HomeMy WebLinkAboutagenda.council.worksession.20130423
CITY COUNCIL WORK SESSION
April 23, 2013
4:00 PM, City Council Chambers
MEETING AGENDA
I. Board Interviews
II. Small Lodge Incentives
III. SCI Zone Changes
IV. Transportation & Development Process Improvement Update - Informational Only
V. Cozy Point Improvements
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MEMORANDUM
TO: Mayor and City Council
FROM: Scott Miller, Capital Asset Director
Jessica Garrow, Long Range Planner
Tricia Aragon, City Engineer
THRU: Steve Barwick, City Manager
RE: Small Lodge Incentives
DATE: April 18, 2013
MEETING DATE: April 23, 2013
________________________________________________________________
SUMMARY AND REQUEST OF CITY COUNCIL
City Council has expressed an interest in preserving the small, moderately priced bed
base in Aspen, also known as “small lodges”. Staff proposes a package of incentives to
help these lodges remain in business as small lodges instead of redeveloping into some
other use, which will reduce this bed base. Also proposed is a definition of “small lodge”
to be used in offering these incentives.
PREVIOUS COUNCIL ACTION
One of Council’s Top Ten Goals for 2012-2013 commissions a lodging study to look at
the lodging base in Aspen. Council has discussed in several meetings the importance of
preserving a wide range of lodging price points and amenities to make the Aspen
experience available to as many customers as possible.
BACKGROUND
Over the last year, the owners of one of these lodges, The Hotel Durant, have proposed
several levels of redevelopment of their property. The owners have expressed frustration
that remodeling their building has led to the requirement that they must also provide
improvements in the Right of Way adjacent to their building, such as concrete curb and
gutter, sidewalks, drainage improvements, etc. They have further stated that at some point
these increased requirements become a disincentive to redevelopment in the current use
and an incentive to redevelop the property in a use that would be more beneficial to the
owner.
DISCUSSION
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The City Engineer and Capital Asset Director studied this permit application and the
required Right of Way improvements and would like to discuss with Council the
possibility of offering to relieve this applicant of certain requirements. We would also
propose to offer these incentives to a certain number of other small lodges. Proposed
incentives would be:
• Relief from the obligation to make any Right of Way improvements as required in
Chapter 21 of the city’s land use code.
• Waivers of some or all permit fees for the proposed redevelopment.
• Provision of certain licensed parking spaces in the Right of Way adjacent to the
lodge property, to replace any spaces lost due to redevelopment.
In return, we propose that the property owner be required to sign an agreement requiring
the property owner to reimburse the city for the cost of these incentives if the property is
sold or use of the property changed in any way.
These incentives would be offered to lodges that fit the following criteria:
• Less than 60 units in size.
• Priced at the Economy or Moderate price points, as defined in the August 2012
Lodging Study commissioned by the City of Aspen Community Development
Department.
FINANCIAL IMPACT
For this particular development, the cost to the city would be about $75,000. The cost for
other lodges within the proposed definition would be to be determined as each lodge
redevelops.
ENVIRONMENTAL IMPACT
Re-use of these properties vs. demolition and redevelopment has many benefits to the
environment.
ALTERNATIVES
Council may decide not to pursue this program of incentives.
ATTACHMENTS
Attachment A: 2012 Lodging Study
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MEMORANDUM
TO: Mayor and City Council
FROM: Chris Bendon, Community Development Director
Sara Nadolny, Planning Technician
Jim Pomeroy, Code Enforcement Officer
MEETING DATE: Tuesday, April 23, 4:00 pm Council Chambers
RE: Service Commercial Industrial (SCI) zone district
REQUEST OF COUNCIL: No action is requested at this time. Staff will present the initial
public feedback from the community regarding changes to the Service Commercial Industrial
zone district and will request City Council provide direction. Staff will return to City Council
during a regular public hearing for any formal action needed.
A brief history of the SCI district is attached as Exhibit A. A summary of recent business
requests for SCI spaces is attached as Exhibit B. Maps of the five SCI parcels are attached as
Exhibit C. Zoning text for the SCI zone and the Neighborhood Commercial (NC) zone are
attached as Exhibit D
Staff invited property and business owners to a few open houses and to tonight’s work session.
By the time of the work session, staff will have held two open houses with interested parties and
a check-in with the Planning and Zoning Commission. Staff can update Council regarding
feedback during the work session.
This memo outlines the main topics to be covered during the work session with specific
questions for Council in bold italics at the end of each major topic. The attached history of SCI
should address background questions, but staff will begin by answering any questions regarding
the history or current administration of the district.
How – Should we Re-Write or Rezone?
The list of allowed business types in SCI is somewhat arcane. Specific business types are cited
reflecting the status or desire of the zone at the time of the latest re-write. The process of stating
every imaginable use to be allowed in a zone (and invariably missing something) was common
zoning practice in Aspen for a long time.
Starting in 2005, all commercial zones in Aspen (other than SCI) began utilizing generalized use
definitions – retail/restaurant uses, office uses, service uses, etc. These generalized uses allow a
broad set of business types with a ‘plus anything that is similar’ type use to accommodate
business ideas that have not yet emerged.
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The zone most similar to SCI with regard to uses and dimensions is the Neighborhood
Commercial zone (NC). The NC zone uses the generalized use zoning approach and it has
proven to be far more accommodating to business trends than the SCI district. NC zoned areas
include City Market, properties surrounding City Market and north to Main Street, and properties
north of the Jerome Professional Building including the majority of the Clark’s Market building.
Over the years, the SCI district has been reviewed in a use-by-use style. In each case, it has been
lengthy, taking roughly a year, and has resulted in a new set of highly tailored uses. The
resulting product has been responsive to the immediate needs of the community, allowing
Council to hone-in on exactly the “right” uses. But, the uses quickly become dated and
unresponsive to businesses that were not contemplated. Use-by-use reviews occurred in 2000,
2005, 2008 and 2010 – about twice as often as updates to other zones.
Staff Comments: Staff supports a wholesale update and/or simply rezoning these properties to
the NC zone. A use-by-use review of the zone will be time consuming and will likely result in
prohibiting the next unforeseen use.
Question – Should the City do a use-by-use review of the zone? Or, a wholesale update?
Question – If a wholesale update is preferred, is the NC zone appropriate? (please consider
both uses and dimensions.)
Free-market residences are permitted in SCI today and were an important element to the
Obermeyer Place redevelopment. The City has been concerned about residential uses ‘out-
competing’ commercial uses. To that end, the city mandates certain minimum commercial to
residential ratios. The presence of high-end residential within a project may still have a
“chilling” effect on the types of commercial operations restricted through covenants or leasing
practices.
Staff Comments: Staff is comfortable with residential uses if properties remain predominantly
commercial. Staff is concerned about the effect high-end residences can have on businesses.
Question – Should free-market residential uses be allowed? Be allowed with a minimum
commercial ratio? Not allowed at all?
When – Amend Zoning Now or with a Redevelopment Application?
Many redevelopment applications include a request to rezone the property. This gives the City
more ‘leverage’ in reviewing a proposal. However, redevelopment may be delayed for many
years or not come about at all, maintaining the current situation and possibly not serving the
needs of the community.
Staff Comments – Staff suggests pursuing a zoning update now. The changes may affect the
likelihood of redevelopment on some properties, but these properties are underutilized. The
current limitations on businesses are considerable and staff believes the community would be
best served by relaxing the use limitations. The City has plenty of authority over the look and
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feel of redevelopment and updating the zoning will not diminish the City’s role in reviewing
potential applications.
Question – Should the City update the zoning for these properties now? Or, should the City
wait for specific proposals?
Where – Should a zoning update affect all SCI Parcels?
Permitting NC uses in Obermeyer Place would not spur redevelopment. The project is new and
the spaces are individually owned. Relaxing use limitations, however, would permit a greater
variety of businesses to locate in Obermeyer. Likewise, relaxing the uses allowed in the
basement of the Clark’s building would have a negligible impact on redevelopment options.
Permitting NC uses in the Mill Street properties along the river would not drastically change the
types of businesses allowed. These building are mostly professional offices already and
significant redevelopment constraints exist, due to proximity to the river. Opportunities for free-
market residences are likely the primary financially motivating factor for a redevelopment of
these properties.
Permitting NC uses in the Puppy Smith properties would enhance the redevelopment potential.
These properties do have expansion capability and the existing buildings have functional issues.
The properties have been cited previously by the city as capable of an “Obermeyer-style”
redevelopment. Opportunities for free-market residential development would provide
redevelopment motivation.
Relaxing the allowed uses may increase the potential to ‘displace’ desired uses. Increasing the
range of businesses could provide upward pressure on lease rates, possibly affecting marginal
businesses. However, the extent of vacancy, the location of these properties, and the condition
of some of the properties may curb upward lease pressures.
The City-owned “BMC parcel” is also zoned SCI. Allowing a broader range of uses will not
affect the likelihood of redevelopment. The property was purchased specifically for
redevelopment, but many other factors affect the future of this property.
Staff Comments: Staff suggests updating all of the SCI properties. Rezoning Obermeyer Place
has the least chance to incur redevelopment or ‘displace’ current tenants. Rezoning the Clark’s
property and the Mill Street (river side) properties also should not be expected to change the
redevelopment potential. Rezoning of the Puppy Smith properties could make redevelopment
more likely, although a redevelopment of these properties has been contemplated for the past 10
years and the City has significant authority over redevelopment.
Question – Should the updates affect all SCI properties? Or, just some of the properties?
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NEXT STEPS: This work session is intended for City Council to provide staff with guidance
on updating the SCI zone. If that direction is provided, staff will return to Council during a
regular meeting with a draft resolution stating such direction. Upon adoption of the resolution,
staff will begin drafting an ordinance containing proposed code amendments and/or properties to
be rezoned. Both the resolution and the ordinance can only be considered during a public
hearing. No dates have been set. Hearing dates should be expected in the summer or early fall.
Information and updates can be accessed on the City’s web site under Long-Range Planning.
[Under City departments, go to Community Development, Planning, Long-Range Planning.]
Prior to ordinance hearings, staff will again send notice to property owners and hand-distribute
notice to business owners. As always, staff can be contacted at 920-5090 or by email at
chris.bendon@cityofaspen.com
ATTACHMENTS:
Exhibit A – SCI Zone History
Exhibit B – Recent Requests in SCI
Exhibit C – Maps of the Five SCI Areas of Aspen
Exhibit D – SCI and NC Zone Texts
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SCI History -- Page 1
Exhibit A
SCI Zone History
The SCI Zone District:1975 – Present
The following is intended as a brief history of the City of Aspen’s planning efforts with regard to
service commercial and industrial/light industrial uses. Some of the themes and patterns with
regard to the history of this issue may be helpful as the City considers potential code changes to
the Service/Commercial/Industrial (SCI) Zone District.
In 1970, service commercial businesses, building materials supplies and industrial uses of
various kinds were spread out throughout the City – the future Aspen Airport Business Center
was only just being considered for approval by Pitkin County Commissioners. Gas stations, auto
repair, electrical contractors, TV and appliance stores and building materials stores were located
throughout downtown.
A greater concentration of industrial uses was located north of Main Street, ranging from auto
parts supply, a trucking company, Sport Obermeyer’s manufacturing warehouse, plumbing
contractors, motorcycle sales and repair and a concrete mixing firm – to name a few.
At the time, the City was operating under the 1966 Master Plan, which essentially supported the
expansion of Aspen as resort, encouraging resort uses in the downtown and the base of the
mountain. Industrial uses were to be located on what is now the eastern half of Rio Grande Park.
The first attempts to set aside specific land areas for service commercial and industrial/light
industrial uses occurred in the early 1970s – the new zone district encompassed land where the
SCI Zone District is today. Code language proposed in 1971 and 1972 allowed uses that would
generate “unusual traffic hazard, noise, dust, fumes, odors, smoke … ” through a conditional use
review. Both times, Council rejected the proposal.
Non-Polluting SCI
The subject was revived in 1973 as part of The Aspen Land Use Plan, which included a series of
policy statements -- similar to today’s Aspen Area Community Plan.
The service commercial and industrial initiative was not a central aspect of the 1973 plan, and
wasn’t mentioned under the “Policy” section. But under “Land Use Categories,” the document
addressed the need for light industrial and service commercial uses while minimizing impacts.
“Neighborhood Commercial and Limited Industrial: … Those areas where limited industrial use
is indicated shall provide for non-polluting light industrial and service commercial needs of the
community.” (Emphasis added)
By 1975, the 25-acre AABC was well on its way to being the favored location for service
commercial and industrial/light industrial uses. More than 30 businesses were already operating
there in 1975.
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SCI History -- Page 2
In 1975, City Council approved Ordinance No. 11, establishing a new set of zone districts,
including Service/Commercial/Industrial (SCI) – located in two small pockets north of Main
Street, where they are today. The new district abided by the “non-polluting” language of The
Aspen Land Use Plan, simply prohibiting any “unusual traffic hazard, noise, dust, fumes …”
At the same time, the two pockets of SCI were relatively small – about two acres at what is
Obermeyer Place today (SCI East), and about 1 acre at Puppy Smith and N. Mill (SCI West). In
large part, the list of permitted uses for the City’s new SCI district reflected the uses that were
there at the time.
