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HomeMy WebLinkAboutagenda.council.regular.202205241 AGENDA CITY COUNCIL REGULAR MEETING May 24, 2022 5:00 PM, City Council Chambers 427 Rio Grande Place ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://zoom.us/j/95799823081?pwd=czlJS0ZMYitKdUVuaGVDOFFhbGt4dz09 Passcode: 81611 Or join by phone: Dial: US: +1 669 900 6833 Webinar ID: 957 9982 3081 Passcode: 81611 I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VA.Month of the Young Child Proclamation VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) 1 2 VIA.Resolution #068, Series of 2022 - 949 W. Smuggler Extension of AspenModern Voluntary Landmark Designation Negotiation Period VIB.Resolution #069, Series 2022 - Open Space Partnership Acquisition Draft Minutes of May 10th, 2022 VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES VIIIA.Ordinance #12, Series of 2022 - 949 W. Smuggler AspenModern Voluntary Landmark Designation, Growth Management, Subdivision and TDR and Notice of Call-Up of HPC Resolution #7, Series of 2022 Ordinance #09, Series of 2022 - Short-term Rental Regulations IX.PUBLIC HEARINGS IXA.Ordinance #11, Series of 2022 - Municipal Code Revisions - Trails X.ACTION ITEMS XI.EXECUTIVE SESSION Executive Session: Pursuant to C.R.S. Section 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (4)(f) Personnel The specific items of discussion involve the following: 1) The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158. 2) The lease, transfer or acquisition of real property or property interests, contract negotiations, and communication with counsel regarding such subjects. Due to market forces, negotiation strategies and confidentiality demands of parties involved, and necessitated by the subject of the specific legal advice, which further disclosure would be a detriment to the City’s strategic position, the exact properties cannot be disclosed. 3) City Attorney Review XII.ADJOURNMENT 2 PROCLAMATION 1881 PROCLAMATION City of Aspen, Colorado Incorporated 1881 WHEREAS,The first years of a child’s life are the period of the most rapid brain development and lay the foundation for all future learning; and WHEREAS,76% of children in Pitkin County have all available parents in the workforce; a high percentage of parents return to work in the first six weeks after the birth of a child when childcare is available; and WHEREAS,Participation in high–quality early childhood education saves taxpayer dollars, makes working families more economically secure, and prepares children to succeed in school, earn higher wages, and live healthier lives; and WHEREAS,High–quality early childhood education depends on high–quality early childhood educators who ensure that children, supported by families, have the early experiences they need for a strong foundation; and WHEREAS, The average wage for child care providers, who are skilled and valuable front-line professionals who have risked their health to provide education and care during a global pandemic, averages $22 an hour, or $45,760 annual gross income in Pitkin County; and WHEREAS,At the same time, the cost of one year of childcare averages over $18,000. These costs, which frequently exceed the cost of a year of college tuition, are often paid by new parents, who can least afford it; and WHEREAS, We celebrate the 32 nd Anniversary of the Month of the Young Child in Aspen, and the contributions of the City of Aspen and Kids First, so that we can continue to recognize and advance early childhood education. NOW, THEREFORE BE IT PROCLAIMED, May 2022 as Month of the Young Child In the City of Aspen and urge all citizens to recognize and support the valuable and important contributions of early childhood educators and families in our community. Nicole Henning, City Clerk Torre, Mayor 3 Page 1 of 2 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THRU: Phillip Supino, Community Development Director MEETING DATE: May 24, 2022 RE: Resolution #068, Series of 2022, 949 W. Smuggler Extension of AspenModern Voluntary Landmark Designation Negotiation Period SUMMARY: On March 31, 2022, Community Development declared complete a land use application for AspenModern historic landmark designation and redevelopment related to 949 W. Smuggler Street. The proposal is exempt from the applicability of Ordinance #27, Series of 2021 and Ordinance #6, Series of 2022, ordinances which generally placed a temporary moratorium on residential development, and has been allowed to proceed because land use reviews involving voluntary AspenModern landmark designation are specifically permitted to be processed at this time. Submittal of the application initiated a Land Use Code-mandated 90-day timeframe within which the review process and negotiation for any site-specific preservation benefits is to be finalized between the property owner and City Council. Prior to Council review, designation requires recommendations from HPC. This process is complete. While Council First Reading of the AspenModern designation ordinance will occur during the 90-day window prescribed by code, Second Reading needs to be delayed until July 12th due to the schedule for Moratorium code amendment adoption, therefore an extension is necessary. Staff and the applicant request Council extend the negotiation period by 14 days, from June 29, 2022 to July 13, 2022. Additional extensions may be granted by Council if necessary, if the applicant is amenable. APPLICANT: Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668, Sterling, Colorado 80751 PROJECT ADDRESS: 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003. PROPOSED MOTION: “I move to approve Resolution #068, Series of 2022, extending the AspenModern negotiation period for 949 W. Smuggler Street to July 13, 2022.” 4 Page 2 of 2 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com CITY MANAGER COMMENTS: __________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ EXHIBITS: Resolution #068, Series of 2022 A. Applicant agreement to extension 5 RESOLUTION #068 SERIES OF 2022 RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ASPEN MODERN NEGOTIATION PERIOD RELATED TO THE PROPERTY LOCATED AT 949 W. SMUGGLER STREET, LOT 2, VANDEMOER HILL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-122-12-003 WHEREAS, Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668, Sterling, Colorado 80751, has requested approval for AspenModern historic designation for their property located at 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, pursuant to Section 26.415.025.C.1, a ninety-day timeframe within which the applicant and City Council agree to evaluate the proposed designation commenced on March 31, 2022 and will expire on June 29, 2022; and WHEREAS, the property contains historic architectural resources, the preservation of which will support the historic preservation policies and objectives of the City of Aspen; and WHEREAS, a public hearing cannot be scheduled before City Council until July 12, 2022, therefore staff and the property owner are in agreement that a 14-day extension of the negotiation to July 13, 2022 is appropriate to allow additional time to discuss options for the property; and WHEREAS, City Council finds that the extension of the historic designation negotiation period furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The 949 W. Smuggler AspenModern landmark designation negotiation period established by Aspen Municipal Code Section 26.415.025.C is hereby extended to July 13, 2022. APPROVED by the Aspen City Council at its regular meeting on May 24, 2022. Approved as to form: ______________________ James R. True, City Attorney Attest: Mayor: ______________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor 6 From:Amy Simon To:Amy Simon Subject:949 Council meeting date change Date:Monday, May 16, 2022 9:16:12 AM   From: Chris Vandemoer <cvandemoer@outlook.com>  Sent: Tuesday, May 3, 2022 9:23 AM To: mitch hlpaspen.com <mitch@hlpaspen.com> Cc: Derek Skalko <derek@1friday.com>; Amy Simon <amy.simon@aspen.gov> Subject: RE: 949 Council meeting date change   Amy an Mitch, Although I am never thrilled about delays, it seems that the timing issue is somewhat out of your control and Amy needs to be present at the meeting. I agree to extent the 90 day Aspen Modern negotiation and Council’s 2nd reading until July 12th. Thank you all for your time spent on this process.   Chris   Sent from Mail for Windows     7 MEMORANDUM TO:Mayor and City Council FROM:Matt Kuhn, Parks and Open Space Director THROUGH:Austin Weiss, Director of Parks and Recreation Diane Foster, Assistant City Manager MEETING DATE:May 24, 2022 RE:Resolution #069, Series 2022 - Moore Ranch Acquisition Partnership Funding REQUEST OF COUNCIL: Parks and Open Space staff seek Council support for a $1 million dollar contribution towards the acquisition of open space property in partnership with Pitkin County Open Space and Trails. The property under consideration is the Moore Ranch located north of Aspen along McClain Flats Road. If Council approves this partnership, staff will return to Council with a Memorandum of Understanding (MOU) with Pitkin County that will outline the final terms of the partnership. SUMMARY / BACKGROUND: Pitkin County Open Space and Trails staff have been working with the landowners, Tom and Carolyn Moore, to conserve the important and historic 274 acre property along McClain Flats Road. These discussions have resulted in an agreement that conserves the property in two general parts, with roughly 95 acres of property to the west of McClain Flats Road being conveyed directly to the County, while placing a conservation easement on the remaining 179 acres of land. The agreement price is $10 million, and the Pitkin County Open Space and Trails Board have agreed to $9 million towards the acquisition. The Board of County Commissioners will consider the contract at their May 25, 2022 meeting. The City’s Open Space and Trails Board reviewed this request at a meeting on September 16th, and unanimously recommended that staff continue to work on the conservation of the parcel in collaboration with Pitkin County Open Space and Trails. Partnerships between the City and the County have been somewhat common over the years. The City and County have partnered on projects such as Sky Mountain Park (City contribution $1m), James H. Smith parcel at North Star ($6.75m split), Smuggler Mountain Open Space ($7.5m each). Additionally, the City has solely acquired open space outside the City limits, notably at Cozy Point Ranch and the Aspen Mass properties. 8 DISCUSSION: Staff reviewed the proposal with the Open Space and Trails Board during executive session in mid- September, and with City Council on September 28th. There are several elements of this proposed acquisition that benefit the City and our interest in open space and conservation. This parcel is positioned near several other City open space parcels, and the conservation of the agricultural uses on the property in this area is important and would emphasize the importance of agricultural heritage whilst maintaining the ability to produce hay for use at Cozy Point Ranch. Further, the lower bench of the 95 acre open space parcel is intact sagebrush habitat adjacent to the Rio Grande Trail. The preservation of this parcel adds to the conserved land within the Roaring Fork Gorge landscape, and also ensures that the County and the City are able to maintain the corridor for recreation and transit along the Rio Grande Trail. Finally, the partnership between the City and County Open Space and Trails program remains a strong collaboration, and a 10% contribution to this acquisition illustrates our commitment to joint projects and broader scale landscape management and conservation. Staff have reviewed the most current Long Range Plan for the Parks (100) Fund. Based on the current LRP forecasts, and given projected capital projects and increasing sales tax revenue in consideration, a contribution of $1 million within the 2022 budget would not impact fund balance and target reserves negatively. Staff propose that a $1 million dollar contribution be made for the acquisition of the parcel and conservation easement, and that this be added to the 2022 budget in the fall supplemental cycle. Additionally, staff will work with Pitkin County Open Space and Trails to draft a MOU that outlines the payment of funds to the County. There is precedent for this type of agreement and has been used in past acquisitions such as at Smuggler Mountain Open Space. FINANCIAL/BUDGET IMPACTS: The sale price of this parcel is $10,000,000, and Pitkin County has pledged $9,000,000 towards the acquisition. The proposed 2022 Parks and Open Space budget does not reflect this expenditure, and if Council directs staff to proceed with a partnership on this acquisition, staff will include this funding request in the 2022 Fall Supplemental request. The current Parks and Open Space fund has sufficient reserves to cover this acquisition at $1,000,000. ENVIRONMENTAL IMPACTS: There are many environmental benefits to preserving this land. Most notably, the preservation of this parcel will help maintain the integrity of an important wildlife corridor, for a variety of animals such as elk and migratory songbirds, and shall serve as a continued connection to numerous conserved lands in the surrounding area. ALTERNATIVES Council could choose to not pursue the acquisition of this property, and direct staff to not partner with Pitkin County for the conservation of the parcel. Council could direct staff to partner for an amount other than the proposed staff recommendation. STAFF RECOMMENDATIONS: Parks and Open Space Staff recommends a partnership contribution of $1,000,000 towards the contract to purchase the Moore Ranch parcel and conservation easement. 9 CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Vicinity Map Exhibit B – Parcel Detail 10 RESOLUTION # 069 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A ONE MILLION DOLLAR CONTRIBUTION TO PITKIN COUNTY FOR THE PURCHASE OF REAL PROPERTY IN PITKIN COUNTY KNOWN AS THE MOORE RANCH. WHEREAS, there has been submitted to the City Council a request to contribute $1,000,000 from the Parks Fund to Pitkin County Open Space and Trails for the acquisition of the Moore Ranch, that will be further detailed in a forthcoming Memorandum of Understanding between the City and Pitkin County; and WHEREAS, the City of Aspen Open Space and Trails Board recommends the contribution of City funds towards the purchase of this property; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said contribution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contribution of one million dollars towards the acquisition of Moore Ranch, subject to the final approval of the acquisition by Pitkin County and approval of a Memorandum of Understanding between Pitkin County and the City of Aspen regarding the contribution. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24 th day of May 2022. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, May 24, 2022. Nicole Henning, City Clerk 11 Pitkin County Highway 82 Rivers/Streams Moore Ranch Rio Grande Trail Pitkin County City of Aspen Conservation Easement Federal BLM USFS State Moore Ranch Sky Mountain ParkGOCO Funded 2011$2,500,000 Rio Grande TrailGOCO Funded(Lower Reach) City of Aspen Buttermilk Ski Area Snowmass Village Snowmass Ski Area Highland Ski Area Aspen Ski Area Seven Star RanchGOCO Funded 2004$750,000 Cozy Point SouthGOCO Funded 2005$700,000 Roaring Fork Gorge Planning Area Vicinity Map 12 13 1 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Mesirow present and Councilor Hauenstein joining via Zoom. Councilor Richards was absent. Mayor Torre read a proclamation and introduced several employees: John French, Lee Liebmann, Steve Saunders, Thor Knutson, Pitkin County Sheriff Anthony Todaro, Dr. Giora Hahn, and Paige Shapiro. This group of people acted quickly and saved the life of an adult hockey league player during a game as the player went into cardiac arrest. He read the proclamation and recognized the professionals who saved the players life. Mayor Torre invited each person who was present to say a few words. Mayor Torre introduced the swearing in of new officer Ethan Oster who graduated from the police academy last Friday. His family is here. Mayor Torre swore in officer Oster. CITIZEN COMMENTS: Gordon Leddingham – Mr. Leddingham said he is humbled to be here in person in the town that his family has been in for over a half century. He is here to make a request about short term rentals. He’s owned a condo here in town for many years. His mother Norma Dahl built it in the 1970’s. She had the Snow Queen Lodge. He is here trying to live in his unit and rent it part time. He’s asking council to keep this unit short term without limitations. He is surrounded by multi lodging projects and really thinks his unit should be included in the without limitation category. Councilor Mesirow said that Gordon reached out to him, and he understood that they had missed the deadline on getting a permit. Mr. Leddingham said their permit is inactive because when COVID happened, they started renting more long term. This was a special circumstance. Councilor Hauensteinasked if they have a business license and he said yes, and they’ve also always paid tax. Councilor Hauenstein suggested they consider this as part of the extension. He’s willing to listen and understands their circumstances. It’s in a residential neighborhood. We’ll look into this and discuss with staff. He said let’s look at the proposed ordinances and take it one step at a time. Junior from Mezzaluna – Mayor Torre introduced Junior and said he is back asking to waive the $500/day fine until his hearing in June. They have an existing roof structure over the patio and are in for permit for a similar roof structure. Tomorrow morning it will be reduced to 499 square feet from 566 square feet or so. The permit they are applying for is a patio covering of 499 sq ft. they are asking to leave the structure up, but to modify it down to the new amount. Philip Supino, Community Development Director, said it’s his understanding that on the 21 st, the Planning & Zoning Commission will review this request and either approve or deny on that date. If it’s approved, they would submit a building permit and then have it reviewed and issued from there. The structure would stay up and they would reuse the existing roof. Councilor Hauenstein said no one likes to say no and he has a long history of being a valued member of this community. His concern is that they are circumventing the process and his cursory look is that a street level public amenity needs to be open to the sky. He doesn’t want to go to war over this but doesn’t want to make an exception when everyone else complied. Councilor Doyle saidthe last time this question was before us, there were three places asking for an exception, but making exceptions, makes more complexity. He said that Jing and Mi Chola were very gracious regarding the outcome of the last meeting and Mezzaluna was less than gracious. However, he 14 2 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 doesn’t feel good about throwing material away that is perfectly good. He will let this go forward but is not happy about it. Mr. Supino said there would be a mitigation fee, and Junior agreed that he is aware of that. Councilor Mesirow said he is in support and comfortable with the request. If it’snot approved, it’s gone the next day and that seems perfectly reasonable. James R. True, City Attorney, said it’s important for the city to treat people equally. They have an application in and a hearing set. There may be others out there in a similar position and we would need to treat them the same way. Councilor Mesirow said this is a unique situation. Mr. Supino suggested that Mezzaluna sign another temporary waiver in the event of a life safety situation, so the liability would fall on them until the structure meets our requirements. Councilor Hauenstein is going to object to this and make the rules apply equally. His heart says yes but his head and fairness say no. Mayor Torre is going to support this. He said if he’s wrong, he will be wrong. He’s ok with allowing it. Councilor Doyle said this is a tough one. He finds it hard playing favorites, but you’re promising to use the stuff that’s already there. He’s reluctantly supporting. Mr. Supino said that we will get inquiries from other businesses on private property. He doesn’t know what to say to them. He’s concerned about staff’s ability to staff the COVID program. Mayor Torre said the delineation is clear on this. It’s existing. It’s also important that they have been in this permit process for some time now. Councilor Hauensteinasked Mr. True what the proper procedure is for this since it’s not an action item. Mr. True reiterated that he doesn’t want this to be a one off. If there are others in the same position, we need to do the same for them. Staff will treat everyone who is in a similar or equal position the same. We don’t need a formal action, just understand intent and direction of staff. We will recognize or evaluate who else is in the same position. COUNCIL COMMENTS: Councilor Hauenstein, (calling in from Costa Rica), saidvacations are necessary and everyone should take one. Councilor Doyle gave his climate news from today’s Guardian regarding snow and water. He spoke about Lake Powell. There is no escape from a third poor runoff year in a row. It’s beautiful outside though. Councilor Mesirow said he moved this weekend. Studios aren’t for everyone, but they are for somebody. Diversity of housing is important. He loves his new place. Mayor Torre read the Arbor Day proclamation presented by the Parks Department. Arbor Day is May 21st. A celebration will take place in Paepcke Park. Folks will need to show proof of residency for a free 15 3 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 tree. Hot dogs and drinks are available. This will be from 9-12pm on Saturday and the tree giveaway starts at 10 am. Our community is doing very well in terms of COVID, but people out there are still getting it and getting sick from it. Please be mindful and do what you can to stay safe. He would like to recognize some community members that we have recently lost. Michael and Susie Lee and Michael Reveal. Please keep them in your thoughts and prayers. They will be missed. CITY MANAGER COMMENTS: Diane Foster, Assistant City Manager,reminded folks it’s wildfire season. We had a scare the other day, so it’s a good reminder to have a go bag ready. BOARD REPORTS: Councilor Hauenstein said they are whittling down the list for the CORE director. He said he was on a tour today in the jungle and was informed that Costa Rica has 98% renewable energy. Councilor Mesirow said he had APCHA and reviewed a variety of regulationchanges. Yes, we want to consider them. They also held their first Facebook live and will also have a Spanish offering. Mayor Torre said this Thursday he has RFTA and then a Board of Health retreat. He sent the agenda to the councilmembers, so if you have comments before the retreat, please share. CONSENT CALENDAR: Councilor Hauenstein said he would like a discussion on Resolution #067. Resolution #067, Series of 2022 – Professional Services Agreement – Interim IT Director Services – Dian Foster Ms. Foster said she will be handling this for Alissa Farrell. Councilor Hauenstein asked what assessments the staff will be doing and if IT will be staying in the old building. He asked if cyber security will be assessed. Ms. Foster said the expenses can be covered under departmental savings. We do have housing in available in Water Place. Staff is working with Sara Ott on staff location. Alissa Farrell has spent a lot of time recently with the IT staff and is starting to understand where they are and what their needs are. The firm being hired, will provide interim IT support and they recommend an evaluation. Councilor Mesirow motioned to approve the consent calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #11, Series of 2022 – Municipal Code Revisions – Trails – Matt Kuhn, Parks Director and Brian Long, Open Space & Trails Supervisor Mr. Kuhn said about nine months ago, they decided it was time to review the trail section. Mr. Long has worked with the Open Space & Trails Boardand others to complete this. A special thanks to the attorney’s office for their help as well. Mr. Long said these are timeless and include: announcing as you pass, requiring bells on rental fleets, etc. and a lot of this was a long time in need. Some of it is in response to COVID regarding ebikes, etc. and a lot has to do with trail etiquette. There are changes to whichvehicles are allowed on the trail 16 4 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 system. On advisement of the city’s Open Space & Trails Board, it comes down to user behavior and not the device they are on. This code reflects that. Ranger staff is four this summer making sure everyone plays nice. Councilor Hauenstein suggested limiting speed of ebikes on the trail system. He wants to know if that could also be implemented here for safety. Mr. Kuhn said that Mr. Long spent a lot of time on foot visiting all the bike shops in town and providing them with the code and discussing ebikes. Rental fleets larger than five bicycles, we would like to continue with the trend of requiring those users to watch a safety video that ACRA produced which provides etiquette and information. Councilor Doyle motioned to read Ordinance #11; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. Nicole Henning, City Clerk, read the ordinance. Councilor Hauenstein motioned to approve Ordinance #11 on first reading; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. ACTION ITEMS: – Food Truck Discussion – CJ Oliver, Environmental Health & Sustainability Director and Philip Supino, Community Development Director Mr. Oliver said this discussion is a product of the April 18th work session regarding questions surrounding food trucks. Mr. Oliver summarized the current rules and regulations and said the current land use code only allows vending on private property and in commercial zone districts. Staff would work with selected vendors to ensure all other City of Aspen requirements are met including food service licensing, business licensing, local air quality regs, and safety protocols for the right of way. This could be very time bound. City council could amend land use approvals. This would impact only the section of town included in the City Hall campus PD. It would have to go to P&Z review and would take some time before they could enact this. Council could amend the land use code to potentially allow vending in more areas of town with similar vending. Councilor Doyle said at first blush, he was very interested in food trucks, but with what Mr. Oliver just pointed out, that it would add more work to staff and with what’s already going on, he’s not interested in moving forward with this. Mayor Torre said Councilor Richards sent him her thoughts earlier in the day. She would rather spend the time and dollars on getting Tasters open again, and she’s aware of what this might do to other businesses in town. Councilor Hauenstein said he doesn’t want to open up a PD or go through the process of the land use code. He would like to just do this for the interim. The Armory could be part of the process. We could do RFP for the Taster’s location. He’s concerned how it would affect a number of affordable food locations within a short distance to this location. Councilor Mesirow said he doesn’t want to delay moratorium work for this, buthe’s excited that we are finally talking about food trucks. He’s a little deflated by Councilor Doyle and Richards, but it’s about time we do something that other communities have been doing. He said we can test it out before we go changing the code. We could have a couple different trucks, which would be welcome and overdue. He’s had two operators reach out to him directly: an antique truck with ice cream and an Indian food truck. 17 5 REGULAR MEETING ASPEN CITY COUNCIL MAY 10, 2022 We can seek out some creativity. He recognizes the concern with competition but said this is short sighted. Mayor Torre said they are looking for a summer season term. A food truck wouldn’t land there again, and this would just be through the summer. He would like this person to use compostables. Ms. Foster said this is a yes or no from Philip as to whether it would take away from moratorium work. Mr. Supino said they can get there from a staffing perspective. He asked if we would have limited hours and limited days and Mayor Torre said that conversation would start with the vendors and a realistic view of what that would look like. Ms. Foster asked if it needs to be affordable and Mayor Torre said yes, but he doesn’t know how to define that. She said they can do an RFP to figure out what’s available and come back to you with this if that is what we’re going to do. She said the goal is to provide affordable food options and that the police will thank you. Mr. Supino said there are three parking spaces in front of Tasters and in the event that four or more responses are received, he asked if they should fill all of the available spots. Mayor Torre said it depends on what we see for applicants. Mr. Supino asked if they would like for them to come up with a fee structure and they all agreed, yes. Ms. Foster asked about a local preference and council said yes. Mayor Torre said hopefully this will be a fun adventure and bring back some messy vitality. Hopefully this will be fun and exciting. Councilor Hauensteinmotioned to adjourn; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Torre, yes. 4-0, motion carried. _____________________________ Nicole Henning, City Clerk 18 Page 1 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THRU: Phillip Supino, Community Development Director MEETING DATE: May 24, 2022 RE: First Reading, Ordinance #12, Series of 2022, 949 W. Smuggler AspenModern Voluntary Landmark Designation, Growth Management, Subdivision and TDR and Notice of Call-Up of HPC Resolution #7, Series of 2022 APPLICANT /OWNER: Vandemoer Family, Inc., Chris Vandemoer REPRESENTATIVE: Haas Land Planning 1 Friday Design LOCATION: Street Address: 949 W. Smuggler Street Legal Description: Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2735-122-12-003 CURRENT ZONING & USE: Single-family home, R-6: Medium Density Residential PROPOSED ZONING & LAND USE: Subdivision; Parcel A with two detached homes, Parcel B with one Single-family home. R-6: Medium Density Residential SUMMARY: The applicant has offered voluntary AspenModern historic designation of a 1946 Chalet style home, and requests Major Development, Relocation, Demolition, Variations, Growth Management, Subdivision and TDR, and other preservation benefits be approved for a project which involves preserving the resource in place and the development of two new adjacent homes in the future. STAFF RECOMMENDATION: Staff recommends Council grant approval of Designation and benefits, Growth Management, Subdivision, and Transferable Development Rights, and recommends Council uphold Notice of Call Up as required by HPC’s approval of Major Development, Relocation, Demolition and Variations. Site Locator Map – 949 W. Smuggler 949 19 Page 2 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 949 W. Smuggler is an 18,000 square foot lot located in the R-6 zone district. The site contains a 1946 Chalet home, which is essentially unaltered, and two related outbuildings, built by the family who has owned the property for 75 years. The site has no landmark protection in place and has long been identified as a priority for preservation through AspenModern. REQUEST OF CITY COUNCIL Council is asked to address the following: • AspenModern Historic Designation (Section 26.415.025 and Section 26.415.030) for negotiation of a voluntary designation. • Growth Management (Section 26.470.080 and 26.470.100) to provide an allotment for Parcel B, the corner lot. • Major Subdivision (Section 26.480.070) to divide the existing parcel in two. • Transferable Development Rights (Section 26.535.070) to allow one TDR to be severed from Parcel B, the corner lot. • Notice of Call Up (Section 26.415.120.B) for Council to review HPC’s approval of Major Development, Relocation, Demolition and Variations. This application was permitted to be submitted during the current residential development moratorium because the Council ordinance specifically exempted voluntary AspenModern designations from being held up. The Historic Preservation Commission (HPC) provided decisions on review processes which are fully assigned to the board, and made a recommendation to Council on those processes which must be approved by Ordinance. This application has been designed to secure HPC Conceptual and Final review at one stage. Following Council approval, if granted, the proposed development will be eligible to proceed to building permit review. Submittal of an AspenModern application triggers a 90 day negotiation period, during which the applicant and City attempt to find agreement and passage of a designation ordinance within three months. The negotiation is proposed to be extended by 14 days under a separate action by City Council. Extension is needed due to full Council agendas related to the Moratorium ordinances. The applicant has agreed to the delay. STAFF COMMENTS: As detailed in Exhibit A, Historic Designation and Benefits, Staff and HPC support the voluntary landmarking of this property as one of the best and most intact examples of a Chalet style home in Aspen. The City has adopted a scoring system to provide an objective analysis of the physical integrity of the structure under consideration for designation. The property has scored of 19 out of a possible 20 points, identifying 949 W. Smuggler as a particularly significant remaining 20 Page 3 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com example of a modest housing type that was common and important to the early development of the ski resort. Following is a summary of staff findings. Please see Exhibits A through E for findings on the reviews to be addressed by Council and Exhibits F and G for HPC’s review of the processes subject to Notice of Call Up. In exchange for designation the applicant has requested the following benefits: 1. A full waiver of compliance with the Residential Design Standards for a proposed new home on Parcel A, the Chalet lot. 2. A waiver of the requirement to comply with slope reduction on Parcel A, the Chalet lot. 3. A determination that the fence near the entry to the Chalet home is original and historically significant and should remain in place (with maintenance and repair as needed) and be granted a permanent encroachment license to sit in the public right-of-way. 4. Setback variations for development on Parcel A, the Chalet lot, and Parcel B, the corner lot, to place future development in a manner that preserves the integrity of the historic Chalet, and public views of it. 5. Removal of development rights on Parcel B, the corner lot, through the severing of one TDR. This is paired with the applicant forgoing 30 square feet of allowed floor area on that lot. 6. Deferral of affordable housing mitigation on Parcel A, the Chalet lot. 7. Negotiation of affordable housing mitigation requirements on Parcel B, the corner lot 8. 