property desig- nationswithout owner consent until the Policy Task Force has made their recommendations and the City Council has considered proposed code changes. Properties identified on the List of Po- tential Historic Resources shall remain on the List unless removed pursuant to the procedures of this ordinance. Section 10. Availability of Documents. The Community Development Department shall make available to the public all documents related to the List of Potential Historic Resources, criteria upon which properties shall be evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen website. Section 11. Effect on Existing Applications. This Ordinance shall not affect any active Land Use Application, existing Development Order, or Building Permit, as such terms are used in the Land Use Code, submitted and determined complete prior to the effective date of this ordinance Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal discussions with Community Development staff or review Boazds shall not constitute a complete application or any other official status. Applications submitted after the effective date of this ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended. Section 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 13. Existing Litigation. 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 Ordinance #48, Series 2007 Page 16 of 23 Second Reading Amendments - 11.12.07 amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 14. Notice A public hearing on the ordinance was held on the _ day of _, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _ day of _, 2007. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this _ day of _, 2007. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: Jim True, Special Counsel Ordinance #48, Series 2007 Page 17 of 23 Second Reading Amendments -11.12.07 EXHIBIT A ORDINANCE No. _, SERIES OF 2007 720 S. Aspen St, Holland House: Parcel Id: 2735 1 3 1 1 9001. Legal Description: EAMES ADDITION SUBDIVISION, BLOCK 9, LOT 1 & LOT 2 DESC: & 13, & 14. 809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010; 273513124008; 273513124022; 273513124017; 273513124016; 273513124015; 273513124007; 273513124013; 273513124005; 273513124003; 273513124002; 273513124001; 273513124012; 273513124006; 273513124009; 273513124019; 273513124021; 273513124020; 273513124004; 273513124011, Legal Description: ALL UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS. 114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK 65, 114 EAST BLEEKER CONDOMINIUMS. 118 E. Bleeker St: Parcel Id: 273512437012; 2735 1 243701 1. Legal Description: BLOCK 65, HOGUET CONDOMINIUMS. 970 Cemetery Ln: Pazcel Id: 273512208006. Legal Description: SNOWBUNNY SUBDIVISION, BLOCK 1, LOT 3. 408 E. Cooper Ave: Aspen Sports Pazcel Id:2737-182-16-009, Legal Description: BLOCK 89, LOT PART OF L&M. 617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022; 273718243018; 273718243025; 273718243023; 273718243101; 273718243003; 273718243049; 273718243006; 273718243051; 273718243034; 273718243012; 273718243008; 273718243102; 273718243047; 273718243085; 273718243039; 273718243104; 273718243033; 273718243041; 273718243063; 273718243054; 273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL UNITS, ASPEN SQUARE CONDOMINIUMS. 832 E. Cooper St, Viking Lodge: Parcel Id: 2737-182-28-007, Legal Description: BLOCK111, LOT R & S. 1001 E. Cooper Ave, Villager Townhouses: Parcel Id: 273718234012; 273718234010; 273718233504; 273718234008; 273718234007; 273718234005; 273718234009; 273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER TOWNHOUSE CONDOMINIUMS. 1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description: ANDERSON SUBDIVISION, LOT 1. Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls 1411 Crystal Lake Rd: Parcel Id: 273718243004, Legal Description: RIVERSIDE PLACER U.S.M.S. #3905 AM. SECT,TWN,RNG:18-]0-84 DESC: TRACT OF LAND IN NE4 OF SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905 AM DESC AS FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER BEARS S 00 02'E 242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E 150 FT TH S 89 58'W 150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK 244 PG 944 BK 268 PGS 26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK 511 PG 233 FROM BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE SOUTHERN MOST PARCEL OF LAND IN THE CORDON/CALLAHAN RESUBDIVISION. Ordinance #48, Series 2007 Page 18 of 23 Second Reading Amendments - 11.12.07 1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001 THROUGH 273718131020; 273718131800; 273718131801, Legal Description: ALL UNITS, ASPEN CLUB CONDOMINIUMS. 333 E. Durant Ave., Mountain Chalet: Pazcel Id: 273718245002, Legal Description: BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION. 555 E. Durant St, North of Nell: Parcel Id: 273718249002 THROUGH 273718249058; 273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH OF NELL CONDOMINIUMS. 100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK 63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63 PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF THE SW4 OF SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85 SAID PARCELS DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT ELY OF THE W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03'19"E 42.21 FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E 286.57 FT TH S 6 DEG 18'51 "W 103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21 "E 52.10 FT TH S 23 DEG 21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75 DEG 09'11 "W 288.99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT TO THE POB. 210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q. 621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description: BLOCK 22, REEDS HOUSE CONDOMINIUM. 624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRI CONDOMINIUMS, UNIT B. 626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI CONDOMINIUMS, UNIT A. 631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/ 1039 Waters Ave., Alpenblick: Pazcel Id: 273718279001 THROUGH 273718279019; 273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS. 215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description: BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY. 233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273513119002, Legal Description: BLOCK 9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION SUBDIVISION. 700 W. Gillespie St., Aspen Center for Physics: Pazcel Id: 273512129803, Legal Descrip- tion: LOT 3, ASPEN MEADOWS SUBDIVISION. 110 E. Hallam St., Red Brick: Pazcel Id: 273707313801, Legal Description: BLOCK 71, LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S AND A STRIP OF LAND. 327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A - C. 928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART K, L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT. 122 W. Hopkins Ave: Parcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M & N. Ordinance #48, Series 2007 Page 19 of 23 Second Reading Amendments - 11.12.07 129 E. Hopkins Ave: Pazcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G-I. 211 W. Hopkins Ave: Pazcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F & G. 608 W. Hopkins Ave, Madsen Chalet: Parcel Id: 273512448005, Legal Description: BLOCK 25, LOTS Q, R & S. 700 W. Hopkins Ave: Parcel Id: 273512446015; 273512446018; 273512446012; 273512446011: 273512446021: 273512446020; 273512446022; 273512446014; 273512446013 273512446017; 273512446016; 273512446019; 273512446025; 273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL UNITS, 700 WEST HOPKINS CONDOMINIUMS. 720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273512446007; 273512446009; 273512446010;273512446008;273512446006; 273707334006; 273512446801, Legal De- scription: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS. 100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK 68, LOTS K - M. 300 W. Hyman Ave., Kitzbuhl Lodge: Parcel Id: 273512464007, Legal Description: BLOCK 46, LOT R & S. 322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N & O. 334 W. Hyman Ave., St. Moritz: Pazcel Id: 273512464004, Legal Description: ST MORITZ LODGE MINOR PUD SUBDIVISION. 514 E. Hyman Ave., Mason and Morse: Parcel Id: 273718213002, Legal Description: BLOCK 94, LOT N. 606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K & L. 610 E. Hyman Aver Pazcel Id: 273718212004, Legal Description: BLOCK 99, LOT M. 630 E. Hyman Ave., Patio Building: Parcel Id: 273718212007, Legal Description: BLOCK 99, LOTS R & S. 720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 27371 821 1 008 THROUGH 273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK 104, ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS. 301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7. 120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY 20 FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED ALLEY ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION. 200 W. Main St., Tyrolean Lodge: Pazcel Id: 273512440010, Legal Description: BLOCK 51, LOTS R & S. 220 E. Main St., Cortina Lodge: Parcel Id: 273707320707, Legal Description: BLOCK 73, LOTS P&Q. 420 E. Main St: Pazcel Id: 273707322801; 273707322014; 273707322015, Legal Description: BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS. 435 East Main St., Gas Station/local's corner: Pazcel Id: 273707330005, Legal Description: BLOCK 87, LOTS E - I. 520 W. Main St., Ullr Lodge: Parcel Id: 273512498001 THROUGH 273512498027; 273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS CONDOMINIUMS. Ordinance #48, Series 2007 Page 20 of 23 Second Reading Amendments - 11.12.07 630 W. Main St., Mountain Rescue: Pazcel Id: 273512444805, Legal Description: BLOCK 24, LOT M. 730 W. Main St., Hickory House: Parcel Id: 273 5 1 2445004, Legal Description: BLOCK 18, LOTS M - P. 834 W. Main St/107 N. Seventh St., Bavarian Housing: Pazcel Id: 273512380014 THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN CONDOMINIUMS. 24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 & 7 RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84 BEING A PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE PLACER USMS NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID HIGHLAND PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH N 47 50'W 19.88 FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID R-O-W FT M/L TH S 60 05'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S 1 DEG 25'W TO THE PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84. 232 McSkimming Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2, ASPEN GROVE SUBDIVISION. 592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN GROVE SUBDIVISION 745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3, SNOBBLE SUBDIVISION. 765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE SUBDIVISION. 119 S. Mill St., Wells Fargo Bank: Pazcel Id: 273707329009, Legal Description: BLOCK 80, LOTS P - S. 307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN COMMERCIAL CONDOMINIUM, UNIT:B. 536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal Description: BLOCK 99, LOTS 11 - 15 HALLAM ADDITION. 403 Park Ave: Pazcel Id: 273707404010 THROUGH 273707404019, Legal Description: ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS. 404 Park Ave: Parcel Id: 273707404705, Legal Description: LOT 3, SUNNY PARK SUBDIVISION. 411 Pearl Ct: Parcel Id: 273 5 12 1 1 0002, Legal Description: BLOCK 101, LOTS 7 & 8 & A STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE HALF OF THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION. 434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF LOT 2 AND LOT 3, HALLAM ADDITION. 119 Red Mountain Rd: Parcel Id: 273707213002, Legal Description: LOT 2, ODEN SPLIT SUBDIVISION. 246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23, EASTWOOD SUBDIVISION. 258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26, EASTWOOD SUBDIVISION. 850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM SUBDIVISION. Ordinance #48, Series 2007 Page 21 of 23 Second Reading Amendments - 11.12.07 54 Shady Ln: Parcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84, TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 FT TO THE WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A CURVE TO THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.SFT TO THE CENTER OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER CREEK ALONG THE ARC OF A CURVE THE CHORD OF WHICH BEARS S 68 DEG 02'04""W 296.19 FT TO THE ELY LINE OF SAID RR R-O-W TH S 08 DEG 57'E 90.6 FT ALONG THE ELY LINE OF SAID RR R-O-W TO THE PT OF BEG LESS A TRACT CONT 0.0924 AC M/L DEEDED TO PITKIN CO FOR RDWY DRAINAGE EASEMENT BK 554 PGS 159-161 &185 SUBJECT TO US PATENT RESERVATIONS BK 35 PG 116 R-O-W GRANTED BY BK 29 PG 582. 69 Shady Ln: Parcel Id: 273707300012, Legal Description: BEG AT POST STANDING ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE CENTER OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF PARCEL OF GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM LAND CO TH SLY PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF THE ROARING FORK RIVER TH FOLLOWING THEN & ET BK OF THE ROARING FORK RIVER WITH COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK AT ITS JUNCTION WITH ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE PLACE OF BEG TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO SITUATE LYING & BEING IN SEC 7-10-84 BK 311 PG 307 BK 512 PG 253. 28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI SUBDIVISION. 500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S, BLOCK 26. 949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A - I. 1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description: CEDARWOOD CONDOMINIUMS, UNIT 1. 1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD CONDOMINIUMS, UNIT 2. 300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal Descrip- tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS. 900 Stage Rd., Part of Bar X Ranch: Parcel Id: 273502300006, Legal Description: LEGAL DESCRIPTION TO BE DETERMINED. 219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S. 407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S. 615 N. Third St: Parcel Id: 273 5 12 1 1 000 1, Legal Description: BLOCK 101, LOTS 9 & 10. 1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho- sier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal Description: ASPEN MEADOWS, LOT ]A. 1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809, Legal Description: ASPEN MEADOWS, LOT 1 B. 700 Ute Ave., Aspen Alps: Parcel Id: 273718255001 thru -011; 273718255013 thru -017; 273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014; 273718271001thru-009; 273718256002; 273718295001thru-008; 273718262001thru-008; Ordinance #48, Series 2007 Page 22 of 23 Second Reading Amendments - 11.12.07 273718269001 tluu -013; 273718272999; 273718244001 tluu -008, Legal Description: ALL UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST CONDOMINIUMS, ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS SOUTH. 1280 Ute Ave., Benedict Building: Parcel Id: 273718156001 tluu-003; 273718156005 tluu- 020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131; 273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL UNITS, POWDERHOUSE CONDOMINIUMS. 1005 Waters Ave: Pazcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C, EAST ASPEN ADDITION. 1102 Waters Ave: Pazcel Id: 273718266001, Legal Description: LOT 14, CALDERWOOD SUBDIVISION. 610 S. West End St., Gant: Parcel Id: 273718267001 tluv -015; 273718267017 tluu -029; 273718267036 tluu -046; 273718267048 tluu -050; 273718267053 tluu -056; 273718267058 tluu -067; 273718267069 tluu -070; 273718267072 thru -078; 273718267080 tluu -097; 273718267100 tluu -107; 273718267109 tlrru -111; 273718267113 tluv -143, Legal Descrip- tion: ALL UNITS, GANT CONDOMINIUMS. 95 Westview Dr: Pazcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7, KNOLLWOOD SUBDIVISION. Ordinance #48, Series 2007 Page 23 of 23 Second Reading Amendments - 11.12.07 ~yc(~ i b i-1- ~'j THE MYLER LAW FIRM, P.C. A Colorado Professional Corporation DAVID J. MYLER RosvNJ. MYLER"' ADMITTED IN CO'. NY', Cr' 2I I MIDLANDAVENUE SUITE 201 CONME A. WOOD, LEGAL ASSISTANT BASALT, COLORADO S I62I RHONDA E. NEFr, tPGAL ASSISTANT Oct 16, 2007 Via Emai! and US Mai! Mr. Chris Bandon, Director Aspen Community Development Department 130 S. Galena Street, 3~ Floor Aspen, CO 8161 Re: Ordinance 45, Series of 2007 Dear Chris, TELEPHONE (970) 9t7-0436 FACSIMILE (970)937-0371 EMAaS dm/ler®mrbbwpcwm mrylm~rybh,ryc.mm nwod®mybYwpcwm ixa~n,bYvpcmm I am writing on behalf of Roaring Fork Mountain Lodge -Aspen, LLC, as the current owner of the Holland House at 720 South Aspen Street in Aspen. The purpose of this letter is to request that the Holland House structure be removed from the list of Potential Historic Resources which is attached as Exhibit A to Ordinance 45, Series of2007, as approved on first reading. We believe that the Holland House should be removed from the list prior to second reading of Ordinance 45 for the following reasons: 1. The Holland House is the subject of an active Land Use Application. Pursuant to Section 3 of Ordinance 45, the provisions thereof shall not affect any such Application. 2. The Holland House is the subject of a final determination of no historic significance and thus exempt from the provisions of Ordinance 45 pursuant to Section 3. On Mazch 24, 2003, the Aspen City Council unanimously adopted Ordinance 15, Series of2003, which specificallyprovided that the Holland House does not meet the standards of Historic Landmark Designation (copy attached). Ordinance 15, Series of 2003, either constitutes a "Determination of No Historic Significance" certificate, as that term is used in Ordinance 45, or is the equivalent of such a certificate. The facts and circumstances relating to the eligibility of the Holland House for historic designation have not changed since Ordinance I5, Series of 2003 was adopted. Even though a new council could come to a different conclusion at this time if the Holland House were being considered for designation, there is no legal basis to ignore the cleaz and unambiguous determination of the City Council in 2003. THE MYLER Lnw Ftxm, P.C. Mr. Chris Bendon October 16, 2007 Page 2 Very truly yours, THE MYLER LAW FIRM, P.C. By: David J. Myler DJM/rn cc: Robert E. Daniel, Jr. (via email) III~I~IIIII~IIIIIII~~IIIII~IIIIlIII~I~ IIII o nab e5 ie:lla SILVIN ORVIS PITKIN COUNTY 00 R 36.00 0 0.00 ORDINANCE NO. 15 (Series of 2003) ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REQUEST TO REMOVE 720 S. ASPEN STREET, THE HOLLAND HOUSE LODGE, FROM THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES PARCEL ID#: 2735-131-19-001 WHEREAS, the applicants, John Simmons and Yasmine depagter, owners of the Holland House, have requested that the historic designation on their property be rescinded and that the property be removed from the Aspen Inventory of Historic Landmazk Sites and Structures. The property is located at 720 S. Aspen Street, Lots 1, 2, 13, and 14, Block 9 and a portion of a vacated alley southerly of Lot 1 and 2 Eames Addition, City of Aspen, Colorado; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for i2escinding Designation and states that an application fur the removal of a property from the Aspen Inventory of Historic Landmazk Sites and Structures shall follow the same submission requirements and review procedures as for designation except that with respect to Section 26.415.030(0)(4) anexplanation shall he provided describing why the property no longer meets the criteria for designation .The HPC and City Council shall determine if sufficient evidence exists that the property no longer meets the criteria for designation and, if so, shall remove the property from the Inventory; and WHEREAS, staff, in a report dated October 9, 2002 performed an analysis of the application based on the standards, and using the guidelines, score sheets, and other tools established through Section 26.415.030.8.4 of the Aspen Municipal Code in order to apply the criteria set forth in this Section to potentially eligible buildings, sites, structures or objects, or collections thereof and has recommended that the property remain listed on the Aspen Inventory of Historic Landmark Sites and Structures; and WHEREAS, at a regulaz meeting held on Uctober 9, 2002, the Historic Preservation Commission considered the application, found the property to meet the standards for designation and recommended to City Council that 720 S. Aspen Street remain on the Aspen inventory of Historic Landmark Sites and Structures by a vote of 4 to 1; and WHEREAfi, the Aspen City Council has reviewed and considered [he request for delisting under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the HPC, and ltas taken and considered public comment at a public hearing; and IINNININI~IIIIINNIINN~IIIINIIINNNIIII a ~z s 05 ~e:rra SILVIP ORVIS PITInN BOUNTY CO R 76.00 D 0.00 WHEREAS, A public hearing on the Ordinance was held on the 24'~ day of Mazch, 2003, at 5:00 o'clock pm in the City Council Chambers, Aspen City Hall, 130 S. Galena St. Prior to such heazing a public notice of the same was published in a newspaper ot'general circulation within the City of Aspen; and WHEREAS, the City Council finds that 720 S. Aspen Street, the Holland House, does not meet the standards for designation and has determined that 720 S. Aspen Street should he removed from the Aspen Inventory of Historic Landmark Sites and Structures by a vote of 5 to 0; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and weltare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal code, the Holland House, located at 720 S. Aspen Street, does not meet the standards of Historic Landmark pesignation and shall be removed from the Aspen Inventory of Historic Landmazk Sites and Structures. Section 2 All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission and City Council, aze hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not effect the validity of the remaining portions thereof. INTRODUCED, READ, AND ORDERED PUBLISHED ON FIRST READING as provided by law by the City Council of the City of Aspen on the 24th day of February, 2003. ~II~ IN~I ~K ~~ II~~ I~~ VIII ~ 11111 ~ ~1 4 zaeze05 1o:11G SILVIR DHV1S PiTKIN COUNTY CO R 16.00 D 0.E0 ATTEST: MAYOR: Kathryn S. K ~ , Cit Clerk _ elen al KI rnd FINALLY, adopted, passed and approved this 24''' day of March, 2003. MAYOR: Helen Kali ande d ATTEST: )~athryn S. K .City Clerk APPROVED AS TO FORM: . o~'~ ~.~,~.City ~~ ~J~~ Condominium Hotel in Downtown Aspen October 15, 2007 Chris Bendon Community Development Director CITY OF ASPEN 130 South Galena Aspeq Colorado 81611 Deaz Chris, ~--~'Lt l .~J i ~~~ OCT 1 S 207 rivt'G!V I understand that our Aspen Square building has been included on the designated Aspen Inventory of Historic Sites and Structures. Per condominium owner requests, I am writing to ask that our buildings be removed from the list. I have reviewed the Criteria for Designation, and I do not seethe reasons for our designation. Here is how I see it: 1. We are obviously not 100 years old. We are in fact about 38 years old. 2. Aspen Square is a relatively unremarkable building, and certainly has not made a significant contribution to local, state or regional history. 3. I cannot see that our property is connected with any name that has made a specific contribution to local, state or national history. 