Table I: Establishing the Service/Commercial/Industrial Zone District
Service/
Commercial/
Industrial
Zone District: 1975
Permitted Uses
• Vehicle sales
• Equipment rental, storage + repair
• Gas service station
• Car wash
• Plumbing shop
• Electrical shop
• Building supply
• Dry cleaning plant
• Laundry
• Fabrication/repair of building materials
• Lumber yard
• Manufacture/repair of sporting goods
• Printing and publishing plants
• Warehouse/storage
• Shop craft industry
Early Changes
It didn’t take long to expand the underlying concept of service commercial and light industrial
uses – by 1980, Council had added “Artist’s studio with accessory dwelling unit” as a permitted
use, along with commercial bakery – and added martial arts as a conditional use, along with
photography studio. They also made it harder to open a gas station, switching such a use from
permitted to conditional.
The 1980s marked the beginning of an influx of architects, after local architect Harry Teague
convinced the City Council that he qualified as an artist who produced artistic models, etc. Thus
the added definition of “artists studio” ultimately resulted in architectural offices.
In 1988, the City Council responded to the digital age by adding computer product sales and
service as a permitted use in SCI. Although about 10 such businesses were operating in the
downtown area at that time, it would be almost 20 years before computer-related firms located in
SCI, at the newly constructed Obermeyer Place.
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SCI History -- Page 3
Also in 1988, Council added the manufacture and repair of electronic equipment, and
telecommunications supply, effectively acknowledging that several such businesses had located
there in the 1980s.
In 1993, the first Aspen Area Community Plan had plenty to say on the subject of locally-owned
and local-serving uses – but the emphasis was on local shopping opportunities and affordable
office space. At that time, it appeared the SCI Zone District was a secondary concern. The only
specific mention of SCI came in one of the 1993 AACP Action Items, which called for a revision
of the NC and SCI districts to “ensure only locally-serving uses.”
This Action Item was not implemented, probably because no working definition of “local-
serving” was established. But by the end of the decade, the community’s focus turned again to
the SCI Zone District, and a major overhaul of SCI uses was approved by Council in July 2000.
The 2000 Amendments
One underlying change in 2000 reflected a pattern for the SCI district: An ongoing tug of war
over retail uses in the district. In the 1980s & ‘90s, a number of businesses were selling
merchandise ranging from TVs to bicycles and telephones – even hot tubs.
In July 2000, Council prohibited most SCI businesses from using more than 25% of their floor
area for “retail sales, office, showroom or customer reception.” Council also eliminated
“computer product sales” and “telecommunications supply” as permitted uses, and made “the
sale of electronic equipment” a conditional use.
At the same time, Council expanded the list of permitted uses and conditional uses. In some
cases, the expanded list acknowledged uses that had already moved in, such as furniture repair
and animal grooming. By allowing “Design Studio” as a permitted use, Council acknowledged
the influx of about five architectural firms during the past decade.
In other cases – such as coffee roasting, breweries, fabric supply and motorcycle parts – Council
sought to accommodate and encourage new uses that had never previously materialized.
Perhaps acknowledging the difficulty of establishing a list of specific uses that were both
appropriate to the district and anticipated changes in the marketplace, the Council approved a
new measure of flexibility for SCI: The Community Development Director was given the
authority for the first time to permit uses that were “considered appropriate.”
Table II: New SCI Uses, Circa July 2000
New Permitted Use New Conditional Use
Sale of motorcycle parts
Fabric and sewing supply
Locksmith
Animal grooming
Building maintenance facility
Manufacture, repair of furniture
Appliance sales
Furniture sales
Clothing sales
Sporting goods
Coffee roasting and supply
Brewery and brewing supply
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SCI History -- Page 4
Manufacture, repair of clothing
Design Studio
Tattoo parlor
Animal boarding
Consignment sales
Council also decided in 2000 that some SCI uses should be able to use 100% of their floor area
for sales, office and showroom, such as building materials and equipment, a hardware store, the
sale of auto and motorcycle parts, fabric and sewing supply, and consignment stores.
Council also showed where its preferences lay by shifting some permitted uses to conditional
uses, and some conditional uses to permitted uses.
Table III: Reassigning SCI Uses, Circa July 2000
Was Conditional Use;
Now a Permitted Use
Was Permitted Use;
Now Conditional Use
Dance Studio
Martial Arts Studio
(No public performance)
Vehicle sales
Car wash
Commercial dry cleaning
Appliance rental
Sale of electronic equipment
(Previously termed ‘telecommunications
supply; computer product sales’)
The overhaul of the SCI Zone District in July 2000 was largely a self-contained effort – it was
not driven by the adoption of the 2000 AACP in February of that year.
The 2000 AACP Action Plan carried over several items from the 1993 version, including the
revision of the NC and SCI zones to ensure only locally-serving uses, and to zone “undeveloped
commercially zoned land” for NC and SCI uses.
Although neither of these initiatives were carried forward in a significant manner, the 2000
AACP called for an Economic Sustainability Committee, which issued its report in 2002. Action
Items relevant to the SCI district were:
• Retain and expand through infill SCI facilities wherever possible to help counter
downvalley economic leakage, and provide needed goods and services to Aspen residents
and visitors.
Obermeyer Place
Regarding the future of SCI in Aspen, perhaps the most significant long range planning
document came a year later, when the Civic Master Plan: Phase One Report was released in May
2001. The report acknowledged that “limited lease rates expected for SCI space” made
“significant redevelopment by the private sector unlikely,” and suggested exploring
“redevelopment potential under various partnership arrangements between adjacent landowners
and the City of Aspen.”
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SCI History -- Page 5
When Klaus Obermeyer became aware of this suggestion, he entered into a public-private
partnership with the City that has since become Obermeyer Place – a project that revitalized
about 38,000 square feet of SCI space.
As Obermeyer Place was constructed, the City Council adopted another examination of uses in
the SCI Zone District, largely focused on shifting a dozen different uses from conditional to
permitted – and adding four new permitted uses. At the same time, Council limited the
continuing expansion of architectural and related uses by establishing a cap of 9,000 square feet
on Design Studios for the SCI Zone District.
Table IV: Reassigning + Adding SCI Uses, Circa March 2005
Was A Conditional Use;
Now A Permitted Use
New Permitted Use
Appliance sales and rental
Auto and motorcycle sales
Photo processing lab
Car wash
Catalogue sales store
Laundromat
Commercial dry cleaning
Veterinary clinic
Animal boarding facility
Brewery and brewing supply
Coffee roasting and supply
Florist
Landscape maintenance facility
Copy center
Shipping and receiving services
Again, the code changes included some uses that didn’t exist there at the time, and others that
acknowledged existing uses. For example, there had been no auto or motorcycle sales in the SCI
district for more than 20 years. On the other hand, moped use in town was increasing.
So far, no coffee supply, veterinarians or car washes are located in the district – while “florist”
and “landscape maintenance facility” acknowledged existing businesses. (The florist has since
relocated to the AABC.)
In December 2006, City Council approved the Civic Master Plan as a regulatory document –
meaning future land use applications must show “consistency” with the recommendations in the
plan. The Civic Master Plan identified “SCI East” (Puppy Smith/N. Mill) as a site where future
redevelopment should be modeled on the Obermeyer Place redevelopment.
2008 Amendments
In May 2008, City Council adopted a number of code changes for the SCI Zone District,
including:
• Permitting bicycle rental/sale, which had occurred for many years;
• Permitting rental of river-related recreational items;
• “Catching up with the times” by eliminating “catalogue sales store” and adding “Internet
auction consignment outlet” as a permitted use;
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SCI History -- Page 6
• Limiting on-site consumption of beer/ale consumption at breweries.
The Council also limited the “Design Studio” use to the Andrews-McFarlin Subdivision, which
is the strip of SCI land right next to the Roaring Fork River. The intent was to limit this office-
type use to an area next to the river where architect’s offices have tended to locate over the years,
and where more industrial uses typically do not choose to locate due to a lack of parking, on-
loading/off-loading and proximity to the river.
In response to community concerns that Primary Care Physicians were being squeezed out of the
downtown area due to high rents, the Council changed the code to allow a limited (3,500 sq. ft.)
amount of this use at Obermeyer Place. Code changes also created incentives to build space for
this use on upper floors in the future, but only if a minimum of .75:1 FAR of other SCI space is
provided. This change was made in anticipation of redevelopment at the Puppy Smith SCI site.
Code changes were also made to allow a limited amount (.25:1 FAR) of Free Market Multi-
Family Housing, only if a significant amount of SCI space is built (.75:1 FAR). This change was
made in anticipation of redevelopment at the Puppy Smith SCI site. The size of free market units
was limited to 2,000 square feet, considerably less than what was allowed at Obermeyer Place,
with the ability to buy one (1) TDR to raise the limit to 2,500 sq. ft.
At the same time, there were concerns that in some cases, the physical location of commercial
and residential uses at Obermeyer Place had limited the commercial sector’s ability to operate in
an optimal way. The Council adopted a conditional use standard that requires residential and
commercial uses to be “substantially removed and physically separated from Commercial Uses
on the same parcel, to the extent practicable, so as to isolate residential uses from commercial
impacts and to adequately provide for on-loading, off-loading, circulation and parking for
commercial uses.”
Finally, Council removed “Artist’s Studio with ancillary residence on Upper Floors” as a
conditional use due to staff concerns that 1) It is difficult to define “artists,” and 2) If someone
did, this allowance could provided for an “artist” to build a free-market residential unit.
This had not occurred yet, but it was a concern. Further, Council adopted a new definition of
“Artist’s Studio” that defines the use as “”light industrial,” such as carver, potter, etc.
SCI Today
Reviewing the history of the allowed uses, there seems to be a few themes that emerge. The
strongest theme seems to be a desire to maintain certain types of threatened business that would
otherwise be pushed to the Airport Business Center or downvalley – a commercial refugee camp
of sorts. Another theme seems to be one of trying to attract businesses that would not come
otherwise – an ‘if we zone it they will come’ approach.
Staff experience, especially over the past 10 years, is that the list of permitted uses is confusing
and antiquated. Commercial leasing agents cannot rely on a set of clearly defined uses, and find
themselves reviewing each prospective business with planning staff. The allowed uses are so
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SCI History -- Page 7
idiosyncratic that planning staff are reluctant to provide answers without a staff-wide discussion
and clearance from the Director.
Staff has also noticed that vacancy rates have been noticeably higher than in other areas and
property owners struggle to rent SCI spaces. When it comes to the SCI district, staff (and City
Council) are often asked ‘why are you being so restrictive?’
A strong theme has also been one of accommodation – changing the allowed uses in response to
the actual needs of actual businesses. For example, medical offices are not allowed in SCI –
however, a medical office which provides pediatrics, family care, internal medicine, or
obstetrics-gynecology services, and which is not more than 3,500 square feet, and which accepts
Medicare or Medicaid patients, and which is located in the Obermeyer development is permitted.
The immediate pressure is met with an immediate (and highly specific) fix. This adds to the
already perplexing set of very precise uses.
The SCI zoning requires staff to examine the details of every new business or modification of an
existing business. For example, a few years ago an artist was looking to open photography
studio. Staff initially considered the use to be an artist studio, an allowed use. However, upon
examination of the business plan the majority of activity involved portraiture. An artist studio
prohibits the reception of the public and retail sales. The business was determined to be a service
use, and not allowed.
More recently a design studio, an allowed use in only certain buildings within SCI, wanted to
sublet a small space (~200 square feet) to a contractor to prepare building material mock-ups for
client review. This is typical of a design studio where an architect or interior designer may
review materials, finishes, computer renderings, etc. with a client. However, a design studio
must be primarily devoted to these activities whereas this activity is not typically the primary
focus of a contractor. Staff was able to approve the sublet when it was realized that the
contractor’s main office is downvalley and this space would indeed be primarily for the design
and representation of built form for client review.
A review of uses in the SCI Zone District since 1970 show a clear trend away from
industrial/light industrial uses, and toward more office-type uses, specifically in the area of
design. The door was first inched open by adding “Artist’s Studio,” and then burst open when
architecture was interpreted to fall under that use. More recently the use was expanded to permit
design studios, permitting a broader set of professions. However, the difference between a
design studio and other professional offices can appear like hair-splitting at times.
The experience with Obermeyer is generally positive but perhaps about 10-20 years too late.
Several of the businesses that were temporarily relocated during construction to the Airport
Business Center found they liked their alternate location better, found it easier to access, easier to
retain employees, easier for their clients, etc. Some found that the market for their
product/service was so marginal that closing shop was the best outcome.
The spaces within Obermeyer zoned Neighborhood Commercial have done well. These spaces
house professional offices – Obermeyer Asset, Studio B Architects, Michael Sailor Insurance.
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SCI History -- Page 8
The SCI spaces have done okay, but not great – the Aspen Glass Company, Paragon, the Ski
Service Center, Barking Beauties. However, there are SCI spaces in Obermeyer that have had no
or minimal occupancy since the project was completed in 2005.
The two Mill Street buildings along the river have enjoyed stable occupancy. Other than the
Lighting Studio, these building house professional offices that fit within the design studio
moniker. Both buildings have physical and logistical challenges. They were constructed for
different uses than they currently support. Redevelopment of these buildings would be
complicated by river setback, access, and coordination between multiple owners.