10 years vested rights. Staff finds these requested benefits to be reasonable in consideration of the community benefit of preserving this home in perpetuity. HPC has recommended the applicant drop their request for benefit 2, waiver of slope reduction compliance. A small amount of floor area is removed from the allowable development of the property due to the presence of a small embankment on the west side of Parcel A. HPC finds that compliance with this reduction is appropriate. HPC also recommended the applicant forgo benefit 6, a request to defer affordable housing mitigation on Parcel A. Staff recommends the request for 10 years vested rights be eliminated as the land use code is being revised currently and if the property owner does not act on this approval within the three years of vested rights provided by state statute, the new provisions should apply. Staff supports the voluntary designation of this property as one of the best and most intact examples of a Chalet in Aspen. This is likely among the first buildings constructed here after World War II and is therefore particularly illustrative of the early spirit of the ski resort. Staff finds that benefits for designation are very important in consideration of the community gain from preservation of this important piece of Aspen history. 21 Page 4 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com The attached ordinance states the benefits recommended for approval. Two not listed above were deferred by HPC to Council and require evaluation. The applicant requests approval to mitigate the affordable housing impacts on all development on this property as an Administrative Exemption, according to the land use code in place at the time of building permit application. Exhibit B illustrates that mitigation for Parcel B, as a lot requiring a Growth Management allotment, is approximately 4.5 times greater than provided in an Administrative Exemption. These provisions are all subject to amendment as part of the moratorium, and the applicant will mitigate according to the new ordinance, however the general premise that mitigation other than an Administrative process will be significantly higher is likely. Staff recommends Council consider all possible flexibility on the applicant’s request as it is meaningful to their ability to offer designation. The second topic for Council input is the idea of a possible City purchase of Parcel B, after Ordinance adoption. This is a staff generated idea that has been coordinated with Asset Management and the City Manager’s office, and discussed with the applicant. It is in no way being suggested as a condition of the negotiation. With the idea that any opportunity to develop affordable housing in town should be explored, the applicant may be willing to offer the City a 30 day exclusive window to negotiate a purchase of Parcel B, the corner lot following the adoption of this Ordinance. If that were the case, language in the conditions of approval needs to be modified to ensure that affordable housing development is provided as an alternative to a single family home. Staff has provided a draft of such language in the proposed ordinance. In summary, staff and HPC find that the designation and project approach model the ideal preservation outcome. The Chalet is preserved with no addition, and new construction is detached and located at the rear and side of it. Staff and HPC have no concerns with the alley house design. In order to ensure that the future development of the corner lot supports preservation and public visibility of the Chalet, staff and HPC supported setback variations to place that home towards the rear of the lot. The project has heritage preservation value to the community. NOTICE OF CALL-UP As is customary with HPC reviewed projects, Council is provided with a Notice of Call-Up for the development aspect of the project. As prescribed by code, following the adoption of a resolution approving, approving with conditions or denying a Conceptual Development Plan application for a certificate of appropriateness for major development, demolition approval or relocation approval of a designated property, HPC shall promptly notify the City Council of its action to allow the City Council an opportunity to avail itself of the call-up procedure. Council may uphold HPC’s decision or may remand it to require reconsideration of specific issues. HPC’s decision on remand, is a publicly noticed hearing, shall be final. After careful review of the project relative to the historic preservation design guidelines, HPC approval was granted by a 6-0 vote with one abstention. The HPC memo, resolution, application and minutes are attached as Exhibit F. Staff recommends Council uphold the Commission’s 22 Page 5 of 5 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com decision and allow the project to proceed through the designation review which will be presented to Council for First Reading at this hearing. RECOMMENDED MOTION: “I move to approve Ordinance #12, Series of 2022 on First Reading and to uphold HPC’s approval for Major Development, Relocation, Demolition and Variations at 949 W. Smuggler Avenue.” CITY MANAGER COMMENTS: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ATTACHMENTS: Ordinance #12, Series of 2022 Exhibit A – Historic Designation and Benefits Criteria/Staff Findings Exhibit B – Growth Management Criteria/Staff Findings Exhibit C – Subdivision Criteria/Staff Findings Exhibit D – TDR Criteria/Staff Findings Exhibit E – Application Exhibit F – HPC packet related to Notice of Call Up Exhibit G – HPC draft resolution 23 Ordinance #12, Series of 2022 949 W. Smuggler, AspenModern designation Page 1 of 5 ORDINANCE #12 (Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, SUBDIVISION, GROWTH MANAGEMENT AND A TRANSFERABLE DEVELOPMENT RIGHT FOR THE PROPERTY LOCATED AT 949 W. SMUGGLER STREET, LOT 2, VANDEMOER HILL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-122-12-003 WHEREAS, the applicant, Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668, Sterling, Colorado 80751, has requested review of AspenModern Historic Designation and Benefits, Major Development, Relocation, Demolition, Variations, Subdivision, Growth Management and a TDR for the property located at 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003; and WHEREAS, the proposal has been deemed to be exempt from the applicability of Ordinance #27, Series of 2021 and Ordinance #6, Series of 2022, ordinances which generally placed a temporary moratorium on residential development, and has been allowed to proceed because land use applications involving voluntary AspenModern landmark designation are specifically permitted to be processed at this time; and WHEREAS, the application was deemed to be complete on March 31, 2022 and is to be reviewed according to the land use regulations in affect prior to the adoption of Ordinance #27, Series of 2021. The date of completeness commenced a code mandated 90 day period for the City to negotiate historic designation with the property owner. Since the review process could not be completed within 90 days, City Council, through Resolution #068, Series of 2022, granted a 14 day extension of the negotiation period, from June 29 to July 13, 2022; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific benefits to secure voluntary historic designation; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, “the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;” and WHEREAS, the property owner and representatives met with the Historic Preservation Commission on April 13, 2022, April 27th, 2022 (site visit), and May 11, 2022, considered the application, the staff memo and public comments, and found that the property is a “best” example of AspenModern era architecture and the proposal is consistent with the review standards. HPC granted approval for Major Development, Relocation, Demolition, and Variations and recommended Council approval of AspenModern designation and Benefits, Subdivision, Growth 24 Ordinance #12, Series of 2022 949 W. Smuggler, AspenModern designation Page 2 of 5 Management, and Transferable Development Rights, with conditions, by a vote of 6 to 0, with one abstention; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property”; and WHEREAS, Section 26.415.025.C(1)d establishes that “as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;” and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby finds that 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado meets the criteria for landmark designation as an AspenModern historic resource. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following associated with this historic designation. 1. Designation will affect the entire property; Parcel A, the Chalet lot and Parcel B, the corner lot. As such, future development of Parcel B is subject to HPC Major Development Review and Residential Design Standards Review. 25 Ordinance #12, Series of 2022 949 W. Smuggler, AspenModern designation Page 3 of 5 2. A full waiver of compliance with the Residential Design Standards is granted for the new home on Parcel A, the Chalet lot, as a negotiated benefit. This house is not designed to relate to Smuggler Street and its character as an alley/back-drop structure is appropriate. 3. The applicant shall comply with slope reduction on Parcel A, the Chalet lot, rather than asking for a preservation benefit on this topic. 4. The fence near the entry to the Chalet home is original and historically significant and should remain in place (with maintenance and repair as needed) and shall be granted a permanent encroachment license to sit in the public right-of-way. 5. The applicant is asked to continue their excellent regular maintenance of the Chalet and to work closely with the Parks Department to preserve the significant trees adjacent to the home, while also taking note of the impacts of the tree roots and branches continually moving towards the historic structure. 6. For relocation of the chicken coop, a letter from an engineer or housemover demonstrating the structure is capable of withstanding the relocation, a plan for the safe relocation of the building, and a financial assurance in the amount of $15,000 will be required prior to building permit submission. 7. Setback variations are approved on Parcel A, the Chalet lot, for the “chicken-coop” and the proposed new home along the alley. The chicken-coop is permitted a 5 foot east setback where it should have 10 feet. The new house along the alley is permitted a 5 foot rear setback rather than the 10 feet required for proposed below grade space, a second floor deck, and a lightwell. 8. A combined sideyard of 15 feet is permitted on Parcel B, the corner lot, where 25 feet is required. A 30’ front yard setback is required, only above grade. These requirements may be adjusted by an affirmative vote of HPC at the time that development is proposed. 9. One TDR shall be severed from Parcel B, the corner lot, and the property will thereafter forgo 30 square feet of otherwise allowable floor area and be permitted the development of a single- family home of 3,240 square feet. A duplex or other residential structure is only permitted if this condition is amended by future action of City Council. Should affordable housing become a by-right use on this property, this shall be a development option, however the setbacks established above remain applicable. 10. The applicant shall withdraw the request for deferral of affordable housing mitigation on Parcel A, the Chalet lot, as a preservation benefit. 11. The applicant shall be permitted to mitigate the affordable housing impacts on all development on this property as an Administrative Exemption, according to the land use code in place at the time of building permit application. 12. If the property owner is agreeable, the City accepts the opportunity for a 30 day exclusive window to negotiate a purchase of Parcel B, the corner lot following the adoption of this Ordinance. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said 26 Ordinance #12, Series of 2022 949 W. Smuggler, AspenModern designation Page 4 of 5 property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following the adoption of this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003 Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 27 Ordinance #12, Series of 2022 949 W. Smuggler, AspenModern designation Page 5 of 5 Section 6: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Public Hearing A duly noticed public hearing on this Ordinance was held on the 12th day of July, 2022 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of May, 2022. FINALLY, adopted, passed, and approved by a __ to __ vote on this __ day of July, 2022. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Torre, Mayor Attest: _______________________ Nicole Henning, City Clerk 28 Page 1 of 5 Exhibit A Historic Designation and Benefits Criteria Staff Findings 26.415.030 Designation of Historic Properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. C. Aspen Modern 1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two (2) of the criteria a-d, and criterion e described below: a) The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b) The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c) The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d) The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e) The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. 29 Page 2 of 5 Staff Finding: According to the Pitkin County Assessor, and corroborated by this applicant, the Chalet home at 949 W. Smuggler was built in 1946-47 and appears to be one of the first new homes constructed in Aspen following World War II. The applicant is the great grandson of the original builder and the family has owned the property and used it as a vacation home continuously for 75 years. It is an excellent and unaltered example of European chalet references being incorporated into the architecture of the ski resort town, more fully detailed in the City’s historic context paper on the Chalet style of design in Aspen. Regarding the designation review criteria, staff finds that three of the five criteria are met (only one is required.) The home demonstrates the early development patterns of the ski town and it clearly demonstrates the following key features of the Chalet Style in Aspen; low pitched roof with deep eaves, decorative fascia, balconies, and railings with cut out motifs from nature. To judge the integrity of the property, the City developed, and City Council adopted scoring sheets. Staff agrees with the assessment provided in the application, which indicates the integrity score for this 30 Page 3 of 5 structure is a 19 out of 20, putting it in “best” range for historic integrity. Staff fully supports the designation of this property that contains the oldest and best example of a postwar Chalet style home in the community. Please note that although the applicant’s original proposal was to designate only the Chalet lot, it is necessary and mutually agreeable to designate the entire subject property to proceed with awarding of preservation benefits and to satisfy HPC interests in the placement and character of development on the corner lot. The designation of properties as AspenModern is voluntary and allows the applicant to request benefits on a case by case basis as follows. 26.415.025.C. AspenModern Properties. Properties associated with Aspen’s 20th century history shall be called AspenModern. Properties identified on the AspenModern Map shall be eligible for certain preservation benefits without being designated by City Council and may be awarded preservation incentives above and beyond those identified at Section 26.415.110, as follows. Property owners are encouraged to meet proactively with the historic preservation commission before undertaking development plans to receive preliminary feedback on appropriate development and benefits. 1. Ninety-Day Negotiation Period. In the case that the owner of a property on the AspenModern Map submits a land use application which includes voluntary landmark designation, a negotiation period of up to 90 days shall be initiated. A letter from the property owner indicating an understanding of this ninety-day negotiation period shall accompany the land use application. The ninety-day negotiation period may be extended an additional thirty (30) days upon a resolution adopted by the Council, or longer if mutually acceptable to both the Council and the property owner. Nothing herein shall prevent the City from reviewing any land use application or building permit affecting the subject property during the ninety-day negotiation period. Within the ninety-day negotiation period, the following shall occur: a) The Community Development Director shall offer to meet with the property owner to discuss the City's Historic Preservation Program and benefits that the property may be eligible to receive upon designation as a Historic Landmark. b) The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property’s conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional 31 Page 4 of 5 measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a “good, better, or best” example of Aspen’s 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council. c) The Community Development Director shall confer with the City Council regarding the proposed land use application or building permit, the nature of the property, and the staff and Historic Preservation Commission's assessment of its historic significance and the effects of the application or building permit. The property owner shall be provided notice of this meeting. d) The City Council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property. The City Council may choose to provide this direction in Executive Session, pursuant to State Statute. As part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations. Council shall consider the appropriateness of benefits in light of whether the property is identified as a “good, better, or best” example of Aspen’s 20th century history and shall also seek to be equitable in the benefits awarded through the negotiation process. The monetary value of benefits being requested shall be defined, to the extent possible. Council shall seek compatibility with the neighborhood surrounding the subject property. When benefits are awarded as part of the negotiation, Council shall require that the property be designated as a Historic Landmark, pursuant to the standards and limitations of Section 26.415.030, Designation of Historic Properties. As part of the mutually acceptable agreement, the City Council may choose to require the land use application or building permit that initiated the negotiation to be withdrawn by the property owner if said application or permit would have negatively affected the historic significance of the property. Once a property identified on the AspenModern Map is designated to the Aspen Inventory of Historic Landmark Sites and Structures, additional negotiation under this section is not allowed. e) If, upon the passage of 90 days or any extension thereof, the City and the property owner have failed to reach a mutually acceptable agreement, affected land use applications shall be issued a Development Order upon compliance with all applicable provisions of the City of Aspen Land Use Code. The City Council, or the property owner, may choose to terminate negotiations at any time. Staff Findings: The applicant has requested benefits related to voluntary designation, which are to be evaluated by HPC and recommended to Council. 32 Page 5 of 5 Staff finds that the preservation approach in this project is ideal and deserving of the City’s partnership. This is a voluntary landmark designation resulting in the Chalet being preserved in place with no addition, and all new construction completely detached. 33 Exhibit B Growth Management Criteria Staff Findings The applicant has indicated that affordable housing mitigation required by Growth Management will be provided according to the code in place at the time of construction. The mitigation standards are currently being amended as part of the moratorium on residential development, so current code is referenced below, but not binding. The proposal involves preserving one existing home without expansion, and the future construction of two new homes. As it stands, the subject property has the right to develop one new home through an Administrative Exemption to the Growth Management review system. This process will be applied to the home behind the Chalet. In order to receive the exemption, the owner must provide affordable housing mitigation. The existing code language at Section 26.470.090.a allows a property owner to select from a list of options which range from creating affordable housing on or off-site, to paying cash-in-lieu, or providing affordable housing credits. Full-time working residents may defer their mitigation until the time they sell to someone who is not. The applicant originally requested that, if they construct the unit behind the Chalet before the corner lot is sold, they would be allowed to defer affordable housing mitigation until one month after the corner lot is transferred to an unrelated party. If the corner lot is sold before the new house on the Chalet lot is built, mitigation will be paid when required at building permit issuance. APCHA has indicated that they are willing to accept this request by recording a binding agreement with the applicant, however, because the applicant has expressed that this sequence of development is unlikely, staff and HPC recommend the deferral be dropped from the AspenModern negotiation. The request to subdivide the applicant’s property into the Chalet parcel and a new corner parcel when it was itself recently created through a lot split action is required to be reviewed as Major Subdivision. According to Aspen’s land use code, a site can only be split once through a simple lot split review process and Growth Management exemption. The review standards below must be met. The calculation of affordable housing mitigation is significantly different. The applicant has requested that the corner lot be mitigated through the same methodology as the Chalet lot. 26.470.080. General Review Standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years from which the allotments are requested. 34 Staff Finding: The Growth Management Quota System allows for 19 new free-market homes that do not qualify under the exemption language noted above, to be approved per year. No allotments have been granted for 2022, so there are sufficient allotments for this proposal. Staff finds this review criterion to be met. B. Development Conformance: The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Staff Finding: The development is being reviewed for conformance with the Municipal Code and is seeking Conceptual Historic Preservation Commission approval. Staff finds this review criterion to be met. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Finding: No required improvements to public infrastructure have been identified at this time. Staff finds this review criterion to be met. D. Affordable Housing Mitigation. 1) For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. 2) For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100.G. 3) For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows: 35 Development Order applied for during calendar year - Mitigation required (percent of employees generated by the existing space that has previously not mitigated) 2017 15% 2018 18% 2019 21% 2020 24% 2021 27% 2022 30% 2023 33% 2024 36% 2025 39% 2026 42% 2027 45% 2028 48% 2029 51% 2030 54% 2031 57% 2032 60% 2033 63% 2034 65% 4) Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3, above. 36 5) For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. 6) For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. 7) For all affordable housing units that are being provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. b. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. c. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. d. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. e. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash-in-lieu payment may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. f. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. g. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430 8) Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). 37 Staff Finding: As stated above, the applicant has indicated that mitigation for both new homes will be provided at time of building permit, according to the codes in effect at the time of building permit. This is the standard process. Because this application is the second subdivision of the former Vandemoer/Hill property that stretched from 8th street to Power Plant Road, the form of required mitigation for the corner lot is significantly higher than a standard townsite lot. This additional subdivision is perceived as new growth in the way that an unsubdivided lot is not. Under the current code provisions, mitigation for the corner lot would be approximately as follows: 3,240 of allowed floor area x 30%= 972 square feet. To convert the 972 square feet into employees to be mitigated, divide by a standard number established as 400 square feet of livable area needed per full-time equivalent employee, so the required mitigation would be 2.43 FTEs. Typically, this mitigation would be provided through the property owner purchasing Affordable Housing credits from a developer who produced them. Affordable Housing credits are currently very scarce. To the extent that the owner could mitigate by cash-in-lieu, the payment pre-moratorium would be approximately 2.43 x $302,879 (standard Category 4 cash-in-lieu rate per FTE) = $735,995. A lot which does not require a Growth Management allocation, such as the Chalet lot, which will be considered to be the fathering parcel already assigned a development right, mitigation for 3,240 square feet of new development would result in a cash in lieu fee of approximately 0.52 FTEs with a mitigation value of $157,012. The applicant has asked to have the corner lot locked into the mitigation methodology for a lot that does not require a Growth Management allotment. This is a policy issue that Council must resolve in their negotiation with the applicant. The regulations which emerge from the moratorium are likely to increase both mitigation methodologies/fees described above. 38 Exhibit C Major Subdivision Criteria Staff Findings 26.480.070. Major subdivisions. The following subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission. Major subdivisions are subject to Section 26.480.030 – Procedures for Review, the standards and limitations of Section 26.480.040 – General Subdivision Review Standards, and the standards and limitations of each type of subdivision, described below. All subdivisions not defined as administrative or minor subdivisions shall be considered major subdivisions. A. Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: 1. The proposed subdivision complies with the requirements of Section 26.480.040 – General Subdivision Review Standards. Staff Finding: The General Subdivision Review Standards are addressed in the next section of this exhibit. Staff finds this criterion is met. 2. The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. Staff Finding: The proposal divides the subject parcel into two smaller lots that are consistent with the typical lot size of the surrounding neighborhood. Staff finds this criterion is met. 3. The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Finding: Large trees are preserved around the historic resource, which will be protected in perpetuity for the benefit of the community. Staff finds this criterion is met. 4. The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for 39 mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490 – Approval Documents. Staff Finding: The lot is relatively flat, and undeveloped. No mitigation of hazards is anticipated. Staff finds this criterion is met. 5. There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. Staff Finding: The density of the proposed development is typical of the surrounding neighborhood. No special mitigation efforts are anticipated beyond the standard stormwater requirements applied to all single family homes in Aspen. Staff finds this criterion is met. 6. The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. Staff Finding: Engineering has preliminary commented on upgrades needed for utilities on private property, but has not yet indicated public infrastructure improvements are required. Staff finds this criterion is met. 7. The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470 – Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. Staff Finding: Growth Management review and findings are addressed as another exhibit to this packet. Staff finds this criterion is met. 8. The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. Staff Finding: The development proposed in the future on this property will be subject to impact fees, including Park Development fees and Transportation Demand Management fees. Only the historic resource and accessory building receive exemption from these assessments as a standing provision of the code. The City collects School Lands fees on behalf of the school district. The amount of payment required is related to the amount of new floor area developed and/or the value of the lot the development is occurring on. These calculations will occur at time of building permit. It is possible to 40 dedicate land to the School District instead of paying a cash-in-lieu fee but the applicant is not suggesting that option. Staff finds this criterion is met. 9. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Staff Finding: A draft plat is provided in the application and will be finalized and recorded after the land use review is complete. Staff finds this criterion will be met. 10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Staff Finding: The proposal does not involve any unique obligations, responsibilities or improvements be committed for the benefit of the community, therefore a Development Agreement will not be required. Staff finds this criterion is not applicable. ______________________________________________________________________ ______________________________________________________________________ 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: The two lots resulting from this subdivision will front Smuggler Street and/or 8th Street, as well as an alley, and will therefore maintain their existing access to public ways. Staff finds this criterion is met. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Finding: The two new lots are orthogonal and divided north/south, following the pattern of the neighborhood. Staff finds this criterion is met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless 41 unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Finding: The zoning for the newly created lots will remain as is; R-6 Medium Density Residential. Staff finds this criterion is met. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Finding: The proposal includes moving a small existing structure to a new location that requires a setback variation. Setback variations are also required to accept the areas identified for future construction of new homes on each of the subdivision’s lots. The merits of these variations will be addressed as part of the landmark designation review, and if approved, the conditions will not be considered to be non-conformities. 42 Page 1 of 3 Exhibit D Transferable Development Rights Criteria Staff Findings Section 26.535.070 A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Findings: 949 W. Smuggler is proposed to be a designated a historic landmark and will therefore become an eligible sending site that can establish and sever transferable development rights (TDRs). Single-family and duplex residential are permitted uses in the R-6 zone district where this property is located. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Findings: One TDR is proposed to be removed from Parcel B, the corner site, which is currently vacant. Conditions of approval in the Council ordinance for this project will clarify the floor area that remains to be built on the site after the TDR is severed. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Staff Findings: The creation of the proposed TDR will not create or increase a nonconformity. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at any time in the future. 43 Page 2 of 3 Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Findings: The applicant’s original proposal was to not designate the corner lot as a landmark and to offer it for sale as a single-family home site. The allowable floor area for the 8,000 square foot lot would be 3,520 sf. The applicant requested approval for one 250 square foot of floor area TDR as an AspenModern designation benefit and then planned to forgo 30 square feet of floor area to leave the lot with 3,240 square feet for a new home. This is what would be allowed for a lot 2,000 square feet smaller; meaning a 6,000 square foot lot which is the common module in the West End. Staff supports this proposal and the applicant’s sensitivity to building scale adjacent to the resource. Since the original proposal, the applicant is now amenable to designation of the corner lot, recognizing that this is necessary to receive TDR and setback benefits there, and also recognizing HPC’s strong interest in having a design review role on this site. As a landmarked lot, the corner would technically be eligible for a duplex of 3,920 square feet. Staff does not support amending the development proposal to allow this option and recommends a condition that the property is limited to single family development unless amended by City Council. E. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Findings: At the time of issuing a TDR certificate, the applicant will be required to file a deed restriction that will permanently reduce the allowable floor area on the corner lot by 250 sf. The applicant may obtain a template for the deed restriction from staff when needed. All documents shall be reviewed by the City Attorney prior to execution. 44 Page 3 of 3 F. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Findings: This is a mandatory process that the applicant must pursue. G. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Findings: The applicant will likely create and sell or retain the TDR prior to selling the corner lot. The plat will be labeled to indicate that no more than 3,240 square feet of floor area will be allowed to be built on that parcel, to be calculated at the time that a building permit is submitted. H. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Findings: This is a mandatory process that the applicant must pursue. I. TDR certificates may be issued at the pace preferred by the property owner. Staff Findings: N/A J. City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. Staff Findings: Staff and HPC recommend in favor of establishing one TDR with this application. HPC is a recommending body and City Council is the final authority for granting a TDR request. 45 949 W. Smuggler AspenModern (PID 2735-122-12-003) 1 HAAS LAND PLANNING, LLC 420 E. Main Street, Suite 220 ­ Aspen, CO 81611 ­ (970) 309-2773 ­ mitch@hlpaspen.com March 18, 2022 Aspen Historic Preservation Commission and City Council c/o Aspen Community Development Department 427 Rio Grande Place Aspen, CO 81611 Dear HPC, City Council and Staff: Please accept this application for voluntary AspenModern (hereinafter “AM”) historic designation. As part of the AM negotiation, the following approvals are requested in this application: Combined Conceptual and Final Major Development Review, Demolition, Setback Variations, Historic Benefits, Major Subdivision, and Growth Management. Introduction: As detailed in “The Proposal” section below, this application volunteers Landmark Designation for proposed Parcel A of the “Vandemoer Lot 2 Subdivision,” including the existing home and “chicken coop” outbuilding at 949 West Smuggler Street, and assurances of historic preservation in exchange for the granting of approvals and incentives available through AM negotiation. AM is a program adopted by the City of Aspen to address, through negotiation of incentives for designation, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well-being of the residents and visitors of Aspen, and the diminishment of Aspen’s unique architectural character, livability, and attractive- ness as a destination. Inherent in this negotiation process is a clear recognition by the City that incentives and benefits beyond the typical scope of the Land Use Code must be offered and conferred upon many property owners who would otherwise forego landmark designation in favor of demolition and replacement absent the restrictions and processes that come with historic designation. In other words, the willingness to accept not only permanent landmark designation but also the perpetual preservation and protection through the oversight of the HPC of a landmark property and the structure(s) located thereon are the benefits the City receives while the benefits to be conferred upon the applicant in exchange is what gets negotiated. This application is submitted by Chris Vandemoer of Vandemoer Family, Inc. (hereinafter the “Applicant”), pursuant to Sections 26.415.025(c) and 26.415.030(c) of the Aspen Land Use Code (the Code). Given the codified terms and provisions of the AM program, those are the only directly applicable Sections of the Code. Since the AM program is a negotiated approval process through which preservation benefits and incentives beyond those identified in the 46 949 W. Smuggler AspenModern (PID 2735-122-12-003) 2 Code are available to an applicant, the applicable sections and provisions of the Code take on a flexibility that does not exist with other types of applications. The normally applicable Code Sections include: 26.304, Common Development Review Procedures, including 26.304.060(B)(1), Combined Reviews; 26.410, Residential Design Standards; 26.415.025(C), Identification of Historic Properties; 26.415.030, Designation of Historic Properties; 26.415.070, Development Involving Designated Historic Properties; 26.415.080, Demolition of Historic Properties; 26.415.110, Benefits; 26.470, Growth Management; 26.480, Subdivision; and 26.710.040, Medium-Density Residential (R-6) Zone District. For the reviewer’s convenience, all pertinent supporting documents relating to the project are provided in the various exhibits to the application, as follows: • Exhibit 1: Land Use Application, Dimensional Requirements, Homeowners Association Compliance, Fee Agreement, and Chalet Historic Integrity Scoring Forms. • Exhibit 2: Full Plans Set, including: Existing Lot Split Plat; Improvement Survey; Proposed Subdivision Plat; Grading, Drainage and Underground Piping Plan; Existing and Proposed Site Plans; Site Coverage Diagrams; Existing and Proposed Floor Area Plans and Calculations; Existing and Proposed Floor Plans; Existing and Proposed Elevations; Site Context Photos and Elevations; Proposed Exterior Lighting Plan; and Models/Renderings • Exhibit 3: Pre-Application Conference Summary prepared by Amy Simon. • Exhibit 4: Review Requirements/Code Standards and Responses. • Exhibit 5: Previous Approvals (Ordinance No. 02-2020, Vandemoer Hill Lot Split Plat, and Notice of Exemption and Authorization to Apply During term of Moratorium). • Exhibit 6: Proof of the Applicant’s Ownership and Authority. • Exhibit 7: 90-Day Negotiation Understanding Letter from Applicant. • Exhibit 8: Vicinity Map. • Exhibit 9: Authorization for Haas Land Planning, LLC and 1 Friday Design Collaborative to represent the Applicant. • Exhibit 10: Mailing addresses of record for all property owners located within 300-feet of the subject property. In addition, with the architectural plans and renderings prepared by Derek M. Skalko of 1 Friday Design Collaborative, a proposed “Final Subdivision Plat of The Vandemoer Lot 2 Subdivision” is included as part of Exhibit 2. While the Applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. Upon request, Haas Land Planning, LLC and 1 Friday Design Collaborative will provide such additional information. 47 949 W. Smuggler AspenModern (PID 2735-122-12-003) 3 Background/History: Back in the 1940s, just after the end of World War II, Herbert Robbins (H.R.) Vandemoer and his son Herbert (Herb) Vandemoer came to Aspen to purchase and develop land. The father and son built a 3-bed/2-bath home with an accompanying garage and “little house” on West Smuggler Street to welcome generations of their families into for decades to come. H.R. would bring the entire family to the home on weekends, over holidays, and for various getaways throughout the years. Herb eventually had children of his own: Cory, Craig and Chris. They were raised between farming in Northeast Colorado and enjoying the nature in Aspen, hiking and camping throughout the area, climbing many of its notorious peaks, fishing every creek for fresh trout, and riding the area’s first chairlifts. They experienced Aspen’s development into a World Class ski resort and tourist destination. Chris is now 65 years old and has spent every single Christmas holiday in Aspen, except in 2016 when his father (Herb) passed. The same is true of his daughters, Isabel and Phoebe, Herb’s only two grandchildren and the fourth generation of Vandemoer’s to cherish this property. Herb adored his grandchildren. Any day skiing with them was “the best day ever,” and we know if he was here today, he would be right by Chris’s side applying for the preservation of the Vandemoer’s Aspen home. Keeping and maintaining the property has not been easy. Increases in property value and the growing resort and tourism economies brought tax burdens and the pressure to sell. This led to the family selling a portion of the property on the north side of Smuggler Street many years back. That helped to lighten the pressures for some time, but not permanently. The latest challenge was the internal pressure from the secondary family members to sell. That pressure grew to an uncomfortable degree that divided the family and evolved into an emotional and strenuous legal battle, eventually ending in an arbitration agreement that resulted in the land’s current state: Lots 1 and 2 of the Vandemoer Hill Lot Split. The Vandemoer’s gave the Hill’s the 39,129 square foot Lot 1 and kept only the 18,000 square foot Lot 2, even though the Vandemoer’s owned the majority stake. The Hill’s have since sold their lot and received the windfall they desired. With only one modest cabin and three families (Chris and his two siblings) left owning the 18,000 square foot property, Chris’s siblings recognized that ownership of the property should lie with Chris. Having the only Vandemoer grandchildren, Chris had too strong of an emotional connection to the property and Aspen itself to walk away from both, despite the large windfall he would have gained by selling. Chris committed to undertake the huge financial burden that was necessary to pay his siblings fair market value to keep this legacy property in his family. However, Chris now finds himself in the same stressful position as his predecessors and needing to find a way to afford the property, preferably while preserving the historic significance of the home and 48 949 W. Smuggler AspenModern (PID 2735-122-12-003) 4 outbuilding --- thus, this Aspen Modern application. If this application is not successful, reality may force Chris to sell the property to the highest bidder, who is not likely to keep the historic 75-year-old structures that his father built. Chris wants dearly to keep this property in his family for his daughters to have and cherish the way he has for 65 years. He also wants to keep his family legacy alive as a part of the Aspen community. It is hard to fathom just how deep the emotional ties are to the property the family has known and loved for their entire lives. It is the place of their dearest childhood and family memories, and a place for future memories and “best days ever” to be created. The home serves as a humble reminder of simpler times in Aspen, Colorado for visitors and residents alike. 49 949 W. Smuggler AspenModern (PID 2735-122-12-003) 5 Existing Conditions: The subject property was recently created through a 2020 minor subdivision for a lot split that divided the original larger parcel into two. The property is a rectangular-shaped 18,000 square foot lot (180’ x 100’) in the R-6 Zone District. It is legally described as Lot 2, Vandemoer Hill Lot Split according to the final plat thereof recorded November 6, 2020, in Plat Book 129 at Page 11, and it includes Lots D-I of Block 3, City and Townsite of Aspen (see Exhibit 5). Lot 1 is a vacant parcel under separate ownership and is not part of this application. A Vicinity Map showing the property’s general location relative to the surrounding area is attached to this application as Exhibit 7. Existing conditions are also summarized on the Dimensional Requirements Form included with Exhibit 1. Excerpt Screenshot from Final Plat of the Vandemoer Hill Lot Split (Subject Property Outlined in Red): Modern architecture made its first appearance in Aspen after World War II. The period of historic significance for modernist buildings in Aspen is between 1945 and approximately 1975. according to the City’s published Aspen Modern National Trust for Historic Preservation booklet, “The Swiss-style is a favorite, with a range of homes tucked into neighborhoods like little Alpine cabins. Yet, this traditional look (such as the 1946 single-family chalet 50 949 W. Smuggler AspenModern (PID 2735-122-12-003) 6 at 949 West Smuggler Street, possibly Aspen’s oldest example of this style) mixes easily with the more contemporary versions, referred to locally as ‘Modern Chalets’.” Furthermore, per the City of Aspen’s website (http://www.aspenmod.com/places/949-w- smuggler/), the home at 949 West Smuggler Street “is a highly decorative, classic example of the Chalet style, and was likely the first example built in town, just as the first chairlift was opening on Aspen Mountain. The house appears to be as originally designed. Built for a family from the Denver area, it is an example of an early ski vacation home in Aspen.” The home is considered representative of the period of ski industry development in Aspen and, having never changed hands, remains under the ownership of the Vandemoer family, its original developers. Completely intact and unaltered, with an historic integrity score of 19 points (out of a possible 19 points), the home has often been referred to by City historic preservation staff and commissioners as the single “most important property” on the AM list of potentially historic structures. This application offers the chance to have this one-of-a-kind, important historic treasure forever preserved and protected against intentional loss, inappropriate alteration, or redevelopment. In addition to the original chalet-style home built circa 1946, the lot also contains an historic “chicken coop” outbuilding as well as a storage shed. The screenshots pasted below depict an existing conditions site plan, as well as photos of the existing structures. 51 949 W. Smuggler AspenModern (PID 2735-122-12-003) 7 While the actual dates of the black-and-white photos below remain unknown, they are believed to be from shortly after the home was built in 1946. As can be seen in the more recent, color photo of the house (farther below), the same architectural form and detailing remains. It is also interesting to note that the same plantings remain, although the trees flanking the corners of the house have grown from maybe 8-feet tall in the black-and-white photo to more like 60-80 feet tall today. A pair of current photos of the associated “chicken coop” outbuilding are provided below as well, including a close-up of the original “HERBERT VANDEMOER” weathervane. 52 949 W. Smuggler AspenModern (PID 2735-122-12-003) 8 53 949 W. Smuggler AspenModern (PID 2735-122-12-003) 9 As mentioned above, the current configuration of the subject property is the result of Ordinance No. 2 (Series of 2020) (hereinafter the “Ordinance”) and the associated Final Plat (see Exhibit 5). The Ordinance did not historically designate the property or put any restrictions of note on it. Instead, any future development on Lot 2 is merely subject to the requirements of the R-6 zone district in place at such time as a development or redevelopment application is submitted (which time is now). Due to setbacks resulting from the Lot Split, the two outbuildings (shed structures) are noted in the Ordinance as being subject to the Non-Conformities regulations in Land Use Code Section 26.312. Furthermore, the Ordinance provides that Lot 2 “shall not be further subdivided through the Minor Subdivision – Lot Split process.” As such, this application does not seek a Minor Subdivision or Lot Split but instead requests Major Subdivision approval through the AM process to divide Lot 2 into Parcels A and B. Under current Code and zoning, as an existing 18,000 square foot lot in the R-6 zone district, the subject property can be developed with two (2) detached single-family homes or a duplex using a combined 4,590 square feet of floor area (or roughly 9,000 square feet of gross area, including basements). The existing structures can be demolished and lost forever, there is no historic designation, and the redevelopment would not be subject to HPC purview. For the Applicant to willingly forego the relative ease and value of the status quo by landmarking the historic structures, this baseline development potential will need to be significantly improved. 54 949 W. Smuggler AspenModern (PID 2735-122-12-003) 10 The Proposal: (proposed incentives/benefits are indicated in purple font) The applicant intends to subdivide the property into two lots, as follows: (A) Parcel A (also referred to herein as the “Chalet Lot” or “Historic Lot”) to be a 10,000 square foot, historically designated lot (100’ x 100’) and contain the historic chalet and relocated chicken coop (Outbuilding “B”), as well as a new detached single-family residence along the alley frontage; and (B) Parcel B (also referred to herein as the “Vacant Lot”) to be a vacant 8,000 square foot lot (80’ x 100’) that will be given a residential growth management allotment but will not be designated or otherwise subject to HPC purview for future development of a single-family home. The existing storage building (Outbuilding “A”) will be demolished. The Applicant seeks approval to maintain the existing fence and parking pull-out area within the West Smuggler Street right-of-way, as these have existed since the 1940s. The principal historic chalet structure will be unaltered, and the large, mature evergreen trees marking its three main corners will be maintained as well. Relocating the circa 1940s fence to match the West Smuggler Street property line is not feasible or desirable as it would necessitate impacts to the historically significant trees. The reduced-size diagrams provided below depict the proposed layout of the lots and structures as well as the proposed setback requirements. 55 949 W. Smuggler AspenModern (PID 2735-122-12-003) 11 It is proposed that the standard 10-foot front setback on the Vacant Lot be increased three- fold to 30-feet for above-grade improvements to assure maximum visibility of the historic structures from West Smuggler Street and its North 8th Street intersection (utilities and subgrade improvements would continue to be subject to the standard 10-foot front yard setback requirement). To accommodate this, it is also proposed that the east side yard setback for this 8,000 square foot lot be 5-feet, as required (adjacent to the nearly 30-feet of unoccupied right-of-way between the property line and the N. 8th Street roadway), and that the combined side yard setback requirement be waived or established at 15-feet (a 10-foot variation from the 25-foot requirement). The proposed side yard setbacks and the 5-foot/10- foot rear yard setback are consistent with the underlying R-6 zoning. If preferable to the City, the Applicant is amenable to establishing these setbacks as a formal “building envelope” to be delineated on the Final Subdivision Plat. 56 949 W. Smuggler AspenModern (PID 2735-122-12-003) 12 The proposed Vacant Lot, being 8,000 square feet in the R-6 zone district, would normally allow 3,520 square feet of Floor Area for a single-family residence. However, in another proactive effort to ensure sensitivity to the important historic resources on the Chalet Lot, the Applicant is volunteering that the Vacant Lot be limited to just 3,240 square feet of floor area, or the same floor area allowed for a lot of only 6,000 square feet. With this 280 square foot reduction, the Applicant is requesting one (1) 250 square foot historic TDR that can be sold for use on a different, eligible receiver site within the City. Except for the combined side yard setback variation discussed above, all other dimensional requirements of the R-6 zoning, as may be amended, would continue to govern development on the Vacant Lot. Such development will also remain subject to all other applicable codes, including but not necessarily limited to the Residential Design Standards (RDS). These “benefits” related to the vacant lot are proposed in the context of the AM negotiation for the landmark designation of the chalet lot and its unique historic resources even though the vacant lot will not itself be historically designated. Given that the RDS will continue to apply and the minimum front yard setback for above grade structures will be established at three times the normal requirement, it is felt that the primary concerns of an HPC review of the eventual development on the vacant lot are proactively addressed since visibility of the historic resources and the inability for new development to overwhelm them in any meaning manner will already be guaranteed. The Chalet Lot and its proposed development is consistent in virtually all respects with the underlying R-6 zone district dimensional requirements, including its limitations on floor area (see form included with Exhibit 1). The Applicant is not requesting a Floor Area Bonus from the HPC. As indicated and calculated on the attached plans, the existing chalet residence includes 1,888.44 square feet of Floor Area (including subgrade and decks), and the chicken coop (Outbuilding “B”) to be maintained has a Floor Area of 127.5 square feet. The current Land Use Code and R-6 zoning allow the proposed 10,000 square foot Chalet Lot two detached residential dwellings with a combined Floor Area of 4,140 square feet. After deducting the Floor Area of the two historic structures to be maintained, there is 2,124.06 square feet of Floor Area available for use in the new residence (4140 – [1888.44 + 127.5]). Calculated pursuant to current Code, the proposed additional residence has a measured Floor Area of only 2,108.39 square feet. As such, the total proposed Floor Area to be located on the Chalet Lot is 4,124.33 square feet, or 15.67 square feet less than the 4,140 square feet of Floor Area the zoning allows. The only Chalet Lot variations requested from the zoning involve (1) the relocated chicken coop having a five-foot east side yard setback where ten-feet would otherwise be required; (2) a five-foot rear yard setback variation to allow a lightwell that exceeds minimum size; and (3) five-foot rear setback for spaces that will not be used solely as garage, including both the new residence’s below grade mechanical and laundry rooms under the garage (within the same foundation) and a deck area on top of the garage. The zoning allows a 5-foot rear yard setback for that portion of the principal structure used solely as a garage but otherwise requires a 10-foot rear yard setback; the applicant merely seeks to utilize the spaces above 57 949 W. Smuggler AspenModern (PID 2735-122-12-003) 13 and below those first five feet of garage. All above-grade massing and scale conditions for the proposed alley residence comply with R-6 dimensional requirements. It is further requested that the AM negotiation include approval for all proposed aspects of development on the Chalet Lot, as depicted on the accompanying plans set, including Conceptual and Final Major Development and Residential Design Standards review. Similarly, the AM approval would include Major Subdivision, Growth Management, and acceptance of the proposed on-site parking for the Chalet Lot (one space pre residence, plus maintenance of the historic parking in the Smuggler Street right-of-way). While this AM negotiation application seeks major subdivision approval, it is requested that both resulting lots be permitted to mitigate for affordable housing in accordance with and pursuant to the Codes in effect for the development of preexisting parcels or lots created through a Lot Split process, as such code provisions may exist at the time of building permit applications. It is the Applicant’s intention to keep the Chalet Lot, including its two historic structures and the new residence they will build thereon. It is unlikely but possible that the new residence at the rear of the Chalet Lot could be developed in advance of the Vacant Lot being sold to a third party. The developing of this new residence at the rear of the Chalet Lot will trigger a requirement for payment of an affordable housing mitigation fee. Even though the Vandemoer family does not permanently reside within Aspen, but in recognition of the family having owned the subject property for more than 75 years, it is requested that full payment of the required affordable housing mitigation associated with the new residence on the Chalet Lot be deferred until at least one month following the Vacant Lot being sold to a party unassociated with the Vandemoer family. If the Vacant Lot is sold prior to building permit for the new alley residence on the Chalet Lot, then full payment of the applicable mitigation fee will be made at the time of its permit issuance. Finally, once the negotiated approvals are granted, the historic designation will take immediate and perpetual effect. However, the Applicant does not have the financial wherewithal to immediately develop the new residence at the rear of the Chalet Lot and seeks a reasonable time cushion to be able to realize this plan. Consequently, the Applicant requests a 10-year period of vested property rights with the approvals granted pursuant to this AM application. With this, it is recognized that fees due for mitigation requirements for development on a preexisting parcel or lot created through a Lot Split would be based on the Codes in affect at the time the fee is incurred (i.e., at the time of building permit application), that the vested rights would not protect against newly adopted or amended rules of general applicability (i.e., fire, energy, electrical codes, etc.), and that any duly adopted short-term rental restrictions would apply to the resulting properties. Please refer to the submitted plan sets for details and renderings of the proposed designs. The proposal envisions maintaining the historic buildings intact and without alteration other than the chicken coop’s relocation, and there are no plans for development of the vacant lot. 58 949 W. Smuggler AspenModern (PID 2735-122-12-003) 14 As proposed, the new alley residence will be set some 68-feet back from the front property line on a lot that is only 100’ deep. With its 5-foot rear yard setback, this means the new residence is only a modest 27-feet deep at its largest point from front to back. For sake of comparison, consider that the chalet structure, including roof overhangs, is 35’-8” deep from front to back. In addition, the historic chalet structure and the new alley residence will be a very generous 23’-10” apart (wall-to-wall) in a zone district that requires only 5-feet between detached structures. These ample distances, combined with the preservation of the extremely large evergreen trees, ensure that the proposed alley residence’s 25-foot maximum height (including rooftop solar panels) will achieve a sympathetic and subservient relationship with the historic assets. The compact design of the new residence is simply in form, scale, and massing. Combined with the separation distances described above, the simple and clean form of the proposed design serves to ensure that the new structure will not visually compete with or in any way overwhelm the historic resources. It also ensures that the old and new will be clearly and easily differentiated such that nobody will confuse the two. 59 949 W. Smuggler AspenModern (PID 2735-122-12-003) 10 The layout of the proposal has been very carefully considered to guarantee the design of the new residence is sympathetic and subservient to the historic resource while maintaining the prominence of the chalet and associated trees from West Smuggler and 8th Streets. The chalet’s iconic north and east facades, including the second-floor deck facing 8th Street, will forever remain highly visible and unobstructed, especially given the proposed building envelope/setbacks on the Vacant Lot. Pursuant to Code Section 26.415.025(C)(1), the submittal of this application initiates a negotiation period of up to ninety (90) days, which may be extended an additional thirty days upon resolution adopted by City Council, or longer if mutually acceptable to both Council and the Applicant. The City Council or the Applicant may choose to terminate the negotiations at any time. The goal of the negotiation period is to reach a mutually acceptable agreement for the landmark designation of the property. As part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlements or fee waiver permitted by the Municipal Code and may award any approval that is normally assigned to another Board or Commission, including variations. Inherent in this negotiation process is a clear recognition by the City that incentives and benefits beyond the typical scope of the Land Use Code must be offered and conferred upon many property owners who would otherwise forego landmark designation in favor of demolition and replacement absent the restrictions and processes that come with such designation. Council’s charge includes seeking compatibility with the neighborhood surrounding the subject property