HomeMy WebLinkAboutagenda.council.regular.20080211CITY COUNCIL AGENDA
February 11, 2008
5:00 P.M.
Call to Order
II. Roll Call
III. Scheduled Public Appearances
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) Resolution #4, 2008 -Council Chambers Remodel Contract
b) Resolution #10, 2008 -Creation of Budget Task Force
c) Request IRS for Private Letter Ruling
d) Minutes -January 28, 2008
VII. First Reading of Ordinances
a) Ordinance #2, 2008 -Establishment of TDRs - 627 W. Main P.H. 3/10
b) Ordinance #3, 2008 -Fire Station COWOP P.H. 3/11
VIII. Public Hearings
a) Resolution #11, 2008 -Temporary Use Permit -Aspen Institute
b) Ordinance #29, 2007 - 634 Hyman (Wienerstube) Subdivision
IX. Action Items
X. Adjournment
Next Regular Meeting February 25, 2008
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
vim,
MEMORANDUM
TO: Mayor and Council
FROM : Kathryn Koch, and Bentley Henderson
THRU: Steve Barwick
DATE OF MEMO: 1-16-08
MEETING DATE: 01-28-08
RE: Council Chambers Remodel -Construction Services Contract
SUMMARY: Provided for your consideration is a contract with Wodehouse Augello Builders
for Construction services related to the City Council Chambers remodel. Staff is recommending
approval of the contact.
BACKGROUND: Over the course of the past year staff has been moving toward finalizing
design considerations for the remodel of the City Hall basement Council Chambers. At your
previous meeting, you approved one of the components of the remodel, that being the purchase
and installation of new audio/visual equipment. The contract before you represents the bulk of
the work to be done on the space.
DISCUSSION: A competitive bid process was utilized for the acquisition of the contractor for
this project. The proposal before you represents the most competitive bid received.
FINANCIAL IMPLICATIONS: Funds for the project were appropriated in 2007 and will be
carried forward to 2008 to accomplish the remodel in its entirety. The bid for the construction
portion of the project is $159,268.
RECOMMENDATION: By adopting the Consent Calendar, you are approving Resolution #4
Series 2008, for the contract with Wodehouse Augello Builders for construction services
associated with the remodel of the City Council Chambers.
CITY MANAGER
Attachments:
Wodehouse Augello Contract
Resolution #4, 2008
RESOLUTION NO. 4
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR REMODELING SERVICES FOR CITY COUNCIL
CHAMBERS, 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
remodeling services in the City of Aspen City Council Chambers, between the City of
Aspen and Wodehouse Augello Builders, an 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
remodeling services for the City of Aspen, between the City of Aspen and Wodehouse
Augello Builders, 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 ~1„t2008.
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
H:\Legal & Conhact\wodehouse augello reso.doc
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Wodehouse Augello Buildgers. ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" and Exhibit "B" attached hereto, and by this reference
incorporated herein.
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 Gaze 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 May 31, 2008. Upon request of the City, Professional shall submit, for the
City's approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$159,268. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they aze considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, en•ors, 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.
Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
PS1-971.doc Page l
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 may be determined.
Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the awazd or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work aze 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.
Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
PS1-971.doc Page 2
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Wodehouse Augello Buildgers. ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" and Exhibit "B" attached hereto, and by this reference
incorporated herein.
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. T'he parties anticipate that all work pursuant to this agreement shall be
completed no later than May 31, 2008. Upon request of the City, Professional shall submit, for the
City's approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agre d to by the parties the payments made to Professional shall not initially exceed
~'g( 2b~ .Professional shall submit, in timely fashion, invoices for work performed. The
City s all review such invoices and, if they are considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, er•ors, 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.
Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfmished documents, data, studies, surveys,
PS1-971.doc Page 1
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional maybe determined.
Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the awazd or making of this contract.
Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance
and unemployment insurance, 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.
Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
PS1-971.doc Page 2
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease -each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this pazagraph.
(ii) Commercial General Liability insurance with minunum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PS1-971.doc Page 3
(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 insur-
ance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits 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 $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
PS1-971.doc Page 4
Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, na$onal origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. 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. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
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
PS1-971.doc Page 5
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 Department
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
are 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.
(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
PS1-971.doc Page 6
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. 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
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.
PS 1-971.doc Page 7
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 are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY: CITY OF ASPEN, COLORADO:
WITNESSED BY:
By:
Title:
Date:
PROFESSIONAL:
By: Gil
Title: C~PNI7FP-f'tcxtS ~K1Q~ G~7Z ~"Q~EO«=~~~"~
Date: ~ S-6g
PS1-971.doc Page 9
EXHIBIT "A" to Professional Services Agreement
Scope of Work
PS1-971.doc Page 10
Exhibit "B" to Professional Services Agreement
Rates
PS1-971.doc Pagell
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
PS]-971.doc Page 12
U
QfD ~
Q co
J G
A 'O
O N
M O
O
U
c
d
a
Q
W
J_
m
W
W
0
d'
w
m
Q
S
U
J
U
Z
U o
J o
a~
N
N
}
U
~a
U ~
W
O H
K Q
a o
o 0 0
co m
t!) N
0
0
° o
0 o
o
^
m m
n
0 0 0 0 0 0 0 0 ~ 0 0 0 0 o m o o v M ,
_ a ~?
f9 w w w w w E9 fA r w w w w w~ N w O ih ~ N ~ O
w ~» ~ ° w w w
w
N
O 0 0 0 °
O v n ~
N 0 0 0 0
O ~ n
~ M ~ ~
O
O O W O
n N O
~ O O O
O O
O N n N
N N l(1 W ~ N O
O ~ N O ~ ~ N
O ~ ~
O CO th Of
_ N N N O ~ ~ m m
i m ' ro N n
~ ~» w r» Ey «» w Ey w » w ~ w p w w w
LL r m o d =' Q
N ,^ Z O d LL - r
0
V rn w Z N O ~ - F-
H z O 0 w a W
N m O 0
~ I ` c
O
U
O ~
W
~ a
~
~
~
a U d
~ 0
~
~ ~ U ~ O ~ Y d
~ F O Z N ~ Z ~ J J
Q ~ p ~ W J ~ ~ H Z Z ° Z U U
O = y
~ w ~ m w C ~ N ¢ w ¢ ~
Z a m Q W ~
~ ~ W 3 U ZO ~ ~ ~ (q N w d ~ w ] _ w
~ ~ O W ~ ~ z U
~ O w ~ z
~ O
~ ~ Q (7 v! U ~ ~ ~ F=- ~ LL W O
o N m u~ o Z
~
W ~
~ ~ ~ N m c N
z (O
z 1~
z m
Z rn
z
z .-
Z
z
z
z
Z
z W
~
(~ c Z
0 z
0 z
0 Z
0 0 0 0 0 0 O O O O O O O z
w (n Q J C
O ~ U ~ ~ > > > > > > > > > > > > > > > > Z
a Q o w 0 ~ ~
c
9 ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
d
a
3
0
a
ry
~~
c d
~m
w
d U
U ~
Qm ~
Q m
J ~
n ~
O R
M C
O
U
c
w
a
m
N~N
I.f~
W
J_
m
''W^
V!
W
0
O
-~
y
Ill
m
a
x
U
J
U
Z
O O
~o
aN
N
yy N
F~
U
2
U a
w ,.
O~
~ Q
a ^
J
Z W W W W F- W LL W W
Z
3 Z Z
3 Z
3 Z
0 Z
~ Z Z
~
O
O
O
O
U 0 0 0
~ m m m m 0 m _
'A m m
U ~
vl
Z
0 G
H W
a
O
W z
Q o
N
O 0
~
O
l~[J
O 0
N
N °o
~ 0
O 0
~' 0
N 0
N 0
~ 0
N 0°
~
a J W a
D
~ (7
r m ' r V OD Y
1
(O r r ~ ~ N
a ~ ~ ~ vj » w ~ w Ne w Fn ~» vi F» ~» w
N
Z
W W
H
~
w w a w ~
~
7 ~
J z
~ e
p rn U a ~ w
U
U,
w
~
O
U
U J
a Q
W
~
Q
w
J
J
Q
K
O
w 7
~ X
w
~
~
~-
p w
a
¢ ~
~
~
~ ~ H 2 J Z ~ O W LL (w~ a ? Z ~ ~ W Z E ~
N Z r
w Z O
w
z
d Q Ur -
0
0 Z W
Z ~
z (.')
Q W ¢
U W Q ~ Q
~ Z LL C7 J (O Z
w O
Q LL' d,
O O
~ /n
~ Q J
Q -
~ ~
~
Y N
z w ~ 7 c7 w ~ -
J z
0 p O LL p J
Q ~ W ~
Z ? ~ w
U O
Z z
Q z m m Q
N p ~
Z >
O Z
W a
O 0
m (n G
p
F (~
~ }
~ }
~ }
~ }
~ }
~ Z
o LL C7
Q
~n 2
a W
~ lL
o ~
~n
Z fn
Z J
U
W _
a Z
Q
Q
F
~ ( ~
~
S g
J W
z
o
~
~
o
5 ~
,
a
a
a z ~ ~ ~ ~ ~ -'
° ~ ~ = w
~ w
~ w
r w
r w
r w
~ -
~
~ ~
U w
O ~ z
w z
-
~ w
o ~
a a
~
Z
~
o
g
o
~
~ w
~
z ~
~
~
v o
y o
a o
a o
a o
a o
a LL ~
~ ~
~ (=/J _
VJ fn fn fn f~ J ~ayJ ~ J J W
~ ~ W W p W ¢ y ~ ~ W ~- ~ ~ Z W O O
VJ S ~ ~ ~ ~ ~ Q U U Q J ? Q Q J Z W w O W
W
W
W
W
W
W
U
W
W
d' O O O O O O
Z
Z U Q 7 ~
W
W
J ¢ Q
~
- ~ Z X 0 7 7
0 0 ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ m > LL LL S ~ (n a LL (7 U a U v7 ~ a w x U ~ m N
• 0
< 0
l0 0
O 0
O 0
N 0
V' 0
(O 0
ep 0
N 0
V 0
ep 0
W 0
O 0
.- 0
N 0
O 0
N 0
V 0
N 0
(D 0
eD 0
~ 0
(O 0
E 0
N 0
O 0
(O 0
W 0
0I 0
O 0
N 0
V 0
(D 0
aD 0
W 0
~
U 0 0 0 ~ N N N N ( ~l (~l (~l V V V V V V (O (O (O I~ I~ I~ I~ I~ W~ aD aD aD m m rn
u
Q
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
a
0
N
d
m
a
0
a
y
t0 N
E m`
^' o
d U
QU •-
Q ~
J ~
M A
0
0
U
c
a
a
m
a
W
J_
m
W
N
0
W
N
W
m
Q
x
U
J
U
Z
O
J o
J O
Q N
= N
N
} }
F ~
U a
Z
U Q
w
~ LLI
w' Q
a o
W
U
Q
O
J
Q
w
~ a
~
Z J
J
Q
O ~n
U g
D
Z
Q
U'
Z
J
_
W
U
O
w
z
0
a
O
R' N
Z
°o
w g
a a ~i
~
z
0 0
a
w
~ ~ ~
Y a _
C'J Z ~
p
a
C~ w
~ z
F O
~ V~
z
W ~ . O
~ Y (7 W w
z ~ ¢ z ~ a w
O N U, N F N rn 0 Z
!- Z N fn Q Z ~ O
a
' z -
j w
~ (9
Z ~
Q w
a F
J
R
N O
y W p J
> a'
} ~ W J ~
w > O Q a ¢ w
N
O O
~ O
N N
N 0
t+) 0
V 0
j~ 0 0 0 0 0 0
U
Q N
0 N
0 N
0 N
0 N
0 N
0 N
0
v
0
v
m
a
3
0
Y
m ~
c ~
E m`
N
a U
U ~
Qm ~
Q oD
J C
A O
o m
~ O
O
U
c
v
6
N
Q
v/
W
J_
m
W
W
W
W
m
Q
2
U
J
U
Z
O
U
J o
J ~
a~
N
U ~
Z
U Q
W .
O ~
a o
0
m
a
3
a
y
m ~
c m
E m`
d U
U ~
Qm ~
Q ~
J ~
n 9
O 10
~ O
O
U
C
d
a
N
Q
N~
I.L
W
0
J_
m
W
W
O
111
m
a
U
J
U
Z
O
J o
J o
a N
N
N
}
Q
U~
F Z
U ~
w
W
a o
N
F m
m v
`
W
a
w o o ~
~
~ U
- U rn
U
~
~ O
Z
N U
N
Z
~ 0 0
H w w
a
O
N
Z o
o 0
a J N
N O
{y ~
N W
d v3 W
W
F
W
Y
~ U
U V1 Z
Z ~ W H
~ O Z U Q
U p ~ Z ~ W p W
w Z ~ ~ ~ _ ~ a g ~ ~
~
w Q a
~ J U` U' ~ U d' K
~
K Z >
~ Z
~ W
~
~ Q
U Z
F Z
- W Z
p
a O
m W
a
w
~ p
w
Z p
y
~ v~ w O s
z o o w 3 g ~ N = c~i ~ = a Y Y ~ ~ o a -o
~ ~ N a ~
M U U ~ r f- ~ O F O O F- f- Q < Q
d' O a Z y ~ ~ ~ ~ ~ K U ~ ~ m m ~ ~ 0 p 0
N W N
V1
w
~ d'
O O
O J
~ W
Z a
X Z
0 Z
0 Z
0 F 2
U Z
0 Q
0 Q
0 Z
p Z
p m m
D
~
LL
W w a U U tq G v1
• O
(7 O
Q O
N O
IO O
OJ O
O O
N O
(D O
W O
O O
O O
N O
N O
W O
O O
U 0 0 0 0 0 ~- ~- ~ N N N N N ('l f'l
v
Q c%~
0 ri
0 c%~
0 c%
0 »
0 c%~
0 M
0 M
0 Ci
0 M
0 M
0 ~n
0 c+~
0 c+~
0 cn
0 cn
0
a
a
d
m
a
S
0
a
Z y
N ~
C ~
E m`
N
d U
U
Qm ~
Q oD
J ~
A •O
O A
M G
O
U
C
d
a
Q
V!
W
J_
m
W
0
W
O
-~
W
m
a
x
U
J
U
Z
O
J o
J o
Q N
N
N
U Q
Z
U
w
W
d ~
m
c m
c
E E
m m m
~
r LL
z N ~
~ ~ ~
~
o c °c
(.7 ,~ ,~
L L
O
O O
O
m m
N
Z
O c
~ w
a
O
W N
Z
c0
V
N
a g N
vi ~
» v
w
W J
w ~ J ~
~, z
H g
U W
~
~
~ H
..1 N
w Q
O J
Q W
~
W
W
.n
.
J ~
w
~ _
N
4
U'
o
m
W
~ w
_
~
z
~ J Q ~ H ~ (n f~ N
a ~'~
w a:~ ~
? o
F
w ~
w c~
z a~a
~ ~: g
~ a
~ g
m
w W
a g ~ o
O a
~ a
~ 5
o
z
p ~W:Q ~ U Z Z Y YOL7: d' O O ~ O C7
Z C~
Z p 7 7 J
~' of (y"-~ - W Q Z U U~ ~ Q Z Z Q
~ Z -
~ -
U W ~
0 ~
0
Q
a p
z
*
~ 7
m ~ 2 0 W W1..~L..: H Q Q Q 0
K *yy
:~
*
O 7: U
J w
J 0
J 0
J 0
J Orriva:
J +,1 .;;j; v~
J =
J ~n
J c~
J U
J cn
J m
J g F F o
F
U y D- 7 Q W W W W W W 11;1; W W W W W W W W = =
w
W ~~
~Q-.F- r
w w
F- w
F- w
F- w
H wW :
H3-}-: w
H w
F- w
H w
H w
H w
H w
F
~ U
d' U
2 m
7
G CS'.: (n ~ fq (p rq V7 N~N.-. O U U m (n fn VI LL Q Q N
• 0
N 0
R 0
VJ o
(O a
W 0
O 0
N 0
t7 0 0
` ~O 0
(O 0
ao 0
O 0
N 0
c'> 0
N .-
N o
I~ 0
N 0
W
U 0 0 0 0 0 ~ ~ ~ ~ ~ ~ N N N N N N N N
N
Q l(J
0 l(J
0 Ul
0 N
0 N
0 lA
0 V1
0 YS
0 lt) ~
0 0 In
0 In
0 In
0 In
0 N
0 N
0 N
0 N
0 N
0 LL~
0
a
O
0
m
m
a
3
0
Y
N ~
c ~
E m`
v ~
a v
U
Qm ~
Q ao
J ~
1~ C
O 10
~ O
O
U
c
v
a
N~
I.f.
W
0
J_
m
W
N
W
~~
N
W
m
Q
S
U
J
U
Z
Oo
J o
a N
= N
N
}
U a
F Z
U ~
W
~ W
~ a
ao
m
C m
C
E E Z Z
F- m m
c
c
Z
w w w d
n m
n
~ ~ ~ U U
O O O
U c
_ c
_
: ~
g ~
~
U ~
U
z
0
a
O
K
W Vl
Z
o
o
V
0
0
N
0
0
0
a J
n
w
w ~
is ~
'~'
Q ~
p w m
~
O w Q O ~ O w a
N
5 J
a
m
5
a
~
~ ~
~
~ ~
a
a
w
Q
O
O
m
S
a
~
d'
R
~ ~
a
~
~ a
w ~
~ ~
~ O
°' w ' m
3 a ~
O w
M a m
g a rn
~ O
~ ~ ~ J
a J a fn y~n1 o-
~ Q'
~
O ~
O 5 ~
Z o m F
a
~ W
~ ~ ~ ~ ~ ~
m w ~
O ~
~ ¢
~ ~ c07 ~ q
J
~ a
~ a
~ Q
~ ¢
~
~ ¢
~ z z
0 3
g
~
a
a 0 0 F
x ~
x
g Q
~
m ~
o
w Z
- Z
- U
-
a
s ~ ~
w Z
w Z
w
o
w
o
w J J
F
1
~ ~
Z
o
U'
?
U'
? ~
LL ~
LL ~
W ~
W w
~ w
~
~
~ g
a ~
a m
g ¢
~ ¢
~ ¢
~ m O
p D
> U
j m
g
~
~ ~
w ~
w m
g Q
~ m
g a
~ w
o w
o
N N ¢ ¢ w
m w
m z z c~
? C7
Z LL ~ ~ ~ LL Y 1 N O
w
5
~
~
~
~ C7
z C7
z
~
~
0
0
¢
¢ U
w U
w U
w U
w w
~ Z
-
~?
~?
a
a ~
a ~
a U
a U
a O
a N
a O O
0 o w w ~ ~ w w cn cn cn cn LL w o o o o a. 3 a a v~ m ~ ~ U U m m 3 3
• 0
N
N 0
Y'J ~
Vl 0
(p
(O <o
(O r
(O o
r o
m o
m o
O o
('l ~n
f'l o
V ~n
V o
Vl o
O o o
N ~n
N o
N m
N rn
N o
('l o
Q o
(O o
O o
N 0
t"1
U O O O O O O O O O O O ~ N N N N N f~1 C1 M M (") (") (") C1 m m f ~1 O V
~' (O
0 t0
0 (O
0 (O
0 (O
0 c0
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 (O
0 f0
0 ID
0 (D
0 (D
0 (D
0 (O
0 (O
0 tO
0 t0
0 lp
0 fp
0
m
a
0
Y
t0 ~
c °'
m
~ N
a v
U
Qm ~
Q m
J ~
r •o
o m
" `o
0
U
c
d
a
m
N~
I.L
W
0
J_
m
W
W
0
-~
W
m
a
x
U
J
U
z
O
J o
J ~
aN
}= N
F ~
U ¢
F- Q
W
'~
O w
a o
Y
F K
O
z 3
w
~ p
O
~
O O
U
N
Z
O c
H w
a
O
Z o a' o°
1 1 ~ to ~ N
~Y: V!
Q'
p J
Q
m
~ a 2'
m W
J
~ ~'
O ~
w
g Q
~
0 W J ~
~ m ~ ~
~ W W
a
~ m
5 a ~ J
a p
g ~
z
z U U io
o
w
a ~ ~
m
Q
°
w ~
=
w o
m
o
o Z
g Z
5 z
0
J ~
~ ~
~
~ g - - a a -
z g ~ p w ~
~ w w U ~ g Z ° m o o w
a w
s c
O
~ J
J
Q J
J
Q m
3 ~
Q
~ O
o a
a. a
~ ~
¢ ~
Q ~n
J
¢ m
J
¢ -
m
a (n
w
~ om
Q
~ O
p O
p Q
~ Q
~ J
a
a ~ ~ ~ ~ U a
U a
U ~
~n ~
rn ~ ~ p U ~ w w p p ~
~ O p w w S S 2 p p p p ~ Q ~ (7 (7 ~ ~ ~
N O
0 O
O ~ ~ t/7
Z tq
Z t/1
Z 0
O 0
O 0
O 0
O p F 0 ~ ~ =
C9 =
C7 m
w
^
>
~ J
U J
U
LL
Ii
LL >
> >
> >
> >
> O
^ Q
m O
p ¢
O ¢
O
J
J 7
fn
• 0
Q 0
(O 0
(O 0
LO 0
1~ 0
c0 0
W 0
A 0
N 0
f7 0
O 0
I~ 0
of 0
O 0
~ 0
N 0
N 0
Cl
U ~i ~ ~ ~ ~ ~ ~ r r r r r r ~ ~ ~ m m
V
Q O
o O
0 ~
0 ~
0 0
0 0
0 0
0 0
0 0
0 0
0 ~
0 ~
0 ~
0 0
0 ~
0 ~
0 ~
0 ~
0
m
m
m
a
0
Y
l0 ~
C ~
E m`
n. U
U ~
Qm ~
Q m
J ~
n a
M ~
0
O
U
C
a
N
W
0
J_
m
W
N
W
O
H~
G
N
{L
m
a
U
J
U
z
O
J m°o
J N
N
N
} }
F ~
U j
~ Z
U Q
w
O~
a o
Z
O
r J
g a
U O
z ~ ~
a
w ~
w a ~ ~
O
LL
W Z ~
O O ~ O
U d W
W U
?
~
Z
~
U
~ O
O
0
=
F w
w
O Z
O
m
y
z
0 0
~ w
a
O
R'
w to
?
O
N
O
~
ry
m
a g
a m
»
i °'
»
w
z
O
J
U
K Q
fY Z
LL J
Q
W
F O
m ~ U K
m ~
~
& g ~ Z
a
~
a
s
w
LL
o
g
i
~
ri
Vl
O
? ~
w ~
w H
a O
a J
¢ v
of r
of
~ ~
~ ~ z
O fY ~ ~
J
~
J
~
atl
~ m W
~ 7
o O
o In
~ N
~ W
a g O
m w
a ~ c~ ~ ~
~ ~ ~ Z
a g e ? ? = p ~ ~ g ~ ~ z ? z v, 3 3 0
~ ~ =
~ t4
W w
K rn
Z
tr Z
O Z
O J
W w
LL
U, LL
O
C7
C7 LL
p ~
Z Z
~ O
Z O
Z
y y
S
Z
O W
2
~ m
LL
0 m
LL
0 Q
LL
0 Q
LL
0 w
3
O
Z
N
Z
¢
2
¢
7
Q
~
Z
Z
3
W
~
F
g
F
g
Z
Q
LL
~
t~
LL
0
z
?
LL
O
R'
Z
-
0
Z
_
0
O
~
w
~
O
0
to
>
N
»
W _
O
F
1
n
0
fY
0
fY
0
fY
0
fY ~
m
H H
Q
O
LL
K
~
O
w
LL LL
O
O
J
Q
m
»
U
U
w
O
O
~
LL
0
O
0 w
Z
0
'
0
~
(9
y
¢
W
¢
W
LL J
a
H
K Z
O a a a a z U w J
Q ?
Y ~ O
~ m ~ z z a O
LL' ~ Q
tr LL
~ K
O J
¢ Z
_
= W ~ ~ rn
O 0
F
U y d a a d g Y ~ U LLI LL 0 0 0 ? ~ Y m a U F LL LL
w s a a a a w w = a = Q ~ a a ~ ~ ~ °z ~ o w w o a g ~ o o o ~
O 0 0 0 0 0 tH O /n V/ U ~ LL [D > fY R O O F K ~ ~ ~ fn LL C9 2 ~ S N
0
N 0
C 0
m 0
r 0
m 0
O 0
N 0
0 0
r 0
m 0
m 0
R ~n
V 0
~ 0
m 0
V 0
O 0
N 0
V 0
m 0
m 0
m 0
O 0
N 0
N 0
V
O 0
~
t1 0 0 0 0 0 ~ ~ ~ ~ ~ ~- N N N N C'I 0 0 V < V V' N N (Q m m f0
~
a r
0 r
0 r
0 ~
0 ~
0 ~
0 r
0 r`
0 ~
0 ~
0 ~
0 r~
0 r
0 ~
0 ~
0 ~
0 ~
0 ~
0 ~
0 r
0 r
0 r
0 r
0 r
0 r
0 ~
0 ~
0 ~
0
a
0
m
a
v°
Y
t0 ~
c °~
E m`
~ VI
aU
U
Qm ~
Q aD
J G
A O
O 10
~ O
O
v
d
a
Q
N~N
I.f~
W
0
J_
m
W
LIJ
-~
W
m
a
2
U
J
U
Z
U o
J o
Q N
2 <`+
N
r }
F- ~
U ¢
7
F Z
U
W
~ llJ
d' ¢
a o
~
~
o ~ z
O p ai
^ m X
Z W
2 _
~ =
~ O N ¢
W m O ~
~
F N
W
~ ^
Z O
O
U
0
~ w
~
0 ~
~ ~
N LL
LL' U W
N ' H
N
N
Z
O o
H w
a
O
~
W N
z
g
o
~
u~
~ o
0
N h
0
d ~ ~ N
ui vi
w
Q
W ~
Q W
¢
~ K
W
~
J
a ~ N y )
3
U ~ U
~ W w
N
p ~
3 N o w ° 3 =
W o N
~
N ~
= W
m
M g ~ Q N _
F- ~
~ ~ z
O
N ¢ 2 ~ 0 ~i Q ~ W D W ~
O
m
~
ij
a
p
~
U'
~
~ Z_
~
Z O
O ~
OJ N
S
~ p Q m = O ~ F
Z Z ¢ (7 ~ 3 LL,
~ ~
Z w G
F ao -~ O
O ¢ ~ N
~ ~ O ~ Q ~ N ~ }
F F O ¢
1 Z ~ O U J J W O W LL' Z ~ J S C7 ~ W ~'
R' O N
~ y ~
~ < ¢ C~ o w N ¢ O J a C9 Z 0
~ O
~
U
N y
S O ~
H O U
W U
W ¢
LL' Z
Q' ~
O N
g ~
2' ~
Z ¢
H U
W J
} ~ ~
~ O m
w
0
0 o
0 z
W o
^ a
N o.