The two Puppy Smith buildings have marginal occupancy. The buildings are older and
conditions likely represent a barrier to leasing. Roughly 15% of the space is currently vacant. In
speaking with the leasing agent, many of the occupied spaces are at substantially reduced lease
rates, housing Lift Up and the Jewish Center for example. These two buildings have been
identified as likely redevelopment candidates
There are spaces in the Puppy Smith buildings that have not housed a traditional SCI use in
decades. The current location of the Jewish Community Center, for example, has not contained a
traditional SCI use since the mid 1970s.
The basement of the Clark’s Market building is zoned SCI. Leases have been stable. The
hardware store has been a long-term tenant while a few small spaces have seen turnover.
Perhaps the only certainty in the SCI Zone District is that the uses permitted there are not those
in highest demand. There is pressure on this limited zone district to expand to a wider variety of
uses or to stretch currently definitions through interpretation. The nuanced and limited set of
permitted uses has proven to be difficult for commercial brokers, planning staff, and prospective
tenants. This market pressure, however, is also a useful insight into the needs in the community
and how this area could better serve those requests.
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Exhibit B
Recent Requests in SCI
The planning department initiated a service position to provide assistance to those who need answers
on planning-related issues in the City between the hours of 9am-12pm and 1pm – 3:30 pm, every week
day. This is a rotating position that is filled by a different member of the planning staff daily. In 2008
the department began tracking the questions received during these hours. Below is a breakdown by
category of the requests that are commonly asked regarding the Service Commercial Industrial (SCI)
zone district. These are requests that have been denied by the planning department due to their
incompatibility with Section 26.710.160 of the Land Use Code.
1. Marijuana-related requests. A common request is for medical marijuana dispensaries that are
looking to locate in this zone district. One such request involved becoming a joint tenant within
the Aspen Laundry. Another request was for the cultivating of hydroponic “plants” and
“flowers” in this zone district.
2. Office-related requests. Another very common request is to allow offices in the SCI zone
district. These requests have ranged from a law office, property management/rental, insurance,
and event production company offices. More general commercial office type requests are
found throughout the request tracker spreadsheet.
3. Medical-related. Requests within this category have included psychotherapist and dental
offices. Medical offices are allowed in Obermeyer Place, however these are limited to Primary
Care Physician’s offices only, are limited to upper floors, and capped at 3,500 sq. ft.
4. Interior Design & Architecture. These requests can be difficult to permit or deny without a
great deal of staff discussion. The Andrews-McFarlin Subdivision is the one space within the SCI
zone district that allows design studios. Therefore staff cannot approve the majority of these
requests.
5. General Retail & Related Services. Common requests are for those looking to locate their
commercial retail businesses in the SCI zone district. Permitted uses within this zone district can
be extremely specific and limiting. Due to the extent of retail activity, staff could not approve
requests for a frame/framing shop, office supplies store, home consignment, and solar voltaic
sales.
6. Other. Lastly, there are always a number of requests that staff receives which are found to be
inconsistent with the SCI zone district. These include security systems, web design/IT, taxi
business, child learning center, yoga studio and a distillery with a restaurant component. Also, a
significant number of individuals have requested to use SCI spaces for personal storage of items,
files, and vehicles. While storage is an allowed use, this is intended to allow for storage
businesses, and not simply for personal storage.
P29
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P35III.
City of Aspen Land Use Code
Part 700, SCI zone
Page 1
Exhibit D
SCI and NC Zone Texts
26.710.160 Service/Commercial/Industrial (S/C/I).
A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is to
preserve and enhance locally-serving, primarily non-retail small business areas to ensure a
more balanced permanent community; to protect the few remaining such small business parks
historically used primarily for light industrial uses, manufacturing, repair, storage and
servicing of consumer goods, with limited retail, showroom, or customer reception areas. The
SCI zone district contains uses that may not be appropriate in other zone districts or do not
require or generate high customer traffic volumes, and permits customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have, in
combination, a limited percent of the floor area, as noted below, devoted to retail sales,
showroom, or customer reception, and such uses shall be ancillary to the primary commercial
use. This floor area percentage may be increased through Special Review by the Planning
and Zoning Commission, pursuant to Section 26.430.050, and according to the standards of
Section 26.710.160(E)1.
1. SCI Uses which may use up to 100% of the floor area for retail sales, showroom, or
customer reception include the manufacturing, repair, customizing, servicing,
detailing, sales, and rental of consumer goods such as:
a. Building materials, components, hardware, fixtures, interior finishes and
equipment.
b. Household appliances such as ranges, refrigerators, dishwashers, etc.
c. Automobiles and motorcycles, Motor-driven cycles, and Motorized bicycles,
including parts.
d. Non-motorized vehicles such as bicycles and river-related recreational items, for
rental or in combination with a service use related to guiding or touring.
e. Fabric and sewing supply.
2. SCI Uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, showroom, or customer reception including the manufacturing, repair,
alteration, tailoring, and servicing of consumer goods such as, electronic equipment;
floral arrangements; furniture; clothing; or sporting goods:
a. Typesetting and printing, including copy center.
b. Photo processing laboratory.
c. Locksmith.
d. Post Office branch.
e. Shipping and receiving services.
f. Internet auction consignment outlet
P36
III.
City of Aspen Land Use Code
Part 700, SCI zone
Page 2
g. Laundromat.
h. Commercial dry cleaning.
i. Recycling center.
j. Artist studio.
k. Veterinary clinic.
l. Animal boarding facility.
m. Animal grooming establishment.
n. Brewery and brewing supply, with on-site alcoholic beverage consumption limited
to the hours of noon to 9 pm Mondays through Saturdays and noon through 6 pm
on Sundays and limited to six samples of six ounces, or four samples of six ounces
and one sample of 16 ounces, per person, per day; this consumption limitation to
be suspended for wholesale buyers.
o. Coffee roasting and supply
p. Commercial Kitchen or Bakery.
q. Design Studio, limited to the Andrews-McFarlin Subdivision.
3. SCI Uses which may use, in combination, up to 10% of the floor area for accessory
retail sales, showroom, or customer reception:
a. Building/landscape maintenance facility.
b. Automobile washing facility.
c. Warehousing and storage.
4. Primary Care Physician’s Office Uses permitted:
a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b).
b. Limited to a cap of 3,500 square feet at the Obermeyer Place PUD, upon execution
of an Insubstantial PUD Amendment.
5. Permitted Accessory Uses:
a. Service yard accessory to a permitted use.
b. Sales and rental accessory and incidental to a permitted use.
c. Accessory buildings and uses.
d. Home occupations.
e. Offices, accessory to a permitted or conditional use, not to exceed 10% of a
commercial unit.
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established in
Chapter 26.425.050 Procedures for Review, and the standards established in Section
26.710.160(F).
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III.
City of Aspen Land Use Code
Part 700, SCI zone
Page 3
Under Section 26.710.160(C)1-3, the Commission shall establish the appropriate amount of
floor area to be devoted to retail sales, showroom, or customer reception for each conditional
use during the review, pursuant to the review standards of Section 26.710.160 (F)1.
Under Section 26.710.160(C)4-5, the Commission shall review the site plan to determine
compliance pursuant to the review standards of Section 26.710.160(F)2-3, and establish
conditions of approval as needed.
1. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free Market Multi-Family Housing on Upper Floors
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district:
1. Minimum Gross Lot Area (square feet): 3,000
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060.
8. Maximum height: 35 feet.
9. Minimum distance between buildings on the lot (feet): No Requirement.
10. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is
subject to compliance with applicable design standards, view plane requirements,
public amenity requirements and other dimensional standards. Accordingly, the
maximum FAR is not an entitlement and is not achievable in all situations.
a. Commercial Uses: 1.5:1.
b. Primary Care Physician’s Office uses: .25:1 FAR, only if a minimum of .75:1
FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same
parcel.
c. Affordable Multi-Family Housing: .5:1.
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III.
City of Aspen Land Use Code
Part 700, SCI zone
Page 4
d. Free-Market Multi-Family Housing: .25:1, only if a minimum of .75:1 FAR of
Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same parcel.
e. Free-Market Multi-Family Housing: .5:1, only if a minimum of .75:1 FAR of
Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same parcel, and
a minimum of .25:1 FAR of Primary Care Physician’s Office Uses exist on the
same parcel.
12. Maximum multi-family residential dwelling unit size (square feet): 2,000 sq. ft. of net
livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing Historic Transferable Development Right Certificates (“certificate”
or “certificates”), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
extinguished.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430.050, and shall
be approved, approved with conditions, or denied based on conformance with the following
criteria:
1. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness
for such additional space and shall demonstrate consistency with the purpose of the
SCI Zone District. The additional approved percentage for a specific use shall be
limited to that use and not applicable to subsequent uses in the same space.
F. Conditional Use Review Standards.
1. To establish the allowable percentage of interior space assigned to retail, showroom,
or customer reception area, the applicant shall demonstrate the need and
appropriateness for the space and shall demonstrate consistency with the purpose of
the SCI Zone District. The approved percentage for a specific use shall be limited to
that use and not applicable to subsequent uses in the same space.
2. Applicant must demonstrate that the affordable housing and/or free market housing is
substantially removed and physically separated from Commercial Uses on the same
parcel, to the extent practicable, so as to isolate residential uses from commercial
P39
III.
City of Aspen Land Use Code
Part 700, SCI zone
Page 5
impacts and to adequately provide for on-loading, off-loading, circulation and parking
for commercial uses.
3. Applicant must implement a prohibition on the cross-ownership of free market
residential units and commercial space, to be reviewed and accepted by the City
Attorney.
(Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4)
P40
III.
City of Aspen Land Use Code
Part 700, NC zone
Page 1
26.710.170 Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to
provide for the establishment of mixed-use buildings with commercial uses serving the daily
or frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and
parking problems, to provide opportunities for affordable and free-market residential density,
to support vacation rentals of residential dwelling units, and to provide a transition between
the commercial core and surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) Zone District:
1. Uses allowed on upper floors: lodging, affordable multi-family housing, free-market
multi-family housing, home occupations and vacation rentals.
2. Uses allowed on all building levels: retail and restaurant uses, neighborhood
commercial uses, service uses, office uses, arts, cultural and civic uses, public uses,
recreational uses, academic uses, child care center, bed and breakfast, accessory uses
and structures, uses and building elements necessary and incidental to uses on other
floors, including parking accessory to a permitted use, storage accessory to a permitted
use, farmers' market, provided that a vending agreement is obtained pursuant to
Subsection 15.04.350(b).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Lodging, affordable multi-family housing, free-market multi-family housing or home
occupations on the ground floor.
2. Commercial parking facility, pursuant to Chapter 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to
all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District:
1. Minimum Gross Lot Area (square feet): No requirement.
2. Minimum Net Lot Area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): five (5).
5. Minimum side yard setback (feet): five (5).
6. Minimum rear yard setback (feet): five (5).
7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060.
8. Maximum height: twenty-eight (28) feet, which may be increased to thirty-two (32)
feet through commercial design review. See Chapter 26.412.
P41
III.
City of Aspen Land Use Code
Part 700, NC zone
Page 2
9. Minimum distance between buildings on the lot (feet): No requirement.
10. Public amenity space: Pursuant to Section 26.575.030.
11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject
to compliance with applicable design standards, view plane requirements, public
amenity requirements and other dimensional standards. Accordingly, the maximum
FAR is not an entitlement and is not achievable in all situations.
a. Commercial uses: 1:1.
b. Lodging, arts, cultural and civic uses, public uses, recreational uses, academic
uses, child care center and similar uses: 1:1.
c. Affordable multi-family housing: .5:1.
d. Free-market multi-family housing: .25:1, which may be increased to .5:1 if
affordable housing floor area equal to 100% of the free-market residential floor
area is developed on the same parcel.
12. Maximum multi-family residential dwelling size (square feet): one thousand five
hundred (1,500) square feet of net livable area.
a. The property owner may increase individual multi-family unit size by
extinguishing historic transferable development right certificates ("certificate" or
"certificates"), subject to the following:
1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is
purchased.
2) The additional square footage accrued may be applied to multiple units.
However, the maximum individual unit size attainable by transferring
development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500
additional square feet may be applied per unit).
3) This incentive applies only to individual unit size. Transferring development
rights does not allow an increase in the Floor Area Ratio (FAR) of the lot.
Commentary: Refer to Chapter 26.535 for the procedures for extinguishing
certificates.
13. Commercial/residential ratio: The total free-market residential net livable area shall
be no greater than the total floor area associated with the uses described in
Subparagraphs 26.710.170.D.11.a and b combined on the same parcel.
(Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007;
Ord. No. 27-2010, §4; Ord. NO. 34-2011, §15)
P42
III.
Page 1 of 4
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Jessica Garrow, Long Range Planner
Trish Aragon, PE, City Engineer
Lynn Rumbaugh, Transportation Manager
Jannette Whitcomb, Environmental Health Program Coordinator
RE: Transportation & Development Process Improvement Update
____________________________________________________________________________
REQUEST OF COUNCIL: No Council action is required at this time. This is an
informational memo to provide Council with an update on the City’s Transportation &
Development Process Improvement. The project is focused on creating a fair, equitable, and
clear process related to understanding and mitigation transportation impacts associated with
development. No presentation or discussion is scheduled at this time. Staff is available to
answer any questions Council members may have about the project. Please contact any of the
staff listed above if you have questions.
PROJECT BACKGROUND: This project was one of the top priorities identified by City
Council as part of implementation of the AACP. City Council was interested in ensuring fairness
and consistency in the development process, particularly as it relates to transportation impacts.