and weighing the benefits considering whether the property is identified as a “good, better, or best” example of Aspen’s 20th century history. It is felt that the proposal is wholly compatible with the surrounding neighborhood. In addition, the requested incentives are fully appropriate and warranted in exchange for guaranteeing the perpetual preservation of a substantial community benefit and valuable community asset by landmark designating Aspen oldest remaining example of a chalet residence and associated outbuilding. These irreplaceable, “best” rated resources have remained under the ownership of the original family who built them, and their historic integrity assessment achieves a perfect score. It is earnestly hoped that demolition and redevelopment will be averted in 60 949 W. Smuggler AspenModern (PID 2735-122-12-003) 15 favor of the requested benefits and incentives allowing the subject property to be protected and preserved through its addition to the Aspen Inventory of Historic Landmark Sites and Structures. Review Requirements This application is submitted pursuant to Sections 26.415.025(c) and 26.415.030(c) of the Aspen Land Use Code (the Code). Given the codified terms and provisions of the AM program, those are the only directly applicable Sections of the Code. Since the AM program is a negotiated approval process through which preservation benefits and incentives beyond those identified in the Code are available to an applicant, the applicable sections and provisions of the Code take on a flexibility that does not exist with other types of applications. Direct compliance with the normally or otherwise applicable review criteria of the Code is not necessarily required. Nevertheless, those normally applicable Code Sections include: 26.304, Common Development Review Procedures, including 26.304.060(B)(1), Combined Reviews; 26.410, Residential Design Standards; 26.415.025(C), Identification of Historic Properties; 26.415.030, Designation of Historic Properties; 26.415.070, Development Involving Designated Historic Properties; 26.415.080, Demolition of Historic Properties; 26.415.110, Benefits; 26.470, Growth Management; 26.480, Subdivision; and 26.710.040, Medium-Density Residential (R-6) Zone District. These Code provisions are addressed in the various portions of Exhibit 4, attached hereto, as well as in the Dimensional Requirements Forms attached as part of Exhibit 1. Summary It is the Applicant’s desire to see the iconic historic chalet and associated outbuilding at 949 West Smuggler Street preserved in perpetuity via historic landmark designation under the AspenModern program. In exchange for this perpetual preservation guarantee, the Applicant seeks benefits that are warranted, necessary and/or enumerated in the Code as appropriate for designated landmarks. As stated in Code Section 26.415.110, Benefits to encourage good historic preservation practices by owners of historic properties are an important aspect of Aspen’s historic preservation program. Historic resources are a valuable community asset and their continued protection is the basic premise supporting the creation of an innovative package of preservation tools that are unlike any other in the country. AspenModern was adopted to address, through negotiation of incentives for designation beyond the scope of the codified regulations, the negative impacts that the loss of landmark eligible buildings would have on the health, peace, safety, and general well-being of the residents and visitors of Aspen, and the diminishment of Aspen’s unique architectural character, livability, and attractiveness as a destination. The Applicant is offering assurances for the perpetual preservation of Aspen’s oldest residential chalet in association with certain 61 949 W. Smuggler AspenModern (PID 2735-122-12-003) 16 land use entitlements. The proposal outlined herein is fully worthy of City and community support. With a Code stating that, to be worthy of preservation incentives and to evaluate the equitability of such incentives, an AspenModern property must be rated on a “good, better or best” scale with regard to its contribution to and significance in Aspen’s 20th century history, it seems more than clear --- and actually obvious --- that the subject property should be rated as the single “best” of all historic residential chalet properties in Aspen. It is, therefore, felt that the requested incentives are not only reasonable but fully appropriate and warranted in an equitable exchange for providing the substantial community benefits described hereinabove and a valuable community asset by landmark designating a property that embodies the earliest days of Aspen’s development as an international ski resort. It is hoped that the requested approvals will be granted, and the property will be forever protected through its addition to the Aspen Inventory of Historic Landmark Sites and Structures. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. I can be reached at (970) 309-2773 or by email to mitch@hlpaspen.com. Yours truly, Haas Land Planning, LLC Mitch Haas Owner/President Exhibits: 1: Land Use Application, Dimensional Requirements, Homeowners Association Compliance, Fee Agreement, and Chalet Historic Integrity Scoring Forms 2: Full Plans Set, including: Existing Lot Split Plat; Improvement Survey; Proposed Subdivision Plat; Grading, Drainage and Underground Piping Plan; Existing and Proposed Site Plans; Site Coverage Diagrams; Existing and Proposed Floor Area Plans and Calculations; Existing and Proposed Floor Plans; Existing and Proposed Elevations; Site Context Photos and Elevations; Proposed Exterior Lighting Plan; and Models/Renderings 3: Pre-Application Conference Summary prepared by Amy Simon 4: Review Requirements/Code Standards and Responses 5: Previous Approvals (Ordinance No. 02-2020, Vandemoer Hill Lot Split Plat, and Notice of Exemption and Authorization to Apply During term of Moratorium) 6: Proof of the Applicant’s Ownership and Authority 7: 90-Day Negotiation Understanding Letter from Applicant 8: Vicinity Map 62 949 W. Smuggler AspenModern (PID 2735-122-12-003) 17 9: Authorization for Haas Land Planning, LLC and 1 Friday Design Collaborative to represent the Applicant; 10: Mailing addresses of record for all property owners located within 300-feet of the subject property 63 64 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: _______________________________ Proposed % of demolition: ____________________________________% DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): 949 WEST SMUGGLER STREET ASPENMODERN (Lot 2, Vandemoer Hill Lot Split; Parcel ID No. 2735-122-12-003) Vandemoer Family, Inc., a Colorado company 949 West Smuggler Street, Aspen, Colorado 81611 R-6 Primary SFR (Chalet) -2,652 sf (gross): 0 sf demolition proposed Outbuilding (Chicken Coop) 127.5 sf (gross): 0 sf of demolition proposed NA NA 1 SFR / 1 hab (out) / 1 garage 2,015.94 sf used (total) "EXISTING / AS IS" CONDITIONS FOR 18,000 SF LOT NA Outbuilding (Storage Shed / Non Compliant Garage) 253.75 sf (gross) 18,000 SF 18,000 SF ++ 4,590 sf total for 2 detached dwellings or one duplex 20 NA NA 8.44%25% maximum 25' maximum Chalet: 23'-1" Ridgeline / 24'-4" Chimney (v.i.f.) Coop-9'-9.5" Ridgeline / Shed - 8'-7" RL 25' maximum 13'-10" (v.i.f.) to porch stair 10' minimum 10' habitable min. / 5' garage min. 46'-10" chalet /1'-10" coop / 1'-4" storage 15'-2" (v.i.f.)NA Existing Chicken Coop - Rear Yard (s) Encroachment : 1'-10" from Property Line / 10' Required (Habitable) // Existing Outbuilding / Shed East Side Yard Encroachment : 3'-1" from east side yard property line / 15' Required // Existing Outbuilding / Shed South Rear Yard Encroachment: 1'-4" from Rear Yard Property Line / 5' Required. No On Site Parking - 2 required per Existing Conditions / Existing Parking Area Off Smuggler Street (North) / COA ROW - Currently utilized for 949 W Smuggler Parking . It is unknown if any encroachment licenses have been granted at this time for the said existing conditions. 40' Minimum 15' minimum 15' minimum 5' minimum (w) Chalet: 17'-3" (w) Coop: 43'-5" (w) Storage: 156'-7" (e) Chalet: 109'-3"/ Coop:125'-3"/ (e) Storage: 3'-1" 20'-4" combined 33'-7" between Chalet & Coop 101' Coop / Storage 65 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Number of residential units: Existing: Proposed % of demolition: ____________________________________% DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): 949 WEST SMUGGLER STREET ASPENMODERN (Lot 2, Vandemoer Hill Lot Split; Parcel ID No. 2735-122-12-003) Vandemoer Family, Inc., a Colorado company 949 West Smuggler Street, Aspen, Colorado 81611 R-6 Primary SFR (Chalet) -2,652 sf (gross): 0 sf demolition proposed Outbuilding (Chicken Coop) 127.5 sf (gross): 0 sf of demolition proposed NA 1 SFR / 1 hab (outbuilding) 2,015.94 sf used (total) "PROPOSED" CONDITIONS FOR 10,000 SF INTERIOR LOT Proposed: NA Proposed: ___________________________ Outbuilding (Storage Shed / Non Compliant Garage) 253.75 sf (gross) 100% demolition proposed 10,000 SF 10,000 SF ++ 4,140 sf total for 2 detached dwellings or one duplex 2 per residence0 NA NA 12.45% 37.33% maximum 25' maximum Chalet: 23'-1" Ridgeline / 24'-4" Chimney (v.i.f.) Coop-9'-9.5" Ridgeline / Shed - 8'-7" RL 25' maximum 13'-10" (v.i.f.) to porch stair 10' minimum 10' habitable min. / 5' garage min. 46'-10" chalet /1'-10" coop / 1'-4" storage 15'-2" (v.i.f.)NA Existing Chicken Coop - Rear Yard (s) Encroachment : 1'-10" from Property Line / 10' Required (Habitable) // Existing Outbuilding / Shed East Side Yard Encroachment : 3'-1" from east side yard property line / 15' Required // Existing Outbuilding / Shed South Rear Yard Encroachment: 1'-4" from Rear Yard Property Line / 5' Required. No On Site Parking - 2 required per Existing Conditions / Existing Parking Area Off Smuggler Street (North) / COA ROW - Currently utilized for 949 W Smuggler Parking . It is unknown if any encroachment licenses have been granted at this time for the said existing conditions. NA - 2 detached > 10' seperation 10' minimum 10' minimum 5' minimum (w) Chalet: 17'-3" (w) Coop: 43'-5" (w) Storage: 156'-7" (e) Chalet: 109'-3"/ Coop:125'-3"/ (e) Storage: 3'-1" 20'-4" combined 33'-7" between Chalet & Coop 101' Coop / Storage 3,033.25 sf ft total / 253.75 sq ft demo proposed = 8.37% demolition proposed 2,015.94 sf FA - existing + 2,108.39 sf FA - new /proposed = 4,124.33 sf FA proposed site total Chalet: 23'-1" Ridgeline / 24'-4" Chimney (v.i.f.) "as existing" Alley Res: (PROPOSED) 23'-11" Flat-roof / 24'-10" Solar Panels / 26'-7.75" Chimney Coop: 9'-9.5" Ridgeline / 11'-9" Weather Vein (v.i.f.) "as existing" 2 Detached SFR Dwellings (1 dedicated garage each residence/ 1 Outbuilding 1,137.40 Chalet + 127.75 Coop + 1,266.87 Alley = 2,532.02 sf, therefore: 25.32% site coverage 2 On site Parking Spaces proposed / Requested use of Existing COA ROW Smuggler Parking NA 13'-10" (v.i.f.) for Existing Chalet / 35'-6" proposed for Existing Coop/ 68' proposed for alley residence NA 46'-10" for Existing Chalet (hab) / 53' for Existing Coop (hab) 5'-4" for Proposed Garage (above grade + habitable below grade / deck above garage) / 10'-3" proposed alley habitable above grade (w) Chalet (EX): 17'-3" (w) Coop (EX/ relocated): 83'-9" (w) Alley Res (PR): 10'-4" (lightwell) / 13'-4" Structure (e) Chalet (EX): 29'-1" (3) Coop (EX / relocated): 5' building / 3'-5" roof overhang (e) Alley Res (PR) : 23'-3" NA - 2 detached : > 10' separation 19' Between Chalet & Alley Res 12'-1" Between Chalet & Coop 5' - East Side Yard Variation requested: Chicken Coop - Proposed Coop Structure 5' from property line (habitable structure) with 16" roof overhang 5' - Rear Yard variation requested for : Proposed mechanical area (habitable) below garage footprint / Lightwell that exceeds minimum size in rear yard setback / Usable deck "air space" above conforming garage massing. NOTE: all massing and scale conditions for proposed alley residence are in compliance above grade. 66 City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: _______________________________ DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): 949 WEST SMUGGLER STREET ASPENMODERN (Lot 2, Vandemoer Hill Lot Split; Parcel ID No. 2735-122-12-003) Vandemoer Family, Inc., a Colorado company 949 West Smuggler Street, Aspen, Colorado 81611 R-6 Proposed % of demolition: _100_______% NA NA "PROPOSED" CONDITIONS FOR 8,000 SF CORNER LOT NA Outbuilding (Storage Shed / Non Compliant Garage) 253.75 sf (gross)- assumes complete demolition 8,000 SF 8,000 SF 3,240 sf total for 1 SFR 0 NA NA 43.33% maximum 25' maximum 25' maximum 10' minimum 10' principal min. / 5' accessory min. NA NA It is unknown if any encroachment licenses have been granted at this time for the said existing conditions. 25' Minimum 5' minimum 5' minimum 5' minimum (w) N/A (assumes shed demolition) (e)N/A (assumes shed demolition) N/A (assumes shed demolition) N/A (assumes shed demolition) NA (w) 10' proposed (e) N/A 5' proposed 15' proposed / 10' variation requested NA No change per R-6 zoning No change per R-6 zoning No change per R-6 zoning NA NA N/A (assumes shed demolition) NA N/A (assumes shed demolition) N/A (assumes shed demolition) But no more than 1 unit of denisity No change per R-6 zoning No change per R-6 zoning 2 per residence N/A (assumes shed demolition) N/A (assumes shed demolition) 30' (ABOVE GRADE) minimum proposed - variation for 20' ADDITION requested Existing Storage Shed structure is non-conforming relative to east side yard and rear yard setback requirements, it encroaches upon a 5-foot public utility easement, and its roof overhangs encroach into the alley right-of-way VARIATIONS REQUESTED: REDUCE Allowable FAR by 280SF in exchange for one TDR worth 250SF INCREASE of Front Yard Setback Requirement (For above-grade structures only) from 10-feet to 30-feet REDUCE Minimum Combined Side Yard Setbacks from 25-feet to 15-feet (10-foot variation) 67 68 69 1) A large singular roof form, generally low in slope, with the ridge running along the short dimension of the structure covers the entire structure without interruption, the eave of the roof usually comes down to a low plate height at the upper level Character Defining Features of the Chalet Style 4) Continuous porch or balcony running at least the length of the primary side 7) Stucco ground floor, may have battered walls, openings are minimal, with wood lintels Total Points, 0 –10 6) Rectangular footprint sometimes oriented towards mountains 2) Deep overhangs with the structure of the roof expressed on the underside 3) Eaves and rakes decorated with cutouts and fretwork bargeboards 5) Decorative elements, usually two dimensional, such as balustrades with cut out shapes, generally hearts, edelweiss, snowflakes or other decorative themes from nature 1 4 2 3 5 6 7 Check box if statement is true. One point per box. 8) Windows are generally sliders or casements, horizontally proportioned and used sparingly 10) Colors are restricted to the white of the stucco base, the dark brown of the wood walls, eaves, balustrades, etc., bright colors are used sparingly to accent eaves and balustrades and other decorative elements, murals and painted decorative details are sometimes found on the stucco surface A building must have 6 of the 10 character defining features, either present or clearly documented through photographic of physical evidence to qualify as Chalet Style. Restoration may be required as part of the award of incentives. If the property earned 6 or more points, continue to the next page. If the property earned less than 6 points, scoring ends. 9) Decorative shutters or flowerboxes 9 10 8 70 INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. Integrity Score (this page) maximum of 10 points: HISTORIC ASSESSMENT SCORE: Best: 15 up to 20 points Better: 12 up to 15 points Good: 10 up to 12 points Not Eligible:0 up to 10 points Character Defining Features Score (first page) maxi- mum of 10 points: LOCATION OF BUILDING ON THE LOT: The bui l di ng i s i n i ts ori gi nal l ocation.2 poi nts The bui l di ng has be e n shi ft e d on the ori gi nal parce l , but mai ntai ns i ts ori gi nal al i gnme nt and/or prox i mi ty to the stre e t.1 poi nt SETTING : The prope rty i s l ocate d wi thi n the ge ographi cal are a surrounde d by Castl e Cre e k, the Roari ng Fork Ri ve r and A spe n Mountai n.1 poi nt The prope rty i s outsi de of the ge ographi cal are a surround by Castl e Cre e k, the Raori ng Fork Ri ve r and Aspe n Mountai n.1/2 poi nt DESIG N: The form of the bui l di ng (f ootpri nt, roof and w al l pl ane s) are unal te re d f rom the ori gi nal de si gn.3 poi nts a.) The f orm of the bui l di ng has be e n al te re d but l e ss than 25% of the ori gi nal wal l s have be e n re move d, OR b.) The al te rations to the f orm al l occur at the re ar of the subj e ct bui l di ng, OR c.) The f orm of the bui l di ng has be e n al te re d but the addi tion i s l e ss than 50% of the si ze of the ori gi nal bui l di ng, OR d.) The re i s a roof top addi tion that i s l e ss than 50% of the footprint of the roof. 2 poi nts MATERIALS Exteri or mate rial s The original e x te ri or mate ri al s of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the e x te ri or mate ri al s have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt Windows and doors The ori gi nal wi ndows and doors of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the ori gi nal wi ndows and doors have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt 71 PVPV " 9 4 9 s m u g g l e r " 9 4 9 w e s t s m u g g l e r | c i t y o f a s p e n : : c o l o r a d o C H A L E T D E S I G N A T I O N / A L L E Y R E S I D E N C E P R O P O S A L :: A S P E N M O D E R N H I S T O R I C P R E S E R V A T I O N H P C design review committee application package :: february 28th, 2022 d e r e k m s k a l k o E W COVER PAGE FEB 2022 949-COVER "949-HOUSE"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 72 949 West Smuggler . Aspen . Colorado . 81611 :: " 949 " Easement / Agreements / Misc. Cover Letter/ Application Information Submission - Haas Land Planning C/O Mitch Haas / Architectural - 1 Friday Design C/O Derek Skalko TBD Architectural Related Drawings / Documents 1 Friday Design 949-1.A : Lot 2 Vandemoer Hill Lot Split Existing (18,000 sf ft) & Proposed Vandemoer Lot 2 Subdivision (10,000 / 8,000 sq ft) Lot Site Plans + Existing 18,000 sq ft Floor Area Calculations - (1/16" Arch) 949-1.B : Existing Lot 2 Vandemoer Hill Lot Split with House + Outbuildings / Utilities Located / Site represented @ 1' Topographical Contour Intervals / - (1/10" Architectural) 949-2 : Existing Lower Level (and Subgrade Wall Exposure Diagrams) + Existing Main Level Floor Plans: Chalet Residence - (3/16" Architectural) 949-5 : Proposed Lower, Main & Upper Floor Plans / Roof Plan - Detached Alley Residence ( 3/16" Architectural) 949-6 : Proposed 949 W Smuggler North Elevation (Site Context-Street) & Proposed North Alley Residence Elevation with Materials Callouts / Schedules ( 3/16" Architectural) 949-7 : Proposed East & West Alley Residence Elevations + Site Existing / Proposed Relationship Context Elevations with Materials Callouts / Schedules ( 3/16" Architectural) 949-8 : Proposed South (Alley) Elevation - Alley Residence with Materials Callouts / Schedules ( 3/16" Architectural) / Materials Graphic Examples Description Provided 949-10 : Proposed Massing Models & Scale Perspectives - Alley Residence Site Concept - 10,000 sf lot (No Associative Scale) 949-11 : Proposed Massing Models & Scale Perspectives - Alley Residence Site Concept - 10,000 sf lot (No Associative Scale) Survey + Civil Related Drawings / Documents Sopris Engineering Inc. - Surveyor // Boundaries Unlimited Inc. - Civil Engineer 949 West Smuggler Application Architectural Related Drawings / Documents Package :Pages Index 949-COVER : 949 West Smuggler . Aspen . Colorado :: Aspen Modern Historic Preservation Application 949-INDEX : 949 West Smuggler Pages Reference , Conceptual Locate + Site Imaging / Context + Preliminary Legal Lot Descriptions (Existing & Proposed) Final Recorded Plat - Vandemoer Hill Lot Split , Book 129, Page 11 - (1/30" Engineering Scale) C.1 : 949 West Smuggler Grading, Drainage & Underground Piping Preliminary Planning Information & Specification (1/10" Engineering Scale) Stamped Improvement Survey Plat with 1' Topographic Representation - Lot 2, Vandemoer Hill Lot Split - (1/10" Engineering Scale) Proposed Draft of Final Subdivision Plat - Vandemoer Lot 2 Subdivision - (1/ 20" Engineering Scale) 949-1.C : Proposed Vandemoer Lot 2 Subdivision with House + Outbuildings (Existing & Proposed) / Utilities Located / Site represented @ 1' Topographical Contour Intervals / - (1/10" Architectural) 949-3 : Existing Upper Level + Roof Plan : Chalet Residence // Existing Main Level Floor Plan + Roof Plan : Chicken Coop (Outbuilding) - (3/16" Architectural) 949-4 : Existing Elevations : Chalet Residence + Chicken Coop (Outbuilding) - (3/16" Architectural) ZN-003 : Lot 2 Vandemoer Hill Lot Split Existing (18,000 sf ft) & Proposed Vandemoer Lot 2 Subdivision (10,000 / 8,000 sq ft) Lot Site Coverage Diagrammatic Plans & Calculations - (1/16" Arch) ZN-004 : Existing Lower Lvl. (and Subgrade Wall Exposure Diagrams) + Existing Main Lvl. Floor Plans: Chalet Residence & Chicken Coop Outbuilding Diagrammatic Plans + Floor Area Calculations - (1/8" Arch) ZN-005 : Existing Upper Lvl. Floor Plan: Chalet Residence & Roof Plans : Chalet Residence + Chicken Coop Outbuilding : Diagrammatic Plans + Floor Area Calculations - (1/8" Arch) ZN-006 : Proposed Lower Lvl. (& Subgrade Wall Exposure Diagrams) Floor Plans: Chalet Residence : Diagrammatic Plans + Floor Area Calculations - (1/8" Arch) ZN-007 : Proposed Lower Lvl. (& Subgrade Wall Exposure Diagrams) Floor Plans: Chalet Residence : Diagrammatic Plans + Floor Area Calculations - (1/8" Arch) 949-9 : Proposed Alley residence Exterior Lighting Plans & Callouts - Fixture Cut Sheets Provided ( 3/16" Architectural) 949 INDEX, SITE CONTEXT, DESCRIPTIONS FEB 2022 949-INDEX "949-HOUSE" 1 TBD INDEX + SHEET DESCRIPTION: 949 SMUGGLER SCALE : N/A a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD LEGAL PROPOSED PROPERTY DESCRIPTIONS (DRAFT): 949 SMUGGLER SCALE : N/A 3 TBD SITE IMAGES + CONTEXT : 949 SMUGGLER SCALE : N/A 73 74 XGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXETC XETC XETC XETC XETC XETCXGASXGASXGASXGASXGASXGASXGASXGASXGAS XWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWL XWL XWL XWLXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGASXUTXELXETCGXETCGXETCGXETCGxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxFOUND NO. 5 REBAR &1.25" PLASTIC CAPSTAMPED "LS 28643"FLUSH WITH GRADEWATER SERVICE LINEWATER MAINS74° 14' 02"E 180.00'N15° 45' 58"E 100.00'N74° 14' 02"W 180.00'FOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPROJECT BENCHMARK ELEVATION = 7897.8'FOUND NO. 5 REBAR &1.25" PLASTIC CAP ILLEGIBLE0.2' BELOW GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADE4.3"x7'4.4"x7'5.9"x8'4.7"x7'4.3"x7'4.1"x7'4.1"x7'4.5"x7'25.5"x40'8"x16'7.7"x14'2-4.1"x10'3-4.4"x10'11.0"x13'18.6"x30'16.7"x30'21.5"x30'23.6"x20'15.8"x22'9"x13'14.9"x22'7.4"x12'12.6"x18'11.1"x16'12.6"x16'11.2"x13'N15° 45' 58"E (BASIS OF SITE BEARING) 100.00'TWO STORY HOUSEWOOD FRAME HOUSESPLIT RAIL FENCE (TYPICAL)WOOD SHED20.3'12.5' 12.5'20.3'11.3'11.3'11.3'11.3'WOODSTRUCTURE43.3'26.3'43.3'26.3'CONCRETEPADFLAGSTONE WALKWOOD DECKUPPER LEVEL WOOD DECKGRAVEL(HATCHED)ASPHALTSURFACE789878997895 7899 78987895 789878977 8 9 6 78967897789878997900790179007899 7900LOT 2 - VANDEMOER HILL LOTSPLIT18,000 SQ. FT. +/-0.4132 ACRES +/-LOT 1 - VANDEMOER HILL LOTSPLIT949 WEST SMUGGLER ST LLCPITKIN COUNTY PARCEL ID. NO.273512212002GRAVEL(HATCHED)19.44' ALLEY R.O.W.5.00' PUBLIC UTILITY EASEMENTREC. NO. 67057275.00' WESTSMUGGLER R.O.W.75.37' N. 8TH STREET R.O.W. 5.00' PUBLIC UTILITY EASEMENTREC. NO. 670572 20.65' BUILDING TIE22.39' BUILDING TIESE FIELD TOPOGRAPHYCITY OF ASPEN LIDAR 1 FOOT CONTOURSFINISHED FLOORELEVATION 7901.0'EL:7897.65EL:7895.68EL:7895.09EL:7896.29EL:7897.94EL:7897.68EL:7896.2830.2"x27.6'28.1"x32'22.4"x34'25.2"x32'FOUND NO. 5 .REBARAND CAP STAMPED"PLS 28643"FLUSH WITH GRADEPROPERTY DESCRIPTIONLOT 2,​VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOFRECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​COUNTY OF PITKIN,​STATE OF COLORADONOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COM 12/7/2021 - G:\2020\30137 VANDEMOER HILL LOT 2\SURVEY\Survey DWGs\Survey Plots and Exhibits\30137.02 ISP.dwgVICINITY MAPSCALE: 1" = 2000'GENERAL UTILITY NOTES:The locations of underground utilities have been plotted based on utility maps,construction/design plans, other information provided by utility companies and actualfield locations in some instances. These utilities, as shown, may not represent actualfield conditions. It is the responsibility of the contractor to contact all utilitycompanies for field location of utilities prior to construction.IMPROVEMENT SURVEY PLATI, MARK S. BECKLER, HEREBY CERTIFY TO ISABEL A. VANDEMOER, PHOEBE E.VANDEMOER, AND LAND TITLE GUARANTEE COMPANY, THAT THIS IS AN“IMPROVEMENT SURVEY PLAT” AS DEFINED BY C.R.S. § 38-51-102(9), ANDTHAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENTLOCATION OF ALL STRUCTURES, WATER COURSES, WATER FEATURESAND/OR BODIES OF WATER , VISIBLE ROADS, UTILITIES, FENCES, OR WALLSSITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALLBOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCEOR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAYOF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, OR APPARENT, OR OFRECORD AND UNDERGROUND UTILITIES DESCRIBED IN LAND TITLEGUARANTEE COMPANY TITLE INSURANCE ORDER NO. Q62012373, OROTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT.THE ERROR OF CLOSURE FOR THIS SURVEY IS LESS THAN 1/15,000.________________________________MARK S. BECKLER L.S. #28643IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OFLOT 2,​ VANDEMOER HILL LOT SPLITA PARCEL OF LAND SITUATED IN THE SW 1/4 AND THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.SHEET 1 OF 1SOURCE DOCUMENTS:·PLAT-VANDEMOER HILL LOTS SPLIT (BOOK 129-PAGE 11, RECEPTION NUMBER 670572)ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED.NOTES1)DATE OF FIELD WORK: DECEMBER, 2001-JUNE, 2001; SEPTEMBER 2019, SEPTEMBER 2020,AND SEPTEMBER, 2021.2)DATE OF PREPARATION: DECEMBER, 2001--JUNE, 2001; UPDATED SEPTEMBER-OCTOBER2019, AUGUST-SEPTEMBER, 2020, AND OCTOBER, 2021.3)BASIS OF BEARING: A BEARING OF S74°14'15"E BETWEEN THE 1988 CITY OF ASPEN-GPSCONTROL POINTS GPS-20 AND GPS-9(R), AT THE STREET INTERSECTIONS OF 7TH\FRANCISAND 6TH\FRANCIS, WHICH ESTABLISHED A SITE BEARING OF N 15°45'58" E BETWEEN THENORTHEAST CORNER OF LOT 2 AND THE SOUTHEAST CORNER OF LOT 2, BEING FOUNDMONUMENTS AS SHOWN.4)BASIS OF SURVEY: THE VANDEMOER HILL LOT SPLIT, PLAT BOOK 129 AT PAGE 11,RECEPTION NO. 670572 OF PITKIN COUNTY RECORDS.5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TODETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDINGEASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE TITLECOMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER No. Q62012373EFFECTIVE DATE JUNE 3, 2021.6)BASIS OF ELEVATION: BASIS OF ELEVATION - 2009 CITY OF ASPEN GPS MARCIN CONTROLMAP DATUM, WHICH IS BASED ON AN ELEVATION OF 7911.98 (NAVD 1988) ON THE NGSSTATION "Q-159". THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7897.8' ON THETOP OF A #5 REBAR WITH CAP L.S. 28643 MONUMENTING THE NORTH WEST PROPERTYCORNER OF LOT 22, AS SHOWN HEREON. FIELD WORK SUPPLEMENTED WITH 1 FOOT CITYOF ASPEN LIDAR DATA TRANSLATE TO MARCIN COORDINATE SYSTEM.7)CONTOUR INTERVAL ONE (1) FOOT.8)PROPERTY ADDRESS: 949 WEST SMUGGLER STREET, ASPEN, CO 816119)PITKIN COUNTY PARCEL ID NUMBER 27351221200310)PER CITY OF ASPEN MUDFLOW FIGURE 7.1 C -CASTLE CREEK/RED BUTTE MUDFLOW ZONES,REVISED 11/2014, THE SUBJECT PROPERTY IS NOT IN A MUD FLOW ZONE.11)PER FIRM MAP 08097C0354E, EFFECTIVE DATE 08/15/2019, THE SUBJECT PROPERTY FALLSUNDER SHADED ZONE "X", (AREA OF MINIMAL FLOOD HAZARD, USUALLY DEPICTED ONFIRMS AS ABOVE THE 500-YEAR FLOOD LEVEL. ZONE X IS THE AREA DETERMINED TO BEOUTSIDE THE 500-YEAR FLOOD AND PROTECTED BY LEVEE FROM 100-YEAR FLOOD.) SITE(BASIS OF BEARING)S74°14'15"EGPS-9(R)GPS-20(TIE ONLY) S51° 36' 05"E 413.09'(TIE ONLY) S40° 02' 59"E 460.91'TREE LEGENDCONIFEROUS TREEDECIDUOUS TREEEXISTING CURB STOPEXISTING GAS METEREXISTING ELECTRIC METEREXISTING CATV PEDESTALEXISTING LEGENDEXISTING CONTOUREXISTING CONTOUR INTERVAL7900EXISTING WOOD RAIL FENCExxEXISTING WATER SERVICE/MAINXWLXWLEXISTING GASXETCXETCEXISTING TELEPHONEXGASXGASXGASEXISTING UNDERGROUND ELECTRICEXISTING CABLEEXISTING ELEC, TELE, CABLEXUTXUTXUTXELXELXELXTVXTVXTVXETCGXETCGEXISTING ELEC, TELE, CABLE, GAS1 inch = ft.( IN U.S. SURVEY FEET )GRAPHIC SCALE0101020104054.5" X 7' = 4.5" TRUNK DIAMETER WITH 7' DRIPLINEPURPOSE STATEMENTTHE PURPOSE OF THIS IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY IS TO SHOW THE EXISTING PROPERTYBOUNDARIES, SITE CONDITIONS, ENCUMBRANCES, AND TOPOGRAPHY OF THE SUBJECT PROPERTY.10-05-2175 LOT 1 - VANEMOER HILL LOT SPLIT949 WEST SMUGGLER ST LLCPITKIN COUNTY PARCEL ID. NO. 273512212002FOUND NO. 5 REBAR &1.25" PLASTIC CAPSTAMPED "LS 28643"FLUSH WITH GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPOINT OF BEGINNING PARCEL BPOINT OF COMMENCEMENT PARCEL AFOUND NO. 5 REBAR &1.25" PLASTIC CAP ILLEGIBLE0.2' BELOW GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPARCEL A10,000 SQ. FT.0.2296 ACRES +/-PARCEL B8000 SQ. FT.0.1837 ACRES +/-75.00' W. SMUGGLER STREET R.O.W.19.44' ALLEY R.O.W.75.37' N. 8TH STREET R.O.W.POINT OF BEGINNING PARCEL ASET NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADESET NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADE5.00' PUBLIC UTILITY EASEMENTREC. NO. 670572N15° 45' 58"E 100.00'S74° 14' 02"E 100.00'N15° 45' 58"E 100.00'N74° 14' 02"W 100.00'N74° 14' 02"W 80.00'S15° 45' 58"W (BASIS OF SITE BEARING) 100.00'S74° 14' 02"E 80.00'LOT 1 - HOWER EXEMPTIONAEB REALTYPITKIN COUNTY PARCEL ID. NO. 273512365001LOT 2- HOWER EXEMPTIONSAXON DELTA TRUSTPITKIN COUNTY PARCELID. NO. 273512365002BLOCK 3 - LOTS P, Q, R, & SMCTAMANEY, ROBERT A III TRUSTPITKIN COUNTY PARCELID. NO. 273512365001BLOCK 2 - LOTS Q, R, & SSCHUHMACHER, JOHN W. TRUSTPITKIN COUNTY PARCELID. NO. 273512211002LOT 2 - VANDEMOER LOT SPLITRATNER, DENNIS F. TRUSTPITKIN COUNTY PARCELID. NO. 273512282004NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COM 12/9/2021 - 31037.02 - G:\2020\30137 VANDEMOER HILL LOT 2\SURVEY\Survey DWGs\Survey Plots and Exhibits\30137.02 AMENDED PLAT_LOT 2 SPLIT.dwgVICINITY MAPSCALE: 1" = 2000'GENERAL UTILITY NOTES:The locations of underground utilities have been plotted based on utility maps,construction/design plans, other information provided by utility companies and actualfield locations in some instances. These utilities, as shown, may not represent actualfield conditions. It is the responsibility of the contractor to contact all utilitycompanies for field location of utilities prior to construction.FINAL SUBDIVISION PLAT OF THEVANDEMOER LOT 2 SUBDIVISIONA PARCEL OF LAND SITUATED IN THE SW 1/4 AND THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.SHEET 1 OF 1PURPOSE STATEMENTTHE PURPOSE OF THIS PLAT IS THE SUBDIVISION OF LOT 2, VANDEMOER HILL LOT SPLIT (RECORDED IN BOOK 129 AT PAGE 11, AS RECEPTION NO. 670572), INTOTWO NEW PARCELS TO HEREAFTER BE KNOWN AS PARCELS A AND B OF THE VANDEMOER LOT 2 SUBDIVISION.1 inch = ft.