N ¢
O ¢
m ~
N
U` ~
U -
~ w
~ a
N
N
U'
~ S
N 7
y
0
fp 0
0 0
0 0
(O 0
aO 0
(O 0
(7 0
N 0
Q 0
O 0
N 0
O 0
V 0
O 0
O 0
O 0
N
t1 O ~ ~ ~ ~ N ch q q V V N ~(l ~ N (O (O
V
Q ~
0 W
0 O
0 W
0 W
0 W
0 m
0 m
0 m
0 W
0 W
0 W
0 0
0 0
0 0
0 0
0 ~
0
0
0
d
m
m
a
5
0
a
y
10 ~
c °~
~m
N
a~
U ~
Qm ~
¢ co
J ~
A •O
M ~
O
0
U
c
a
¢
N~
Lf..
W
J_
m
W
W
O
~i
W
m
Q
x
U
J
U
z
U o
J o
Q N
= N
}
U a
7
F- Q
U -~
W .
O ~
a o
N
W
Z
a
~
^
Z W
K W
a
> LL
J ~ m N
F o
~ f
o J W W N
W
H
a w
U a
Q LL
a Z
LL
~ O p Q U U W
~ m = N W W J
U O H m m 0
Z_
J a (~
Z a a m
uJ LL
U
K a
U N O
O ~ ~
~
O F
a
W LL'
Z W
m
m
7
K
N
Z
p
o
o
0
0
~
a O
w N
w
O
Q'
w Z
¢ 00
in 0
o 0
o p
„~, p
c~ N
rn N
a
a ~
a ~
~ m
ei y
N
iy
iy o
» cc
w
K N
C7
N
J O
O J ?
J
LL'
LL
~
O
~
W
J
a
Q
-
J
a
J
a
O
U
~ a U
Z m
g a ~ W 2'
w J J
a a K LL'
w = J
a
~ Q ~
o ~
w p
~ o ~
o ~
a ~
a ¢ ¢
~ ~ ~
o ~
w o
m Q N
Z o ~
o ~
O
^ ~
O
m ~
w
Q m
g a
~ p
2 Z
0 Z
0 ~ ~
~ g
~ W
Q w
Q Q m
g ~
~ g
C7 ~
U' LL
U'
Q
W ~
F W
N
N
w N
w
~
g
~
~
~
~
~
~ LL'
o
o
m
~
~
~
~
~
~
~
z
~
z
~
z
~
~
~
~
Z
x
ul m
Z
w a
a
~ F
J c
i ~
O ~ 0
o 0
o
~ ~
» ~ m
g
g m
~
o z
~ z
~
o
o
o O
m W
a
z
z
w Z O
y
N o, w v Q O
J O LL LL w N N N g m m o o o o
~ o g ~ Q
~ a x ~
a s
z Z LL O z w ~ .
u LL ~ ~ w x x m m a g g ° O W LL O O U
i ~ ~? a o
~
w
~ N
W
1
N
J
J
J
H
H
d
~
~ g g
N o
f N N W
F- LL
F- O
Q O
p O
Q a
a a
LL „
J
J z
W r
Z w
¢
O J
¢ w w W w w N H W a LL
~ w w ~ ~ w a
K
U O
N ~
U
LL
W Q
-
U
~
F-
N
~-
N
v w
Z w
Z ~
a ~
a
' ~
W
~
~
O w
m
LL'
Z
Q
x
U ~
x
U
J
J ~
o ~
o ~
o w
a w
a
t-
?
t-
?
z
X p
H
N
w
> 7
~
~ W
d
~
g
g N
~ p
~ p
~ 2
w LL
w N
¢ O
x
x
a
~
~ H
¢
~? N
w N
w ~
a K
a 2
a K
a 2
a
a
a m
a ~
a m
~
^ ^ N d N O a a N N N U U m N N ~ C~ Y m ~ d' W' 2 2 2 U U d d U LL N
• O
V O
(O O
I~ O
N O
< O
GO O O
itJ O
(O O
I~ O
O O
N O
N O
(D O
~ O
l7 O
c0 O
m O
O O
N O
f'l O
O O
N N
N O
(D 0
n 0
n 0
w 0
rn 0
O
U 0 0 0 ~ N N N N N V V V N N N N (D (D (p (O (p (fj fp tQ I~ r r m
u
¢ m
0 m
0 m
0 m
0 o~
0 m
0 m
0 s
0 m
0 m
0 m
0 m
0 m
0 m
0 m
0 m
0 m
0 o~
0 o~
0 m
0 m
0 m
0 m
0 rn
0 m
0 rn
0 m
0 m
0 m
0 m
0
v
0
m
m
a
3
0
a
y
10 ~
c ~
Em
N
d U
U ~
Qm ~
Q ao
J G
h 9
o ~0
~ O
O
U
c
v
a
W
J_
m
W
W
0
~i
N
W
m
a
x
U
J
U
Z
O
U~
J o0
J N
N
N
U a
F Z
U Q
W
~ W
Q' a
a o
d
O
z
3 ~
w
O Q 0
N
~ W 4. ~ _
a
~ ~
= ~ ~
~ 0 0
~ ~ ~
~
w
p o ~
U Z N O
Y g
w
5
m
o m
w
Z
N
Z
~
F °
w w w
a
O
K N
Z
o
°0
0
0
W o u~ n o 0
a
s ~y
w
w _
F» _
w
O
m
5
w
o
'
~
w J
N
cn
w
w
U (/]
z
W
z
z
vi
~
a
o w
~ ~
~ z c
i
z ~
a Y
a m
a N
w
~
a U
~ Z x
~ ~
w z
w ~ ~n v, ~ p ? p
W > ~ ~ o a z ~ ~ ~ Z ~ z ~ m ~ o ~
~ Q S ~ ~ z W 5
z y c w V ~ J a U a Q U ~ m w a p U ~ m U N O ~ ~ ~ ~ z o
O ~ Q " j U ~ W W W >y Z O U m W ~ ~ LL N L~i1 Z a ~ Z H y > U Q
a
R' Z
O ~
~ Z
O Z
- U
a >
~ z
Q z
a 2
a J
a W
a ^
W z
= a
U z ~
O O
K Z U
a ~-
Z ~-
Z ~
~ Z
~ 2
v7 ~
U U
~ O
J U
Z ~
0
N N
5 00 N
S ~
~ F lwi a a a W ~
l Q
w C3 U
~ ~ U_
~
W j O F,
~
» ~
Y ~ m
a 00
~ N
5 K
~ Z
- ~
p J
a Z
0 m
>
w ~ a a a a a a C m a g 3 c ~ 3 ~
0 o y o m m rn ¢ a a v~ w = m Y m ~ ~ m ~n U y ~ d y
0
N 0
V 0
V 0
I~ 0
N 0
m 0
O 0
O 0
~ 0
O 0
O 0 0
N 0
O 0
R 0
M 0
(p 0
1~ 0
a0 0
S 0
O 0
N 0
of 0
N
N 0 0 ~ ~ N N N M W~ W~ N N OD DD DD ~ 00 0 0 0 0
QU N N N N N
0
N
m
a
3
0
Y
f0 ~
c ~
~ m
~ N
a v
U
Qm ~
Q ao
J O
M ~
0
0
v
C
c
N
W
0
J_
m
W
W
O
-~
N
W
m
Q
2
U
J
U
2
Q
J o
J O
Q N
N
N
F Q
U~
F- Z
U ~
W
~ W
ao
H
7
O
W
3~
LL
~
'.:
¢~ x
~
_`w
F W W m
W
O a ~ Z
.
U N:IU:: H
O ~' >
z
o
o
w
U';!€;
m 4s:;
2
O 0
o 0
0
~ o
M o
N m
~ m
h
a
O «n w
~ N
Z
O
o
N
y
j
a QQ
s O
w O
w N
~„ w
w
w
z
~
O Z
¢ ~
~
w
O
~ O
~
f~/1 ) Q W x W U W N N
w m Z LL ¢ d e w W w r
U ~ Z
- ~ U
z N
¢ `,- N ° ~ a y W ? LL z
~ z } z c
>
Y w F N Z
U fn Z N U ~ ~ ~ 7 W w O = ~ 2' } ~ N N Z N
5 W
O ¢ Q N p Z
Z N O U
O ~L O
Ym~ O
W' X
IL N ¢ N
~ }
N
~
~ W
a W'
~
~
z
~ O
0
W
> >
N p
a ~ ¢
h ~ ~
F ~ ?Xn.
x0 c~
z c~
z z
~ ~
~
~ o
z o
z W
w
W
3
N
Z o
~ w
~ x
z
~ ¢
~ ¢
t'
z z
o o Z
0 0 Z
o ~YO m m ~ ~ a o o ~ ~ ~ ~ a g
- o w ~ z o
~
N y ~
m N m y z
ww g g ¢
w w
~ a
~ o o a O g w
~ 2
U Z ~ x
v i o m
W S > S ~ S ¢
R R' H J »
J H ¢ ~ } } Y Z O ¢ w W ~ ~ X ¢ 7
D O N O N O li liN d d N ~ N 2 2 C7 N N ~ ~ > x Y W a' N
0 0
N O 0
lp 0
O 0
N 0
t7 0
O V
N O
O In
O 0
V 0
~ 0
f0 0
~ 0
R 0
R V
Q O
N 0
lp 0
O
U O O O ~ ~ ~ ~ N N N N N N N M v ~ R V N
Q N N N N N ~(l In N N N N N N N N N N N N N
0
m_
m
N
a
3
0
Y
N ~
C ~
E m`
UI
a v
U
Qm ~
Q m
J ~
r v
o m
"' `o
0
U
C
d
a
a"
VI
W
J_
m
,W,A
V!
2
W
O
W
m
Q
2
U
J
U
Z
7
O
U
J
J
Q
x
U
H
U
W .
O
a
w
}
N
(~
Z
3
a
F" U O
U
W
W
W
W
W
W
W Ti Z Z Z W
Z ~ Z Z Z Z
W o
~ .m 0 0 0 0 o N 0 0 0 0
O ~ ~
^
~ m m m m m m m
Z
Z
~_
N ~
Z
~ O
O o
O 0
~ 0
p~ ~
N
p
W O
M V
O ~y ' O i0
h
d p p N
0 W N W
p_' Z O
o O
0
c d ~
m N N N N
o V
m
w
a ~
a ~
N m w M °' o
m m
wi N in is
» w w w w w w
N
Z
W ~
J F
a
O
O a,
O ~
O
C7
=
z
~
<
W
w
~
~
Q
w
K
3
O y
~
W
~ Z ~ ~ z ~ ~ ~ ~ ~ ~ ~ ~
Q w ~ z w v~ ~? - W °
\e O a w
(n u_ ~ w W m v
i ~
U
~ w
z ~
~ w
~ ~
a rn
w ~
W
r ~
U ~
~ ~
W a
Z w
Z p
O W
O-' N
} a
V1 N
Q ~
al Z
0 J
H
W
~ a
' ~'
U W
f~ W
Z
U
W Q
~ ~
U F
X U
W ~
N ~
O ~
p W
~
U
W
' ~
} O
F O
F ~
Q a
O O
O g
H g
H ~
W' ~
W O
J N
S
O
~ W
LL -
J
-
J
Q 1
Q
7
K
d ~_
J Z
~
F Q
J
Z J ~ ~ _
w 0.
~n C9 } p. Z ~ 2
a v~ a a O w w v7 m g ~ U - } m a m F O ~ ~
~ Q
~ ~ O J
O W
O W Q Q Q f W C7 U OU a
U' W
Z W
Z O
Y- O
H U
Z j ~ ~ (p V}7 Q
~ U W ~ Z
W N 0
Q O
U J
J O N
W Z
~ a H
U ~ 2' U
U7
s
o
°
~
~
~
~
F
=
~ ~
g Z
z O
x O
x 7
a 7
a 0
~
o
o
g
~
~
a
~
~
o
z F
w
=
a
'
~ H
W
a
o
z
w
o
z
~
N W W W Q ~- W W 2 ~ ~ W W W W W W a
Z 2 p U 4 ~ U a H
N
W S ~
W J J J W
F W ~ ~ ~ (7 W
W W
W O O J H H ~ U
W U
W D_ U
W U
W m
7 Z
O O
C > O W K K p _
J K W
~ U O
^ O ff- W W W fn S pl W ? J H I- 2 S W V1 (q w (q O N O O N U d O U (.7 a a t- m Q ? J 1-
• 0
~ 0
N 0
(D 0
I~ 0
ro 0
O) 0
N 0
(O 0
I~ 0
N 0
V 0
(O 0
of 0
O> 0
0 0
0 0
(O 0
m 0
y 0
(D 0
W 0
O 0
N 0
~ 0
N 0
m 0
C 0
~(l
U 0 0 0 0 0 0 .- .- .- N N N N m m m q ~ ~ g N N OJ m m m O
U
Q O O O O O N (O (O (O f0 (p (O (O (D tp (O (O (O t0 (O (D (D (D W
m Ql
rn Ol
m m
rn m
rn
e
0
t0
a
3
0
a
Y
t0 ~
c °~
E m`
N N
a. U
M~o~~ Vt b
To: Aspen Mayor and City Council
Thru: Steve Barwick, City Manager
From: Paul Menter, Facilitator -Citizen Budget and Finance Task Force
Date: February 4, 2008
Meeting Date: February11,2008
Re: Resolution for Proposed Citizen Budget Task Force; Purpose; Membership List; and By-Laws
Summarv~
Attached please find a proposed resolution creating the City of Aspen Citizen Budget Task Force.
This resolution includes two attachments, an initial membership list (A) and a set of bylaws (B) for
adoption by reference.
The initial membership list includes all citizens initially contacted by the Mayor who have agreed to
participate, as well as those individuals who responded to the City's advertisement for participation in
this process. No interested citizens were excluded from this process.
The bylaws are based upon a structure of support for citizen committees published by the
International City and County Management Association (ICMA).
Analysis:
It is important to provide structure to the task force's activities. One approach to address this issue is
that they be governed by a set of by-laws that establish expectations for task force participation,
input, and final product to the City Council. This is a fairly large group and structure, through a set of
adopted by-laws will assist them in accomplishing their goals over the coming several months.
Historically Aspen Citizen committees' have adopted their own by-laws. In the interest of saving time
(due to the Task Force's short tenure) and in order to more fully endorse the Task Force's efforts,
staff recommend that the Council adopt the Task Force's by laws by reference through approval of
the attached resolution.
The Mayor and Council have mentioned several potential policy issues for task force review. The
following is a synopsis of Council discussion of those items at its January 8th work session - at which
time the Mayor and Council agreed to a consolidation of several issues brought forth by the Mayor
into three major policy categories, or "buckets" as they were described at that meeting:
1. Tax/RevenuelFee Policy
2. Sustainable employment growth and the use of technology
3. Strategic issues -such as Affordable Housing, Transportation, and others to be determined.
February 4, 2008
The task force will finalize a list of issues for review as part of its initial meeting on February 61h, 2008
(in advance of this proposed Council action).
Policv Implications:
The task force's role will be to review and analyze a series of major policy issues facing the City of
Aspen and report back in writing to the Mayor and Council on their findings and recommendations.
Council approval of the proposed by-laws and consensus on a list of major policy issues for review
will help to focus the task force's efforts and increase the likelihood of a successful task force
process.
Recommendation:
Staff recommends that Council approve the attached resolution and by reference the Task Force
Membership list (Attachment A), and By Laws (Attachment B).
RESOLUTION NO. ~~
Series of 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CREATING THE CITY OF ASPEN CITIZEN BUDGET TASK FORCE, PROVIDING
A SCHEDULE OF MEETINGS, AND REQUESTING SAID TASK FORCE TO
PROVIDE A FINAL REPORT OF ITS FINDINGS AND RECOMMEDATIONS BY
SEPTEMBER 1, 2008.
WHEREAS, The Mayor has proposed and City Council endorsed the creation of
a Citizen Budget Task Force, whose purpose shall be to meet monthly from February
through August 2008, on the final Wednesday of each month from 5:30pm to 8:30pm, or
more frequently if needed, to evaluate major issues of budgetary and financial policy, and
provide a set or findings and recommendations to the City Council, and
WHEREAS, The Task Force shall consist of not more than 25, nor less than 15
members as so authorized by the City Council, an initial membership list is provides as
Attachment A to this resolution, and
WHEREAS, the Task Force's initial set By-Laws for operation are provided as
Attachment B and hereby adopted by reference.
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 the creation of the
Citizen Budget Task Force, and does hereby authorize the Mayor, City Manager, and
City staff as designated by the City Manager to provide such operational support as is
reasonable and necessary for the Task Force to complete a review of major issues of
budgetary and fiscal policy within the time frame noted herein..
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 11th day of February, 2008.
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
City of Aspen
Citizen Budget and Finance Task Force, 2008
Task Force By-Laws
Article I: Name: City of Aspen Citizen Budget and Finance Task Force.
Article II: Article II. Purpose, Authority, Duties, and Termination
A. The purpose and authority of this citizen task force is to advise the Aspen
City Council about matters relating to the City's budget and fiscal
policy. Specific issues to be addressed shall be determined by a
majority vote of the City Council.
B. The committee's purpose is advisory. The committee shall communicate
its advice to the City Council in the form of a written final report. This
report will summarize the task force's consensus on each issue that it is
charged with reviewing. The report will also provide an opportunity for
minority written advice should individuals or a group of task force
members feel strongly enough to provide such advice.
C. The authority and existence of the task force will terminate when
consideration of its recommendations has been completed by the City
Council, or on August 30, 2008, whichever occurs first.
The City Council may determine to continue the existence of this task
force by amending these bylaws.
Article III: Membership:
A. There will be a minimum of fifteen and a maximum of twenty-five
members on the task force. Members shall be appointed by the City
Council. Task force members shall serve at the pleasure of the City
Council.
B. Vacancies are filled by application and approval by the City Council.
C. Upon failure of any member to attend three consecutive meetings, the
task force may recommend that the governing body terminate that
appointment and declare the position vacant.
Article IV. Officers and Staffing
A. Task Force Officers. The officers consist of a chair and vice chair who
shall be elected by the membership and who shall serve at the pleasure of
the membership for the task force's term.
Page 1 of 2
B. Chair. The chair shall have general supervisory and directional powers
over the committee. The chair shall preside at all committee meetings and
set the committee's agenda. The chair shall also be an ex-officio member
of all subcommittees and shall be the spokesperson for the committee,
unless this responsibility is delegated in writing.
C. Vice Chair. The vice chair shall execute all powers of the chair in the
absence of the chair.
D. Staff. The City of Aspen will provide staff support to the committee for
presentation of materials, facilitation, meeting notification, information
gathering, and clerical services to the extent that the budget permits.
Staff support shall be limited to support of the review of issues approved
by the City Council.
Article V. Organizational Procedures
A. The regular meeting of the task force shall be February 6`h, and the fourth
Wednesday of every month (February through August) during the task
force's term. The task force may hold additional meetings, and
subcommittee meetings as necessary at a time and place designated by
the chair.
B. Fifty-one percent of the voting membership of the task force shall
constitute a quorum.
C. These bylaws may be repealed or amended, or new bylaws may be
adopted by a majority vote of the governing body on its own initiative, or
upon a recommendation from the committee.
D. The parliamentary authority for this committee is Robert's Rules of Order
Revised, except where superseded by these bylaws or local, state, or
federal law. The Chair may waive the use of Robert Rules of Order if he
or she determines that the task force will function more effectively with a
less formal consensus process, however, the task force shall terminate
its review of all Council directed issues with a formal voter of acceptance
or rejection of a consensus advisory position.
Page 2 of 2
Attachment A
CITY OF ASPEN
CITIZEN BUDGET TASK FORCE -MEMBERSHIP LIST
Last Name First Name Email
Aronson Danny daronson@aspencountryday.org
Baker Lisa lisarbaker@gmail.com
Davidson Don donsno4@comcast.net
De'Francia Jim idefrancia@LoweEnterprises.com
Emmer Maurice memmer@deloitte.com
Elliot Jenny Ibelliot@aspenmusic .org
Fletcher Alan afletcher@aspenmusic.or~
Fox Michael mfox@aspenclub.com
Gordon Scott scottgordon@alpinebank.com
Goshorn ' Marcia marciagoshorn@hotmail.com
Hauenstein Ward ward.hauenstein@gmail.com
Hyman David davidhyman@comcast.net
Kaczynski Michael mkosnitzky@bsfllp.com
Louras Peter petelouras@comcast.net
Mallory Howie hmallory@cobnks.com
Marks
Marolt Marilyn
Steve marilyn aspenoffice.com
Steve@maroltllp.com
Oken Tom tomo@co.pitkin.co.us
Pope Bill ,pope.w@comcast.net
Ressler Dave resda@avhaspen.org
Schwerin Tom tom.schwerin@~mail.com
Tarumianz Lex lex.tarumianz@usbank.com
Tarver Charlie tcharlie@pwest.net
Torre hitorre@aol.com
MEMORANDUM
TO: City Council
THROUGH: Steve Barwick, City Manager
Vlc
FROM: Scott Newman, Senior Financial Analyst-Debt and Investment
Management
DATE OF MEMO: January 37, 2008
MEETING DATE: February 11, 2008
RE: Appeal to the Internal Revenue Service for a Private Letter
Ruling granting tax~xempt status for future debt issues to
finance construction of for-sale workforce housing
REQUEST OF COUNCIL: Staff requests Council approval to expend $30,000 to seek
a Private Letter Ruling from the Internal Revenue Service (IRS) authorizing tax-exempt
financing for the construction of for-sale workforce housing.
PREVIOUS COUNCIL ACTION: City Council held a housing summit on September 6m
and 7rn, 2007 to evaluate workforce housing capacity and demands, at which, it was
determined that a framework for leveraging existing revenue sources to maximize
workforce housing development was a top priority.
City Council approved Resolution No. 107, Series 2007 at the regular December 10,
2007 meeting. This resolution gave the City the option of reimbursing itself for real
property acquisitions up to $5 million from future taxable or tax-exempt borrowings.
Resolution No. 107 complemented Resolution No. 37, Series 2007, approved May 15,
2007, which provided for reimbursement for real property acquisitions up to $30 million.
During 2007, Council approved the purchase of four parcels for approximately $33
million to be used for workforce housing development.
BACKGROUND: The analysis presented at the housing summit estimated that existing
revenue sources, consisting of the City's existing sales tax for workforce housing and
daycare, the housing real estate transfer tax and annual appropriations to the City's
affordable housing development fund, could support development of only 431 for-sale
workforce housing units over the next thirty years.
City staff is in discussions with its investment banker and bond counsel to determine
strategies to leverage these revenue streams to finance development of a greater
Page 1 of 3
number of for-sale workforce housing units than identified in the aforementioned
analysis.
Currently, the only means to issue tax-exempt debt to finance the construction of for-
sale workforce housing is to issue single family housing revenue (SFHR) bonds. The
SFHR program is designed to provide affordable housing to moderate- to low-income
families. The Federal government has enacted legislation limiting the amount of SFHR
Bonds that each state can issue, restricting use to first time homebuyers as well as
imposing guidelines on maximum income limits and sales price for potential home
buyers. Colorado receives a total SFHR allocation of approximately $413 million, with
one half of the State of Colorado's volume cap allocated to the Colorado Housing
Finance Authority (CHFA). The remaining volume cap is allocated to Counties, Cities
and Towns with populations in excess of 24,300. For people living with Pitkin County
the income limit cannot exceed $71,400 for one person ($89,300 for two persons) and
the purchase price limit is $343,700. By virtue of its size, neither the City nor Pitkin
County receives a volume cap allocation.
DISCUSSION: Aspen's workforce housing program is driven by the extraordinarily high
price of housing and the need to house its workforce in relatively close proximity to
town. Inflated land and construction costs hinder the City's ability to provide 'affordable'
housing. The problem is exacerbated in that the population that the City is attempting
to house is not destitute, rather is the solid middle class that helps drive the economic
engine of the City. On a comparative basis, Aspen's working class is well off financially
compared to the people that Federal affordable housing programs target. Although, the
income of Aspen's target population may be greater; so to are housing prices. On a
relative basis Aspen's residents are in as great if not greater need of `affordable'
housing as those targeted by the Federal programs.
Because of this dynamic and the City's successful track record in providing workforce
housing, bond counsel is of the opinion that this might be an ideal case to present to
the IRS for a Private Letter Ruling for tax-exempt financing for construction of for-sale
workforce housing that does not meet Federal income and home price guidelines.
Obtaining a Private Letter Ruling is a three step process. Step one involves developing
the facts and building the case in support of the desired ruling and taking the question
to the IRS, on an anonymous and informal basis. Whereupon, the IRS will give their
initial impression as to whether the question is or is not with merit and whether they
would be willing to entertain the question.
If the IRS is willing to entertain, step finro involves formally drawing up the question and
presenting it to the IRS. Currently, the application fee is $10,000 and covers the IRS
examination of the question. This fee is non-refundable.
In the third step, the IRS, following its examination, will come back and review the
application with counsel and negotiate a ruling. If it is favorable, they will write a Private
Letter Ruling as to the tax-exempt status of the application. The Ruling would than
apply to any future financings that meet the conditions of the Ruling.
Bond counsel expects the process to take approximately six to nine months, from
formulation of the question to completion. Costs associated with this process are
Page 2 of 3
estimated to be $30,000. They include the $10,000 application fee to the IRS, in
addition to legal fees. Bond counsel estimates its legal fees in connection with the
preparation and presentation of the question and negotiations with the IRS to be
$20,000.