Determining a development’s share of mitigation is currently done on a case-by-case basis,
starting with meetings of the City’s Development Review Committee which reviews applications
and informally discusses impacts and possible mitigation strategies. Because there is no set of
clear guidelines regarding potential mitigation methods, the applicant often relies on the
Transportation and Engineering Departments to provide a mitigation strategy for the review
process. Currently, a mix of mitigation options is worked out between the applicant, staff, the
P&Z and City Council. There are no clear standards that indicate when a traffic study is required
and what information it should include. Likewise, there are no set standards for the types of
improvements that mitigate transportation impacts. While the city has requested studies for
PUDs and SPAs, there is no consistent scope of work for such studies, and the Land Use Code
does not provide clear direction that a non-PUD/SPA project in the downtown is required to
provide such information.
In December, City Council approved a contract with consultant team Fehr & Peers to examine
the existing system and update it to be clearer, fairer, and easier to manage and understand. City
Council asked staff and the consultant to study the impacts development has on our
transportation system, and look to create a system to mitigate those impacts. In addition,
Council expressed interest in creating a reliable, defensible system that results in actual
improvements, not simply charging an additional fee on development.
PROJECT OVERVIEW: The purpose of this project is to create a standardized system for
development to mitigate its transportation and air quality impacts, including determining an
P43
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Page 2 of 4
appropriate “trigger point” for development to mitigate these impacts, determining when a
development should provide a traffic study, outlining the parameters for an effective traffic
study, and creating a system to ensure proper Transportation Demand Management (TDM) and
Quality of Service techniques are implemented.
The project includes five steps that result in standardizing the development review process by:
1. Establishing a trigger point for the requirement of traffic impact studies;
2. Developing standardized parameters for traffic impact studies;
3. Creating a trip generation model specific to Aspen’s land uses and development pattern;
4. Creating a menu of Transportation Demand Management (TDM) mitigation options
coupled with a scoring system; and
5. Creating a menu of Multi-Modal Quality of Service and Level of Service (MMLOS)
mitigation options coupled with a scoring system.
At the end of the project, the City will be in a position to adopt code amendments that identify
the trigger point for development to conduct a traffic study, outline the required elements of a
traffic study, and adopt a mitigation menu and scoring tool for TDM and MMLOS. Project
completion is anticipated in mid-to-late summer, following the completion of summer traffic
counts.
PROJECT UPDATE: Progress has been made on each aspect of this project. The key findings
are outlined below. It is important to note that Single-family and Duplex development is
currently exempt from any physical transportation related requirement, and will remain exempt
under any new system.
INTERVIEWS WITH LOCAL LAND USE PROFESSIONALS/DEVELOPERS: Part of the data gathering
that Fehr & Peers is conducting are interviews with land owners and planners who have recently
been in the development review process. The goal is to hear what’s working and what’s not
working with the current system. These interviews are still taking place, but the initial feedback
is that a set of clear, written standards outlining what’s required related to transportation
mitigation would be a significant improvement. They feel the current process is unpredictable,
so a set of written requirements will help a land owner know what is expected of them from the
outset rather than in the middle of the process as sometimes happens today.
ASPEN SPECIFIC TRAFFIC STUDY: In February, a three day traffic counting study was conducted
throughout town and was based on Aspen’s different land uses – commercial, lodging, affordable
housing, free-market housing, and essential public facilities. Nine (9) different locations were
part of the traffic counts, representing all the land uses. This traffic study was a key first step in
the process to ensure that any system the City creates is based on Aspen-specific traffic numbers,
not national or international standards that may not be relevant.
The study found that, with the exception of the affordable housing and essential public facility
uses, the initial local traffic counts did vary from the industry standard ITE (Institute of
Transportation Engineers) generation numbers. Some of the larger differences from the ITE
generation numbers included 53% higher AM peak trips for one lodge site and 74% lower AM
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Page 3 of 4
peak trips for one commercial site. Staff is working with the consultant to schedule a summer
traffic counting study to ensure any new program or mitigation requirements are based on a
complete and accurate data set. Any requirements for mitigation will be based off of the Aspen-
specific numbers. In addition, the consultant is training staff on how to conduct counts in the
future, so the numbers can more easily be updated on an annual or bi-annual basis as needed.
PROJECT FRAMEWORK: One of the City’s longstanding goals is maintaining traffic levels at the
Castle Creek Bridge at 1993 levels. This informs many of the City’s transportation projects and
goals, and was reiterated in the 2012 Aspen Area Community Plan. The Primary Transportation
Goal in the AACP is “Continue to limit Average Annual Daily Trips (AADT) to 1993 levels at
the Castle Creek Bridge, and strive to reduce peak-hour vehicle trips to below 1993 levels.”
This project supports this goal by creating a system that ensures new trips and new impacts
created by development are mitigated. Mitigation will be achieved through Transportation
Demand Measures (TDM) and by establishing a Transportation Level of Service (LOS) and
Multi Modal Level of Service (MMLOS).
Transportation Demand Management (TDM) refers to programs or services that maximize the
use of alternative transportation, including buses, carpools, biking, walking, and carshare modes.
TDM techniques include programs such as compressed workweeks and telework, as well as
outreach and education programs. Built alternatives such as Park and Rides, bike lanes, and bike
racks that encourage alternative modes of transportation are also an important element of TDM
programs. Finally, economic incentives and disincentives are part of the TDM tool-box,
including things like parking cash-out programs where an employee trades the right to free
parking at their workplace for a cash payment from the employer.
Level of Service (LOS) is a measurement that determines the effectiveness of transportation
infrastructure. LOS A would refer to an area has free-flow of traffic with almost no traffic. LOS
F would refer to an area where the flow of traffic is backed up and frequent slowing occurs.
Typical Level of Service figures only takes vehicle drivers into account. In recent years, Level
of Service has expanded to include multiple modes, called Multi-Modal Level of Service
(MMLOS). MMLOS takes all mode types – auto, bicycle, transit, walking - into account. Staff
is proposing to use both traditional LOS and the newer MMLOS as the basis for mitigating
project impacts.
LAND USE TRIGGERS FOR TRAFFIC IMPACT STUDIES: An important aspect of this project is
establishing the framework for which projects are exempt from the requirements and which need
to mitigate their transportation impacts. Staff is working with the consultant team to refine the
triggers, but the existing Land Use Code as well as the Aspen-specific traffic counts are being
used as a basis. The current direction is to create a tiered system of requirements that would be
broken down as: exempt development, minor development, and major development. More work
is needed to establish the exact triggers, but the general direction of the work is outlined below.
Currently the Land Use Code exempts many minor developments from Growth Management
Reviews, including adding 250 sq ft or less of commercial space, adding a single residential unit,
or adding 2 lodge units to a project. At this time, staff is proposing these developments be
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exempt from any new transportation requirements, as they are not subject to any other Land Use
Review requirements today and the initial traffic counts indicate these relatively small
expansions do not have a significant impact on the transportation system.
At this time, staff does not have specific triggers for minor and major developments, as more
research is needed to establish the precise thresholds. The initial direction is that minor
development would not be required to conduct any traffic studies, but would use the Aspen-
specific generation numbers to determine how many new trips are generated and need to be
mitigated. Then they would use a TDM and MMLOS “mitigation menu” of various
infrastructure, programmatic or operational improvements to mitigate those trips. Examples of
menu items include bike rack installation, carshare memberships, bus pass provision, etc. Major
developments would be required to conduct a Traffic Impact Study that examines the LOS and
MMLOS impacts on the surrounding area and mitigate for those impacts using the TDM and
MMLOS “mitigation menu.” The larger and more impactful the development, the more menu
items would be required.
The final work product from the consultant will outline the Land Use Triggers, Transportation
Impact Study requirements, and the TDM and MMLOS mitigation menu. The goal is that these
are clear, easy to use, and reduce the amount of “process” a project needs to go through when
they apply for redevelopment.
MMLOS TRIGGERS: It is possible that MMLOS will have additional or different triggers
because MMLOS focuses on ensuring alternative modes of transportation operate at a level that
does not impact transit, bikes, pedestrians, etc. For instance, a project that changes an access
point but does not expand square footage could have a significant impact (positive or negative)
on pedestrian safety. Staff believes it is important to ensure the triggers capture these types of
infrastructure changes as part of the MMLOS program.
NEXT STEPS: Staff and the consultant will meet with City Council in a work session near the
end of the project to review specific aspects of the triggers, Transportation Impact Study
requirements, and the TDM and MMLOS mitigation menu. Once Council is comfortable with
the direction, staff will return with code amendments to incorporate the system into the Land Use
Code. If Council has any questions about this project, please contact one of the staff members
listed as the beginning of this memo.
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1
MEMORANDUM
DATE: April 16, 2013
TO: Mayor and Council
THRU: Stephen Ellsperman, Director Parks and Open Space
FROM : Brian Flynn, Open Space and Natural Resource Manager
CC: Steve Barwick, City Manager
MEETING
DATE: April 23, 2013
RE: Aspen T.R.E.E. Four Season Education Greenhouse at Cozy Point Ranch
SUMMARY: Monroe Summers, Cozy Point Ranch, LLC and Eden Vardy, Aspen T.R.E.E. will
be presenting to City Council their request to install a four season greenhouse located on Cozy
Point Ranch.
Aspen TREE and Cozy Point Ranch, LLC presented the concept and request for the greenhouse
to the City of Aspen Open Space and Trails Board during a regular Open Space meeting held
March 7, 2013. The Board moved to support the request for the installation of the greenhouse
and set up a site visit. The site visit to Aspen T.R.E.E.’s community farmyard classroom was
held on March 13, 2013.
Open Space Staff and the Open Space and Trails Board are requesting City Council support
Aspen TREE’s request to install a four season green house within the agreement requirements set
forth by Cozy Point Ranch, LLC.
PREVIOUS COUNCIL ACTION: Approved the 2010 Cozy Point Ranch Long Term Lease
Agreement, (Attachment 1). The approved long term lease required the lease holder to expand
its operations beyond equestrian operations. Page 10 of the lease, under the Recreational and
Educational Opportunities section of the lease calls for increased public involvement through
non-horse related activities such as sporting activities, competitions, fund-raising events, hiking,
P47
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2
biking, and interpretive and educational outreach programs including opportunities for other
entities to hold classes or create experiences for adults and children to learn the history of
ranching in the valley and/or experience life on a operating ranch facility, lead guided hikes,
summer camps, self-guided tours, etc…
BACKGROUND: Aspen TREE is a 501(c) 3 Roaring Fork Valley non-profit dedicated to the
education of growing foods sustainably. Aspen TREE further describes the program and the
request for the greenhouse in Attachment 2.
DISCUSSION: As required by the long term lease agreement, page 4 section B, any capital
improvement requires that the lease holder seek the consent of the City. Aspen TREE is
proposing to install a geodesic dome as the greenhouse structure. Grow domes are non-
traditional in style but provide far better space, efficiency and cost compared to a traditional
rectangular greenhouse. (Attachment 3)
Due to the non-traditional style of a geodesic grow dome, City Staff requested the work session
in order to keep City Council informed of the proposed improvement and confirm City Council’s
support for the improvement.
FINANCIAL IMPLICATIONS: None.
ENVIRONMENTAL IMPLICATIONS: The addition of a four season greenhouse will
support the desire and interest to supply locally grown foods. A greenhouse located on city land
reaffirms the City’s goal towards the reduction of its environmental impact and meets the
requirements of the long term lease under Section F – Environmental Protection, “Cozy Point
Ranch is a City of Aspen facility and as such the day-to- day activities and capital improvements
must be actively working towards the City’s goal of the reduction of Green House Gases
(GHG).”
CITY MANAGER COMMENTS:
Attachment(s):
1. Aspen TREE Proposal
2. 2010 Cozy Point Lease
3. Construction and Energy Comparisons
4. Sub-lease Agreement between Lease Holder and Aspen TREE
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V.
LONG-TERM STEWARDSHIP LEASE AGREEMENT FOR
THE COZY POINT RANCH AND EQUESTRIAN CENTER
THIS LEASE AGREEMENT entered into at Aspen, Colorado, this ____ day of
_______________, 2009, by and between the CITY OF ASPEN, COLORADO, a municipal
corporation and home-rule city (“City”), and COZY POINT RANCH, LLC, a Colorado limited
liability company (“Tenant”).
W I T N E S S E T H:
WHEREAS, the City is the owner of the Cozy Point Ranch and Equestrian Center in
Pitkin County, Colorado, which property is described on the map attached hereto as Exhibit A
(the “Premises”), and desires to lease to Tenant that portion of said Premises containing 93.5
acres described on Exhibit A as "Cozy Point Long-Term Stewardship Lease Area" on the terms
and conditions set forth herein; and
WHEREAS, Tenant has experience in ranch and equestrian center management and
desires to lease the Premises from City on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties agree as follows:
1. Term. The term of this Lease is ten (10) years. This Lease shall be effective at noon,
Mountain time, on April 15, 2010 and shall terminate at noon, Mountain time, on April 15, 2020.
2. Use. Tenant may use the Premises solely for the purpose of managing and operating a
ranch and equestrian center and providing related services to third parties. Tenant shall not use
the premises for any other purposes without City’s written consent. Tenant’s use and occupancy
of the above-described Premises shall comply with the rules, regulations and ordinances of any
governmental authority having jurisdiction over the Premises or the activities performed thereon.
