AGENDA ITEM SUMMARY

WORK SESSION DATE: June 13, 2016

AGENDA ITEM TITLE: A Resolution of the Board of County Commissioners approving the remodel and addition to the Courthouse Plaza Building at 530 E. Main Street, Aspen, Colorado.

STAFF RESPONSIBLE: Jon Peacock, County Manager

ISSUE STATEMENT: Time has been set aside at today’s meeting to consider a resolution approving the Courthouse Plaza remodel and addition, and respectfully overruling certain conditions placed on the project by the City of Aspen in Ordinance No. 10 Series of 2016.

BACKGROUND: Pitkin County is an administrative arm of the State and provides essential public services. Title 30 of Colorado Revised Statutes establishes Aspen as the County Seat, and requires certain County offices to be maintained in Aspen. Since 2006 the County has identified the challenge of inadequate facilities as a barrier to providing quality and essential public services. Areas of special concern include, but are not limited to: law enforcement; the Ninth Judicial District; Elections; public hearing and meeting spaces; community planning and building services, etc.

In 2006 the County engaged in two planning processes that set the stage for this project. First, in January of 2006 the County completed a comprehensive Facilities Master Plan that identified significant facility deficits for essential public services, and provided several alternatives for meeting then current and future facility needs. Alternatives included facilities located in the Aspen Core, and other options that suggested developing new facilities down valley outside of Aspen. Later in 2006 the County partnered with the City of Aspen and other non-profit entities to complete the Civic Master Plan which found in part that: “Removing civic functions from the downtown will tend to reduce the kind of community character that still makes the core of Aspen a vital and traditional downtown.” The Civic Master Plan called on the County to keep County offices in Aspen’s downtown core. As a result the Board directed staff to pursue facility alternatives that maintained existing County offices in Aspen’s downtown core.

In late 2007 the nation entered a major economic recession commonly known as the Great Recession. As a result the County deferred all major capital projects, including any further planning to meet facility needs. In 2014 the economy had recovered such that the County could again consider addressing facility deficiencies. At that time the Board confirmed the basic direction from 2006 that County Offices should be developed in Aspen’s downtown core, and added that new facilities should be developed within existing revenue streams (no new taxes). Finally, the board directed that any proposed project should limit development to what is minimally necessary to provide quality public services now and in the future.

Staff from all affected departments worked diligently to plan for space per the Board’s direction. Overall the proposed square footage for all departments to be located in the downtown core is 52% less than was originally proposed in the 2006 facilities master plan. The proposed project includes remodel of the existing Courthouse Plaza building and construction of an addition with approximately 24,000 square feet of office, meeting, and operating space and 8,000 square feet of underground parking. The remodel and addition will allow the Old Courthouse to be primarily used by the Ninth Judicial District (Courts, District Attorney, Probation, Victims Assistance, etc.), and will provide adequate space for current and future case loads. This will require the relocation of the Sheriff’s Department (29 employees), Assessor’s Office (11 employees), and Treasurer (4 employees) into the new addition. The Courthouse Plaza will also move Community Development from offices located in Aspen City Hall (18 employees) and Public Works (2 employees) to the Plaza building. Finally, 911 Dispatch is being relocated from the Jail to the North 40 Fire Station providing room for future needs of 911 Dispatch and the Jail.

In developing the proposed project the County did extensive public outreach. In addition to the efforts during the 2006 Facilities Master Plan and Civic Master Plan, starting in June 2015 the County gathered public input in multiple open houses (70+ participants) and electronically on PitkinConnect (over 600 views). There was also extensive outreach to inform the public of the project, including: over 100 radio spots run between June and December 2015; 32 half page four color ads in local papers; production of three videos posted on CGTV, YouTube, and the Pitkin County web site (over 674 web views). Finally, the proposed project was discussed at over 30 publically noticed and broadcast Commissioner meetings and was covered in over 20 newspaper articles in the Aspen Times and Aspen Daily news. The attached presentation further outlines what we heard from the public and how public input was incorporated into the proposed facility project.

The proposed remodel and addition to the Courthouse Plaza was submitted to the City of Aspen as a Major Public Project under Chapter 26.500 of the City Code and Colorado Revised Statute 31- 23-209, also known as Locations and Extent review process. This is the normal review process for public projects. The City of Aspen has used Locations and Extent for City projects in the County seven times between 2010 and 2015 (three in 2015, one in 2013, one in 2011 and two in 2010). The Locations and Extent review process ensures that public entities are able to build the infrastructure necessary to provide essential and quality public services. Under Colorado Revised Statutes the reviewing entity is allowed a specific period of time to review projects submitted by a public entity (30 days for projects submitted by a municipality, 60 days for projects submitted by a County). The submitting entity also has the ability to overrule a condition on a project, or a denial of a project, with a 2/3 vote of the governing body. The attached presentation and proposed resolution provides staff recommendations concerning recommended conditions in the City of Aspen’s Ordinance approving the Courthouse Plaza addition and remodel.