FINANCIAL/BUDGET IMPACTS: The ability to finance future for-sale workforce
housing on atax-exempt basis would allow the City to further leverage its available
revenue streams dedicated to this purpose significantly. At current levels, the savings
associated with atax-exempt rather than a taxable construction financing could result in
an annual savings in associated interest costs of $12,000 per each $1 million borzowed.
Construction of Burlingame Phase II is programmed to begin in 2009 and is budgeted
to cost $65 million. Staff anticipates it to be financed with a bond issue. The interest
savings associated with atax-exempt debt issuance rather than taxable would be
$780,000, annually.
Staff recommends that the expenditure be appropriated from the housing development
fund. This expenditure was not anticipated during the budget process; therefore it
would have to be part of the first supplemental appropriation.
RECOMMENDED ACTION: Staff recommends approval to expend $30,000 to seek a
Private Letter Ruling from the Internal Revenue Service authorizing tax-exempt status
of future debt issues to finance the construction of for-sale workforce housing.
ATTACHMENTS: None.
L~ ~~ ~~
S -
Page 3 of 3
vn a,
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Amy Guthrie, Historic Preservation Officer
THRU: Chris Bendon, Community Development Director ~/~ ~ • ~ ~
DATE: February 11, 2008
RE: 627 W. Main Street, Establishment of One (1) Transferable
Development Right, First Reading of Ordinance #Z, Series of
2008 (Parcel 2735-124-48-010) Second Reading scheduled for
Mazch 10, 2008.
REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of
one 250 square feet Transferable Development Right certificate (TDR).
-~.r
r
r_ )~
~:
s
_7M1, I
APPLICANT: Douglas Kelso, owner, represented by Steev Wilson, Forum Phi.
LOCATION: 627 W. Main Street, Lot B, Block 25, City and Townsite of Aspen.
~, i
J.
~~~
i
BACKGROUND: The subject property is a 3,000 square foot lot that is located at the far west
end of Main Street, within the historic district. A Victorian era home, still in use as a residence,
sits on the lot. The owner would like to sell some unused FAR as one TDR. A modest
expansion will be proposed to the HPC in the near future.
627 W. Main ~ - _
Revised 2/4/2008
C:\home\AMYG\CASES\TDR\627wmainfirstreading.doc
Page 1 of 2
DISCUSSION: The purpose of a TDR is to encourage the preservation of Historic Landmarks
within the City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-historic
property within the City of Aspen. Each TDR is equal to 250 squaze feet of Floor Area. The
TDR program enables standard market forces, and the demand for floor area and increased unit
sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as
reflected in its built environment. Funds that aze gained from the sale of TDRs may be invested
back into the landmark.
Floor Area Analysis for 627 W. Main:
Total allowable floor area for 3,000 square
foot lot with existing single family home in
the Mixed Use zone district
2,400 square feet
Sever 1 TDR certificate at 250 square feet
floor area on 627 W. Main
feet
Balance remaining for future expansions ~ (2,150 - 2,004) = 146 square feet
RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets the
applicable review criteria to Establish one Transferable Development Right and finds that TDRs
are a good tool for preserving a historic resource by reducing development pressure. Staff
recommends approval of the TDR certificate.
PROPOSED MOTION: "I move to approve Ordinance # 2 Series of 2008 upon First
Reading, and to schedule Second Reading for Mazch 10, 2008."
CITY MANAGER COMMENTS:
ATTACHMENTS:
A -Review Criteria.
B -Summary of Aspen Historic Preservation Benefits.
C -Application.
Revised 2/4/2008
(2,400 - 250) = 2,150 square feet
allowable floor area on the site after severing
TDR
C:\home\AMYG\CASES\TDR\627wmainfirstreading.doc
Page 2 of 2
Exhibit A
SOCtIOn 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE
DEVELOPMENT RIGHT.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710.
Properties on which such development is a conditional use shall not be eligible.
Staff Finding:
The proposed 3,000 square foot sending site is located within the Mixed Use zone district, which
allows residential single-family use. The sending site is a designated Historic Landmark, listed
on the Aspen Inventory of Historic Landmark Sites and Structures.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested
Staff Finding:
The subject property has a total allowable FAR of 2,400 square feet. A total of 396 square feet
of floor area remains unbuilt on the site. The property is eligible to establish one (1) Historic
TDR Certificate, worth 250 square feet.
It is demonstrated that the establishment of TDR Certificates will not create a nonconformity.
In cases where nonconformity already exists, the action shall not increase the specific
nonconformity.
Staff Finding:
The establishment of one TDR will not increase or create anon-conformity.
c) The analysis of unbuilt development right shall not only include the actual built
development, any approved development order the allowable development right
prescribed by zoning, and shall not include the potential of the Sending Site to gain
F[oorArea bonuses, exemptions, or similar potential development incentives.
Staff Finding: The existing structure includes 2,004 square feet of floor area out of an
allowable floor area of 2,400 square feet. The unbuilt floor area existing on the site is 396 square
feet. There are currently no other approved plans in place that would decrease available FAR.
d) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void.
Exhibit A
Revised 2/4/2008
C:\home\AMYG\CASES\TDR\627wmainExhibitA.doc
Page 1 of 2
Staff Finding: The property will not be permitted to develop any more Floor Area than
permissible under this standard.
e) The proposed deed restriction permanently restricts the development of the property
(the Sending Site) to an allowable Floor Area not exceeding the allowance for a
single family or duplex residence minus two hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates established. The
deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a
square footage reduction from the allowable Floor Area, as may be amended from
time to time. The Sending Site shall remain eligible for certain Floor Area
incentives and/or exemptions as may be authorized by the Ciry of Aspen Land Use
Code, as may be amended from time to time. The form of the deed restriction shall
be acceptable to the Ciry Attorney.
Staff Finding:
Said deed restriction shall be a condition of approval.
f7 Areal estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the Ciry shall execute and deliver the applicable number ojHistoric
TDR Certiftcales to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Offtce.
Staff Finding:
Said closing shall be a condition of approval.
g) !t shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the
Community Development Director. Certain review fees may be required for the
confirmation of built Floor Area.
Staff Finding:
Adequate plans have been provided in the application.
Exhibit A
Revised 2/4/2008
C:\home\AMYG\CASES\TDR\627wmainExhibitA.doc
Page 2 of 2
ORDINANCE N0. ~_
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1)
250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE
DEVELOPMENT RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 W.
MAIN STREET, LOT B, BLOCK 25, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO
PARCEL NO. 2735-124-48-010
WHEREAS, the Community Development Department received an application
from Douglas Kelso, owner (hereinafter "the Applicant"), represented by Steev Wilson,
Forum Phi, requesting the establishment of one (1) Historic Transferable Development
Right Certificate for the property located at 627 W. Main Street, Lot B, Block 25, City
And Townsite Of Aspen, Pitkin County, Colorado; and,
WHEREAS, the subject property is zoned MU (Mixed Use) and contains a single
family home; and,
WHEREAS, 627 W. Main Street, Lot B, Block 25, City And Townsite Of Aspen,
Pitkin County, Colorado is listed on the Aspen Inventory of Historic Sites and Structures;
and,
WHEREAS, in order to establish a Historic Transferable Development Right
Certificate, the applicant shall meet the following requirements of Aspen Municipal
Code: Section 26.535.070 which is as follows:
26 535.070 Review Criteria for the Establishment of Historic Transferable
Development Right.
A Historic TDR Certificate for 250 square feet of Floor Area may be established by the
Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance,
finding all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a
single family or duplex residence is a permitted use, pursuant to Chapter
26.710. Properties on which such development is a conditional use shall not
be eligible.
b) It is demonstrated that the Sending Site has permitted unbuilt development
rights, for either a single family or duplex home, equaling or exceeding two-
hundred and ftfty (250) square feet of Floor Area multiplied by the number
of Historic TDR Certificates requested
c) It is demonstrated that the establishment of TDR Certifuates will not create
a nonconformity. In cases where nonconformity already exists, the action
shall not increase the specifu nonconformity
Ordinance No. 42, Series 2007
Revised 2/4/2008
C: \home\A MYG\CASE S\TDR\627wm ainordinance. doc
Page 1 of 4
d) The analysis of unbuilt development right shall not only include the actual
built development, any approved development order the allowable
development right prescribed by zoning, and shall not include the potential
of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives
e) Any development order to develop Floor Area, beyond that remaining
legally connected to the property after establishment of TDR Certificates,
shall be considered null and void.
f) The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the
allowance for a single family or duplex residence minus two hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic
TDR Cert fcates established. The deed restriction shall not stipulate an
absolute Floor Area, but shall stipulate a square footage reduction from the
allowable Floor Area, as may be amended from time to time. The Sending
Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized by the City of Aspen Land Use Code, as
may be amended from time to time. The form of the deed restriction shall be
acceptable to the City Attorney.
g) Areal estate closing has been scheduled at which, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable
number of Historic TDR Certiftcates to the Sending Site property owner and
that property owner shall execute and deliver a deed restriction lessening
the available development right of the subject property together with the
appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
h) It shall be the responsibility of the Sending Site property owner to provide
building plans and a Zoning analysis of the Sending Site to the satisfaction
of the Community Development Director. Certain review fees may be
required for the confirmation of built Floor Area; and
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed establishment of one (1) Historic Transferable Development Right; and,
WHEREAS, the Aspen City Council has reviewed and considered the proposal
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 finds that the request to establish one (1) Historic
Transferable Development Rights meets the intent of the Aspen Historic Preservation
Program and is consistent with the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Ordinance No. 42, Series 2007
Revised 2/4/2008
C: \home\AM YG\CASES\TDR\627 wmainord finance. doc
Page 2 of 4
Section 1
The City Council finds that the application meets all required standards and eligibility as
stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is
complete and sufficient to afford review and evaluation for approval; and
Section 2
The City Council does hereby establish one (1) Historic Transferable Development Right
of 250 square feet of Floor Area to the sending site located at 627 W. Main Street, Lot B,
Block 25, City And Townsite Of Aspen, Pitkin County, Colorado with the following
conditions:
1. Upon satisfaction of all requirements, the city and the applicant shall establish
a date on which the Historic TDR Certificate shall be validated and issued by
the City and a deed restriction on the property shall be accepted by the City
and filed with the Pitkin County Clerk and Recorder.
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall
execute and deliver the Historic TDR Certificate to the property owner and the
property owner shall execute and deliver a deed restriction lessening the
available development right of the Sending Site (627 W. Main Street, Lot B,
Block 25, City And Townsite Of Aspen, Pitkin County, Colorado) by 250
square feet together with the appropriate fee for recording the deed restriction
with the Pitkin County Clerk and Recorder's Office.
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutiona- in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5•
A public hearing on the ordinance will be held on the 10`h day of March, 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
Ordinance No. 42, Series 2007
Revised 2/4/2008
C: \home\A MYG\C AS E S\TDR\627wmainordinance. doc
Page 3 of 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11 m February, 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 10~' day of Mazch, 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Ordinance No. 42, Series 2007
Revised 2/4/2008
C:\home\AM YG\CASES\TDR\627wm ainordinance. doc
Page 4 of 4
ATTACHMENT 2-LAND USE APPLICATION
APPLICANT:
Name: Douglas Kelso
location: 627 W. Main Street Aspen, CO 8161 I, Block 25 Lot B, city and townsite of Aspen
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 273512448010
KEPRESENTATIVE:
Name: Forum Phi
Address: 103 Devon Court Basalt, CO 8161 1
Phone #: (970 279-4157
PROJECT:
Name: Kelso Residence
Address: 627 W. Main Street Aspen, CO 8161 I
Phone #: (970) 925-3349
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, condominiumization) Expansion
Mountain View Plane
^ Lot Split ^ Temporary Use ® Other: Historic TDRs
^ Lot Line Adjustment ^ TexUMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Existing building is an 2004 square foot single family residence
PROPOSAL: (descri lion of ro osed buildin s, uses, modifications, etc.)
We are requesting istoric TDRs
~e you attached the following? FEES DUE: $ '705. oc~
Pre-Application Conference Summary
^ Attachment #l, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
[~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
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.
ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
Project: Kelso Residence
Applicant: Douglas Kelso
Location: 627 W. Main Street Aspen, CO 81611
Zone District: MU
Lot Size: 3000 Square feet
Lot Area: 3000 Square feet
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 0 Proposed 0
Number of residential units: Existing: I Proposed: 1
Number of bedrooms: Existing: 3 Proposed 3
Proposed % of demolition (Historic properties only):
DIMENSIONS: ~0
Floor Area: Existing: 2004 sq. ft. Allowable:,3ABB'sq..ft. _Proposed:2004
Principal bldg. height: Existing.• N/C Allowable: _25 feet Proposed. N/C
Access. bldg. height: Existing: none Allowable: none Proposed: _none_
On-Site parking: Existing: N/C Required: Proposed:_ N/C
Site coverage: Existing: Required: N/A Proposed:
Open Space: Existing. Required: N/A Proposed:
Front Setback: Existing: N/C Required: 10_feet Proposed:_ N/C
Rear Setback: Existing: _N/C Required: 5_fee[ Proposed:_ N/C
Combined F/R: Existing: N/C Required: Proposed:_ N/C
Side Setback: Existing: N/C Required: Sfeet Proposed: _N/C
Side Setback: Existing: N/C Required: Sfeet Proposed: _N/C
Combined Sides: ExistinK• N/C Reyuired: Proposed: N/C
Distance Between Existing: N/A Required: 10 feet Proposed: _ N/C
Buildings
Existing non-conformities or encroachments :_House c urrently lies in a setback
Variations requested:
The following is a written response to the criteria for establishing a Historic Transferable
Development Right. The criteria are show in 26.535.070 A-H. The written response
requirement is show in 26.535.090 A6. The property referenced is 627 W. Main Street
Aspen, CO 8161 1 owned by Douglas Kelso.
A: The Sending Site is a Historic Landmark on which the development of asingle-family or
duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such
development is a conditional use shall not be eligible.
Response: The sending site is zoned Mixed Use (MU) and pursuant to the land use code
26.710.180 B 12 a single family residence is a permitted use. Per the City of Aspen zoning
map the property lies within the main street historic district and this is a Historic Landmark.
B: It is demonstrated that the Sending Site has permitted unbuilt development rights, for
either asingle-family or duplex home, equaling or exceeding two-hundred and fifty (250)
square feet of Floor Area multiplied by the number of Historic TDR Certificates requested.
Response: Per the Mixed use zoning regulations specifically 26.710.180 Dl 1 A "For
properties within the Main Street Historic District, this maximum cumulative FAR shall be
1:1 ". The lot size of the lot in question is 3000 square feet, thus the FAR is 3000 square feet.
Since the present F R is 2004 per the in luded existing drawin s there exist 250 square feet
of unbuilt FAR. ~V/2L~'IDrn; ~aXtwt~wi ~i~~- 6e Z~~~Sgva+~,fi~"
C: It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not increase the
specific nonconformity.
Response: Since the property is presently incompliance with FAR regulations and also will
be in compliance with present regulations minus 250 square feet, there is no noncomformity.
D: The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning, and
shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or
similar potential development incentives.
Response: The floor area analysis presented in item B of this response only considers the
Mixed Use zoning. Thus the property will comply without any bonuses exemptions or other
incentives.
E: Any development order to develop Floor Area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
Response: This is hereby agreed by the owner.
F: The proposed deed restriction permanently restricts the development of the property (the
Sending Site) to an allowable Floor Area not exceeding the allowance for asingle-family or
duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by
the number of Historic TDR Certificates established. The deed restriction shall not stipulate
an absolute Floor Area, but shall stipulate a square footage reduction from the allowable
Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for
certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen
Land Use Code, as may be amended from time to time. The form of the deed restriction shall
be acceptable to the City Attorney.
Response: This is hereby agreed by the owner.
G: A real estate closing has been scheduled at which, upon satisfaction ofall relevant
requirements, the City shall execute and deliver the applicable number of Historic TDR
Certificates to the Sending Site property owner and that property owner shall execute and
deliver a deed restriction lessening the available development right of the subject property
together with the appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
Response: Such a real estate closing can be scheduled at the City's convenience and such title
will be delivered to the Pitkin County Clerk at that time. -
H: It shall be the responsibility of the Sending Site property owner to provide building plans
and a zoning analysis of the Sending Site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built Floor Area.
Response: This clause is agreed upon and appropriate drawings and analyses have been
included with this response.
AFFIDAVIT OF DOUGLAS P. KELSO
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
COMES NOW THE AFFIANT, Douglas P. Kelso, being first duly sworn and
states and avers as follows:
A. A deed restriction in the form attached hereto as Exhibit A will permanently
encumber the Sending Site (Lot B, Block 25, City and Townsite of Aspen)
and restrict that property's development rights to below that allowed by right
by zoning according to the number of Historic TDR Certificate established
from that Sending Site.
B. For each certificate of development right issued by the City for this particulaz
Sending Site, that property shall be allowed two-hundred and fifty (250)
squaze feet less of Floor Area, as permitted according to the property's
zoning, as amended.
C. The Sending Site property owner shall have no authority over the manner in
which the certificate of development right is used by subsequent owners of
the Historic TDR Certificate.
FURTHER AFFIANT SAYETH NOT.
Douglas P. Kelso
Subscribed and sworn to before me by Douglas P. Kelso this ~ day of
'..~ 1- 200. ~----~ , r ~'1
NOT9Ry pU~ ON
7'AT~~F C~LOxADp
EXt1161T
~-
DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF
TWO (2) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS
PURSUANT TO ASPEN CITY COUNCIL
ORDINANCE # ,SERIES OF 2007
THIS DEED RESTRICITON AND AGREEMENT is made and entered into this
day of , 2007, by Douglas P. Kelso, (hereinafter referred to as "Owner"), whose
address is ,Aspen, CO 81612, located in the City of Aspen, State of
Colorado, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule
Charter and the Constitution of the State of Colorado, acting through its City Council,
(hereinafter the "City");
WITNESSETH
WHEREAS, Owner owns real property more specifically described Lot B, Block 25, City
and Townsite of Aspen; Parcel ID 2 73 512yygolo ,Pitkin County, Colorado, also known
as ,Aspen, (hereinafter referred to as "Real Property"), which Real
Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code
("City Code"); and
WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with
Section 26.535.040 of the City Code, and supplied the necessary application materials identified
in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the
City Code; and
WHEREAS, The Community Development Department has reviewed Owner's
application according to the review standards identified in 26.535.060 of the City Code, and has
recommended approval of the application and the establishment of two (2) Historic TDR
Certificates as set forth herein; and
WHEREAS, City Ordinance No._, Series of 2007 dated , 2007 (the
"Ordinance"), approves the establishment of the above referenced Historic TDR Certificates, and
requires that a Deed Restriction be recorded in real property records of Pitkin County,
designating the Real Property as a Sending Site and permanently restricting the development of
the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for
a single-family residence minus two hundred and fifry (250) square feet of Floor Area multiplied
by the number of Historic TDR Certificates established; and
WHEREAS, in consideration of the establishment of two Historic TDR Certificates
pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth
herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, Owner and the City hereby covenant and agree as follows:
1. Development of the Real Property (the Sending Site) is hereby permanently
restricted to an allowable Floor Area not exceeding the allowance for asingle-family residence
as otherwise permitted by the City Code on the Real Property, minus five hundred (500) square
feet, that being two hundred fifty (250) square feet of Floor Area multiplied by the two Historic
TDR Certificates hereby established.
2. In consideration of the foregoing, and pursuant to the Ciry Code and the
Ordinance, the City shall cause the issuance of two (2) Historic TDR Certificates, executed by
the Mayor, each allowing the development of an additional two hundred fifty (250) square feet of
Floor Area on a Receiver Site to be determined pursuant to the Ciry Code. These Historic TDR
Certificates may be sold, assigned, transferred, or conveyed. Transfer of title shall be evidenced
by an assignment of ownership on the actual certificate document. Upon transfer, the new owner
may request the City re-issue the certificate acknowledging the new owner. Reissuance shall not
require adoption of a new ordinance. The market for such Historic TDR Certificates shall remain
unrestricted and the City shall not prescribe or guarantee the monetary value of any Historic
TDR Certificates.
3. This deed restriction shall not be construed to stipulate an absolute Floor Area on
the Real Property, but only a square footage reduction from the allowable Floor Area, as that
allowable Floor Area may be amended from time to time.
4. The Real Property (Sending Site) shall remain eligible for Floor Area incentives,
bonuses and/or exemptions as may be authorized by the City Code, as it may be amended from
time to time.
5. This restriction may be modified only in a writing signed by both the Owner and
the City.
6. Unless modified as stated above, this Agreement shall constitute a covenant
running with the Real Property as a burden thereon for the benefit of, and shall be specifically
enforceable by, the City Council of the City of Aspen by any appropriate legal action including,
but not limited to, injunction or abatement.
IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and
year above first written.
OWNER:
By:
Douglas P. Kelso
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2007, by Douglas P. Kelso.
Witness my hand and official seal.
My commission expires:
Notary Public
APPROVAL OF CITY ATTORNEY
By:
John P. Worcester, City Attorney
THE CITY OF ASPEN, COLORADO
a body politic and corporate pursuant to
its Home-Rule Charter and the Constitution of the State of Colorado
By:
Michael Ireland
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _ day of
2007, by Michael Ireland, as Mayor of the City of Aspen.
Witness my hand and official seal.
My commission expires:
Notary Public
Vllb
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Ben Gagnon, Special Projects Planner
DATE OF MEMO: Februazy 4, 2008
MEETING DATE: February 11, 2008
RE: Aspen Fire Station Redevelopment COWOP Ordinance -
Public Hearing, First Reading
Ordinance No.3, Series of 2008
APPLICANT:
Aspen Fire Protection District
REPRESENTATIVE:
Leslie Lamont
OWNER: City of Aspen
LOCATION:
420 and 422 East Hopkins
(Fire Station and Thrift Shop)
540 East Main St.
(Zupancis Property)
CURRENT ZONING:
420 and 422 East Hopkins:
Commercial Core
540 East Main: Commercial Core
and
Service/Commercial/Industrial
(S/C/I).
PROPOSED LAND USE:
420 and 422 East Hopkins:
Redevelop Fire Station and Thrift
Shop
540 East Main:
Temporazy shelter for fire engine
SUMMARY: Applicant requests approval of Ordinance No.
3 , as the final step in a COWOP process that was initiated
in January 2006. On Dec. 18, 2007, the Fire Station
Redevelopment COWOP Task Force voted unanimously to
recommend this Ordinance to City Council.
STAFF RECOMMENDATION:
Staff recommends approval of the Ordinance, which
establishes the dimensions, FAR, programming and
architecture of the redevelopment of the Fire Station and
The Thrift Shop. It also allows for the use of the Zupancis
Property for the temporary location of a fire engine shelter
while redevelopment at Hopkins Street site is underway.
A rendering of the new Fire Station. Please see Attachment 4 for full size
renderings and additional information. _
REQUEST OF COUNCIL: City Council is asked to grant approval of a COWOP-
based Ordinance for the redevelopment of the Fire station and The Thrift Shop, while
allowing the use of the Zupancis Property For a temporary fire engine shelter to be used
during the construction at Hopkins Street.
BACKGROUND: The redevelopment of the Aspen Fire Station and The Thrift Shop has
been proceeding through two land use reviews since January 2006, namely a COWOP
review and a Historic Preservation Commission review.
The Aspen Fire Station Redevelopment COWOP project was determined eligible for the
City's Convenience and Welfare of the Public (COWOP) land use review process
pursuant to Resolution 4, Series of 2006, approved by City Council on January 9, 2006.
The scope of the COWOP project was a redevelopment of the Hopkins Street Fire Station
and The Thrift Shop.
On March 13, 2006, City Council approved Resolution No. 15, endorsing the COWOP
Task Force Team's conceptual use program, site plan and building, massing and form
plan for the Fire Station and Thrift Shop site.
In May 2006, an election of voters within the Aspen Fire Protection District (AFPD) was
held, approving a bond issuance to fund the construction of a new substation at North 40
in Pitkin County, and for the ultimate redevelopment of the Hopkins St. Fire Station.
After the May 2006 election, the COWOP Task Force Team suspended meetings while
the AFPD focused on the design and construction of a new substation at the North 40
site, the completion of which is necessary prior to any redevelopment of the Hopkins
Street Fire Station.
In November 2007, with the North 40 substation substantially completed, the AFPD
fumed its attention back to the COWOP land use review for the Hopkins Street Fire
Station.
On Dec. 3, 2007, the City Council approved Resolution No. 99 to include the Zupancis
Property as additional lands under the Fire Station Redevelopment COWOP so the AFPD
can use that property for a temporary shelter to house a fire engine while the Hopkins
Street redevelopment is taking place.
On Dec. 18, 2007, the Fire Station Redevelopment COWOP Task Force unanimously
recommended that City Council approve an Ordinance that establishes the site plan,
building massing and form, programming and architecture for the redevelopment of the
Fire Station and Thrift Shop. The motion to approve with conditions, approved 14-0 by
the COWOP Task Force, is incorporated in Section 1 of the Ordinance.
MAIN ISSUES: Under Resolution No. 15, Series of 2006, City Council approved the
site plan, as well as the conceptual building massing and form for the new Fire Station
and Thrift Shop. The main task remaining was architectural treatment.
2
While the COWOP Task Force meetings were suspended for the balance of 2006 and
most of 2007, the Aspen Fire Protection District worked through vazious architectural
treatments, while closely involving volunteer firefighters in the effort. Once there was
internal agreement on the architecture, the COWOP Task Force was reconvened on Dec.
18, 2007, when it unanimously approved the proposal by a vote of 14-0, and
recommended Council approval. On Jan. 23, 2008, the Historic Preservation Commission
voted 6-0 to grant Final Approval to the project. (Please see Attachment D for an
explanation behind the architectural treatment, and Attachment E for two [2] visual
renderings.)
COWOP LAND USE REVIEW STANDARDS: Resolution No. 4, Series of 2006
identified the Standazds of Review by which the project will be reviewed. They are:
/ Planned Unit Development (PUD);
/ Growth Management, to the extent determined necessary during project review;
/ Subdivision, to the extent determined necessary during project review;
/ The Aspen Area Community Plan (AACP);
/ The Civic Master Plan.