Additionally, Tenant shall not use the Premises in any manner that will create an increase in the
rate of insurance or a cancellation of any insurance policy. Tenant shall not keep, use or sell
anything prohibited by any policy of fire insurance covering the Premises. In the event that any
change in law takes place that, in Tenant’s reasonable discretion, would make it materially more
difficult or more expensive for the Tenant to use the Premises as provided for hereunder, then
Tenant may, upon not less than sixty (60 days prior written notice to City, terminate this
Agreement; for purposes of this Agreement, the term “change in law” shall include, without
limitation: (a) any change to the Pitkin County Land Use Code; (b) any change to the zoning
underlying the Premises; (c) any laws, condemnation proceedings, ordinances and/or regulations
of any kind or nature adopted by the government of Pitkin County or the City (or any of their
respective agencies); or (d) any court ruling of any kind by a court of competent jurisdiction,
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which would negatively impact the water rights appurtenant to the Premises, condemn all or any
portion of the Premises, or otherwise negatively impact the Premises, or remove any portion of
the premises from potentially productive ranch, agricultural or equestrian uses.
The premises to which this lease pertains are described as that portion of the City of Aspen's
Cozy Point Ranch containing approximately 93.5 acres as described on the attached map
(Exhibit A).
3. Time of Occupancy, Acceptance and Surrender of Premises. Tenant shall be entitled to
manage, use and occupy the premises as set forth in Paragraph 1, above. Occupancy of the
Premises by the Tenant shall be construed as recognition that the Premises are in their “as is”
condition, but shall not be construed as a waiver by Tenant of any of the City’s agreements to
conduct certain repairs to the Premises.
4. Payment. Tenant agrees to pay as rent to the City for use and occupancy of the Premises
an amount equal to seven and one-half percent (7.5%) of the total annual gross receipts up to
$500,000 and ten percent (10%) of annual gross receipts over $500,000 of any business
conducted by Tenant on the demised Premises through the term of this agreement. Said rent shall
be payable quarterly in arrears. The Gross Receipts calculation, which is reported quarterly on
the tenant’s profit and loss statement, shall be adjusted annually and retroactively to reflect the
actual Gross Receipts calculated by the Tenant’s licensed Certified Public Accountant and
reported on Tenant’s IRS Corporate tax return for the previous fiscal year.
“Gross receipts” as used in this Agreement shall include all money or things of value
received or paid to Cozy Point Ranch, LLC (Tenant) or to others for Tenant’s benefit. “Gross
receipts” shall include, but not necessarily be limited to, the following: all sales of merchandise;
receipts from rentals of stalls, runs, fields, or other boarding facilities; receipts of any payments
from trainers or other third party users of the facility; receipts from reimbursements of
expenditures made for others; receipts from any special events not dedicated to non-profit
sponsors or beneficiaries; or other receipts from any commercial activity conducted on the
Premises for which Cozy Point Ranch, LLC (Tenant) is compensated.
“Gross receipts” shall not include direct taxes on the merchandise or services sold that are
passed on to and paid by consumers, clients, or customers of such services or merchandise, or by
Tenant as a tax, and shall also not include any receipts for expenses incurred by Tenant in
connection with providing a venue for benefits or other fund raising activities for non-profit
organizations. Gross receipts shall also not include the sale of any of Tenant’s assets.
A reconciliation shall accompany a copy of the Tenant's corporate tax return showing
adjustments by month for items either included or excluded from the previously reported "Gross
receipts" calculations for the period covered by the tax return.
Within thirty (30) days after the end of each calendar quarter, Tenant shall furnish the
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City of Aspen Finance Department with a statement to be certified as correct by Tenant or an
employee of Tenant authorized so to certify, which shall set forth the gross receipts for the
quarter just concluded, and the authorized deductions, if any, from such amount. With each
statement, Tenant shall pay to the City the amount of rent that is payable to the City as shown
thereby. Tenant's accounting books and records, including supporting documentation, shall be
open to the City during the term of this lease and for three years after the termination of the lease
for the City's inspection, verification or audit. Such inspection, verification or audit shall be
conducted either by City employees or independent contractors engaged by the City at City's
expense. In the event that this lease agreement or any subsequent extension thereof is
terminated, for any reason, by either party, then any rent balance due the City shall become due
and payable within thirty (30) days of the date that either party presents to the other a statement
indicating the balance owed, together with any supporting documents reasonably necessary to
provide backup information regarding such statement items. City will fund capital
improvements fully through the capital asset management process. No capital maintenance will
be undertaken without budgetary approval from City Council on a per project basis. Repairs
and/or maintenance will be the responsibility of the Tenant and may be effected by Cozy Point
Ranch, LLC, Tenant, or by an entity that is affiliated with the Tenant.
5. Access to Premises. City shall be entitled to enter upon the Premises at all reasonable
hours for the purpose of inspecting the same, preventing waste or loss, or enforcing any of City’s
rights hereunder. Tenant shall be responsible to insure that the facilities of the property covered
under this lease agreement are open and safe for the enjoyment of the public.
6. Duties of Tenant Relative to Operation and Management of the Ranch and Equestrian
Center. During the term of this Agreement the Tenant agrees to the following terms and
conditions:
a. Equestrian Center
Tenant shall operate a public equestrian boarding, exercising and training facilitiy,
accommodating both English and Western disciplines. Regular public office
hours for the Tenant and Cozy Point Ranch staff will be 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except for holidays. The equestrian facilities will be
available for use by the boarders and the general public from 8:00 a.m. to 5:00
p.m., seven days per week, 52 weeks per year. Before and after hours use may be
arranged with Tenant by waiver and on an individual, case-by-case basis;
however, Tenant shall not be obligated to provide any after-hours use, but such
use shall not be arbitrarily limited. Boarders will be permitted twenty-four hour
per day/seven days per week access to their horses for medical, health, or dietary
purposes. Tenant reserves the right to restrict access to the indoor and outdoor
arenas during special events, clinics, schools, or competitions. The facility shall
be operated so as to accommodate without discrimination the exercising and
training needs of the public, both boarders and non-boarders of all ages, subject to
equitable barn rules and fees. Tenant shall arrange to have instruction and training
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available in both Western and English disciplines and to accommodate without
discrimination, instruction and training provided by outside trainers, not directly
employed by Tenant, to both boarders and non-boarders subject to equitable barn
rules and fees. Tenant shall make the arenas, either indoor or outdoor depending
upon the weather, available without charge for up to four (4) hours per week, on
weekends during the school year, for charitable youth-oriented activities. The
Tenant shall encourage the development of a riding school for children as well as
promote various equestrian clinics and competitions. The public shall not be
arbitrarily or unnecessarily excluded from the use of, or access to, the exercise
and training facilities during such clinics, schools or competitions.
Tenant shall manage and maintain buildings, improvements, and equipment “as
is” and to make commercially reasonable efforts to make improvements as funds
are available. Management and maintenance of the equestrian facility shall
include grass cutting and snow removal, routine maintenance of the barns, houses,
arenas and fencing, refuse disposal, purchase of needed supplies; and other work
reasonably required to maintain and operate the property.
Tenant shall develop and utilize suitable horse board agreements, release
agreements, sublease agreements, incident reports and other grievance procedures
documentation, and any other documents necessary and appropriate to protect the
City and Tenant, and to collect all horse board, rents, deposits, fees and other
income derived from the operations of the ranch and the equestrian center. Tenant
shall provide a copy of all such documents to the City for its approval before their
use in the management of the property. The City’s review of such documents shall
be conducted within seven (7) working days and approval shall not be
unreasonably withheld.
b. Capital Improvements
Capital improvements, which are recognized as an important element of the long-
term viability of the leased premises, shall be accomplished through the City of
Aspen Asset Management Plan Process. This process, which includes the
recommendation, approval, and appropriation of funds for capital maintenance
and improvements for facilities within the City of Aspen, will be the mechanism
that the City of Aspen will follow to provide funding to the facility. Tenant shall
be responsible to maintain a capital maintenance and improvement list which will
be reviewed annually with City of Aspen staff. Staff will then prioritize specific
items for inclusion in the Asset Management Plan Process contingent upon
available funding.
Tenant shall work with City in creating, for each calendar year, a schedule of
capital improvement, repair and/or maintenance items that Tenant may effect. No
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such capital improvements, repairs and/or maintenance shall be conducted
without the City’s prior written consent. All capital improvements, repairs and/or
maintenance, including any funded solely by Tenant, of a permanent and fixed
nature shall become the property of the City upon termination of this Agreement;
provided, however, that any portable, modular, and/or temporary structures paid
for by Tenant shall remain the property of Tenant; provided, however, that
portable, modular, and/or temporary structures are identified in writing as such
before they are constructed or placed into service.
c. Repair and Maintenance
Tenant shall, at its expense, be required to do all general maintenance of the
property, including, but not limited to, trash removal, cleaning of ditches,
painting, clean up of storage areas, including snow storage areas, and any other
reasonable maintenance to keep the property in a visually-pleasing condition
while maintaining a fully functional and safe working environment. Tenant shall
make commercially reasonable efforts to improve the condition of the pastures,
fields, and fencing and to cooperate with City to ensure that the irrigation systems
do not deteriorate from their current condition. This section includes normal day-
to-day operations of a working ranch. Examples include, but are not limited to,
field disking and seeding, fence repair and cross fencing, irrigation operations and
repair, manure management, haying, minor building repairs and general land
management. The parties hereto agree that Tenant’s duties set forth in this
subsection, and elsewhere in this Agreement, shall not require Tenant to repair or
maintain any portion of the Premises, other than the pasture, fields or fencing, in a
condition better than that which existed on the date of this Agreement or on the
date an improvement is placed into service.
Tenant also, at its sole expense, shall keep the premises, including roadway,
outdoor walks and access ways, in a good, clean and safe condition and do all
work and repair necessary to maintain same and to keep it from deteriorating;
provided, however, that the parties hereto agree that Tenant’s duties set forth in
the preceding sentence shall not require Tenant to repair or maintain any portion
of the Premises in a condition better than that which existed on the date of this
Agreement, or on the date that an improvement is placed into service. All areas
used to board horses shall be maintained in a safe, sanitary, and clean condition to
properly ensure the health and safety of all animals boarded on the premises. The
standards of health, safety, and welfare for the animals shall be those that are
common and usual in the business of horse boarding and the operation of an
equestrian center.
Repairs and replacement of capital infrastructure shall be undertaken by the City
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as needed and will be effected through the City of Aspen Asset Management Plan
Process or on an emergency basis if required to protect the City's assets and/or the
Tenant's property and safety. This will be done solely upon City Council's
appropriation of necessary funds.
d. Noxious Vegetation
Tenant shall be required to accomplish all noxious vegetation control work on all
property contained within the lease boundaries. Tenant shall, at its expense,
accomplish noxious vegetation control work that includes control of all listed
noxious weeds on the Colorado Department of Agriculture Noxious Weed Lists A,
B, and C. (Exhibit B ). Tenant will meet annually with the City of Aspen Parks
and Recreation Department to outline annual noxious vegetation control efforts.
The City of Aspen Parks and Recreation Department will provide specific
technical assistance on Integrated Pest Management strategies for noxious
vegetation control efforts to the Tenant.
e. Conservation Values
Tenant shall maintain the facilities and property in concert with the Aspen Valley
Land Trust Deed of Conservation Easement in Gross as described in the attached
Exhibit C.
f. Environmental Protection
Tenant shall meet with the City's Environmental Health Department and will
comply with all environmental protection recommendations and guidelines as set
forth by the Environmental Health Department. Any and all activities and events
on the ranch will address environmental considerations at every stage and will
include environmental factors in every decision to purchase a product or contract
a service, in accordance with the City's ZGreen event standards. Tenant will
make efforts to minimize water and energy consumption, waste generation, and
air pollution emissions. No magnesium chloride will be used in any area of Cozy
Point Ranch properties. Within six months from the beginning of this lease
period an action plan for the environmental initiative portion of this section will
be completed by the City and the Tenant.
Energy Use and Greenhouse Gas Reduction Requirements are as follows:
Cozy Point Ranch is a City of Aspen facility and as such the day-to- day activities
and capital improvements must be actively working towards the City’s goal of the
reduction of Green House Gases (GHG). It is the Tenant's responsibility to
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identify, upgrade, install, operate and manage the property toward achieving this
goal.
Tenant is responsible for meeting with The City of Aspen’s Energy Efficiency
Manager to develop short-term and long-term goals for accomplishing those goals
set forth in the City's Canary Initiative.
Tenant agrees to achieve these goals, as follows:
Buildings:
● Reduce greenhouse gas emissions by 20% below 2004 levels in all City of
Aspen facilities.
● Require all new construction (commercial & residential) to be 50% more
energy efficient than the International Energy Conservation Code.
● Upgrade existing facilities with the most energy efficient systems, utilities and
amenities.
● Require all remodel projects to exceed the International Energy Conservation
Code by 15 % on retrofits.
● Require Energy Star® or equivalent products, when available, for any new
equipment that uses electricity or natural gas.
Transportation:
Increase the use of highly fuel-efficient and low emissions-fuel engines and
machinery in on-road and off-road vehicles used in the day to day operations of
the facility, when new equipment is purchased as needed.
Electricity:
Generate and/or purchase 45% of the facilities power from renewable sources.
Waste Reduction & Recycling:
● Increase the facilities and operations overall solid waste recycling rate by 20%.
● Decrease the amount of solid waste generated at the site.