4. The physical design of our buildings is hardly distinctive or of some special significance. It looks like any number of buildings from the late 60's and 70's. Ours are very plain buildings not noteworthy in design, nor are they the significant work of any specific designer. In short, as I look at the outline of criteria, I do not see Aspen Square in the requirements. I would add that while we certainly do not see tearing down the building or pursuing any significant changes or ahemations to our buildings, I do see the potential to change exterior stucco colors in the future, or we may want to consider new balcony designs. These would be projects to improve the otherwise very unremarkable exterior of our buildings, and I would not see these done until many yeazs from now. My concern is that I can see potential historic site designation getting in the way of responsible improvements to our building exteriors. There are, after all, people who see any improvemems to buildings in town as somehow a violation of Aspen's history. That worries me as I consider the future of Aspen Square! So, I am asking that Aspen Squaze be removed from the historic invectory list. Thank you! Very truly yours, ~~ ~ ~~ Wan en E. Klug General Manager 617 East Cooper Avenue • Aspen, Colorado 81611 .970-925-1000 • FAX 970-925-1017 E-Mail: info@aspensquarehotel.com On the Web: www.aspensquarehotel.com 1-800-TO ASPEN (1-800-862-7736) HOLLAND & HART ~ Christopher J Heaphey _l. F' E '- " v`, ° i-' ~ ~'" r= ' ' for Holland ~ Hart Phone (970) 925-3476 Fax (800) 962-1998 cjheaphey@hollanom 56025.0001 October 16, 2007 ~Cj I ;: , 9~jj~A~~~,~ , : ~, James R. True, Esq. ~/? ,.,, 215 S. Monarch St. Ste 102 '°`~~~~ Aspen, CO 81611-2915 Chris Bendon, Director Community Development 130 S. Galena Aspen, CO 81611 Re: Hotel Jerome and Cortina Lodge Dear Jim and Chris: This law firm represents LCP -Elysian Aspen Owner, LLC ("Elysian"), the owner of the Hotel Jerome and Cortina Lodge and successor in interest to the 2007 Hotel Jerome PUD Agreement executed by the City of Aspen on January 3Q, 2007. It is our understanding that the Cortina Lodge is currently listed as a potential historic structure on Exhibit A to proposed Ordinance No. 45, which is scheduled for second reading on October 22, 2007. Elysian respectfully requests that for the reasons set forth below, the City not designate the Cortina Lodge an historic structure at this time, and that the Cortina Lodge be removed from Exhibit A. Elysian's vested rights under the PUD Agreement do not expire until January 14, 2010. Those rights include, among other things, the ability to renovate the Cortina Lodge pursuant to the terms of the PUD Agreement. Such renovation may in fact occur prior to historic designation. Paragraph 3.7 of the PUD Agreement allows Elysian to wait until a building permit is sought for the renovation of the Hotel Jerome itself before filing an application for historic designation of the Cortina Lodge. This discretion is part of Elysian's vested rights and should not be abridged by the City by unilaterally designating the Cortina Lodge historic at this time. Elysian purchased the Hotel Jerome and the Cortina Lodge just this yeaz, and is currently in the process of reviewing and analyzing the previously approved renovation plans now that it is operating both properties. Elysian is developing an updated renovation plan for the properties, and intends to present the revised plan to the City when it is complete. The updated plan will be founded in part upon information developed from operating experience. Elysian submits that it is in the community's interest to consider a comprehensive, integrated renovation plan for the two properties before placing a historic designation on the Cortina Lodge. A premature historic designation might significantly impair the planning Holland a Hart ua Phone [970] 925-3476 Fax [970] 925-9367 www.hollandharuom 600 East Main Street Suite 104 Aspen, CO 81611 Azpen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Sak lake Ciry Santa Fe Washington, D.C. ~.. process, and there is really nothing to be gained by proceeding with the designation at this time. Elysian is already obligated to submit an application for historic designation at an appointed time, hence there is no risk to the City in deferring the matter to a later date. We would appreciate your thoughtful consideration of this request. Sincerely yours, Christopher J Heaphe~ for Holland & Hart ~~P CJH/ 3775517_LDOC V 111 d MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Planner~'~~ THRU: Chris Bendon, Community Development Director ~ I~Q~~ DATE OF MEMO: November 1, 2007 ~f/~ MEETING DATE: November 12, 2007 (cont. from August 13, 2007, August 27, 2007, September 10, 2007, and October 9, 2007) RE: 508 E. Cooper Ave Subdivision (Cooper Street Pier) -Ordinance No. 28, Series 2007 (Parcel 2737-182-24-007) APPLICANT /OWNER: Cooper Street Co-Tenancy REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC; & Poss Architecture and Planning LOCATION: Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO, commonly known as 508 East Cooper Ave. CURRENT ZONING a4: USE Located in the Commercial Core (CC) zone district containing a three story mixed-use building, including: • 4,373 sq. ft. of net leasable space, and • one (1) free-market unit in 1,966 sq. ft. of net livable space. PROPOSED LAND USE: The Applicant is requesting to redevelopment the property as a four story mixed-use building, including: • 3,827 sq. ft. of net leasable space, and • one (1) free-market unit in 2,008 sq. ft. of net livable space. SUMMARY: The Applicant requests the City Council approve Subdivision Review to construct a mixed-use building. Photo of the subject property PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission granted Growth Management reviews for free-market residential, affordable housing, and commercial space, a Special Review to vary the dimensions of the trash/utility/recycle area, and recommended City Council grant a Subdivision Review. STAFF RECOMMENDATION: Staff recommends the City Council approve the Subdivision Review with conditions. Staff Memo - 508 E. Cooper Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 1 of 7 REQUEST OF COUNCIL: City Council is asked to grant Subdivision approval for the development of amulti-family residential unit on the property known as the Cooper Street Pier, located at 508 East Cooper Ave. The residential unit is part of a mixed-use development. BACKGROUND: The 2,842 square foot ]ot is located in the Commercial Core (CC) Historic District, but is not a contributing structure. The parcel has alley access, but an adjacent building (the Andres Building, currently housing Prada) extends behind the subject property leaving a 6.34 foot wide "flagpole" of access to the alley for the subject site (see picture below). The building currently contains a three story mixed use building with 4,373 square feet of net leasable commercial space and one (1) free-mazket residential unit of 1,966 square feet. The Applicant has received approval to demolish the existing building and develop a four story mixed-use building comprising: a total of 3,827 square feet of net leasable space divided between the basement, first, and second floors; and one (I)free-market residential unit of 2,008 squaze feet of net livable area on the third and fourth floors. The redevelopment will include fewer square feet of net leasable space than the existing building, and will include the same number of free-market residential units with 42 more square feet of net livable area. The Plannin~ and Zoning Commission granted the growth management reviews required for this project. Design Approved by Historic Preservation Commission (HPCI' The HPC granted a Certificate of Appropriateness, Demolition approval, and Commercial Design Standazd Review for the redevelopment proposal.Z ~ Planning and Zoning Commission Resolution 6, Series 2007 (Exhibit E) granted three Grow[h Management Reviews for commercial space, for afree-market residential unit, and for affordable housing; Special Review for the trash/utility/recycle area; and recommended City Council approve Subdivision Review. The Commission reviewed [he proposal at their March 20, 2007 and May 1, 2007 meetings. These minutes are attached as Exhibit D, Z Historic Preservation Commission Resolution 17, Series 2006 is attached as Exhibit C. The Historic Preservation Commission reviewed the applications three times before granting approval. The minutes from these meetings (April 19, 2006, June 14, 2006, and July 12, 2006) aze attached as Exhibit B. Staff Memo - 508 E. Cooper Subdivision G:\cityVessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 2 of 7 Growth Management and Snecial Review Granted by Planning and Zoning Commission (P&Zl: The P&Z approved Growth Management Reviews for the commercial space, free-mazket residential unit, and the affordable housing mitigation as part of the mixed use redevelopment.3 Because the new free-market unit is 42 square feet greater than the existing unit, affordable housing mitigation 12.6 square feet is required.4 The P&Z granted acash-in-lieu payment for the 12.6 square feet of net livable space. The P&Z also granted Special Review to vary the trash/utility/recycle area due to the unique flagpole shaped lot. Multi-Family Renlacement Reviewed Administrativelv: Because this application was submitted prior to the adoption of the recent code changes which amended the review procedure for Multi- Family Housing Replacement, this is an administrative review that is conducted by Staff at the time of building permit submittal. The mitigation under this review requires 50% of the units, bedrooms, and net livable area be provided by the application. The existing multi-family unit is one unit, with one bedroom, in 1,966 square feet of net livable area, generating mitigation of/~ a unit, '/z a bedroom, in 983 square feet of net livable area. The Housing Authority reviewed the redevelopment and recommended cash-in-lieu for the partial unit required. The cash-in-lieu proposed by the Applicant and recommended by the Housing Authority meets the requirements of the replacement programs DISCUSSION: Subdivision: The Applicant is requesting subdivision approval because the development of multi-family dwelling units requires approval of subdivision, pursuant to the definition of a subdivision.b The creation of multiple dwelling units (or one unit within a mixed use building) is considered an act of subdivision. If the Applicant is interested in creating individual ownership interests in the units, condominiumization must be undertaken in order to demarcate ownership units within a single building. In reviewing the Subdivision request, Staff finds that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards, as outlined in Exhibit A. Staff finds that the proposal is consistent with the infill development goals established in the 2000 Aspen Area Community Plan. Staff finds the subdivision will not negatively impact the surrounding area and is compatible with surrounding development. The Applicant will pay all applicable impact fees, including the School Lands Dedication Impact Fee and the Park 3 The redevelopment includes less commercial space than the existing building, and [here already exists one (1) free-mazket residential unit, therefore commercial and free-market residential allotments were not required for this proposal. 4 This is based on Land Use Code Section 26.470.040.0.6, which states that mitigation is equal to 30% of the new free-market net liveable space. The P&Z granted cash-in-lieu because a fraction of a unit was required. s Exhibit F outlines the Housing Authority's recommendation of cash-in-lieu, which wi0 be paid at the time of building permit submittal. The fee is calculated at $305,705.22 for the multi-family replacement program. 5 Subdivision, pursuant to Land Use Code section 26.104.100, is defined as "The process act or result of dividine land into two or more lots parcels or other units of land or separate leeal interests for [he ouroose or transfer of ownership leasehold interest building, or development..." ~ Once construction is nearly completed, but prior to issuance of a Certificate of Occupancy, the developer must file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director. Staff Memo - 508 E. Cooper Subdivision G:\cityVessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 3 of 7 Dedication Fee. The project has received all appropriate Growth Management Reviews and allocations. The land is suitable for development and subdivision, and provides the affordable housing mitigation that is required by the Land Use Code. The Planning and Zoning Commission recommended approval of Subdivision to City Council by a vote of five to one (5 - 1). Annrnverl lnimensinnal Requirements: J~C aiid P&Z Approved iJ~eg~Commerciat {CCU Zane Disfrict ~V. _ Tonal itegt~rements Requirements Minimum Lot 2,842 sq. fl. No requirement Size Minimum Lot 37 Feet No requirement Width Minimum 0 Feet No requirement Front Yard Setback Minimum Side 0 Feet No requirement Yard Setback Minimum Rear 0 Feet; P&Z granted Special Review No requirement except trash/utility service area Yard Setback to vary the trash/utility/recycle area shall be required abutting an alley, pursuant to dimensions to an alley frontage of nine Section 26.575.060 and a half (9.5) linear feet with a ten (10) foot vertical clearance, and seventeen and a half (17.5) feet in depth. Maximum Building: 34 Feet along Cooper Ave 42 feet for all areas of the property, and Height 44 Feet for top floor (setback from property line) 46 feet for areas setback 15 or more feet from lot lines ad'oinin a Street ri ht-of-wa . Pedestrian Cash-in-Lieu fee of $50 per square Pursuant to Section 26.575.030, Pedestrian Amenit S ace foot (284.2 s.f.) _ $14,210 for this lot Amenity Floor Area Cumulative 4,263 sq. ft. or 1.5:1 Cumulative Maximum: Commercial: 1.5:1 Ratio (FAR) Maximum: 3:1 up to 2:1 (with 7,105 sq. fr. or affordable housing 2.5:1 increase) N/A Lodging, Arts, Cultural and Civic, Public, Recreational, Academic uses: 3:1 N/A Affordable Housing: No limitation 2,842 sq. fr. or 1:1 Free-Market: 1:1 Staff Memo - 508 E. Cooper Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 4 of 7 Maximum Free-Market Unit: z,uuv sq. rr. Residential 2,008 sq. ft. Note: The 2, 000 sq. ft. maximum permitted was Unit Size established 6y Ordinance 12, Series 2006. (sq ft) This application was submitted prior to the passage of Ordinance 12 and is, therefore, not c~~hiect to the 2.000 sq. ft• maximum. Landscaping During the Planning and Zoning Commission's review of the project, the Commission discussed the planting of a new street tree in front of the redevelopment. The proposed tree was requested by the Parks Department and recommended as a condition of approval. The Commission discussed the impact the street tree would have on the Cooper Avenue View Plane, and voted to delete the condition requiring a street tree from Section 12, Landscaping, of the Planning and Zoning Commission Resolution 6, Series 2007 (see Exhibits D and E). Staff has added the condition requiring the Applicant provide a street tree to Section 12, Landscaping of the Ordinance. The Parks and Community Development Department believe the street tree is important to the overall pedestrian experience along Cooper Street. Further, Staff does not consider a tree to be "development," and therefore considers trees and like landscaping features to be exempt from view plane review. Council Ouestions Raised at First Reading: The City Council asked for clarification on a number of items at first reading. Staff has highlighted these questions and responded below: 1. Council asked about the nature of the two parking spaces in the adiacent buildine. The spaces were purchased at the same time as the Cooper St. Pier property. According to the Applicant, these spaces were not used by tenants or visitors of the Pitkin County Dry Goods building and were instead rented on the free-mazket. Under this proposal the two spaces will be dedicated to uses in the redevelopment, rather than being rented on the free-market. Staff and the Applicant are prepazed to answer any further questions regarding the parking at the Public Heazing. 2. Council re nested clarification on the Affordable Housin mill ation re uirements under the proposed redevelopment. Affordable Housing mitigation is generated in redevelopment scenazios when new commercial or free-mazket residential space is created. s Land Use Code Section 26.435.050, Mountain View Plane Review, states in part "When any nronosed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and re-redevelopment to reopen the view plane cannot be anticipated, the Planning and Zoning Commission shall exempt the development from the requirements of this section." Staff Memo - 508 E. Cooper Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.0 P ge 5 of 7 The proposed redevelopment generates less commercial space (net leasable) than currently exists in the space, so mitigation is not required for the commercial component. The code requires that 30% of the new net livable area in the free-market component of a redevelopment be mitigated with affordable housing net livable space. In the proposed redevelopment, the new free-mazket residential space created is 42 square feet. Therefore, 12.6 square feet (30% of 42 square feet) is required to mitigate for the additional free-mazket net livable square footage. The Land Use Code states that the Planning and Zoning Commission may approve cash-in-lieu for required affordable housing mitigation.9 The Housing Authority recommended cash-in-lieu be permitted because only a fraction of a unit is required (see Exhibit F), and the Planning and Zoning Commission approved cash-in-lieu in Resolution 6, Series 2007 (see Exhibit E). 3. Council requested information on who lives in the existing free-market residence. There is no information available to Staff indicating who lives in this unit. The Applicant will be prepared to address this question at the Public Hearing. 4. Council requested additional information on how long the existing uses have been located in the buildin¢ and what nrevious uses were located there. According to Staff at the Cooper Street Pier Restaurant and Bar, the business has been located in that space for "at least 30 yeazs." The Pitkin County Treasurer's data goes back 17 years (to 1990) and shows the following uses on the property: a. Cooker Street Pier: 17 years (1990-today) b. Siamese Basil: 3 years (2004-today) a Lucci's Italian Restaurant: 13 years (1990-2003) Referral A¢ency Comments: The City Engineer, Fire Mazshal, Water Department, Aspen Sanitation District, Housing Department, and the Parks Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. These comments aze attached as Exhibit F. RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project is consistent with the goals of the AACP in providing amixed-use building that is located in the infill azea, less than one block from the Ruby Park bus station, and is within walking distance of commercial and office uses. The project also meets the Managing Growth section as it does not require any growth management allotments and falls within the 2% desired growth rate for the City. Staff recommends approval of this project. PROPOSED MOTION: "I move to adopt Ordinance No. 28, Series of 2007, approving a Subdivision for the redevelopment at 508 East Cooper Ave." 9 Land Use Code Section 26.470.040.0.7 states, "Provision of affordable housing through acash-in-lieu payment shall be at the discretion of the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority." Staff Memo - 508 E. Cooper Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 6 of 7 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -Review Criteria and Staff Findings Exhibit B -HPC Minutes from April 19, 2006, June 14, 2006, and July 12, 2006 Exhibit C -HPC Resolution 17, Series 2006 Exhibit D - P&Z Minutes from March 20, 2007 and May 1, 2007 Exhibit E - P&Z Resolution 6, Series 2007 Exhibit F -Development Review Committee meeting minutes dated December 13, 2006 and Housing Referral dated January 4, 2007 Exhibit G -View Plane language Exhibit H -Subdivision Definition Exhibit I -Application Staff Memo - 508 E. Cooper Subdivision G:\cityVessica\Cases\Cooper Street Pier\Council\CooperStPier_11.12.07Memo.doc Page 7 of 7 ORDINANCE N0.28 (SERIES OF 2007) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, A SUBDIVISION AND CONDOMINIUMIZATION FOR 508 E. COOPER AVENUE, PORTIONS OF LOTS L, M, N, BLOCK 95, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2737-182-24-007 WHEREAS, the Community Development Department received an application from Cooper Street Co-Tenancy, represented by Haas Land Planning, LLC, requesting approval of three (3) Growth Management Reviews, Subdivision Review, and Special Review to construct amixed-use building consisting of 3,827 square feet of net leasable commercial space, and one free-market residential unit; and, WHEREAS, during a duly noticed public hearing on July 12, 2007, the Historic Preservation Commission approved Resolution No. 17, Series 2007, by a five to zero (5- 0), approving Commercial Design Review for the property at 508 E. Cooper Ave, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO; and, WHEREAS, the subject property is zoned CC (Commercial Core); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on May 1, 2007, the Planning and Zoning Commission approved Resolution No. 6, Series of 2007, by a three to one (3-1) vote, approving three (3) Growth Management Reviews for the development of a mixed- use building that includes commercial space, and free market housing, approving a Special Review to vary the dimensional requirements of the trash/utility/recycle area, and recommending that City Council approve with conditions the proposed subdivision and condominiumization to construct amixed-use building consisting of one (1) free-market residential unit and 3,827 square feet of net leasable commercial space located on the property at 508 E. Cooper Ave, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO; and, WHEREAS, on June 25~', 2007 the Aspen City Council approved Ordinance No. 28, Series 2007, on First Reading by a four to zero (4-0) vote, approving with conditions the Subdivision and Condominiumization of 508 E. Cooper Avenue, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on November 12, 2007, continued from August 13, 2007, August 27, 2007, September 10, 2007, and October 9, 2007, the Aspen City Council approved Ordinance No. 28, Series 2007, by a _ to _ ~-~ vote, approving with conditions the Subdivision and Condominiumization of 508 E. Cooper Avenue, Portions of Lots L, M, N, Block 95, City and Townsite 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 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07.doc Page 1 of 7 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 proposed subdivision meets or exceeds all applicable development standards and that the approval of the proposed subdivision, 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 welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section l Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves a Subdivision and Condominiumization for the property at 508 E. Cooper Ave, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO to construct amixed-use building consisting of one (I) free-market residential unit, and 3,827 square feet of commercial space. The use mix and dimensional requirements shall comply with the CC zone district, as described in the staff memorandum and included in the chart below. Specific squaze footage requirements may be amended provided compliance with the below stated requirements of the underlying CC zone district is maintained. )trnnl a ~ ~' Un~erlymg C _ sI`(fiC) Zone Dis#rlct r~me~t . DimensionaFkegatr~me . _ G. _ - ~Regments Minimum Lot 2,842 sq. ft. Size No requirement Minimum Lot 37 Feet No requirement Width Minimum 0 Feet Front Yard No requirement Setback Minimum Side 0 Feet Yard Setback No requirement Minimum Rear 0 Feet; P&Z granted Special Review No requirement except trash/utility service area Yard Setback to vary the trash/utility/recycle area shall be required abutting an alley pursuant to dimensions to an alley frontage of nine , and a half (9.5) lineaz feet with a ten Section 26.575.060 (10) foot vertical clearance, and seventeen and a half (17.5) feet in de th. Maximum Building: 34 Feet along Cooper Ave 42 feet for all areas of the property and Height 44 Feet for top floor (setback greater , than or equal to fifteen (15) feet from 46 feet for areas setback 15 or more feet from pro erty line) lot lines adjoining a Street right-of--way. Pedestrian Cash-in-Lieu fee of $50 per square Pursuant to Section 26.575.030, Pedestrian Amenit S ace foot (284.2 s.f) _ $14,210 for this lot Amenity 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07.doc Page 2 of 7 DrmenBiona# a~td P&ti,; + otttmerccal trG4~ Zone Dtstnct Requ~remen~ ~z}ion~ Requrre .. _ ~_~. ~ Rece .. or Area Fl w Cumulative 4,263 sq. ft. or 1.5:1 Cumulative Maximum. Commercial 1 5 1 o 3:1 up to 2:1 (with Ratio (FAR) Maximum: affordable housing 7,105 sq. ft. or increase) 2.5:1 N/A Lodging, Arts, Cultural and Civic, Public, Recreational, Academic uses: 3:1 N/A Affordable Housing: No limitation 2,842 sq. fr. or 1:1 Free-Market: 1:1 Maximum Free-Market Unit: 2,000 sq. fr. ft. maximum permitted was 000 sq te: The 2 N Residential 2,008 sq. fr. . , o established by Ordinance 12, Series 2006. Unit Size This application was submitted prior to the (sq. ft.) passage of Ordinance 12 and is, therefore, not sub ~ect to the Z, 000 sq. ft. maximum. Section 2• Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of this approval. The Subdivision Agreement shall also include a commitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 27, Series of 2006 as well as all conditions of this Ordinance. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to issuance of a Certificate of Occupancy. Section 3: Buildin Permit A lication The Applicant may not submit a Building Permit Application until the requirements in Land Use Code Section 26.304.075, Building Permit, are fulfilled. The building permit application shall include the following: a. A copy of the final Ordinance, P&Z Resolution, and HPC Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation-stabilization plan, construction management plan (CMP), and drainage and soils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall also identify that the adjacent sidewalks will be kept open and maintained 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinancel Pag e3 of 7 throughout construction. Staging azeas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan, as applicable. Section 4: Dimensional Requirements The building as presented in the plans contained within the application dated September 2006, complies with the existing dimensional requirements of the Commercial Core (CC) zone district. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. The trash/utility area shall have an alley frontage of nine and a half {9.5) linear feet with a ten (10) foot vertical clearance, and seventeen and a half (17.5) feat in depth, as identified in the plans approved through Special Reviow by the Planning and Zoning Commission on May 1, 2007. Section 6: Sidewalks. Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements. Prior to issuance of a Building Permit, or any other permit to be issues for the property, including but not limited to a demolition permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housine The affordable housing mitigation requirement shall be satisfied with a payment of cash-in- lieu for 12.6 square feet of affordable housing at the Category 4 level. The cash-in-lieu shall be paid at the time of building permit and shall be earmarked for APCHA's use to "buy down" existing deed-restricted units or proposed deed-restricted units to lower categories. Section 8: Off Street Parkine The Applicant shall provide two (2) off street parking spaces on the adjacent property to the east to be used as pazking for 508 East Cooper. Section 9: Water Deaartment Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 10: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which aze on file at the 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07.doc Page 4 of 7 District office. 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. b. On-site utility plans require approval by ACSD. c. Oil and Grease intercentors (NOT traps) are required for all food processing establishments; locations of food processing shall be identified prior to building permit; even though the commercial space will be tenant-finished, interceptors will be required at this time if food processing establishments are anticipated for this project. d. Oil and Sand sepazators are required for pazking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. e. 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. f. Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance of a building permit. h. The glycol heating and snow melt system (if any) must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. Any glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 11: Exterior Li¢6ting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 12: LandscaAinff a. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into tree protection zones. b. Prior to issuance of any demolition or building permits, any and all tree removal will be approved by the Pazks Department. Mitigation for removals shall be satisfied through planting of street trees adjacent to the site or through payment of cash in lieu. c. Root trenching will be required around all potentially affected trees with excavation next to and/or under the drip line. This can be accomplished by a contracted 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance 11.12.07.doc Page 5 of 7 professional tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. d. The Applicant is required to make improvements to the City ROW through the installation of a new Cooper Avenue street tree, evenly spaced between the two existing trees located in front of the neighboring properties. Planting in the Public Right-Of--Way (ROW) will be subject to Landscaping in the ROW requirements. Plans for the tree planting should be completed and conceptually approved prior to building permit submittal. 1. If the sidewalk is kept in tact and does not require replacement then the applicant will have to work with the Parks Department to saw cut a new tree well. 2. If the sidewalk is replaced in any manner the applicant will be required to install a structural tree trench within the tree planting zone. Trench materials, size and location will require approval of the Parks Department. The Applicant is required to install new irrigation to the new tree planting and if possible to the two existing trees depending on the extent of any new tree trench. Section 13: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule, in place at the time of building permit. Section 14: Pedestrian Amenity Cash-in-Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay acash-in-lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 2,842 square feet 10% of Lot Area = 284.2 square feet Payment = $50 x 284.2 square feet Pedestrian Amenity Cash-in-Lieu = $14,210.00 Section 15: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Sectionl6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07.doc Page 6 of 7 documentation presented before the Planning and Zoning Commission or City Council, aze 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 17: 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 18: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25 day of June, 2007. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2007. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney G:\cityVessica\Cases\Cooper Street Pier\Council\CooperstPier_Ordinance11.12.07.doc 508 E. Cooper Ave Subdivision G:\city\Jessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07.doc Page 7 of 7 Exhibit A, Subdivision Review Criteria 508 E. Cooper Ave. Redevelopment SUBDIVISION REVIEW Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The project contains new development within the Urban Growth Boundary which is a goal of the managing growth section of the AACP. Additionally, this development does not require growth Management Allotments, complying with the 2% desired annual growth in the managing growth section of the AACP. The project promotes the AACP's goals with regards to transportation by developing a building that supports the opportunity for choice in travel modes -transit, walking, and bicycling -and that will help create a more friendly pedestrian experience by providing interest at the street level and improved sidewalk and streetscape amenities. The redevelopment generates an affordable housing requirement of less than one unit. The Housing Board has approved the payment of cash-in-lieu for this requirement, which will be used by the Housing Office to provide and/or buy-down Affordable Housing, meeting the goals in the Affordable Housing section of the AACP. The project is consistent with the Parks and Open Space section of the AACP as it will include improvements along sidewalks on East Cooper and will pay a Park Development Impact Fee. The development also meets the AACP with regard to design quality as the architectural design enhances the existing character of the area through its consistency with the Commercial Design Review standards as reviewed by the HPC. Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Staff believes that the proposed mixed-use building is consistent with the land uses in the immediate vicinity. Indeed, the proposed use mix is fully consistent with the existing uses on the property. Further, the HPC has reviewed the Application for consistency with the neighborhood characteristics in the Commercial Core. The design has received conceptual approval from the HPC, and will go to HPC to receive final approval. Staff finds this criterion to be met. Page 1 of 4 Exhibit A, Subdivision Review Criteria 508 E. Cooper Ave. Redevelopment c. The proposed subdivision shall not adversely affect the future development of surrounding areas. StaffFindinQ The surrounding properties are close to fully developed. Additionally, the development meets all the requirements of the CC zone district, and park development, school land, and other impact fees will be paid to mitigate for any other impacts from the development. Therefore, Staff does not believe that the proposal will adversely affect the future development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The proposed development is in compliance with the CC zone district requirements and meets all other land use regulations. Staff finds this criterion to be met. B. Suitability of land for subdivisiou. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because ofJlooding, drainage, rock or soil creep, mud,Jlow, rockslide, avalanche or snows[tde, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare ojthe residents in the proposed subdivision. Staff Finding Staff finds that the property is suitable for subdivision. The site is already developed and is within the designated Aspen Infill Area. The site contains no overly steep topography and no known geologic hazazds that may harm the health of any of the inhabitants of the proposed development. Staff finds this criterion to be met. b. Spatial pattern efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff finds that the property is suitable for subdivision. Staff finds that there will be no duplication of public facilities as the property to be subdivided is already served by adequate public facilities. The Applicant has stated the cost of any necessary utility extensions or upgrades will be borne by the Applicant. Staff finds this criterion to be met. Page 2 of 4 Exhibit A, Subdivision Review Criteria 508 E. Cooper Ave. Redevelopment C. Improvements. The improvements set forth at Chapter 2ti.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant is providing acash-in-lieu payment for the required affordable housing mitigation, as the requirement generated by the new building is a fraction of a unit (12.6 square feet of housing). The Applicant is also paying the required cash-in-lieu fee for the Multi-Family Replacement Program, again because a fraction of a unit is required. The Replacement Housing requirement is not a GMQS or mitigation requirement. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land, which will be paid prior to building permit issuance. Staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which al[ growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord No. 44-2001, § 2) Page 3 of 4 Exhibit A, Subdivision Review Criteria 508 E. Cooper Ave. Redevelopment Sta Finding The development does not require Growth Management Allotments for the free-mazket unit or for the commercial area. The free-market unit generates an Affordable Housing mitigation requirement of only 12.6 squaze feet of housing. As stated in part D above, the proposed development generates a fraction of a unit as GMQS mitigation. The Applicant has stated, and the Housing Board has recommended, that the mitigation be provided via acash-in-lieu payment. The Housing Replacement requirements is not a GMQS or mitigation requirement. Staff finds this criterion to be met. Page 4 of 4 exhibit B 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19. 2006 508 E. COOPER AVE. -CONCEPTUAL, COMMERCIAL DESIGN REVIEW AND DEMOLITION -PUBLIC HEARING Mitch Haas, planning consultant representing the owner. Bill Poss, architectural firm representing the owner. Amy disclosed that a few years ago her husband was the project manager for the applicant's home and that relationship has ended and her family has no financial involvement with this project and she has been advised by the attorney's office that this is not a conflict of interest. Affidavit of posting -Exhibit I Chris Bendon, Community Development Director informed the HPC and the public that the hearing has an architectural focus to it, and whether or not the aluminum window system and corrugated metal of the building is in fact historic and whether or not the revisions to the fagade are appropriate given the architecture of the downtown district. This hearing is not about the use of the building that is determined by the owner. HPC cannot force any owner to maintain a particular business. David Hoefer, Assistant City Attorney relayed that the procedure is very formal and is used at all hearings. Basically it begins with the applicant submitting an affidavit of notice of public hearing. This means that people within 300 feet of the project have been notified and that it has been published in the paper. That gives the board jurisdiction to proceed. Next, a staff presentation is done following by the applicant presentation. Then the commissioners have an opportunity to ask questions of the applicant. At this point they do not comment as to whether they like the applicant or not. Then the public hearing is open. Public comments in general help the project and they help the applicant understand how everyone feels about the project. The board reviews every project based on review criteria and that is what they base their decisions on. After the public comments the commissioners can then comment on the project. The applicant can then respond and give a summation. Then you go to the motion and vote. Amy relayed that the subject property is in the Commercial Core Historic District. The site has always been viewed as anon-contributing building to the district and it is not land marked designated or was it ever considered. 4 xhibit B i0$ E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19, 2006 The applicant proposed to demolish the existing floor structure and fapade of the building but to retain existing masonry walls that are on the east, west and rear portions of the building. They will reconstruct the project with mixed use, residential and commercial space and a unit on top of the building. They are asking for conceptual approval and also commercial design standard reviews and demolition review. Staff recommends continuation to restudy designs that do not comply with the design guidelines. The photographs reveal that at some point the entire brick facade was demolished. The store front windows continued to exist into the 1950's and later that was destroyed. In the 1970's the metal "Cooper Street Pier Fapade was constructed. What was demolished at one point was a bay that contained a staircase to the upper floor. What we have on the west is an interior wall not an exterior wall. The staircase came up .the side of the building. There is little 19"' Century fabric left on the building. The important part was the facade and that is gone. Staff finds that there is no architectural reason to find that this building should be considered historic or that we should be concerned with the demolition. A number of the aspects of the development are. not into compliance and staff recommends continuation for the following reasons. The proposal includes recessing most of the ground floor level five to seven feet. The guidelines indicate that store fronts should meet the street and have windows right up against the sidewalk. There is a pattern in town where you had a grand first floor level which the applicant is providing with a 14 foot plate height but the older buildings had smaller additional floors of consistent height and here the second floor is around a ten foot plate height and a third floor that leaps to 14 feet and we find that is not in compliance with the guidelines. Another point is that there should be a strong cornice line and the proposal does not represent that. The cornice in the packet actually is pulled back from the second floor, There is also a deck that is cut into the cornice which projects over the street which would require an encroachment license that takes away from the a strong cornice line. Amy pointed out that the board and staff greatly welcomes new designs to the community, this is an historic district and that design needs to be strongly informed by the context. Commercial design review needs to be dealt with. Staff finds conflict with 3, one of which deals with requiring that store fronts at the ground level be right up at the sidewalk. Another requirement is an airlock which is not 5 cxrnoit ~ 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19. 2006 being provided and also a trash and delivery area. This project does not have very direct access to the alley. Mitch said after reading through the memo they agreed with most of the points brought up. Our intent is to explain some of our rationale for the type of design that was taken. Bill said conceptual is to look at the design and get comments from the board. We feel the approach goes along with what the public wants. We have attempted to save all of the historic properties and elements that are in the building now. The interior wall and the eastern exterior or party wall are being exposed. We are going to expose the peach blow sandstone in the lower level. This building was the impetus for a view plane that still exists today and a protection of a view plane. It is called the East Cooper Ave. view plane. It initiates from about six feet inside the building. The existing indoor/outdoor dining area is the start of the view plane and we intend to keep that area. The design of the building can be done to give certain attributes to the design to encourage dining for particular spaces. There are not a lot of outdoor dining areas designated in the buildings that we have for downtown. Using that as a start of our design it allowed us to expose the interior walls and set it back and guide a potential tenant to use that as exterior dining. Bill said when they take the paint off and restore the walls they need to make sure they have the proper water proofing etc. In trying to preserve the front dining that is why we are setting back the glass. The elements are to preserve the historic walls, keep the brick and in order to get more vertical height to the building we would take the railing and create that as a cornice. We are using the one wall as a key feature inside as we enter the different levels. We are also lowering the level of the basement to make that more conducive of a restaurant space. The footprint of the bldg. is 2,642 and in that we have to have two stairs and an elevator for handicapped access. The owner of this building owns 7 spaces along the back alley and they are proposing to take 1 or %z spaces to meet our utility and trash area. Mitch said at P&Z in the growth management review there will be a special review to alter the trash utility service area requirements, basically turning it sideways along the alley. 6 Exhibit B 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19, 2006 Alison asked about the lower level which indicates a door opening into the parking next door. Bill said the owners also own two parking spaces in the lower level of the garage and they will go with pent house. Derek asked if there was any rationale why 6 feet was chosen as opposed to coming out further etc. What is the rationalization for the second level parapet? Bill said they wanted to go with what was existing and go vertical to use up the height. Mitch said none of the guidelines indicate that the trash area has to be on your property it just says it has to abut an alley. Derek asked if the City has looked at what maybe development down the way and how the recycle ordinance and trash will be affected. Bill said trash companies have given different containers to sort and recycle and have trash. Chris Bendon said the trash section was amended a year ago and Environmental Health was very much involved. Chairperson, Jeffrey Halferty opened the public hearing. Georgeann Waggaman applauded Amy on her critique and Bill Poss for trying to keep a restaurant on the first floor. The proportions on the first and second floor are OK. The railing into a cornice is a good idea. Georgeann recommended a kick plate. The upper floor has become the tail that wags the dog. HPC needs to look at these seriously because they are an impact to our communtty. Bill Sterling asked Amy what the percentages were for commercial and residential with reference to the new ordinance that council just past. Mitch pointed out that this application was in place before the ordinance was adopted and they do not have those figures. David Hoefer pointed out that applicants only have to abide by ordinances that were in effect that the time the application was made. Chris said top floor is 27 hundred square foot and the new ordinance says 2,000 but they are not subject to that because the application was submitted several months ago. cxnioit rs 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19. 2006 Bill Sterling said the ordinance says no more that 50% residential. The residential is the economic engine that has been unsettling for people downtown. Georgeann said visually the building is too tall. Ann Wycopp said even though the buildings are not on the register they add personality and flavor to our town. We are all concerned that this town is going to look like Vail. We do not understand why our town is moving in the direction it is so quickly. David McClure, two year resident. He is new to the process and wants to get involved. It is surprising that the proposal doesn't come in any closer to the guidelines. The chair closed the public hearing. Derek addressed to the general audience and said this group in this room is not so different. We are all on the same boat. Some of the phone calls made were out of panic or plain ignorance. A lot of what came up was that HPC members don't care about Aspen. Derek said he doesn't want to see Aspen destroyed. We do have the idea of what preservation is. Preservation is keeping something alive in the course of changing times. If we can find a medium and balance and getting to a place where all sides are represented and we are conscientiously looking at what this means to the bigger pictwe of preservation which is the vibrancies and vitality of Aspen. What people feel is that we are loosing a special place of what Aspen is. We are working within a set of parameters and we will be conscientious in our decision making. Derek feels the massing and scale is close but he also understands the concerns of the third and fourth level. Regarding of where the facade of the wall has to sit at street level he is open to the idea of pushing the space back. The material palate is appropriate. Jason said the HPC is a voluntary board and we are here because we care about Aspen. We are here to protect our buildings. This building is not historic but it is historic in our hearts. Jason thanked the public for being part of the process. We are dealing with the new view of Aspen vs. the old view of Aspen. Aspen is a marketable place and this is an opportunity for Exhibit B 508 E. Cooper Ave. Subdivision Review ASPEN ffiSTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19, 2006 people to invest here. Maintaining the visual impact from the street is important. The existing entrance could be the airlock and raising the cornice will solve staff s problems and concems. Regarding the location of the glass facade, guideline 13.19 talks about repeating patterns along the block. With the building there is a recessed entryway. Possibly the front should be recessed instead of at the street frontage. There is a need to create for the public what Cooper Street pier looked like. The solid brick second story is true to what the secondary story looked like. Alison said we sit on this board because we do love Aspen and take a lot of time and thought with each project. Why things have changed fast is partly due to property values, they have sky rocketed. Also codes within the town change. Keeping the walls is wonderful and we are fortunate to have an architect who thinks about that. The changes in the second story and the lower cornice being the railing are appropriate. Alison said she likes the idea of the store front moving to the left and there should be anair-lock. The suggestion that a kick plate be added also enhances the project. Regarding the third story, it should be kept in line and the upper comice should be smaller. Jeffrey said he has similar concerns as staff. Relating to Chapter # 13 Jeffrey likes the concept of having a recessed seating area that is enclosed but he is still feeling that there is a strong representation to make that facade be at the original property line that was historic. The recessed entryway is recommended. The historic elements of the second course and the store front on the first story are very close to what the guideline intents are. The third and fourth floor needs additional study. Possibly the two story facade should be reconstructed as Amy mentioned. The concern is the height of the cornice and how it relates to the other context around it. Modifications to the third story would help the relationship to the pedestrian and the street and the scale of Aspen. Jeffrey said it is commendable that anyone should sit through a meeting in excess of 2 hours to voice their opinion. The height requirement has been met. Perhaps a study of a few corner relationships will help the overall mass and scale of the structure. Bill said the kick plate is very important and will be added. They will work on the upper floor and take down the height. 1'he idea was 14 feet on the first floor, 10 on the second, third and fourth. The national guidelines ask that we not replicate Victorians. The mason historic buildings have stayed and the wooden ones got torn down. 9 txhibrt ti 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF APRIL 19, 2006 MOTION.• Derek moved to continue the public hearing and conceptual development for 508 Cooper Ave. until June 14`x; second by Alison. Motion carried 4-0. Roll call vote: Jason, yes; Derek, yes; Alison, yes; Jeffrey, yes. 430 W. MAIN - WORKSESSION - NO MINUTES MOTION: Jeffrey moved to adjourn; second by Alison. All in favor, motion carried. Meeting adjourned at 7:30 p.m. 10 tXhlblt t3 508 E. Cooper Ave. Subdivision Review ASPEN ffiSTORIC PRESERVATION COMMISSION MINUTES OF JiJNE 14, 2006 .,_ rry Cavaleri requested to take out temporarily and salvage one column c the o bottom panels, kick plate of the store front in order to get dirt t of the bui ing. It appears that the column has already been moved ce. Alison asked w long it would take. Jerry said four wee with mechanized equi ent, 8 weeks without. Jeffrey said you are dea ' with an historical It is also in the middle of the commercial core. It ms very evas' and he cannot support it. Amy pointed out that the store fron s been changed and this might give him the opportunity to put it bac o it riginal state. Derek said anything we carfdo to expedite thi~s,~ie is in favor of. Jason said he wou allow it to be opened up but it t be restored back to the original st Jerry s~id~he can agree with Jason's recommendation. board decided to do a site visit. 