Staff finds the project complies with the Standards of Review for PUD and Growth
Management, and is consistent with the AACP and the Civic Master Plan. It was
determined during review that Subdivision standards were not applicable for this project
as the lease-holding interests will be unchanged.
Staff findings with regard to Standards of Review for PUD and Growth Management aze
attached as Exhibit A and Exhibit B. A finding of consistency with the AACP is
incorporated in the staff findings for PUD in Exhibit A, and findings of consistency with
the Civic Master Plan are attached as Exhibit C.
Staff is unsure why Resolution No. 4 did not require the project to be reviewed according
to underlying Commercial Core Zone District requirements, and believes this was an
oversight. However, the proposal not only complies with Commercial Core Zone District
requirements as they existed when the application was made in January 2006, but also as
updated in May 2007.
HISTORIC PRESERVATION COMMISSION REVIEW: The COWOP land use
review process requires applicants to comply with the procedures established in Section
26.415, Development Involving the Inventory of Historic Sites and Structures or
which Occur in an "H" Historic Overlay District.
The Historic Preservation Commission granted Conceptual Approval for the project in
2006, but this approval lapsed in 2007. As a result, the proposal was required to comply
with the Commercial Design Standards adopted in May 2007 as part of the HPC final
approval process. The HPC found the proposal complied with the Commercial Design
Standards, and established several conditions acceptable to the applicant, as outlined
below.
3
On January 23, 2008, the Historic Preservation Commission voted 6 - 0 to approve Major
Development and Commercial Design Review for the Fire Station and Thrift Shop
redevelopment. The following is an excerpt from the January 23 staff memo, followed by
a list of conditions established as part of HPC Resolution No. 2, Series of 2008 (see
Attachment I for a complete copy of HPC Resolution No. 2).
"Staff finds that the project meets all relevant guidelines for Final and will be a
significant improvement over the existing Fire Station and a great contribution to the
downtown. The only aspect of the project that has not generated discussion previously is
the proposed PV panels on the roof. Staff does not believe these will be visible from the
street, however that must be verified with additional graphics and the panels should be
moved back towards the alley as far as possible. We do have some concern with these
panels in terms of the City roofscape when viewed from above. More information about
the plans fora "green roof' must be provided."
Conditions adopted by the HPC as part of Resolution No. 2, Series of 2008:
1. The aluminum storefront used on the Firestation structure will be cleaz anodized
aluminum. On the Thrift Shop, the metal is to have a gray tone.
2. The East wall of the Thrift Shop requires restudy to create articulation/visual
interest, to be reviewed by Staff and Monitor.
3. The Commercial Design Standard which would require an airlock for the Thrift
Shop is waived because it is not necessary for this small retail space.
4. HPC supports the installation of a green roof on the building.
5. The PV panels on the Firestation aze to be moved to the lower roof section, along the
alley, as reviewed by HPC on January 23, 3008.
6. The azchitects have represented the materials for the structure, but may make
amendments to the textures selected for the precast concrete. Information is to be
submitted for review by Staff and Monitor. There is particularly concem that the
alley elevation be handled carefully so that the wall is not monolithic.
7. The paving/landscaping installed across the frontage of the site is to be as
represented at the January 23, 2008 meeting and coordinated with proposed
alterations to the Isis addition.
8. HPC staff and monitor must approve any changes with regard to the type and
location of exterior lighting fixtures by reviewing a plan prior to wiring,
purchasing, or installing the fixtures.
9. Information on all venting locations and meter locations not described in the
approved drawings shall be provided for review and approval by staff and monitor
when the information is available.
10. There shall be no deviations from the exterior elevations as approved without first
being reviewed and approved by HPC staff and.monitor, or the full boazd.
11. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
12. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter
4
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.
STAFF COMMENTS: Staff believes the COWOP land use review process was a
comprehensive and appropriate tool to review this development, including representatives
of relevant review agencies, neighbors and citizens. The redevelopment proposal reflects
a substantial improvement to the operational function of the AFPD and The Thrifr Shop,
and is also a substantial improvement to the aesthetics of the Fire Station and Thrift Shop.
The addition of a museum inside the proposed Fire Station will be an outstanding public
amenity, for locals and visitors alike.
RECOMMENDATION: Staff recommends City Council approve the Ordinance.
RECOMMENDED MOTION:
"I move to approve Ordinance No.3 ,Series of 2008, approving the
redevelopment of the Aspen Fire Station and Thrifr Shop, and allowing for the use
of the Zupancis Property, with conditions, finding that the applicable standards of
review have been met."
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A -Staff Findings: Planned Unit Development Review Standards
EXHIBIT B -Staff Findings: Growth Management Review Standards
EXHIBIT C -Staff Findings: Consistency with the Civic Master Plan
EXHIBIT D -Historic Influences on the Design of the New HQ Fire Station Facade
EXHIBIT E -Visual renderings of the new Fire Station + Thrifr Shop
EXHIBIT F-Council Resolution No. 4, Series of 2006 (COWOP Eligibility)
EXHIBIT G-Council Resolution No. I5, Series of 2006 (Conceptual Endorsement)
EXHIBIT H -Council Resolution No. 99, Series of 2007 (Addition of Zupancis Property)
EXHIBIT I -Historic Preservation Commission Resolution No. 2, Series of 2008
(Final Approval)
ORDINANCE NO. 3
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING FINAL LAND USE APPROVALS AND GRANTING
A DEVELOPMENT ORDER FOR THE ASPEN FIRE PROTECTION DISTRICT
HEADQUARTERS STATION AND THE THRIFT SHOP COWOP PROJECT ON
A PROPERTY OWNED BY THE CITY OF ASPEN, LOTS O, P, Q, AND, R,
BLOCK 87, CITY AND TOWNSITE OF ASPEN AND 540 EAST MAIN STREET,
A METES AND BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19 CITY
OF ASPEN
WHEREAS, the Aspen City Council, pursuant to Resolution 4, Series of 2006,
determined eligible for the City's development For the Convenience and Welfare of the
Public (COWOP) review process the redevelopment of certain real property (hereinafter
the "Project") owned by the Aspen Fire Protection District and the City of Aspen, and
successors and assigns, for the purpose of providing a new and expanded Fire District
Headquarters and Thrift Shop; and,
WHEREAS, the Project includes the Fire Station Headquarters and the Thrift
Shop. The City of Aspen owns the four lots and the Aspen Fire Protection District leases
those lots from the City and owns the building. The Thrift Shop subleases from the Fire
District and owns their own building; and,
WHEREAS, the Project also includes 540 East Main Street (known as the
Zupancis property) where a temporary shelter for one first-due response fire engine will
be located while the Headquarters Station is being redeveloped; and,
WHEREAS, the Project's design/development team was represented by Darryl
Grob, the Fire District Chief, Nancy Gensch, Thrift Shop Board, Gilbert Sanchez and
Joseph Spears of Studio B Architects, Leslie Lamont of Lamont Planning Services, Inc.,
Dick Fenton of Fenton Construction and John Kelleher an owner's representative; and,
WHEREAS, the Fire District and the Thrift Shop, as a condition of their long
term lease with the City of Aspen, seek final development approval from the City
Council to construct and complete the Project subject to the COWOP process and the
development approvals described herein; and,
WHEREAS, the COWOP land use review process, Section 26.500 of the City of
Aspen Land Use Code, was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
City Council according to said Section, to involve an iterative process considering input
from neighbors, property owners, public officials, members of the public, and other
parties of interest assembled as a formal reviewing authority of the City of Aspen Task.
Force Team providing recommendations directly to City Council; and,
WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team
was comprised of Thrift Shop and Fire District representatives, neighbors, representatives
of the City of Aspen Community Development Department, representatives of the City of
Aspen City Council, representatives of the City of Aspen Planning and Zoning
Commission, representatives of the City of Aspen Historic Preservation Commission,
representatives of emergency services of Pitkin County, and members of the citizenry.
The City of Aspen Community Development Director served as the chair of the Task
Force Team, in compliance with the requirements of Section 26.500 of the Aspen Land
Use Code. The composition of the Aspen Fire Station Redevelopment COWOP Task
Force Team was approved by the City of Aspen City Council, pursuant to Resolution No.
4, Series of 2006, as amended by Resolution No. 99, Series of 2007; and provided the
project with a broad range of expertise and awareness of community issues; and,
WHEREAS, the COWOP review process enabled the planning and design of the
Project to reflect essential community goals and values, taking into consideration various
opinions and expressed points-of--view from neighbors, land owners, citizens, and
technical expertise from various professional staff of essential City, County, and quasi-
municipal districts; and,
WHEREAS, the COWOP land use review procedure does not and has not
lessened any public hearing, public noticing, or any critical analysis or scrutiny of the
project as would otherwise be required; and,
WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team
met five (5) times to consider the Project; to identify the goals, objectives, and physical,
financial, legal, and public policy issues and parameters of the project; and, to guide the
programming, planning, and design of the project on the following dates: January 12,
2006; January 19, 2006; January 26, 2006; February 23, 2006; and, December 18, 2007;
and,
WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team
meetings were open to the public. Notice of the meetings in 2006 and the meeting in
2007 were published in The Aspen Times newspaper. Meeting summaries were
produced and adopted by the Task Force; and,
WHEREAS, the Project design/development team met with the City of Aspen
Historic Preservation Commission (HPC) five (5) times on the following dates: January
11, 2006, January 25, 2006, February 22, 2006, November 14, 2007, and January 23,
2008 to review the Project because the Headquarters is within the Commercial Core
Historic District; and,
WHEREAS, the HPC granted Final HPC approval to the Project at their January
23, 2008 meeting pursuant to Resolution No. 2, Series of 2008; and,
WHEREAS, the HPC granted a waiver to exceed the maximum 60' length of
continuous element/roof height to 76' for this project; and,
2
WHEREAS, on March 13, 2006 City Council reviewed the progress of the Aspen
Fire Station Redevelopment COWOP Project during a duly noticed public hearing and
unanimously endorsed the direction of the planning and recommendations of the Aspen
Fire Station Redevelopment COWOP Task Force Team, pursuant to City Council
Resolution 15, Series of 2006; and,
WHEREAS, voters approved a bond issue election in May 2, 2006, to fund a two
part Fire District improvement program of which redevelopment of the Headquarters is
one part; and,
WHEREAS, on December 3, 2007, the Aspen City Council approved a
temporazy use permit for a temporazy shelter for the first-due response fire engine at 540
East Main Street Pursuant to Resolution No. 99, Series of 2007 and City Council
appointed new task force members to the Fire District COWOP Task Force Team; and,
WHEREAS, redevelopment of the Fire Station Headquarters and the Thrifr Shop
will increase the squaze footage of each entity thereby enhancing their programs and
operations and facilitate an overdue upgrade to the facilities; and,
WHEREAS, the enhanced Headquarters will provide improved office space, a
larger garage for the storage and maintenance of emergency vehicles, improved public
space for community meetings and emergency management operations, a museum for [he
display of Fire District memorabilia and a central location for city and county IT Network
servers; and,
WHEREAS, the Thrift Shop enhancements will increase the retail and display
space and basement storage space, add offices and improve the drop-off and sorting
areas; and,
WHEREAS, the Project is consistent with the Civic Center Master Plan which
recommends improvements for both entities so they may continue their traditional
contributions to the community in their historic locations which add to the civic presence
within the community and the commercial core of Aspen; and,
WHEREAS, the Project has benefited from the COWOP Task Force Team's
dialogue regarding community goals that could be achieved by this community project.
The inclusion of affordable housing, free-market housing, public parking, and City
offices were items discussed by the Task Force and for critical reasons related to security
and space all four were deemed unsuitable for this project; and,
WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team
determined that additional floors above the Fire Station and the Thrifr Shop should not be
designed or entitled as part of this project but the building shall be structurally designed
and built to accommodate future floors when and if the organization(s) require more
space for reasons to be determined as changed conditions in the community may dictate;
3
and any such future additions will be subject to a land use review process defined at the
time of review in the future; and,
WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team
agreed that 540 East Main Street was an appropriate location for a temporary shelter for
an emergency response engine for the duration of the redevelopment of the Headquarters;
and,
WHEREAS, during a publicly noticed meeting of the Aspen Fire Station
Redevelopment COWOP Task Force Team on December 18, 2007, the Task Force Team
recommended, by a vote of fourteen to zero (14-0), that City Council approve the Project
as it was represented during the December 18, 2007, meeting; and,
WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team
adopted a recommended motion to City Council related to the Project; and,
WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City
Council may approve, approve with conditions, or deny all requisite land use approvals
necessary to grant a development order for a proposed development determined eligible
for COWOP land use review upon a recommendation from the Community Development
Director and consideration of comments offered by the general public at a duly noticed
public heazing; and,
Downtown Headquarters " ' ' ` ' '
WHEREAS, the City of Aspen Community Development Director has reviewed the
proposed development in consideration of the recommendations of the Aspen Fire Station
Redevelopment COWOP Task Force Team, the requirements of the land use code, and
comments from applicable referral agencies and has recommended approval of all
necessary land use approvals for granting a development order for the proposed Project
including Final approval of a COWOP Land Use Review, Final PUD Plan approval,
Growth Management approval for an Essential Public Facility for the Project, a
temporazy shelter for a fire engine on 540 East Main Street, and vested rights; 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 Aspen Fire
Station Redevelopment COWOP Task Force Team, the Community Development
Director, the applicable referral agencies, and has taken and considered public comment
at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the Aspen Area Community Plan and the
recommendations of the Civic Master Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessazy
for the promotion of public health, safety, and welfaze; and,
WHEREAS, the City Council finds that the first official community action for
the Project will be a community celebration titled the "Wrecking Ball," sponsored by the
Thrift Shop.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
The Aspen Fire Station Redevelopment COWOP Project is hereby granted a development
order for a site specific development plan and granted all necessary land use approvals
including Final approval of a COWOP Land Use Review, Final PUD Plan approval,
Growth Management approval for an Essential Public Facility, the temporary use of 540
East Main Street, and vested rights subject to conditions of approval as described herein.
Section 1• Aspen Fire Station Redevelopment COWOP Task Force Team FindinHs
The Aspen Fire Station COWOP Task Force Team recommends approval to the Aspen
City Council For the redevelopment of the Fire Station and the Thrifr Shop finding that:
1. The redevelopment is consistent with the recommendations of the Civic Master
Plan in that both entities will be expanded and will remain downtown thus
preserving their civic presence within the community.
5
2. The COWOP Task Force supports the mass, scale and dimensions of the
redevelopment as presented to the COWOP at their meeting on December 18,
2007 clarifying that the squaze footage of the Thrift Shop is net square footage.
3. The COWOP Task Force approves of the use program for the site and the gross
square footages as presented to the COWOP at their meeting on December 18,
2007 recognizing that from design to construction square footage does shift
slightly.
4. The redevelopment is compatible with the immediate neighborhood and the
downtown azea.
5. The COWOP Task Force approves of the design elements as described at the
COWOP meeting of December 18, 2007.
6. The Aspen Fire Protection District is an essential public facility. The expansion
of both the Fire Station and the Thrift shop will not generate additional
employees. Both entities depend upon volunteers to support their organizations.
7. The COWOP Task Force approves of the use of the Zupancis property for the
essential service of a temporary fire engine shelter from March 2008 to December
of 2010. In the event that the Zupancis/Galena Site Plan development of the
Zupancis property should begin before the end of the shelter's term, the City shall
work with the Fire District to find an appropriate alternative site that would allow
the relocation in a timely manner without compromising public safety.
8. The COWOP Task Force understands and endorses the potential future need for
an additional floor on the Fire Station and/or Thrift Shop. In the current plan, the
structure will be designed to support future development and the Fire District
and/or Thrift Shop may seek additional land use approvals when a use program
and design have been defined in the future, and according to land use
requirements at that future time.
9. The design development team explored the opportunity to provide a basement
under the truck bays in the Fire Station and presented to COWOP that it is not
feasible. The COWOP supported that conclusion.
10. The first official action for the commencement of destruction of the Thrift Shop is
the Wrecking Ball to which the COWOP task force is invited to attend.
Section 2: Adoption of Findings
The City Council hereby adopts the findings of the Fire Station Redevelopment COWOP
Task Force, as listed in Section 1.
6
Section 3: Approved Proiect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
__ _
MiniDillm j,,-g~{ dye
Per Final PUD Plan
MYRI10tgdt ~f1-t Widtb Per Final PUD Plan
Minimum Front Yard Per Final PUD Plan
Minimum Side Yard Per Final PUD Plan
MIHITI#Um-~'C8'i' Yard Per Final PUD Plan
" _ -
m Per Final PUD Plan
_ -~ m ' ~- "'""'~ Per Final PUD Plan
-' '"' ~ -
:Mnl -'
-
Per Final PUD Plan
Ili'0 ell' No requirement
'~ g~~ [j[` Per Final PUD Plan
TOTAL: 22,980 sq. ft.
Allowable Floor Area Fire Station: 12,599 sq. ft.
City/County IT Server: 600 sq. fl.
Other Non-Pro rams aces: 6,402 s . ft.
40' measured from existing grade depicted on Final PUD
Plan with following exceptions:
Hose and stair tower: 50'
' 1~''faSitllUm~ Elevator enclosure: 54'
-" ''~''~ ~"'. Roof access hatches, chimneys, exhaust flues, solar panels,
" communication antennae and skylights may extend up [o
10' above the roof elements on which the are located.
-. Minimnm ~ff Street Parkin ' - 3 spaces on the alley
Section 4: Temporary Use of 540 East Main Street
The City of Aspen City Council hereby approves the temporary use of 540 East Main
Street (the former Zupancis property) for a shelter to house afirst-due fire engine while
the Headquarters building is being reconstructed. During reconstruction all operations of
the Fire District will be relocated to the recently completed North Forty fire station.
However, in order to effectively respond to a call in Aspen, east of Castle Creek, it is
important to station a vehicle in downtown Aspen. Many of the volunteers work in
Aspen and arriving at 540 East Main Street to prepare for a call will ensure a timely
response to an emergency in downtown and the immediate vicinity.
A temporary use for the shelter was granted by Aspen City Council pursuant to
Resolution 99, Series of 2007. However a temporary use is only permitted for a
maximum of six months, with one additional six-month period, if approved. This
Ordinance approves the use of 540 East Main Street for the duration of the reconstruction
of the Fire Station Headquarters unless the Zupancis/Galena Site Plan development of the
Zupancis property should begin before the end of the shelter's term. In that event the
City shall work with the Fire District to find an appropriate alternative site that would
allow the relocation in a timely manner without compromising public safety.
7
Section 5: Growth Management Approval as an Essential Public Facility
The Aspen City Council hereby approves the Fire Station and Thrift Shop as Essential
Public Facilities, pursuant to Section 26.470.040(D)3, finding that the proposed
development is consistent with the Aspen Area Community Plan; that the expansions of
these buildings will not generate new employees as both organizations operate with
volunteers; that there is no free mazket residential or commercial component to this plan;
and that the project generally adds to the overall capability of the public infrastructure.
Section 6: Civic Center Master Plan
The Aspen City Council finds that the proposed redevelopment of the Aspen Fire
Protection District Headquarters and the Thrifr Shop are consistent with the
recommendations of the Civic Master Plan; and,
Section 7: Final PUD Plans
Within 90 days after final approval by City Council, the applicant shall record a Final
PUD Development Plan.
The Final PUD Plans shall include:
1. An illustrative site plan with dimensioned building locations.
2. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department, this
should include any movable planters/pots within pedestrian areas.
3. Building elevations demonstrating the general architectural character of the project,
building materials, fenestration, projections, and dimensions and locations of
elevator shafr head, skylights, mechanical equipment, etc.
4. A utility plan meeting the standards of the City Engineer and City utility agencies.
5. Construction details for improvements to the public rights-of--way, including the
alley.
6. A grading/drainage plan with any off-site improvements specified. Any off-site
improvements shall be done in coordination with the City Engineering Department.
7. An exterior lighting plan meeting the requirements of Section 26.575.150.
Section 8: PUD Agreement
Within 90 days after final approval by City Council, the applicant shall record a PUD
Agreement binding this property to this development approval. The Agreement shall
include the necessary items detailed in Section 26.445.070, in addition to the following:
1. Agreements with the City of Aspen, as described above, regazding: use of the 540
East Main Street property.
2. An estimated construction schedule with estimated schedules for construction
affecting city streets.
Section 9: Building Permit Submission and Issuance
The Community Development Department shall accept and process a building permit
application upon adoption of this ordinance and prior for recordation of the necessary plats
and agreements. The Community Development Department shall expedite the permit and
issue an Access Infrastructure and Demolition Permit by April 11, 2008. No permit shall
issue prior to the effective date of this ordinance.
Section 10: Building Permit Requirements
The building permit application shall include/depict:
A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
2. A signed copy of the final Ordinance granting land use approval.
3. A fugitive dust control plan approved by the Environmental Health Deparhnent.
4. A construction management and parking plan meeting the specifications of the City
Building Department.
Section 11: Project Amendments
Amendments to the Project within one yeaz of the adoption of this ordinance shall be
reviewed by the Community Development Department Director and, as applicable, the
Historic Preservation Officer and Project Monitor. If, in the opinion of the Community
Development Director, the amendment is substantial, the Community Development Director
shall forward the request to the City Council for review and approval. Amendments to the
project after this initial one-year period, shall be reviewed according to the procedures and
limitations of the Land Use Code.
Sectionl2: Vested Rights
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 28, Series of 2006, Planning and Zoning Commission Resolution
Number 20, 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
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property right,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described properties: 307 S. Spring Street
and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen, by
Ordinance No. 49, Series of 2006, of the Aspen City Council.
Section 13•
All material representations and commitments made by the Aspen Fire Protection District
and Thrif[ Shop (the developer), pursuant to the development proposal approvals as herein
awazded, whether in public hearing or documentation presented before the Community
Development Department, the Aspen Fire Station Redevelopment COWOP Task Force
Team, or the Aspen 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 other specific conditions.
Section 14:
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 15:
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 16:
That 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 17:
A public hearing on the Ordinance was held on the 11~' day of Mazch, 2008, at 5:00 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 I lei day of February, 2008.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 11 ~' day of March, 2008.
Attest:
10
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
John Worcester, City Attorney
11
Exhibit A
REVIEW STANDARDS: CONCEPTUAL, FINAL, CONSOLIDATED, AND MINOR PUD.
Section 26.445.050, of the City Land use Code requires that a development application
for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply
with the following standards and requirements.
A. Genera[ requirements.
1. The proposed development shall be consistent with the Aspen Area Community Plan.
Staff Findine: Staff finds the proposal complies with this standard. Building a stronger
foundation for the Aspen Fire Protection District also builds a stronger foundation for the
Aspen Volunteer Fire Department, which is an important element of our year-round
community. Including a museum within the new Headquarters Station promotes
appreciation of our history and a unique experience for locals and visitors. The
redevelopment of the Fire Station and Thrift Shop is:
• Consistent with the 2000 Vision for the Aspen Area as follows: "Aspen needs more
get-together places and public activities that naturally encourage an informal mix of
our diverse population. The community must support and enhance such places, and
not allow those precious to us to slip away."
^ Consistent with the Community Themes of "Encouraging a more balanced permanent
community," and "Ensuring quality design and construction."
Consistent with the Economic Sustainability Philosophy as follows: "Essential to
long-term viability is the unique, varied, high quality and welcoming experience
Aspen offers to both residents and a diverse visitor population."
Consistent with the Historic Preservation Philosophy as follows: "The mission of the
preservation community is based on two interlocking convictions; A desire to
safeguard a broad representation of our region's cultural, natural and historical
treasures; and, the belief that by promoting appreciate of our history we maintain a
`sense of place' and a sense of community ..."
^ Consistent with the Design Quality Goal of, "Making every public project a model of
good development on all levels, from quality design to positive contributions to the
community fabric."
2. The proposed development shall be consistent with the character of existing land uses
in the surrounding area.
Staff Findine: Staff finds the proposal complies with this standard. The Fire Station has
been an iconic presence at this site since the 1950s, and The Thrift Shop is aquasi-retail
store in the downtown commercial core.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
Staff Finding: Staff finds the proposal complies with this standard. This azea is
effectively fully developed, and the Fire Station is an essential part of the public safety
infrastructure for a historic downtown.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS, or GMQS allotments are available to accommodate the proposed development
and will be considered prior to, or in combination with, final PUD development plan
review.
Staff Finding: Staff finds the proposal complies with this standard. The Community
Development Director has determined both the Fire Station and Thrift Shop to be
Essential Public Facilities.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 16.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed dimensional
requirements shall comply with the following.
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land uses in the
surrounding area.
Staff Finding: Staff finds the proposal complies with this standazd. The proposed height
is 40 feet, or two feet below the maximum in place when this land use application was
submitted. The proposal features a change in height from the fire station to the thrift
shop, which reflects a traditional mixture in heights within the commercial core.
b) Natural or man-made hazards.
Staff Finding: Staff finds the proposal complies with this standazd, as there aze no
natural or man-made hazards in this area.
c) Existing natural characteristics of the property and surrounding area such as steep
slopes, waterways, shade, and significant vegetation and landforms.
Staff Finding: Staff finds the proposal complies with this standard, as this proposal is in
a fully developed urban area.
d) Existing and proposed man-made characteristics of the property and the surrounding
area such as noise, traffic, transit, pedestrian circulation, parking, and historical
resources.
Staff Finding: Staff finds the proposal complies with this standard. The PUD
Amendment reflects a minimal change from existing conditions regarding these elements.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed PUD
and of the surrounding area.
Staff Finding: Staff finds the proposal complies with this standard. The site coverage of
this proposal is driven mostly by the requirements for anextra-wide sidewalk area
allowing for maneuvering of fire engines. The design has retained elements of the
existing "pocket park" outside The Thrift Shop and Fire Station entrance.
3. The appropriate number of off-street parking spaces shall be established based on the
following considerations:
a) The probable number of cars used by those using the proposed development including
any non-residential land uses.
Staff Finding: Staff finds the proposal complies with this standard. There is no change
from existing conditions. Parking spaces reserved for volunteer firefighters are typically
used to respond to the station as part of emergency response.
b) The varying time periods of use, whenever joint use of common parking is proposed.
Staff Finding: Staff finds the proposal complies with this standard, as the joint use of
common parking is not proposed.
c) The availability of public transit and other transportation facilities, including those for
pedestrian access and/or the commitment to utilize automobile disincentive
techniques in the proposed development.