LINK TO STRATEGIC PLAN: Departments housed in the proposed facilities contribute to all Core Focus areas in the County’s strategic plan.

BUDGETARY IMPACT: The County will not be able to accommodate department facility needs if proposed conditions are met, requiring additional square footage to be developed at another location, likely increasing overall costs.

RECOMMENDED BOCC ACTION: Approve the attached resolution

ATTACHMENTS:

 Presentation: Pitkin County Sheriff and Administrative Facility  City of Aspen Ordinance No. 10, Series 2016  Resolution of the Board of County Commissioners approving the remodel and addition to the Courthouse Plaza Building at 530 E. Main Street Aspen; and respectfully rescinding certain conditions contained in City of Aspen Ordinance No. 10 Series of 2016. Pitkin County Sheriff and Administrative Facility Remodel and Addition to the Courthouse Plaza Building

PROVIDING VALUED AND HIGH QUALITY PUBLIC SERVICES SUPPORTING THE HEALTH, SAFETY, AND WELL-BEING OF PEOPLE AND THE NATURAL ENVIRONMENT. Presentation Outline

I. Overview of what the County is proposing and why we’re proposing to do it. II. Overview of the process to get to this point III. Architectural Review IV. Consideration of Council approval and proposed conditions. V. Conclusion Why This project? Why now? Why Aspen?

Since 2006 the County has identified the problem of inadequate facilities as a barrier to providing quality public services. Areas of special concern include, but are not limited to: ◦ Law enforcement ◦ Courts ◦ Elections ◦ Public hearing/meeting rooms. ◦ Community Planning and building services. ◦ Etc. Why Aspen? ◦ Legal requirement to keep certain offices in Aspen. ◦ Vision of Civic Master Plan adopted by City Council December 11, 2006. What’s proposed? Provide the Old Courthouse primarily for the use of the Ninth Judicial District (Courts, District Attorney, Probation, Victim’s Assistance). ◦ This will require the relocation of the Sheriff’s Department (29 employees), Assessor’s Office (11 employees), and Treasurer (4 employees). Move County Community Development from City Hall (18 employees) and Public Works (2 employees) to downtown Aspen County facilities . Relocate 911 Dispatch (16 employees) from the Jail to the North 40 Fire Station. Provides room for future needs of 911 Dispatch and Jail. Remodel the existing Courthouse Plaza and construct an addition to accommodate existing staff and services (project under discussion at this meeting). Public Process to this point… January 2006 Pitkin County Comprehensive Facility Master Plan December 2006 Civic Master Plan September 2014 Pitkin County Facilities Master Plan Update June 15 to Present – Public Outreach and Project Planning ◦ Between June and December 2015 over 100 radio spots talking about the facilities project. ◦ 32 half page four color ads in local papers ◦ Produced three videos posted on CGTV, YouTube, Pitkin County Web site (674+ web views). ◦ Input gathered at open houses (70+ participants) and on PitkinConnect (over 600 views). ◦ Proposed facilities project discussed at over 30 publically noticed and broadcast Commissioner meetings. ◦ Over 20 newspaper articles in Aspen Times and Aspen Daily. What we heard…

Architectural Considerations: ◦ 5.4% - Carry forward architecture from Old Courthouse. ◦ 81.3% - Bridge design styles between Old Courthouse and Courthouse Plaza. ◦ 10.4% - Make a new civic statement with unique architectural style that distinguishes the new building from the Old Courthouse and Courthouse Plaza building Energy Conservation: ◦ 5.4% - Meet minimum building code requirements. ◦ 83.8% - Include energy saving measures projected to pay for themselves over the useful life of the measure. ◦ 10.8% - Be a model to the Community and try for net zero or net positive regardless of cost. Priority of needs to be addressed: ◦ 33.8% Law Enforcement ◦ 24.3% Courts including hearing rooms, additional offices, jury rooms and security. ◦ 20.3% Better customer service spaces – Clerk, Assessor, Treasurer, etc. ◦ 16.2% Public meeting room ◦ 5.4% Reception area/lobby – Entrance to Pitkin County government What we heard…

Option 4 was the preferred option in open houses. Sample comments to improve Option 4 included: ◦ “Would like to see option 2 canopy added,” “Cover the walkway,” “missing canopy.” ◦ “Roof seems to be trying to hard to match the [old] Courthouse” ◦ “…to much like [old] Courthouse, needs more architectural distinction” We listened… …and we changed: ◦ The Roofline; ◦ windows and other architectural elements; ◦ And added canopy/cover over the walkway to the building entry.