( IN U.S. SURVEY FEET )GRAPHIC SCALE0202040208010PROPERTY DESCRIPTION BEFORE LOT SPLITLOT 2,​VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOFRECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​COUNTY OF PITKIN,​STATE OF COLORADOCOMMUNITY DEVELOPMENT DIRECTOR CERTIFICATETHIS LOT SPLIT PLAT OF THE VANDEMOER HILL PARCEL A & B WAS REVIEWEDAND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OFASPEN THIS DAY OF , 202___. TO THE EXTENT THATANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OFASPEN DEVELOPMENT ORDERS FOR THIS PROPERTY OR ANY OTHER PROVISIONOF APPLICABLE LAW INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LANDUSE REGULATIONS OR BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERSOR APPLICABLE BUILDING CODE SHALL CONTROL.COMMUNITY DEVELOPMENT DIRECTORCITY ENGINEER’S REVIEWTHIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERINGDEPARTMENT SURVEY REQUIREMENTS THIS DAY OF ,202__.CITY ENGINEERTITLE CERTIFICATETHE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY WHICH ISREGISTERED TO DO BUSINESS WITHIN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE OWNERS OFTHE REAL PROPERTY DESCRIBED HEREON HOLD FEE SIMPLE TITLE TO THE PROPERTY FREE AND CLEAR OF LEINS,TAXES, AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD LISTED ON THE TITLE COMMITMENT ISSUEDBY LAND TITLE GUARANTEE COMPANY UNDER FILE NO. Q62012373 EFFECTIVE DATE JUNE 3, 2021. ALTHOUGHWE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLENOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLEGUARANTEE COMPANY NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATIONWHATSOEVER.BY:TITLE:STATE OF COLORADO )) SSCOUNTY OF PITKIN )THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 202__, BY AS THE TITLE OFFICER OFLAND TITLE GUARANTEE COMPANY.WITNESS MY HAND AND OFFICIAL SEALASPEN CITY COUNCIL APPROVALTHIS FINAL PLAT OF THE VANDEMOER HILL PARCELS A & B WAS REVIEWED AND APPROVED BYTHE CITY OF ASPEN CITY COUNCIL ON THE DAY OF _______________, 202__, BYORDINANCE NO. _____, SERIES 202__, RECORDED ON IN THE OFFICE OF THE CLERK ANDRECORDER OF PITKIN COUNTY IN BOOK , PAGE AS RECEPTION NO. .MAYOR, CITY OF ASPENDATEATTEST:CITY CLERKCERTIFICATE OF DEDICATION AND OWNERSHIPKNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE OWNER IN FEE SIMPLE OF CERTAIN LANDS IN THE CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:LOT 2,​ VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF RECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF THE FINAL PLAT OF: VANDEMOER HILL PARCELS A & B, CITY OF ASPEN, PITKINCOUNTY, COLORADO; DIVIDE THE REAL PROPERTY INTO PARCELS A AND B AS SHOWN HEREON; AND DEDICATES EASEMENTS TO THE CITY OF ASPEN AS SHOWNHEREON FOR THE USES AND PURPOSES MORE FULLY DESCRIBED IN THE EASEMENT AGREEMENT RECORDED AT RECEPTION NO. ______________ OF THE PITKINCOUNTY RECORDS.EXECUTED THIS _____ DAY OF _________ , 2022.VANDEMOER FAMILY INCA COLORADO INCORPORATIONBY:___________________PRINT NAME: CRAIG VANDEMOERTITLE:MANAGERSTATE OF __________))SSCOUNTY OF ________)THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE METHIS ____ DAY OF ____________, 202__, BY CRAIG VANDEMOER ASMANAGERS OF VANDEMOER FAMILY INC.MY COMMISSION EXPIRES: ___________.WITNESS MY HAND AND OFFICIAL SEAL______________________NOTARY PUBLICSOURCE DOCUMENTS:·PLAT-VANDEMOER HILL LOTS SPLIT (BOOK 129-PAGE 11, RECEPTION NUMBER 670572)·THE OFFICIAL MAP OF THE CITY OF ASPEN APPROVED BY THE CITY ENGINEER G.E.BUCHANAN DATED DECEMBER 15 1959ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED.NOTES1)DATE OF FIELD WORK: DECEMBER, 2001-JUNE, 2001; SEPTEMBER 2019, SEPTEMBER 2020,AND SEPTEMBER, 2021.2)DATE OF PREPARATION: DECEMBER, 2001--JUNE, 2001; UPDATED SEPTEMBER-OCTOBER2019, AUGUST-SEPTEMBER, 2020, AND OCTOBER AND DECEMBER, 2021.3)BASIS OF BEARING: A BEARING OF S74°14'15"E BETWEEN THE 1988 CITY OF ASPEN-GPSCONTROL POINTS GPS-20 AND GPS-9(R), AT THE STREET INTERSECTIONS OF 7TH\FRANCISAND 6TH\FRANCIS, WHICH ESTABLISHED A SITE BEARING OF N 15°45'58" E BETWEEN THENORTHEAST CORNER OF LOT 2 AND THE SOUTHEAST CORNER OF LOT 2, BEING FOUNDMONUMENTS AS SHOWN.4)BASIS OF SURVEY: THE VANDEMOER HILL LOT SPLIT, PLAT BOOK 129 AT PAGE 11,RECEPTION NO. 670572 OF PITKIN COUNTY RECORDS.5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TODETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDINGEASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE TITLECOMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER No. Q62012373EFFECTIVE DATE JUNE 3, 2021.6)PROPERTY ADDRESS: 949 WEST SMUGGLER STREET, ASPEN, CO 816117)PITKIN COUNTY PARCEL ID NUMBER 273512212003SITE(BASIS OF BEARING)S74°14'15"EGPS-9(R)GPS-20(TIE ONLY) S51° 36' 05"E 413.09'(TIE ONLY) S40° 02' 59"E 460.91'DRAFTSURVEYOR CERTIFICATEI, MARK S. BECKLER, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE STATE OF COLORADO,THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE FINAL SUBDIVISION PLAT OF VANDEMOER LOT 2 SUBDIVISION ASLAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT ASSET FORTH IN C.R.S. SECTION 38-51-106, WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MYSUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAIDSUBDIVISION AS THE SAME ARE STAKED UP THE GROUND IN COMPLIANCE WITH STATE REGULATIONS COVERING THE SUBDIVISIONOF LAND. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SETFORTH IN THE TITLE COMMITMENT PREPARED TITLE COMPANY OF THE ROCKIES COMMITMENT NUMBER 0706274-C2, EFFECTIVEDATE JUNE 5TH, 2020 AND COMMITMENT ORDER NUMBER. Q62012373 EFFECTIVE DATE JUNE 3, 2021.IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS ____ DAY OF _________, 2021._____________________________MARK S. BECKLER, L.S. #28643LOT 1 AMENDED - RANGER STATION SUBDIVISION COLOSAL CORPERATION PITKIN COUNTY PARCEL I.D. NO. 273512428001 76 G G G G G G G G G G G G G G G G G G G G G G GEEEEEEEETTTTTTTTGGGGGGGGGWWWWWWWWWWWWW W W W W W W W WWWWWWWWWWWWWT T T T T T T T T T T T T T T T T T T T T T TTTTTTTTTTTTTTTTGGGGGGGGGGGGGGGGGGGGGGTEWSO EEEEETTTTTGGGGGX X XXX X X X X X X X X XX X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXCWSWSWS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSGGGGGGGGGGGGGGG kWhGM E G C-1 C-2 C-3 AR.4 AR.11 AR.A AR.A AR.G AR.G AR.4 AR.11 7900789 9 78 9 878977 8 9 678957896789778987897 7900 7 8 9 9789878997898789778957896 7901DD8''Ø 8''Ø 8''ØD AREA INLETWQCV DRYWELL (SEE DETAIL)PROPERTY LINEEASEMENTBUILDING SETBACKPROPOSED PROPERTY LINEPROPOSED BUILDING SETBACKPROPERTY LINE BUILDING SETBACK PROPERTY LINE BUILDING SETBACK EASEMENT EEEEEEEEEEEEEE E E E E E EE TCTCTCTCTCTCTCTCTCTCTCTCTC TC TC TC TC TC TC C T E GRATE ON ENTRY DRYWELL NEW ELECTRIC TRANSFORMER & PEDESTALS REROUTE GAS AR.3 AR.10 AR.B AR.B AR.H AR.H AR.3 AR.10 4' 'Ø PIPE THE NEW ROOF DRAINS, TYP.4''Ø4''Ø4''Ø4''Ø4''Ø 4''Ø 4''ØPIPE THE EX. ROOF DRAINS, TYP.4''ØSLSLSLNEW WATER SERVICE IN EASEMENT APPROX. LOCATION OF EX. SEWER MAIN W. Smuggler Street N. 8th StreetEx. Chalet Proposed Alley Residence Relocated Chicken Coop WSWSWSOEX. WATER SERVICE Gravel Alley PROPERTY LINEBUILDING SETBACKXXXXSS SS SS SS SS 7899NORTH RevisionDate 923 Cooper Avenue Suite 201 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Engineer or Surveyor Seal Sheet Client Information: PROJECT NO. FILE NAME: Designer: Drafter: Date:N:\PROJECTS\2021\21066-949 W Smuggler\dwg\21066-V-Topo.dwg 12/10/2021 3:35 PM9. 8. 7. 6. 5. 4. 3. 2. 12/10/21 djw djw 21066-v-topo.dwg 21066 Aspen, Coloroado 81611 949 W. Smuggler Street Chris Vandemoer Aspen, Colorado1.HPC Review / Preliminary PlanGrading, Drainage & Underground Piping Plan949 W. Smuggler StreetC.1 00 10'20' Scale: 1" = 10' Scale: N.T.S. Downspout Connection & Area Drain2 TYPICAL SITE DRAIN TYPICAL ROOF DRAIN BUILDING30" MIN.TEE TEE REDUCER (WHERE APPLICABLE) 90° BEND HEAT TAPE INSTALLED PER NOTES 4"Ø RISER TEE/BENDS WITH GLUED JOINTS OR WATERTIGHT ADAPTERS 6"Ø RISER, TYP. DOWNSPOUT FITTING OR IF DOWNSPOUT IS TOO LARGE, USE A 12" SQUARE NYLOPLAST INLINE DRAIN GRATE W/ A HOLE CUT IN GRATE TO MATCH THE DOWNSPOUT AND SLEEVE THE DOWNSPOUT/CHAIN AT LEAST 6" INTO THE PIPE. 12"Ø NYLOPLAST AREA DRAIN WITH DOME GRATE, 6"Ø PVC RISER OR BEND, TYP. INSTALL HEAT TAPE THROUGH THE PIPE AND CONNECT TO THE BOTTOM OF THE GRATE,TYP. INSTALL TEMPORARY FILTER FABRIC OR SEDIMENT BASKET UNDER THE GRATE. CAULK/SEAL WHERE DOWNSPOUTS ARE NOT IN IMMEDIATE PROXIMITY, INSTALL HEAT TAPE THROUGH AN ELECTRICAL CONDUIT. 6"Ø OR 8"Ø STORM SEWER (PER PLAN) NOTES: 1.ALL DOWNSPOUTS AND DECK DRAINS SHALL BE CONNECTED TO ADS N-12-WT CPP (WATERTIGHT), SCH.40 PVC OR SDR35 PVC. FLEXIBLE CORRUGATED PLASTIC IS NOT ACCEPTABLE. 2.ADDITIONAL FITTINGS AND BENDS MAY BE REQUIRED TO DEFLECT OVER OR AROUND LANDSCAPE WALLS. 3.HEAT TAPE SHALL BE INSTALLED IN ALL DOWNSPOUTS/STORM SEWER PIPES AND CONNECTED TO THE BOTTOM OF ALL INLET GRATES.RAIN CHAINOR DOWNSPOUT24" (MIN.) NOTES: 1.PRECAST MANHOLE SECTIONS SHALL MEET ASTM C-478 AND BE H-20 LOAD RATED. 2.THE EDGE OF THE DRYWELL (AT FILTER FABRIC) SHALL BE INSTALLED AT LEAST 10-FEET AWAY FROM ANY FOUNDATION WALL. 3.BACKFILL EXCAVATION AROUND THE STRUCTURE WITH COMPACTED 3/4" CRUSHED WASHED SCREENED STONE TO THE TOP OF THE DRYWELL AND WITH STRUCTURAL CLASS 2 ABC TO 12" BELOW FINISH GRADE.COMPACT BACKFILL TO 95% STANDARD PROCTOR. 4.PERFORATED SECTION TO BE INSTALLED 4 FT. MINIMUM INTO PERVIOUS ALLUVIUM. ENGINEER TO BE CONTACTED IMMEDIATELY IF GROUNDWATER OR BEDROCK IS ENCOUNTERED. 5.INLET AND OUTLET PIPES SHOULD ENTER DRYWELL AWAY FROM THE DRYWELL STEPS. 12" Scale: N.T.S. WQCV Drywell with Skimmer Pipe113'PRECAST CONCRETE SECTION(S) 4'Ø 10' MIN. PLACE MIRAFI FILTERWEAVE 500 (OR EQUAL) FILTER FABRIC AROUND, UNDER AND OVER CRUSHED STONE SKIMMER PIPE (SEE DETAIL) PRECAST PERFORATED RISER SECTION W/ 1"Ø PERCOLATION HOLES 8" THICK PRECAST CONCRETE LID SECTION WITH RUST RESISTANT ACCESS HATCH WITH LIFTING HANDLES.DRYWELL (7')INFLOW STORM/ UNDERDRAIN PIPE SYSTEM 2' PRECAST CONE SECTION 3/4" CRUSHED WASHED SCREENED STONE AROUND THE PERIMETER AND 1' BELOW THE DRYWELL UNDISTURBED SOIL 10"Ø SCH.40 PVC TO OTHER DRYWELL BARREL, 12" ABOVE GRAVEL BASE 10''ØD D 26'-6"8'-10"24" TYP. INTERCONNECT DRYWELL BARRELS WITH 10"Ø SCH.40 PVC INFLOW PLAN VIEW 48" STANDARD 4'Ø DRYWELL FILTER FABRIC 24"Ø DUCTILE IRON FRAME AND SOLID LID (H-20), SHIM TO MATCH THE SURFACE GRADE RIM: PER PLAN @ CENTER OF MANHOLE 12" WQCV DRYWELL: ATTACH THE HEAT TAPE AND ABSORPTION PILLOW TO THE TOP LADDER RUNG, TYP. SKIMMER PIPE24"8"Ø STEEL RISER WITH FLANGE END 6" DRILL (4) 1/2"Ø WEEP HOLES AT THE BASE WRAP THE BASE WITH A ROCK SOCK 1/2"Ø AIR RELEASE HOLEBMP BIO-SKIRT BIO20. SECURE ABOVE THE FLANGE WITH STAINLESS STEEL WIRE. REPLACE THE SKIRT ANNUALLY) ACCESS LID SECTION VIEW FILTER FABRIC, PIN INTO GRAVELS 10''ØD REVIEW CTCURTS NO NOIFTON R O EXISTING/PROPOSED ASPHALT PROPOSED IMPERVIOUS WALK/PATIO (CONCRETE OR PAVERS) PROPOSED GRASS/LAWN GENERAL DIRECTION OF FLOW T CE EXISTING/PROPOSED UTILITY PEDESTALS & METERS T CE GM EM 7965 LEGEND 7965 4''Ø 4''Ø X X X C/O 8''Ø 8''Ø W SO WM EXISTING CONTOUR PROPOSED CONTOUR PROPERTY LINE SETBACK EXISTING FENCE EXISTING/PROPOSED WATER SERVICE/SHUTOFF/METER EXISTING/PROPOSED SEWER SERVICE/CLEANOUT EXISTING/PROPOSED GAS PROPOSED FOUNDATION DRAIN SYSTEM (BY OTHERS) HEAT TAPE PROPOSED 4"Ø PVC STORM PIPE (WATERTIGHT) PROPOSED 8"Ø PVC STORM PIPE (WATERTIGHT) WS WS WSWS SL SL SLSL GG PROPOSED 6"Ø PVC STORM PIPE (WATERTIGHT)6''Ø 6''Ø EXISTING/PROPOSED SEWERSSSS EXISTING/PROPOSED WATER MAINWW S WV EXISTING/PROPOSED ELECTRICEE EXISTING/PROPOSED TELEPHONETT PROPOSED 4"Ø PERF. UNDERDRAIN PIPE NOTE: THIS PLAN IS INTENDED TO BE PLOTTED IN COLOR. FAILURE TO DO SO MAY RESULT IN MISSING DATA AND INFORMATION CRITICAL TO THE PROJECT. / / / / / / / PROPOSED SWALE FLOWLINE>>>> 77 MAIN CHALET "B""A" ALLEY WEST SMUGGLER FENCE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE 18,000 SF EXSITING 180 x 100 10' FRONT YARD 15' SIDE YARD WEST 15' SIDE YARD EAST 10' REAR HAB/ (PRIMARY) 5' REAR GARAGE (SECONDARY) 10 15 10 5 15 PARKING / PULL OUT MAIN LVL: HABITABLE - 1118.0 SQ FT DECK (EXISTING) - 701.4 (EXEMPT FA) - 15% of 4,590 SQ FT = 688.50 SQ FT DECK FA MAIN DECK: 701.4 (281.2 EXEMPT) = 420.2 5 SQ FT DECK SURFACE TOTAL MAIN DECK - 425.2 SF 1,118.0 SQ FT COUNTABLE (MAIN) UPPER LVL: HABITABLE - 1118.0 SQ FT/ 703.98 SF FA (OPEN LIVING - 360.55) (OPEN STAIR - 53.47) DECK (EXISTING) - 45 SQ FT (EXEMPT FA) - 15% of 4,490 SQ FT = 688.50 SQ FT, THEREFORE 0 SQ FT COUNTABLE 703.98 SQ FT COUNTABLE (UPPER) 1,118 360.55 701.4 53.47 45 MAIN CHALET TOTAL: HABITABLE - 66.46 (L) + 1118 (M) + 703.98 (U) = 1,888.44 SQ FT (DECK EXEMPT FA) - 15% of 4,490 SQ FT = 688.5 SQ FT DECK (EXIST) - 746.4 SQ FT / 281.2 SF EXEMPT = 465.2 SF ROOF / DECK OVERHANG = 5 + 86.6 = 91.6 SQ FT 556.8 SQ FT DECK / = O FA COUNTABLE (131.7 SF UNDER) 1,888.44 SQ FT COUNTABLE (TOTAL) "B" 127.5 OUTBUILDINGS TOTAL: "A" HABITABLE - 254 SQ FT "B" HABITABLE - 127.5 SQ FT 381.5 SQ FT COUNTABLE (TOTAL) FA TOTAL USED FOR 18,000 SF LOT R-6 ZONING: 4,490 SF POSSIBLE 2,269.94 SQ FT FA USED / 2,220.06 AVAILABLE MAIN CHALET SUBGRADE LEVEL: HABITABLE - 590.0 SQ FT TOTAL WALL 108.4 SQ FT EXPOSED WALL= 18.37% EXPOSURE 416.0 SQ FT SUBGRADE (18.37%) = 66.46 SQ FT COUNTABLE FA (A) (B) (C) (D) (A) LINE OF GRADE: EXTERIOR 21.74 exposed 110.0 total wall7'-6"6'-134"UNDERSIDE OF STRUCTURE 14'-8"1'-414"7'-6"6'-134"1'-414"(B)33.4 exposed 185.0 total wall (C)19.86 exposed 110.0 total wall UNDERSIDE OF STRUCTURE UNDERSIDE OF STRUCTURE 24'-8"7'-6"6'-134"1'-414"14'-8" LINE OF GRADE: HIDDEN CRAWLSPACE LINE OF GRADE: HIDDEN CRAWLSPACE 36.82 416 / 86.6 ROOF (OVERHANGS): COUNTABLE FA - 86.6 SQ FT + 5 SF UPPER DECK = 91.6 OVERHANG 4'-6" AROUND CHALET 4' OVERHANG ALLOWABLE FOR FA EXEMPTION, THEREFORE 6" PERIMETER SURROUND COUNTABLE = 0 SQ FT 5 1,11824'-8"24'-8"14'-8" 14'-8"7'-6"6'-134"1'-414"UNDERSIDE OF STRUCTURE 24'-8" LINE OF GRADE: HIDDEN CRAWLSPACE (D)33.4 exposed 185.0 total wall 281.2 EXEMPT STREET FACING DECK TOTALS: ALLOWABLE FA - 688.5 SF 281.2 (EXM)/ 425.2 SF MAIN 45 SF UPPER 86.6 ROOF OVERHANG THEREFORE , 556.8 SQ FT USED 131.7 SF UNDER / 0 SF FA "A" OUTBUILDING "A": 254 SF OUTBUILDING "B": 127.5 SF MAIN CHALET "B" 10,000 SF PROPOSED 100 x 100 8,000 SF PROPOSED 80 x 100 30' FRONT YARD 10' SIDE YARD WEST 5' SIDE YARD EAST 30 10 10 10 10 5 10 5 10 5 ALLEY WEST SMUGGLER FENCE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE PARKING / PULL OUT CONCEPTUAL SITE PLANS PROPOSED FEB 2022 949-1-"A" "949-HOUSE" 1 TBD SITE PLAN EXISTING: 949 SMUGGLER SCALE : 1/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 3 TBD EXISTING (R-6 - 18,000 SF LOT) FLOOR AREA CONDITIONS: 949 SMUGGLER SCALE : 1/16" = 1'-0" 2 TBD SITE PLAN PROPOSED: 949 SMUGGLER SCALE : 1/16" = 1'-0" 78 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WWWWWWWWWWWWWWWWWWWFND. REBAR W/ALUM CAP NO MARKINGS ELEVATION = 7895.94' PROJECT BENCHMARK LOT 2 - V A N D E M O E R H I L L L O T SPLIT18,00 0 S Q . F T . + / - 0.413 2 A C R E S + / - LOT 1 - V A N D E M O E R H I L L L O T S P L I T 949 W E S T S M U G G L E R S T L L C PITKIN C O U N T Y P A R C E L I D . N O . 2 7 3 5 1 2 2 1 2 0 0 2 19.44 ' A L L E Y R . O . W . 75.00 ' W E S T SMU G G L E R R . O . W . FINIS H E D F L O O R ELEV A T I O N 7 9 0 1 . 0 ' PRO P E R T Y L I N E PRO P E R T Y L I N E BS PINE 22.4"/ 34' DL BS PINE 28.1"/ 32' DL LOT 2 EXIS T I N G W O O D F E N C E EXIS T I N G W O O D F E N C E EXISTING WOOD FENCEEXIS T I N G W O O D F E N C E EXIS T I N G W O O D F E N C E BS PINE 25.2"/ 32' DL BS PINE 25.2"/ 32' DL PRO P E R T Y L I N E DECID 8"/ 16' DL STO N E ENR Y P A V E R S WOO D W R A P A R O U N D D E C K PRO P E R T Y L I N E PRO P E R T Y L I N E PROPERTY LINE15' EAST SIDE YARD SETBACK10' F R O N T Y A R D S E T B A C K 10' F R O N T Y A R D S E T B A C K 15' WEST SIDE YARD SETBACKPROPERTY LINE10' R E A R Y A R D S E T B A C K ( P R I M A R Y ) 5' RE A R Y A R D S E T B A C K ( S E C O N D A R Y ) PRO P E R T Y L I N E 18,0 0 0 S Q F T + / - 0.41 3 2 A C R E S + / - EXIS T I N G G R A V E L P A R K I N G / PULL O F F DECID 3 - 4.4"/ 10' DL BS PINE 30.2"/ 27'-6" DL DECID 11"/ 13' DL BS PINE 7.7"/ 14' DL DECID 2 - 4.1"/ 10' DL DECID 4.5"/ 7' DL DECID 4.1"/ 7' DL DECID 4.1"/ 7' DL DECID 5.9"/ 8' DL DECID 4.4"/ 7' DL DECID 4.3"/ 7' DL DECID 4.7"/ 7' DL DECID 4.3"/ 7' DL EXIS T I N G W O O D F E N C E EXIS T I N G W O O D F E N C E EXISTING WOOD FENCEDECID 9"/ 13' DL BS PINE 15.8"/ 22' DL DECID 16.7"/ 30' DL DECID 21.5"/ 30' DL DECID 21.5"/ 30' DL DECID 14.9"/ 22' DL DECID 12.6"/ 18' DL DECID 7.4"/ 12' DL DECID 11.2"/ 13' DL DECID 11.1"/ 16' DL 78 9 9789978 9 8 7898789778967895789478987898 789778977897789 6 7896 78 9 878977 8 9 8 7896 789 6 789 578977896 7896 7898EXISTING SITE PLAN FEB 2022 949-1-"B" "949-HOUSE" 1 TBD SITE PLAN EXISTING: 949 SMUGGLER SCALE : 1:10 / 1'-0"= 10'a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 79 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WWWWWWWWWWWWWWWWWWWFND. REBAR W/ALUM CAP NO MARKINGS ELEVATION = 7895.94' PROJECT BENCHMARK LOT 1 - V A N D E M O E R H I L L L O T S P L I T 949 W E S T S M U G G L E R S T L L C PITKIN C O U N T Y P A R C E L I D . N O . 2 7 3 5 1 2 2 1 2 0 0 2 19.44 ' A L L E Y R . O . W . 75.00 ' W E S T SMU G G L E R R . O . W . FINIS H E D F L O O R ELEV A T I O N 7 9 0 1 . 0 ' PRO P E R T Y L I N E PRO P E R T Y L I N E BS PINE 22.4"/ 34' DL BS PINE 28.1"/ 32' DL LOT 2 ( B ) EXIS T I N G W O O D F E N C E EXIS T I N G W O O D F E N C E EXISTING WOOD FENCEEXIS T I N G W O O D F E N C E BS PINE 25.2"/ 32' DL BS PINE 25.2"/ 32' DL PRO P E R T Y L I N E DECID 8"/ 16' DL STO N E ENR Y P A V E R S WOO D W R A P A R O U N D D E C K PRO P E R T Y L I N E PRO P E R T Y L I N E PROPERTY LINE5' EAST SIDE YARD SETBACK(PROPOSED)30' F R O N T Y A R D S E T B A C K P E R R-6 ( P R O P O S E D ) 10' F R O N T Y A R D S E T B A C K 10' WEST SIDE YARD SETBACK(PROPOSED)PROPERTY LINE10' R E A R Y A R D S E T B A C K ( P R I M A R Y ) 5' RE A R Y A R D S E T B A C K ( S E C O N D A R Y ) PRO P E R T Y L I N E 8,00 0 S Q F T + / - 0.18 3 7 A C R E S + / - EXIS T I N G G R A V E L P A R K I N G / PULL O F F DECID 3 - 4.4"/ 10' DL BS PINE 30.2"/ 27'-6" DL DECID 11"/ 13' DL BS PINE 7.7"/ 14' DL DECID 2 - 4.1"/ 10' DL DECID 4.5"/ 7' DL DECID 4.1"/ 7' DL DECID 4.1"/ 7' DL DECID 5.9"/ 8' DL DECID 4.4"/ 7' DL DECID 4.3"/ 7' DL DECID 4.7"/ 7' DL DECID 4.3"/ 7' DL EXIS T I N G W O O D F E N C E EXISTING WOOD FENCEDECID 12.6"/ 18' DL DECID 7.4"/ 12' DL DECID 11.2"/ 13' DL DECID 11.1"/ 16' DL 78 9 9789978 9 8 7898789778967895789478987898 7897789778977896 7896 78977 8 9 8 7896 78 9 6 789 578977896 7896 789810' WEST SIDE YARD SETBACK(PROPOSED)PROPERTY LINE (PROPOSED)PROPERTY LINE (PROPOSED)10' F R O N T Y A R D S E T B A C K ALLO W A B L E F O R A L L U T I L I T Y + SUB G R A D E I M P R O V E M E N T S P E R R-6 ( P R O P O S E D )10' EAST SIDE YARD SETBACK(PROPOSED)LOT 2 ( A ) 10,0 0 0 S Q F T + / - 0.22 9 6 A C R E S + / - 10' R E A R Y A R D S E T B A C K (PRI M A R Y ) 5' RE A R Y A R D S E T B A C K ( S E C O N D A R Y ) LINE O F U P P E R L E V E L ABOV E LINE OF DECK ABOVELINE OF DECK ABOVEE G C-1 C-2 C-3 LW O P E N T O SUBG R A D E L V L . LW O P E N T O SUBG R A D E L V L . CONC . P A T I O ( < 6 " ) CON C . P A T I O ( < 6 " ) CONC . S L A B ( < 6 " ) CONC . S L A B ( < 6 " ) CONC . A P R O N ( < 6 " ) CONC . P A T I O ( < 6 " ) TRELL I S / O V E R H A N G A B O V E UPPE R L E V E L R O O F A B O V E UPPER LEVEL ROOF ABOVEFINIS H E D F L O O R ARC H 1 0 0 ' - 0 " = 7 9 0 0 . 5 ROOF O V E R H A N G ABOV E ROOF O V E R H A N G ABOV E EXIS T I N G C H I C K E N COO P ( O U T B U I L D I N G ) 5' 3'-8"SHED - 5' FROM EAST SIDE PLOVERHANG - 3'-8" FROM EAST PLLINE O F R O O F A B O V E LINE O F R O O F A B O V E WOO D W R A P A R O U N D D E C K PROPOSED SITE PLAN FEB 2022 949-1-"C" "949-HOUSE" 1 TBD SITE PLAN PROPOSED: 949 SMUGGLER SCALE : 1:10 / 1'-0"= 10'a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 80 MAIN CHALET "B""A" ALLEY WEST SMUGGLER FENCE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE 18,000 SF EXSITING 180 x 100 10' FRONT YARD 15' SIDE YARD WEST 15' SIDE YARD EAST 10' REAR HAB/ (PRIMARY) 5' REAR GARAGE (SECONDARY) 10 15 10 5 15 PARKING / PULL OUT EXPOSED SITE NON-ENCLOSED AREAS / CANOPY OVERHEAD LEGEND ENCLOSED STRUCTURE EXISTING SITE COVERAGE CALCULATIONS TOTAL STRUCTURE FOOTPRINT AREA (SQ FT) 1,518.90 (SF) EXISTING SITE COVERAGE DIAGRAM (18,000 SF LOT) : 1/16" = 1'-0"EXISTING SITE PLAN (SINGLE LOT 18,000 SF) : 1/16" = 1'-0" GROSS LOT SIZE / NET LOT SIZE (SQ FT) EXISTING SITE COVERAGE (R-6 MAX = 25%)8.44% (ALLOWABLE) PROPOSED SITE COVERAGE CALCULATIONS PROPOSED SITE COVERAGE (R-6 MAX = 37.33%) 2,532.02 (SF)PROPOSED 949 W SMUGGLER SITE COVERAGE (SQ FT) GROSS LOT SIZE / NET LOT SIZE (SQ FT) PROPOSED SITE COVERAGE DIAGRAM (10,000 SF LOT) : 1/16" = 1'-0"PROPOSED SITE PLAN (SLPIT LOTS - 10,000 SF LOT FOCUS) : 1/16" = 1'-0" 10,000 (SF) / 10,000 (SF) EXISTING 949 W SMUGGLER SITE COVERAGE (SQ FT) 1,518.90 (SF)2,532.02 (SF)TOTAL STRUCTURE FOOTPRINT AREA (SQ FT) 25.32% (ALLOWABLE) 18,000 (SF) / 18,000 (SF) MAIN CHALET "B" 10,000 SF PROPOSED 100 x 100 8,000 SF PROPOSED 80 x 100 30' FRONT YARD 10' SIDE YARD WEST 5' SIDE YARD EAST 30 10 10 10 10 5 10 5 10 5 ALLEY WEST SMUGGLER FENCE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE PARKING / PULL OUT 949 WEST SMUGGLER 18,000 sq ft EXISTING CHALET FOOTPRINT - 1,137.40 sq ft SITE COVERAGE 1,518.90 sq ft / 18,000 sq ft = 8.44 % Site Coverage Exisiting EXISTING CHICKEN COOP FOOTPRINT - 127.75 sq ft EXISTING OUTBUILDING FOOTPRINT - 253.75 sq ft 949 WEST SMUGGLER 10,000 sq ft SITE COVERAGE 2,532.02 sq ft / 10,000 sq ft = 25.32 % Site Coverage Proposed (10,000 sq ft interior lot) PROPOSED CHALET FOOTPRINT - 1,137.40 sq ft PROPOSED CHICKEN COOP FOOTPRINT - 127.75 sq ft PROPOSED ALLEY SFR FOOTPRINT - 1,266.87 sq ft FEB 2022 ZN-003 SITE COVERAGE DIAGRAMS & NUMERIC BREAKDOWNS 1/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 81 EXISTING CHALET BASEMENT/ SUBGRADE FLOOR AREA PLANNING DIAGRAM : 1/8" = 1'-0" FAR (Z-004) EXISTING CHALET / EXT. COOP MAIN LEVEL FLOOR AREA PLANNING DIAGRAM : 1/8" = 1'-0" 416.0 GROSS SQ FT TOTAL SUBGRADE: 18.37% WALL EXPOSURE MECHANICAL SUBGRADE EXCAVATION (3 OF 4 WALL HIDDEN TO EXTERIOR) 36.82 SQ FT FA COUNTABLE KEY - SUBGRADE LVL. / EXISTING SUBGRADE WALL DIAGRAMS (CHALET) : 1/8" = 1'-0" HABITABLE GARAGE PORCH/ DECK EXTERIOR STORAGE LEGEND EXISTING MAIN / GROUND FLOOR AREA CALCULATIONS - 949 W SMUGGLER (CHALET +EXT. COOP) EXISTING/ PROPOSED FLOOR AREA CALCULATIONS (CHALET & CHICKEN COOP) EXISTING SUBGRADE / LOWER LVL. WALL AREA CALCULATIONS - 949 W SMUGGLER (CHALET + EXT. COOP) Floor Area Summary Existing Gross (Sq Ft)Existing Floor Area (Sq Ft)Reference ZN-004, ZN-006 ZN-005, ZN-007 Basement Habitable (Lower Subgrade Level)416.0 66.46 Main Level Habitable Chalet (Ground Floor)1,118.0 1,118.0 Upper Level Habitable Chalet ZN-004 - ZN-007 Porch/ Stair Access /Deck/ Roof Overhang Area Total 2,779.5 Habitable / 0 Garage 2,015.94 (FA USED-HISTORIC)2,124.06 (FA UNUSED: PROPOSED ALLOWABLE MAXIMUM FA) Total Allowable FA For Two Detached Dwellings on10,000 square foot lot PER R-6 COA LAND USE CODE = 4,140.0 FA Main Level Habitable Chicken Coop 127.5 127.5 Exterior Storage Area - Mechanical Usage NA NA 0 (GROSS) 127.5 (FA) 0 (GROSS) 1,245.50 (FA) 701.4 (GROSS) / 281.2 EX (15% of 4,140.0) = 621 SF allow 1,118.0 (GROSS) ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 1,118.0 703.98 0 FA Countable / 621.0 Allowable838.0 (Total) / 281.2 (Exempt) 1,245.5 (FA) CHALET + CHICKEN COOPTOTAL EXISTING GROUND FLOOR AREA (SQ FT) TOTAL EXISTING FLOOR AREA CALCULATIONS - 949 W SMUGGLER (CHALET +EXT. COOP) BASEMENT FLOOR AREA (SQ FT) GROUND FLOOR AREA - CHALET (SQ FT) 2ND FLOOR AREA - CHALET (SQ FT) PORCH/ DECK AREA TOTAL (SQ FT) TOTAL EXISTING FLOOR AREA (SQ FT) 416.0 / 66.46 (FA) 1,118.0 / 1,118.0 (FA) 746.4 GROSS / 281.2 EX 2,015.94 (FA)(2,015.94 FA < 4,140.0 FA) 127.5 / 127.5 (FA) (4,140 x .15%) = 621.0 allow 1,118.0 / 703.98 (FA) 1118.0 GROSS SQUARE FEET AREA 1118.0 SF FA COUNTABLE (CHALET)L-A :M-A : M-B : M-C :281.2 SF EXT. ENTRY (PRIMARY) STEPS + FRONT PORCH: STREET FACING / (HISTORIC) THEREFORE, 281.2 SF EXEMPT FROM FA TOTAL DECK CALCULATION M-D :DECK OVERHANG ABOVE (OVERHANG EXCEEDS 48") 5.0 SF FA COUNTABLE M-E : KEY - EXISTING MAIN / GROUND LVL. (CHALET + CHICKEN COOP) BASEMENT FLOOR WALL LABEL TOTAL WALL AREA (SQ FT)EXPOSED WALL AREA (SQ FT) A 110.0 21.74 B 185.0 33.4 C 110.0 19.86 D 185.0 33.4 OVERALL TOTAL WALL AREA (SQ FT)590.0 EXPOSED WALL AREA (SQ FT)108.4 18.37%SUBGRADE 949 WALL EXPOSURE CALCULATION 18.37% (416.0 ACTUAL SF) = 66.46 SF FA COUNTABLE EXISTING & PROPOSED BASEMENT/ SUBGRADE FLOOR AREA CALCULATIONS - 949 CHALET + CHICKEN COOP MECHANICAL / SUBGRADE FLOOR AREA (SQ FT)416.0 (18.37% X 416.0)66.46949 SUBGRADE COUNTABLE FLOOR AREA (SQ FT) TOTAL BASEMENT COUNTABLE FLR AREA (SQ FT) PORCH/ DECK AREA COUNTABLE (SQ FT) GROUND FLOOR AREA TOTAL HAB. (SQ FT) - FA GROUND PORCH/ DECK/OVERHANGS (GROSS SF) GROUND FLOOR STAIR & MISC. EXEMPTIONS: INT. GROUND FLOOR AREA - CH (GROSS SQ FT HAB) GROUND PORCH/ DECK AREA (COUNTABLE FA)420.2 -CH / 5.0 -OH (425.2) LEGEND (WALLS) EXPOSED WALL WALL BELOW GRADE Entry Porch Area/ Stairs Exempt 425.2 -M / 131.6 -U = (556.8), therefore 0 FA7'-6"6'-134"14'-8"1'-414"7'-6"6'-134"1'-414"24'-8"6'-134"14'-8"6'-134"24'-8" 110.0 sq ft / 21.74 sq ft ex UNDERSIDE OF STRUCTURE LINE OF GRADE : HIDDEN CRAWL SPACE UNDERSIDE OF STRUCTURE LINE OF GRADE : EXTERIOR UNDERSIDE OF STRUCTURE LINE OF GRADE : HIDDEN CRAWL SPACE UNDERSIDE OF STRUCTURE LINE OF GRADE : HIDDEN CRAWL SPACE 7'-6"1'-414"7'-6"1'-414"185.0 sq ft / 33.4 sq ft ex 110.0 sq ft / 19.86 sq ft ex 185.0 sq ft / 33.4 sq ft ex CH-001 EXCAVTED SUBGRADE FOUNDATION AREA / MECHANICAL ELEV: 100'-0" T.O. Gravel Foundation Level ARCH 100'-0" = 7860.0 9" x 12" FP CLEANOUT 18" x 18" FP CLEANOUT (A) (B) (C) (D) 416.0 24'-8"24'-8"14'-8" 14'-8" ELEV: 100'-0" T.O. F.F. Main Level ARCH 100'-0" = 7860.0 123456 7 8 7.257.757.757.58.08.57.5 7.5 8.0 7.0 6.0 6.0 CH-100 CHALET ENTRY/ STAIR CH-107 LIVING AREA CH-106 DINING AREA MASONRY WOOD BURNING FIREPLACE CH-104 KITCHEN PASS THROUGH CH-103 BATHROOM CH-110 BEDROOM 2 CH-108 BEDROOM 1 CH-100 CHALET WRAPAROUND DECK 1118.0 701.5 CH-109 CLOSET 1 CH-105 SUB ACCESS CH-101 HALLWAY 8.0 4.5 7.5 CH-102 CLOSET CH-111 CLOSET 2 CH-103 CLOSET DW REF RANGE/ OVEN6.06.0SINK CC-100 OUTBUILDING OPEN PLAN ELEV: 100'-0" T.O. Plwd. F.F. Main Level ARCH 100'-0" = 7899.5 GRADE ELEV 127.5 ROOF OVERHANG ABOVE 701.4 GROSS SQUARE FEET AREA WRAP-AROUND MAIN LEVEL PORCH (CHALET) 127.5 GROSS SQUARE FEET AREA 127.5 SF FA COUNTABLE (CHICKEN COOP) NOTE :FOR 10,000 SF TWO DETACHED DWELLING R-6 LOT, FLOOR AREA ALLOWABLE = 4,140 SF THERFORE, DECKS FA EXEMPT TO 15% OF 4,140 SF, WHICH EQUALS 621 SF BEFORE COUNTABLE TOWARDS FA MAIN LEVEL DECK / OVERHANG SF TOTAL: 701.4 (TOTAL) - 281.2 ( FRONT) + 5 (OVERHANG) = 425.2 SF GROUND FLOOR STAIR & MISC. EXEMPTIONS: INT. GROUND FLOOR AREA - CC (GROSS SQ FT HAB)GROUND FLOOR AREA - EX. COOP (SQ FT) ROOF/ DECK OVERHANG AREA TOTAL (SF)131.6 GROSS Chalet / Ext. Coop Hab Existing Floor Area - Historic Chalet + Chicken Coop (Sq Ft) 556.8 SF Deck Area Used for Historic / 621.0 Allowable = 64.2 SF Deck Exemption Area Remaining for PROPOSED until countable @ 1:1 (4,140 x .15%) = 621.0 allow Floor Area Breakdown: 949 West Smuggler (Historical / Existing Conditions) ZN-004 EXISTING FLOOR DIAGRAMS & NUMERIC BREAKDOWNS 1/8" = 1'-0" FEB 2022 AREAa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 82 HABITABLE GARAGE PORCH/ DECK EXTERIOR STORAGE LEGEND EXISTING UPPER LVL. CHALET / FLOOR AREA PLANNING DIAGRAM : 1/8" = 1'-0"EXISTING ROOF AREA DIAGRAMS (CHALET + EXT. COOP) : 1/8" = 1'-0" EXISTING UPPER FLOOR AREA CALCULATIONS - HISTORICAL CHALET EXISTING FLOOR AREA CALCULATIONS UPPER FLOOR AREA - VICTORIAN (SQ FT) - FA 45.0UPPER PORCH/ DECK AREA CHALET (GROSS SQ FT) UPPER FLOOR STAIR & MISC. EXEMPTIONS: INT. 703.98 (FA) 53.47 (GROSS)53.47 Open Stair Exemption 1102.60 (GROSS)UPPER FLOOR AREA- CHALET (GROSS SQ FT) KEY - EXISTING UPPER LEVEL - CHALET ALL SF (FA) COUNTABLE ROOF AREAS/ OVERHANGS REPRESENTED ON UPPER LEVEL PLANNING DIAGRAM FOR CHALET. NO COUNTABLE FA REGARDING EXT. CHICKEN COOP ROOF U-A :NOTE : KEY - EXISTING ROOF LVLS. 53.47 SQ FT EXEMPT AREA FOR OPEN STAIR (CHALET) EXISTING UPPER FLOOR DECK AREA TOTAL (SQ FT) UPPER ROOF OVERHANGS > 48" (GROSS SQ FT) 703.98 (FA)TOTAL EXISTING UPPER FLOOR AREA (SQ FT) 45.0 GROSS SQUARE FEET AREA UPPER LEVEL DECK AREA / 5.0 SF AREA COUNTABLE PER 48" MAXIMUM PROJECTION 86.6 SQ FT ROOF (OVERHANG) 4'-6" OVERHANG AROUND CHALET, 4' OVERHANG ALLOWABLE FOR FA EXEMPTION, THEREFORE - 6" PERIMETER SURROUND COUNTABLE TOWARDS FA TOTAL U-B : U-C : U-D : U-E : (4,140.0 x .15%) = 621.0 allow (4,140.0 x .15%) = 621.0 allow 425.2 -M / 304.35 -U (131.6) = 556.8 total < 621 allowable 86.6 45.0 OPEN TO BELOW 123456 7 8 7.257.757.757.58.08.57.5 7.5 8 7.5 8 7.5 8 7.5 8 7.5 8 7.5 8 7.5 CH-200 UPPER LOFT/ STAIR CH-204 UPPER LOFT/ STAIR CH-202 BEDROOM 3 CH-201 UPPER LOFT/ STAIR CH-205 BEDROOM 3 DECK 360.55 53.47 BUILT-IN CLOSET WALL 1118.0 SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF EXISTING WOOD CEDAR SHINGLE ROOF EXISTING WOOD CEDAR SHINGLE ROOF EXISTING WOOD CEDAR SHINGLE ROOF SLOPE 12 7 VIF SLOPE 12 7 VIF EXISTING WOOD CEDAR SHINGLE ROOF 1118.0 GROSS SQUARE FEET AREA 703.98 SF FA COUNTABLE (CHALET) UPPER LEVEL U-A U-C U-B 360.55 SQ FT EXEMPT AREA FOR OPEN TWO STORY LIVING AREA VOLUME U-D U-E NOTE :FOR 10,000 SF TWO DETACHED DWELLING R-6 LOT, FLOOR AREA ALLOWABLE = 4,140 SF THERFORE, DECKS FA EXEMPT TO 15% OF 4,140 SF, WHICH EQUALS 621 SF BEFORE COUNTABLE TOWARDS FA MAIN LEVEL DECK / OVERHANG SF TOTAL: 701.4 (TOTAL) - 281.2 ( FRONT EXEMPTION) + 5.0(OVERHANG) = 425.2 SF UPPER LEVEL DECK SF TOTAL: 45.0 (TOTAL) + 86.6 (OVERHANG) = 131.6 SF TOTAL DECK FA USED (HISTORIC PORTION) = 556.8 SF (621.0 SF DECK EXEMPTION ALLOWABLE/ 64.2 SF REMAINING) Floor Area Summary Existing Gross (Sq Ft)Existing Floor Area (Sq Ft)Reference ZN-004, ZN-006 ZN-005, ZN-007 Basement Habitable (Lower Subgrade Level)416.0 66.46 Main Level Habitable Chalet (Ground Floor)1,118.0 1,118.0 Upper Level Habitable Chalet ZN-004 - ZN-007 Porch/ Stair Access /Deck/ Roof Overhang Area Total 2,779.5 Habitable / 0 Garage 2,015.94 (FA USED-HISTORIC)2,124.06 (FA UNUSED: PROPOSED ALLOWABLE MAXIMUM FA) Floor Area Breakdown: 949 West Smuggler (Historical / Existing Conditions)Total Allowable FA For Two Detached Dwellings on10,000 square foot lot PER R-6 COA LAND USE CODE = 4,140.0 FA Main Level Habitable Chicken Coop 127.5 127.5 Exterior Storage Area - Mechanical Usage NA NA ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 1,118.0 703.98 0 FA Countable / 621.0 Allowable838.0 (Total) / 281.2 (Exempt) TOTAL EXISTING FLOOR AREA CALCULATIONS - 949 W SMUGGLER (CHALET +EXT. COOP) BASEMENT FLOOR AREA (SQ FT) GROUND FLOOR AREA - CHALET (SQ FT) 2ND FLOOR AREA - CHALET (SQ FT) PORCH/ DECK AREA TOTAL (SQ FT) TOTAL EXISTING FLOOR AREA (SQ FT) 416.0 / 66.46 (FA) 1,118.0 / 1,118.0 (FA) 746.4 GROSS / 281.2 EX 2,015.94 (FA)(2,015.94 FA < 4,140.0 FA) 127.5 / 127.5 (FA) (4,140 x .15%) = 621.0 allow 1,118.0 / 703.98 (FA) PORCH/ DECK AREA COUNTABLE (SQ FT)425.2 -M / 131.6 -U = (556.8), therefore 0 FA GROUND FLOOR AREA - EX. COOP (SQ FT) ROOF/ DECK OVERHANG AREA TOTAL (SF)131.6 GROSS Existing Floor Area - Historic Chalet + Chicken Coop (Sq Ft) 556.8 SF Deck Area Used for Historic / 621.0 Allowable = 64.2 SF Deck Exemption Area Remaining for PROPOSED until countable @ 1:1 (4,140 x .15%) = 621.0 allow UPPER FLOOR STAIR & MISC. EXEMPTIONS: INT.360.55 (GROSS)360.55 Two Story Exemption ZN-005 EXISTING FLOOR DIAGRAMS & NUMERIC BREAKDOWNS 1/8" = 1'-0" FEB 2022 AREAa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 83 EXPOSED WALL WALL BELOW GRADE LEGEND HABITABLE PROPOSED ALLEY RESIDENCE : BASEMENT FLOOR AREA DIAGRAM : 1/8" = 1'-0"PROPOSED FLOOR AREA CALCULATIONS FAR (Z-006) LP-A :1,266.85 GROSS SQUARE FEET TOTAL SUBGRADE PERIMETER CONSTRUCTION: 5.01% SUBGRADE WALL EXPOSURE, THEREFORE 63.47 SQ FT FA COUNTABLE LP-A 11'10'58'-4"11'10'17'-4"11'10'33'-91 2" 18'-11 2"4'11'-8"11'10'4'-2"11'10'23'-81 2"11'10'22'-4" 9'-2"4'9'-2" 641.67 sq ft / 0 sq ft ex LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT 190.67 sq ft / 0 sq ft ex 45.83 sq ft / 0 sq ft ex LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT 371.71 sq ft / 44.0 sq ft ex LW LW LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT LINE OF GRADE: EXTERIOR UNDERSIDE OF STRUCTURE CEILING HEIGHT 260.80 sq ft / 0 sq ft ex 245.67 sq ft / 44.0 sq ft ex TOTAL PROPOSED ALLEY RESIDENCE FLOOR AREA CALCULATIONS BASEMENT FLOOR AREA (SQ FT) GROUND MAIN FLOOR AREA (SQ FT) 2ND FLOOR / UPPER LEVEL AREA (SQ FT) PORCH/ DECK/ OVERHANGS AREA (SQ FT) TOTAL PROPOSED FLOOR AREA (SQ FT) GARAGE FLOOR AREA - ALLEY (SQ FT) 1,266.85 / 63.47 (FA) 669.78 / 669.78 (FA) 2,108.39 (FA) for Proposed Alley Residence Utilized 2,108.39 FA (AR) + 2,015.94 (HIS) = 4,124.33 SF FA TOTAL 288.86 / 19.43 (FA) (4,140.0 x .15%) = 621.0 allowable 1,027.14 / 940.55 (FA) 453.98 total / 389.78 (FA) TOTAL PROJECT FLOOR AREA IF APPROVED GARAGE FLOOR AREA - CHALET (SQ FT)300.76 / 25.38 (FA) ZN-006 PROPOSED FLOOR DIAGRAMS & NUMERIC BREAKDOWNS 1/8" = 1'-0" FEB 2022 AREAa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 84 HABITABLE GARAGE PORCH/ DECK EXTERIOR STORAGE LEGEND PROPOSED ALLEY RESIDENCE MAIN FLOOR AREA PLANNING DIAGRAM : 1/8" = 1'-0"PROPOSED ALLEY RESIDENCE UPPER FLOOR AREA PLANNING DIAGRAM: 1/8" = 1'-0" PROPOSED ALLEY RESIDENCE UPPER FLOOR AREA CALCULATIONS PROPOSED ALLEY RESIDENCE FLOOR AREA CALCULATIONS PROPOSED ALLEY RESIDENCE MAIN LEVEL / GROUND FLOOR AREA CALCULATIONS 669.78 (FA)GROUND FLOOR AREA (SQ FT) - FA 64.2 (Exemption Remaining)GROUND PORCH/ DECK AREA (GROSS SQ FT) GROUND FLOOR STAIR & MISC. EXEMPTIONS: INT.0 669.78 (GROSS)GROUND FLOOR AREA (GROSS SQ FT HAB) GARAGE (PROPOSED) FLOOR AREA (SQ FT) - FA GARAGE (PROPOSED)FLOOR AREA (GROSS SQ FT)288.86 (GROSS) 19.43 (FA) Standard R-6 Zoning Allowance All SF 1:1 Countable 621.0 Lot Total Allowable 669.78 GROSS SQ FT AREA 669.78 SF FA COUNTABLE MAIN LVL. ALLEY RESIDENCE