Staff Finding: Staff finds the proposal complies with this standard. The site is located
one block from a major transit route.
d) The proximity of the proposed development to the commercial core and general
activity centers in the city.
Staff Finding: Staff finds the proposal complies with this standard. The site is directly
proximate to the commercial core and general activity centers.
4. The maximum allowable density within a PUD may be reduced if there exists
insuff dent infrastructure capabilities. Specifically, the maximum density of a PUD may
be reduced if.'
a) There is not sufficient water pressure, drainage capabilities, or other utilities to
service the proposed development.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
b) There are not adequate roads to ensure fare protection, snow removal, and road
maintenance to the proposed development.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
5. The maximum allowable density within a PUD may be reduced if there exists natural
hazards or critical natural site features. Specifically, the maximum density of a PUD may
be reduced if
a) The land is not suitable for the proposed development because of ground instability or
the possibility ofmud~low, rockfalls or avalanche dangers.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
b) The effects of the proposed development are detrimental to the natural watershed, due
to runoff, drainage, soil erosion, and consequent water pollution.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
c) The proposed development will have a pernicious effect on alr quality in the
surrounding area and the City.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
d) The design and location of any proposed structure, road, driveway, or trail in the
proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
Staff Findine: Staff finds the proposal complies with this standard. The proposal does
not request a reduction in density.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the development
pattern is compatible with its surrounding development patterns and with the site's
physical constraints. Specifically, the maximum density of a PUD may be increased if
a) The increase in density serves one or more goals of the community as expressed in
the Aspen Area Community Plan (AACP) or a specifc area plan to which the
property is subject
Staff Finding: Staff finds the proposal complies with this standard. This proposal does
not request an increase in density.
b) The site's physical capabilities can accommodate additional density and there exists
no negative physical characteristics of the site, as identified in subparagraphs 4 and 5,
above, those areas can be avoided, or those characteristics mitigated.
Staff Finding: Staff finds the proposal complies with this standard. This proposal does
not request an increase in density.
c) The increase in maximum density results in a development pattern compatible with,
and complimentary to, the surrounding existing and expected development pattern,
land uses, and characteristics.
Staff Finding: Staff finds the proposal complies with this standard. This proposal does
not request an increase in density.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide visual
interest or a specific reference to the past, or contribute to the identity of the town are
preserved or enhanced in an appropriate manner.
Staff Finding: Staff finds this proposal complies with this standard. The existing
concrete block design and materials used in the existing Fire Station and Thrift Shop
buildings do not contribute to the identity of the town as much as the culture of the
volunteer department itself. The AFPD is more about culture than masonry. The new
design be an visual improved symbol of a fire station. The historic silver bell will be
retained on site.
2. Structures have been clustered to appropriately preserve signifcant open spaces and
vistas.
Staff Finding: Staff finds this proposal complies with this standard. Structures are
aligned in the traditional mode found in the downtown core.
3. Structures are appropriately oriented to public streets, contribute to the urban or rural
context where appropriate, and provide visual interest and engagement of vehicular and
pedestrian movement
Staff Finding: Staff finds this proposal complies with this standard. The site coverage of
this proposal is driven mostly by the requirements for anextra-wide sidewalk area
allowing for maneuvering of fire engines, establishing an urban context for a fire station.
The design has retained elements of the existing "pocket park" outside The Thrift Shop
and Fire Station entrance to ensure visual interest.
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
Staff Finding: Staff finds this proposal complies with this standard. There is appropriate
access for emergency response vehicles.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding: Staff finds this proposal complies with this standard. The proposal will
comply with all relevant code requirements.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding: Staff finds this proposal complies with this standard. Site drainage is
adequate and is not expected to change significantly.
7. For non-residential land uses, spaces between buildings are appropriately designed to
accommodate any programmatic functions associated with the use.
Staff Finding: Staff finds this proposal complies with this standard. Buildings are
aligned in the traditional form for the commercial core.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with
the visual character of the city, with surrounding parcels, and with existing and proposed
features of the subject property. The proposed development shall comply with the
following:
1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves
existing signif cant vegetation, and provides an ample quantity and variety of ornamental
plant species suitable for the Aspen area climate.
Staff Finding: Staff finds this proposal complies with this standard. Vegetation is
planned to retain a portion of the existing "pocket-park," and the Parks Department must
sign off on the Final PUD Plan.
2. Significant existing natural and man-made site features, which provide uniqueness and
interest in the landscape, are preserved or enhanced in an appropriate manner.
Staff Findine: Staff finds the proposal complies with this standard. The historic silver
bell will be retained on site.
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
Staff Findin¢: Staff finds the proposal complies with this standard. A Landscape Plan
must be submitted and approved by the Parks Department prior to building permit
issuance.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City while
promoting efficient use of resources. Architectural character is based upon the suitability
of a building for its purposes, legibility of the building's use, the building's proposed
massing, proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the character of the
proposed development. There shall be approved as part of the final development plan an
architectural character plan, which adequately depicts the character of the proposed
development. The proposed architecture of the development shall.•
I. be compatible with or enhance the visual character of the city, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for,
and indicative of, the intended use, and respect the scale and massing of nearby
historical and cultural resources.
Staff Findin¢: Staff finds the proposal complies with this standard. The architecture
reflects the history of the department with direct references to 19`h century downtown fire
barns. The architecture is a marked improved from the existing 1950s concrete block
structure. The Historic Preservation Commission has given Final Approval to this plan.
2. incorporate, to the extent practical, natural heating and cooling by taking advantage
of the property's solar access, shade, and vegetation and by use of non- or less-intensive
mechanical systems.
Staff Findine: Staff finds the proposal complies with this standard. This property has a
north-south orientation. Many elements, including mechanical systems, are driven by the
functional needs of a fire station.
3. accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require signifcant maintenance.
Staff Finding: Staff finds the proposal complies with this standard, as the proposal does
not include pitched roofs. On-site snow storage will not be required.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be lighted in
an appropriate manner considering both public safety and general aesthetic concerns.
The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous interference of any
kind to adjoining streets or lands. Lighting ofsite features, structures, and access ways is
proposed in an appropriate manner.
Staff Finding: Staff finds the proposal complies with this standard. The lighting will
comply with Section 26.575.150, Outdoor Lighting, of the Land Use Code. Compliance
with said sections will provide consistency with this PUD review standard. Any lighting
installed will not cause direct glare on or hazardous interference of adjoining streets or
lands.
2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless
otherwise approved and noted in the final PUD documents. Up-lighting ofsite features,
buildings, landscape elements, and lighting to call inordinate attention to the property is
prohibited for residential development.
Staff Finding: Staff finds the proposal complies with this standard. The development
will comply with Section 26.575.150, Outdoor Lighting, of the Land Use Code.
Compliance with said sections will provide consistency with this PUD review standard.
Any lighting installed will not cause direct glaze on or hazardous interference of
adjoining streets or lands, and a lighting plan will be submitted for review and approval
prior to building permit issuance.
G. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area for
the mutual benefit of all development in the proposed PUD, the following criteria shall
be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development, considering
existing and proposed structures and natural landscape features of the property, provides
visual relief to the property's built form, and is available to the mutual benefit of the
various land uses and property users of the PUD.
Staff Finding: This requirement does not apply as the proposal does not include common
park, open space or recreational areas.
2. A proportionate, undivided interest in all common park and recreation areas is deeded
in perpetuity (not for a number of years) to each lot or dwelling unit owner within the
PUD or ownership is proposed in a similar manner.
Staff Finding: This requirement does not apply as the proposal does not include common
park, open space or recreational areas.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared facilities
together with a deed restriction against future residential, commercial, or industrial
development.
Staff Finding: This requirement does not apply as the proposal does not include common
park, open space or recreational areas.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated with
the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Finding: Staff finds the proposal complies with this standard. This development
will improve the capability of public infrastructure due to the redevelopment of the fire
station. Also, space is being provided as central location for the City/County IT System.
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at the sole cost of the developer.
Staff Finding: Staff finds the proposal complies with this standard. Any adverse impacts
on public infrastructure will be paid for by the AFPD.
3. Oversized utilities, public facilities, or site improvements are provided appropriately
and where the developer is reimbursed proportionately for the additional improvement.
Staff Finding: Staff finds the proposal complies with this standard. All utility
improvement will be sized according to the requirements of the respective utility
companies.
I. Access and Circulation.
The purpose of this standard is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed access
and circulation of the development shall meet the following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a public
street either directly or through an approved private road, a pedestrian way, or other
area dedicated to public or private use.
Staff Findine: Staff finds the proposal complies with this standard. The fire station is
locate on East Hopkins.
2. The proposed development, vehicular access points, and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development, or such
surrounding roads are proposed to be improved to accommodate the development.
Staff Findine: Staff finds the proposal complies with this standard. There are no changes
regarding vehicle access, parking or intensity of use.
3. Areas of historic pedestrian or recreational trail use, improvements of, or connections
to, the bicycle and pedestrian trail system, and adequate access to signiftcant public
lands and the rivers are provided through dedicated public trail easements and are
proposed for appropriate improvements and maintenance.
Staff Findine: Staff finds the proposal complies with this standazd. There are no changes
to historic pedestrian uses, there are no recreational trails or access to public lands.
4. The recommendations of the Aspen Area Community Plan and adopted specific plans
regarding recreational trails, pedestrian and bicycle paths, and transportation are
proposed to be implemented in an appropriate manner.
Staff Findine: Staff finds the proposal complies with this standard. There aze no specific
City of Aspen plans regarding recreational trails, or pedestrian and bicycle paths in this
area.
5. Streets in the PUD which are proposed or recommended to be retained under private
ownership provide appropriate dedication to public use to ensure appropriate public and
emergency access.
Staff Findine: Staff finds the proposal complies with this standazd. There are no private
streets in this PUD proposal.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots
within the PUD, are minimized to the extent practical.
Staff Finding: Staff finds the proposal complies with this standard. There are no security
gates, guard posts or entryway expressions proposed.
J. Phasing of Development Plan.
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adeguately. If phasing of the development plan is
proposed, each phase shall be defined in the adopted final PUD development plan. The
phasing plan shall comply with the following:
I. All phases, including the initial phase, shall be designed to function as a complete
development and shall not be reliant on subsequent phases.
Staff Findinff: No phasing plan is proposed.
2. The phasing plan describes physical areas Insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
Staff FindinS: No phasing plan is proposed.
3. The proposed phasing plan ensures the necessary or proportionate improvements to
public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to
be used jointly by residents of the PUD, construction of any required affordable housing,
and any mitigation measures are realized concurrent or prior to the respective impacts
associated with the phase.
Staff FindinE: No phasing plan is proposed.
Exhibit B
GROWTH MANAGEMENT: ESSENTIAL PUBLIC FACILITIES
Section 26.470.090(4), of the City Land Use Code gives City Council authority to
approve, approve with conditions or deny a development application based on the
following criteria. This section requires a recommendation from the Planning and Zoning
Commission. However, a P&Z recommendation is not required under the COWOP
process
a. The Community Development Director has determined the primary use and/or structure to be
an essential public facility (see definition). Accessary uses may also be part of an essential public
facility project.
Staff Finding: The Community Development Director has determined the primary use of the
Fire Station to be an Essential Public Facility due to its public safety mission. The Community
Development Director has determined the primary use of The Thrift Shop to be an Essential
Public Facility due to its provision of basic necessities to a significant segment of the local and
working local population.
b. Upon a recommendation from the Community Development Director, the City Council may
assess, 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. The employee generation rates may be used as a guideline, but each
operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100,
Calculations. C. City Council Review (Growth Management)
Staff Finding: The Community Development Director recommends waiving any affordable
housing requirements due to the promotion of civic uses and in consideration of broader
community goals. In addition, neither the Aspen Fire Protection District nor The Thrift Shop
anticipate hiring any new employees, as both organizations are primarily supported through
volunteer workers.
Exhibit C
CONSISTENCY WITH THE CIVIC MASTER PLAN
Under Section 26.104.030 of the City Land Use Code, Comprehensive Community Plan
and Other Plans, Guidelines, or Documents, the City Council may adopt supplemental plans as
regulatory documents. The Civic Master Plan is a regulatory document adopted by Council and
any land use application for the Fire Station and Thrift Shop site must demonstrate consistency
with the recommendations of the Civic Master Plan.
The Civic Master Plan recommended that, during the design process for the renovation
of the Hopkins Street Headquarters Stations, the Aspen Fire Protection District should
consider:
• The civic nature and central location of the building;
• The iconic quality of the AFPD and its members;
• The value of pedestrian and public interaction.
Staff Findin¢: Staff finds the application has demonstrated consistency with this
recommendation. The new fire station will be located at the current site, the architecture
reflects the iconic quality of the AFPD and its members and the sidewalk configuration
and museum encourages pedestrian and public interaction.
The Civic Master Plan found that:
• The Thrift Shop is an Aspen institution that provides an important service for lower
income residents and workers that no one else provides, while donating proceeds to local
non profits and student scholarships.
• The central location of The Thrdit Shop supports its overall mission, as many of its
customers use public transit.
• The Thrift Shop relies on subsidized rent and could not carry out its mission if it had to
pay retail rental rates.
• The simultaneous renovation of the AFPD Headquarters Station and The Thrift Shop is
an opportunity to create a vibrant mixed-use area.
Staff Findinzr: In the absence of recommendations regarding The Thrift Shop, staff finds
the application has demonstrated consistency with these findings. The AFPD has worked
closely with The Thrift Shop to coordinate the redevelopment efforts and to create a
vibrant mixed-use area.
HISTORICAL INFLUENCES ON
THE DESIGN OF THE NEW HQ FIRE STATION FACADE
The design of the new HQ fire station for the Aspen Volunteer Fire Department is inspired by the
values and traditions of the men and women who dedicate themselves to the protection of life and
property in our community. The architecture of the new HQ fire station reflects the history of the
department with direct references to their 19`" century downtown fire barn. The details of these
references are interpreted in a contemporary way to accommodate modern construction materials and
methods as well as current costs. The building connects the true 19`h century history of the volunteers
to their evolving mission
and the technological
advances of the 21S` century.
The resulting architecture is
abridge across the past to
the present and onward to
the future of the AVFD.
In the 1890's, the fire
department's hand-drawn
carts were stored on the
ground level of a building
that also housed the Aspen
City Hall. This was located
at the intersection of Durant
and South Mill Streets just
north of the original fire
tower from the 1880's.
The combined City Hall/Fire Barn of 1892 and 1907 are pictured below. The proposed building
program reintegrates the functions of the fire department with civic uses on the upper level. The
apparatus bavs were
sized for the hand-drawn
carts in the 1892
building at the far left.
Later, when horse-drawn
carts were introduced,
the structural columns
were modified to
provide bays that could
accommodate the larger
apparatus. The photo at
left also reveals that the
bays were enclosed with
clerestory glazing and
wood barn doors. The
stairs were relocated
outside the original
bu~ldmg's west wall.
The proposed facade of the new HQ fire station is derived from historical design elements of the fire
department's 19`h century downtown fire barn. These components refer to a true, documented
physical history of Aspen rather than conjecture or models from other regions or cities. In this way,
The partnering of fire department and civic uses in one building.
Expression of the apparatus bays with exposed post and beam construction.
t
i
Emphasis of the apparatus bays with recessed facade and deep shadow lines.
i
the new HQ ftre station is an honest representation of the department's rich history while providing
appropriate and functional spaces for the present and the future. Significant design features include
the following:
• Glass doors provide a visible connection between the department and the public.
• Arched apparatus bay doors.
• Volunteer's door enhances the identity of the department on the building facade.
• Masonry wooer floor.
-~ _ _
• Vertical, rectangular windows establish a rhythm on the upper floor.
~~~~
• Masonry or precast concrete accents such as sills and lintels.
• Cornice detailing terminates the top of the building.
.~~ yy.._ y__..__...._.4
iC~
a r c M1 i l e c t s
~_
!S-
i
M
0
0
0
F
2
m
m
a
a
c
m
m
N
D
a
0a
o ~
F
~ T
E m
'~
So
0 ~
n~
a o
u`
.O
m N
N ~
A
~ ~~~~~~
RESOLUTION N0.4
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE
ELIGIBILITY OF DEVELOPMENT RESONABLY NECESSARY FOR THE
CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) FOR THE ASPEN
FIRE STATION REDEVELOPMENT ON A PROPERTY OWNED BY THE CITY
OF ASPEN, LOTS O, P, Q, AND, R, BLOCK 87, CITY AND TOWNSITE OF
ASPEN.
Parcel No. 2737-073-30-851
WHEREAS, the Community Development Department received an application
from the City of Aspen for a determination of eligibility for development reasonably
necessary for the convenience and welfare of the public (COWOP) for the redevelopment
of the Aspen Fire Station on City of Aspen owned parcel known as Aspen Fire Station
property, Lots O, P, Q, and R, City and Townsite of Aspen; and,
WHEREAS, the subject property contains approximately 12,000 square feet and
is zoned Public (PUB); and,
WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City
Council may make a determination whether a proposed development is reasonably
necessary for the convenience and welfare of the public by applying the standards of
Section 26.500.040 during a duly noticed public hearing after taking and considering
comments from the general public, and a recommendation from the Community
Development Director; and,
WHEREAS, the Community Development Director determined that the proposed
development may be eligible for consideration as a project reasonably necessary for the
convenience or welfare of the public, and notified in writing the Planning and Zoning
Commission and the Historic Preservation Commission, the date of the public hearing
before the City Council at which time a determination is to be made concerning eligibility
of the proposed development; and,
WHEREAS, the Aspen City Council has reviewed and considered the COWOP
proposal 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 finds that the development proposal meets or exceeds
the Standards for Determination, Section 26.500.040, for the following reasons:
1. The project would provide a much needed upgrade to the Aspen Fire Protection
District's facilities;
2. The subject property is owned by the City of Aspen;
3. The project stands to be of higher quality through utilizing an interactive and
multidisciplinary approach with a diverse COWOP task team, including neighbors
of the project, and persons with special interest in the property and its
development.
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion ofpublic health, safety, and welfaze.
WHEREAS, the City Council approved, by a vote of four to zero (4-0)
Resolution No. 4, Series of 2006, on January 9, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to Section 26.500.040 of the Land Use Code, the proposed redevelopment of the
Aspen Fire Station is determined to be eligible development necessary for the Convenience
and Welfare of the Public in that the project is a City project to redevelop the fire station, a
type of development and land use that is necessary for the safety and welfare of the
community.
Section 2
Pursuant to Section 26.500.050(B)(b), the procedure and standazds for review of the project
shall be:
Process:
1. Task Force Team convenes and establishes its role, meeting schedule, meeting
procedural protocol and meeting rules for the conduct of business of the Aspen Fire
Station COWOP Task Force Team. Site visit is conducted.
2. Task Force Team Chair shall be the City's Director of Community Development, or
their designated representative.
3. Meetings shall be legally noticed as a public meeting and may be continued to
additional meetings.
4. Task Force Team responsibilities shall include the following:
• Determine and evaluate site opportunities and constraints.
• Finalize specific elements of the development program.
• Prepare a sample site plan including development layout, access, parking and
other pertinent site components.
2
• Prepare a formal recommendation to the City Council regarding the above
tasks.
5. Community Development and Interdepartmental Technical Staff Review.
6. Work sessions and a noticed public hearing shall be held with the Historic
Preservation Commission to review the project against the conceptual HPC
review standazds.
7. Task Force Team develops and formulates recommendation to City Council.
8. Formal review and action by City Council (in public hearing).
9. City Council approves conceptual development plan for the project.
Standards of Review and Analysis:
1. Section 26.445.050, Review Standards: Planned Unit Development.
2. Section 26.310 Amendments to the Land Use Code and Official Zone District
Map.
3. Section 26.470, Growth Management, to the extent determined necessary during
project review.
4. Section 26.480, Subdivision, if determined to be necessary during project
development and review.
5. Any necessary technical design standards of utility providers shall be considered
and the COWOP decision shall not supercede any non-city utility provider.
6. The Aspen Area Community Plan shall be considered a policy guide and the final
recommendation shall include an analysis of conformance with this adopted plan.
7. Asset Management Division "Affordable Housing Development Guidelines" if
any affordable housing is incorporated into project.
8. City of Aspen Civic Master Plan Core Principles 1,3, and 6.
Section 3
Pursuant to Section 26.500.050(B)(c), the Task Force Team shall be assigned by City
Council no later than January 10, 2006.
Section 4
Pursuant to Section 26.500.050(B)(d), the timeframe for the procedures to accomplish the
tasks of the Task Force Team shall be March for a presentation of the initial findings and
August for a final recommendation from the task force team to City Council.
Section 5
The City shall pay for the cost of the COWOP task force team binders and for the City's
staff time spent in developing and reviewing the conceptual plan. The Fire District shall pay
the cost of the remainder of the expenses related to the COWOP.
RESOLVED, passed and approved this 9th day of January, 2006.
Attest:
J ~~
Kathryn S. h, City Clerk
Approved as to form:
n Worcestor, City Attorney
4
~x~~~~~ ~
RESOLUTION N0. 15
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN CITY COUNCIL ENDORSING THE
CONCEPTUAL USE PROGRAM, THE CONCEPTUAL SITE PLAN, THE
CONCEPTUAL BUILDING MASSING AND FORM, AND THE COWOP TASK
FORCE'S CONCEPTUAL RECOMMENDATIONS FOR THE DEVELOPMENT
OF A NEW HEADQUARTERS FIRE STATION AT 420 EAST HOPKINS
AVENUE, LOTS O, P, Q, AND R, BLOCK 87, CITY AND TOWNSITE OF
ASPEN.
PARCEL NO.2737-073-30-851
WHEREAS, the Aspen City Council, pursuant to Resolution 4, Series of 2006,
determined eligible for the City's development reasonably necessary for the convenience
and welfare of the public (COWOP) review process the redevelopment of 420 E. Hopkins
Avenue owned by the City of Aspen, as more fully described in said Resolution, for the
purpose of providing a new headquarters fire station and thrift shop facility; and,
WHEREAS, pursuant to Section 26.500.050 of the Land Use Code and the above
referenced Resolution, the Fire Station COWOP Task Force Team has met four (4) times
to consider the development opportunities and issues associated with developing a new
headquarters fire station at 420 E. Hopkins Avenue and have, in conjunction with the
Aspen Fire Protection District's development team, developed a conceptual use program,
conceptual site plan, conceptual massing and building forms for a new fire station and
Thrift Shop; and,
WHEREAS, at the February 23, 2006, meeting of the Fire Station COWOP Task
Force Team, the Task Force unanimously recommended that City Council endorse the
conceptual planning for 420 E. Hopkins Avenue that has been completed, as detailed in
Section 1 of this Resolution; and,
WHEREAS, two (2) work sessions were held by the Historic Preservation
Commission (HPC) on the design, massing, and site planning for the proposed fire station
and Thrift Shop; and,
WHEREAS, the Historic Preservation Commission granted conceptual approval
for a Certificate of Appropriateness for Major Development on Februazy 8, 2006,
pursuant to HPC Resolution No. 3, Series of 2006; and,
WHEREAS, the Community Development Director believes direction from City
Council, considering comments from the public, on the key elements of the plan, as
described herein, will be beneficial to the plan and the planning process; and,
WHEREAS, the Community Development Director has reviewed and considered
the conceptual planning for the proposed fire station, as more fully described in Section 1
of this Resolution, and has recommended City Council endorse the conceptual use
program, the conceptual site plan, the conceptual building massing and form, and the
COWOP task force's recommendations on the discussion issues identified in the
Reso No. 15, Series of 2006
document entitled "Fire Station COWOP- Task Force Issue Identification and
Recommendations" included in City Council's packet for the regulaz meeting on March
13, 2006; and,
WHEREAS, providing input on the planning for these lands, through adoption of
this Resolution, shall only be considered advisory in nature and shall not constitute
entitlement of the property. Approval of a final development plan shall require adoption
of an Ordinance after a public hearing and upon consideration of a recommendation from
the Community Development Director and a final recommendation from the COWOP
Task Force Team; and,
WHEREAS, the Aspen City Council has reviewed and considered the progress of
the planning for 420 E. Hopkins Avenue, as described herein, has taken and considered
the recommendation of the Community Development Director, has taken and considered
public comments at a public hearing, and endorses the planning direction, as described
herein, of the Fire Station COWOP project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1:
City Council hereby endorses the conceptual use program, the conceptual site plan, the
conceptual building massing and form, the COWOP task force's recommendations on the
discussion issues identified in the document entitled "Fire Station COWOP- Task Force
Issue Identification and Conceptual Recommendations" that were presented in written,
graphic, and model format at the Mazch 13, 2006, regular City Council meeting, and
hereby gives the Aspen Fire Protection District and the Thrift Shop direction to proceed
towards developing and submitting an application for the review of final development
entitlements.
Section 2:
Following endorsement of the direction for planning these lands described in Section 1
above, the Fire Station COWOP Task Force shall reconvene after the May bond election,
if the bond is approved by the voters of the Aspen Fire Protection District, to consider
final design parameters for the project and forward their final recommendation to the City
Council.
FINALLY, adopted, passed and approved this 13th day of Mazch, 2006.