3D Review of Project Other Considerations: Veteran’s Park The County considers this revered space to honor the service of our veterans. Consequently, the County views planning of this space as a separate project, and is working directly with veterans to plan the space. The Opportunity: ◦Preserve the sacred elements of the current space, and make improvements so it better serves veterans during both public gatherings and private remembrances. Other Considerations: Sustainability Goals/Carbon Use The County has set a goal to reduce energy usage by 70% per a sq./ft. from Courthouse Plaza building (40% more efficient than 2015 IBC will require). In April the County contracted with Sunsense Solar in partnership with CORE to analyze best opportunities for Solar PV on County properties. The most feasible options the County is now exploring are: ◦ 90 kW system at our Public Works site. ◦ 94 kW system at the Landfill MRF Facility. ◦ 500 kW solar array at the Landfill. City Council Approval & Conditions Section 1: Reduce the mass and scale of the north side of the building. Proposed Conditions ◦ Reduce the mass and scale of the north side of the building. Staff Response: ◦ The addition is proposed on a very constrained site, and is not proposed with high ceilings. The only option to accommodate this proposed condition is to reduce the square footage of the building or move massing underground. ◦ County Departments have worked very hard to reduce the proposed square footage. The proposed square footage is 52% less than proposed in the 2006 Facilities Master Plan and 30% less than programing done in 2014 facilities planning. Further reductions would negatively affect critical public services. ◦ The setback of the Courthouse Plaza addition from Main Street, Rio Grande and the Old Courthouse combined with the third floor step back address these concerns already. ◦ The building as proposed meets all the dimensional requirements established by the City in Ordinance No. 10 Series 2016

Staff Recommendation: ◦ The proposed resolution approves the Courthouse Plaza project as presented and respectfully overrules this recommended condition. City Council Approval & Conditions Section 1: Evaluate removal of northeast exterior stair from Old Courthouse. Proposed Conditions ◦ Prior to renovation of the Pitkin County Courthouse, the applicant shall return to HPC to evaluate the removal of the northeast exterior stair to create a larger separation between the Courthouse and proposed Plaza building addition. Staff Response: ◦ Staff agrees with exploring removal of the stair cover and stairway when the Old Courthouse is remodeled for the ninth judicial district. However the stairway may be required as a fire egress, though the cover may not be necessary. ◦ This is a separate project and approval process from the Plaza remodel and addition. Staff Recommendation: ◦ The Board should administratively direct staff to review the stairs and the stair covers when the Old Courthouse remodel is planned. However, as a separate project this should not be included as a condition of approval for the Courthouse Plaza remodel and addition. The proposed resolution respectfully overrules this recommended condition. City Council Approval & Conditions Section 1: Create a stronger architectural relationship to the existing buildings. Proposed Condition ◦ Create a stronger architectural relationship to the existing buildings. Staff Response: ◦ A super majority of participants in open houses (81.3%) wanted an option that bridged the design styles between the Old Courthouse and Courthouse Plaza buildings. ◦ During review of conceptual designs the public weighed in with a strong preference for the architectural style as proposed. ◦ The County has worked to create a building recognized as distinct from both the Old Courthouse and Courthouse Plaza while bridging the styles to create a ‘campus’ feel. Staff Recommendation: ◦ Based on public outreach and input staff recommends approving the Courthouse Plaza remodel and addition as submitted. The proposed resolution respectfully overrules this recommended condition. City Council Approval & Conditions Section 1: Reduce the amount of glazing on the curtain wall. Proposed Condition ◦ Reduce amount of glazing on the curtain wall. Staff Response: ◦ One of the core goals for this project is providing natural light for the public and employees in the building. The curtain wall glazing is critical to that goal. ◦ The glazing provides an architectural break between the addition and the Courthouse Plaza allowing for architectural distinction. ◦ The glazed curtain wall allows the brick and sandstone walls of the addition to be appropriately proportioned so the facility does not visually detract from the Old Courthouse. ◦ There was support for this architectural element in public outreach sessions.