UPPER FLOOR AREA - (SQ FT) - FA UPPER PORCH/ DECK AREA (GROSS SQ FT) 940.55 (FA) 86.59 (GROSS)86.59 Open Stair Exemption 1,027.14 (GROSS)UPPER FLOOR AREA- FRONT (GROSS SQ FT HAB) 1st 250 Exempt / 2nd 250 - 50% 1,374.67 (FA)TOTAL PROPOSED UPPER FLOOR AREA (SQ FT) KEY - PROPOSED ALLEY RESIDENCE MAIN LEVEL MP-A : KEY - PROPOSED ALLEY RESIDENCE UPPER LEVELS MP-B : MP-D :20.0 SQ FT EXTERIOR OVERHANG 4PROJECTION - 48" BEYOND EXTERIOR WALL CONDITION (COUNTABLE TOWARDS FA) 288.86 SF GARAGE (DEDICATED TO PROPOSED ALLEY RESIDNCE) 1st 250 SF EXEMPT 2nd 250 SF @ 1/2 = 38.86 SF 19.43 SF FA COUNTABLE 1,027.14 GROSS SQUARE FEET AREA 940.55 SF FA COUNTABLE 86.59 SQ FT EXEMPT AREA FOR OPEN STAIR (ALLEY RESIDENCE) 322.48 GROSS SQUARE FEET AREA LIVING / DINING DECK UP-A : UP-B : UP-C : UPPER FLOOR STAIR & MISC. EXEMPTIONS: INT. GROUND OVERHANG AREAS (COUNTABLE FA)20.0 (Countable Towards FA) TOTAL PROPOSED GROUND FLOOR AREA (SQ FT)714.59 (FA) / 20 SF towards 64.2 Deck Exemption TOTAL PROPOSED ALLEY RESIDENCE FLOOR AREA CALCULATIONS BASEMENT FLOOR AREA (SQ FT) GROUND MAIN FLOOR AREA (SQ FT) 2ND FLOOR/ UPPER LEVEL AREA (SQ FT) PORCH/ DECK/ OVERHANGS AREA (SQ FT) TOTAL PROPOSED FLOOR AREA (SQ FT) GARAGE FLOOR AREA - ALLEY (SQ FT) 1,266.85 / 63.47 (FA) 669.78 / 669.78 (FA) 2,108.39 (FA) for Proposed Alley Residence Utilized 2,108.39 FA (AR) + 2,015.94 (HIS) = 4,124.33 SF FA TOTAL 288.86 / 19.43 (FA) (4,140.0 x .15%) = 621.0 allowable 1,027.14 / 940.55 (FA) 453.98 total / 389.78 (FA) TOTAL PROJECT FLOOR AREA IF APPROVED ENTRY HALL (A) M-100 ELEV: 100'-0" T.O. F.F. Main Level ARCH 100'-0" = 7900.5 0SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 02 MIN 0SLOPE 2 MIN SLOPE SLOPE2 MINSLOPE2 MIN00 0KING GARAGE DEPTH POTENTIAL TO CREATE REAR WALL STORAGE AREAS + WORKING SURFACES (2' DEEP ) TRASH RECYCLE "ALLEY" GARAGE (1 STALL) M-106 LINE OF UPPER LEVEL ABOVE M-107 "CHALET" GARAGE (1 STALL) TRASH RECYCLE CLOSET AREAGUEST MASTER BEDOOM M-103 GUEST MASTER OFFICE/ FLEX M-104 GUEST MASTER BATHROOM M-105 STAIRCASE M-101 MUDROOM M-102 LINE OF DECK ABOVELINE OF DECK ABOVE22 R @ 5-13/16" = 10'-7 3/4" (V.I.F.)DN 23 T @ 11" (2 LANDING @ 3'-6") V.I.F.24 R @ 6-3/4" = 13'-6" (V.I.F.)UP 21 T @ 11" (1 LANDING @ 4'-2") V.I.F.E G C-1 C-2 C-3 ELEV: 99'-9" T.O. Plwd. Main Lvl. ELEV: 100'-0" T.O. Conc. Garage ELEV: 99'-5" T.O. Plwd. Garage ENTRY HALL (B) LW OPEN TO SUBGRADE LVL. LW OPEN TO SUBGRADE LVL. STORAGE/ ENTRY CLOSET / MUD ELEV: 100'-0" T.O. Conc. Garage ELEV: 99'-5" T.O. Plwd. Garage CONC. PATIO (< 6") CONC. PATIO (< 6") CONC. SLAB (< 6") CONC. SLAB (< 6") CONC. APRON (< 6") CONC. PATIO (< 6") TRELLIS / OVERHANG ABOVE KING 36" REF/FREEZE36" COOKTOPWITH HOOD ABOVE/OVEN BELOW36" SS DOUBLE WASH BASIN DW 48" GAS FIREPLACE 12" VEGETABLE SINK U-207 EXTERIOR BUILT-IN GRILL AMENITY WITH/ ACCESS TO/ FROM KITCHEN WRAPAROUND DECK AREA ABOVE GARAGE U-211 LIVING ROOM U-205 U-204 DINING AREA KITCHEN U-203 KITCHEN ISLAND U-206 DN CLOSET AREAMASTER DECK AREA U-210 POWDER U-201 MASTER BEDOOM MASTER BATHROOM U-209 HALLWAY U-202 STAIRCASE U-200 36" BAR AREA INTEGRATED INTO FP FEATURE ROOF OVERHANG 21 T @ 11" (1 LANDING @ 4'-2") V.I.F.22 R @ 5-13/16" = 10'-7 3/4" (V.I.F.)ELEV: 110'-7 3/4" T.O. F.F. Upper Level ELEV:110'-4 3/4" T.O. Plwd. Upper Lvl. ELEV: 110'-7 3/4" T.O. F.F. Upper Deck ELEV:110'- 3/4" T.O. Plwd. Upper Deck ELEV: 110'-7 3/4" T.O. F.F. Upper Deck ELEV:110'- 3/4" T.O. Plwd. Upper Deck BUILT IN SHELVING & STORAGE INTEGRATED INTO FP LW OPEN TO SUBGRADE LVL. LW OPEN TO SUBGRADE LVL. ROOF OVERHANG 2'-6" x 5'-6" BUILT-IN TUB 30" HEIGHT 3' x 6'-3" EUROGLASS SHOWER TRELLIS / OVERHANG BELOW MP-C MP-D MP-B :300.76 SF GARAGE (DEDICATED TO EXISTING HISTORIC CHALET) 1st 250 SF EXEMPT 2nd 250 SF @ 1/2 = 50.76 SF 25.38 SF FA COUNTABLE MP-B MP-A GARAGE (CHALET) FLOOR AREA (SQ FT) - FA GARAGE (CHALET) FLOOR AREA (GROSS SQ FT)300.76 (GROSS) 25.38 (FA) Standard R-6 Zoning Allowance 1st 250 Exempt / 2nd 250 - 50% 621.0 Lot Total Allowable MP-A MP-BMP-C MP-D MP-F MP-E 77.9 GROSS SQUARE FEET AREA MASTER BEDROOM DECK UP-D : NOTE :FOR 10,000 SF TWO DETACHED DWELLING R-6 LOT, FLOOR AREA ALLOWABLE = 4,140 SF THERFORE, DECKS FA EXEMPT TO 15% OF 4,140 SF, WHICH EQUALS 621 SF BEFORE COUNTABLE TOWARDS FA MAIN LEVEL DECK / OVERHANG SF TOTAL: 0 (TOTAL DECK) + 20.0 (48" + OVERHANG) = 20.0 SF UPPER LEVEL DECK / OVERHANG SF TOTAL: 400.38 (TOTAL DECK) + 33.6 (48"+ OVERHANGS) = 433.98 SF TOTAL DECK FA USED (HISTORIC PORTION) = 556.8 SF (621.0 SF DECK EXEMPTION ALLOWABLE/ 64.2 SF REMAINING) THEREFORE; 20.0 + 433.98 = 453.98 SF DECK AREA USED TOWARDS ALLEY RESIDENCE / 453.98 (PR) - 64.2 (BALANCE) DECK FLOOR AREA = 389.78 SF (COUNTABLE FA) 22.0 GROSS SQUARE FEET AREA LIVING AREA - 48"+ ROOF OVERHANG UP-E : 11.6 GROSS SQUARE FEET AREA MST. BEDROOM- 48"+ ROOF OVERHANG UP-F : GARAGE FLOOR AREA - CHALET (SQ FT)300.76 / 25.38 (FA) Floor Area Summary Proposed Gross (Sq Ft)Proposed Floor Area (Sq Ft)Reference ZN-004, ZN-006 ZN-005, ZN-007 Basement Habitable (Lower Subgrade Level)1,266.85 63.47 Main Level Habitable (Ground Floor)669.78 669.78 Upper Level Habitable ZN-004 - ZN-007 Porch/ Stair Access /Deck/ Roof Overhang Area Total 2,963.74 Habitable / 589.62 Garage 2,108.39 (FA PROPOSED - ALLEY)4,124.33 SF FA TOTAL PROJECT PROPOSED / 4,140.0 ALLOWABLE Floor Area Breakdown: 949 West Smuggler (Proposed Alley Residence)Total Allowable FA For Two Detached Dwellings on10,000 square foot lot PER R-6 COA LAND USE CODE = 4,140.0 FA Garage (Alley Residence Dedicated)288.86 19.43 ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 ZN-005, ZN-007 1,027.14 940.55 64.2 FA Remaining / 621.0 Allowable453.98 (Total) / 389.78 (Countable) Proposed Floor Area - Alley Residence (Sq Ft) 556.8 SF Deck Area Used for Historic / 621.0 Allowable = 64.2 SF Deck Exemption Area Remaining for PROPOSED until countable @ 1:1 Proposed Total ( 453.98 - 64.2 Remaining FA) = 389.78 FA Countable Garage (Historical Chalet Dedicated)300.76 25.38 Each dedicated Side per R-6: 1st 250 sf exempt / 2nd 250 sf @ 1/2 Each dedicated Side per R-6: 1st 250 sf exempt / 2nd 250 sf @ 1/2 400.38 (GROSS)621.0 Lot Total Allowable 33.6 (Countable Towards FA)621.0 Lot Total AllowableUPPER OVERHANG AREAS (COUNTABLE FA) ZN-007 PROPOSED FLOOR DIAGRAMS & NUMERIC BREAKDOWNS 1/8" = 1'-0" FEB 2022 AREAa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 85 CH-001 EXCAVTED SUBGRADE FOUNDATION AREA / MECHANICAL ELEV: 100'-0" T.O. Gravel Foundation Level ARCH 100'-0" = 7860.0 9" x 12" FP CLEANOUT 18" x 18" FP CLEANOUT (A) (B) (C) (D) 416.0 ELEV: 100'-0" T.O. F.F. Main Level ARCH 100'-0" = 7860.0 123456 7 8 7.257.757.757.58.08.57.5 7.5 8.0 7.0 6.0 6.0 CH-100 CHALET ENTRY/ STAIR CH-107 LIVING AREA CH-106 DINING AREA MASONRY WOOD BURNING FIREPLACE CH-104 KITCHEN PASS THROUGH CH-103 BATHROOM CH-110 BEDROOM 2 CH-108 BEDROOM 1 CH-100 CHALET WRAPAROUND DECK 1118.0 701.5 CH-109 CLOSET 1 CH-105 SUB ACCESS CH-101 HALLWAY 8.0 4.5 7.5 CH-102 CLOSET CH-111 CLOSET 2 CH-103 CLOSET DW REF RANGE/ OVEN6.06.0SINK (A) LINE OF GRADE: EXTERIOR 21.74 exposed 110.0 total wall7'-6"6'-134"UNDERSIDE OF STRUCTURE 14'-8"1'-414"7'-6"6'-134"1'-414"(B)33.4 exposed 185.0 total wall (C)19.86 exposed 110.0 total wall UNDERSIDE OF STRUCTURE UNDERSIDE OF STRUCTURE 24'-8"7'-6"6'-134"1'-414"14'-8" LINE OF GRADE: HIDDEN CRAWLSPACE LINE OF GRADE: HIDDEN CRAWLSPACE 7'-6"6'-134"1'-414"UNDERSIDE OF STRUCTURE 24'-8" LINE OF GRADE: HIDDEN CRAWLSPACE (D)33.4 exposed 185.0 total wall EXISTING: CHALET FLOOR PLANS FEB 2022 949-2 "949-HOUSE" 1 TBD EXISTING SUBGRADE FLOOR PLAN - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD EXISTING MAIN LEVEL FLOOR PLAN - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 3 TBD EXISTING SUBGRADE WALL SURFACE DIAGRAMS - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 86 45.0 OPEN TO BELOW 123456 7 8 7.257.757.757.58.08.57.5 7.5 8 7.5 8 7.5 8 7.5 8 7.5 8 7.5 8 7.5 CH-200 UPPER LOFT/ STAIR CH-204 UPPER LOFT/ STAIR CH-202 BEDROOM 3 CH-201 UPPER LOFT/ STAIR CH-205 BEDROOM 3 DECK 360.55 53.47 BUILT-IN CLOSET WALL 1118.0 CC-100 OUTBUILDING OPEN PLAN ELEV: 100'-0" T.O. Plwd. F.F. Main Level ARCH 100'-0" = 7899.5 GRADE ELEV 127.5 ROOF OVERHANG ABOVE SLOPE 12 7 VIF SLOPE 12 7 VIF EXISTING WOOD CEDAR SHINGLE ROOFSLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF SLOPE13 7.5 VIF EXISTING WOOD CEDAR SHINGLE ROOF EXISTING WOOD CEDAR SHINGLE ROOF EXISTING WOOD CEDAR SHINGLE ROOF EXISTING: CHALET FLOOR PLANS CONT. / CHICKEN COOP FEB 2022 949-3 "949-HOUSE" 1 TBD EXISTING UPPER LEVEL FLOOR PLAN - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD EXISTING ROOF PLAN - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 3 TBD EXISTING MAIN LEVEL FLOOR PLAN - CHICKEN COOP: 949 SMUGGLER SCALE : 3/16" = 1'-0" 4 TBD EXISTING ROOF PLAN - CHICKEN COOP: 949 SMUGGLER SCALE : 3/16" = 1'-0" 87 7.0 6.0 6.0 6.0 25' MAXIMUM HEIGHT LIMIT : R-6 NORTH FACADE T.O. F.F. Ext. Chalet Deck ELEV - 99'-4" (V.I.F.) T.O. F.F. Chalet Main Level ELEV - 100'-0" (V.I.F.) T.O. Spring Point - 13/7.5 Gable ELEV - 112'-1 3/4" (V.I.F.) T.O. Ext. Masonry Chimney ELEV - 121'-6 1/4" (V.I.F.) T.O. Ext. Gable Roof Ridge ELEV - 120'-2 1/2" (V.I.F.) T.O. Chalet F.F. Upper Level ELEV - 108'-10 3/4" (V.I.F.) T.O. Subgrade F.F. - Crawl/ Mech ELEV - 91'-7 1/4" (V.I.F.) T.O. Underside of Ridge -Gable ELEV - 118'-7" (V.I.F.) T.O. Ext. Chalet Deck Rail ELEV - 102'-10" (V.I.F.) T.O. F.F. Ext. Chalet Deck ELEV - 99'-4" (V.I.F.) T.O. F.F. Chalet Main Level ELEV - 100'-0" (V.I.F.) T.O. Spring Point - 13/7.5 Gable ELEV - 112'-1 3/4" (V.I.F.) T.O. Ext. Masonry Chimney ELEV - 121'-6 1/4" (V.I.F.) T.O. Ext. Gable Roof Ridge ELEV - 120'-2 1/2" (V.I.F.) T.O. Chalet F.F. Upper Level ELEV - 108'-10 3/4" (V.I.F.) T.O. Subgrade F.F. - Crawl/ Mech ELEV - 91'-7 1/4" (V.I.F.) 13 7.5 V.I.F. T.O. Underside of Ridge -Gable ELEV - 118'-7" (V.I.F.) T.O. Ext. Chalet Deck Rail ELEV - 102'-10" (V.I.F.) 25' MAXIMUM HEIGHT LIMIT : R-6 WEST FACADE 8.0 7.0 6.0 6.0 4.5 7.5 8.0 25' MAXIMUM HEIGHT LIMIT : R-6 WEST FACADE 13 7.5 V.I.F. T.O. F.F. Ext. Chalet Deck ELEV - 99'-4" (V.I.F.) T.O. F.F. Chalet Main Level ELEV - 100'-0" (V.I.F.) T.O. Spring Point - 13/ 7.5 Gable ELEV - 112'-1 3/4" (V.I.F.) T.O. Ext. Masonry Chimney ELEV - 121'-6 1/4" (V.I.F.) T.O. Ext. Gable Roof Ridge ELEV - 120'-2 1/2" (V.I.F.) T.O. Chalet F.F. Upper Level ELEV - 108'-10 3/4" (V.I.F.) T.O. Subgrade F.F. - Crawl/ Mech ELEV - 91'-7 1/4" (V.I.F.) T.O. Underside of Ridge -Gable ELEV - 118'-7" (V.I.F.) T.O. Ext. Chalet Deck Rail ELEV - 102'-10" (V.I.F.) 8.0 7.0 6.0 6.0 4.5 7.5 8.0 25' MAXIMUM HEIGHT LIMIT : R-6 SOUTH FACADE T.O. F.F. Ext. Chalet Deck ELEV - 99'-4" (V.I.F.) T.O. F.F. Chalet Main Level ELEV - 100'-0" (V.I.F.) T.O. Spring Point - 13/ 7.5 Gable ELEV - 112'-1 3/4" (V.I.F.) T.O. Ext. Masonry Chimney ELEV - 121'-6 1/4" (V.I.F.) T.O. Ext. Gable Roof Ridge ELEV - 120'-2 1/2" (V.I.F.) T.O. Chalet F.F. Upper Level ELEV - 108'-10 3/4" (V.I.F.) T.O. Subgrade F.F. - Crawl/ Mech ELEV - 91'-7 1/4" (V.I.F.) T.O. Underside of Ridge -Gable ELEV - 118'-7" (V.I.F.) T.O. Ext. Chalet Deck Rail ELEV - 102'-10" (V.I.F.) 8.0 7.5 4.5 12 7 V.I.F. T.O. F.F. Chicken Coop ELEV - 100'-0" (V.I.F.) T.O. 7/12 Spring Point Chicken Coop ELEV - 105'-7" (V.I.F.) T.O. 7/12 Gable Ridge Chicken Coop ELEV - 109'-1/4" (V.I.F.) NOTE: NO FOUNDATION - OUTBUILDING APPROX. 5" OFF GRADE W/ RUBBLE -ROCK BUILT UP CONDITION E W ARCH 100'-0" = 7899.5 GRADE ELEV T.O. F.F. Chicken Coop ELEV - 100'-0" (V.I.F.) T.O. 7/12 Spring Point Chicken Coop ELEV - 105'-7" (V.I.F.) T.O. 7/12 Gable Ridge Chicken Coop ELEV - 109'-1/4" (V.I.F.) NOTE: NO FOUNDATION - OUTBUILDING APPROX. 5" OFF GRADE W/ RUBBLE -ROCK BUILT UP CONDITION N S ARCH 100'-0" = 7899.5 GRADE ELEV T.O. F.F. Chicken Coop ELEV - 100'-0" (V.I.F.) T.O. 7/12 Spring Point Chicken Coop ELEV - 105'-7" (V.I.F.) T.O. 7/12 Gable Ridge Chicken Coop ELEV - 109'-1/4" (V.I.F.) NOTE: NO FOUNDATION - OUTBUILDING APPROX. 5" OFF GRADE W/ RUBBLE -ROCK BUILT UP CONDITION S N ARCH 100'-0" = 7899.5 GRADE ELEV 12 7 V.I.F. T.O. F.F. Chicken Coop ELEV - 100'-0" (V.I.F.) T.O. 7/12 Spring Point Chicken Coop ELEV - 105'-7" (V.I.F.) T.O. 7/12 Gable Ridge Chicken Coop ELEV - 109'-1/4" (V.I.F.) NOTE: NO FOUNDATION - OUTBUILDING APPROX. 5" OFF GRADE W/ RUBBLE -ROCK BUILT UP CONDITION W E ARCH 100'-0" = 7899.5 GRADE ELEV EXISTING: CHALET ELEVATIONS. / CHICKEN COOP FEB 2022 949-4 "949-HOUSE" 1 TBD EXISTING NORTH (949 WEST SMUGGLER) ELEVATION - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD EXISTING WEST ELEVATION - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 3 TBD EXISTING SOUTH (REAR YARD / ALLEY) ELEVATION - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 4 TBD EXISTING EAST ELEVATION - CHALET: 949 SMUGGLER SCALE : 3/16" = 1'-0" 5 TBD EXISTING NORTH ELEVATION - CHICKEN COOP SCALE : 3/16" = 1'-0" 6 TBD EXISTING WEST ELEVATION - CHICKEN COOP SCALE : 3/16" = 1'-0" 5 TBD EXISTING SOUTH ELEVATION - CHICKEN COOP SCALE : 3/16" = 1'-0" 5 TBD EXISTING EAST ELEVATION - CHICKEN COOP SCALE : 3/16" = 1'-0" 88 MEDIA ROOM / RECREATION L-002 CLOSET AREABEDROOM 1 OFFICE/ FLEX BEDROOM 1 BATHROOML-009 L-010 STAIRCASE L-001 BEDROOM / FLEX ROOM 1 L-008 EGRESS WELL QUEEN WASH DRY UP 18 T @ 12" (1 LANDING @ 3'-1") V.I.F.17 R @ 6-15/16" = 10'-9 1/4" (V.I.F.)CLOSET AREA STORAGE L-003 BEDROOM / FLEX ROOM 2 L-005 SHELVING AREA SHELVING / STORAGE0SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 0BATHROOM 2 L-004 MECHANICAL ROOM/ ELECTRIC L-007 LAUNDRY ROOM L-006 EGRESS WELL ELEV: 86'-6" T.O. F.F. Lower Lvl. ELEV: 86'-2 1/4" T.O. Conc. Lightwell ELEV: 86'-2 1/4" T.O. Conc. Lightwell ELEV: 86'-5 1/4" T.O. Conc. Lower Lvl. KING 65'-0" 5'-0"60'-0"24'-0"9'-4"5'-4"9'-4"65'-0" 5'-0"25'-41 2" 34'-71 2" 17'-51 2"5'-4"11'-10"24'-0"5'-0"19'-0"ENTRY HALL (A) M-100 ELEV: 100'-0" T.O. F.F. Main Level ARCH 100'-0" = 7900.5 0SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 02 MIN 0SLOPE 2 MIN SLOPE SLOPE2 MINSLOPE2 MIN00 0KING GARAGE DEPTH POTENTIAL TO CREATE REAR WALL STORAGE AREAS + WORKING SURFACES (2' DEEP ) TRASH RECYCLE "ALLEY" GARAGE (1 STALL) M-106 LINE OF UPPER LEVEL ABOVE M-107 "CHALET" GARAGE (1 STALL) TRASH RECYCLE CLOSET AREAGUEST MASTER BEDOOM M-103 GUEST MASTER OFFICE/ FLEX M-104 GUEST MASTER BATHROOM M-105 STAIRCASE M-101 MUDROOM M-102 LINE OF DECK ABOVELINE OF DECK ABOVE22 R @ 5-13/16" = 10'-7 3/4" (V.I.F.)DN 23 T @ 11" (2 LANDING @ 3'-6") V.I.F.24 R @ 6-3/4" = 13'-6" (V.I.F.)UP 21 T @ 11" (1 LANDING @ 4'-2") V.I.F.E G C-1 C-2 C-3 ELEV: 99'-9" T.O. Plwd. Main Lvl. ELEV: 100'-0" T.O. Conc. Garage ELEV: 99'-5" T.O. Plwd. Garage ENTRY HALL (B) LW OPEN TO SUBGRADE LVL. LW OPEN TO SUBGRADE LVL. STORAGE/ ENTRY CLOSET / MUD ELEV: 100'-0" T.O. Conc. Garage ELEV: 99'-5" T.O. Plwd. Garage CONC. PATIO (< 6") CONC. PATIO (< 6") CONC. SLAB (< 6") CONC. SLAB (< 6") CONC. APRON (< 6") CONC. PATIO (< 6") TRELLIS / OVERHANG ABOVE24'-0"60'-0"5'-0"24'-0"19'-0"60'-0" 25'-41 2" 34'-71 2" KING 36" REF/FREEZE36" COOKTOPWITH HOOD ABOVE/OVEN BELOW36" SS DOUBLE WASH BASIN DW 48" GAS FIREPLACE 12" VEGETABLE SINK U-207 EXTERIOR BUILT-IN GRILL AMENITY WITH/ ACCESS TO/ FROM KITCHEN WRAPAROUND DECK AREA ABOVE GARAGE U-211 LIVING ROOM U-205 U-204 DINING AREA KITCHEN U-203 KITCHEN ISLAND U-206 DN CLOSET AREAMASTER DECK AREA U-210 POWDER U-201 MASTER BEDOOM MASTER BATHROOM U-209 HALLWAY U-202 STAIRCASE U-200 36" BAR AREA INTEGRATED INTO FP FEATURE ROOF OVERHANG 21 T @ 11" (1 LANDING @ 4'-2") V.I.F.22 R @ 5-13/16" = 10'-7 3/4" (V.I.F.)ELEV: 110'-7 3/4" T.O. F.F. Upper Level ELEV:110'-4 3/4" T.O. Plwd. Upper Lvl. ELEV: 110'-7 3/4" T.O. F.F. Upper Deck ELEV:110'- 3/4" T.O. Plwd. Upper Deck ELEV: 110'-7 3/4" T.O. F.F. Upper Deck ELEV:110'- 3/4" T.O. Plwd. Upper Deck BUILT IN SHELVING & STORAGE INTEGRATED INTO FP LW OPEN TO SUBGRADE LVL. LW OPEN TO SUBGRADE LVL. ROOF OVERHANG 2'-6" x 5'-6" BUILT-IN TUB 30" HEIGHT 3' x 6'-3" EUROGLASS SHOWER TRELLIS / OVERHANG BELOW 64'-0" 9'-0"49'-0"6'-0"25'-6"5'-0"19'-0"1'-6"25'-6"5'-0"11'-7"1'-6"7'-5"64'-0" 9'-0"18'-41 2" 34'-71 2"0SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 00SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 00SLOPE 2 MIN SLOPE 2 MIN SLOPE2 MINSLOPE2 MIN00 0FORTY (40) PANEL PHOTO VOLTATIC ROOF MOUNTED PANEL FIELD. PANELS APPROX. 4' x 3' WITH 15 DEGREE SET ORIENTATION. FINAL LAYOUT TBD. ULTRA HIGH TEMP EPDM ROOFING (NON-REFLECTIVE) w/ STONE BALLAST OVERLAY LIVING DECK BELOW MASTER DECK BELOWFIREPLACE CHIMNEY FLUE WITH OPEN AIRED METAL SCREEN SURROUND ELEV: 122'-10" T.O. Exterior Roof ELEV:122'-2 1/2" T.O. Plwd. Ext. Roof TRELLIS / OVERHANG BELOW24'-0"59'-0"24'-0"59'-0" PROPOSED: ALLEY RESIDENCE FLOOR PLANS FEB 2022 949-5 "949-HOUSE" 1 TBD PROPOSED LOWER / SUBGRADE FLOOR PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD PROPOSED MAIN / ENTRY LEVEL FLOOR PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 4 TBD PROPOSED ROOF PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 3 TBD PROPOSED UPPER LEVEL FLOOR PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 89 T.O. F.F. Main Lvl. / Conc. Garage ELEV - 100'-0" T.O. F.F. Upper Lvl. Alley House ELEV - 110'-7 3/4" 25' MAXIMUM HEIGHT LIMIT : R-6 NORTH FACADE T.O. Deck Wall Alley House T.O. Flat Roof Exterior T.O. Chimney Flue ELEV - 113'-10 3/4" ELEV - 120'-7 3/4" ELEV - 122'-10" (V.I.F.) ELEV - 125'-10" (V.I.F.) T.O. Plate Living Area T.O. Plate Main Lvl. ELEV - 109'-0"949 W SMUGGLEREAST SIDE YARD - PROPERTY LINEEAST SIDE YARD - 5' SETBACKWEST SIDE YARD - 10' SETBACK949 W SMUGGLERWEST SIDE YARD -PROPERTY LINE15' MAXIMUM DEPTH LIMIT : R-6 T.O. Plate Lower Level ELEV - 98'-2 1/4" T.O. Underside Ceiling Lower Lvl. ELEV - 96'-5 1/4" T.O. F.F. / Conc. Lower Level ELEV - 86'-5 1/4" T.O. Plwd Upper Lvl. ELEV - 110'-4 3/4" T.O. Conc. Lightwell ELEV - 86'-2 1/4" T.O. Plwd Roof Upper Lvl. ELEV - 122'-2 1/2" CHALET LOCATION ALONG WEST SMUGGLER STREET PV PV PV PV E ARCH 100'-0" = 7900.5 GRADE ELEV 2 3 8 9 5 1 3 3 2 1 1 224 4 6 3 6 E l e v :: N o r t h 25' MAXIMUM HEIGHT LIMIT : R-6 NORTH FACADE 949 W SMUGGLEREAST SIDE YARD - PROPERTY LINEEAST SIDE YARD - 10' SETBACKWEST SIDE YARD - 10' SETBACK949 W SMUGGLERWEST SIDE YARD - PROPERTY LINEPROPOSED NEIGHBORING WEST SIDEYARD - 15' SETBACK12 7 V.I.F. E W T.O. Main Lvl. F.F. / Conc. Garage ELEV - 100'-0" T.O. F.F. Upper Lvl. Alley House ELEV - 110'-7 3/4" T.O. Deck Wall Alley House T.O. Flat Roof Exterior T.O. Chimney Flue ELEV - 113'-10 3/4" ELEV - 120'-7 3/4" ELEV - 122'-10" (V.I.F.) ELEV - 125'-10" (V.I.F.) T.O. Plate Living Area T.O. Plate Main Lvl. ELEV - 109'-0" T.O. Plate Lower Level ELEV - 98'-2 1/4" T.O. Underside Ceiling Lower Lvl. ELEV - 96'-5 1/4" T.O. F.F. / Conc. Lower Level ELEV - 86'-5 1/4" T.O. Plwd Upper Lvl. ELEV - 110'-4 3/4" T.O. Conc. Lightwell ELEV - 86'-2 1/4" T.O. Plwd Roof Upper Lvl. ELEV - 122'-2 1/2" ARCH 100'-0" = 7900.5 GRADE ELEV E l e v :: N o r t h LEGEND: WINDOW TAG WINDOW TAG MATERIAL LIST: MATERIALS ELEVATION TAG: LEGEND NTRUE NORTH 16.0 o SAFETY GLAZING ALL GLASS SHALL BE TEMPERED/SAFETY GLASS UNLESS OTHERWISE NOTED EMERGENCY ESCAPE ALL EMERGENCY ESCAPE EGRESS WINDOWS SHALL HAVE SILLS 40" A.F.F. UNLESS OTHERWISE NOTED (SEE ELEVATION AND SECTION DWGS). 1.PROPOSED GLAZING & DOOR SYSTEMS. BASIS OF DESIGN : WEILAND LIFT AND SLIDE ALUMINUM FRAME SYSTEM WINDOWS & DOORS. GLAZING BASIS OF DESIGN VIRICON INSULATED GLASS GLAZING. ALTERNATE : PANORAMAH AH!60 PERFORMANCE SERIES. HIGH ALTITUDE GLAZING SYSTEM WITH ANODIZED ALUMINUM FRAME FINISH. ALL NEW WINDOWS + DOORS WILL HAVE A FACTORY APPLIED NFRC STICKERED LABEL LISTING THE U-FACTOR OF THE ENTIRE ASSEMBLY. ALL GLAZING SHALL BE TEMPERED SAFETY GLAZING U.O.N. 2.8" HORIZONTALLY APPLIED PARKLEX PRODEMA "RUSTIK -NATURSIDING-W" RAIN-SCREEN SIDING APPLICATION OVER FURRING STRIPS @ 16" O.C. PARKLEX PRODEMA EXTERIOR EXPOSED MOUNTING SYSTEM ADVISED. GENERAL NOTE: SOFFIT AREAS PRPOSED AS PARKLEX PRODEMA "GREY AYOUS / NATURSOFFIT-W" 3.BRIDGERSTEEL VERTICALLY APPLIED 3/4" MODERN CORRUGATED SIDING IN BLACK PAINT LOCK FINISH. ALTERNATE: NAKOMOTO FORESTRY "SHOU SIGU BAN" SUYAKI FINISH. SELECT CLEAR GRADE 1 X 4 X 12 MATERIAL. METAL 1.5" FLASH CAP UTILIZED WHEREVER NEEDED. 4.DEKTON EXTERIOR FACADE SURFACE PANELING OR METAL COLD ROLLED STEEL PANEL SYSTEM AT MIN. 20 GAUGE OR PER RECOMMENDATION OF MANUFACTURER TO FACILITATE NO OIL CANNING OF SURFACE. PANELS TO FOLD ALL EDGES TO DEPTH MIN. OF 1". BLUE STEEL FINISH OR EQUIVALENT TO BE DETERMINED. 5.FIREPLACE FLUE / VENT SHROUD - METAL FRAME AUTOMOTIVE PAINT LOCK FINISH (BLACK) WITH MCNICHOLS DESIGNER PERFORATED ALUMINUM METAL SCREEN PANELS - DIAMOND PATTERN / GRECIAN ALLOY TYPE 3003-H14 - MILL FINISH. 6.POURED CONCRETE STAIR AND PATIO AREAS WITH CHAMFERED EDGE AND ACID ETCH FINISH. COLOUR T.B.D. ALTERNATE: BASALT GRANITE CUT STONE SLABS - FLAMED FINISH- 2-1/4 " THICK MINIMUM. POURED IN PLACE CONCRETE FOUNDATION. INDUSTRY STANDARD CONCRETE AGGREGATE MIX AND FORM FINISH. 7.FLASHING AND TRELLIS AREAS TO BE BRIDGERSTEEL PAINT LOCK METAL FINISH. 29 GAUGE MINIMUM - BLACK OR GUNMETAL GREY PER DIRECTION OF SIDING TBD / APPROVED. 8.AUTOMOTIVE PAINT LOCK FINISH METAL RAILING WITH ALUMINUM CABLE RAIL HORIZONTAL CROSS MEMBERS - 4" MAX. SPACING PER IRC CODE. 9.SOLAR PANELS PER MANUFACTURER TBD. TILT NOT TO EXCEED 45 DEGREE INSTALLATION AND ORIENTATION TBD. REPRESENTATION FOR GRAPHIC PURPOSES / FUTURE INTENT OF APPROVAL. 10.FOUR PANEL FROSTED GLAZED OVERHEAD GARAGE DOOR SYSTEMS - FABRICATOR: OVERHEAD GARAGE DOOR COMPANY. GENERAL NOTE: IF DEEMED NECESSARY, ALL CHALET WINDOWS TO BE RESTORED / REPAIRED AS NECESSARY BY AN HPC APPROVED SUBCONTRACT ENTITY. ASPEN RESTORATION COMPANY AND/ OR PHOENIX RESTORATION RECOMMENDED FOR ALL HISTORICAL WINDOW AND DOOR CONSIDERATIONS IF NECESSARY AT A FUTURE TIME. GENERAL NOTE: ALL ORNATE DETAILING SPECIFIC TO EXISTING HISTORICAL CHALET & CHICKEN COOP TO BE MAINTAINED. REPAIR AND REPLACE ELEMENTS AS DETERMINED NECESSARY PER ALL ASPEN HPC APPROVALS. MATCH EXISTING CONDITIONS WHEREVER POSSIBLE. GENERAL NOTE: PAINTED WOOD FASCIA AND SOFFIT CONDITIONS. MATCH EXISTING HISTORICAL CONSTRUCTION AS NECESSARY SHOULD REPAIR / REPLACEMENT BE DEEMED NECESSARY.KEY PLAN NOTES: 1.FOR DOOR AND WINDOW SCHEDULES SEE A-80.00 SERIES 1.TAG BELOW RESPECTIVE ELEVATION HPC PROVISIONS: RECESSED WALL LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY E l e v :: A 1 1 1 RECESSED SOFFIT LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY WALL MOUNTED LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY 1.GENERAL NOTE: IT IS TO BE UNDERSTOOD ALL MATERIALS & SPECIFICATIONS AS DESCRIBED ARE SUBJECT TO PRODUCT AVAILABILITY AND COST CONSIDERATIONS AT THE TIME OF ACTUAL CONSTRUCTION. IF FOR REASONS OUT OF OUR CONTROL ALTERNATIVE MATERIALS, MEANS OR METHODS NEED BE CONSIDERED, THE HPC STAFF & MONITOR IS TO BE NOTIFIED ACCORDINGLY FOR SOLUTION DIALOGUE & APPROVAL AT SAID TIME A 110 C-2 PROPOSED: ALLEY RESIDENCE ELEVATIONS + SITE CONTEXT FEB 2022 949-6 "949-HOUSE" 1 TBD PROPOSED NORTH (949 WEST SMUGGLER) ELEVATION - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD PROPOSED NORTH (949 WEST SMUGGLER) ELEVATION - ALLEY RESIDENCE (W/ SITE CONTEXT): 949 SMUGGLER SCALE : 3/16" = 1'-0" 90 25' MAXIMUM HEIGHT LIMIT : R-6 WEST FACADE NORTH FRONT YARD (SMUGGLER) - PROPERTY LINENORTH FRONT YARD (SMUGGLER) - 10' FRONT YARD SETBACKSOUTH REAR YARD (ALLEY) -PROPERTY LINESOUTH REAR YARD (ALLEY) - 5' GARAGE SETBACKPVPV T.O. Main Lvl. F.F. / Conc. Garage ELEV - 100'-0" T.O. F.F. Upper Lvl. Alley House ELEV - 110'-7 3/4" T.O. Deck Wall Alley House T.O. Flat Roof Exterior T.O. Chimney Flue ELEV - 113'-10 3/4" ELEV - 120'-7 3/4" ELEV - 122'-10" (V.I.F.) ELEV - 125'-10" (V.I.F.) T.O. Plate Living Area T.O. Plate Main Lvl. ELEV - 109'-0" T.O. Plate Lower Level ELEV - 98'-2 1/4" T.O. Underside Ceiling Lower Lvl. ELEV - 96'-5 1/4" T.O. F.F. / Conc. Lower Level ELEV - 86'-5 1/4" T.O. Plwd Upper Lvl. ELEV - 110'-4 3/4" T.O. Conc. Lightwell ELEV - 86'-2 1/4" T.O. Plwd Roof Upper Lvl. ELEV - 122'-2 1/2" ELEC GAS 25'-4" 4'-10"19'-0"1'-6" 30'-10"16'-4" 72'-6" ARCH 100'-0" = 7900.5 GRADE ELEV 6 3 2 2 2 3 4 9 1 1 1 8 7 6 5 3 E l e v :: E a s t SOUTH REAR YARD (ALLEY) -PROPERTY LINESOUTH REAR YARD (ALLEY) - 5' GARAGE SETBACK25' MAXIMUM HEIGHT LIMIT : R-6 EAST FACADE NORTH FRONT YARD (SMUGGLER) - 10' FRONT YARD SETBACKNORTH FRONT YARD (SMUGGLER) - PROPERTY LINECHICKEN COOP PROPOSED LOCATE EAST SIDE YARDSOUTH REAR YARD (ALLEY) - 10' HABITABLE SETBACKT.O. F.F. Main Lvl. / Conc. Gar ELEV - 100'-0" T.O. F.F. Upper Lvl. Alley House ELEV - 110'-7 3/4" T.O. Deck Wall Alley House T.O. Flat Roof Exterior T.O. Chimney Flue ELEV - 113'-10 3/4" ELEV - 120'-7 3/4" ELEV - 122'-10" (V.I.F.) ELEV - 125'-10" (V.I.F.) T.O. Plate Living Area T.O. Plate Main Lvl. ELEV - 109'-0" T.O. Plate Lower Level ELEV - 98'-2 1/4" T.O. Ceiling Lower Lvl. ELEV - 96'-5 1/4" T.O. F.F. / Conc. Lower Level ELEV - 86'-5 1/4" T.O. Plwd Upper Lvl. ELEV - 110'-4 3/4" T.O. Conc. Lightwell ELEV - 86'-2 1/4" T.O. Plwd Roof Upper Lvl. ELEV - 122'-2 1/2" PV PV 25'-4" 4'-10"19'-0"1'-6" 30'-10"16'-4" 72'-6" ARCH 100'-0" = 7900.5 GRADE ELEV 3 4 11 11 7 5 2 2 2 4 8 3 9 6 6 E l e v :: W e s t LEGEND: WINDOW TAG WINDOW TAG MATERIAL LIST: MATERIALS ELEVATION TAG: LEGEND NTRUE NORTH 16.0 o SAFETY GLAZING ALL GLASS SHALL BE TEMPERED/SAFETY GLASS UNLESS OTHERWISE NOTED EMERGENCY ESCAPE ALL EMERGENCY ESCAPE EGRESS WINDOWS SHALL HAVE SILLS 40" A.F.F. UNLESS OTHERWISE NOTED (SEE ELEVATION AND SECTION DWGS). 1.PROPOSED GLAZING & DOOR SYSTEMS. BASIS OF DESIGN : WEILAND LIFT AND SLIDE ALUMINUM FRAME SYSTEM WINDOWS & DOORS. GLAZING BASIS OF DESIGN VIRICON INSULATED GLASS GLAZING. ALTERNATE : PANORAMAH AH!60 PERFORMANCE SERIES. HIGH ALTITUDE GLAZING SYSTEM WITH ANODIZED ALUMINUM FRAME FINISH. ALL NEW WINDOWS + DOORS WILL HAVE A FACTORY APPLIED NFRC STICKERED LABEL LISTING THE U-FACTOR OF THE ENTIRE ASSEMBLY. ALL GLAZING SHALL BE TEMPERED SAFETY GLAZING U.O.N. 2.8" HORIZONTALLY APPLIED PARKLEX PRODEMA "RUSTIK -NATURSIDING-W" RAIN-SCREEN SIDING APPLICATION OVER FURRING STRIPS @ 16" O.C. PARKLEX PRODEMA EXTERIOR EXPOSED MOUNTING SYSTEM ADVISED. GENERAL NOTE: SOFFIT AREAS PRPOSED AS PARKLEX PRODEMA "GREY AYOUS / NATURSOFFIT-W" 3.BRIDGERSTEEL VERTICALLY APPLIED 3/4" MODERN CORRUGATED SIDING IN BLACK PAINT LOCK FINISH. ALTERNATE: NAKOMOTO FORESTRY "SHOU SIGU BAN" SUYAKI FINISH. SELECT CLEAR GRADE 1 X 4 X 12 MATERIAL. METAL 1.5" FLASH CAP UTILIZED WHEREVER NEEDED. 4.DEKTON EXTERIOR FACADE SURFACE PANELING OR METAL COLD ROLLED STEEL PANEL SYSTEM AT MIN. 20 GAUGE OR PER RECOMMENDATION OF MANUFACTURER TO FACILITATE NO OIL CANNING OF SURFACE. PANELS TO FOLD ALL EDGES TO DEPTH MIN. OF 1". BLUE STEEL FINISH OR EQUIVALENT TO BE DETERMINED. 5.FIREPLACE FLUE / VENT SHROUD - METAL FRAME AUTOMOTIVE PAINT LOCK FINISH (BLACK) WITH MCNICHOLS DESIGNER PERFORATED ALUMINUM METAL SCREEN PANELS - DIAMOND PATTERN / GRECIAN ALLOY TYPE 3003-H14 - MILL FINISH. 6.POURED CONCRETE STAIR AND PATIO AREAS WITH CHAMFERED EDGE AND ACID ETCH FINISH. COLOUR T.B.D. ALTERNATE: BASALT GRANITE CUT STONE SLABS - FLAMED FINISH- 2-1/4 " THICK MINIMUM. POURED IN PLACE CONCRETE FOUNDATION. INDUSTRY STANDARD CONCRETE AGGREGATE MIX AND FORM FINISH. 7.FLASHING AND TRELLIS AREAS TO BE BRIDGERSTEEL PAINT LOCK METAL FINISH. 29 GAUGE MINIMUM - BLACK OR GUNMETAL GREY PER DIRECTION OF SIDING TBD / APPROVED. 8.AUTOMOTIVE PAINT LOCK FINISH METAL RAILING WITH ALUMINUM CABLE RAIL HORIZONTAL CROSS MEMBERS - 4" MAX. SPACING PER IRC CODE. 9.SOLAR PANELS PER MANUFACTURER TBD. TILT NOT TO EXCEED 45 DEGREE INSTALLATION AND ORIENTATION TBD. REPRESENTATION FOR GRAPHIC PURPOSES / FUTURE INTENT OF APPROVAL. 10.FOUR PANEL FROSTED GLAZED OVERHEAD GARAGE DOOR SYSTEMS - FABRICATOR: OVERHEAD GARAGE DOOR COMPANY. GENERAL NOTE: IF DEEMED NECESSARY, ALL CHALET WINDOWS TO BE RESTORED / REPAIRED AS NECESSARY BY AN HPC APPROVED SUBCONTRACT ENTITY. ASPEN RESTORATION COMPANY AND/ OR PHOENIX RESTORATION RECOMMENDED FOR ALL HISTORICAL WINDOW AND DOOR CONSIDERATIONS IF NECESSARY AT A FUTURE TIME. GENERAL NOTE: ALL ORNATE DETAILING SPECIFIC TO EXISTING HISTORICAL CHALET & CHICKEN COOP TO BE MAINTAINED. REPAIR AND REPLACE ELEMENTS AS DETERMINED NECESSARY PER ALL ASPEN HPC APPROVALS. MATCH EXISTING CONDITIONS WHEREVER POSSIBLE. GENERAL NOTE: PAINTED WOOD FASCIA AND SOFFIT CONDITIONS. MATCH EXISTING HISTORICAL CONSTRUCTION AS NECESSARY SHOULD REPAIR / REPLACEMENT BE DEEMED NECESSARY.KEY PLAN NOTES: 1.FOR DOOR AND WINDOW SCHEDULES SEE A-80.00 SERIES 1.TAG BELOW RESPECTIVE ELEVATION HPC PROVISIONS: RECESSED WALL LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY E l e v :: A 1 1 1 RECESSED SOFFIT LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY WALL MOUNTED LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY 1.GENERAL NOTE: IT IS TO BE UNDERSTOOD ALL MATERIALS & SPECIFICATIONS AS DESCRIBED ARE SUBJECT TO PRODUCT AVAILABILITY AND COST CONSIDERATIONS AT THE TIME OF ACTUAL CONSTRUCTION. IF FOR REASONS OUT OF OUR CONTROL ALTERNATIVE MATERIALS, MEANS OR METHODS NEED BE CONSIDERED, THE HPC STAFF & MONITOR IS TO BE NOTIFIED ACCORDINGLY FOR SOLUTION DIALOGUE & APPROVAL AT SAID TIME A 110 C-2 PROPOSED: ALLEY RESIDENCE ELEVATIONS + SITE CONTEXT FEB 2022 949-7 "949-HOUSE" 1 TBD PROPOSED WEST ELEVATION - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 2 TBD PROPOSED EAST ELEVATION - ALLEY RESIDENCE (W/ SITE CONTEXT): 949 SMUGGLER SCALE : 3/16" = 1'-0" 91 949 W SMUGGLEREAST SIDE YARD - PROPERTY LINEEAST SIDE YARD - 10' SETBACKWEST SIDE YARD - 10' SETBACK949 W SMUGGLERWEST SIDE YARD - PROPERTY LINEPROPOSED NEIGHBORING WEST SIDEYARD - 10' SETBACK25' MAXIMUM HEIGHT LIMIT : R-6 SOUTH FACADE 15' MAXIMUM DEPTH LIMIT : R-6 25' MAXIMUM HEIGHT LIMIT : R-6 NORTH FACADE E G 12 7 V.I.F. W E C-1 C-2 C-3 PVPVPV ARCH 100'-0" = 7900.5 GRADE ELEV T.O. F.F. Main Lvl. / Conc. Gar ELEV - 100'-0" T.O. F.F. Upper Lvl. Alley House ELEV - 110'-7 3/4" T.O. Deck Wall Alley House T.O. Flat roof Exterior T.O. Chimney Flue ELEV - 113'-10 3/4" ELEV - 120'-7 3/4" ELEV - 122'-10" (V.I.F.) ELEV - 125'-10" (V.I.F.) T.O. Plate Living Area T.O. Plate Main Lvl. ELEV - 109'-0" T.O. Plate Lower Level ELEV - 98'-2 1/4" T.O. Ceiling Lower Lvl. ELEV - 96'-5 1/4" T.O. F.F. / Conc. Lower Level ELEV - 86'-5 1/4" T.O. Plwd Upper Lvl. ELEV - 110'-4 3/4" T.O. Conc. Lightwell ELEV - 86'-2 1/4" T.O. Plwd Roof Upper Lvl. ELEV - 122'-2 1/2" ARCH 100'-0" = 7900.5 ELEV 6 3 3 4 9 3 3 2 1010 2 1 1 1 11 8 8 77 6 6 2 2 2 5 3 E l e v :: S o u t h LEGEND: WINDOW TAG WINDOW TAG MATERIAL LIST: MATERIALS ELEVATION TAG: LEGEND NTRUE NORTH 16.0 o SAFETY GLAZING ALL GLASS SHALL BE TEMPERED/SAFETY GLASS UNLESS OTHERWISE NOTED EMERGENCY ESCAPE ALL EMERGENCY ESCAPE EGRESS WINDOWS SHALL HAVE SILLS 40" A.F.F. UNLESS OTHERWISE NOTED (SEE ELEVATION AND SECTION DWGS). 1.PROPOSED GLAZING & DOOR SYSTEMS. BASIS OF DESIGN : WEILAND LIFT AND SLIDE ALUMINUM FRAME SYSTEM WINDOWS & DOORS. GLAZING BASIS OF DESIGN VIRICON INSULATED GLASS GLAZING. ALTERNATE : PANORAMAH AH!60 PERFORMANCE SERIES. HIGH ALTITUDE GLAZING SYSTEM WITH ANODIZED ALUMINUM FRAME FINISH. ALL NEW WINDOWS + DOORS WILL HAVE A FACTORY APPLIED NFRC STICKERED LABEL LISTING THE U-FACTOR OF THE ENTIRE ASSEMBLY. ALL GLAZING SHALL BE TEMPERED SAFETY GLAZING U.O.N. 2.8" HORIZONTALLY APPLIED PARKLEX PRODEMA "RUSTIK -NATURSIDING-W" RAIN-SCREEN SIDING APPLICATION OVER FURRING STRIPS @ 16" O.C. PARKLEX PRODEMA EXTERIOR EXPOSED MOUNTING SYSTEM ADVISED. GENERAL NOTE: SOFFIT AREAS PRPOSED AS PARKLEX PRODEMA "GREY AYOUS / NATURSOFFIT-W" 3.BRIDGERSTEEL VERTICALLY APPLIED 3/4" MODERN CORRUGATED SIDING IN BLACK PAINT LOCK FINISH. ALTERNATE: NAKOMOTO FORESTRY "SHOU SIGU BAN" SUYAKI FINISH. SELECT CLEAR GRADE 1 X 4 X 12 MATERIAL. METAL 1.5" FLASH CAP UTILIZED WHEREVER NEEDED. 4.DEKTON EXTERIOR FACADE SURFACE PANELING OR METAL COLD ROLLED STEEL PANEL SYSTEM AT MIN. 20 GAUGE OR PER RECOMMENDATION OF MANUFACTURER TO FACILITATE NO OIL CANNING OF SURFACE. PANELS TO FOLD ALL EDGES TO DEPTH MIN. OF 1". BLUE STEEL FINISH OR EQUIVALENT TO BE DETERMINED. 5.FIREPLACE FLUE / VENT SHROUD - METAL FRAME AUTOMOTIVE PAINT LOCK FINISH (BLACK) WITH MCNICHOLS DESIGNER PERFORATED ALUMINUM METAL SCREEN PANELS - DIAMOND PATTERN / GRECIAN ALLOY TYPE 3003-H14 - MILL FINISH. 6.POURED CONCRETE STAIR AND PATIO AREAS WITH CHAMFERED EDGE AND ACID ETCH FINISH. COLOUR T.B.D. ALTERNATE: BASALT GRANITE CUT STONE SLABS - FLAMED FINISH- 2-1/4 " THICK MINIMUM. POURED IN PLACE CONCRETE FOUNDATION. INDUSTRY STANDARD CONCRETE AGGREGATE MIX AND FORM FINISH. 7.FLASHING AND TRELLIS AREAS TO BE BRIDGERSTEEL PAINT LOCK METAL FINISH. 29 GAUGE MINIMUM - BLACK OR GUNMETAL GREY PER DIRECTION OF SIDING TBD / APPROVED. 8.AUTOMOTIVE PAINT LOCK FINISH METAL RAILING WITH ALUMINUM CABLE RAIL HORIZONTAL CROSS MEMBERS - 4" MAX. SPACING PER IRC CODE. 9.SOLAR PANELS PER MANUFACTURER TBD. TILT NOT TO EXCEED 45 DEGREE INSTALLATION AND ORIENTATION TBD. REPRESENTATION FOR GRAPHIC PURPOSES / FUTURE INTENT OF APPROVAL. 