508 E. COOPER AVE. -CONCEPTUAL -COMMERCIAL DEASIGN REVIEW AND DEMOLITION -PUBLIC HEARING Bill Poss and associates. Amy relayed that the applicant has made a number of changes. They raised the cornice to emphasize two stories. They brought down the height of the third floor component of the residential building. Staff feels there needs to be discussion about the ground floor storefront. Pushing the display windows back is not meeting the guidelines and maybe it is not the best long term solution. There is very little area in there to put tables in. If the intent is to do a restaurant then there should be operable windows. Staff is also concerned about the void that is created by having a long hallway which goes down the side of the building to access a basement space. We also brought up that the staircase column is very solid so we might want to discuss the materials. Amy also said the memo discusses the residential unit on the top. .. I, Unfortunately for the applicant they are the first project coming in proposing =xnioir is X08 E. Cooper Ave. Subdivision Review ASPEN ffiSTORIC PRESERVATION COMMISSION MINUTES OF JUNE 14. 2006 a fourth story. Our guidelines envision a 3 story building. I am not entirely sure how the boazd treats a building at this height. Possibly we acknowledge the building at least as being three stories with a minimal residential space on top. The stepping back is not necessarily consistent with the downtown and that area needs discussed. Staff recommends continuation. Mitch Haas, planner Mike Hall, project architect Andy Wisnosky, director of design Bill said the main issues aze the store front with the potential kick plate and whether the store front is forward or back. Raising the parapet which would reduce the impact of the residential unit on top. We looked at Amy's idea of having athree-story but looked at the history and all of the buildings at that era were set up with store fronts of varying height and parapets of varying heights. The initial intent was to preserve what is historical here and accentuate it. We tried to keep visibility to both historic walls. That is one of the reasons we were stepping the front back to expose the walls. We also stepped it back due to the political pressure of having the indoor/outdoor look. We can bring the store front forward if that is what we want to do for historic preservation. We can still have the indoor/outdoor look with opening windows. We are only 30 feet wide so we stacked the stairs. The cornice line was added and the residential unit is very subdued. Andy said there was concern about the fourth floor and how it impacted the character of the street. The fourth floor is set back twice as faz as is required. We are only required to be 15 feet back and we are 30 feet back. The design is a modern insertion between the historic walls. Bill said Amy has proposed a rain screen so that we can see through it but keep the rain out of the stair corridor. We proposed that the entrance appeared in the older era style and open but we can restudy it. Bill pointed out that the building no longer exists but the stair remained. Clarifications: txninit ti 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 14. 2006 Jason asked why the staircase isn't entered from the street. Bill said instead of having two stairs, one going. down and one going up we are stacking them. One goes up to the second level and we also didn't want to loose floor area. We are trying to have two exits and not have a third stair. We are using the stair to embrace the historic wall. Andy said coming from the side is a better solution when it snows etc. Alison asked about moving the store front forward. Andy said he elected to pull it back to provide for openness and make the wall more significant. Alison pointed out that the building to the east is four stories. Chairperson, Jeffrey Halferty opened the public hearing. There were no public comments. The public hearing portion of the meeting was closed. Sarah pointed out that our massing doesn't really deal with four stories. The massing and context of the building has been dealt with very well. Her concern is the street elevation. Historically, if the store front came to the front of the street it would conform to our guidelines. The dialogue with the -. brick walls is interesting but historically all you really saw were the ends. •. •~ Exposing it is interesting but we need to look again where the positions of the windows area. Where the third and fourth story steps back is very interesting. Alison also agreed that the third and fourth story is in better scale with the rest of the street. The 3D model is great. It helps you perceive how the building looks from the street. She is torn on the store fronts. There is mixed history for the past 30 years where buildings are stepped back. But to go with the guidelines, moving it forward and having windows that open the way that they do at Ute City Bank would give you more rentable square feet and maybe useful all year. The entire project is an improvement. Derek said massing and scale work with our guidelines. This is an empathetic solution to what is going on with its surroundings. One area of concem from a functionality point is the use of the outdoor space and how that works with a side access door. Jason said the massing changes are a great improvement. With regards to the Cooper Street Pier what made it work was the sliding panel door because it is such a narrow space. We talked about moving the panels to the street 8 cxniui~ rs 508 E. Cooper Ave. Subdivision Review ASPEN ffiSTORIC PRESERVATION COMMISSION MINUTES OF JUNE 14, 2006 fagade at the last meeting. For me it is a bigger issue with the new wall scheme and why can't it be seem from the inside and reconfigured. Jeffrey said we struggle with the property line at street level. Exposing the party walls is a nice gesture but we would prefer to keep it as much as we can as a public amenity. He can understand how you engage into the public/private space. The improvement of the cornice lines with their horizontality is helpful. The rain screen might cause too much attention to the historic walls. The reduction in height is in conformance with our guidelines. Mitch said we tried to pay homage to the evolution of the building with the two side walls from the original building. The front is paying homage to what has been there the last 30 years. Sarah said this building has always been a solid building so why are we eroding it with a store front step back. It is very clear that the buildings were at street level. Even the ones across the street have the historic pattern. Bill said we were working with a political out cry and we do not know what is going to be in that space and we can restudy the storefront and if it is the consensus of our guidelines to keep that straight we will. MOTION.• Derek move to approve Resolution #1 S for 508 E. Cooper with the condition that the fenestration of the facade element of the first level be restudied; second by Jeffrey. Derek pointed out whether you access from the front or side the mass and scale remain the same. Jason said he doesn't want it set in stone that the louver will be closed off and the hallway left open. The doors could also change. Amy clarified that the motion includes -major development, conceptual, commercial design review and demolition. Derek said the motion also includes the access of the stair. They are all interconnected. Jason said we talked about movable panels which change the scope of the design and there is the question of the difference in theory of entering where cxrnoi[ rs 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 14, 2006 .-.. the louvers are and having the whole fagade go through a corridor. Jason M - said he would rather have the two issues figured out before we approve demolition. Roll call vote: Jason, no; Derek, yes; Alison, yes; Sarah, no; Jeffrey, no. Motion dies 3-2. MOTION: Derek moved to continue 508 E. Cooper, conceptual and public hearing until July 12, 2006; second by Jason. Roll call vote: Jason, yes; Derek, yes; Alison, yes; Sarah, yes; Jeffrey, yes. Motion carried. S-0. stated that the revised plans are much simpler and the trail has bee mov away from the historic building. They only thing brought up ' the plant rials. There is a very limited plant palate, some lilac b es that are native t the period and staff feels we should stick to what as existing. Possibly low edges should be used instead of deciduous ees. Stan Clausen & asso ' tes. Stan said the new desi as incorporated the bio- tention storage which is a very successful solution storm water m ement on the site. We worked with the same type o ant palate i 'tially that was approved by City Council. There is a clear view to a hi ric resources. There is a considerable amount of grade differe e. An ornamental seed mix will be used and two locations for signa at th ntry to the public areas of the pazk. We request that a monit be assigne to work with us on the signage. We also incorporated back s benches and w ld like HPC's guidance on the design. With respec o guideline 1.13 if the azd feels the row of Aspen trees is too m we can make substitutions. Brain Flynn, F s Dept. said the park now has a very acti and passive use to it. The c eny and maple trees proposed add color to the sc e. erson Jeffrey Halferty opened the public hearing. There were comments. The public hearing portion of the meeting was cl~ 10 1508 E ~ Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 12, 2006 said he would like to see if there is a way to have the historic bui ' incorpora ith the other structures. Derek said his concern is inQ the location o museum and what is the master plan. MOTION: Derek moved t ntinue Willoughby Lift 1$arklSkier Chalet Steakhouse is hearing until August 9, 2006; s d by Jason. Roll call v uson, yes; Derek, yes; Alison, yes; Sarah, yes; e e. Mo ~ carried 5-0. 508 E. COOPER -CONCEPTUAL -MAJOR DEVELOPMENT COMMERCIAL DESIGN REVIEW AND DEMOLITION -PUBLIC HEARING Bill Poss and Associates Mitch Haas -Planning consultant Bill relayed that at the last meeting direction was to restudy the store front and the entrance to the upper levels of the building. The plan has a recessed entry in the center of the store front with a kick plate and glass store front underneath. We have enclosed and made a private residential entry on the side. Sara said basically the applicant addressed all the comments and staff recommends approval. The store front was brought forward. Bill said it is a great building and the store front actually adds to the design. Chairperson, Jeffrey Halferty opened the public hearing. Derek thanked the applicant for all the effort they put into the process and the project is fantastic and the applicant was very responsive to our concerns. Jason and Sarah agreed that the project meets the guidelines. Alison said the store front matches exactly what the guidelines say. 10 Exhibit C 508 E. Cooper Ave. Subdivision Review ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JULY 12, 2006 Jeffrey relayed that Chapter 13 and 14 have been adhered to. The modifications have helped its mass and scale. MOTION.• Sarah moved to approve Resolution #17 for 508 E. Cooper Ave. as presented tonight, second by Derek. Roll call vote: Jason, yes; Derek, yes; Alison, yes; Sarah, yes; Je,Jj`rey, yes. Motion carried 5-0. • 1~RT1UTt/ CD 1 !'~L~ A 1~T7\ 1777`. 777 D7 AND DTi 777L`l77 DiTa7 7!~ I -Genre building -fire wall. Amy plained that staff feels there has been a lot of progress on the roject. At the la hearing there were a few things asked to be restudied: educe plate heigh and pulling in the width of the upper floor to min' 'ze the intrusion of th Hotel Jerome view plane. Restudy breakin a building into two 30 foot odules. Allow enough space between a new construction and th enre building for maintenance to ensure that the historic siding would n t have to be removed. The plicant has clearly done a few of these thing reduced the plate hei is and they have also created the shadow line that as requested. S is still concerned that a couple things are not resolved.~i to the Genre building and architec against that building. Genre is an Staff also feels that the side walls pulled in on the lower but not th Office feels strongly that the 'ev that concept of negligible i pact ~ additio breathing room has been given rally ' is not appropriate to butt up his 'c landmark and this building is not. e t been resolved. They have been ull dept of the building. The Planning plane is im ortant and HPC should take very seriously: Charles Cunniffe, arc ~tect stated that HPC verbalize hat if we reduce the plate height by a f t then the view plane would be a no 'ssue at the last meeting. We h e cut off some square feet and cut down t plate heights to accomplish t t. We are now down to a 3.3 in the view plane. a view plane is a tding view plane. Charles pointed out that when the ttages on Main S eet come before HPC they will want to add two stories. second issue is the breaking up the front facade and we have mnlished that. 11 :xhibit C i08 E. Cooper Ave. Subdivision Review II~IIIIIIIIIIIIIIIIIIII IIII 526958 Page: 3 of 3 07/28/2008 11:!81 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 18.00 D 0.00 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL), DEMOLITION AND COMMERICAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 508 EAST COOPER STREET, A PORTION OF LOTS L M, AND N, BLOCK 95, CITY AND TOWNSITE OF ASPEN, COLORADO. RESOLUTION NO. 17, SERIES OF 2006 PARCEL ID: 2737-182-24-007. WHEREAS, the applicant, Joshua Saslove, represented by Poss Architecture + Planning and Haas Land Planning, has requested Major Development (Conceptual), Demolition, and Commercial Design Review for the property located at 508 E. Hopkins Avenue, a portion of Lots L, M and N, Block 95, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a demolition, according to Section 26,415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The stluctwe is not structurally sound despite evidence of the owner's efforts to properly maintain the structwe, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectwal, archaeological, engineering or cultural significance, and Additionally, for aanroval to demolish, all of the followine criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and Exhibit C 508 E. Cooper Ave. Subdivision Review IIIIIII VIIIIIIIII III VIIIIIIIIII~ 079 89006 11:161 JRNICE K VOS CiIUDILL PITK[N COUNTY CO R ]6.00 D 0.00 b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, azchitectural or aesthetic relationship to adjacent designated properties and c. Demolition of the structure will be inconsequential to the historic preservation needs of the azea; and WHEREAS, for approval of Commercial Design Review, HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.412 of the Municipal Code, that the project conforms with the following criteria: 1. The proposed development meets the requirements of Section 26.412.060, Commercial Design Standazds or any deviation from the Standards provides amore-appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from the Standards. Compliance with Section 26.412,070, Suggested Design Elements, is not required but may be used to justify a deviation from the Standards. 2. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial Design Standards, to the greatest extent practical. Amendments to the fagade of the building may be required to comply with this section. 3. For properties listed on the Inventory of Historic Sites and Structures or located within a Historic District, the proposed development has received Conceptual Development Plan approval from the Historic Preservation Commission, pursuant to Chapter 26.415. This criterion shall not apply if the development activity does not require review by the Historic Preservation Commission; and WHEREAS, Sara Adams, in her staff report dated July 12, 2006, performed an analysis of the application based on the standazds, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval; and WHEREAS, at their regular meeting on July 12, 2006, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of5to0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval for Major Development (Conceptual), Demolition, and Commercial Design Review for the property located at 508 East Cooper. Street, a portion of Lots L, M & N, Block 95, City and Townsite of Aspen, Colorado, as proposed with the following conditions; 1. A development application for a Final Development Plan shall be submitted within one (I) yeaz of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole Exhibit C 508E Cooper Ave. Subdivision Review discretion and for good cause shown, grant aone-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of July 2006. Approve Form: David Hoefer, Assistant Ci Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION G~`~ Kathy Stt ckland, Chief Deputy Clerk IfuII IIIuI IuI I 526958 JANIiiVIIIIIIIIIIm III~IIIIIIgIUIIII~~Ulllllyl 07/28/2008 12:181 R 16.00 D 0.00 xhibit D X08 E. Cooper Ave. Subdivision Review Aspen Planning & Zoning Commission Meeting Minutes -March 20, 2007 ied there was a staircase from the east side of the structure; there was very 1' natura ht; it was one large room with a couple of secondary walls. asked if the 00,000.00 was based on a category 3; she asked wher a number came from. Chr- ndon responded that in the housing guide ' there were housing square footage uirements for mitigating co cial space. Hall said there was a provision in the c for the buy out of it in a single family home. MOTION: Dylan Johns moved to appr Resolution #007-07 for a Substantial Amendment to Growth Manageme approva 111 West Hyman Avenue with a modification to Section 2 str' ' g the requirement o ditional mitigation fee based upon the 195 s e feet difference. Steve Skadron onded. Roll call: Guthrie, yes; Ers er, no; Skadron, yes; Johns, yes; Kruger, y APPROVED 4-1. PUBLIC HEARING (3/8/7): COOPER STREET PIER REDEVELOPMENT Ruth Kruger opened the continued public hearing on Cooper Street Pier Redevelopment. Jessica Garrow stated the applicant was Joshua Saslove represented by Mitch Haas and Poss Architecture. Garrow noted P&Z was charged with Growth Management for new commercial space in a Mixed Use building; Growth management for free market units in a Mixed Use building; Growth Management Review for affordable housing and Special Review to vary the trash, utility and recycle area. P&Z will make a recommendation to City Council on Subdivision. Garrow said the applicant will also go through multi-family replacement with an administrative review. The property was located in the commercial core, a historic district, and was reviewed by HPC for conceptual design review and commercial design standards. The lot was 2,842 square feet and currently houses a Mixed Use building including 1 free market unit and 4,373 square feet of net leaseable area. The redevelopment proposal was for a mixed use building with 3,827 square feet of net leaseable area and I free market residential unit at 2,008 square feet; the application was submitted prior to Ordinance 12-06 so it does not have to abide by the 2,000 square foot limit on multi-family units in the Commercial Core Zone District. The height of the building was proposed at 34 feet along Cooper Avenue and 44 feet at the top floor; the total FAR was 2.5 to 1 with commercial FAR of 1.5 to 1 and free-market at 1 to 1. Garrow said the existing building generates 15.05 FTEs and the proposed redevelopment will generate 13.13 FTEs resulting in a reduction in the FTEs generated by the development therefore there was no affordable housing mitigation 8 t=xnibit u 508 E. Cooper Ave. Subdivision Review Aspen Planning & ZOninE Commission Meetine Minutes -March 20, 2007 required and staff finds the redevelopment meets the criteria for commercial space in a mixed use building. Garrow said there was Growth Management for a free market unit in a mixed use building. The existing development includes a single one-bedroom free market unit in a mixed use building at 1,966 square feet of net livable space; the proposal includes a single free market unit with 2,008 square feet of net livable. The redevelopment generates a total of 42 square feet of net livable space and the mitigation requirements in the growth management review require the applicant to mitigate 30% of the new square footage provided; that requirement would be 12.6 square feet. The applicant proposed and the Housing Board recommended that this requirement be satisfied with acash-in-lieu payment, which is just under $4,000.00 and will go into housing fund to buy down other units. Garrow said the next Growth Management review was for affordable housing, which was satisfied with acash-in-lieu payment and staff felt this met the review criteria. Garrow said there was a Special Review to vary the trash, utility and recycling area; due to site specific constraints the applicant requested special review to vary the dimensions of this area. The code required atrash/utility/recycle area that measures 15 feet in width (along the alley), 10 foot in depth and 10 foot clearance; this lot has only 2.34 linear feet in the alley. The applicant acquired an adjacent parking space so the total alley frontage was 9.5 feet for the trash/utility/recycle area; the depth was 17.5 feet; the total of the trash/utility/recycle area 166.25 square feet, which exceeded the required. Staff recommended approval. Garrow said that Subdivision met all of the criteria and the site was appropriate for development and the proposal was consistent with the character of the area and uses in the area and met the goals of the Aspen Area Community Plan. The proposal placed new development inside the urban growth boundary, promotes transportation goals by providing development in close proximity to transit routes and does not require Growth Management Allotments. Garrow said the Multi-family replacement was an administrative review; the applicant will pay almost $311,000.00 allocated to the housing fund; the total the applicant will pay is $314,975.43. Staff recommends approval of the project. Mitch Haas, planner for the applicant, stated the existing property was quite small and constrained at 2800 + square feet with a flagpole shape extending to the alley. Haas said the basement was a restaurant and the ground floor was the Cooper Street Pier with a mezzanine level and above that was a residential rental unit that 9 CXhIDIt U 508 E. Cooper Ave. Subdivision Review Asaen Plannin¢ & Zonin¢ Commission Meeting_Minutes -March 20 2007 has been there for some time. Haas said the proposal was essentially a clean redevelopment and the property has been through HPC even though the property was not designated historic but just within the Commercial Core. Haas said that they did engage in a historic preservation effort that was not required. The proposal was a basement level and 151 level of commercial use with an open azea that would look down to the 1st floor and the east side was circulation and common areas (stairways). There was a reduction in the net leasable commercial square footage so there were no affordable housing or parking mitigation requirements; the existing property has no parking whatsoever. Haas said in the basement level there would be a passage through the basement easterly wall to the parking garage next door to be able to use 2 parking spaces. They have acquired one of the parking spaces in the back to use as a trash service area but could not meet the 15 foot requirement for the alley frontage; the requirement for trash service/utility area was 15 feet by 10 feet or 150 square feet; they are providing 166 square feet. Haas said that they were providing 2 parking spaces next door. Haas noted the total mitigation for affordable housing was 12.6 squaze feet of affordable housing so they were providing cash-in-lieu. The multi-family replacement requirement was an administrative review. Haas stated that the city designated a view plane from this property and the city requested street trees planted right in front of the view plane. Andy Wisnoski, architect, stated that this was a constrained challenging site being land locked on both sides; the building fronts one direction. The vertical circulation plan was new to this proposal with two means of egress from the building with an elevator in the center. Wisnoski provided the history of the building beginning when it was originally built in the late 1800s and the building burnt down or collapsed from decay during the 1940s; he provided photos and somewhere in the 1960s it was brought to the way the building sits today. Wisnoski said that the two brick walls were all that was left of the original building, which maintains an important piece of the history of this particular building. Wisnoski explained the architecture and showed what the code allows in height for this building; the proposed building fits into the neighboring building heights along the street. Wisnoski said there was a penthouse on the top floor. LJ Erspamer asked about the tree placement. Jessica Garrow responded that Parks requested street trees added in specific locations. Garrow said the placement of the tree does not hinder the view plane and will not have a negative impact on that view plane; it was not a land use but a landscaping feature. 