Attest:
Kathryn S. K ,City Clerk
Approved as to form:
. Worcester, City Attorney
H en Kalin 1 e d
Reso No. 15, Series of 2006
~X~,~I~N
RESOLUTION N0. c~~
(SERIES OF 2007)
A RESOLUTION OF THE ASPEN CITY COUNCIL INCLUDING ADDITIONAL
LANDS IN THE ASPEN FIRE STATION REDEVELOPMENT COWOP LAND
USE REVIEW PROCESS, KNOWN AS THE ZUPANCIS PROPERTY, AT 540
EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN
ADDITION, BLOCK 19, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-24-003
WHEREAS, pursuant to Resolution No. 4, Series of 2006, the Aspen City
Council determined that the redevelopment of certain lands owned by the City of Aspen
at 420 East Hopkins, as more fully described in said Resolution, for the purpose of the
redevelopment of the Aspen Fire Station, was eligible for the City of Aspen's
Development Reasonably Necessary for the Convenience and Welfare of the Public
(COWOP) review process; and,
WHEREAS, the Aspen Fire Protection District (COWOP co-applicant) has
determined the need to include the Zupancis Property at 540 East Main St., owned by the
City of Aspen, within the Aspen Fire Station Redevelopment COWOP land use review,
to accommodate the continuation of emergency services during the redevelopment of the
Aspen Fire Station at 520 East Hopkins Ave.; and,
WHEREAS, pursuant to Section 26.500.050 of the Land Use Code, the City
Council may amend a determination whether a proposed development is reasonably
necessary for the convenience and welfare of the public by applying the standazds of
Section 26.500.040 during a duly noticed public heazing after taking and considering
comments from the general public, and a recommendation from the Community
Development Director; and,
WHEREAS, the Community Development Director determined that the Aspen
Fire Station Redevelopment COWOP Task Force Team should have the authority to
recommend temporary improvements to a portion of the Zupancis Property at 540 East
Main St. to accommodate the continuation of emergency services during the
redevelopment of the Aspen Fire Station at 520 East Hopkins Ave, and recommended
addition of said areas to the Aspen Fire Station Redevelopment COWOP land use review;
and,
WHEREAS, the owner of said additional lands, the City of Aspen, has consented
to the inclusion of the land to the Aspen Fire Station Redevelopment COWOP land use
review; 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 Community
1
Development Director, and has taken and considered public comment at a public hearing;
and,
WHEREAS, the City Council finds that the inclusion of the additional described
lands to the Aspen Fire Station Redevelopment COWOP project meets or exceeds the
Standards for Determination, Section 26.500.040, for the following reasons:
1. The temporazy improvement of the additional lands at 540 East Main St.
represents a phasing strategy for the continued provision of emergency services
during the redevelopment of the Aspen Fire Station, at 420 East Hopkins,
supporting the same basic project goals as the lands described in Resolution No.
4, Series of 2006.
2. The temporary improvement of the additional lands at 540 East Main St. would
maintain a critical element of the public infrastructure, providing significant
community benefit in the form of continued emergency services.
WHEREAS, the City Council finds that this Resolution furthers and is necessazy
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
Section One:
Pursuant to Section 26.500.040 of the Land Use Code, the physical boundaries of the
Aspen Fire Station Redevelopment COWOP land use review aze expanded to include, in
addition to the lands described in Resolution 4, Series of 2006, the Zupancis Property
described as follows: East Aspen Addition, Block 19, Lot 9 & Lot 10, part of Lot 8 also
MB Section, Township, Range: 7-10-84, Pazcel I.D. # 273707324003.
Section Two•
The Aspen Fire Station Redevelopment COWOP Task Force Team shall be augmented to
include Alison Agley, a representative of the City's Historic Preservation Commission;
Pam Cunningham, a representative of the Aspen Fire Protection District; Courtney Lord,
a representative of neighboring properties; and Susie Krevoy, a representative of
neighboring properties.
RESOLVED, passed and approved this day of ~ ? %u~'t.~2007.
Attest:
Kathryn S. K ch, City Clerk -
Michael C. Ireland
Approved as to form:
~~ /i>~~~1~_y
EXHIBIT A
Update• Fire Station Redevelopment COWOP Task Force Roster
Name Affiliation
~8 rte:..
r n~ rte:..
Steve Skadron StlGb Cit Council
Dwa ne Romero A-FIzB-heard City Council
Pam Cunnin ham AFPD Board
Mike Haisfield Volunteer Firefighter
D lan Johns P&Z
Sarah Brou hton HPC
Alison Agley HPC
Nanc Gensch Thrift Sho
Jack Wilke Citizen
Marcia Goshorn Citizen
Cinthia Andrews Citizen
Chris Kiley Citizen
Tim Semrau Citizen
~
Courtney Lord Isis
Susie Krevoy Isis
Rob Sn der Kandycom Building
Rich Walker Ambulance Service
Ellen Anderson Pitkin County
Chris Bendon City Community Development
MEMORANDUM
TO: Mayor Ireland and City Council
vma
FROM: Jessica Garrow, Long Range Planner(~mU
THRU: Chris Bendon, Community Development Director (~
DATE OF MEMO: February 1, 2008
MEETING DATE: February 11, 2008
RE: Aspen Institute Temporary Use Permit (Greenwald Pavilion Tent) -
Resolution E~, Series 2008
APPLICANT /OWNER:
Aspen Institute
REPRESENTATIVE:
Jim Curtis, Curtis & Associates
LOCATION:
Aspen Institute
1000 N. Third St., Lot 1 - 13, Aspen
Meadows Subdivision
CURRENT ZONING & USE
Academic (A) with an SPA overlay
PROPOSED LAND USE:
Temporary Use Permit for Tent
Academic (A) with an SPA overlay
STAFF RECOMMENDATION:
Staff recommends approval of the Temporary Use
Permit.
SUMMARY:
The Applicant requests a temporary use permit for
the Greenwald Tent for the 2008 Summer.
The proposed temporary use would allow the same tent as is
shown above. The tent is proposed for [he same location and
would operate for a shorter amount of time than it did in the
summers of 2005, 2006, and 2007.
REQUEST OF COUNCIL: City Council is asked to grant a Temporary Use Permit, pursuant
to Land Use Code Section 26.450.030, for the assembly of a temporary tent at the Aspen
Institute.
BACKGROUND: In 2005, the City Council approved a Temporary Use Permit for the
Greenwald Pavilion tent at the Aspen Institute for the summers of 2005 and 2006. In 2007, the
~ The Council passed Resolution 22, Series 2005, attached as Exhibit B. This approved a tent to be in use from July
I ~' through September 28`" 2005 and 2006.
Aspen Institute Temporary Use Permit
Staff Report, Page 1 of 4
Institute requested a Temporary Use Permit to allow the tent to again be erected and operate
while the Institute determined if a permanent tent was needed to accommodate summer events?
After the 2007 summer, the Institute determined that the existing facilities do not accommodate
larger events, and determined that a permanent structure was needed. The Institute made an SPA
(Specially Planned Area) Amendment Application on December 12, 2007. This did not allow
enough time for hearings at the Planning and Zoning Commission and the City Council to be
held before the summer events, so the Institute requested this Temporary Use Permit in order for
the scheduled summer events to occur. The Council can expect to see the SPA Amendment at an
upcoming meeting.
The Institute held a number of events in 2005, 2006, and 2007 that used the tent, including: The
Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer
Celebration. If the temporary use permit is approved, the tent would be used for these events this
summer.
DISCUSSION:
The Applicant is requesting a Temporary Use Permit for the same tent with the same dimensions
and operating characteristics as the Temporary Use Permit approved in 2005, 2006, and 2007.
The temporary use now proposed is the same as was originally approved for the previous
summers, with the exception of the time period. The time period proposed for the 2008 summer
is from June 22 -August 28, which is slightly shorter than the 2007 approval and one month
sorter than in the 2005 and 2006 approval.
The tent consists of a steel structure covered with a white canvas cover. The Applicant has
proposed leaving the steel structure up for the duration of the temporary use permit, but taking
the white canvas cover off when there is a two (2) week of more "gap" in events. This is
intended to minimize the visual impacts on the neighbors. Staff does not recommend approval of
this canvas set-up and take-down scenario.
The Institute is pursuing this Temporary Use Permit because there is not enough time between
the time of application and the summer events to have an SPA Amendment (which proposes
making the tent permanent) heard at the Planning and Zoning Commission and at City Council.
If this canvas set-up and take-down scenario is approved, the Institute has requested that the
permanent floor be constructed instead of the temporary wood floor for fear that weather will
damage the temporary wood floor when the canvas is removed.3 Because this is a temporary
permit, Staff cannot support installing the permanent floor when it is part of the SPA
Amendment request to make the entire tent permanent. To do so would move toward making
this tent a percent structure without undertaking the appropriate SPA review. Further, the
Institute was identified in Ordinance 48 as a property that should potentially be designated.
Because it is on the Ordinance 48 list, Staff cannot support any construction that would make
this tent permanent before an Ordinance 48 review has occurred.
Because Staff cannot support the permanent floor, Staff does not support the removal of the
white canvas cover during "gap" periods due to weather concerns with the temporary floor. Staff
z Council passed Resolution 8, Series 2007, attached as Exhibit C. This approved a tent to be in use from June 28 -
August 28 with set-up and take-down the week before and after the operational time period.
This request is outlined in an email to staff, dated January 23, 2008, and is attached as Exhibit D.
Aspen Institute Temporary Use Permit
S[aff Report, Page 2 of 4
also does not support the removal of the canopy during "gap" times because of the negative
impacts the noise could have on other events at the Institute (i.e. Music Festival), and what Staff
considers to be excessive labor involved.
The Applicant has agreed to prohibit private events in the tent in an effort to minimize noise.
The Application outlines "Tent Improvements" that are requested.4 Because of the temporary
nature of this approval, Staff does not believe the permanent floor, the entrance and walkway
canopy, of the utilities are appropriate for this approval. These are issues that should be
addressed through the SPA Amendment process.
The Temporary Use review criteria are outlined in Land Use Code section 26.450.030; Staff
Review is attached as Exhibit A.
REFERRAL AGENCY COMMENTS:
The Historic Preservation Commission has been notified of the proposed temporary use permit
for the tent. The Commission has not expressed concern to Staff regarding the temporary use
permit. Parks and Environmental Health were also contacted regarding the temporary use, and
recommend approval as it is consistent with the approval received in Resolution 22, Series 2005
and Resolution 8, Series 2007.
RECOMMENDED ACTION: Staff recommends approval of a Temporary Use Permit for the
Greenwald Pavilion Tent. Staff finds that this one-time Temporary Use Permit is consistent with
the previous approval, is consistent with the mission of the Aspen Institute, is consistent with the
Academic zoning and the SPA overlay, and will be a benefit to the greater community. There
are some visual impacts to neighboring properties, which the Applicant has addressed by
prohibiting private events from occurring in the tent, and by requesting that when a two (2) week
or longer "gap" occurs between events that the canvas cover be removed from the tent. Staff
does not support this proposal because of the implications that has on making this a more
permanent structure without an SPA Amendment process. Staff does support the ban on private
events.
The temporary tent is proposed to be in operation from June 30, 2008 through August 20, 2008,
with set-up occurring June 22, 2008 -June 29, 2008, and take-down occurring August 21, 2008
- August 28, 2008. The set-up and take-down of the tent is noisy, so Staff has included a
condition in the Resolution requiring the Institute to coordinate these processes with other noise-
sensitive events being held at the Institute, including the Music Festival.
See page 4 of the Application, attached hereto as Exhibit E.
Aspen Institute Temporary Use Permit
Staff Report, Page 3 of 4
PROPOSED MOTION: "I move to approve the request for a Temporary Use Permit at the
Aspen Institute for the purpose of erecting the Greenwald Pavilion tent from June 22, 2008 to
August 28, 2008 with conditions as noted in Resolution No. ~, Series of 2008"
CITY MANAGER COMMENTS:
ATTACHMENTS:
ExH~eiT A -Review Criteria and Staff Findings
Exhibit B -Resolution 22, Series 2005
Exhibit C -Resolution 8, Series 2007
Exhibit D -Email from Applicant outlining request for permanent flooring
Exhibit E -Application
Aspen Institute Temporary Use Permit
Staff Report, Page 4 of 4
RESOLUTION N0.1
(Series of 2008)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF
A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street; and,
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005,
and from July 1, 2006 to September 28, 2006; and
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from June 28, 2007 to August 28, 2007, with
set-up of the tent from June 21, 2007 to June 27, 2007, and tent take-down from August 29, 2007
to September 4, 2007; and,
WHEREAS, the Applicant requests approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from June 30, 2008 to August 20, 2008, with
set-up of the tent from June 22, 2008 to June 29, 2008, and tent take-down from August 21, 2008
to August 28, 2008; and,
WHEREAS, Community Development Department reviewed the temporary use
application and the 2005 refen•al comments from the Historic Preservation Commission, the
Parks Department, and the Environmental Health Department, and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on February ] 1,
2008; and,
Resolution No. 8, Series of 2007
Page 2
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Institute a Temporary Use Permit to place a tent at
the Aspen Institute campus north with the following conditions:
1. The temporary use is valid from June 22, 2008 to August 28, 2008
2. The Applicant shall erect the tent from June 22, 2008 to June 29, 2008.
3. The Applicant shall disassemble the tent from August 21, 2008 to August 28, 2008.
4. The tent shall only be operable from June 30, 2008 to August 20, 2008.
5. The Applicant shall obtain a building permit before erecting the tent on June 22, 2008.
6. The temporary use shall allow for a Main Tent of sixty (60) feet by one-hundred twenty
(120) feet, and a Catering Wing of twenty (20) feet by forty (40) feet.
7. The Applicant shall obtain all necessary approvals From the Enviromnental Health
Department for the food service operations.
8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series
2005 with regazds to placement of the tent, site plan, grading plan, and any pathways to
be altered or installed.
9. Prior to any grading work to be done, the Applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones which are
not to be impacted.
10. A native vegetation restoration plan approved by the Parks Department, which includes
the following elements, must be followed:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of
noxious weeds during the entire time period of the temporary use, up until the
area is restored as outlined below. This will require a plan and contract with a
local vegetation management company or provide, for city review, a detailed plan
Resolution No. 8, Series of 2007
Page 3
on how the in-house staff will manage any weed issues. The City of Aspen will
perform inspections of the area.
b. Restoration: All areas disturbed to accommodate the installation of the tent,
events, and or other activities shall be restored to the follow standards:
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake
seed into soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass "Nez Par" - Achnatherum hymenoids "nez
Par" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0
lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 lbs/acre,
Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis"
Slender Wheatgrass Elymus trachycalulus 3.0 ]bs/acre, Arizona Fescue
Festuca ovina "Arriba" 2.5 Ibs/acre, "Arriba" Western Wheatgrass
Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis
villosa 0.25 lbs/acre, Silver Lupine - Lupinus argenteus 1.0 lbs/acre,
Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre, Arrowleaf
Balsam Root Balsamorhiza sagitta 0.5 Ibs/acre, Mules Ear Wyethia
amplexicaulis 0.5 ]bs/acre. Seed mix can be purchased at" Arkansas
Valley Seed - 303.320.7500, Pawnee Butte Seed - 800.782.5947, or
Granite Seed - 801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6)
inched of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and
installed at the time or restoration. The system should be designed to
properly provide coverage to all disturbed areas.
11. The tent shall only be used for events that are sponsored or co-sponsored by the Aspen
Institute. Private events, including but not limited to parties and weddings, are
prohibited
12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement
Ordinance, Title 18 of the City of Aspen Municipal Code. Prior to erecting the tent, the
Institute shall submit a noise suppression plan to the City of Aspen Environmental
Health Department that addresses the events held inside the tent.
13. The tent erection and disassembly shall be conducted in coordination with all other
events occurring at the Institute. This includes, but is not limited to, the Music Festival.
14. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2:
Resolution No. 8, Series of 2007
Page 4
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 construed and concluded under such prior ordinances.
Section 3•
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, February 11, 2008, at a public hearing before the City Council of the City of
Aspen, Colorado.
Michael C Ireland, Mayor City Attorney
ATTEST:
Kathryn S. Koch, City Clerk
EXHIBIT A
26.450.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES.
Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the
following criteria, as applicable, when reviewing development applications for a temporary use:
A. The location, size, design, operating characteristics, and visual impacts of the proposed
use.
The proposed temporary use is for the existing Greenwald Pavilion Tent at the Aspen
Institute. The Institute received temporary use approval from the City Council to operate
the tent in the summers of 2005, 2006, and 2007. The tent is sixty (60) feet by one-
hundred and twenty (120) feet with a catering wing of twenty (20) feet by forty (40) feet.
The temporary use now proposed is the same as was originally approved for the previous
summers, with the exception of the time period. The time period proposed for the 2008
summer is from June 22 -August 28, which is slightly shorter than the 2007 approval
and one month sorter than in the 2005 and 2006 approval.
The tent will be used, as it was used in the previous summers, to house events for the
Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen institute
Summer Celebration. The Institute will not allow private events, such as parties or
weddings in the tent.
Staff finds this criterion to be met.
B. The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
The proposed tent is compatible with the existing uses in the Aspen Institute SPA. The
tent is used for activities related to events such as the Aspen Ideas Festival. The
Greenwald Tent was used in the summers of 2005, 2006, and 2007. Continuing the use
of the tent for the 2008 summer is consistent with the previous approval and activities on-
site.
Staff finds this criterion to be met.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood character.
The proposed temporary tent has visual impacts on neighboring properties, especially
those across the Roaring Fork River. The Applicant has proposed leaving the steel
structure up for the duration of the temporary use permit, but taking the white canvas
cover off when there is a two (2) week of more "gap" in events. This is intended to
minimize the visual impacts on the neighbors. Staff does not recommend approval of this
set up and take down of the canvas. The Institute is pursuing this temporary use permit
because there is not enough time between the time of application and the summer events
to have an SPA Amendment (which proposes making the tent permanent) heard at the
Planning and Zoning Commission and at City Council. If the canvas cover is taken
down, the Institute has requested that the permanent floor be constructed instead of the
temporary wood floor for fear that weather will damage the floor when the canvas is
removed. Because this is a temporary permit, Staff cannot support installing the
permanent floor when it is part of the SPA Amendment request to make the entire tent
permanent. To do so would move toward making this tent a percent structure without
undertaking the appropriate reviews (Ordinance 48 review, SPA Review). Because Staff
cannot support the permanent floor, Staff does not support the removal of the white
canvas cover during "gap" periods due to weather concerns with the temporazy floor.
Staff also does not support the removal of the canopy during "gap" times because of the
negative impacts the noise could have on other events at the Institute (i.e. Music
Festival).
The tent will be required to abide by all noise requirements in the zone district and no
private events may occur in the tent. Because of the potential impacts the set-up and
take-down of the tent may have on other events at the Institute (i.e. the Music Festival), a
condition of approval in the Resolution requires that these times be coordinated with
other events occurring at the Institute. The anticipated municipal services will not exceed
those needed in the previous approvals.
Staff finds this criterion to be met.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as proposed in
the application.
The temporary tent is proposed to be in operation from June 30 through August 20, with
set-up occurring June 22 -June 29, and take-down occurring August 21 -August 28.
The approval for the 2005 and 2006 summers was from July 1 through September 28,
with set-up and take-down the week before and after the operational time period. The
approval for the summer of 2007 was from June 28 -August 28 with set-up and take-
down the week before and after the operational time period.
The operational time for this temporary use permit is shorter than the previous approvals.
The time period is appropriate for the proposed uses in the tent, including the Aspen
Ideas Festival.
Staff finds this criterion to be met.
E. The purposes and intent of the zone district in which the temporary use is proposed.
The Aspen Institute is zoned Academic-Specially Planned Area (A-SPA). The tent is
consistent with the purpose and intent of the Academic zone district and with the
Institute's SPA.
Staff finds this criterion to be met.
F. The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
The use of a tent for summer programs is consistent with the historic and current uses of
the Aspen Institute. The Institute has not undergone significant changes from its
establishment in the 1950s, though there has been significant residential development on
neighboring properties. The temporary use permit is consistent with the previous
temporary use approval.
Staff finds this criterion to be met.
C. How the proposed temporary use will enhance or diminish the general public health,
safety or welfare.
The tent will be used to provide an additional venue for events, such as the Aspen Ideas
Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer
Celebration. These events are beneficial to the community, as they provide educational
opportunities consistent with the Art, Culture, and Education section of the Aspen Area
Community Plan.
Staff finds this criterion to be met.
RESOLUTION NO.
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCH, GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT
THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF
• ASPEN, PITHIN COUNTY, COLORADO.
Parcel ID: 2735-721-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street, City and Townsite of Aspen; and,
WHEREAS, the Applicant requests to utilize the tent for 1 SO days divided evenly among
the summer months of 2005 and 2006; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and referral comments from the City Parks Department, the City Environmental
Health Department, and the Historic Preservation Commission and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the 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 furthers 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:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant the Aspen Institute a temporary use permit to erect a
tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following
conditions:
1. The temporary use permit shall be valid during the summer of 2005 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2005.
2. The temporary use permit shall be valid during the summer of 2006 between the dates of
July lst and September 28th, and removal of the tent must be completed by September
29th, 2006.
3. Before erecting the tent on July I" during the summers of both 2005 and 2006, the
applicant shall obtain a building permit.
4. The applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
5. The food section of the tent shall be limited to 90 days of operation during the summer
months.
6. Prior to installation for the first season, the applicant shall meet with the Parks
Department on site to determine the best possible placement of the tent to minimize
environmental impacts. In conjunction with Parks, HPC has assigned one of their
members (a landscape architect) to review the site plan, grading plan and any pathways to
be altered or installed.
7. Prior to any grading work to be done, the applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones to not be
impacted.
8. Develop a native vegetation restoration plan that receives approval from the Parks
Department with a copy is recorded with the Community Development Department. Said
plan will contain the following elements:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of noxious
weeds during the entire time period of the temporary use, up until the area is restored
as outlined below. This will require a plan and contract with a local vegetation
management company or provide, for city review, a detailed plan on how the in-house
staff will manage any weed issues. The City of Aspen will perform inspections of the
area.
b. Restoration: All aeeas disturbed to accommodate the installation of the tent, events
and or other activities shall be restored to the following standards.
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake seed into
soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass `Nez Paz' - Achnatherum hymenoides "Nez Par'
3.0 Ibs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 ]bs/acre,
Sandberg Bluegrass Poa secunda`Sherman'.5 lbs/acre, Thickspike Wheat Grass
Elymus lanceolatus 2 Ibs/acre, `San Luis' Slender Wheatgrass Elymus
trachycalulus 3 lbs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 lbs/acre,
`Arriba'Westem Wheatgrass Pascopyrum smithii `Arriba' 2.5 ]bs/acre, Hairy
Golden Aster Chrsopsis villosa .25 Ibs/acre, Silver Lupine - Lupinus argenteus
1.0 Ibs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre,
Arrowleaf Balsam Root Balsamorhiza sagittata .5 Ibs/acre, Mules Eaz Wyethia
amplexicaulis .51bs/acre. Seed mix can be purchased at:
Arkansas Valley Seed-303.320.7500, Pawnee Butte Seed-800.782.5947, or
Granite Seed-801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6) inches
of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and installed
at the time of restoration. The system should be designed to properly provide
coverage to all disturbed areas.
Section 2:
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 construed and concluded under such prior ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, Adopted, Passed, and Approved on this I ~~`day of , 2005, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
J orcester, City Attorney
ATTEST:
~~'~
Kathryn S. K h, City Clerk
C:\home\Current Planning\CASES\Institu[e Tent\CC Reso.doc
RESOLUTION NO.B
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A TEMPORARY USE.PEKMIT TO ALLOW FOR THE PLACEMENT OF
A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND
TOWNSITE OF ASPEN, COLORADO
Parcel ID 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North "Third Street; and,
WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent
on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005,
and from July 1, 2006 to September 28, 2006; and
WHEREAS, the Applicant requests to utilize this tent from June 28, 2007 to August 28,
2007, requests to set up the tent from June 21, 2007 to June 27, 2007, and requests to take down
the tent from August 29, 2007 to September 4, 2007; and,
WHEREAS, Community Development Department reviewed the temporary use
application and referral comments from the Historic Preservation Commission, the Parks
Department, and the Environmental Health Department, and recommends that the City Council
approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use will not adversely impact the neighborhood; and
WHEREAS, City Council conducted a duly noticed public hearing on February 12,
2007; and,
WHEREAS, City Council has reviewed and considered the temporary use request under
the applicable provisions in the Municipal Code, has reviewed and considered the
recommendation of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment; and,
Resolution No. 8, Series of 2007
Page 2
WHEREAS, City Council finds that the temporary use permit meets or exceed all
applicable development standards; and,
WHEREAS, the City Councinl finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
[n accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of
Aspen, Colorado, does hereby grant the Aspen Institute a Temporary Use Permit to place a tent at
the Aspen Institute campus north with the following conditions:
1. The temporary use is valid from June 21, 2007 to September 4, 2007.
2. The Applicant may begin erecting the tent on June 21, 2007.
3. The tent must be completely disassembled by September 4, 2007.
4. The tent shall only be operable from June 28, 2007 to August 28, 2007.
5. The Applicant must obtain a building permit before erecting the tent on June 21, 2007.
6. The temporary use shall allow for a Main Tent of sixty (60) feet by one-hundred (100)
feet, and a Catering Wing of twenty (20) feet by forty (40) feet.
7. "1'he Applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series
2005 with regazds to placement of the tent, site plan, grading plan, and any pathways to
be altered or installed.
9. Prior to any grading work to be done, the Applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones which aze
not to be impacted.
10. A native vegetation restoration plan approved by the Parks Department, which includes
the following elements, must be followed:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of
noxious weeds during the entire time period of the temporary use, up until the
area is restored as outlined below. This will require a plan and contract with a
local vegetation management company or provide, for city review, a detailed plan
on how the in-house staff will manage any weed issues. The City of Aspen will
perform inspections of the area.
b. Restoration: All areas disturbed to accommodate the installation of the tent,
events, and or other activities shall be restored to the follow standards:
Resolution No. 8, Series of 2007
Page 3
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake
seed into soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass "Nez Par" - Achnatherum hymenoids "nez
Par" 3.0 Ibs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0
lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 ]bs/acre,
Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis"
Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue
Festuca ovina "Arriba" 2.5 ]bs/acre, "Arriba" Western Wheatgrass
Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis
villosa 0.25 Ibs/acre, Silver Lupine - Lupinus argenteus 1.0 lbs/acre,
Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre, Arrowleaf
Balsam Root Balsamorhiza sagitta 0.5 Ibs/acre, Mules Ear Wyethia
amplexicaulis 0.5 Ibs/acre. Seed mix can be purchased at" Arkansas
Valley Seed - 303.320.7500, Pawnee Butte Seed - 800.782.5947, or
Granite Seed - 801.7b8.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (b)
inched of good organic topsoil.
iv. Imgation: The irrigation system shall be designed for temporary use and
installed at the time or restoration. The system should be designed to
properly provide coverage to all disturbed areas.
11. The tent shall only be used for events that are sponsored or co-sponsored by the Aspen
Institute. This shall not include private parties, weddings, etc.