Staff Recommendation: ◦ Based on public outreach and input the County staff recommends approving he Courthouse Plaza remodel and addition as submitted. The proposed resolution respectfully overrules this recommended condition. City Council Approval & Conditions Section 1: Remove corbel detail on the West side. Proposed Condition ◦ Eliminate the corbel detail on the west façade. Staff Response: ◦ Staff agrees, and the corbel detail has been removed on the west side. Staff recommendation: ◦ Staff agrees with this requirement, and the proposed resolution does not change this recommended condition. City Council Approval & Conditions Section 2: Employee Generation Proposed Condition ◦ A baseline of current Pitkin County employees – full – and part-time – will be provided to APCHA prior to building permit issuance. At least twice within 10 years after the Certificate of Occupancy is received on the new building employee audits will be conducted (preferably 5 years and 10 years after CO). If the audits show additional employees, mitigation shall be required. Mitigation can be satisfied by utilizing existing deed restricted units provided by the County (new or as buy-downs). Staff Response: ◦ This project consolidates existing positions in the downtown core, and will not drive additional position growth. Rather service demands will drive the addition of future employees. ◦ The County remains committed to increasing the availability of affordable housing through buy down of free market units and development of affordable units for the community and County workforce. Staff recommendation: ◦ Staff agrees with this requirement, and the proposed resolution does not change this recommended condition. City Council Approval & Conditions Section 3: Engineering Department

Proposed Conditions ◦ Drainage – If greater than 25% of the site is disturbed, Water Quality Capture Volume (WQCV) will be required for the whole site. At a minimum, WQCV will be required for the disturbed area. ◦ The applicant shall provide an updated Traffic Impact Analysis (TIA) at building permit submission acceptable to the Engineering and Transportation Departments. Including a report in the TIA that summarizes traffic impact mitigation. Staff Response: ◦ Staff agrees with Drainage conditions. ◦ Regarding the traffic impacts, his project consolidates existing positions in the downtown core, and will not drive additional position growth or traffic impacts. ◦ The County remains committed to working with the City of Aspen on traffic and congestion solutions. Currently the County provides free bus passes for all employees, and encourages carpooling by providing vans for multiple employees to commute to and from work, and support WeCycle. County staff supports completing a Traffic Impact Analysis to identify opportunities to further reduce traffic impacts. However, staff does not support extending a planning approval into the building permit process. Staff recommendation: ◦ Staff agrees with the drainage condition, and the proposed resolution does not change this requirement. The proposed resolution respectfully overrules the requirement to submit a Traffic Impact Analysis acceptable to the City’s Engineering Department prior to building permit. City Council Approval & Conditions Section 4: Parks Department

Proposed Conditions ◦ The large cottonwood in the City ROW must be protected. ◦ The applicant must submit a tree removal permit. There are a number of large diameter cottonwood tress that will be permitted for removal and mitigation will be charged for those trees. ◦ Any trees that may be impacted by changes to Veterans Park will require another review by the parks department. Staff Response: ◦ Staff agrees that removal of healthy trees from the existing Veterans Park should be subject to mitigation fees. ◦ Staff is committed to working with Veterans to redesign Veterans Park and suggests reserving the ability to remove trees as necessary to complete construction of the required civic space. Staff also supports continuing to work with the Parks Department to preserve and or mitigate the removal of healthy trees. Staff recommendation: ◦ Staff recommends respectfully overruling this condition to maintain maximum flexibility to work with veterans in the design of Veterans Park. City Council Approval & Conditions Section 5: Environmental Health Department

Proposed Conditions ◦ The “service yard” shall be labeled as space dedicated to the storage for trash, recycling and compost. ◦ The proposed “service yard” space is slightly below size requirements, but will be considered acceptable if the applicant fully encloses the space from wildlife. The space shall be enclosed in such a way as to prevent wildlife access and shield the waste containers from public view. Staff Response: ◦ Staff agrees with both conditions. Staff recommendation: ◦ Staff agrees with the recommended conditions of the Environmental Health Department. The proposed resolution does not change these conditions. City Council Approval & Conditions Sections 6, 7, 8 and 9: General Provisions

Proposed Conditions ◦ These sections contain standard language for the approval of a land use project. Staff Response: ◦ There are no conditions of concern to staff in these sections. Staff recommendation: ◦ The proposed resolution does not recommend any changes to these sections of the ordinance. Conclusion

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING THE REMODEL AND ADDITION TO THE COURTHOUSE PLAZA BUILDING AT 530 E. MAIN STREET ASPEN; AND RESPECTFULLY OVERRULING CERTAIN CONDITIONS CONTAINED IN CITY OF ASPEN ORDINANCE NO. 10, SERIES OF 2016.