10 Exhibit D 508 E. Cooper Ave. Subdivision Review Asaen P-annine & Zonins? Commission Meeting Minutes -March 20, 2007 Steve Skadron said that he found himself conflicted by the HPC conceptual approval and requested clarification on the HPC Resolution Criteria A that said the structure does not contribute to the significance of the parcel. Skadron felt that the pedestrian amenity space contributed to the parcel and brought vitality to area. Garrow said that the HPC went through a number of iterations at conceptual; the design added operable windows along the street frontage and could potentially be a restaurant again. Haas said there were 3 HPC hearings; the first form was similar to the existing space but HPC did not approve that iteration. Wisnoski said the can ent thinking within the commercial guidelines was that in this zone district the building should front the street; the only setback was for the door very similar to the original building. Jason Lasser explained historic building form. Ruth Kruger inquired about the view plane designated for that amenity space. Haas said that he did not want to belabor the street tree. Garrow noted that P&Z could recommend the street tree be removed. Skadron asked if condominiumization was to solely demark ownership. Garrow replied that there would be different ownership within the building. LJ Erspamer asked if the space was vented for a restaurant. Wisnoski replied at the time it was not but it can be. David Guthrie asked the highest point of the building and the buildings next to it. Ruth Kruger asked why it was an administrative review for the multi-family replacement. Jessica Garrow replied that was the way it was written in the code. Kruger asked for the how and why that happened for the next meeting. Kruger said that she hated to see the commercial space get so small. Haas said the basement had commercial space and it was mitigated as net leaseable. Kruger asked if the parking was purchased in the building next door. Andy Hecht replied that there were parking spaces in the back of the building next door that were purchased and 2 spaces in the basement. Kruger asked what the construction management plan for this constrained site was. Haas responded that very detailed construction management plans would be required before a building permit would be issued. Public Comments: 1. Toni Kronberg, public, said that the attractiveness of this spot was all of the sunshine and did not want to see this go to a referendum. Kronberg said that restaurants were an amenity and the trees were an impediment to the shopping experience. Kronberg applauded the first design but not the current. cxniuu v 508 E. Cooper Ave. Subdivision Review Aspen PlanuinE & Zonin¢ Commission Meeting Minutes -March 20.2007 Garrow commented that she would like to add that there were 7 parking spaces provided by the redevelopment. Skadron complimented the applicant on the aesthetic improvement of this building and attempting to capture the structural components. Skadron said that he could not support this because he did not feel that it met the fundamental goals set forth in the Aspen Area Community Plan specifically it fails in creating social interaction, it fails in promoting lifestyle diversity and it fails in encouraging a diverse retail environment and makes it more restrictive. Skadron said that it does not meet criteria A for Subdivision or for the growth management for free-market residential units. Guthrie mentioned the store fronts in other western historic towns with big street windows had restaurants. Guthrie said the walls were the best part of that building. Guthrie said that was a terrible place for another tree and suggested putting another tree somewhere else. Erspamer said the project that he liked has the front setback. Wisnoski said the windows would open. Kruger said that she had a problem because the view plane was created for a pedestrian amenity and she could not see having the view plane without the pedestrian amenity. Garrow clarified the view plane by saying that they originate at one point and fan out and up in elevation; the view plane does not originate on the Cooper Street property but at a point on the right-of--way; same with the Courthouse, Wheeler and Jerome. Garrow stated the view plane starts off of the Cooper Street property and goes up. Motion: Steve Skadron moved to continue the hearing on Cooper Street to May 1 S`; seconded by David Guthrie. All in favor, APPROVED. Adjourned at 7:05 pm. ~~ Jackie Lothian, Deputy City Clerk v' 12 cxniuu v 4508 E. Cooper Ave. Subdivision Review ` ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES Mav Ol. 2007 Ruth opened the regulaz Planning & Zoning meeting at 4:40 pm in the Sister Cities Meeting Room. Commissioners Brian Speck, LJ Erspamer, Steve Skadron and Ruth Kruger were present. John Rowland, David Guthrie and Dylan Johns were excused. Staff in attendance: Joyce Allgaier, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger inquired about the website not being updated; tonight's meeting was not even posted. Kruger also stated that it would be good if the City Council Grassroots telecast could be viewed online and that the Grassroots phone number was incorrect; she commented that Snowmass had a playback option. CONTINUED PUBLIC HEARING (03120/07): COOPER STREET PIER REDEVELOPMENT - 508 EAST COOPER Ruth Kruger opened the continued public hearing for Cooper Street Pier redevelopment: subdivision, special review, multi-family replacement and growth management review. Jessica Garrow provided a brief overview being that Planning & Zoning was charged with 3 Growth Management Reviews: one for new commercial in a mixed use building; one for free-market units in a mixed use building and one for affordable housing. There was a Special Review to vary the trash, utility and recycle area and recommend to Council the Subdivision request. Garrow said the property was located in the Commercial Core, which is a historic district; the design of the building was not under the purview of Planning & Zoning but rather the Historic Preservation Commission. Garrow said the lot was 2,842 square feet with a mixed use building and the proposal was to replace this with another mixed use building, which would include one free-market residential unit. This application was submitted prior to Ordinance 12 so it therefore did not have to abide by the 2,000 square foot limit on multifamily units; the free-market unit was only 8 square feet above the 2,000 square foot limit. Staff recommended approval and the proposal met every code requirement. Garrow said that the owner of this property has entered into an agreement with the adjacent property owner to use some of the alley spaces to increase the size of the trash, utility and recycle area and the redevelopment would have 2 parking spaces. 2 xhibit D 508 E. Cooper Ave. Subdivision Review ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES Mav Ol. 2007 Garrow said the Parks Department requested a tree be placed in front of the store windows and P&Z requested the tree not be placed in the view plane; the reference for this tree will be removed from the resolution, Section 12 of the resolution was specifically for existing street trees or trees on adjacent properties that may be impacted by the construction on this site. Ganow said in Section 1 there was a typo, which should be 37 feet instead of 100 feet. The multifamily replacement was included to the code during the infill amendment and this was included as an administrative review. In the future this will be a planning & zoning review. Steve Skadron asked if there were any significant changes to this project. Garrow responded the only changes were the elimination of the street tree and addition of parking. Mitch Haas said there were no issues with the staff recommendations and want to work towards solutions for issues. Haas noted the constrained site was boxed in on three sides and the requests for special review were out of necessity. Haas said the HPC approval does not allow the building street front to be moved back. Haas said the free-market unit went up by about 40 square feet. The affordable housing mitigation was 12.6 square feet of mitigation, which it seemed only logical to propose cash-in-lieu given the site constraints. Andrew Hecht said that if the recessed front was important from the original plan then Council could tell HPC to amend their decision. LJ Erspamer said that Andrew brought up a good point and they were all concerned about that store front and it was the process. Ruth Kruger said it was a shame when the HPC and P&Z have differences. Kruger said that she liked the project but would continue to be mystified at how there can be a view plane from a private property, which was a code matter. MOTION: Brian Speck moved to approve Resolution #6, series 2007, approving with conditions, the three (3) Growth Management Reviews and Special Review under the purview of the Planning Commission and recommending City Council approve with conditions the subdivision of S08 East Cooper with the amendments of Section 1 the minimum lot width was 37 feet, Section 12 providing clarifying language of the street trees and Section S the approval date of May 1. Seconded byLJErspamer. Roll call; Skadron, no; Speck, yes; Erspamer, yes; Kruger, yes. ,4PPROYED 3-1. _nniuu v i08 E. Caoper Ave. Subdivision. Review ASPEN PLANNING & ZONING COMMISSION MEETING MINUTES Mav Ol, 2007 Discussion of vote: Skadron said that there was merit to this project; the free- market unit could have gone bigger and appreciates that it was not; the preservation of the historic internal element was commendable; improving the overall aesthetic of the building will go along way for the community. Skadron said the reasons that he voted no were stated in the minutes of March 20`h. The minutes would be approved at the next meeting. Adjourned at 5:15 p ckie Lothian, Deputy City Clerk 4 Exhibit E, P&Z Resolution 508 E. Cooper Ave. Subdivision Review RESOLUTION N0. 6 (SERIES OF 2007) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS THREE GROWTH MANAGEMENT REVIEWS, SPECIAL REVIEW, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS SUBDIVISION AND COMDOMINIUMIZATION FOR 508 E. COOPER AVENUE, LOTS L, M, N, BLOCK 95, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2737-182-24-007 WHEREAS, the Community Development Department received an application from Joshua Saslove, represented by Haas Land Planning, LLC, requesting approval of three (3) Growth Management Reviews, Subdivision Review, and Special Review to construct amixed-use building consisting of 4,263 square feet of commercial space, and one free-mazket residential unit; and, WHEREAS, the Applicant received Commercial Design Review Approval from the Historic Preservation Commission on July 12, 2006; and, WHEREAS, the subject property is zoned CC (Commercial Core); and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on Mazch 6, 2007, the Planning and Zoning Commission opened and continued the public hearing to Apri13, 2007; and WHEREAS, during a duly noticed public hearing on Mazch 8, 2007, the Planning and Zoning Commission made a motion to reconsider the continuance date, and WHEREAS, during a duly noticed public heazing on Mazch 8, 2007, the Planning and Zoning Commission continued the public hearing to Mazch 20, 2007; and WHEREAS, during a duly noticed public hearing on Mazch 20, 2007, the Planning and Zoning Commission continued the public hearing to May 1, 2007; and WHEREAS, during a duly noticed public hearing on May 1, 2007, the Planning and Zoning Commission approved Resolution No.006, Series of 2007, by a three to one (3-I) vote, approving three Growth Management Reviews for the development of a mixed-use building that includes commercial space, and free market housing, Special Review, and recommending that City Council approve with conditions the proposed subdivision and condominiumization to construct amixed-use building consisting of one (1) free-mazket residential unit and 4,263 square feet of commercial space located on the property at 508 E. Cooper Ave, Lots L, M, N, Block 95, City and Townsite of Aspen, CO; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Page 1 of 6 Exhibit E, P&Z Resolution 508 E. Cooper Ave. Subdivision Review 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 firrthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1• Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions a Growth Management Review for the development of a mixed-use building; a Growth Management Review for the development of free-mazket housing; a Growth Management Review for the development of affordable housing; and, Special Review to vary the dimensional requirements for the utility/trash/recycling area, all in order to construct a mixed-use building consisting of one (1) free-mazket residential unit and 4,263 square feet of commercial space located on the property at 508 E. Cooper Ave, Lots L, M, N, Block 95, City and Townsite of Aspen, CO. The use mix and dimensional requirements shall comply with the CC zone district, as described in the staff memorandum and included in the chart below. Specific square footage requirements may be amended provided compliance with the CC zone district is maintained. Hsional' fed tensional Underlying Commercial (CC} Zoine District Rete~# ` R+~giifi~nts R~tarements Minimum Lot 2,842 sq. fr. No requirement Size Minimum Lot 37 Feet No requirement Width Minimum Lot N/A No requirement Area/Dwelling Minimum 0 Feet No requirement Front Yard Setback Minimum Side 0 Feet No requirement Yard Setback Minimum Rear 0 Feet No requirement except trash/utility service area Yazd Setback shall be required abutting an alley, pursuant to Section 26.575.060 Maximum Building: 34 Feet along Cooper 42 feet for all azeas of the property. Height Ave 44 Feet for top floor (setback 46 feet for azeas setback 15 or more feet from from ro ert line) lot lines adjoining a Street right-of--way. Minimum N/A No requirement Distance between Page 2 of 6 Exhibit E, P&Z Resolution 508 E. Cooper Ave. Subdivision Review x -T ~ } ~ ~ NLaE ~-~ t#O ~~ ~ Y:JIN{1 {{eta... t 'M ,;c..ar ..yr, ~ ,arc - - Buildings on Lot Pedestrian Cash-in-Lieu fee of $50 per 1000 Pursuant to Section 26.575.030, Pedestrian Amenit S ace s uaze feet = $14,210for this lot Amenity Section 2: Plat and Agreement Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council grant subdivision approval and that, should City Council grant subdivision approval, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. If Subdivision approval is granted by City Council, the final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance, P&Z Resolution, and HPC Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's requirements. The CMP shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The CMP shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging azeas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. e. Accessibility and ADA requirements shall meet adopted building code requirements. f. An approved Landscape Plan. Section 4: Dimensional Requirements The building as presented in the plans contained within the application dated September 2006, complies with the dimensional requirements of the Commercial Core (CC) zone district. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Page 3 of 6 Exhibit E, P&Z Resolution 508 E. Cooper Ave. Subdivision Review The trash/utility azea shall have an alley frontage of nine and a half (9.5) linear feet with a ten (10) foot vertical clearance, and seventeen and a half (17.5) feet in depth, as identified in the plans approved through Special Review by the Planning and Zoning Commission on May 1, 2007. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy on any of the units within the development. Section 7: Affordable Housin¢ The affordable housing mitigation requirement shall be satisfied with a payment of cash-in- lieu for 12.6 squaze feet of affordable housing at the Category 4 level. The cash-in-lieu shall be paid at the time of building permit and shall be earmarked for APCHA's use to "buy down" existing deed-restricted units or proposed deed-restricted units to lower categories. Section 8: Off Street Parkins The Applicant shall provide two (2) off street parking spaces on the adjacent property to the east to be used as parking for 508 East Cooper. Section 9: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 10: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections (roof, foundation, perimeter, patio drains) aze not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Oil and Grease interceptors (NOT traps) are required for all food processing establishments; locations of food processing shall be identified prior to building permit; even though the commercial space will betenant-finished, interceptors will be required at this time if food processing establishments are anticipated for this project. d. Oil and Sand sepazators aze required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through oil and sand interceptors. e. 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 Page 4 of 6 Exhibit E, P&Z Resolution 508 E. Cooper Ave. Subdivision Review 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. f Landscaping plans will require approval by ACSD where soft and hazd landscaping may impact public ROW or easements to be dedicated to the district. g. All ACSD fees must be paid prior to the issuance of a building permit. h. The glycol heating and snow melt system (if any) must be designed to prohibit and discharge of glycol to any portion of the public and private sanitazy sewer system. Any glycol storage areas must have approved containment facilities. i. Soil Nails aze not allowed in the public ROW above ASCD main sewer lines. j. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 11: Exterior LiHhtin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 12: Landscaaina The following conditions shall apply to any affected street trees or trees located on adjacent property affected by construction. a. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into tree protection zones. b. Prior to issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals shall be satisfied through planting of street trees adjacent to the site or through payment of cash in lieu. c. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. Section 13: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a pazk development impact fee prior to building permit issuance. The fee shall be calculated according to the fee schedule in Land Use Code Section 26.610.030, Fee Schedule, in place at the time of building permit. Section 14: Pedestrian Amenity Cash-in-Lieu Fee Pursuant to Land Use Code Section 26.575.030, Pedestrian Amenity, the Applicant shall pay acash-in-lieu fee for pedestrian amenity in the amount equal to ten percent of the lot area prior to building permit issuance. The fee is assessed based on the following calculation: Lot area = 2,842 square feet 10% of Lot Area = 284.2 square feet Page 5 of 6 Exhibit E, PSZ Resolution 508 E. Cooper Ave. Subdivision Review Payment = $50 x 284.2 sguaze feet Pedestrian Amenity Cash-in-Lieu = $14,210.00 Section 15: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the mazket value of the land including site improvements, but excluding the value of structures on the site. Sectionl6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public heazing or documentation presented before the Planning and Zoning Commission or City Council, aze 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 17: 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 18: 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 1st day of May, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Ruth Kruger, Chair ATTEST: Jackie Lothian, Deputy City Clerk G:\city\Jessica\Cases\Cooper Street Pier\P&Z\Staff PZ Reso5.1.07.doc Page 6 of 6 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review MEMORANDUM To: Development Review Committee From: Alex Evonitz, Com. Dev. Engineer Date: December 13, 2006 Re: 508 Cooper Street, Cooper Street Pier Redevelopment The Development Review Committee (DRC) has been asked to review the proposed Cooper Street Pier redevelopment at the December 13, 2006 meeting. The DRC has compiled the following comments: Attendees; Jessica Garrow, City Planner; Aaron Reed, Engineering; Phil Overeynder, Public Works; Todd Grange, City Zoning; Denis Murray, City Building; Ed VanWalraven, AFPD; Stephen Ellsperman, Public Works; Trish Aragon, Engineering; Adam Trzcinski , Engineering; Chris Forman, City Parks; Brian Flynn, City Parks; Mitch Haas, Haas Land Planning Building Department-Denis Murray; • Efficient Commercial Building requirements effective at the time will be enforced at the time of building permit. If they are in place, the Applicant will need to meet these standards. • Cannot have an opening on a property line. The basement level as designed does not meet building codes. • Not certain the exit from the first floor to the alley meets requirements regarding required protection. Please confirm conformance with requirements prior to building permit. • A Construction Management Plan meeting the requirements of the City will be required at pre-submittal. Fire Protection District - Ed VanWalraven; • Sprinklers for life safety are required. • The line will need to be sized large enough so fire pumps are not required. • Please confirm the location of the dumpster from the building. There could be problems with it's location -could mitigate with sprinklers in a covered trash/utility/recycle area • Alarm systems need to be included in the project. Engineering Department - Tricia Aragon, Adam Trzcinski; • A Comprehensive CMP is required. Coordinate cranes, etc. • Will need to address the Cooper Avenue sidewalk usage in the high season. • Will need to examine how Storm Water is conveyed, and work with the Engineering Department accordingly to determine what will be required. • Dry Wells may not be the appropriate solution on this site. Please work with the Engineering Department on a proposal. • The curb should remain in it's existing condition. There is a 2°/u slope from the building to the sidewalk that should be retained Page 1 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review Construction Management-Aaron Reed; • Avery specific CMP is required for this project. Creative staging will be necessary. Staging is not permitted in the alley. A copy of the CMP requirements is available in the City Com. Dev. office • There are standards regarding time periods construction may occur. Please reference Title 21 of the Municipal Code. Parks -Brian Flynn; • Applicant is required to make improvements to the City ROW through the installation of a new street tree, evenly spaced between the two existing trees located in front of the neighboring properties. o If the sidewalk is kept in tact and does not require replacement then the applicant will have to work with the Parks Department to saw cut a new tree well. o If the sidewalk is replaced in any manner the applicant will be required to install a structural tree trench within the tree planting zone. Trench materials, size and location will require approval of the Parks Department. • Applicant is required to install new irrigation to the new tree planting and if possible to the two existing trees depending on the extent of any new tree trench. Community Development Engineer - No Attendance; Aspen Consolidated Waste District -Tom Bracewell; • Oil and Grease interceptors are required for all new and remodeled food processing establishments. Retrofitting will not be permitted. • Will need a good storm water management plan that details where the trench drain will go and all details associated with its placement. Retrofits to existing site will be required in order to meet all current standards. • Separate drains are required. • The current surface drain is a problem. Please examine and make into a pump system on both sides of the alley. • Provide all detailed utility plans to the department. • Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at time of construction. • Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. • A wastewater study flow will be required for this project to be funded by the applicant. • All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entranced to underground parking garages. • Oil and Sand separators are required for public vehicle parking garaged and vehicle maintenance facilities. The elevator drains must also be plumbed to the O/S interceptor. • On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. • On-site sanitary sewer utility plans require approval by ACSD. Page 2 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review • Plumbing plans for the pool and spa areas require approval of the drain size by the district. • Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. • Plans for interceptors, separators and containment facilities require submittal by the applicant prior to building permit. • When new service lines are required for existing development, the old service lines (5) must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of an ejector pumping system. • Generally 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 areas covered by sewer easements or right of ways to the lot line of each development. • All ACSD total connection fees must be paid prior to the issuance of a building permit. • Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated 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 additional development would produce flows that would overwhelm the planned capacity of the existing collection system, and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). 