12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement
Ordinance, Title 18 of the City of Aspen Municipa] Code. Prior to erecting the tent, the
Institute shall submit a noise suppression plan to the City of Aspen Environmental
Health Department that addresses the events held inside the tent.
13. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2•
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 construed and concluded under such prior ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competentjurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Resolution No. B, Series of 2007
Page 4
APPROVED, Febn~ary 12, 2007, at a public hearing before the City Council of the City of
Aspen, Colorado.
Helen Kalin Kla derud, ayor ity At
ATTEST:
Kathryn S. K ,City Clerk
~xln~b-~ p
Jessica Garrow
From: Jim Curtis [jcurtis@sopris.net]
Sent: Wednesday, January 23, 2008 10:57 AM
To: Jessica Garrow
Subject: Greenwald Tent--Interesting Problem
The Institute would like to request the permanent floor be able to be installed this
summer for this reason. The temporary floor that has been installed since 2005 is a 2 x 4
wood frame laid on the existing gavel base. Sheets of plywood are then screwed to the 2 x
4 wood frame & then carpet is laid on top of the plywood top. If the white canvas is
removed between events as proposed and it rains, it will buckle the plywood topping & wood
frame, & the temp. floor would need to be redone. This actually occurred in the set-up of
the tent in
2006 when the floor was installed & left uncover for 3 days before the tent was put up &
it rained, & the floor had to be redone. The temp. floor cost about $ 30,000 each time to
put down.
Conversely, if we use the temp. floor for 2006 then we would not be able to remove the
white canvas between events & view the impact of the steel skeleton from Pitkin Green. We
could keep the white canvas up for 2008 & then when it is removed in late August we could
keep the steel skeleton up for couple of days & view the impact fr. Pitkin Green.
Thanks
1
MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Jessica Garrow, Long Range Planner J~
THRU: Chris Bendon, Community Development Director
DATE OF MEMO: February 4, 2008
MEETING DATE: February 11, 2008
Vnlb
RE: Wienerstube Subdivision, Ordinance 29 Series 2007
At the January 28, 2008 public hearing on the Wienerstube redevelopment proposal, the
Applicant stated they would work with Staff to examine different possibilities to provide
affordable commercial spaces in the development and come back to City Council to discuss
these. They also stated they would examine the height of the building and the affordable
housing component of the proposal. City Council continued the meeting to February 11,
2008 as aplace-holder, and asked Staff to see if there was a work session date that could
accommodate a continued public hearing. Staff has worked with the Manager's Office to
find a work session date, but all the upcoming work sessions are full. Because of this, Staff
and the Applicant will be at the February 11, 2008 public hearing to go over the affordable
commercial proposal, and any other changes made to the project. If Council would like more
time to examine the information, Staff recommends the hearing be continued to the regular
April 14, 2008 City Council meeting, as no other Council meetings or work session are open
until that time.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Jessica Garrow, Long Range Planner
THRU: Chris Bendon, Community Development Director
DATE OF MEMO: February 8, 2008
MEETING DATE: February 11, 2008
(cont. from August 13, 2007, August 27, 2007, October 9, 2007,
November 12, 2007, November 26, 2007, December 3, 2007, and
January 28, 2008)
RE: 307 S. Spring Street and 625 E. Hyman Subdivision Review
Ordinance No. 29, Series 2007
APPLICANT /OWNER:
633 Spring II, LLC
REPRESENTATIVE:
Stan Clauson Associates, Inc
LOCATION:
307 S. Spring Street and 625 E. Hyman
(Wienerstube Property)
CURRENT ZONING:
C-1 (Commercial) Zone District
SUMMARY:
The Applicant requests subdivision review to
construct a new mixed use building on the
property located at 307 S. Spring Street and
625 E. Hyman, where the Wienerstube
currently exists. The proposal has been
amended to reduce the amount of parking
to 23 spaces, provide a cash-in-lieu
payment for 2.25 FTEs in addition to the
affordable housing provided in the
project, and to provide a deed restriction
on a portion of the commercial space.
Photo: Existing Wienerstube Restaurant and
neighboring parking lot.
PREVIOUS PLANNING AND ZONING
COMMISSION RECOMMENDATION:
The Planning and Zoning Commission voted
three (3) to zero (0) to approve the project in
Resolution 28, Series 2007 and voted five (5)
to zero (0) to approve growth management
reviews in Resolution 20, Series 2007.
STAFF RECOMMENDATION:
Staff recommends that the City Council
approve the Subdivision request.
REQUEST OF COUNCIL: City Council is asked to grant Subdivision approval for the
development of multi-family residential units at 307 S. Spring and 625 E. Hyman. The ~
residential units aze part of a mixed-use development. Staff note to Council: Council has aw
seen the Staff memo a number of times, so rather than providing the same memo again,
this memo provides a brief outline of the requests made by Council at the January 28,
2008 Public Hearing and the proposed changes that will be presented on February 11,
2008.
BACKGROUND:
Summary of January 28, 2008 Public Hearinti: At the January 28, 2008 Public Hearing
City Council asked the applicant to examine the following three (3) aspects of the project:
I. The long-term affordability of the commercial spaces;
2. The height of the building; and
3. The amount of affordable housing provided by the project.
Council asked Staff to come to the February 11, 2008 meeting with a future work session or
special meeting date that would accommodate a continued public hearing on the Wienerstube
project. Staff worked with the City Manager's office to find an open date, but was not able
to find one. Staff and the Applicant will present the changes made in response to Council's
three (3) requests at the Febtuazy 11, 2008 hearing. If Council would like to continue the
heazing, Staff recommends continuing to the next open regular Council Meeting, which is
Apri] 14, 2008.
DISCUSSION:
Chanties made by the A~alicant: The Applicant has provided a letter, attached as Exhibit
B, outlining proposed changes to the commercial spaces and to the pazking. The Applicant
will present architectural changes and building sections at the Februazy 11, 2008 public
heazing. The previous commitment to provide acash-in-lieu payment for 2.25 full time
equivalent (FTEs) in addition to the on-site affordable housing remains in effect. Section 13
in the Ordinance has been changed to reflect this commitment.
The letter from the Applicant only references aspect 1 listed above (long-term affordability
of the commercial spaces), so Staffs comments in this memo aze limited to this aspect. The
other two (2) items requested by Council will be addressed at the hearing.
Commercial Snace Affordability
The applicant has committed to ensuring the long-term affordability of commercial space in
the project by providing a rental deed restriction on the commercial spaces located along the
mid-block walkway and the alley. The Wienerstube restaurant is located along the Spring
Street frontage of the building, and is subject to a 10-yeaz lease, outlined in Section 24 of the
Ordinance. Excluding the Wienerstube space, there aze 7,823 square feet of net leasable
space on the first floor. The Applicant has pledged to restrict the rent on 2,046 squaze feet of
this space to 50% of the overall average per square foot cost of the remaining first floor space
(4,796 square feet). These spaces would also be subject to the following restrictions:
• The reduced rate spaces shall be sepazately demised from the spaces that front the
street and shall never be connected to the spaces that front the street;
• The reduced rate spaces shall be accessed off of the alley or the mid-block walkway;
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 2 of 4
• The reduced rate spaces shall be prohibited from being an Office or a Storage Use;
• The retailer(s) in the reduced rate spaces shall not be the same as the retailer(s) in the
.,
spaces that front the street;
• The City of Aspen shall be party to the covenants for the reduced rate spaces, and the
City Attorney shall approve the covenants with respect to the affordability provisions;
The City of Aspen shall review and approve all leases in the reduced rate spaces to
ensure compliance with the covenants and the Ordinance; and
• All leases for these reduced rent spaces shall include a whereas clause stating that the
City of Aspen has reviewed and approved the ]ease for compliance with the
covenants and Ordinance.
Staff has added Section 25 to the Ordinance to reflect the commitments made by the
application with respect to the commercial spaces.
Parkin
As outlined in the Applicant's letter, Exhibit B, the Applicant has reduced the amount of
parking to twenty-three (23) or spaces. This allows for one space to be dedicated to each of
the residences (both affordable and free-market) and for an additional five (5) or six (6)
spaces for commercial users. The pazking required under the Land Use Code is 23 spaces,
so even though the pazking proposed by the project is being reduced it meets the code
requirement. This change in parking spaces has been incorporated into Section 22 of the
Ordinance.
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.Z 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, condomini3 mization 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 standazds established in Land Use Code Section 26.480.050, Review
Standards, as outlined in Exhibit A.
RECOMMENDED ACTION: Staff believes the proposed commercial affordability
changes will go a long way toward ensuring the long-term affordability of the alley and mid-
~ Land Use Code Section 26.510.030, Required number of off-street parking spaces, states that 1 space per 1000
sq. ft. of commercial space is required in the infill Area, and that no parking is required for residential units in a
mixed-use building in the CC or C-1 zone districts. The commercial space provided in the project is 23,254
square feet, resulting in a requirement of 23 parking spaces.
Z Subdivision, pursuant to Land Use Code section 26.104.100, is defined as "The process act or result of
transfer of ownershia leasehold interest buildine or development..."
3 Once construction is nearly completed, bu[ 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.
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 3 of 4
block walkway commercial spaces. Prohibiting Office and Storage Uses will help ensure
that these spaces have vitality and will add to the commercial mix on the block. Staff '"'~0
believes that the 50% deed restriction is a significant commitment to meeting the AACP's .,,,r
goals of Economic Sustainability. Because the Applicant has not yet addressed two (2) of the
three (3) Council requests, Staff recommends the Council take the February ll, 2008
meeting to discuss the changes made by the Applicant. If Council is not prepazed to make a
decision, Staff recommends the hearing be continued to April 14, 2008.
CITY MANAGER COMMENTS:
Attachments•
Exhibit A -Subdivision Review Criteria and Staff Findings
Exhibit B -Letter from Applicant
•
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 4 of 4
ORDINANCE N0.29
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS A SUBDIVISION REVIEW FOR THE CONSTRUCTION
OF A MIXED-USE BUILDING AT 307 S. SPRING STREET AND 625 E. HYMAN
AVE, LOTS D-I, BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
Parcel No. 2737-182-25-003
Parce[ No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct athree-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and aze located in the Commercial (C-1) Zone District; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended the Planning and Zoning
`-" Commission deny the Applicant's request for multi-year development allotments, finding
^~ that the current design and massing did not meet the standards for an exceptional project
necessary to obtain multi-yeaz development allotments; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 approving Commercial Design Review, 2006 Commercial
Growth Management Allotments, twelve (12) 2006 Affordable Housing Growth
Management Allotments, one (1) 2006 Free-Market Growth Management Allotment, and
recommending City Council approve an "Exceptional Project or Multi-Year
Development Allotment" Growth Management Review for five (5) 2007 Free-Market
Growth Management Allotments and a Subdivision Review on November 7, 2007; and,
WHEREAS, on December l la', 2006 the Aspen City Council approved Ordinance
No. 49, Series 2006, on First Reading by a four to zero (4-0) vote, approving with conditions
the Multi-Yeaz Growth Management Review and Subdivision of properties located at 307
S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of
Aspen, CO; and,
WHEREAS, the City Council conducted public hearings on January 22"d, 2007,
February 12`h, 2007, and February 26`h, 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26`h, 2007 the Aspen City Council did not approve
Ordinance No. 49, Series 2006, by a two to one (2 - 1) vote, approving with conditions
Multi-Year Development Allotments, and Subdivision for the development of a three-story,
,.,, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
Ordinance No. 29, Series 2007
Page 1
WHEREAS, dwing a regular City Council meeting on February 27d', 2007, the ~
Aspen City Council voted to reconsider the project on Apri] 23rd, 2007 by a two (2) to one
(I) vote; and, ~'
WHEREAS, on April I1`h, 2007 the Applicant amended their application to
"renew" their growth management request to request five (5) Free-Market Residential
Allotments under the Growth Management Review "Free-Market Residential Units
within aMixed-Use Project" separately from the approvals received in Resolution 28,
Series 2006; and
WHEREAS, the Community Development Director reviewed the amended
application and recommended approval of the five (5) Free-Market Residential Growth
Management Allotments, finding that application met the standards for such a review and
recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5-0) vote, approving with conditions, a Growth Management Review for five (5) Free-
Market Residential Units in a Mixed Use Development, for the development of a three-
story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, on July 9d', 2007 the Aspen City Council approved Ordinance No. 29,
Series 2007, on First Reading by a three to zero (3-0) vote, approving with conditions the
Subdivision of properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots "^~
D-I, Block 100, City and Townsite of Aspen, CO; and,
WHEREAS, dwing a duly noticed public hearing on February 11, 2008, continued
from August 13, 2007, August 27, 2007, October 9, 2007, November 12, 2007, November
26, 2007, December 3, 2007, and January 28, 2008, the Aspen City Council approved
Ordinance No. 29, Series 2007, by a _ to _ ~-~ vote, approving with conditions a
Subdivision for the development of athree-story, mixed use building on Lots D-I, Block
100, City and Townsite of Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable refen•al agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
Ordinance No. 29, Series 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
~.. OF ASPEN AS FOLLOWS:
'~ Section 1:
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 for the
development of a three-story, mixed use building on Lots D-I, Block 100, City and
Townsite of Aspen, subject to the conditions contained herein.
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 such
approval. The Subdivision Agreement shall also include a commitment to satisfy all
conditions of Planning and Zoning Commission Resolution Number 28, Series of 2006,
Planning and Zoning Commission Resolution Number 20, Series of 2007, as well as all
conditions of this Ordinance. A Subdivision Plat shall be recorded concurrently with the
filing of the Subdivision Agreement. A final Condominium Plat may be approved and
signed by the Community Development Director upon substantial completion of
construction and prior to transfer of ownership of individual units within the project.
Section 3• Building Permit Application
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 28, Series 2007, and P&Z
Resolution 20, Series 2007.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
d. A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed civil engineer, which maintains sediment and
debris on-site during and afrer construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
e. A final construction management plan pursuant to the requirements described in
Section 6 of this ordinance.
Ordinance No. 29, Series 2007
Page 3
£ A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
g. An excavation stabilization plan prepared by a licensed Engineer and approved by ,..~
the Engineering Department. This should meet all requirements outlined in Section
21.12.140 of the Aspen Municipal Code.
h. Proof of energy efficiency requirement being placed on the property.
Section 4: Dimensional Requirements
The use mix and dimensional requirements shall comply with the C1 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 below stated
requirements of the underlying C1 zone district is maintained. The dimensional
requirements approved for this development are as follows:
Alen&ioual - Pi'hposed . ~ .
--
Requtrement~ ,
bipiens
on
l°~;`
, ~
a
Re "uirements
Minimum Lot Size 18,000 SF
Minimum Lot Wid[h 100 Fee[
Minimum Lot Area 1 Unit per 1,000 SF of
Per Dwellin Unit Lot Area
Minimum Front Adjacent to Hyman- 0
Yazd Setback Feet
Adjacent to Spring St.-
0 Feet
Minimum Side Yard 0 Feet
Setback
Minimum Rear Yard 0 Fee[
Setback
Maximum Height 42 Feet
Allowable External Total- 2.74:1
FAR Commercial- 1.3:1
FM Multi-famil -.7:1
Minimum Off-Street Total: 23 Spaces
Parkin Pro osed On-site
Open 10%(1,800 SF)
Space/Pedestrian provided by paying
Amenit cash-in-lieu
Section 5: Onen Snace/Pedestrian Amenity
The property is required to either provide open space satisfying the definition open
space/pedestrian amenity equal to 10% of the property or pay cash-in-lieu thereof. If
providing cash-in-lieu, cash-in-lieu shall be provided in full based on the calculation
methodology set forth in Land Use Code Section 26.575.030, Pedestrian Amenity.
.~-+,
Ordinance No. 29, Series 2007
Page 4
Section 6: Construction Management
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Construction Management Plan Requirements
Plan Manual" available in the City of Aspen Engineering Department. The construction
management plan shall include at a minimum, a construction parking plan, a construction
staging and phasing plan, a construction worker transportation plan, a plan for accepting
major construction-related deliveries with estimated delivery schedule, the designation of
haul routes, and an agreement with the City to participate with other neighboring
developments under construction to limit the impacts of construction. This agreement
shall be prepared by the developer and accepted by the Community Development
Director.
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
requirements of the Colorado Smoking Vehicle Law. Any regulations regarding
construction management that may be adopted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed areas
(including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of
adjacent right-of-ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of--way for construction
purposes.
The Applicant shall also provide phone contact information for on-site project
management to address construction impacts to: The City of Aspen, the Victorian Square
Condominiums, the owners of the Hannah Dustin Building, the Chateau Aspen
Condominiums, and the owners of the Hunter Plaza Building.
Section 7: Pre-Construction Meeting
The Applicant shall conduct apre-construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting
shall include the general contractor, the architect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, a representative of the City Engineering Department, and the Community
Development Department's case planner.
Section 8: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 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
Ordinance No. 29, Series 2007
Page 5
Department. The Applicant shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential ~
unit shall have an individual water meters. A single water service line penetration into
the building shall be allowed. The Applicant shall abandon the existing water service """"
line and excavate it prior to installation of a new water service line.
Section 10: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. The Applicant shall fund the replacement of 300 feet the main sewer line
located in the alley adjacent to the project. No clear water connections (roof, foundation,
perimeter drains) to ACSD lines shall be allowed. The driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand separator.
One tap to the main sanitary line is allowed. No soil nails shall be allowed in the public
right-of--way above ACSD main sewer lines. The Applicant shall enter into a shared
service line agreement. Glycol and snowmelt shall have containment areas approved by
the Aspen Consolidated Sanitation District. Service lines being abandoned shall be
abandoned from the main sewer line and excavated.
Section il: Electrical Department Requirements
The Applicant shall have an electric connect load summazy conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the redevelopment. If a new supplemental transformer is
required to be installed on the subject property, the Applicant shall provide for a new
transformer and its location shall be approved by the Community Development
Department prior to installation. The Applicant shall dedicate an easement to allow for
City Utility Personnel to access the supplemental transformer for maintenance purposes, " ~'"'"
if a supplemental transformer is installed. If after the subdivision plat is recorded and in
the event an easement is required, then the Community Development Director shall
review and approve the easement on the condominium plat.
Section 12: Enerev Efficiency
The development shall exceed the Energy Star Target Energy Performance Results
requirements for energy usage by 50%. An energy audit shall be conducted on the
development at the property owner's expense after three (3) yeazs of occupancy. The
energy audit shall be conducted by an energy consultant selected by the City of Aspen
Building Department. If the audit determines that the development does not meet the
tazget energy performance, then the building shall be upgraded to meet this requirement.
Prior to the building's occupation, the building shall be commissioned to determine the
energy efficiency prior to use. This shall be conducted by an energy consultant selected
by the City of Aspen Building Department and shall be conducted at the expense of the
Applicant.
Section 13: Growth Manaeement Implications and Employee Housine Miti¢ation
The Applicant shall provide twelve (12) deed-restricted, two-bedroom affordable housing
units, to fully mitigate for the 25.9 full time employees (FTEs) required to be mitigated
for. The affordable housing units shall also contain 13,960 squaze feet of floor azea as
Ordinance No. 29, Series 2007
Page 6
indicated in the application. The Applicant shall also pay acash-in-lieu fee for 2.25
FTEs in addition to the housing provided on-site.
"'""" Section 14: Affordable Housine
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and
prior to issuance of a certificate of occupancy on the affordable housing units.
Three (3) of the affordable housing units shall be Category 2, four (4) of the
affordable housing units shall be Category 3 units and five (5) of the affordable
housing units shall be Category 4 units.
The owner shall have the right to choose the first purchaser on three (3) of the units
for the initial sale only. The households chosen shall be qualified through the
Housing Office and shall meet all of the following criteria:.
a. Must have worked at least four years in Pitkin County prior to application,
b. Must meet all aspects of the category specified for the unit to be purchased,
c. Must meet minimum occupancy requirements, and
d. Must show verified proof that at least one person in the household works for
a business in the development at the time of the initial sale.
All re-sales shall go through the Housing Office in accordance with the APCHA
lottery process. All affordable housing units not subject to the right of first
purchase as described above shall be "for sale" units and Bald through the APCHA
lottery process.
A separate Homeowner's Association shall be established for the affordable housing
units. The affordable housing homeowners' association dues shall be a percentage of the
free-market residential development's dues equal to the affordable housing's market
value compared to that of the free-market residential component's market value in the
complex. If the Category 2 units are not sold within six months of Certificate of
Occupancy, the units may be utilized as rental units. At any time said Category 2 units
would be found to be out of compliance from the qualifications as specified in the
Guidelines, the units shall be marketed for resale through the lottery process. The
Applicant shall convey a I/10 of one (1) percent, undivided interest in the units to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building for the Category 2 units. Should these units be
sold prior to becoming rental units, APCHA shall sell the 1/]0 interest to the qualified
APCHA owner.
Section 15: Landscapine
The Applicant shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of--way landscaping and
irrigation. The plan shall also include a parkway landscaping strip adjacent to all abutting
public streets of at least five (5) feet in width. Appropriate street tree plantings are required
along all streets adjacent to the property and shall be spaced according to the
"' recommendation of the City of Aspen Parks Department.
Ordinance No. 29, Series 2007
Page 7
The Applicant shall meet with the Parks Department and the Community Development
Department prior to building permit submittal to determine the best way to screen the first
floor wall along the alley while meeting the intent of City Council. The Applicant shall
provide a number of options for the Pazks Department and the Community Development
Department to review. The option chosen shall be indicated in the building permit
application.
Section 16: Sidewalk, Curb, and Gutter
Existing sidewalk, curb, and gutter adjacent to the project shall be replaced and upgraded to
meet the City Engineer's design requirements. The sidewalk locations shall be in
substantially the same location as is depicted on the site plan in the subdivision application.
If the adjacent sidewalks aze to be snowmelted, the Applicant shall also snowmelt the curb
and gutter adjacent to the property.
Section 17: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
on both the new residential bedrooms and the commercial/office space to be added to the
subject properties pursuant to Land Use Code Section 26.610, Park Development Impact
Fees. The Park Development Impact Fees shall be calculated by the City of Aspen
Zoning Officer using the fee schedule in place at the time of building permit issuance.
Section 18: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 19: Exterior Liehtin¢
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit a detailed
lighting plan for project that addresses unique lighting installations for the mid-block
walkway. This shall be part of the Pre-Construction meeting requirement as outlined in
Section 7, above.
Section 20: Wildlife Trash Containers
The Applicant shall install aiddlife-proof trash container that meets the requirements of
the Environmental Health Department.
Section 21: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 22: Off-Street Parkins
Ordinance No. 29, Series 2007
Page 8
The Applicant shall provide twenty-three (23) sub-grade pazking spaces to be accessed from
the alleyway as approved by City Council. The affordable housing units shall each have one
(1) dedicated parking space in the below grade garage. The remaining spaces shall be for
"`"" use by the free-market units, and the commercial office space. At no time shall the parking
structure or spaces be condominiumized other than to delineate ownership of parking spaces
for the owners of the residential units and commercial/office space within the subject
building. The parking spaces shall not be used as a Commercial Parking Facility, as
defined in the Land Use Code, unless the Applicant is granted land use review approval
for a Commercial Parking Facility in accordance with applicable codes at the time of
application.
Section 23: Development Timing
The Applicant shall obtain a certificate of occupancy on all of the affordable housing units
prior to obtaining a certificate of occupancy on any other part of the building.
Section 24: Wienerstube Lease
At the time of recordation of this Ordinance, the Applicant shall submit a copy of a
signed ten (10) year. lease for the Wienerstube Restaurant. If at any time the Wienerstube
owners decide to terminate the lease for any reason before fulfilling the length of lease,
the Applicant shall replace the Wienerstube with a similaz restaurant that shall fulfill the
remainder of the lease.
Section 25: Affordable Commercial Snace
The Wienerstube restaurant is located along the Spring Street frontage of the building,
and is subject to a 10-year lease, outlined in Section 24, above. Excluding the
~-- Wienerstube space, there are 7,823 square feet of net leasable space on the first floor.
The Applicant shall restrict the rent on 2,046 square feet of this space to 50% of the
overall average per square foot cost of the remaining first floor space that does not
include the Wienerstube (4,796 square feet). These spaces would also be subject to the
following restrictions:
• The reduced rate spaces shall be separately demised from the spaces that front the
street and shall not be connected to the spaces that front the street;
The reduced rate spaces shall be accessed off of the alley or the mid-block
walkway;
• The reduced rate spaces shall be prohibited from being an Office Use or a Storage
Use, as defined in the Land Use Code;
• The retailer(s) in the reduced rate spaces shall not be the same as the retailer(s) in
the spaces that front the street;
The City of Aspen shall be party to the covenants for the reduced rate spaces, and
the City Attorney shall approve the covenants with respect to the affordability
provisions;
• The City of Aspen shall review and approve all leases in the reduced rate spaces
to ensure compliance with the covenants and the Ordinance; and
Ordinance No. 29, Series 2007
Page 9
• All leases for these reduced rent spaces shall include a whereas clause stating that
the City of Aspen has reviewed and approved the lease for compliance with the ,,,,,
covenants and Ordinance.
Section 26:
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 27:
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 28:
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.
Section 29: Vested Riehts ~,
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 28, Series of 2006, Planning and Zoning Commission Resolution
Number 20, 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
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article
68, Colorado Revised Statutes, pertaining to the following described properties:
307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and
Townsite of Aspen, by Ordinance No. 49, Series of 2006, of the Aspen City
Council.
Section 30•
A public hearing on the ordinance was held on the 9`s day of July, 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 ofAspen. -~~~
Ordinance No. 29, Series 2007
Page 10
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of July, 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:\cityUessica\Cases\Wienerstube\Council\Subdivision\Wienerstube Ordinance2.11.O8.doc
Ordinance No. 29, Series 2007
Page 11
Exhibit A, Subdivision
REVIEW CRITERIA & STAFF FINDINGS
,,,,,, Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
Al. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Finding
Staff finds the proposed subdivision is consistent with the Aspen Area Community Plan.
Outlined below is the subdivision's consistency with applicable individual goals in the
AACP.
Managing Growth
The community goals listed in the AACP for the Managing Growth section include:
• "Provide fora 'critical mass' of permanent local residents by providing a limited
number of affordable housing units within the Aspen Community Growth Boundary.'