RESOLUTION NO. ______-2016

WHEREAS, Pitkin County, under Article XIV of the Colorado Constitution and Title 30 of Colorado Revised Statute, is a subdivision of State Government charged with providing essential public services; and

WHEREAS, in order to discharge its responsibilities to provide essential public services the County must have adequate facilities to house the various departments and offices of the County and Ninth Judicial District; and

WHEREAS, Title 30 of Colorado Revised Statute establishes Aspen as the County Seat for Pitkin County; and

WHEREAS, Title 30 of Colorado Revised Statute requires certain County offices to be located in the County Seat; and

WHEREAS, in 2006 the County completed a Facilities Master Plan that identified significant deficiencies in County Facilities to support the provision of quality public services to ensure the safety, wellbeing and health of Pitkin County residents and visitors; and

WHEREAS, Pitkin County partnered with the City of Aspen and other non-profit entities to complete the Aspen Civic Master Plan, which found in part that: “Removing civic functions from the downtown will tend to reduce the kind of community character that still makes the core of Aspen a vital and traditional downtown...”; and

WHEREAS, in 2006 the Board directed staff to explore alternatives to meet the County’s facility needs in Aspen’s Core consistent with the County Facility Master Plan, and Aspen Civic Master Plan; and

WHEREAS, in 2007 the County, along with the State and Nation experienced a significant economic recession commonly known as the ‘Great Recession’ that led the County to defer all major capital projects, including all facilities improvements; and

WHEREAS, in 2014 the local economy had recovered sufficiently for the County to address its facility needs; and

WHEREAS, County staff and elected officials did extensive public outreach and collected public input to develop a proposed building design, including, but not limited to open houses, discussing the project at over 30 publicly noticed meetings, and informed the public through television, Internet, radio and newspaper ads; and WHEREAS, County Staff and Elected Officials have worked very hard to minimize the size and massing of the building, reducing the proposed square footage by 52% from the 2006 Facilities Master Plan, and keeping floor to ceiling heights modest while still meeting the facility needs of essential public services; and

WHEREAS, the proposed addition to the Courthouse Plaza building meets all the Dimensional Requirements approved in Exhibit A of Aspen City Council Ordinance No. 10 (Series 2016); and

WHEREAS, the Board of Commissioners has determined that proposed facilities are necessary to provide essential public services to ensure the health, safety and wellbeing of Pitkin County residents and visitors; and

WHEREAS, on March 18, 2016 Pitkin County submitted an application for remodel and construction of an addition to the Courthouse Plaza Building located at 530 East Main Street Aspen to house departments providing essential public services for location, character, and extent of compliance with adopted relevant master plan; and

WHEREAS, the proposed remodel and addition was reviewed under City of Aspen’s Land use Code Chapter 26.500 as a major public project; and

WHEREAS, Colorado Revised Statute 31-23-209 allows the Board of Commissioners by a recorded vote of 2/3 of the commissioners to overrule a denial or condition placed by the City on the submitted plan for public building or structure; and

WHEREAS, on May 9th, 2016 the Aspen City Council unanimously approved Ordinance No.10 (Series of 2016) granting major public project review approval for the Courthouse Plaza with certain conditions that the Board finds are not in the best interest of providing essential public services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that:

The Board does hereby approve the Courthouse Plaza remodel and addition as submitted to the City of Aspen, and heard at Public Hearing on May 9, 2016. Specifically this resolution respectfully overrules the disapproval of the submitted plan for public building or structure and particularly the following portions of ORDINANCE NO. 10 (SERIES OF 2016): AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC PROJECT REVIEW APPROVAL FOR THE COURTHOUSE PLAZA LOCATED AT 530 E MAIN STREET, LEGALLY DESCRIBED AS LOT 1, PITKIN COUNTY CENTER SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO:

1. Section 1: Approvals, recommended conditions to: a. Reduce the mass and scale of the north side of the building. b. Prior to the renovation of the Pitkin County Courthouse, the applicant shall return to HPC to evaluate the removal of the northeast exterior stair to create a larger separation between the Courthouse and proposed Plaza building addition. c. Create a stronger architectural relationship to the adjacent buildings. d. Reduce the amount of glazing on the curtain wall portion of the Main Street façade to be compatible with design guidelines. 2. Section 3: Engineering Department condition requiring a Traffic Impact Analysis (TIA) at building permit submission acceptable to the Engineering and Transportation Departments. 3. Section 4: Parks Department the County reserves the right to remove trees in the area known as Veteran’s Park as necessary to implement the landscaping plan developed with Veteran’s and to construct necessary public facilities.

INTRODUCED, READ AND ADOPTED ON THE ______DAY OF ______2016.

ATTEST: BOARD OF COUNTY COMMISSIONERS

By ______By: ______Jeanette Jones Rachel E. Richards, Chair Deputy County Clerk Date: ______

APPROVED AS TO FORM: MANAGER APPROVAL

______John Ely, County Attorney Jon Peacock, County Manager