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 (Separate Recommendation provided) Parking - No Attendance Asset Management - No Attendance Zoning -Todd Grange; • External lighting will need to be addressed • Provide a detailed explanation of the fees required and paid, as well as cash-in- lieu payments, at the time of building permit Environmental Health - Jannette Munson; The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the Citv of Aspen, and has the following comments. Page 3 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review 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". Using standard Institute of Traffic Engineers Trip Generation Rates this development will on the air quality. of this development will NOT have a pernicious (negative) effect REMINDERS FOR OTHER ENVIRONMENTAL HEALTH CONCERNS: 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: TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate wildlife protection. We recommend recycling containers be present wherever trash compactors or dumpsters are located due to the City of Aspen's new Waste Reduction Ordinance, Chapter 12.06. The applicant has not provided adequate space for utilityltrash/recycling services. Given the Environmental Health Department's experience with businesses in the commercial core, a dumpster for cardboard will be need. For the type of uses proposed for this building, a total of at least 20-27* square feet of the utility/trash service area is recommended for recycling facilities. This may require the use of two parking spaces, such that the containers can be easily accessed by both the users and the trash and recycling haulers. * 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 atoter = 5sq. ft and at most need a cardboard dumpster = 12sq.ft (3'x4'). The applicant is also 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. 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. Page 4 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review It is definite that noise generated during the demolition and construction phase of this project will have some negative impact on the neighborhood. A construction noise suppression plan must be submitted at time of first building plans and/or demolition plans submittal. 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 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 any one (1) hour period of time. FIREPLACE/WOODSTOVE PERMITS: The applicant must file afireplace/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. 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 with City code. 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. Page 5 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review POOLS AND SPAS All design, installation and maintenance must comply with "Swimming Pool and Mineral Bath Regulations, Colorado Department of Health, Water Quality Control Division, adopted August 15, 1993." A copy can be obtained from our office. Public Works (Water /Electric -Steve Hunter; • No Comments made Page 6 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review MEMORANDUM TO: Jessica Gan•ow, Community Development FROM: Cindy Christensen, Housing DATE: January 4, 2007 RE: 508 EAST COOPER AVENUE REDEVELOPMENT (aka COOPER ST. PIER) Pazcel ID No. 2737-182-24-007 ISSUE: The applicant is requesting approval for the redevelopment of the property located at 508 East Cooper Avenue. BACKGROUND: The property is located in the Commercial Core (CC) zone district. The redevelopment is to include a mix of commercial and residential uses. The existing structure, the Cooper Street Pier, has been approved by the Aspen Historic Preservation Committee to be demolished. The redeveloped building is to include the following: • Basement Level: 1,405 squaze feet of net leasable azea (NLA), storage space, a bathroom, an elevator, and circulation corridors and stairs. • Ground Floor: 1,328 squaze feet of NLA with storefront windows, storage space, a bathroom, an elevator, and circulation corridors and stairs. • Second Floor: 1,094 squaze feet of NLA, storage space, a bathroom, an elevator, and circulation corridors and stairs. An azea along the west wall will remain open to the level below. • Third and Fourth Levels: One free-mazket residence with 2,008 square feet of net livable azea split between two levels -level three to contain 1,147 squaze feet and the top level to include 861 net livable square feet. In total, the project is to include three levels of commercial space and residential space. The two-bedroom unit replaces an existing one-bedroom residence. AFFORDABLE HOUSING & MITIGATION REQUIREMENTS: Free-Mazket Residential Mitigation Requirement: Under Section 26.470.040(C)(6), affordable housing must equal to 30% of the additional free-market floor area that is provided in a manner acceptable to APCHA. The existing structure contains 1,966 squaze feet of above-grade net livable free-mazket residential space. The proposed redevelopment is to include 2,008 square feet of above-grade net livable free-market residential space. The total additional free-mazket residential net livable space is 42 square feet. Therefore, 12.6 squaze feet of above-grade net livable employee housing is required (42 X 30% _ 12.6). Section 8 of the Guidelines states that 400 squaze feet of employee housing is Page 7 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review equivalent to housing for one FTE. The end requirement attributable to the free-mazket component would be 12.6 - 400 = .0315. The applicant is requesting to pay the cash-in- lieu fee of $3,915.67 (Category 4 $124,037 X 0.0315 = $3,915.67). Commercial Space Mitigation Requirement: Under Section 26.470.050(A), 60% of the employees generated by the additional commercial space needs to be mitigated through the provision of affordable housing or cash-in-lieu. The CC Zone District generates 4.1 FTE's per 1,000 squaze feet of net leasable floor azea (NLA) on the first level and 3.075 FTE's per 1,000 squaze feet of NLA on the upper floor. The existing development contains 1,558 square feet on the first floor and 2,815 squaze feet on the basement and upper floor. Therefore, the existing first floor NLA generates 6.39 FTE's ([1,558 s.f. - 1,000] x 4.1), and the existing upper floor and basement generates 8.66 FTE's ([2,815 s.f. _ 1,000] x 3.075). In total, the existing structure generates 15.05 FTE's. The redevelopment includes 1,328 squaze feet of commercial space on the first floor generating 5.45 FTE ([1,328 s.f. - 1,000] x 4.1) and 7.68 FTE on the basement and upper floor ([2,499 s.f. - 1,000] x 3.075). Therefore, the total redevelopment generates a total of 13.13 FTE's (5.45 + 7.68). The existing structure generates 15.05 FTE's and the redevelopment generates 13.13; therefore, since there is a reduction, there is no housing mitigation requirement attributable to the commercial component. Multi-Family Housine Replacement Program Requirement: The existing residential unit is within amixed-use building; therefore the Multi-Family Housing Replacement Prograzn section comes into play. This section states that "the owner shall be required to construct replacement housing consisting of no less than 50% of the number of units, 50% of the number of bedrooms, and 50% of the square footage of net residential area demolished." The existing residential azea to be demolished is a one one-bedroom unit of 1,966 net livable squaze feet. The MFHRP would require one-half of a unit, one-half of a bedroom and 983 squaze feet of replacement housing. The Code allows for a fractional requirement to be satisfied through cash-in-lieu. This calculates to be $305,795.22 ((983 = 400 sq. ft. per FTE = 2.46; 2.46 X $124,307 [Category 4 requirement]) _ $305,795.22). Total HousineMlitiQation Required: The Free-Mazket Residential component requires a payment of $3,915.67 and the MFRP component requires a cash payment of $305,795.22; therefore, total cash-in-lieu payment required is $309,710.89. However, under the MFRP, a 950 squaze foot Category 4 unit could be constructed on site that would fully satisfy the mitigation and housing replacement requirements. Although the Code provides an applicant with the right to satisfy fractional housing replacement requirements via cash-in-lieu, the Housing Guidelines prefer on-site housing. A 983 squaze foot Category 4 unit could be constructed on site that would satisfy the mitigation requirement under the Multi-Family Replacement Program. Staff met with the Mitch Haas, the applicant's Planner. The lot size is 2,842 squaze feet and is a very Page 8 of 9 Exhibit F, DRC and Housing Comments 508 E. Cooper Ave. Subdivision Review constrained lot with buildings abutting on three sides. Part of the structure also has historic value and will remain. The potential for a unit would be on the second level and contain no windows. Under the Multi-Family Replacement program, the housing required is for half of a unit, half of a bedroom and 983 squaze feet. RECOMMENDATION: The Housing Boazd reviewed the approval at their Regular Meeting held January 3, 2007 and due to the fractionality of the housing requirement, the applicant is not required to provide anemployee-housing unit. The Board recommends approval of the project with the mitigation being satisfied via the cash-in-lieu payment of $309,710.89 with the following condition: the cash-in-lieu fee shall be earmarked to "buy down" existing deed-restricted units or proposed deed-restricted units to lower categories. Page 9 of 9 Exhibit G, 508 E. Cooper Ave. Subdivision Land Use Code Section 26.435.050, Mountain View Plane Review C. Mountain view plane review standards. No development shall be permitted within a mountain view lane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. No mountain view plane is infringed upon, except as provided below. When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this title, development shall proceed according to the provisions of Chapter 26.445 as a planned unit development, so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limitations. The Planning and Zoning Commission, after considering a recommendation from the Community Development Department, may exempt a development from being processed as a planned unit development when the Planning and Zoning Commission determines that the proposed development has a minimal effect on the view plane. When anyproposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the adjacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and re-redevelopment to reopen the view plane cannot be anticipated, the Planning and Zoning Commission shall exempt the development from the requirements of this section. Exhibit H, 508 E. Cooper Ave. Subdivision Land Use Code Section 26.104.100, Definitions Subdivision. The process, act, or result of dividing land into two or more lots, parcels, or other units of land or separate legal interests, for the purpose of transfer of ownership, leasehold interest, building, or development, or for the creation or alteration of streets or right-of--ways. Subdivision shall also include the realignment, alteration or elimination of any lot line or property boundary established by and/or reflected on a plat or deed recorded in the office of the Clerk and County Recorder for Pitkin County, and land to be used for condominiums, apartments, or any other multiple dwelling units, or for time sharing dwelling units. Unless the division of land as specified below is undertaken for the purpose of evading this Title,"subdivision" does not apply to any division of land: (a) Which is created by judicial proceeding or order of a court of competent jurisdiction in this state, or by operation of law, provided that the city is given notice of and an opportunity to participate in the judicial proceeding prior to the entry of any such court order; (b) Which is reflected or created by a lien, mortgage, deed of trust or any other security instrument; (c) Which is created or reflected in a security or unit of interest in any investment trust regulated under the laws of Colorado, or any other interest in an investment entity; (d) Which creates cemetery lots; (e) Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership or real property; or (f) Which is created by the acquisition of an interest in land by reason of marriage or blood relationship, joint-tenancy, ortenants-in-common. Any such interest is for the purposes of this Title a single interest. MEMORANDUM OF LAW IN RE: MATTER OF APPLICATION DATED SEPTEMBER 24, 2006, REGARDING 508 EAST COOPER AVENUE REDEVELOPMENT OWNERS: COOPER STREET COTENANTS' REPRESENTATIVE: MITCH HAAS. HAAS LAND PLANNING. LLC; POSS ARCHITECTURE 8~ PLANNING APPLICANT'S ATTORNEYS: GARFIELD & HECHT, P.C. DATE: SEPTEI~~ER 24, 2007 Procedural History A. Prior Approvals In its Land Use Application filed on September 24, 2006 (the "Cooper Street Redevelopment Application"), the Applicant requested the following land-use approvals-growth-management review, special review, commercial design review, historic preservation (HPC) review and subdivision review to redevelop the building located at 508 East Cooper Avenue in the Commercial Core ("CC") Zone District. ~ The Cooper Street Cotenants are a group of owners owning the Cooper Street building pursuant to a Cotenancy Agreement. The Applicant has already received all necessary approvals from the HPC and the Planning & Zoning Commission for the following land- use requests that are the subject of the 508 East Cooper Redevelopment Application. 1. Conceptual HPC review approval for development within the CC zone district pursuant to § 26.415.030.B.3 of the Aspen Land Use Code. 2. Commercial design review approval from the HPC for development of a building with a commercial component pursuant to § 26.412.050 of the Aspen Land Use Code. 3. Demolition approval from the HPC for the demolition of a structure within a historic district pursuant to § 26.415.080 of the Aspen Land Use Code. 4. Growth management review approval from the Planning & Zoning Commission for expansion/new commercial lodge or mixed-use development for the development of a mixed-use building pursuant to § 26.470.0400.2 of the Aspen Land Use Code. 5. Growth management review approval from the Planning & Zoning Commission for afree-market residential unit within amixed- use project pursuant to § 26.470.0400.6 of the Aspen Land Use Code. 6. Growth management review approval from the Planning & Zoning Commission for affordable housing for acash-in-lieu payment for 12.6 square feet of livable space pursuant to Land Use Code § 26.470.0407. 202731_2.doc 2 7. Special review approval from the Planning & Zoning Commission to allow a change in the trash/utility/recycle dimensional area pursuant to Chapter 26.430 of the Land Use Code. The proposed redevelopment will decrease the amount of developed space and does not increase the number of employees generated by the existing building as calculated under the Aspen Land Use Code. The only final review before City Council at the public hearing on October 9, 2007, is the Applicant's request for subdivision approval so that legal interests can be separated within the mixed-use building. Existing buildings within the CC Zone District routinely receive subdivision approval administratively by simply filing a subdivision plat. B. The September 10, 2007, Public Hearing At the September 10, 2007, public hearing, staff confirmed the recommendation contained in its pre-hearing memorandum that the Application be approved because the Applicant met all of the subdivision review standards under § 26.480.050 of the Aspen Land Use Code, including the payment to the City of a $309,710.89 affordable- zoz~3~_z.ao~ 3 housing payment and the required school lands dedication fee under Chapter 26.630 of the Aspen Land Use Code. At the September 10, 2007, public hearing, Council member DeVilbiss moved to pass the proposed ordinance approving the redevelopment project with certain minor amendments agreeable to the Applicant. Council member Romero seconded the motion. The Mayor then opened the floor to public and Commissioners' comments. Council member Romero correctly noted that the purpose of the public hearing was a limited review by City Council of the Applicant's request for the subdivision of the building into separate legal interests under the review standards contained in § 26.48.050. Citing (a) the recommendations and approvals by HPC and the Planning & Zoning Commission, (b) the reduction in growth, (c) the preservation of historic features of the building, and (d) the willingness of the Applicant to pay a much larger cash-in-lieu payment to address affordable-housing needs of the City, Council member Romero found that the Application satisfied and met all the subdivision review standards under § 26.480.050. zoz~3i_z.aoo 4 Mayor Ireland did not commit to voting for or against the proposed redevelopment at the September 10, 2007, hearing. He did cite concerns previously raised by the sole dissenting vote of the Planning & Zoning Commission which approved the redevelopment by a four-to-one vote. Former Planning & Zoning member Skadron2 was the only member of the Planning & Zoning Commission who voted against the proposed redevelopment because he did not feel that it met the fundamental goals set forth in the Aspen Area Community Plan; specifically it fails in creating social interaction, it fails in promoting lifestyle diversity and it fails in encouraging a diverse retail environment and makes it more restrictive. Mayor Ireland, however, noted that Skadron's concerns apply to all current development in Aspen and that the burden raised by such concerns should not fall on this particular application. Such concerns, according to Mayor Ireland, exposed weaknesses of the Land Use Code, not the Cooper Street Redevelopment Application. Mayor Ireland stated that the Land Use Code permits the Cooper Street 2 Council member Skadron recused himself from the subdivision vote because of his participation in the Planning & Zoning vote approving the Cooper Street Redevelopment. 202731_2.doc 5 redevelopment and that the Land Use Code does not protect against the loss of existing businesses like the Cooper Street Pier bar and restaurant. Council member DeVilbiss also did not commit to voting for or against the proposed development. Only Council member Johnson stated his intention to vote to deny the Cooper Street Redevelopment Application. In support of his position, he stated that the "proposal does not meet the City's needs." Council member Johnson also asserted that the Applicant "gave absolutely nothing back" to the City as required under a "public- private" partnership between the developer and the City. In particular, he objected that the proposed redevelopment enjoyed the benefits of the land use regulations which allow construction of a higher building but complained that the proposed redevelopment threatened existing uses, which he described as a "dive bar," an arcade and an inexpensive restaurant.3 Council member Johnson raised the question whether the mountain view plane ' Council member Johnson conceded that the commission recommending the current infill regulations could not £nd any legislative history explaining the specific reasons for the adoption of mountain view-plane protections under §§ 26.435.010, 050 of the Aspen Land Use Code. 202731_2.doc ordinance was intended to protect the "public benefit" to patrons dining at the private Cooper Street Pier bar and restaurant. Based on these comments, Council member Johnson asserted that the redeveloped building would be inconsistent with the Aspen Area Community Plan, the infill land-use regulations, and apublic-private partnership between the developer and the City. He also asserted that the redeveloped building would be inconsistent with vitality and a diverse retail environment as described in the Aspen Area Community Plan and that approval of the building would negatively affect future redevelopment in the neighborhood by encouraging other developers to build higher buildings. Finally, he asserted that the building would burden existing infrastructure because the Applicant will not be constructing deed-restricted affordable housing on site for existing or future employees of the building. Prior to final vote, a motion to continue the public hearing was granted to allow Council more time to consider the Application in light of the fact that the September 10, 2007, public hearing went well past the regularly scheduled time period. 20273I_2.doc '~ C. Legal Argument 1. Applicable Zoning Standards. a. Permitted Uses. The Cooper Street building is located in the CC Zone District created by § 26.710.140. The purpose of the CC Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed-use buildings in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing and free-market housing uses. Both retail and restaurant uses are expressly recognized as appropriate uses of the ground floors of buildings within the CC Zone District. Therefore, under § 26.404.010 of the Aspen Land Use Code, both retail and restaurant uses are uses permitted as of right. As a result, the historic development within the CC Zone District includes an eclectic mix of retail, office, lodging, affordable housing, free-market uses and service industries. There is nothing in the Land Use Code prohibiting a change from an existing use to another type of permitted use. b. Height Restrictions. The CC Zone District also has objective, measurable height standards. The maximum height for 202731_2.doc g buildings in the CC Zone District is 42 feet for all areas of the property and 46 feet for areas set back 15 or more feet from lot lines adjoining a street right of way. See § 26.710.140. It is undisputed that the redeveloped Cooper Street building complies with the applicable height restrictions. c. Subdivision Standards and Criteria. In order to satisfy the standards and criteria for subdivision approval under § 26.480.050, the Applicant must demonstrate only that the proposed subdivision of the redeveloped building into separate legal interests (1) is consistent with the Aspen Area Comprehensive Plan, (2) is consistent with the character of existing land uses in the area, (3) shall not adversely affect the future development of surrounding areas and (4) shall be in compliance with all applicable requirements of the Aspen Land Use Code. As recognized by the staff, the separation of the redeveloped building into separate legal interests is not inconsistent with the goals of the Aspen Area Community Plan or surrounding uses. In addition, the Applicant must demonstrate that the building is physically suitable for subdivision, the improvements 202731_2.doc 9 required under Chapter 26.580 shall be provided, the subdivision complies with affordable-housing requirements, and the subdivision complies with the school lands dedication standards and growth- management requirements. There are no physical impediments to the requested subdivision, and it is undisputed that the Applicant has committed to paying all exactions to the City required by the Land Use Code and has received all growth management approvals from the Planning & Zoning Commission. 2. HPC Has Already Granted Final Approval of the Proposed Height and Desien of the Building. City Council Has No Jurisdiction to Deny the Request for Subdivision Approval Based on the Proposed Height of the Building or Other Design Issues. As demonstrated by the record, Council member Johnson's objection is based largely on the proposed height of the building. The proposed height of the building, however, complies with the height restrictions for the CC Zone District. The HPC has already granted final approval for the design of the building, including its height. Any appeal of those final decisions was required to be filed within 14 days under § 26.316 of the Aspen Land 202731_2.doc 1 Use Code. No timely appeal was ever filed. Therefore, City Council has no jurisdiction or discretion to deny the request by the Applicant for subdivision approval based on the height of the Cooper Street building or other design issues. 3. The City Has No Authority to Restrict the Applicant From Allowing Uses Permitted as of Right in the Cooper Street Building. Council member Johnson also stated that he intends to vote against the redevelopment project because existing uses (i.e., a "dive bar" and an affordable restaurant) are threatened. The City Council, however, has no jurisdiction or discretion to prohibit uses expressly permitted in the CC Zone District. The City does not have authority to deny a land-use application that complies with all objective land-use regulations. Council comments recognized that the proposed Cooper Street Redevelopment is permitted under the Land Use Code. Council comments recognized that the proposed Cooper Street Redevelopment is permitted under the Land Use Code. See Western Paving Construction Company u. Board of County Commissioners of Boulder County, 181 202731_2.doc 11 Colo. 77, 506 P.2d 1230 (Colo. 1973). When construing the meaning of a statute, a reviewing court should first consider statutory language and give the word to their plain and ordinary meaning. Town of Telluride u. Lot 34 Venture LLC, 3 P.3d (Colo. 2000). Sections 26.710.140 and 26.404.010 clearly and unambiguously provide that other uses are permitted as a matter of right in the CC Zone District. These permitted uses include retail stores and different types of bars and restaurants. In the absence of a statute or ordinance granting it authority to do so, a municipality may not impose conditions upon the approval of a development plan that complies with the zoning regulation of the local government. Beaver Meadows v. Board of County Commissioners of Larimer County, State of Colorado, 709 P.2d 928 (Colo. 1985). There is no provision of the Aspen Land Use Code that grants City Council the authority to prohibit permitted uses as a condition to subdivision approval. 