Bear-Proof Trash Facilities will be installed and maintained according to the
following:
It is Tenant's responsibility to manage solid waste according to City of Aspen
ordinances. All solid waste that falls under the guidelines of the Wildlife
Protection Ordinance is required to be managed according to the guidelines of the
ordinance. Tenant may choose a method of wildlife resistance that best suits the
needs of the ranch and its operations. This is more fully described below.
Wildlife-resistant refuse container means a fully enclosed container that can be
constructed of pliable materials, but must be reinforced to deter access by
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wildlife. The container must employ a sturdy lid that has a latching mechanism
preventing access to its contents by wildlife. Wildlife Resistant Containers must
meet the standards of testing by the Living With Wildlife Foundation and
approved by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for
90 minutes or otherwise be approved by a City-designated official. (Ord. No. 27-
2005, §1; Ord. No. 8-2008)
Wildlife-resistant dumpster enclosure means an enclosed structure consisting of
four (4) sides and a secure door or cover, which shall have a latching device of
sufficient design and strength to prevent access by wildlife. The enclosure shall
not be larger than necessary to enclose the trash receptacles, shall not be attached
to an historic structure, shall not be located in a public right-of-way and shall be
located adjacent to the alley where an alley borders the property. An enclosure of
less than one hundred twenty (120) square feet shall not require a building permit
or Community Development review; however, plans for the dumpster are required
to be reviewed and approved by a City Community Safety Officer or an
Environmental Ranger prior to the commencement of construction. An enclosure
of one hundred twenty (120) square feet or larger requires a building permit.
Facility Recycling Requirements are described below:
It is Tenant's responsibility to manage solid waste according to City of Aspen
ordinances. The facility will have to provide recycling for its own operations and
for the operations of any of its tenants or subleases.
Recyclable Materials means any materials that are designated by the City
Manager in the "Recyclable Materials List" which may include, but are not
limited to, newspaper, office paper, cardboard, glass containers, plastic
containers, steel cans and aluminum cans.
Yard Waste shall mean materials generated from the maintenance of the
vegetation on a property that have been designated by the City Manager in the
"Banned Yard Waste List" which may include, but are not limited to, grass
clippings, leaves, weeds, holiday trees and other plant materials.
All recyclables and yard waste accumulated on any premises shall be placed in a
container separate from garbage, or in a suitable manner such as cardboard broken
down and placed on a shelf.
g. Riparian Area Protection
Tenant shall be required, at its expense, to implement a Riparian Area Protection
Zone adjacent to all riparian and wetland areas identified within the boundaries of
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the leased area. This Riparian Area Protection Zone will consist of a 100-foot
setback protection zone from all riparian and wetland areas identified within the
leased portions of the property.
h. Agricultural Activities
Tenant shall, at its expense, provide to the City of Aspen Parks and Recreation
Department an annual report which outlines specific agricultural activities
proposed for the leased property. This report will include specific information
related to all agricultural activities proposed for the facility. This report will also
specify proposed improvements to the quality of the agricultural lands for review
by the City of Aspen.
i. Storage of Vehicles and Miscellaneous Items
Tenant shall allow only those vehicles and other miscellaneous items that are
associated with direct facility operations to be stored on the property described in
this lease agreement. The facility shall not be operated as a storage facility for
any vehicles or other miscellaneous items that are not directly related to
equestrian facility operations or agricultural operations. Storage of horse trailers
at the facility is allowable.
j. Emergency Plans and Safety Procedures
In compliance with instructions from the Aspen Fire Protection District, Tenant
shall create, submit and implement specific emergency plans to address the
possibility of a fire or other emergency and shall post emergency evacuation plans
and educate all employees and inform boarders of these procedures. Fire
extinguishers and smoke detectors will be installed and kept in working order in
compliance with Aspen Fire Protection District regulations, including in the
residences on the property. In addition, an annual safety inspection and audit will
be conducted by the Colorado Intergovernmental Risk Sharing Agency (CIRSA),
and Tenant agrees to implement any and all recommendations for improvements
that may arise from such audit, including but not limited to electrical,
mechanicals, and any other utilities. The City may contribute to these
improvements, based upon their cost and size. If an inspection uncovers a
significant capital expenditure that is needed, the City of Aspen and Tenant shall
work together to incorporate these necessary improvements into the City of Aspen
Asset Management Process.
k. Signage
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The City of Aspen and Tenant shall work together to implement a specific
signage plan at the facility that clearly and specifically identifies that the leased
property is owned by the City of Aspen. This signage plan shall be designed to
provide information to the public about general directions, hours of operations,
emergency contact information, recreational opportunities, and other specific
information about the facility and property as is deemed appropriate.
Tenant shall not place any signs upon the Premises or upon the buildings except
of such design and construction as may be permitted by City. It is understood by
the parties that placement of an identification sign or signs is important and
necessary to Tenant’s business, and permission shall not be unreasonably
withheld for the posting of a sign for Tenant’s business provided that such sign
complies with all applicable laws and regulations. Any sign permitted by City
shall at all times comply with applicable ordinances, rules and regulations.
Directional and all other signage within the ranch property shall be the
responsibility and expense of Tenant upon review and approval by the City. The
City of Aspen shall bear the responsibility for creating and installing adequate
signage to identify Cozy Point Ranch as a City of Aspen Open Space facility.
l. Recreational and Educational Opportunities
Increased public involvement on Cozy Point Ranch is important to the City of
Aspen. Tenant shall contact the City of Aspen Recreation Department and the
Special Events Department annually to identify additional opportunities which
may exist for developing recreational programming and events at the ranch.
Horse-riding experiences for non-horse owners are encouraged. In addition, non-
horse related activities at the facility need to be expanded for children and young
adults such as sporting activities, competitions, fund-raising events, hiking,
biking, etc
Tenant shall develop interpretive and educational outreach programs designed to
embrace the community in areas not only relating to the equine experience, but
opportunities for other entities to hold classes or create experiences for adults and
children to learn the history of ranching in the valley and/or experience life on a
operating ranch facility as it exists today. Guided hikes, summer camps, self-
guided tours, etc., may be included in such efforts. A report of such activities will
be sent annually to the City of Aspen Parks and Open Space Director.
Tenant shall annually report on all newly created outreach educational and
recreational activities on the ranch, specifically addressing non-equestrian
activities. Tenant shall report on efforts to offer and advertise the ranch as a
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public facility available for use by the general public and non-profit organizations
alike.
During the first year of the term of this lease, Tenant shall create a baseline record
of all outreach activities which will be reported to the City of Aspen Parks and
Open Space Director. Tenant shall document both the number of days and people
served during each and every activity or event held on the ranch and shall report
these annually to the City's Parks and Open Space Director. During all
subsequent years of the term of this lease, Tenant will annually achieve a
reasonable increase in these and other non-equestrian activities occurring at the
ranch. Tenant's anticipated marketing plan for effecting these increases will be
reviewed by the City's Parks and Open Space Director and will be revised as
necessary by the Tenant.
Tenant and the City shall annually assess the success of the educational and
recreational outreach activities on the ranch and will make adjustments based
upon the measured success of these activities. The level of success will be
measured in many arenas including advertising efforts, marketing activities,
percentage of increase in the use of the ranch, and increase in the diversity of
users on the ranch.
m. Financial Reporting
Tenant shall submit quarterly financial reports including income and expense
statements to the City of Aspen Finance Department and maintain normal books
of account on all operations for review upon request by City officials or staff.
n. Status Reports
. Tenant shall submit annual status reports to the City of Aspen Director of Parks
and Open Space for distribution to City officials and staff in order to facilitate
City monitoring of all activities of the Property. These reports include a narrative
detailing the status of ranch land management activities, and equine facility
management and business management updates, with an overview of specific
plans in each area moving forward.
o. Complaints and Incident Reports
Any incidents of complaints and all issues requiring City action or decisions need
to be submitted to the Director of Parks and Open Space. Further, City shall
promptly notify Tenant of any complaints received by City regarding the
operation of the facility. Tenant shall not discourage the reporting of complaints
or issues directly to the City of Aspen which may arise from any source.
p. Permits
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Tenant shall secure such permits as may be required by Pitkin County, if any, for
uses of and activities on the ranch and equestrian center property and notify the
City Manager and other organizations and agencies (e.g., Sheriff, Brush Creek
Homeowners Association, Snowmass Village, etc.), where appropriate, in
advance of all special events on, or uses of, the Premises.
q. Liability Insurance
Tenant shall maintain such general liability insurance coverage for persons and
animals under Tenant’s care as shall be required by the City on all uses of and
activities on the property and obtain signed Releases of Liability of both the City
and the management entity from all boarders and all participants in all equestrian
activities on the property, to be preserved for not less than three (3) years.
Notwithstanding the foregoing, however, in the event that Tenant is unable to
obtain and/or maintain insurance at a reasonable cost, then Tenant may, in its
discretion, terminate this Agreement by providing City with not less than sixty
(60) days prior written notice of termination. For purposes of this subsection,
unreasonable cost shall mean either a 100% annual increase in the cost of
premiums or a total cost of insurance premiums in excess of $10,000.00 in any
single calendar year.
r. Annual Performance Measures
Tenant shall be required to meet or exceed the following annual performance
measures as outlined below:
1. Through an annual survey of Tenant's clients, the City shall acquire customer
service data to assess the level of satisfaction with Tenant's staff, including
dispute resolution process, and the overall general condition of facilities and
services provided at Cozy Point Ranch. The City and Tenant shall agree on a
survey instrument to be used for this purpose. The survey shall solicit
responses that can be graded on a scale of 0 to 10. A successful “level of
satisfaction” shall include a total average score of seven (7) or better.
2. The City shall annually engage an equine specialist to provide a professional
inspection and assessment of the equine facilities at Cozy Point Ranch. The
City and the Tenant shall mutually agree on the selection of the equine
specialist. The specialist will certify that the operations are meeting the
standard of professionalism and safety as it relates to the overall equine
operations. The specialist will inspect and report on the footing, fencing,
safety and any other items that may be deficient regarding the operations or
general maintenance of the facility. Tenant shall act as project manager to
remedy immediately any deficiencies that may be uncovered. For any and all
items that require a significant capital investment, Tenant shall prepare a
summary of improvements, costs, and completion schedule to present to the
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City to correct the deficiencies. If approved, funding will be effected through
the City of Aspen Asset Management Plan Process at the discretion of City
Council.
3. The Tenant in conjunction with the City shall meet annually with both the
Aspen Valley Land Trust (AVLT) and Roaring Fork Conservancy (RFC) to
craft an inventory and action plan of sustainable agricultural practices and
environmental stewardship actions. AVLT and RFC shall certify that the
environmental standards are being met and that Tenant is meeting the
standards of good environmental stewardship on the property. Any
deficiencies noted in AVLT's or RFC's reports shall be corrected by Tenant
within a reasonable time.
s. Business Plan
Tenant's business plan as submitted during the Request For Proposals process is
attached hereto as Exhibit D and made a part of this lease.
Non-compliance with any goals or objectives set forth herein shall place Tenant on
probation effective immediately for one (1) year, during which time Tenant shall cure any
and all deficiencies. The City, at its sole discretion, may terminate this lease with ninety
(90) days' notice, if Tenant fails to cure any terms and conditions set forth herein and
above within the one (1) year probation period. The City shall use objective standards,
when available or possible, to determine Tenant’s compliance; however, the City shall be
the sole judge of Tenant’s compliance with the performance standards set forth above.
7. Duties of the City Relative to the Ranch and Equestrian Center. During the term of this
Agreement the City agrees to the following:
a. City shall grant to Tenant the right of quiet enjoyment of the Premises, and to
permit Tenant to use the Premises for Tenant’s sole use and occupancy, and to
manage the Premises, and conduct Tenant’s equestrian business on the Premises,
in a commercially reasonable manner as may be determined by Tenant in
Tenant’s sole discretion for so long as Tenant shall abide by the terms of this
Agreement.
b. In the event that City decides to sell the Premises during the term of this
Agreement, then Tenant shall have a right of first refusal to purchase the
Premises. Tenant’s right shall run for a period of thirty (30) days from the date
that City presents to Tenant an executed contract to purchase the Premises.
Tenant may exercise such right within such time period by providing City with a
written notice stating that Tenant desires to purchase the Premises on the same
terms as set forth in said contract. Tenant’s failure to send such a notice within
the thirty (30) day time period shall constitute a waiver of Tenant’s right.
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c. In the event that Tenant has performed its obligations hereunder, and in the event
that the term of this Agreement expires, then Tenant shall be given the
opportunity to match any competing bids that City may receive to operate the
Premises subsequent to the term hereof. Such right shall run for a period of thirty
(30) days from the date that City presents to Tenant a document stating the terms
upon which a competitor of Tenant desires to operate the Premises. Tenant may
exercise such right within such time period by providing City with a written
notice stating that Tenant desires to operate the Premises on the same terms as set
forth in said contract. Tenant’s failure to send such a notice within the thirty (30)
day time period shall constitute a waiver of Tenant’s right.
8. Utilities and Security System. Tenant shall, at its own expense, provide all water, heat
and electric utilities, and telephone service for the buildings and ranch operation.
9. Personal Property. All personal property and trade fixtures placed on the Premises shall
be at Tenant’s sole risk and City shall not be liable for damage to or loss of such personal
property or trade fixtures arising from the acts or neglect of Tenant, its agents or employees.