The proposed subdivision will, allow for six (6) free-market units and twelve (12)
affordable housing units to be constructed and subdivided. The twelve (12) affordable
housing units will be deed restricted and provide housing for twenty seven (27) FTEs
within the Aspen Infill Area. Staff finds the subdivision meets this goal of the AACP.
"Contain development with the creation of the Aspen Community Growth Boundary... "
The proposed development and subdivision is within the Aspen Community Growth
Boundary. Staff finds the subdivision meets this goal of the AACP.
• "Foster awell-balanced community through integrated design that promotes economic
diversity, transit and pedestrian friendly lifestyles, and the mixing of people from
different backgrounds. " The subdivision and development creates spaces for free-market
and deed-restricted residences, and spaces for office and commercial uses. These uses
are integrated in two (2) adjacent buildings that are connected through a second and third
story passageway, and are mixed within the floors. The location of the development
fosters lifestyles conducive to transit and pedestrian use, as it is located within the Aspen
Infill Area, has access to the bus route, and is within one block of the Commercial Core.
The building will provide additional landscaping along the street facing fagades which
will provide a pedestrian friendly atmosphere for passersby, tenants, and residents. Staff
finds the subdivision meets this goal of the AACP.
"We should endeavor to bring the middle class back into our community. We should
discourage sprawl and recognize its cost to the character of our community, our open
spaces and our rural resources as well as the fiscal expenses associated with the physical
infrastructure of sprawl. " The Housing Guidelines maintain seven (7) Categories of
affordable housing; in furtherance of this AACP goal, the Code was written to require
affordable housing at the middle category level, namely Category 4. The proposal
provides a mix of Categories 2, 3, and 4 units. This mix will allow a more economically
diverse population to reside in town than is found in other redevelopment projects that
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 1 of 6
meet the minimum code requirements for Category 4 units. Staff finds the subdivision
meets this goal of the AACP. ,,~
Transportation
The community goals listed in the AACP for the Transportation section include:
• "Maintain and improve the appeal of bicycling and walking... by adding sidewalk
connections, replacing sidewalks, and requiring sidewalks as part of development
approvals, where appropriate... " The subdivision and development will include
sidewalk improvements along both Hyman Ave. and Spring St., creating a pedestrian and
bike friendly atmosphere. Further, the mid-block walkway adds an additional connection
and pedestrian amenity. Staff finds the subdivision meets this goal of the AACP.
• "Reduce the adverse impacts of automobiles on the Aspen area. " The development
includes underground pazking for tenants and residents of the building. The location of
the parking reduces the impact these cazs would otherwise have on the sunounding
community if they were required to pazk at street level. Each of the affordable housing
units will be assigned a parking space that will enable the residents to store their cars sub-
grade rather than utilizing limited on-street pazking opportunities. Staff finds the
subdivision meets this goal of the AACP.
• "New development should take place only in areas that are, or can be served by transit,
and only in compact, mixed-use patterns that are conducive to walking and bicycling. "
The proposed development is served by transit and is composed of compact mixed-uses
conducive to walking and bicycling. Staff finds the subdivision meets this goal of the
AACP.
The intent of the Transportation section states
• "The community seeks to provide a balanced, integrated transportation system for
residents, visitors, and commuters that reduced congestion and air pollution. Walking,
Bicycling and transit use is promoted to help us reach that goal. " The proposed
development and subdivision promote the use of transit and a pedestrian friendly
lifestyle. The development is located one block away from the Commercial Core zone
district, is located approximately four blocks from Ruby Park, and served by close transit
stops. The development will increase the overall pedestrian experience, as it will provide
landscaping improvements, and will improve the relationship to Hyman Ave. by
replacing an underutilized vacant lot with lazge store front windows that supply visual
interest and engage the pedestrian. Staff finds the subdivision meets the intent of the
Transportation section in the AACP.
Housing
The community goals listed in the AACP for the Housing section include:
• "Encourage development to occur within the Aspen Community Growth Boundary and
emphasize 'good city form'. " The proposed subdivision, with its twelve (12) affordable
housing units, is within a development located within the Aspen Growth Boundazy and
within the Aspen infill area. The development also promotes "good city form" through ,..,~
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 2 of 6
its improvements to the street facing fagades, which make the building more pedestrian
friendly, and through its consistency with the Commercial Design Standards. Staff finds
,,,~„ the subdivision meets this goal of the AACP.
• "The public and private sectors should work together to ensure success in providing
affordable housing. " And "Encourage greater participation by the private sector in
developing affordable housing. " The subdivision includes twelve (12) high-quality
affordable housing units, which will be deed-restricted and provide housing for twenty
seven (27) FTEs. The private sector is providing these units as part of the development
proposal. Staff finds the proposed subdivision meets these two AACP goals.
"New affordable housing projects should reinforce and enhance a healthy social balance
for our community and enhance the character and charm of Aspen. " The subdivision
will provide twelve (12) above-grade deed-restricted housing units in a number of
different categories. These units are in the same building as six (6) free-market housing
units. Staff finds the subdivision meets this goal of the AACP.
Economic Sustainability
The intent of the Economic Sustainability section includes:
"Maintain a healthy, vibrant and diversified year-round economy that supports the Aspen
area community... " The subdivision will include office and commercial uses that will
help promote and maintain Aspen's year-round community. There is a lack of significant
office space currently in Aspen, and this development and subdivision will help increase
the office base needed in the community. The placement of commercial spaces along the
,~ mid-block walkway and the alley are likely to provide opportunities for lower rent
commercial uses that enable locally owned and locally serving business a potential
incubator space. Further, the owner has agreed to retain the Wienerstube Restaurant
which serves tourists and locals alike for a period of at least ten (]0) years. The
subdivision will also include housing for twenty seven (27) FTEs who will live and work
within the community (as required by Housing Authority rules) and who will help
support a healthy, vibrant, and diversified year-round economy. Staff finds the
subdivision meets the intent of this section of the AACP.
• "Enhance the wealth-generating capacity of the local economy while minimizing the rate
at which cash flows through the local economy and limiting the expansion of the physical
size of the community. " The subdivision occurs within the Aspen Growth Boundary,
which will not increase the physical size of the community. The development will also
increase the local economy's wealth-generating capacity by providing commercial and
office spaces within the Aspen Infill Area. Staff finds the subdivision meets the intent of
this section of the AACP.
Parks Open Space & the Environment
• "Seek opportunities to discourage sprawl in order to preserve open spaces between
communities. Encourage Infill projects that integrate more housing into the existing
urban fabric." The development will provide a Park Development Impact Fee, and
includes streetscape improvements along Spring St. and Hyman Ave. This project will
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 3 of 6
integrate housing into the urban fabric by providing twelve (12) affordable housing units
and six (6) free-mazket residential units within the Aspen Infill Area. Staff finds the ,.~
subdivision meets this section of the AACP.
~.,w
Design Ouality
The intent of the Design Quality section includes:
• "Ensure the character of the built environment in Aspen is maintained through public
outreach and education about design quality, historical context, and the influence of
existing built and natural environments. " This AACP section does not relate well to the
subdivision itself, as it will divide the internal spaces into separate ownership interests.
The development itself meets this AACP section through its compliance with the
Commercial Design Standazds, its use of fenestration and facade articulation to break up
the building's mass, and the inclusion of a mid-block walkway that helps to break up the
development's bulk and creates a unique design solution to a large lot. Staff finds the
subdivision and development meet the goals and intent of this section of the AACP.
The community goals listed in the Design Quality section of the AACP includes:
• "Retain and encourage an eclectic mix of design styles to maintain and enhance the
special character to Aspen. " Again, this section relates more to the overall development
rather than the subdivision. The development itself represents a high quality design that
will work with and enhance Aspen's unique chazacter. The buildings mass is broken up
through facade fenestration and the use of different materials, which helps it relate to
Aspen's historic thirty (30) and sixty (60) foot lot widths. The facade is made of
different materials and colors that relate to those traditionally used in buildings in the ,,,.~~
commercial core, while also using materials and colors that relate to neighboring
buildings in the C-1 zone district. Staff finds the subdivision and development meet the ~*
goals and intent of this section of the AACP.
2. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Staff Findine
Staff finds that the uses proposed in the subdivision are consistent with the character of the
existing land uses in the immediate vicinity. The majority of the development in the
immediate vicinity consists of mixed-use or commercial/office buildings. The Hannah
Dustin building located across Spring Street from the proposed development is currently an
office building that has approval for the creation of several additional residential units. The
Patio building, which contains commercial and office space is located directly across E.
Hyman Avenue from the proposed development and the Victorian Squaze office building is
located directly to the west of the proposed development. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Findine
The subdivision of the building will not adversely affect the future development of the
surrounding areas, as the division of the building into sepazate ownership units will not
impact the development abilities in surrounding areas. The development itself will not pose '^^
Wienerstube Redevelopment ~""°
Subdivision Review Criteria, Exhibit A
Page 4 of 6
an adverse affect on surrounding areas. The surrounding properties aze close to fully
~.. developed, and the surrounding road and utility systems have the capacity to support this
development. Additionally, the development meets all the requirements of the C-1 zone
-~.r district. All park development, school land, and other impact fees will be paid at the time of
building permit issuance in order to mitigate for any other impacts from the development.
Therefore, Staff finds that the proposal will not adversely affect the future development of
the surrounding properties. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
Staff Finding
Staff finds that the proposed subdivision meets all requirements of the Land Use Code. Staff
finds this criterion to be met.
B. Suitability of Laud for Subdivision
n. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudJlow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
tlxat will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff finds that the properties are suitable for subdivision and development. There are no
known geologic hazards on the site and the Wienerstube property currently contains an
existing commercial building. The site contains no overly steep topography and no known
geologic hazards that may harm the health of any of the inhabitants of the proposed
development. Staff believes that there will not be a duplication or premature extension of
public facilities because the property to be subdivided is already served by adequate public
facilities. The Applicant has committed that the cost of any necessary utility extensions or
upgrades will be borne by the Applicant. Staff finds this criterion to be met.
C. Improvements. Tl:e improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
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.
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 5 of 6
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 Findine
The Applicant has consented in the application to meet the applicable required 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 Findine
Chapter 26.520, Replacement Housing Program, is not applicable for this subdivision. The
development includes new free-market residential units and provides more affordable
housing than is required by the Land Use Code. The application has been granted the growth
management allocations required for the proposed development. 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 Findine
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 instead of
providing land. The Applicant has consented to paying the applicable school land dedication
fee at the time of building permit issuance for development within the subdivision. Staff
finds this criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) Zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Findine
The application has requested and received the necessary growth management allocations for
the proposed development, pursuant to Planning and Zoning Resolutions 20, Series 2007 and
28, Series 2006.
~*,
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 6 of 6
~~ib~-b
r._~
.~~~
..
r r,
8 February 2008
Mayor and Members of the Aspen City Cour7cil
c/a Jessica Garrow, Long Range Planner
City of Aspen
130 S. Galena Street
Aspen, CO 5161 I
^rte: 633 Spring Street Subdivision Review-Aftordoble Commercial Proposal
Dear Mayor Ireland and Council Members:
I am writing on behalf of our clieril 633 Spring Street, LLC, owners of the
"Wienersiube" property, to provide information for the Aspen City Council
review for condominium subdivision at the continued public hearing
scheduled for 1 I February 2008.
The applicants have discussed incorporating a deed restricfian relative is
aftordab!e cammercial" at this properly. Providing a deed restriction
should serve to assure the Ciiy Council that the affordability of o portion of
the building will endure. I would emphasize That this is a benefit not
required in the land use cede, and is offered as a voluntary response to
Council's concerns regarding affordable commercial opportunities.
Having discussed this concept with you and Chris Bendan, and based on
your review of the proposal with the Gty Attorney, we believe that this is a
program which will address Council concerns. Here are the details:
• Excluding the Wienersiube, which is covered under a separate contract
to assure'ts presence in the new building, there are 7,823 s.f. of net
leasable commercial on the ground floor:
The applicants would permanently restrict the rent of 2,046 s.f. of ground
Hoar commercial to not exceed a net per square foot cost greaser than
50 0 of the overall average net per square foot cost of the remaining
4,796 s.f.
In other words. 26% of the first floor area (excluding the Wienersiube)
would be rented at one-hclf the averaye rental for the free market half;
The Wienersiube space, comprising 2,750 s.f., is covered under a
separate 10-year conircct to assure affordability,
• Overa!I, this means that 4.796 s.f. of net leasable commercial-or mare
than 45`o--would be rented at a reduced rate `.or the first fen years and,
after 10 years. 26% of the overall first floor area would remain
permanently restricted.
f
~ 1
~
~'
lvi5..'eSSICa varrON
° Febr! iary EPOS
:'age TWO
z
q
~
~
~
_ ~
This reduced rental rate would be guaranteed by a covenant to which the
City of Aspen would be a party. The applicants propose fo provide rental
rate information and verification upon the full leasing of the building and at
subsequent two-year intervals.
Additionally, City staff has requested and the applicants would agree to the
following provisions:
1. The reduced rate commercial spaces shall not be connected fo
spaces accessed from the street facades of the building. These
reduced rote spaces would be separately demised and accessed
either from the alley or from the inferior mid-block passage;
2. the reduced rate commercial spaces shall be prohibited from being
an Office or Storage Use, and the retailer in these rent controlled
spaces shall nat be the same retailer in the spaces that front on the
sheet;
3. the leases for these spaces shall Include a whereas clause chat
states that the City of Aspen has approved of the lease and has
found that it meets all requirements of the Ordinance and the
covenants;
4. The City of Aspen shall be party to the covenants, which shall be
approved by the City Attorney with respect to the affordability
provisions.
I believe that this approach to ensuring affordability will be relatively easy to
review as all the required dala can be within the applicant's ability to
provide. I understand that you will want to review this concept wish the City
Attorney prior to forwarding it on io Council. I look forward to responding fo
any questions chat may arise from the City Attorney review of this offer.
As part of this offer, and its associated costs and risks to the applicants. the
applicants would reduce the building parking io 23 spaces, which conforms
to the requirements of the land use code.
We hope that this voluntary additional offer will bring our hearing process to
favorable closure, recognizing the many benefits being provided by this
proposed new addition to the community, and the suitability of the project
for subdivision as required by the process before us.
Ve y urs,
St C o ICP, ASLA
STAN CLAUSON ASSOCIATES, INC.
~-~ I I ~~
-----Original Message-----
From: BinskiD@aol.com
To: dwayner@ci.aspen.co.us; jackj@ci.aspen.co.us; jacktarquin 1 @yahoo.com;
jed@ci.aspen.co.us; micki@ci.aspen.co.us; stevesk@ci.aspen.co.us
Sent: Mon, 1 1 Feb 2008 1:37 pm
Subject: Robin Daniele from L'Hostaria
To the Members of City Council,
I would like to express my anger at being represented by John Provine as approving his
project for the Wienerstube redevelopment on behalf of L'Hostaria. Yes, I signed his
petition, but in no way do I present the opinions of L'Hostaria or the owner, Tiziano
Gortan.
Personally I would like to retract my signature if possible, because I feel I was mislead and,
not fully informed as to the impact of the project. I had no idea the building would be so
much taller than any of the surrounding buildings and I would not like to see such a large
mass in Aspen -especially in front of my view of Aspen mountain from my place of work.
The fireworks are one of my favorite things to watch, and I'm sure I won't be able to see
them if the building is completed !) I do like the fact that there is employee housing, but
am not happy that there are no one bedrooms -the only thing I qualify for. I also find it
hard to believe that they would truly offer affordable rent for the commercial spaces. It
is something that would be wonderful for individual, local businesses, but most landlords
are more concerned with getting the most money regardless as to who is paying the
rent. This is something that I would like to see City Council address.
Thank you for listening to me!
Sincerely,
Robin Daniele
r~~
2~(-~~~
WIENERSTUBE DEVELOPMENT
Proposed Re-design Suggested by Neighbors
(Concerned Citizens for Responsible Development)
February 11, 2008
Suaaested revisions to reduce building height to 27'
- One floor of parking on first level of subgrade
-subgrade affordable commercial (as suggested by City Council)
- First floor affordable housing units with 8' ceiling heights
- First floor commercial with 12' ceilings
-Second floor affordable housing on alley-side with 8' ceilings
-Third floor free market with 8' to 9' ceilings
Achieves:
1. Maintains developers' goal for a combination of free market
units, affordable commercial space, affordable housing units,
subgrade parking and free market commercial space.
2. Reduced height of building to 27' which is in context with
neighboring buildings which range from 22' to 28'.
Suaaested design chances to reduce massing of overall buildina•
-Second floor to be set back 8' from the first floor, on Hyman Avenue
-Second floor proposed maximum height of 22' on Hyman Avenue
-Third floor to be set back 41 'from curb, on Hyman Avenue
Achieves:
1. Maintains developers' goal for a combination of free market units,
affordable commercial space, affordable housing units, subgrade
parking and free market commercial space.
2. Decreases overall mass of building.
3. Allows solar access to Hyman Avenue during winter and summer.
4. Overall mass is in context with neighboring buildings.
rW
r
m
H
Y I
a
J
Q
H
0
cc
W
Q
J
W
W
J
Z ~
a~
za
~~
N ~
~ N
ZV
4w
~o
w
~ N
Q ~
Z ~
0
w
w
Z ~ m
aU ~
Zp y
~ N
N C
W
0
O
W
Z
r
0
0
W
m
w
a
2
W
C
- ~^
N ~D
N ~
(~ ~
Z Z
0 O
J_ Y
W
7 m
CD Z
o a
a ~
a =
O ~ ~
S to
O ~ m w
> w~ w
w =~
m ~ U ~
~ ~ ~
a ~
Q Q LL
~ `~ Y
Z O <
Q ~ m
~ ~
O d ~
> a
1~ N
N N
. ~` ...
1
1
(7
Z
U
0
0
w
Y
Q
LL
U
a
o m
z °
a
~_
c~
z
0
_J
~ N
m M
O
a
W
m
0
w
z
w
Q
Z
2
Z
J
W
lV
U ~
Q
H
O
0
N
c~
U Z
z ? W W
U N
W U Q _
U p m
o do ~
m ~ __ U
Y
Q U d
I
r
w
J
J
a
`- N
Z
W
a
a
a
w
H
a
x
U
~~' 'Z~
ATTACHMENT?
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: V [ O 1~~-\yye.0.(,10W Sri ~ ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: p"~Ot\~Q~ T-L'Y7 ~ ~ ®~, 200
STATE OF COLORADO )
ss.
County of Pitkin )
I, ~4~^ P~t~ ~CO ('2 ~ (name, please print)
being or repres nting an Applicant to the City o Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing ojnotice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At (east fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (IS) days
prior to the public hearing on such amendments.
Signatur
The f oin "Affidavit of Noti "was aclcnowle ged b ore me this day
of , 200, by ~ ~ ~ ~~/Q~,l
PUBLIC NOTE
RE: ASPEN INSTITUTE TEMPORARY USE
PERMR
will
the tent Juna 22 to June 29, 2008 antl the
rtormaiion, contact Jessica Garrow at
isyan Community Development Be
130 5. Galena SL, Aspen; CO
9.2]80, (or by email
sRdichael Ireland Mayor
Aspen Ciry Councrl
PuM1llshetl in the Aspen Tlmas Weekly on January
2],2008.11085349) -
WITNESS MY HAND AND OFFICIAL SEAL
My commission
'~ ---
ATTACHMENTS:
COPYOF THE PUBL/CAT/ON
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
°~~
P P
MC
C' ~~''
.o
S
•
. O
~.
C :` NOTARY `•., ~
W y
ti
u'~`•., PU9~~0 '~p
-; ~; r'
.
,.
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
~~~
~tt~~
AFFIDAVTI' OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~/"`~ ~~ ~ (~ ~ ~ , Aspen~CjO
SCHEDULED PUBLIC HEARING DATE: ~ ~ , 200
STATE OF COLORADO
~ ss.
Count of'Pitkin )
I, Vr~ t/I (name, please print)
representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have
complt with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the
following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
`~ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22} inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted in a conspicuous place on
the subject property at least fift e~(15) d s prior to the public hearing and was
continuously visible from the day of G/ , 200 ~ , to and
including the date and time of the public he ing. A phot graph of the posted
/notice (sign) is attached hereto.
`' Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class, postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application, and, at least fifteen (15) days
prior to the public hearing, notice was hand delivered or mailed by first class
postage prepaid U.S. mail to any federal agency, state, county, municipal
government, school, service district or other governmental or quasi-governmental
agency that owns property within three hundred (300) feet of the property subject
to the development application. The names and addresses of property owners
shall be those on the current tax records of Pitkin County as they appeared no
more than sixty (60) days prior to the date of the public hearing. A copy of the
owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
this 0 day
b ,.' ~
WITNESS MY HAND AND OFFICIAL i
My commission expires: ~ ~
~~/~° ~'
Not' y Publie
~ r7 ~ ~o~~ ~~~ ~v
ATTACHMENTS:
COPY OF THE PUBLICATION
t"OGRAPH OF THE POSTED NOTICE (SIGN)
~•-J~
l~
~ ~6 ~/
JERS AND GOVERNMENTAL AGENCIES NOTICED
prior to the public hearing on suc
The foe ing "Affidavit of Notice" was
of ~ , 200 ~, by _
BYMAIL
~„1~
PUBLIC NOTICE 1 ~~
RE: ASPEN INSTITUTE TEMPORARY USE PERMIT
NOTICE IS HEREBY GIVEN that a public heazing will be held on Monday, February 11,
2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City
Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jim Curtis, on behalf of
The Aspen Institute, requesting a Temporary Use Permit to allow for the use of the Greenwald
Pavilion Tent from June 30 to August 20, 2008 and to allow for the set up of the tent June 22 to
June 29, 2008 & the take down of the tent from August 21 to August 28, 2008. The subject
property is located at 870 Meadows Road, Aspen, CO 81611. For further information, contact
Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO 970.429.2780, (or by email jessicag@ci.aspen.co.us).
s/MichaelIreland Mayor
Aspen City Council
Published in the Aspen Times on January 27 2006
City of Aspen Account
EXHIBIT 8
AMERY SALADIN ASPEN CENTER FOR PHYSICS ASPEN INSTITUTE INC
EBRAHIMI FRANCESCA 700 E GILLESPIE 1000 N THIRD ST
HOUSE B21 BURNSIDE, 9 S BAY RD ASPEN, CO 81611 ASPEN, CO 81611
HONG KONG CHINA,
CHRIST EPISCOPAL CHURCH CITY OF ASPEN COLLINS CHARLES 8 JANICE S
GO ANTHONY SCHEER 130 S GALENA ST PO BOX HH
PO BOX 2299 ASPEN, CO 81611 ASPEN, CO 81672
ASPEN, CO 81612-2299
DALENSON THEODORE & ISABELLA ELLI S GORSUCH 1.07% INT ELLIOTT ELYSE A
GO ALPINE VALLEY SERVICES 707 yy NORTH ST 610 NORTH ST
204 PARK AVE STE 1G ASPEN, CO 81611 ASPEN, CO 81671
BASALT, CO 81621
F430 LLC FALENDER STEVEN 8 DEBRA EARNER CHARLES F
51 WINDING BROOK DR 603 W GILLESPIE ST 817 FRANKLIN PL #200
SARATOGA SPGS, NY 12866 ASPEN, CO 81811 PELLA, IA 50219
FEEDER RICHARD 8 DEBORAH LN GILLESPIE HISTORIC PTNRS LlC GOLDSMITH BARBARA L TRUST
TRUST p0 BOX G 733 25TH ST
11498 E CAROL WAY ASPEN, CO 81612 SANTA MONICA, CA 90402-3143
SCOTTSDALE, AZ 85259-2620
GORSUCH MARIEL MATHESON 7.07%
GORSUCH BROOKS S 1.07% INT GORSUCH JEFFREY S 48.935% INi INT
707 W NORTH ST 85 GLEN GARRY DR 707 W NORTH ST
ASPEN, CO 81611 ASPEN; CO 81611-3355 ASPEN, CO 81611
KOLBE EMILY E
GORSUCH MOLLY M 48.935% INT KESSLER HOWARD GO HOOTENANNY LLC
707 W NORTH ST 1453 FLAT ROCK RD 205 S MILL ST #226
ASPEN, CO 81611 NORBERTH, PA 19072 ASPEN, CO 81611
LAUDER LEONARD A 8 EVELYN H LAUDER W ILLIAM 112 ET AL LEFEBER HOPE
1453 FLAT ROCK RD
2 E 67TH ST
NEW YORK NY 10021 767 5TH AVE 40TH FL
NEW YORK, NY 10153 NORBERTH, PA 19072
LUETKEMEYER JOHN A JR 8 SUZANNE MARCUS STEPHEN J MARKALUNAS JAMES J 8 RAMONA I
F 50% pp BOX 7709 624 W NORTH ST
1427 CLARKVIEW ROAD-STE 500 ASPEN, CO 81612 ASPEN,CO 81611
BALTIMORE, MD 21209
ODOM JOHN A JR TRUSTEE 50%
MUSGRAVE MARJORY M MUSIC ASSOCIATES OF ASPEN INC ODOM LORRIE FURMAN TRUSTEE 50°~
629 W NORTH ST 2 MUSIC SCHOOL RD 11490 W 38TH AVE
ASPEN, CO 81811 ASPEN, CO 81611-8500 WHEATRIDGE, CO 80033
PITKIN COUNTY SALTER JAMES 60°h SALTER KATHLEEN ANNE ELDREDGE
530 E MAIN ST #302 500 NORTH ST 40 /o
ASPEN, CO 81611 ASPEN, CO 81611 500 NORTH ST
ASPEN, CO 81611
SCHREIBER EUGENE H & STANFORD D
50°k
17 W PENNSYLVANIAAVE
TOWSON, MD 21204
SOLSTICE OWNERSHIP VI LLC
PO BOX 65
TIBURON, CA 94920
UHLFELDER NAOMI
PO BOX 1165
ASPEN, CO 61612
VANDERAA GILBERT T III WF CASTLE CREEK LLC WURTELE CHRISTOPHER C TRUST
C/O HOOTENANNY LLC p0 BOX 7444 895 ROARING FORK RD
205 S MILL ST #226 CARBONDALE, CO 81623 ASPEN, CO 81611
ASPEN, CO 81611