4. City Council Has No Jurisdiction or Discretion to Impose Zonine~ Restrictions on the Cooper Street Building That Are Different From the Zoning Regulations Applyine to All Other Buildings in the 202731_2.doc 12 CC Zone District. Colorado law has recognized that a local government cannot treat one parcel differently than that of similarly situated land in the same zoning district by allowing uses not normally allowed in a particular zone district. Clark v. City of Boulder, 362 P.2d 160 (Colo. 1961). While most of the Colorado appellate cases overturning "spot- zoning" dealt with zoning decisions whereby a parcel was given more favorable treatment compared to surrounding properties in the same zoning district by the allowance of a different use for the parcel; other jurisdictions have recognized "reverse spot zoning" where the courts held that it is also unlawful to treat one parcel differently than surrounding properties by imposing unreasonable or arbitrary restrictions on the use of such parcel that do not apply to the surrounding properties. See, e.g., Vernon Park Rlty v. City of Mount Vernon, 121 N.E. 2d 517 (N.Y. 1954); City Commission u. Woodlawn Park Cemetery Co., 553 So.2d 1227 (Fla. App. 3d Dist. 1989). A denial of the requested subdivision in the instant case because of a perceived threat to existing uses would constitute a de facto imposition of a use restriction on the Cooper Street building not applicable to surrounding zoz~si_z.ao~ 13 properties in the CC Zone District. Such action would be even more egregious than the cases cited above, in which the property at issue was subject to different zoning. Here, the applicable zoning regulations specifically allow the requested uses, and any attempt to disallow those uses of the property through the requested subdivision application would not only be akin to "reverse spot zoning," but would also be invalid. 5. The Aspen Area Community Plan Cannot be the Basis for Denial of the Requested Subdivision Approval. Questions have been raised whether the proposed redevelopment complies with certain subjective, aspirational goals of the Aspen Area Community Plan. As a threshold matter, the Cooper Street Redevelopment fully complies with the Aspen Area Community Development Plan. There is nothing in the Aspen Area Community Plan which regulates proposed subdivisions in the City of Aspen. Moreover, there is nothing in the record to suggest that the requested division of the Cooper Street building into separate legal properties is inconsistent with the Aspen Area Community Plan or the character of the surrounding neighborhoods. In fact, many zoz~3 i_z.ao~ 14 mixed-use buildings in the CC Zone District have been subdivided into separate legal interests. Moreover, subdivision approval is routinely given to existing mixed-use buildings once an applicant simply submits a subdivision plat. Finally, because the Aspen Area Community Plan is advisory only, it cannot be the basis for denying any application otherwise meeting the criteria required for subdivision approval. Under Colorado statute, a municipal master plan is an "advisory document." C.R.S. § 31-23-206(1) (2007) (emphasis added). Pursuant to recent amendments to that statute made by House Bill 07- 1246 (effective on August 3, 2007), a master plan "may be made binding" by inclusion in a municipality's subdivision, zoning, or other land use regulations, "after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate." Id. However, prior to the adoption of HB 07-1246, Colorado statute held unconditionally that "[t]he master plan of a municipality is advisory only." See Section 31-23-206(3), C.R.S., 1997 (deleted by amendment effective August 3, 2007). Subsection (3) of C.R.S. § 31-23- 202731_2.doc 15 206 was added by the State Legislature in 1997 in response to the Colorado Supreme Court's decision in Board of County Commissioners of Larimer County u. Condor (927 P.2d 1339 (Colo. 1996)),4 "thus clarifying the intent that master plans in effect at the time the Cooper Street Application was filed cannot be used as a basis for development approval." Greg Clifton, Growth Management: Recent Developments in Municipal Annexation and Master Plans, 31 Colo. Lawyer 61 (Mar. 2002). Under such reasoning, it also cannot be the basis for the denial of a land-use application. The Aspen Area Community Plan was adopted by Pitkin County and the City of Aspen Planning and Zoning Commissions on January 25, 2000. Thereafter, the City of Aspen included a general requirement in its subdivision regulations that a development application for subdivision review "shall be consistent with the Aspen Area Comprehensive Plan:' Municipal Code § 26.480.050(A)(1). At the time the City included that review criterion in its subdivision In Condor, the Court held that while county master plans are "generally only advisory documents, a county has the authority to require master plan compliance when a county includes a master plan compliance provision in its legislatively adopted subdivision regulations." 927 P.2d 1339, 1350-51. 202731_2.doc 1( regulations, Colorado statute mandated that municipal master plans were "advisory only." Section 31-23-206(3), C.R.S., 1997. Therefore, the Plan was advisory only at the time the Cooper Street Redevelopment Application was filed and cannot form the basis for denying the pending subdivision application.5 Only after (1) the State Legislature authorized the inclusion of master plans in municipal subdivision regulations in August, 2007, and (2) City Council adopts the master plan pursuant to notice and public hearing can the Aspen Area Community Plan be binding as land- use regulations on an applicant's request for subdivision approval.6 To find otherwise would make House Bill 07-1246 retroactive in its application, and nothing in HB 07-1246 indicates a legislative intent that the law should be applied retroactively. ("[C]lear legislative intent" for a law to apply retroactively is required to overcome the s The City has already recognized in a letter to the Applicant that laws in effect at the time of the filing of the Application, rather than laws enacted subsequent to the filing, apply to the Cooper Street Redevelopment Application. s The City of Aspen must first legislatively adopt the provisions of the Aspen Area Community Plan into its subdivision regulations (satisfying the requirements of notice and due process) after August 3, 2007, before the Community Plan becomes binding land-use regulations. The Master Plan must also be sufficiently definite in order to be enforceable as land-use regulations. Until such action occurs, it remains advisory only and cannot Form the basis for denying a subdivision application. 202731_2.doc 1'~ "presumption of prospectivity." City of Golden u. Parker, 138 P.3d 285, 290 (Colo. 2006).) Therefore, City Council has no jurisdiction to deny the Application based on any assertion that the Application does not meet the aspirational goals of the Aspen Area Community Plan. 6. The Cooper Street Redevelopment Application Is Not Subiect to the Heiehtened Review Standards for Development in Environmentally Sensitive Areas ("ESA") Under Chapter 26.435 of the Aspen Land Use Code. Based on Council comments, it appears that some Council members may be considering the enactment of § 26.350.50.3 of the Aspen Land Use Code as a basis for restricting the height or permitted uses for the Cooper Street Building. Section 26.350.50.3 established protected mountain view planes at different areas throughout the public streets of Aspen, including the protected public area originating on the north side of Cooper Avenue. Without citing any supporting legislative history, Council member Johnson questioned whether the purpose of restricting heights on buildings across the street was to protect the "public benefit" of eating and drinking in a purely private restaurant. Therefore, he raised the 202731_2.doc 1 g question whether City Council is somehow obligated to protect the "public benefit" of eating at the Cooper Street Pier by denying redevelopment of the Cooper Street building. There is no legal or factual basis suggesting that the City has the obligation (or authority) to impose height or use restrictions on the Cooper Street Building based on the ESA mountain view protections applying throughout Aspen to public areas. It is undisputed that the Cooper Street building does not lie within the protected Cooper Avenue view plane area subject to heightened ESA review. City staff has never asserted otherwise. Because the Cooper Street building is not within the protected Cooper Avenue mountain view ESA, the establishment of the protected view plane area provides no authority for the City Council to impose a condition requiring continued restaurant use for the first floor. It also cannot be the basis for imposing a height restriction on the Cooper Street building. The obvious purpose of the establishment of the protected mountain view planes throughout Aspen public areas, including the Cooper Street origination point beginning on a public 202731_2.doc 19 sidewalk, was to benefit the public at large by protecting enjoyment of mountain views from public locations. 7. The Applicant Has Complied With All Affordable-Housing Requirements. It has been suggested that the subdivision request should be denied because the Applicant will not construct affordable housing for employees on site. As a result, the question has been raised whether the lack of on-site affordable housing will burden existing City infrastructure. As demonstrated by the Applicant's willingness to pay ahousing-mitigation fee greatly exceeding that required by the Aspen Land Use Code, the Applicant does not disagree with Council's overriding goal to build more affordable housing within Aspen. A denial of the Application on this basis, however, ignores that (1) no affordable housing currently exists at the building, and (2) the proposed reduction in size of the building through redevelopment does not increase the number of employees associated with the building as calculated under the Aspen Land Use Code.7 Therefore, the redevelopment will have absolutely no effect on existing utilities or 'See Section 7. a. and b. below. 202731_2.doc 20 other City infrastructure. Any such argument also ignores that the Cooper Street Application has complied with (and, in fact, greatly exceeds) all affordable-housing requirements for the proposed redevelopment which generates no new employees as calculated under the Aspen Land Use Code. City Council has no reason (or authority) to impose affordable-housing requirements beyond those provided for in the Code. a. Mitigation Requirements for Redevelopment. The staff memorandum correctly summarizes the employee-housing requirements for the Cooper Street redevelopment under Section 26.470.040.7. City Council does not have jurisdiction to reverse the final approval by the Planning & Zoning Commission of the $3,915.67 cash-in-lieu payment for employee-housing mitigation under Section 26.470.040.7 recommended by the Housing Authority and approved by the Planning & Zoning Commission in Resolution 6 (Series 2007). P&Z Resolution 6 (Series 2007) was approved on May 1, 2007. Therefore, under Section 26.316.030 of the City of Aspen Land Use Code, any appeal of the P&Z final decision was due within 14 days, or by May 15, 202731_2.doc 2 1 2007. No appeal was filed. Therefore, the P&Z decision is final and not reversible. As a result, the Applicant has complied as a matter of law with the affordable-housing mitigation requirements of Section 26.470.040.7. Any purported denial by the City Council of the subdivision request due to an alleged failure to comply with the mitigation requirements of Section 26.470.040.7 would be an abuse of discretion and in excess of the City Council's jurisdiction. b. Housing Replacement Requirements. Prior to applying for a building permit, the Applicant will also comply with the administrative requirements of the Multi-Family Replacement Program contained in Section 26.530.040. The Applicant has the option of doing any one of three alternatives to meet the requirements of the Multi- Family Replacement Program. After consulting with staff and the Housing Authority, the Applicant agreed in good faith to choose the option which provided the most benefit to the City's housing needs. The City has no authority to require more housing exactions as a condition to approval. 202731_2.doc 22 Alternative No. 1. The Applicant could comply with Section 26.53040A by reducing the size of the proposed replacement unit by 42 square feet so that the size of the replacement unit is equal to 100% of the existing unit. The purpose of the Multi-Family Replacement Program is to ensure that current resident-housing opportunities do not decrease due to the demolition of existing residential multi-family housing units. See Section 26.530.010. This alternative would result in the replacement of 100% of the single-unit apartment currently existing at the Cooper Street building. Alternative No. 1 would not require the Applicant to deed restrict the replacement unit as affordable housing and also would not require any cash-in-lieu payment by the Applicant. The Applicant believes that alternative one is less favorable to the City's affordable housing goals compared to the proposed $305,000.00 cash-in-lieu payment recommended by the staff and the Housing Authority in that it does not provide for the construction of adeed-restricted unit or a cash-in-lieu payment available to build affordable housing elsewhere in the City. zoz~s~_z.a°~ 23 Alternative No. 2. Without the reduction by 42 square feet, the Applicant would fall within the second paragraph of 26.530.40A, which applies to a proposed replacement of an existing unit with a like unit with an increase in the net livable space. Under this alternative, the Applicant would also not be required to deed restrict a new single- family residence as an affordable-housing unit. Under the second paragraph of 26.53.040A, the replacement requirement must be commensurate with the total percent increase in livable space. The maximum payment under any circumstances is based on one- half of the square footage of the existing unit. Subsection 26.530.O1OB specifically provides that fractional replacement housing program requirements may be satisfied by a cash-in-lieu payment. Here, the 42- foot increase in net livable space is diminimus (five to ten percent) and would be only a fraction of the existing unit. The Applicant would be required to pay a cash-in-lieu payment of only $13,244.108 to be commensurate with the five-percent increase in net livable space. s 1 FTE equates to 400sf of housing; 42sf, therefore, represents 10.5% of an FTE; the CURRENT Housing Guidelines put the Category 4 cash-in-lieu fee at $126,420.00 per FTE; thus, the required payment will be $126,420.00 x 10.55 = $13,274.10. zoz~31_z.aoe 24 The Staff and Housing Authority Recommended Alternative. The proposed cash payment in lieu of $305,795.22 recommended by the Staff and the Housing Authority greatly exceeds the commensurate expansion of net living space. Although the proposed $305,795.22 cash- in-lieu payment proposed greatly exceeds a payment that would be commensurate with the actual increase in living space (five percent), the Applicant is nevertheless willing to make the $305,000.00 payment in order to contribute to the City's affordable-housing stock. Section 26.530.40B does not apply because the proposed demolition will not result in the replacement of less than 100% of the existing unit. Instead, the Applicant proposes to replace 100% of the existing unit. The City has no authority to require the construction of an affordable-housing unit on site because the Applicant is replacing 100% of the existing housing unit and has offered to pay the maximum cash-in-lieu payment in connection with any fractional requirement. 8. The Proposed Subdivision Into Separate Legal Interests is Consistent With Surrounding Properties. One of the limited questions before City Council is whether the proposed subdivision of the Cooper 202731_2.doc 25 Street Pier building into separate legal interests is consistent with surrounding properties. A large number of existing buildings in the CC Zone District has already been subdivided into separate legal interests. Subdivision approvals for existing buildings are routinely granted administratively in the CC Zone District. Therefore, there is no evidence demonstrating that the proposed subdivision of the Cooper Street building would be inconsistent with character of surrounding properties. Instead, the evidence overwhelmingly demonstrates that the proposed subdivision is consistent with surrounding properties. 9. There is No Evidence that the Proposed Subdivision Will Negatively Affect Future Development. There is no evidence supporting any notion that the subdivision of the Cooper Street building will somehow negatively affect development in the neighborhood. To the contrary, the level of proposed development in the City of Aspen continues to be high-both before and after submission of the Cooper Street Redevelopment Application. In the past few years, numerous development applications have been submitted and/or approved for development in the City of Aspen. 202731_2.doc 26 There is no evidence suggesting that the proposed subdivision of the Cooper Street building into separate legal interests will somehow negatively affect continued development or redevelopment in the City of Aspen. In fact, City Council has recently passed development moratoriums restricting development because the level of development and redevelopment was perceived to be too high. City Council should not assert that the subdivision of the Cooper Street Building will somehow negatively affect development after passing moratoriums completely stopping certain types of development in Aspen. 10. The Applicant Has Agreed to Pay All Exaction Fees Required by the Aspen Land Use Code. It is undisputed that the Applicant has agreed to pay all exaction fees required under the Aspen Land Use Code, including the affordable-housing fees and the required school lands dedication fees. As opposed to suggestions to the contrary, the City of Aspen and the Applicant have never entered into a public/private partnership for the development of affordable housing. In the past, the City of Aspen has entered into legal partnerships with 202731_2.doc 27 developers to develop affordable housing. It is undisputed that no such partnership exists in connection with this Application. Therefore, there is no legal basis for the City to attempt to exact more affordable- housing requirements beyond that required under the Land Use Code based on the suggestion that a "public-private" partnership exists. Conclusion The Cooper Street Redevelopment Application meets or exceeds all the criteria for subdivision approval under the Aspen Land Use Code. Height restrictions, use restrictions, affordable-housing requirements beyond those required by the Aspen Land Use Code, or other reasons beyond the requirements for subdivision approval cannot be a legal basis for denying the Applicant's request for subdivision 202731_2.doc 2g approval. Therefore, the Applicant requests that City Council approve its request. Date: October 1, 2007. Respectfully submitted, ~~ ~ David L. Lenyo, A.R. #1417 Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 (970) 925-1936 202731_2.DOC 29 MEMORANDUM v~~, TO: Mayor Ireland and City Cou//ncil FROM: Jessica Garrow, Planner J ~ V~ THRU: Chris Bendon, Community Development Director ~(/~ DATE OF MEMO: November 2, 2007 MEETING DATE: November 12, 2007 RE: Wienerstube Subdivision, Ordinance 29 Series 2007 After examining the agenda for the November 12, 2007 Council Meeting, Staff requests the Public Heazing for 307 S. Spring and 625 E. Hyman (Wienerstube) Subdivision be continued to November 26, 2007. This request is being made because this project has a later Ordinance number than the other Land Use Application on the Public Hearing portion of the November 12, 2007 City Council agenda (Cooper St. Pier at 508 E. Cooper) and because Staff anticipates the Public Heazing for Ordinance 48, Series 2007 and the Budget will take up a majority of the meeting. Therefore Staff does not feel it is realistic that this application can be heard as it is currently scheduled. The Applicant is prepared to support this request from Staff. The Staff memo, findings, and information requested by City Council at first reading will be provided as part of the November 26, 2007 packet. Staff will be at the November 12`n meeting to answer any questions related to this continuation and the project.` PROPOSED MOTION: "I move to continue the Public Hearing for Ordinance No. 29, Series of 2007, approving a Subdivision for the redevelopment at 307 South Spring and 625 East Hyman, to November 26, 2007." CITY MANAGER COMMENTS ~ Staff is recommending approval of the Subdivision request. If City Council wishes to hear this application Staff is prepared to give a Staff presentation. v~N f TO: FROM: THRU: DATE OF MEMO: MEETING DATE: MEMORANDUM Mayor and City Council Ben Gagnon, Special Projects Planner ~%~' Chris Bendon, Director Community Development November 5, 2007 November 12, 2007 RE: Extension of Commercial Core Business Mix and Historic Interiors Moratorium Second Reading of Ordinance No. 46, Series 2007 REQUEST OF COUNCIL: A six-month extension of the "Commercial Core Business Mix and Historic Interiors" moratorium adopted under Ordinance No. 51, Series of 2006, as amended. BACKGROUND: Ordinance No. 51, Series of 2006, established a temporazy moratorium on the issuance of building permits in the Commercial Core Zone District, and was adopted on December 12, 2006, for asix-month period, originally scheduled to expire on June 12, 2007. This moratorium was extended for an additional six months on June ] 1, 2007, and is currently scheduled to expire on Dec. 12, 2007. Under this moratorium, staff has worked with a 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: The issue of commercial mix was identified by the previous City Council in April 2006 as one of four azeas of focus for the ls` Moratorium, adopted pursuant to Ordinance No. 19, Series of 2006. The public feedback process on this issue began with a public wireless keypad session at the Jerome Hotel in July 2006, when approximately 10 questions were posed on this particular issue. Although staff began to conduct reseazch on commercial mix regulatory tools in the fall of 2006, and work sessions were held with the P&Z, Council and ACRA in the early spring of 2007, the press of other moratorium-related issues left little time to focus squazely on this highly complex issue. The ls` Moratorium expired on May 29, 2007 without code amendments being reviewed or adopted regarding commercial mix. However, the 2"d Moratorium, adopted pursuant to Ordinance No. 51, in December 2006, also identified commercial mix as an issue, and the prohibition on building permits in the Commercial Core Zone District effectively provided time to continue considering code amendment regazding commercial mix issues. Staff received general direction from the current Council in June 2006 to continue research and public feedback on the issue. An instant voting keypad session was held at the Jerome Hotel on September 21, which continued to explore the definition of the problem and the range of potential regulatory tools. Following the Sept. 21 keypad session, two work sessions have been held with Council and a third is currently being scheduled. The purpose of these Council work sessions is to gain additional Council feedback on the definition of the problem, in order to better identify the type of regulatory tools that may, or may not, be applicable. Following the work sessions with Council, staff will draft a recommendation regazding which regulatory tools aze most applicable. Council has recently requested a staff recommendation on potential regulatory tools. After compiling a recommendation, staffls intention is to proceed through the public hearing process, first to P&Z and then to City Council. As a general matter, the public policy discussion on commercial mix has taken an extended period of time due to the highly complex nature of the problem, the sometimes experimental nature of the potential regulatory tools, and the time required to attend to various other pressing priorities. In the meantime, Council has adopted amendments to Ordinance No. 51 to ensure a reasonable measure of flexibility with regazd to the issuance of building permits in the Commercial Core Zone District. With regard to potential code amendments on the historic designation of interior elements, staff has met with Council at a work session and has received sufficient direction to draft a code amendment. Staff plans to bring these potential code amendments to the Historic Preservation Commission in December, and will soon schedule public hearing dates with the Planning and Zoning Commission and the City Council. RECOMMENDED ACTION: Staff recommends that Council extend the moratorium established by Ordinance No. 51, Series of 2006, as amended, by six months to June 12, 2008. PROPOSED MOTION: "I move to approve Ordinance No. 46, Series of 2007," upon Second Reading. CITY MANAGER COMMENTS: ORDINANCE N0.46 (Series of 2007) AN 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 AMENDED PURSUANT TO ORDINANCE N0.2, SERIES OF 2007, AND AS AMENDED PURSUANT TO ORDINANCE NUMBER 26, SERIES OF 2007, AND AS AMENDED PURSUANT TO ORDINANCE NUMBER 37, SERIES OF 2007. WHEREAS, the City of Aspen (the "City") is a legally and regulazly 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, 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, §§29-20-101, et seg. 