Any personal property or trade fixtures of Tenant or anyone claiming under Tenant, which shall
remain on the Premises after the date upon which the Premises shall be surrendered, shall be
deemed to have been abandoned and may be retained by City as its property or disposed of by
City in such a manner as City sees fit.
10. Taxes. In the event any taxes are levied and assessed upon Tenant’s leasehold interest in
the Premises or upon the improvements, fixtures or personal property of the Tenant during the
term of Tenant’s occupancy of the Premises or arising therefrom, or upon the leasehold or
possessory interests as created through this lease, Tenant shall be solely responsible to satisfy
and pay all such taxes in a timely fashion. Tenant shall not allow any liens for taxes or
assessments to exist with respect to the Premises, except that Tenant may permit such taxes or
assessment to remain unpaid while pursuing any good faith contest or appeal of same.
11. Indemnification. Tenant agrees to indemnify and hold harmless the City, its officers and
employees, 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 similar loss, which arise out of or
are in any manner connected with this Agreement, if such injury, loss, or damage is caused in
whole or in part by, the omission, error, or negligence of the Tenant, any subcontractor of the
Tenant, or which arises out of any workmen’s compensation claim of any employee of the
Tenant or of any employee of any subcontractor of the Tenant.
12. Public Liability Insurance. Tenant agrees to furnish City with certificate(s) of insurance
as proof that it has secured and paid for a policy of public liability insurance covering all public
risks related to the leasing, use, occupancy, maintenance, operation or location of the Premises.
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The insurance shall be procured from a company authorized to do business in the State of
Colorado and be satisfactory to City. The amount of this insurance, without co-insurance
clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen
under the laws of the State of Colorado found at C.R.S. 24-10-101 et seq., as amended. At
present, such amounts shall be as follows:
$150,000.00 for any injury to one person in any single occurrence;
$600,000.00 for any injury to two or more persons in any single occurrence.
In no event shall such insurance amounts fall below those maximum liability limits as set
forth at C.R.S. 24-10-114, as amended. City shall notify Tenant of any changes in the above
referenced amounts.
13. Termination Due to Fire or Similar Catastrophe. If, absent negligence or fault on the part
of Tenant, the Premises shall be damaged by fire or other catastrophe so as to render said
Premises wholly untenable, and if such damage is so great that a competent licensed architect in
good standing in Pitkin County, Colorado, as selected by both the City and Tenant, within
fourteen (14) days from the date of loss, shall certify in writing to the City and Tenant that the
Premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days
from the happening of the occurrence of the damage, then Tenant may elect in writing (no later
than ten (10) days from the date of the architect’s certificate) to either continue this Agreement
or terminate this Agreement. If Tenant elects to continue this Agreement, then Tenant and City
shall meet and attempt to negotiate in good faith a reduction in rent so as to compensate Tenant
for the damage caused to the Premises; in the event that such negotiations fail, then Tenant may
terminate this Agreement by providing to City a written termination notice. In the event that the
Premises were damaged absent negligence or fault on the part of Tenant, then Tenant shall be
released from Tenant’s obligations set forth herein to return the Premises to City in the same
condition (ordinary wear and tear excepted) as existed on the date hereof for those portions of the
Premises damaged by fire. If, however, the damage is not such as to prevent reoccupation and
use of the Premises within ninety (90) days, then repairs thereto shall be undertaken by Tenant
(to be offset against rents otherwise due to City) with all reasonable speed to restore the Premises
to its former condition and the Agreement shall remain in effect. Tenant’s duties and obligations
to provide services as herein set forth shall be suspended during those time periods wherein the
Premises are unfit for normal business activities due to fire or other catastrophe, and/or repair
activities associated therewith.
14. City to be Named a Co-Insured or Additional Insurance. Tenant shall name City as co-
insured or additional insured on all insurance policies and such policies shall include a provision
that written notice of any non-renewal, cancellation or material change in a policy by the insurer
shall be delivered to City thirty (30) days in advance of the effective date.
15. Repairs and Alterations by Tenant. Tenant, upon city’s written consent, may, at its own
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expense, make reasonable and necessary alterations or improvements to the Premises. All
alterations, additions and improvements shall be performed in a workmanlike manner, in
accordance with all applicable building and safety codes, and shall not weaken or impair the
structural strength or lessen the value of the Premises. All permanent, fixed alterations, additions
and improvements made in or to the Premises shall be the property of City and remain and be
surrendered with the Premises upon termination of this Agreement; provided, however, that any
portable, modular, or temporary structures paid for by Tenant shall remain the property of
Tenant; provided, however, that they are identified as such in writing prior to their construction
or placement into service. Tenant agrees that prior to any construction or installation of
alterations, additions or improvements, Tenant shall post on the Premises in a conspicuous place
a notice of non-liability for mechanic’s lien as specified at C.R.S. Section 38-22-105 on behalf of
the City and shall notify City of such posting and the exact location of same. Perfection of a
mechanic’s lien against the Premises as a result of Tenant’s acts or omissions may be treated as a
material breach of this Agreement.
16. Repairs and Alterations by City. City reserves the right, from time to time, at its own
expense and by its officials, employees and contractors, to make such alterations, renovations or
repairs in and about the Premises. City shall provide reasonable notice to Tenant in advance of
any intent to undertake alterations or repairs as authorized in this paragraph and all work shall be
performed at such times as mutually agreed to between the parties so as to eliminate or minimize
any disruption of Tenant’s business and protect the health and safety of the animals.
17. Condemnation. If during the term of this Agreement, or any renewal of it, the whole or
part of the Premises, or such portion as will make the Premises unusable for the purpose leased,
or the leasehold interest, be condemned by public authority, for public use, then this Agreement
shall cease as of the date of the vesting of title in the Premises in such condemning authority, or
when possession is given to such authority, whichever event occurs first. Tenant shall be entitled
to that part of any condemnation award for the value of the unexpired term of this Agreement or
for any other estate or interest in the Premises.
18. Assignment of Agreement. Tenant shall not assign, pledge, sublease or otherwise
dispose of or encumber this Agreement, or the Premises, without the prior written consent of the
City. Notwithstanding the foregoing, however, Tenant may sublease portions of the Premises to
third parties, from time to time; no such sublet shall relieve Tenant of its obligations hereunder.
Tenant shall notify City of all subleases for portions of the Premises.
19. Breach.
a. Breach by Tenant: If Tenant shall fail to timely comply with any of the terms or
conditions of this Agreement, including, but not limited to, maintaining the
premises used by animals in a safe, healthy and sanitary condition, or any notice
given under it, or shall become insolvent, or shall have or attempt to make an
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assignment for the benefit of creditors, or if any of its property be attached and
such attachment is not promptly released, or if an execution be issued against it,
or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a
trustee or receiver shall be created or appointed to take charge of its assets, or if it
shall abandon the Premises for a period of more than seventy-two (72) hours, then
at any time afterwards City may treat such act or omission as a breach of this
Agreement. In the event of any such breach, City shall send to Tenant a written
notice stating the grounds of such breach. Tenant shall then have thirty (30) days
within which to cure such breach. Failure to so cure any such breach shall
constitute an “Event of Default” hereunder.
b. Breach by City: If City shall fail to timely comply with any of the terms or
conditions of this Agreement, or in any way disturbs Tenant’s quiet enjoyment of
the Premises, then Tenant may treat such act or omission as a breach of this
Agreement. In the event of any such breach, Tenant shall send to City a written
notice stating the grounds of such breach. City shall then have thirty (30) days
within which to cure such breach. Failure to so cure any such breach shall
constitute an “Event of Default” hereunder.
20. Remedies:
a. City’s Remedy for Event of Default: Any Event of Default by Tenant shall be
cause for termination of the Agreement by City in the manner set forth in this
paragraph. City shall deliver to Tenant three (3) business days’ prior written
notice of its intention to terminate this Agreement. City shall have the right to
declare this Agreement terminated upon the end of such three (3) business day
period, and all rights powers and privileges of Tenant as provided through the
Agreement shall cease, and Tenant shall immediately vacate the entire Premises.
In addition to the above stated remedy, if in the reasonable opinion of the City,
Tenant has failed to maintain the premises in a safe, healthy and sanitary
condition which threatens the well being of any animals boarded on the premises
following notice of such condition(s) by the City and failure to cure by Tenant in
a reasonable period of time, City shall have the right to terminate this Agreement
upon seventy-two (72) hours written notice as provided above; and, at its option,
enter into the Premises and remove all persons and take and retain possession
thereof either with or without process of law. The City shall retain the services of
a qualified veterinarian to assist the City in determining the safety and well being
of any animals boarded at the facilities.
b. Tenant’s Remedy for Event of Default: Any Event of Default by City shall be
cause for Tenant’s recourse to the remedies set forth in this paragraph. Tenant
may elect to either terminate this Agreement or continue this Agreement if any
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Event of Default by the City shall occur. If Tenant desires to terminate this
Agreement, then Tenant shall deliver to City three (3) business days’ prior written
notice of its intention to terminate this Agreement. Tenant shall have the right to
declare this Agreement terminated upon the end of such three (3) business day
period, and all obligations of Tenant as provided through the Agreement shall
cease. Furthermore, notwithstanding any such termination, Tenant may seek to
recover in a court of law any lost profits or any other costs and/or expenses
incurred by Tenant as a result of the City’s breach of this Agreement. If Tenant
desires to continue this Agreement, then Tenant may send to City a written notice
indicating that Tenant intends to continue this Agreement, but which notice shall
also state any amounts of rent that Tenant intends to withhold for lost profits, or
other costs, which Tenant may seek to recover in order to compensate Tenant for
the damage caused to Tenant by City’s breach of this Agreement.
21. Non-Waiver of Rights. Any failure by City or Tenant to so terminate this Agreement as
herein provided after the breach, default or failure by Tenant or City, as the case may be, to
adhere to the terms of the Agreement shall not be deemed or construed to be a waiver or
continuing waiver by City or Tenant of any their respective rights to terminate the Agreement for
any present or subsequent breach, default or failure.
22. Non-Discrimination. Tenant agrees to comply with all laws, ordinances, rules and
regulations that may pertain or apply to the Premises and its use. In performing under the
Agreement, job applicant, or any member of the public, because of race, color, creed, religion,
ancestry, national origin, sex, age, marital status, physical handicap, affectional or sexual
orientation, family responsibility or political affiliation, nor otherwise commit an unfair
employment practice.
23. 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. To the extent that this Agreement may be construed as requiring
Tenant to provide services to or on behalf of City, Tenant 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 Tenant 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 Agreement. The manner and means of conducting the work are under the sole control of
Tenant. None of the benefits provided by City to its employees including, but not limited to,
worker’s compensation insurance and unemployment insurance, are available from City to the
employees, agents or servants of Tenant. Tenant shall be solely and entirely responsible for its
acts and for the acts of Tenant’s agents, employees, servants and subcontractors during the term
of this Agreement. Tenant shall not 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 Agreement. The manner
and means of conducting the work are under the sole control of Tenant. None of the benefits
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provided by City to its employees including, but not limited to, worker’s compensation insurance
and unemployment insurance, are available from City to the employees, agents or servants of
Tenant. Tenant 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 Tenant and/or Tenant’s employees engaged in the performance of the services agreed
to herein.
24. Notice. Whenever this Agreement calls for or provides for notice and notice is not
otherwise specified, the same shall be provided in writing and shall be served on the person(s) as
designated by the parties below, either in person or by certified mail, postage prepaid and return
receipt requested.
For City: Aspen City Manager
130 South Galena Street
Aspen, Colorado 81611
For Tenant: Monroe Summers
COZY POINT RANCH, LLC
111K AABC
Aspen, CO 81611
The parties may change or add such designated person(s) or addresses as may be
necessary from time to time in writing.
25. Binding Effect. All of the terms and conditions as contained in this Agreement shall
inure to the benefit of and be binding upon the successors and assigns of the parties.
26. Controlling Law. This Agreement shall be enforced and interpreted in accordance with
the laws of the State of Colorado. Any action brought to enforce or interpret this Agreement
shall be brought in the District Court in and for Pitkin County, Colorado. In the event of
litigation between the parties concerning this Agreement or matters arising therefrom, the
prevailing party shall be awarded its costs and reasonable attorney’s fees.
27. Entire Agreement. This instrument constitutes the entire agreement by the parties
concerning the Premises and shall supplant and supersede any previous agreements between the
parties pertinent to the Premises. Any prior or contemporaneous oral or written agreement that
purports to vary from the terms as set forth herein shall be void and of no effect.
28. Amendments. Except as otherwise provided herein, this Agreement and all of its terms
and conditions may not be amended or modified absent a written agreement duly executed by the
parties.
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WHEREFORE, the parties, through their duly authorized representatives, have executed
this Agreement upon the dates as set forth herein.
LESSOR:
THE CITY OF ASPEN, COLORADO
By: __________________________
Name: Stephen Barwick
Title: City Manager
ATTEST:
___________________________
Kathryn S. Koch, City Clerk
LESSEE (Tenant):
COZY POINT RANCH, LLC
By: ______________________
Name: Monroe Summers
Title: Manager
ATTEST:
_______________________________
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
ASPEN TREE FOUR SEASONS EDUCATION GREENHOUSE
Organization Overview
Aspen TREE is a Roaring Fork Valley based 501(c) 3 that focuses on empowering youth and inspiring
community through positive, solution-oriented sustainability education, particularly around a healthy food-shed.