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 of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007; 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 aze 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 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 Ordinance No. 26, Page 1 Series 2007 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 particulaz 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, an extension of the moratorium termination date will enable a reasoned discussion of the desired chazacter 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 of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007, is hereby extended to terminate on June 12, 2008. Section 2 -Chanties 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 Ordinance Number 51, Series of 2006; Ordinance Number 2, Series of 2007; Ordinance Number 26, Series of 2007; and Ordinance Number 37, Series of 2007, except as follows: ^ The termination date shall be extended as described in Section 1, above. 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 conducted and concluded under such prior ordinances. Ordinance No. 26, Page 2 Series 2007 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• 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 6• A public hearing on the Ordinance shall be held on the 12s' day of November, 2007, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (IS) 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. Section 7• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d day of October, 2007. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Michael C. Ireland, Mayor day of Attest: Kathryn S. Koch, City Clerk 2007. Michael C. Ireland, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. 26, Page 3 Series 2007 MEMORANDUM TO: Mayor Ireland and City Council ~~ THRU: Chris Bendon, Community Development Director I IIMM FROM: Amy Guthrie, Historic Preservation Officer ~~~~ ~ ~ RE: 110 E. Bleeker Street, Extension of Vested Rights Resolution Nog Series of 2007, Public Hearing DATE: November 12, 2007 wry APPLICANT /OWNER: Lexie Brockway Potamkin, owner. REPRESENTATIVE: Eben Clark, Klein, Cote & Edwards, LLC. PROPOSED LAND USE: Single-family home. STAFF RECOMMENDATION: Approval with a condition. SUMMARY: LOCATION: 110 E. Bleeker Street, Lots The Applicant requests a three year extension of L and M, Block 65, City and Townsite of vested rights for an existing approval to Aspen, Colorado. rehabilitate and expand a designated historic building. CURRENT ZONING & APPROVED USE R-6, single family home. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant requests Council extend the existing vested rights for an HPC approved residential project to December 8, 2010, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). The extension relates to a project approved by HPC Resolution No. 33, Series of 2004, which allowed the rehabilitation and expansion of a Victorian era brick home located in the West End. The Resolution vested the approval until December 8, 2007. Staff finds that the review criteria are met. Delays have occurred for this project primarily because of two factors; the determination that specific sideyard setback variances were not properly awarded by HPC during their review of the project (subsequently resolved through additional review of the project at a public hearing), and conflicts over the status of a non- Victorian era garage that sits partly into the alley and partly on a neighboring property. This garage is intended to be retained and is being reviewed by Community Development and the City Attorney's Office to determine if it deserves status as a legally non-conforming structure. Resolution of this issue has held up review of the building permit that was submitted months ago. Staff finds that the approved project at 110 E. Bleeker entails significant preservation effort and will make a very positive contribution to the architectural integrity of the home and neighborhood. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights for three yeazs and establish an expiration date of December 8, 2010 for the 110 E. Bleeker Street project with the following condition: That, should the existing building permit application expire, the establishment herein of a vested property right shall not preclude a new building permit from the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.9~Series of 2007, approving with a condition, a three (3) yeaz extension of vested property rights for the 110 E. Bleeker project as was originally approved by HPC Resolution No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution No. 8, 2007.) The new expiration date will be December 8, 2010." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings EXHIBIT B -Application Exhibit A Section 26.308.O10.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding: The applicant is currently in conformance with HPC conditions related to this property. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding: The Applicant has been in the building permit process since January 2, 2007. Review has been held up by the issues described in the staff memo; setbacks and an existing garage structure. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees or land dedications; Staff Finding Outside of the application processing costs incurred by the applicant with respect to City Land Use Application Fees and Referral Fees, there have been no benefits already received by the City as a result of project approval such as impact fees or land dedication. Impact fees are collected at the time of building permit issuance. Staff finds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: The proposed project includes removing non-historic paint From this brick home, stabilizing the foundation, and using historic photographs to restore the front porch, bay windows and other features, which is very valuable to the community. In addition to the work directly affecting the Victorian, an addition is proposed which HPC determined to be in compliance with their design guidelines. RESOLUTION NO. ~5 (Series of 2007) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION N0.33, SERIES OF 2004 (AS AMENDED) FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No.2735-124-37-006 WHEREAS, the Community Development Department received an application from Lexie Brockway Potamkin, represented by Eben Klein of Klein, Cote & Edwazds, LLC, requesting approval of a three (3) yeaz extension of the vested rights granted for the project approved by HPC Resolution No. 33, Series of 2004 (as amended); and WHEREAS, the applicant submitted the application for extension of vested property rights on August 14, 2007 before the vested rights expired; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights after a public heazing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for 110 E. Bleeker Street under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fords that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution fiuthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1: The Aspen City Council does hereby approve a three (3) yeaz extension of vested rights for the 110 E. Bleeker project as was originally approved by HPC Resolution No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution No. 8, 2007) establishing a new expiration date of December 8, 2010, with the following condition: 1. That, should the existing building permit application expire, the establishment herein of a vested property right shall not preclude a new building permit from the applications or regulations which are general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the 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 3• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 5: A duly noticed public heazing on this Resolution was held on the 12th day of November, 2007 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a to L-~ vote on this _ day of , 2007. Approved as to form: John P. Worcester, City Attorney Approved as to content: Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk~Jkcelaw.net LANCE R COTE, PC' Im(t~dkcelaw_net JOSEPH E. EDWARDS, III, PC jee nkcelaw.nel EBEN P. CLARK epc(tJkcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net 207 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 iELEPHONE_ (970) 935-8700 FACSIMILE.(970)925-3977 "also admin 1 in California August 14, 2007 City of Aspen City Council c/o Amy Guthrie Senior Planner -Historic Preservation 130 S. Galena Street, 3rd Floor Aspen, CO 8]611 RE: Application for Extension of Vested Rights for 110 E. Bleaker St., Aspen Project ("the Project") Deaz Council Members: This letter is the written description of the proposal in the above application and a written explanation of how the proposal complies with the City of Aspen Land Use Code. The applicant is Lexie Brockway Potamkin, 7714 Fisher Island Dr., Fisher Island, Florida 33109-0966 ("Applicant"). This firm is authorized to act on Applicant's behalf with regazd to the Project. The subject property is located at 110 E. Bleaker St., Aspen. The parcel is identified as parcel number 273512437006, and the legal description of the property is Lots L & M, Block 65, City and Townsite of Aspen. By this letter, our firm certifies that, based on our review of title to the property, the present owner is Ms. Lexie Brockway Potamkin. The Project has been previously reviewed by the Historic Preservation Commission (the "Commission") three times, in 2002 and 2004 and 2007. The Commission approved the Project in Resolutions No. 27, Series of 2002, and No. 23, Series of 2004 (the "Resolutions"). In 2007, the Commission granted a vaziance of the Combined Side Yard Setback from the required fifteen (15) feet to the proposed ten (10) feet in Resolution No. 8, Series of 2007. Applicant is requesting an extension of her vested rights because there are several issues that have come to light through the application process that have prevented the issuance of her building permit, and such an extension will allow time to remedy those issues. Specifically, after Applicant's HPC approval, it was determined by Staff that HPC had not formally adopted one necessary side yazd set back for the Project. This was simply an oversight on the part of Staff, the Applicant and HPC. To correct this problem, Applicant and Staff scheduled a second HPC hearing, and it was only through this later process that it was discovered that Applicant's existing City of Aspen City Council August 14, 2007 Page 2 of 4 garage encroaches into the alley to the north, and sits across the townsite lot line to the east. Applicant is currently working with both City Engineering and the owners of the neighboring property to resolve these issues. This request is for: 1. An Extension of Vested Rights for a period of 3 years to complete the Project as it is currently approved. The requested Extension of Vested Rights will allow Applicant to resolve the boundazy issues, and complete the Project as it is currently approved. The home itself is a raze example of a brick Victorian in the downtown azea. In its current form, the Project is an historic remodel that includes only improvements that respect the historic features of the home. The remodel also refines the structure and landscaping to highlight the historic character. Staff has stated that remodeling the home will have the public benefit of both preserving the home and enhancing the public's ability to view and appreciate its unique character. Applicant has worked with Staff to create and excellent Project, and after extensive review, both HPC and Staff appear to agree. The requested Extension of Vested Rights also complies with the specific provisions of the City of Aspen Land Use Code. Section 26.308.010(C)(2) of the Code provides: The City Council may by resolution, at a public hearing noticed by publication, mailing, and posting (See section 26.304.060(E)(3)(a)(b)(c)) approve an extension or reinstatement of expired vested rights or a revoked development order .... (Emphasis added). 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project; c. The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications; d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. This Application meets each of the above criteria as follows: Criterion: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement: City of Aspen City Council August 14, 2007 Page 3 of 4 Response: Applicant has met all conditions imposed by the City and HPC that require performance to date. Criterion: The progress made in pursuing the Project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the Project: Response: Applicant has diligently pursued the Project to date including: revising the Project on several occasions as requested by Staff; seeking a building permit to the point where issuance of the permit is delayed only by these recently discovered issues; acquiring additional approvals as requested by Staff; seeking an encroachment license from the City for the pre-existing gazage; and working with neighboring property owners to resolve property line issues. Criterion: The nature and extent of any benefits already received by the city as a result of the Project approval such as impact fees or land dedications: Response: Because a building permit for the Project has not yet been issued, impact fees applicable to the Project are not yet due. However, when the building permit is issued, Applicant will pay Park Dedication and School Land Dedications. Beyond the monetary benefits, Staff has recognized that there are relatively few 19`h Century brick homes left in Aspen, and has stated that the renovation of this "nicely detailed Victorian" would "benefit the neighborhood and community". See Staff Memorandum dated January 23, 2002. The Project also remains true to the original home and the intent of Aspen historic preservation policies because there are no other changes to the historic structure. The Project is a restoration of the home to its original state and the construction of a complementary addition. Applicant has also agreed to restore and replace the front bay windows and the two front doors. Applicant conducted substantial work on researching the correct windows to be installed on this highly visible part of the home. In addition, Applicant has agreed to remove and replace several trees on the Property, at the request of Staff, in order to showcase the historic attributes of the home and the front porch renovations. Applicant further agreed to modify the original plans to reduce the height of the connection between the existing structure and the addition so as not to detract from the appeazance of the historic portion of the home, and render the design more acceptable to Staff. Finally, Applicant has agreed to remove anon-historic addition to the rear of house. Criterion: The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: Several of the needs of and benefits to the City aze set out above. In addition, Applicant asks Council to consider the time and resources already dedicated to this Project by both HPC and the City generally. Both have reviewed the Project several City of Aspen City Council August 14, 2007 Page 4 of 4 times on different administrative levels, and requiring the Applicant and the City to work through that process again would not be an efficient use of City resources. Further, there do not appear to be any new code provisions or regulations from which the Project is exempted by its prior approvals. Therefore, there is nothing the Applicant is escaping, or that the City is being denied, as a result of the requested extension. The needs of the Applicant in this case have to do with the recently discovered issues with the reaz and side lot lines. Applicant is requesting an extension of her vested rights to allow time for her to remedy those issues that have recently come to light, as these issues are preventing the issuance of a building permit. Specifically, afrer Applicant's HPC approval, it was determined by Staff that the HPC had not formally adopted a necessary side yard set back for the Project. This was simply an oversight on the part of Staff, HPC and the Applicant. To correct this problem, a second HPC hearing, was necessary and it was only through this later process that it was discovered that Applicant's existing garage encroaches into the alley to the north, and sits across the townsite lot line to the east. Applicant has recently received approval from City Engineering for an encroachment license to allow the gazage to remain in place, but Applicant is still working with the neighboring property owners to address their concerns with the garage and the Project generally. Applicant hopes those concerns can be resolved amicably. Based on the foregoing, Applicant meets each of the stated requirements for an extension of vested rights. Beyond the listed requirements, the grant of an extension will allow the Project to proceed as planned once the current issues have been addressed. This will result in the preservation and renovation of an example of a raze Victorian brick home in the downtown azea, and will highlight the historic aspects of the home for the benefit of the City's chazacter, preservation program, and its visitors and residents. Therefore, Applicant requests the grant of the requested extension of vested rights. Thank you for your consideration of this application. Sincerely, KLEIN, COTE & EDWARDS, LLC By: Eben P. Clazk Extenison of Vested Rights Itr 8.14.07 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Application Fees C[TY OF ASPEN (hereinafter CITY) and Lexie Brockway Potemkin (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for Extension of Vested Rights to complete previously approved renovation of historic brick V ictorian located at I l0 E. Bleeker St. in Aspen (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the Ciry of Aspen has an adopted 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 C[TY 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. C[TY 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 C[TY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or Ciry Council to enable the Historic Preservation Commission, Planning and Zoning 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 $ 705 which is for three 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 C[TY for the processing of the application mentioned above, including post approval review at a rate of $235.00 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. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director Date: 8 /~~1 ~~ -1- Billing Address and Telephone Number: 2~t rs • M.k S4 _ . $fc Zo? fb= -6 Go 0 6L( ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Lexie Brockway Potamkin Location: 110E Bleeker St Aspen CO 8 ] 611 (Indicate street address lot & block number legal description where appropriate) Parcel ID # (REQUIRED) 273512437006 APPLICANT' Name: Lexie Brockway Potamkin Address: 7714 Fischer Island Dr. ,Fisher Island, FL 33109-0966 Phone #: REPRESENTATIVE: Name: Eben Clazk, Klein, Cote & Edwazds, LLC Address: 201 N Mill St Ste 203 Aspen CO 81611 Phone #: 970 925 8700 TYPE oP APPLICATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (&PUD Amendment) ^ TexUMap Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ® Other: Extension of Vested Rights ^ Conditional Use EXISTING CONDITIONS: (descri lion of existin buildin s, uses, revious a royals, etc.) Previously approved renovation and expansion of existing historic brick Victorian in downtown azea. PROPOSAL' (description of proposed buildings uses modifications etc.) Three yeaz extension of vested right to complete project as previously approved ~ - - - - - Have you attached the following'! r r:na Lur,: a_ iva ^ Pre-Application Conference Summary ® Attachment # 1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds ^ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary wi{l indicate if you most submit a 3-D model. .. .. ., i I IIIRI VIII VIII VIII IIII IIII IIIIIIII III VIII IIII IIII a 81060 6 8011:301 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMLSSION (HPC) APPROVING AN APPLICATION FOR A SUBSTANTIAL AMENDMENT TO MAJOR EVELOPME FOR THE PROPERTY LOCATED A 1 E. BLEEKER -~TI21;'E I, TS L AN M, BLOCK 65, CITY AND TOR'NSITE OF ASPEN, COLORADO RESOLUTION NO, 33, SERIES OF 2004 PARCEL ID: 2735-12d-37-006 listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, Robert and Lexie Potamkin, represented by Rally Dupps, Consortium Architects, and Mitch Haas, Haas Land Planning, have requested a Substantial Amendment to the Final Development granted by Resolution #27, Series of 2002 for the property located at 170 E. Bleeker Stteet, Lot L and M, Block 65, City and Townsite of Aspen, Colorado. The property is WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or, structure shall be erected, constructed, enlazged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for a Substantial Amendment to Final Major Development Review, the HPC must -~ review the application, a staff analysis report and the evidence presented at a heazing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated December 8, 2004, performed an analysis of the application based on the standazds,, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines have been met, and recommended approval with conditions; and WHEREAS, at their regulaz meeting on December 8, 2004, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of 5 to 1. NOW, THEREFORE, BE IT RESOLVED: HPC gtants approval for a Substantial Amendment to Major Development (Final) for 110 E. Bteeker Street with the following conditions: t/1. HPC has granted a 325 squaze foot FAR bonus and a 5% site coverage variance for the project. In order for this project to qualify for the FAR bonus, the porch, front ~ ~fl_i.~F~~~ vut~' ~ z 2no~ ~i.NEU1PIG DEPRP,Tf`4ENT' IiIIIfINIIIIIiIIiIIIINIII~IIIIIINIIIIIIiIIiiIIN 006°0g;1:3a~ S[LVIp Op~IS P/TKfN COUNiY C0 R 16.00 D 0.00 window, and both front doors are to be restored to their original -condition and the paint must be removed from the masonry. 2. The method for removing the paint from the masonry must be approved by HPC staff and monitor. Test patches will be reviewed by staff and monitor. ~/3. After the paint has been removed from the historic house, the applicant shall contact. staff for an inspection to determine whether there were any original window openings on the east facade of the house, under the gable end. If so, the window(s) should be restored based on a plan approved by staff and monitor, 3' ~ 4. A cut sheet must be provided for any new windows to be installed in the historic building, to be reviewed and approved by staff and monitor. ~ '~` S. Detail drawings showing the reconstruction of the porch and bay window to match the photographs must be submitted for review and approval by staff and monitor. ,i ` 6. Any changes to the landscape plan must be reviewed and approved by HPC staff and monitor. Provide additional information about the new tree installation indicated on the landscape plan, for approval by staff and monitor. ~ {' 7. As part of an overall restoration of the historic character of the property, staff recommends the owner work with the City Parks Department to remove and replace the existing trees on the City right of way with more appropriate trees. The current trees disrupt the relationship between the front of the house and the street. If the owner is in agreement, this will be done at the City's expense. ~~ &. A picket fence as represented in the plans may be constructed along the property lines. ' 9. HPC staff and monitor must approve a plan for the type and location of all exterior lighting fixtures prior to wiring, installation or purchase. The light fixtures must " comply with the "City of Aspen Historic Preservation Design Guidelines" and the "City Lighting Code!' 10. Information on all venting locations and meter locations not described in the approved drawings shall tie provided for review and approval by staff and monitor when the information is available, before their installatioa. ~7 / 11. Submit.a demolition plan, as part of the building permit plan set, indicating exactly what areas of the existing house are to be removed as part of the renovation. ,. 12. No elements are to be added to the historic house that did not previously exist, other than what is approved by HPC. No existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor. r 13. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor. -~ 14. The conditions of approval will be required to be printed on the cover sheet of the building permit glan set and all other prints made for the purpose of constmetion. /f~. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable to this projec#. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit. J~f The General Contractor and/or Superintendent shall be required to obtain a specialty Iicense in historic preservation prior to receiving a building permit. ,i ) 7, Restudy the detailing of thejunction between the historic house and the rear porch of the addition. The design, which must be approved by staff and monitor, must protect the historic building from damage (for instance from snow or drainage directed at the old masonry), and must look at eliminating the overlap onto the comer in_terms of protecting the original building's integrity. 18. Restudy the roof over the stair town on the addition to meet guideline 10.9, to be reviewed and approved by staff and monitor. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of December, 2004. Approved as to Form: ' e ~-~- Davi Hoefer, Assiatan City Attorney . Approved as to content: HISTORIC PRESERVATION COMMISSIUN y Je alferty, Chair ATTEST: Gl.-(.--~ ~tir.fC~.Crk.-~,~~ Kathy Strial and, Chief Deputy Clerk 1I u1 ~,~~ l `~~ ~`i I,~I u 506078 ~~I~~II'I~A~I~~apINKI~~}I~IAIYIUl~~1II~~~I~~NaN~~IloBtita9 ee~it:se~