The organization runs a diversity of programs including family festivals and events such as Aspen EcoFest, a
mobile farmyard with alpacas at the Aspen Saturday Market, and the FREE Farm to Table thanksgiving meal.
The Farm to Table Meal serves a free 100% locally grown and organic meal to over 1,000 annually with 200+
volunteers and seven participating gourmet chefs. The organization also facilitates a community farmyard
demonstration / ecological classroom space at Cozy Point Ranch with cooperative farmyard and garden
demonstrations and whole system tours open to the public.
Aspen TREE is preparing to ramp up local food production as part of demonstration and education efforts, as
well as to contribute to a localized food system and offset resources required to get food to Aspen. In the long
term, Aspen TREE plans to demonstrate that the Roaring Fork Valley community has its act together, visibly
growing much of it’s own food in Aspen!
Project Overview
Aspen TREE’s Four Seasons Community Education Greenhouse (42’ diameter geodesic dome) is
envisioned as a public education, production, destination, demonstration, and research facility focused on
increasing community understanding of growing food in Aspen year round, exclusively with renewable energy.
The project is designed to have minimal environmental impact and to demonstrate energy efficiency. Both
traditional and state of the art technologies are implemented.
A subterranean climate battery system (series of underground pipes circulating air to the soil and from the soil
to the air) and (aquaponic) large fish tank help to regulate the climate within the greenhouse. When outdoor
temperatures drop below 9 degrees Fahrenheit (generally a dozen nights per year), a fuel efficient back up
propane heater fires up. As compared to a conventional “rectangle” greenhouse, a growing dome is 1/3 the cost
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
(per square foot) to build, and utilizes 1/3 less energy to heat it (per square foot). It also takes much less time to
construct. See cost comparison chart for more details.
A four seasons community greenhouse and season extending row covers fills the need for a localized, non-
industrial food system, as well as for greater awareness of healthy food production and overall sustainable
living at our altitude. Aspen is currently very limited in local food production, though the demand for local
foods and backyard farming is tremendous.
Hosting a demonstration model of a working neighborhood scale greenhouse and extended season row covers at
Cozy Point Ranch (on public land) is a great place to start a viable agriculture education model for the Aspen
area, and a great model for Roaring Fork Valley residents and neighborhoods ready to grow food in their
backyards. Though production will initially be limited, this project is a tremendous first step in assessing the
viability of a local food shed.
Financial Sustainability of Aspen TREE’s Four Season Community Education Greenhouse
Beyond demonstrating sustainable agriculture and energy use, Aspen TREE’s Four Seasons Community
Education Greenhouse is a financially sustainable model, paying for it’s own annualized needs and management
through yields from the greenhouse itself. The management plan is financed through a combination of
membership dues from a CSA (Community Supported Agriculture) and a greenhouse member cooperative. A
small financial surplus is generated annually for unforeseen costs.
Annual Budget
Aspen TREE’s Four Season Community Education Greenhouse cost $875 annually for materials and utilities,
and $7,300 / year for management (labor). Greenhouse manager is paid $20 / hour, and will work seven hours
per week (1 hour per day). The additional seven hours per week required for managing the greenhouse (14
hours total, based on the budget from the Roaring Fork High School Greenhouse Dome) is made up by
dedicated cooperative labor, at 1.25 hours per week required by each of the seven greenhouse coop members.
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
ITEM COST / YEAR
Seeds $150
Starts $200
Electricity (1,402 annual kWh @ $.09) $125
Irrigation $0 (mix of rain and ditch)
Propane (back up heat) $400
Management ($20 / hour, 14 hours / week) $14,600
Cooperative member labor (7 members 1.25 hours / week) -$7,300
Total: $8,175.00
Total funds generated from Greenhouse Cooperative ($25 / month X 7) and CSA ($25/ week X 5): $8,600.00
Total Annual Revenue: $425.00
CSA (Community Supported Agriculture)
CSA’s have become a very popular farming practice over the past decade. Essentially, A CSA is a farm
membership where the farmer distributes weekly produce yields to a limited number of members that have paid
for a season’s worth of harvest in advance. The member receives a box / sack of produce once per week. The
model is a great tool for educating the consumer about seasonality and what grows when, and a great way to
connect the customer with the farmers. Members are “investing” in the farm, and reap the yields of both very
productive seasons (when produce in a CSA share may be worth much more than paid dues) and in poor harvest
seasons when yield is low. Farmers appreciate the model as they get a valuable initial investment at the start of
the season (when most costs for the year are incurred and often before there is any harvest to sell).
Aspen TREE’s Four Season Education Greenhouse will initially offer a five member CSA at the rate of $25/
week (with a three month commitment).
Greenhouse Cooperative
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
The Greenhouse cooperative operates like a cooperative food store might. Members sign up to be part of the
cooperative, pay monthly dues, and are accountable for 1.25 hours of work per week. Initially, members will
work under and together with the greenhouse manager. Members receive an equivalent to a CSA share on a
weekly basis, though their labor discounts the share to 25% of the regular cost (Valuing their labor at about $15/
hour). The cooperative is set up for individuals very interested in learning and participating in a greenhouse /
garden system, but that do not have the time / finance / space to set up their own.
Selection Process
Aspen TREE Four Season’s Education Greenhouse will select CSA and Cooperative members through a
standardized application, reviewed by Aspen TREE board and a volunteer committee. Selected members will be
year round residents of the Roaring Fork Valley that express a clear interest in the food movement and being
part of modeling / trialing this exciting community effort. Membership will expire and new members will be
selected on a bi- annual basis.
proposed growing dome in context
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
Project Partners
Eden Vardy: Project Coordinator
• Successfully manages grant funds and project budgets for nearly a dozen projects within Aspen
TREE
• Successfully fund raises for, designs, manages, and implements youth programs for 250+ youth,
50+ of which are enrolled in multiple programs annually!
• Manages Sustainable Farmyard at Cozy Point Ranch and associated cooperative chicken coop,
garden cooperative, farmyard / wilderness programs, and growing systems.
• Coordinates over 200 volunteers annually for free “all locally grown all organic” community
meal at Aspen High School (serving over 1,200 guests!)
• 7 years experience teaching Ecological programs to youth
• Management experience of over 45 garden systems locally
• 10 years experience coordinating start- up eco- projects
• 5 Years experience managing a staff of 7+ interns and 3+ educators.
Monroe Summers: Project Supervisor
• Director of Cozy Point Ranch LLC and lease holder of Cozy Point Ranch
• Over 25 years experience managing Ranch systems locally
Michael Thompson: lead designer
• Experience designing and building over a dozen eco-friendly greenhouses in Colorado
• Experience working with municipal bureaucracy and permitting process
• Experience with Permaculture design and the design of systems for education models
Jerome Osentowski: ground coordinator / permaculture designer
• Over 26 years experience in High Altitude Permaculture
• Planted and maintained over 12 greenhouses in Colorado
• Teaches Permaculture Design Courses for 25 years to young adults
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Board of Directors: ~ Eden Vardy ~ Jason Haber~ Piper Foster ~ Judy Lovins~ River Morgan ~ Kathy McDevitt
www.aspen-tree.org
Darin Rainks, lead contractor
• Built all other structures in Aspen TREE sustainable farmyard
• Licensed with over 7 years local experience building custom homes and projects.
Besides aforementioned team, hired Summer Educators (3) summer interns (7) Youth Program volunteers (3)
and the Greenhouse Manager Support Executive Director in execution and initial management of four season’s
greenhouse.
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PDF Created with deskPDF PDF Writer - Trial :: http://www.docudesk.com
P75V.
LETTER OF UNDERSTANDING/AGREEMENT
BETWEEN ASPEN T.R.E.E. AND COZY POINT RANCH, LLC.
This agreement defines the terms and sets forth the conditions of an agreement between COZY POINT RANCH,
LLC (hereafter referred to as “the Ranch”) represented by Monroe Summers as the primary lease holder of the
property, and ASPEN T.R.E.E. (also doing business as CAMP REGENERATION) a 501 (c)((3) non profit
(hereafter referred to as Aspen Tree) represented by Eden Vardy, whose purpose is to collaborate with the Ranch
in the annual Camp Cozy Point summer riding program, and whose mission is to Support and Encourage
Creative, Sustainable, and Regenerative Education and Living Practices in the Roaring Fork Valley and Beyond
through Practical Demonstration.
TERMS
The term “summer riding camp” describes the variety of supervised activities provided for children on the ranch
during the summer months of June, July and August. Daily activities may include, but are not limited to: riding
lessons, instruction in horse care, classroom assignments, art projects, guest speakers, riding demonstrations, pony
rides, and the various horticultural, ecological and animal husbandry demonstrations provided for campers in the
ASPEN T.R.E.E. “sustainable farmyard.”
The Ranch and Aspen Tree agree that this understanding is for a period of one calendar year and will
automatically renew every subsequent year, assuming both parties remain in agreement. Rent for the “Sustainable
Farmyard” for the Calendar year 20 will be $ .
This agreement may be revised or edited annually with the mutual agreement of both parties. Either party may
cancel this agreement with 60 days written notice.
CONDITIONS
The conditions for both parties regarding the use of the property are hereby defined and agreed to as follows.
The Ranch will provide the following:
1. Use of the “Sustainable Farmyard” plot, its buildings, fencing, infrastructure, gardens and surrounding
paddock.
2. Public Restrooms, registration desk, snack shop and picnic area during the summer months. Occasional use of
the tack shop meeting hall year round with advanced reservations.
3. Utilities necessary to operate the “sustainable farmyard” including electricity and water.
4. Parking and storage for Aspen Tree’s vehicles and equipment.
5. General maintenance of the property used for the summer camp program including but not limited to
buildings, fences, roads, gates, tie rails, arenas, footing, trails on the property, etc.
Aspen Tree will provide the following:
1. A supervisor whose on-site responsibilities are: daily supervision of the children entrusted to their care during
the yearly agreed to times allotted including sign-in and registration with parents; scheduling daily activities;
developing the daily learning plan; dispensing and enforcing the “sustainable farmyard rules”; supervising
additional staff or volunteer help; and communicating and cooperating with ranch management about issues
germane to a safe, successful, educational and enjoyable camper experience.
2. On and off-site management of the Aspen Tree Programs includes monthly bookkeeping and yearly
accounting records, donor/client billing and collections, advertising and marketing, accounts payable and
good credit relations, payroll expenses and taxes, employee records and benefits, Tax return preparation,
insurance for general liability and workman’s compensation
3. Aspen Tree will provide its own tools and equipment necessary to maintain and operate the gardens, and the
poultry house.
P76
V.
4. Aspen Tree will provide daily cleaning and maintenance of all mutually agreed upon areas under its
responsibility including trash collection, manure collection and composting, tool storage and tidying up of all
areas of the “sustainable farmyard”
ADDITIONAL STIPULATIONS.
1. Aspen Tree will identify the City of Aspen and Cozy Point Ranch, LLC as additionally named insured on its
general liability and workman’s compensation policies and will furnish copies of the policies or riders to
Ranch Management.
2. Rules of the “sustainable farmyard” will be conspicuously posted by Aspen TREE so that all parents and
children will be aware of and will abide by them.
3. Any and all new improvements, fencing, or changes to existing infrastructure (with the exception of gardens)
must be reviewed and approved in advance by Ranch Management.
4. Ranch Management reserves the right to undertake any mutually agreed upon changes or improvements with
its own personnel, equipment and supplies and be reimbursed for same in a timely manner through its parent
company Summers Properties West, Inc...
5. Any improvements attached to the land automatically become the property of the City of Aspen and subject to
the control of the leaseholder, Cozy Point Ranch, LLC. If for any reason, this agreement is not renewed;
Aspen TREE abandons the site; or becomes unable physically or financially to successfully manage this
attached infrastructure: Aspen TREE further agrees that it will, within a period of 60 days and upon the city
and/or leaseholder’s direction , remove at its expense, any attached structures that they wish removed.
6. Aspen TREE and the Ranch have an agreement for boarding of two alpacas in the hutch built by Aspen TREE
Any additional animals, other than poultry, boarded at the ranch by Aspen tree or It’s supporters will require
prior approval and be subject to the Ranch boarding contract with fees paid for their care, custody and control
by Cozy Point Ranch, LLC under the same terms and conditions listed in the Cozy Point Ranch LLC
Boarding Agreement as our equine guests..
7. Aspen tree will insure that it’s Board of Directors, employees, volunteers and donors are fully apprised of its
relationship with the Ranch and the terms and intent of this agreement.
8. Aspen Tree agrees to indemnify and hold the Ranch and the City of Aspen harmless from liability for claims for
damages arising directly or indirectly out of, or in connection with, any of its programs or activities, and from
liability from injuries suffered by any employee or other person in connection therewith. This indemnification
and hold harmless provision shall extend to and include all attorney's fees and costs incurred by the ranch or the
City of Aspen in connection with such actions or claims. Aspen Tree agrees to defend any suits that are brought
against the Ranch or the City of Aspen in connection with the “sustainable farmyard” or this agreement.
AGREED TO THIS DAY, _____________________________ 20_____, BY THE PARTIES REPRESENTED
IN THIS AGREEMENT AND WITNESSED BELOW:
ASPEN T.R.E.E. COZY POINT RANCH, LLC
by: _______________________________ by: _____________________________
Eden Vardy Monroe Summers
P77
V.