10.FOUR PANEL FROSTED GLAZED OVERHEAD GARAGE DOOR SYSTEMS - FABRICATOR: OVERHEAD GARAGE DOOR COMPANY. GENERAL NOTE: IF DEEMED NECESSARY, ALL CHALET WINDOWS TO BE RESTORED / REPAIRED AS NECESSARY BY AN HPC APPROVED SUBCONTRACT ENTITY. ASPEN RESTORATION COMPANY AND/ OR PHOENIX RESTORATION RECOMMENDED FOR ALL HISTORICAL WINDOW AND DOOR CONSIDERATIONS IF NECESSARY AT A FUTURE TIME. GENERAL NOTE: ALL ORNATE DETAILING SPECIFIC TO EXISTING HISTORICAL CHALET & CHICKEN COOP TO BE MAINTAINED. REPAIR AND REPLACE ELEMENTS AS DETERMINED NECESSARY PER ALL ASPEN HPC APPROVALS. MATCH EXISTING CONDITIONS WHEREVER POSSIBLE. GENERAL NOTE: PAINTED WOOD FASCIA AND SOFFIT CONDITIONS. MATCH EXISTING HISTORICAL CONSTRUCTION AS NECESSARY SHOULD REPAIR / REPLACEMENT BE DEEMED NECESSARY.KEY PLAN NOTES: 1.FOR DOOR AND WINDOW SCHEDULES SEE A-80.00 SERIES 1.TAG BELOW RESPECTIVE ELEVATION HPC PROVISIONS: RECESSED WALL LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY E l e v :: A 1 1 1 RECESSED SOFFIT LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY WALL MOUNTED LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY 1.GENERAL NOTE: IT IS TO BE UNDERSTOOD ALL MATERIALS & SPECIFICATIONS AS DESCRIBED ARE SUBJECT TO PRODUCT AVAILABILITY AND COST CONSIDERATIONS AT THE TIME OF ACTUAL CONSTRUCTION. IF FOR REASONS OUT OF OUR CONTROL ALTERNATIVE MATERIALS, MEANS OR METHODS NEED BE CONSIDERED, THE HPC STAFF & MONITOR IS TO BE NOTIFIED ACCORDINGLY FOR SOLUTION DIALOGUE & APPROVAL AT SAID TIME A 110 C-2 PROPOSED: ALLEY RESIDENCE ELEVATIONS + SITE CONTEXT FEB 2022 949-8 "949-HOUSE"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 1 TBD PROPOSED SOUTH (REAR YARD / ALLEY) ELEVATION - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 2 TBD PROPOSED MATERIALS KEY - ALLEY RESIDENCE: 949 SMUGGLER SCALE : NO SCALE 92 ENTRY HALL (A) M-100 "ALLEY" GARAGE (1 STALL) M-106 LINE OF UPPER LEVEL ABOVE M-107 "CHALET" GARAGE (1 STALL) GUEST MASTER BEDOOM M-103 GUEST MASTER OFFICE/ FLEX M-104 GUEST MASTER BATHROOM M-105 STAIRCASE M-101 MUDROOM M-102 LINE OF DECK ABOVEDNUP E G C-1 C-2 C-3 ENTRY HALL (B) LW OPEN TO SUBGRADE LVL. LW OPEN TO SUBGRADE LVL. TRELLIS / OVERHANG ABOVE DECK OVERHANG ABOVETRELLIS / OVERHANG ABOVELINE OF DECK ABOVE1 1 1 1 1 1 1 1 1 1 2 2 1 2 3 RECESSED WALL LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY RECESSED SOFFIT / UNDERSIDE OF ROOF OVERHANG LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY WALL MOUNTED LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY U-207 WRAPAROUND DECK AREA ABOVE GARAGE U-211 LIVING ROOM U-205 U-204 DINING AREA KITCHEN U-203 KITCHEN ISLAND U-206 DN MASTER DECK AREA U-210 POWDER U-201 MASTER BEDOOM MASTER BATHROOM U-209 HALLWAY U-202 STAIRCASE U-200 ROOF OVERHANG ROOF OVERHANG TRELLIS / OVERHANG BELOW ROOF OVERHANG1 1 1 1 1 1 1 1 1 3 3 3 3 3 3 3 3 3 3 3 3 1 2 3 RECESSED WALL LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY RECESSED SOFFIT / UNDERSIDE OF ROOF OVERHANG LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY WALL MOUNTED LIGHTING / FIXTURE LOCATE - DOWN DIRECTIONAL ONLY PROPOSED: ALLEY RESIDENCE EXTERIOR LIGHTING PLAN FEB 2022 949-9 "949-HOUSE"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 1 TBD PROPOSED SUBGRADE + MAIN LEVEL EXTERIOR LIGHTING PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 2 TBD PROPOSED UPPER LEVEL EXTERIOR LIGHTING PLAN - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 3 TBD PROPOSED EXTERIOR LIGHTING FIXTURES - ALLEY RESIDENCE: 949 SMUGGLER SCALE : 3/16" = 1'-0" 93 PROPOSED: MODELING SITE CONCEPT FEB 2022 949-10 "949-HOUSE"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 1 TBD PROPOSED MODELING SITE CONCEPTS (C-5) CHALET + ALLEY RESIDENCE: 949 SMUGGLER SCALE : NOT APPLICABLE 94 PROPOSED: MODELING SITE CONCEPT FEB 2022 949-11 "949-HOUSE"a r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1ADDRESS‹2013 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDDate:Rev. Construction issue date: Drawing Title: Sheet #: 1JOB NAMEXXXXX NOT FOR CONSTRUCTIONw w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )ISSUANCE SEAL DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 119 - BRANDT 01DEC-2015 PITKIN AE / SP FINAL c STUDIO B ARCHITECTS, INC 2015BRANDT RESIDENCE119 South Little Texas Lane, Woody Creek CO 81656LANDSCAPE ARCHITECT Lift Studio LLC Landscape Architecture PO Box 2748 Aspen, Colorado 81612 T: 970.404.5610 www.liftstudiolandscape.net MEP ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com GENERAL CONTRACTOR G.F. Woods Construction 430 East Hyman Avenue Aspen, Colorado 81611 T: 970.544.1833 www.gfwoods.com ‹2015 STUDIO B ARCHITECTS P.C. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF STUDIO B ARCHITECTS P.C. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF STUDIO B ARCHITECTS P.C. STUDIO B ARCHITECTS P.C. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDa r c h i t e c t u r e + i n t e r i o r s5 0 1 r i o g r a n d e p l a c e s u i t e 1 0 4 a s p e n, c o 8 1 6 1 1w w w . s t u d i o b a r c h i t e c t s . n e t 9 7 0 . 9 2 0 . 9 4 2 8 ( t )STRUCTURAL ENGINEER Resource Engineering Group Inc. 502 Whiterock Avenue, Suite 102 Crested Butte, CO 81224 T: 970.349.1216 www.reginc.com G.F.WOODS CONSTRUCTION CIVIL ENGINEER High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 T: 970.945.8676 www.hceng.com ISSUANCE FOR CITY OF ASPEN USE DRAWING NO: DRAWING TITLE: PROJECT # SCALE DATE 949 SMUG 01 HPC- ASPEN MODERN c 1 FRIDAY DESIGN, LLC 2022949 WEST SMUGGLER "CHALET RESIDENCE" 949 West Smuggler :: West End, City of Aspen, COOwner: Mr. Chris Vandemoer, Manager 949 West Smuggler Aspen, CO 81611 PROJECT DESIGNER / CITY OF ASPEN REPRESENTATIVE 1 Friday Design PO BOX 7928 Aspen, Colorado 81612 T: 970.309.0695 www.1friday.com Contact: Derek Skalko, Principal ‹2022 1 FRIDAY DESIGN/ DEREK SKALKO LLC. THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF 1 FRIDAY DESIGN LLC. NO PART OF THIS INFORMATION MAY BE USED OR COPIED WITHOUT THE PRIOR WRITTEN PERMISSION OF 1 FRIDAY DESIGN LLC. 1 FRIDAY DESIGN LLC. SHALL RETAIN ALL COMMON LAW STATUTORY AND ALL OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO ALL RIGHTS RESERVEDISSUANCE DATE: LAND SURVEY ENGINEER Sopris Engineering Inc. 502 Main Street, Suite A-3 Carbondale, CO 81623 T: 970.704.0311 www.soprisengineering.com NEGOTIATION LAND PLANNING Haas Land Planning LLC 240 East Main Street, Suite 220 Aspen, CO 81611 T: 970.925.7819 E: mitch@hlpaspen.com Contact: Mitch Haas, Principal CIVIL ENGINEER Boundaries Unlimited Inc. 923 Cooper Avenue, Suite 201 Glenwood Springs, CO 81601 T: 970.945.5252 www.bu-inc.com COA - 949 W SMUGGLER 1 TBD PROPOSED MODELING SITE CONCEPTS (C-5) CHALET + ALLEY RESIDENCE: 949 SMUGGLER SCALE : NOT APPLICABLE 95 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, amy.simon@cityofaspen.com DATE: September 10, 2020 (updated December 8, 2021) PROPERTY: 949 W. Smuggler REPRESENTATIVE: Chris Vandemoer, cvandemoer@outlook.com DESCRIPTION: 949 W. Smuggler, Lot 2 of the Vandemoer Hill Lot Split, was recently created through a subdivision that divided the original larger parcel into two. Lot 2 contains a home built in 1946 and is therefore eligible for voluntary historic designation through the City’s AspenModern program. This designation process allows the property owner to negotiate site specific benefits to be awarded by City Council in response to the owner’s commitment to historic preservation. The property owner plans to divide Lot 2, with the historic resource and a new detached dwelling unit on one parcel, and a right to develop a new single family home on the other parcel. Benefit requests must be specified in the application. The first review step will be a hearing with HPC, who will provide a recommendation to City Council on the appropriateness of landmark designation, land use requests and the benefits package. Council will make the final determination. The Municipal Code provides that the process should be accomplished within 90 days, unless the City and applicant agree to a longer timeframe. The applicant may withdraw from the process at any time until a designation ordinance is passed. Final review will be required by HPC but will occur after the 90 day designation period. Below are links to the Land Use Application form and Land Use Code: Historic Preservation Land Use Application Land Use Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.410 Residential Design Standards 26.415.025.C Identification of Historic Properties 26.415.030 Designation of historic properties 26.415.070 Development involving designated historic properties 26.415.080 Demolition of designated historic properties 26.415.110 Benefits 26.470 Growth Management 26.480 Subdivision Review by: Staff for completeness and recommendations HPC for recommendations Council for decisions Public Hearing: Yes, at HPC and Council 96 Referrals: Staff will seek referral comments from the Building Department, Zoning, Engineering and Parks regarding any relevant code requirements or considerations. There will be no Development Review Committee meeting or referral fees. Planning Fees: $1,950 for 6 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) This fee will be due at Conceptual and Final submittal. Voluntary historic designation is exempt from land use fees, however the development aspect of the application is billable Total Deposit: $1,950.00 To apply, first submit one printed copy of the following information: Completed Land Use Application. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. A site improvement survey (no older than a year from submittal) including topography and vegetation and the high-water line and 100 year flood plain (flood hazard area) showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. HOA Compliance form. List of adjacent property owners within 300’ for public hearing. To create labels go to: https://maps.pitkincounty.com/gvh/?viewer=portal A written description of the proposal and an explanation of how the proposed development complies with the review standards relevant to the development application. A map indicating the boundaries of the historic designation. Historic property description, including narrative text, photographs and/or other graphic materials that document its physical characteristics. Written description of historic preservation benefits which the property owner request be awarded at the time of designation, and relationship to Section 26.415.010, Purpose and Intent of the historic preservation program. A proposed site plan. Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. 97 For Conceptual, the following items will need to be submitted in addition to the items listed above: Graphics identifying preliminary selection of primary exterior building materials. A preliminary stormwater design. For Final Review, the following items will need to be submitted in addition to the items listed above: Drawings of the street facing facades must be provided at ¼” scale. Final selection of all exterior materials, and samples or clearly illustrated photographs. Samples are preferred for the presentation to HPC. A lighting plan and landscape plan, including any visible stormwater mitigation features. Disclaimer:The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 98 Page 4-1 Since the AspenModern program is a negotiated approval process through which preservation benefits and incentives beyond those identified in the Code are available to an applicant, the applicable sections and provisions of the Code take on a flexibility that does not exist with other types of applications. Direct compliance with the normally or otherwise applicable review criteria of the Code is not necessarily required in the context of an AM negotiation. Nevertheless, the normally applicable Code Sections are addressed below. Proposed incentives/benefits are indicated in purple font. A.DESIGNATION OF ASPENMODERN PROPERTIES, SECTIONS 26.415.025 AND 0.30 With respect to Code Section 26.415.025, the 949 West Smuggler Street property is identified on the AspenModern map, referenced in the adopted Chalet Style Buildings context paper, and has been included in City of Aspen surveys since at least 2000. In addition, the National Trust for Historic Preservation sponsored a booklet on AspenModern properties that features the 949 West Smuggler Street chalet, as shown below. The designation of AspenModern properties to the Aspen Inventory of Historic Landmark Sites and Structures (the Inventory) is governed by Section 26.415.030(c) of the Code. To be eligible for designation, an individual building, site, structure, or object, or a collection of buildings, sites, structures, or objects must have a demonstrated quality of significance. Furthermore, to be worthy of preservation incentives and to evaluate the equitability of such incentives, an AspenModern property must be rated on a “good, better or best” scale regarding its contribution to and significance in Aspen’s 20th century history. Section 26.415.030(C)(1) of the Code states that, a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; EXHIBIT 4 99 Page 4-2 b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsmen, or design philosophy that is deemed important and the specific physical design, designed, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions or persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property’s potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criteria. 949 West Smuggler Street represents the post-war ski industry and resort economy development of Aspen, and the chalet buildings were directly related to this as a way of mimicking the styles commonly associated with established European ski and tourism destinations. The 949 West Smuggler Street property embodies the chalet style aesthetic that symbolizes the local, state, regional and national level importance that was placed on rejuvenating picturesque mountain towns by replacing the long-lost silver mining era with a tourism-based economy that could compete with Europe’s traditional ski resorts. Modern architecture made its first appearance in Aspen after World War II. The period of historic significance for modernist buildings in Aspen is between 1945 and approximately 1975. According to the City’s published Aspen Modern National Trust for Historic Preservation booklet, “The Swiss-style is a favorite, with a range of homes tucked into neighborhoods like little Alpine cabins. Yet, this traditional look (such as the 1946 single-family chalet at 949 West Smuggler Street, possibly Aspen’s oldest example of this style) mixes easily with the more contemporary versions, referred to locally as ‘Modern Chalets’.” Furthermore, per the City of Aspen’s website (http://www.aspenmod.com/places/949-w- smuggler/), the home at 949 West Smuggler Street “is a highly decorative, classic example of the Chalet style, and was likely the first example built in town, just as the first chairlift was opening on Aspen Mountain. The house appears to be as originally designed. Built for a family from the Denver area, it is an example of an early ski vacation home in Aspen.” The home is considered representative of the period of ski industry development in Aspen and, having never changed hands, remains under the ownership of the Vandemoer family, its original developers. Completely intact and unaltered (even its interiors), with an historic integrity score of 19 points (out of a possible 19 points), the home has often been referred to by City historic preservation staff and commissioners as the single “most important property” on the AM list of potentially historic structures. The chalet house and outbuilding are irreplaceable, “best” rated resources that have remained under the ownership of the original family who built them, and their historic integrity assessment achieves a perfect score. Preservation of this disappearing type of construction and important style is imperative to Aspen’s post War 100 Page 4-3 heritage, as noted in the City’s chalet style context paper. This application offers the chance to have this one-of-a-kind, important historic treasure forever preserved and protected against intentional loss, inappropriate alteration, or redevelopment. B. MAJOR DEVELOPMENT REVIEW (CONCEPTUAL & FINAL) Any development involving historic properties designated on the Aspen Inventory of Historic Landmark Site and Structures requires the approval of a development order and a certificate of appropriateness before a building permit or any other work authorization will be issued by the City. No additions or alterations are proposed to a historic resource other than the on-site relocation of the small chicken coop outbuilding. Only a new, completely detached structure is proposed, and said structure is sufficiently in character with and sympathetic to the historic structure without mimicry. The historic buildings are retained on the property, and they will maintain visual prominence from West Smuggler and North 8th Streets. The proposed detached structure runs entirely on the alley side of the property, separated from the historic chalet by a distance approximating the ridge height of the resource. Given the lack of change proposed on or for the historic chalet structure and as a negotiated AspenModern incentive, this application seeks combined Conceptual and Final Major Development Review approvals. Furthermore, in the context of the negotiation, the proposed designs are supplied as being consistent with more than enough of the potentially applicable HPC Design Guidelines to warrant the requested approvals regardless of whether there may be individual Guidelines that are not met. To the extent that the proposal may be interpreted as inconsistent with any of the Guidelines, waiver of the “requirement” to be found consistent with such Guideline is necessary as part of the AspenModern negotiated approval. Regarding the Streetscape Guidelines: • The buildings reinforce the traditional grid pattern of the neighborhood. • The open spaces around and in front of the chalet are preserved and the visual porosity of the site is maintained. • No changes to the streets or alleys are proposed and there are no ditches on the property. • The 8th Street driveway access will be removed and only alley access will remain; however, it is proposed that the parking in the West Smuggler Street right-of-way be maintained as it has been since the chalet was originally built in 1946. • The historic hierarchy of spaces is unchanged in the proposal; the simple walkways and the same fencing that have existed since the 1940s will be maintained and these succeed in distinguishing between public, semi-public, and private spaces. • A preliminary stormwater plan is provided with this application, and a more detailed plan will be provided at building permit application. • No built-in furnishings or features are proposed. • The impressively large trees flanking the chalet are being preserved, and the only anticipated tree removals involve insignificant and/or poor-condition trees along the alley. • No new landscaping is proposed as a way of honoring the existing, simple but mature landscape around the chalet, maintaining the existing degree of porosity. 101 Page 4-4 • No landscape lighting exists, and none is proposed. • There are no retaining walls existing or proposed on the site, and existing grades will be maintained through and after the development of the new, detached residence along the alley. The Restoration Guidelines of Chapters 2-7 are not applicable. The chalet structure is intact, will not be altered, and requires no restoration. The building materials, windows, doors, porch and decks, architectural details, and roofs will be unaffected. The same is true of the chicken coop outbuilding that will merely be relocated from its obscure location along the alley to a more prominent spot where it will better compliment the historic significance of the chalet. Moving on to the Chapter 11 Guidelines normally applicable to the new detached residence, the following applies: • The new building is oriented parallel to the lot lines to maintain the traditional grid and to relate to the chalet. • The idea is for the chalet to remain the “front” building, with its primary entrance defined by a simple walkway and a front porch. To maintain this prominence, the new structure will have a secondary feeling, exemplified by its less-defined entrance and primary access. Although the structures are amply detached, this property is intended to function as one. • The new building relates to the size of the historic chalet. As proposed, the new alley residence will be set some 68-feet back from the front property line on a lot that is only 100’ deep. With its 5-foot rear yard setback, this means the new residence is only a modest 27-feet deep at its largest point from front to back. For sake of comparison, consider that the chalet structure, including roof overhangs, is 35’-8” deep from front to back. In addition, the historic chalet structure and the new alley residence will be a very generous 23’-10” apart (wall-to-wall) in a zone district that requires only 5-feet between detached structures. These ample distances, combined with the preservation of the extremely large evergreen trees, ensure that the proposed alley residence’s 25-foot maximum height (including rooftop solar panels) will achieve a sympathetic and subservient relationship with the historic assets. The compact design of the new residence is simply in form, scale, and massing. Combined with the separation distances described above, the simple and clean form of the proposed design serves to ensure that the new structure will not visually compete with or in any way overwhelm the historic resources. It also ensures that the old and new will be clearly and easily differentiated such that nobody will confuse the two. See images pasted below. 102 Page 4-5 • The layout of the proposal has been very carefully considered to guarantee design of the new residence is sympathetic and subservient to the historic resource while maintaining the prominence of the chalet and associated trees from West Smuggler and 8th Streets. The chalet’s iconic north and east facades, including the second-floor deck facing 8th Street, will forever remain highly visible and unobstructed, especially given the proposed building envelope/setbacks on the Vacant Lot. C. DEMOLITION OF DESIGNATED HISTORIC PROPERTIES Section 26.415.080 of the Code provides the standards for the review of any request to demolish a structure within a designated historic property. Of course, the subject property is not yet designated historic and any of its structures can still be demolished by right. The applicant intends to maintain the primary chalet structure as well as the associated “chicken coop” outbuilding after its relocation (addressed below). However, the 20.3’ x 12.5’, one-story shed that currently sits at the southeast corner of the property will be demolished. Per Section 26.415.080(a)(4), demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a. The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner; b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; c. The structure cannot practically be moved to another appropriate location in Aspen; or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance; 103 Page 4-6 Additionally, for approval to demolish, all the following criteria would normally need to be met, although not necessarily in the case of an AspenModern negotiated designation: a. The structure does not contribute to the significance of the parcel or Historic District in which it is located; b. The loss of the building, structure or object would not adversely affect the integrity of the Historic District or its historic, architectural or aesthetic relationship to adjacent designated properties; and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area. The shed structure cannot practically be moved to another appropriate location on-site, but if, prior to its demolition, someone would like to move it to another appropriate location in Aspen, the Applicant is willing to allow it to be taken. Moreover, there is no known documentation to demonstrate that this outbuilding has historic, architectural, archaeological, engineering or cultural significance. It is felt that the structure does not contribute to the historic significance of the parcel, and it resides on the proposed, non- historic vacant lot. The loss of the shed will not adversely affect the perfect integrity scoring of this property. There are no adjacent designated properties, and demolition of the shed will be inconsequential to the historic preservation effort proposed herein or to the needs of the area. D. RELOCATION OF HISTORIC CHICKEN COOP (OUTBUILDING) Code Section 26.415.090 explains its intent as being the preservation of designated historic properties in their original locations, as much of their significance is embodied in their setting and physical relationship to their surroundings. However, it is also recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. In the current case, the primary historic resource of the chalet residence will not be relocated or altered in any fashion. Instead, only the small “chicken coop” outbuilding currently located along the alley is proposed for on-site relocation. The applicable review criteria for this proposal are found in Section 26.415.090(c) and HPC Design Guidelines 9.1 through 9.8, as addressed below. (c) Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: (1) It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or (2) It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or (3) The owner has obtained a certificate of economic hardship; or (4) The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or 104 Page 4-7 diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: (1) It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; (2) An appropriate receiving site has been identified; and (3) An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. As stated above, only the small “chicken coop” outbuilding is proposed for on-site relocation. The outbuilding is original to the site but its small stature and its location along the alley and within/under vegetation is such that it is barely noticeable. This outbuilding measures just 11.3’ x 11.3’, is less than a full story in height, and sits on a rock foundation. It will be stabilized, lifted, and moved some 50 or so feet to the northeast, where it will reside adjacent to and east of the rear half of the chalet, partially beneath the branches of the large conifer that marks the back corner of the resource. It will be sensitively placed back on a new slab that will help to better support the structure while avoiding impacts to the tree’s root system. This small structure is capable of being lifted and its new base will provide structural stability ensuring its future. Other than this relocation, the structure will not be altered. The new location assures not only increased stability but also a greater degree of prominence and association with the historic chalet structure. HPC Design Guideline 9.1 is not applicable since the proposal does not involve the development of a basement beneath the relocated outbuilding. Regarding Guidelines 9.2 through 9.7, this on-site relocation is for only a small outbuilding -- not relocation of the primary resource – that is not within a historic district. The accompanying plans show the existing and proposed locations for the structure. Its existing location is not much contributing to the historic significance of the property since it is hardly even noticeable, and the proposed relocation will enhance the relationship between the primary and accessory structures. The outbuilding’s orientation will be maintained (i.e., the door facing north), as will its historic elevation above grade. Its new foundation will appear similar in design and materials to the historic “foundation;” simply laying small rocks around its base will accomplish this. Similarly, its original exterior will be unaltered and require no reconstruction. There will be no lightwells as the structure will not have any subgrade area. The relocation will be accomplished by experienced and qualified contractors. Guideline 9.8 is inapplicable since the proposed relocation is on-site. E. SECTION 26.415.110 - BENEFITS Section 26.415.110 of the Code explains that the City is committed to providing support to property owners to assist their efforts to maintain, preserve, and enhance their historic properties. Recognition that these properties are valuable community assets is the basic premise underlying the provision of special procedures and programs for designated 105 Page 4-8 properties, and the same recognition goes even further in underlying the AspenModern program through which the City negotiates the granting of benefits and incentives beyond those specified in the Code to convince an owner to willingly landmark their property. The Applicant is not requesting a historic landmark lot split but is instead utilizing the AspenModern negotiation to request a subdivision and associated GMQS exemption that would result in one additional unit of density (these are separately addressed below). Of the “benefits” provided for in Section 26.415.110 of the Code, the Applicant is requesting only minor setback variations, a slight on-site parking reduction, and the issuance of a transferable development right (TDR). The Applicant is not requesting a Floor Area bonus, any conditional uses, or any funds or fee waivers. In relevant part, the HPC is empowered to grant variations to allow: (a) development within the side, rear and front setbacks; (b) development that does not meet the minimum distance requirements between buildings; and (c) up to 5% additional site coverage. The proposed development complies with the R-6 zone district requirements for front setbacks, minimum distance between detached buildings on a lot, and site coverage limitations. That said, to the extent that any such requirements are later determined to be unmet, it is proposed that the provided site plan be established as approved under the terms of the AspenModern designation. Setbacks. In granting a variation, the HPC must determine that the variation “Is similar to the pattern, features and character of the historic property…and/or Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property…” The only Chalet Lot variations requested from the zoning involve (1) the relocated chicken coop having a five-foot east side yard setback where ten-feet would otherwise be required; (2) a five-foot rear yard setback variation to allow a lightwell that exceeds minimum size; and (3) five-foot rear setback for spaces that will not be used solely as garage, including both the new residence’s below grade mechanical and laundry rooms under the garage (within the same foundation) and a deck area on top of the garage. The zoning allows a 5-foot rear yard setback for that portion of the principal structure used solely as a garage but otherwise requires a 10-foot rear yard setback; the applicant merely seeks to utilize the spaces above and below those first five feet of garage. All above-grade massing and scale conditions for the proposed alley residence comply with R-6 dimensional requirements. As proposed, the new alley residence will be set some 68-feet back from the front property line on a lot that is only 100’ deep. With its 5-foot rear yard setback, this means the new residence is only a modest 27-feet deep at its largest point from front to back. For sake of comparison, consider that the chalet structure, including roof overhangs, is 35’-8” deep from front to back. In addition, the historic chalet structure and the new alley residence 106 Page 4-9 will be a very generous 23’-10” apart (wall-to-wall) in a zone district that requires only 5- feet between detached structures. These ample distances, combined with the preservation of the extremely large evergreen trees, ensure that the proposed alley residence’s 25-foot maximum height (including rooftop solar panels) will achieve a sympathetic and subservient relationship with the historic assets. The compact design of the new residence is simply in form, scale, and massing. Combined with the separation distances described above, the simple and clean form of the proposed design serves to ensure that the new structure will not visually compete with or in any way overwhelm the historic resources. It also ensures that the old and new will be clearly and easily differentiated such that nobody will confuse the two. On the Vacant Lot, it is proposed that the standard 10-foot front setback be increased three-fold to 30-feet for above-grade improvements to assure maximum visibility of the historic structures from West Smuggler Street and its North 8th Street intersection (utilities and subgrade improvements would continue to be subject to the standard 10- foot front yard setback requirement). To accommodate this, it is also proposed that the east side yard setback for this 8,000 square foot lot be 5-feet, as required (adjacent to the nearly 30-feet of unoccupied right-of-way between the property line and the N. 8th Street roadway), and that the combined side yard setback requirement be waived or established at 15-feet (a 10-foot variation from the 25-foot requirement). The proposed side yard setbacks and the 5-foot/10-foot rear yard setback are consistent with the underlying R-6 zoning. If preferable to the City, the Applicant is amenable to establishing these setbacks as a formal “building envelope” to be delineated on the Final Subdivision Plat. The proposal is wholly compatible with the surrounding neighborhood. In addition, the requested variations are fully appropriate and warranted in exchange for guaranteeing the perpetual preservation of a substantial community benefit and valuable community asset by landmark designating Aspen oldest remaining example of a chalet residence and associated outbuilding. The layout of the proposal has been very carefully considered to guarantee the design of the new residence is sympathetic and subservient to the historic resource while maintaining the prominence of the chalet and associated trees from West Smuggler and 8th Streets. The chalet’s iconic north and east facades, including the second- floor deck facing 8th Street, will forever remain highly visible and unobstructed, especially given the proposed building envelope/setbacks on the Vacant Lot. On-Site Parking. Per Code Section 26.415.110(d), on-site parking reductions are permitted for designated historic properties unable to contain the number of parking spaces required by the underlying zoning due to the existence of a historic resource. When the parking waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property, the HPC may also waive any otherwise required cash-in-lieu of on-site parking for residential development. Since the Chalet Lot will contain two detached single-family residences, the Code would require four on-site parking spaces, or two per dwelling. The Applicant is requesting a parking waiver of two spaces to allow one on-site parking space per dwelling. The 107 Page 4-10 proposed plans include two one-car garages within the new detached structure. One of these spaces is to be dedicated to the chalet structure and the other is for the new residence. The two garages are separated by an interior wall and only one of the two spaces is accessible from within the attached residence. In addition, the Applicant seeks approval to maintain the existing fence and parking pull-out area within the West Smuggler Street right-of-way, as these have existed since the 1940s. Relocating the circa 1940s fence to match the West Smuggler Street property line is not feasible or desirable as it would necessitate impacts to the historically significant trees. This pull-out area within the West Smuggler Street right-of-way provides an additional 3-4 off-street parking spaces. Placing two additional parking spaces on-site would require the removal of additional trees and greater impact on/crowding of the historic resources. A waiver of the requirement for two additional on-site spaces allows the two historic assets to stand- alone, without additions or alterations, surrounded by the massive trees that have always added to the character of the property and an appropriate, ample amount of open ground. As such, the waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property; therefore, the fee in- lieu should be waived as well. Transferable Development Rights (TDR). Section 26.415.110(k) provides that owners of properties listed on the Inventory may sever and convey, as a separate development right, undeveloped floor area to be developed on a different property within the City. The proposed Vacant Lot, being 8,000 square feet in the R-6 zone district, would normally allow 3,520 square feet of Floor Area for a single-family residence. However, in another proactive effort to ensure sensitivity to the important historic resources on the adjacent Chalet Lot, the Applicant is volunteering that the Vacant Lot be limited to just 3,240 square feet of floor area, or the same floor area allowed for a lot of only 6,000 square feet. With this 280 square foot reduction, the Applicant is requesting one (1) 250 square foot historic TDR that can be sold for use on a different, eligible receiver site within the City. All other dimensional requirements of the R-6 zoning, as may be amended, would continue to govern development on the Vacant Lot. Such development will also remain subject to all other applicable codes, including but not necessarily limited to the Residential Design Standards. F. RESIDENTIAL DESIGN STANDARDS, CHAPTER 26.410 As codified at Section 26.410.010(a), The City’s Residential Design Standards are intended to ensure a strong connection between residences and street; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. 108 Page 4-11 The Code further provides that the Residential Design Standards (RDS) are intended to achieve an environment where homes have a connection to the street, respond to neighboring properties, and reflect traditional building scale. The proposal preserves the historic chalet that has engaged the street for some 75 years and provides articulation by breaking up available bulk and mass into three small-to-modest, detached structures. It also not only preserves historic neighborhood scale and character, but its buildings are critical in defining the neighborhood’s historic character and scale. Obtaining HPC approval of the proposed development inherently guarantees achieving of the objectives and intent of the RDS. As such, to the extent that the proposed development and design of the new structure on the Chalet Lot fails to comply with any of the applicable RDS, it is proposed that such standard be waived under the umbrella of the negotiated AspenModern approval. The future development of the Vacant Lot, on the other hand, will be subject to consistency with any then applicable RDS. G. GROWTH MANAGEMENT, CHAPTER 26.470 While this AM negotiation application seeks Major Subdivision approval and the granting of a residential development allotment for the Vacant Lot, it is requested that both resulting lots be permitted to mitigate for affordable housing in accordance with and pursuant to the Codes in effect for the development of preexisting parcels or lots created through a Lot Split process, as such code provisions may exist at the time of building permit applications. Development of a second residential dwelling on the proposed 10,000 square foot Chalet Lot, as allowed by the R-6 zoning dimensional requirements, is exempt from growth management pursuant to Code Section 26.470.090(a) and will provide affordable housing mitigation accordingly. As requested, the Vacant Lot will allow the future development of a single-family home that is similarly exempt from growth management pursuant to Section 24.470.090(a). The existing lot was created by a Lot Split, and the new lots will have been subdivided and found to comply with the provisions of Subsection 26.480.020 (addressed later herein). As such, both resulting lots will mitigate for affordable housing in accordance with and pursuant to the Codes in effect at the time of building permit applications and no related fee waivers are requested. It is the Applicant’s intention to keep the Chalet Lot, including its two historic structures and the new residence they will build thereon. It is unlikely but possible that the new residence at the rear of the Chalet Lot could be developed in advance of the Vacant Lot being sold to a third party. The developing of this new residence at the rear of the Chalet Lot will trigger a requirement for payment of an affordable housing mitigation fee. The Vandemoer family does not permanently reside within Aspen. Nevertheless, in recognition of the family having owned the subject property for more than 75 years, it is requested that, in the event the new residence on the Chalet Lot is to be developed in advance of the Vacant Lot having been sold, payment of the required affordable housing mitigation fee associated with the new residence on the Chalet Lot be allowed to be 109 Page 4-12 deferred until at least one month following the Vacant Lot being sold to an unassociated third party. If the Vacant Lot is sold prior to building permit for the new alley residence on the Chalet Lot, then full payment of the applicable mitigation fee will be made at the time of its permit issuance. H. SUBDIVISION, CHAPTER 26.480 The purpose of Chapter 26.480, Subdivision, of the Aspen Land Use Code is to: (a) assist in the orderly and efficient development of the City; (b) ensure the proper distribution of development; (c) encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; (d) safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; (e) provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features or edges of rivers and other bodies of water; and (f) promote and protect the health, safety and general welfare of the residents of the City of Aspen. The subject property was recently created through a 2020 Minor Subdivision for a Lot Split that divided the original larger, merged parcel into two. The property is a rectangular-shaped 18,000 square foot lot (180’ x 100’) in the R-6 Zone District. It is legally described as Lot 2, Vandemoer Hill Lot Split according to the final plat thereof recorded November 6, 2020, in Plat Book 129 at Page 11, and it includes Lots D-I of Block 3, City and Townsite of Aspen (see Exhibit 5). Lot 1 is a vacant parcel under separate ownership and is not part of this application. Excerpt Screenshot from Final Plat of the Vandemoer Hill Lot Split (Subject Property Outlined in Red): 110 Page 4-13 The current configuration of the subject property is the result of Ordinance No. 2 (Series of 2020) (hereinafter the “Ordinance”) and the associated Final Plat. The Ordinance did not historically designate the property or put any significant restrictions on it. Instead, the Ordinance provides that any future development on Lot 2 is merely subject to the requirements of the R-6 zone district in place at such time as a development or redevelopment application is submitted (which time is now). However, the Ordinance provides that Lot 2 “shall not be further subdivided through the Minor Subdivision – Lot Split process.” As such, this application does not seek a Minor Subdivision or Lot Split but instead requests Major Subdivision approval through the AM process to divide Lot 2 into Parcels A and B. Nonetheless, it is requested that both resulting lots be permitted to mitigate for affordable housing in accordance with and pursuant to the Codes in effect for the development of preexisting parcels or lots created through a Lot Split process, as such code provisions may exist at the time of building permit applications. More specifically, the applicant intends to subdivide the property into two lots, as follows: (A) Parcel A (also referred to herein as the “Chalet Lot” or “Historic Lot”) to be a 10,000 square foot, historically designated lot (100’ x 100’) and contain the historic chalet and relocated chicken coop (Outbuilding “B”), as well as a new detached single- family residence along the alley frontage; and (B) Parcel B (also referred to herein as the “Vacant Lot”) to be a vacant 8,000 square foot lot (80’ x 100’) that will be given a residential growth management allotment but will not be designated or otherwise subject to HPC purview for future development of a single-family home. The existing storage building (Outbuilding “A”) will be demolished. The reduced-size diagrams provided below depict the proposed layout of the lots and structures as well as the proposed setback requirements. 111 Page 4-14 Because this application does not involve a request for condominiumization, timesharing, a boundary adjustment, a lot split, or a historic landmark lot split, and because of the terms of the Ordinance, the review is Major Subdivision. Accordingly, the Applicant has provided information below relevant to and addressing the requirements in Code Sections 26.480.040, General Subdivision Review Standards, and 26.480.070, Major Subdivision. Sec. 26.480.040, General Subdivision Review Standards. All subdivisions are required to meet the following general standards and limitations in addition to the specific standards applicable to each type of subdivision. The applicable standards are provided below in indented and italicized text, and each is immediately followed by the Applicant’s response demonstrating compliance or consistency therewith, as applicable. 112 Page 4-15 (a) Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. The proposal allows for guaranteed perpetual and unobstructed legal vehicular access to the alley at the rear of the property as well as both North Eighth Street and West Smuggler Street. All other properties utilizing these public rights-of-way will maintain unobstructed access as well. There are and will not be any streets within the subdivision. No security or privacy gates across access points or driveways are proposed. (b) Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. The proposed lot line runs in a straight line from the alley to West Smuggler Street, As such, it conforms to and aligns with the platting of the Original Aspen Townsite. (c) Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. The proposed lots will contain 10,000 and 8,000 square feet where the underlying R-6 zoning stipulates a minimum lot area of 6,000 square feet. The lots will also have a 100- and 80-foot lot widths where the required minimum is 60-feet. As such, the result will be two fully conforming lots of record. A rezoning is not required or requested, and both lots will remain zoned R-6. (d) Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. 113 Page 4-16 The structures to be maintained are in conformance with the requirements of the underlying R-6 zoning, as such requirements are being varied through the AM process. The proposed single-family residential uses and densities are consistent with the R-6 zoning as well. The shed structure located along the southeast property lines where the alley meets N. 8th Street, is proposed for demolition. Thus, the proposed subdivision, with concurrent approval of the proposed setback provisions, will not result in any nonconformities. Sec. 26.480.070, Major Subdivisions. Code Section 26.480.070 provides that major subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Historic Preservation Commission. Major subdivisions are subject to Section 26.480.030, Procedures for Review, the standards and limitations of Section 26.480.040, General Subdivision Review Standards (addressed above), and the standards and limitations applicable to a land subdivision, as addressed below. (a) Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: (1) The proposed subdivision complies with the requirements of Section 26.480.040— General Subdivision Review Standards. The proposed division of land for purposes of creating individual lots is considered a major subdivision. Compliance with the requirements of Section 26.480.040 has been demonstrated above. (2) The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. The existing 18,000 square foot lot is not fully built out in terms of allowable floor area or density. The underlying R-6 zoning carries a minimum gross lot size of 6,000 square feet. Therefore, it is theoretically possible to subdivide the property into three conforming lots. However, such subdivision into three 6,000 square foot lots would not be possible without moving or demolishing the historic chalet that currently sits on three original townsite lots. Further, given the requirement for the subdivision to align with the original townsite plat, it would also be necessary to remove several of the exceptional trees from the property to make room for development of the three lots that would result. These are not acceptable or appropriate outcomes. It would be possible to subdivide the 18,000 square feet of land into two lots of 9,000 square feet each, which would enable development of four single-family dwellings instead of the three proposed. While such a subdivision would optimize density, it is felt that it would also inappropriately crowd and overwhelm the historic community assets and the large trees. As such, it is believed that the proposed subdivision enables an appropriately efficient pattern of development that sensitively optimizes the use of the limited amount of land available. 114 Page 4-17 (3) The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. The proposed subdivision would guarantee the perpetual preservation of two vital historic structures. It has also been carefully planned to maximize preservation of the important mature vegetation on the property. These features to be preserved have historic, cultural, visual, and ecological importance, all of which greatly and indisputably contributes to the identity of the town. There are no known geologic features on the property. (4) The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29— Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490—Approval Documents. The subject property is not known to be subject to or in any way affected by flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rockslides, mining activity, avalanche or snowslides, slopes greater than 30% or any other hazard or condition that could harm the health, safety or welfare of the community or any inhabitants of the property itself. The only “unsuitable” land for development on the property is the areas beneath the large conifer trees and these areas are being sufficiently avoided to ensure no harm to these resource trees. (5) There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. All identification of engineering design and mitigation techniques for development of the proposed subdivision was considered with the Vandemoer Hill Lot Split. All new development will require the same types of engineering studies and design considerations that are typical throughout the West End area. A new home was recently developed immediately across North Eighth Street and the subject property is not significantly different from an engineering or URMP perspective. All new development will comply with adopted engineering standards. (6) The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. 115 Page 4-18 It is not anticipated that the proposed subdivision would generate impacts that would necessitate significant upgrades to public infrastructure and facilities. However, should any such improvements prove necessary, the developer will bear all associated costs. (7) The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470—Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. As part of the AM negotiated benefits, it is requested that the Vacant Lot be granted a residential development allotment. Further, while this AM negotiation application seeks major subdivision approval, it is requested that both resulting lots be permitted to mitigate for affordable housing in accordance with and pursuant to the Codes in effect for the development of preexisting parcels or lots created through a Lot Split process, as such code provisions may exist at the time of building permit applications. In effect, the Vacant Lot will allow the future development of a single-family home that is similarly exempt from growth management pursuant to Section 24.470.090(a). As such, the necessary administrative growth management exemptions have been requested concurrent with this subdivision and AM approval. (8) The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. The subject property does not include adequate area for the dedication of land. As such, fees in lieu of school land dedication will be paid in association with development of the resulting Vacant Lot. Such fees will be paid at the time of building permit issuance for the new home on the Vacant Lot. (9) A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. A proposed Final Subdivision Plat of The Vandemoer Lot 2 Subdivision is provided herewith for review, as part of the attached proposed plans package. The Final Subdivision Plat will be recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490, Approval Documents. (10) A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. Should this application be approved, a Development Agreement memorializing the terms of the approval will be provided to the City for review and recording in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490, Approval Documents. As is customary, it is requested that a draft Development Agreement be required to be submitted to the City for review within 180-days of this application’s final approval. 116 Page 4-19 I. MEDIUM-DENSITY RESIDENTIAL (R-6) ZONING, SECTION 26.710.040 The proposal provides areas for long-term residential purposes and customary accessory uses. Recreational and institutional uses are found in proximity to the property and its existing and intended detached residential dwellings. The property is within the original Aspen Townsite and will contain an appropriately dense settlement of detached residences within walking distance of both the center of the City and locally and regionally serving transit stops. Therefore, the proposal is completely consistent with the codified Purpose of the underlying R-6 zone district. The proposed detached residential dwellings are a permitted use, and no conditional uses are being considered. The proposed lots comply with the 6,000 square foot minimum gross lot area and the 60-foot minimum lot width requirements. The proposed residential densities on each of the lots are consistent with the minimum net lot area per dwelling unit requirements of the R-6 zone. The Chalet Lot (proposed Parcel A) and its proposed development is consistent in virtually all respects with the underlying R-6 zone district dimensional requirements, including its limitations on floor area. The Applicant is not requesting a Floor Area Bonus from the HPC. Minimum front yard setback requirements are and will continue to be exceeded. The Chalet Lot will have two detached residential dwellings and, since these will be separated by more than ten (10) feet, they are not subject to a combined side yard setback requirement. The Chalet Lot will comply with the 10-foot minimum west side yard setback requirement, but an east side yard setback variation is requested from the HPC to allow the small chicken coop outbuilding to be relocated such that it would have a 5- foot east side yard setback. The R-6 zoning allows a 5-foot rear yard setback for accessory buildings and for the portion of a principal building used solely as a garage; this application requests that the HPC grant a rear yard setback variation to allow the principal residence to benefit from the same 5-foot rear yard setback requirement and to have a lightwell of more than minimum size in the rear yard setback. The existing and proposed structures on the Chalet Lot comply with the 25-foot maximum height, and all structures will have more than 5-feet of separation between them. The 10,000 square foot Chalet Lot will have a maximum site coverage requirement of 36.66%, or 3,666 square feet. The proposed site plan and its 25.32% site coverage complies with this limitation. As indicated and calculated on the attached plans, the existing chalet residence includes 1,888.44 square feet of Floor Area (including subgrade and decks), and the chicken coop (Outbuilding “B”) to be maintained has a Floor Area of 127.5 square feet. The current Land Use Code and R-6 zoning allow the proposed 10,000 square foot Chalet Lot two detached residential dwellings with a combined Floor Area of 4,140 square feet. After deducting the Floor Area of the two historic structures to be maintained, there is 2,124.06 square feet of Floor Area available for use in the new residence (4140 – [1888.44 + 127.5]). 117 Page 4-20 Calculated pursuant to current Code, the proposed additional residence has a measured Floor Area of 2,108.39 square feet. As such, the total proposed Floor Area to be located on the Chalet Lot is 4,124.33 square feet, or 15.67 square feet less than the 4,140 square feet of Floor Area the R-6 zoning allows. On the Vacant Lot (proposed Parcel B), it is proposed that the standard 10-foot front setback be increased three-fold to 30-feet for above-grade improvements to assure maximum visibility of the historic structures from West Smuggler Street and its North 8th Street intersection (utilities and subgrade improvements would continue to be subject to the standard 10-foot front yard setback requirement). To accommodate this, it is also proposed that the east side yard setback for this 8,000 square foot lot be 5-feet, as required (adjacent to the nearly 30-feet of unoccupied right-of-way between the property line and the N. 8th Street roadway), and that the combined side yard setback requirement be waived or established at 15-feet (a 10-foot variation from the 25-foot requirement). The proposed side yard setbacks and the 5-foot/10-foot rear yard setback are consistent with the underlying R-6 zoning. If preferable to the City, the Applicant is amenable to establishing these setbacks as a formal “building envelope” to be delineated on the Final Subdivision Plat. The proposed Vacant Lot, being 8,000 square feet in the R-6 zone district, would normally allow 3,520 square feet of Floor Area for a single-family residence. However, in another proactive effort to ensure sensitivity to the important historic resources on the Chalet Lot, the Applicant is volunteering that the Vacant Lot be limited to just 3,240 square feet of floor area, or the same floor area allowed for a lot of only 6,000 square feet. With this 280 square foot reduction, the Applicant is requesting one (1) 250 square foot historic TDR that can be sold for use on a different, eligible receiver site within the City. All other dimensional requirements of the R-6 zoning, as may be amended, would continue to govern development on the Vacant Lot. Such development will also remain subject to all other applicable codes, including but not necessarily limited to the Residential Design Standards. Also, please refer to the Dimensional Requirements Forms included with Exhibit 1. J. COMBINED REVIEWS, SECTION 26.304.060(B)(1) Section 26.304.060(b)(1) of the Code provides that, The procedures for reviewing development plans and applications where more than one (1) development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense and clarity; provided, however, that all public noticing normally associated with the subject development application(s) is maintained and that a thorough and full review of the application and proposed development as otherwise required by this Title is achieved. An AspenModern proposal such as that provided in this application inherently requires a comprehensive, combined review where all requests are considered concurrently. 118 Page 4-21 Combining the various reviews that are requested will eliminate or reduce duplication while ensuring the economy of time, expense and clarity required under Code Section 26.415.025(c)(1), Ninety-Day Negotiation Period. Duly public noticed public hearings will continue to take place before the HPC as well as the Aspen City Council, and a thorough and full review of the application and proposed development will be achieved. As part of this Combined Review and AM negotiation, the Applicant seeks to obtain both Conceptual and Final Major Development approval from the HPC. A thorough and full review of the application and proposed development will be achieved since the historic assets are not being added to or otherwise altered. The architectural detailing of the proposed new residence along the alley are sufficiently represented to enable Final Review to occur concurrently with the Conceptual Review, and the Vacant Lot will not be subject to HPC purview. Nothing worthwhile would be gained by separating the Conceptual and Final Reviews into two applications and two processes but doing so would cause duplication and unnecessary increases in time and expense for the Applicant, who has willfully entered a 90-Day AspenModern Negotiation. K. EXTENSION OF VESTED RIGHTS, SECTION 26.308.010(C) Once the negotiated approvals are granted, the historic designation will take immediate and perpetual effect. However, the Applicant does not have the financial wherewithal to immediately develop the new residence at the rear of the Chalet Lot and seeks a comfortable time cushion to be able to realize this plan. Consequently, the Applicant requests a 10-year period of vested property rights with the approvals granted pursuant to this AM application. With this, it is recognized that fees due for mitigation requirements would be based on the Codes in affect at the time the fee is incurred (i.e., at the time of building permit application), that the vested rights would not protect against newly adopted or amended rules of general applicability (i.e., fire, energy, electrical codes, etc.), and that any duly adopted short-term rental restrictions would apply to the resulting properties. Per Section 26.308.010(c) of the Code, the City Council may approve an extension of vested rights. In reviewing such a request, the City Council shall consider, but not be limited to, the following criteria (each is cited below in indented and italicized text and immediately followed by the Applicant’s response): a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; This standard is not applicable given that the request is for an extended period of initial vested rights, not a reinstatement or extension. Nevertheless, as stated above, the City will immediately have its part of the deal (the historic designation) guaranteed in perpetuity. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project; 119 Page 4-22 This standard is also not applicable given that the request is for an extended period of initial vested rights, not a reinstatement or extension. Regardless, the Applicant has voluntarily incurred and covered all costs associated with preparing this application (including but not limited to legal, planning, surveyor, engineering and architectural fees). There have also been substantial “soft costs” incurred and risked by the Applicant in making this AM negotiation possible, including but not limited to the extended period of incurring taxes and the carry/opportunity costs of having kept and not sold the property. c. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications; The guaranteed and perpetual nature and substantial benefits that will be received by the City because of the project approval have been addressed at length throughout the foregoing. The City has demonstrated a very high level of decades-long interest in historically designating the subject property. Only now, with this Applicant as the sole remaining owner of the property, does the City finally find itself in a position where there is an earnest opportunity to achieve the public goals of historic preservation at 949 West Smuggler Street. Although entitled to make such requests, the Applicant is not requesting any fee waivers beyond those normally allowed for historic properties (i.e., a residential parking waiver without a fee in-lieu). d. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. The Applicant does not have the financial wherewithal to immediately develop the new residence at the rear of the Chalet Lot and seeks a comfortable time cushion to be able to realize this plan. The Applicant will also need to sell the Vacant Lot and needs adequate time to get this done before the remaining vested rights period is too short or hurried. In short, the Applicant does not want to be hurried to act upon the approval while the historic designation granted in exchange is guaranteed in perpetuity. The Applicant is not requesting an equal exchange in the form of perpetual vested rights, although one might argue that such would be warranted. Instead, the Applicant is requesting just ten years of vested rights to act upon the approvals but with the public- benefitting caveats that: (1) The historic preservation needs of the City will be immediately and perpetually satisfied; (2) The affordable housing mitigation required will remain subject to whatever is current at the time of building permit application (i.e., not vesting against changes to affordable housing mitigation requirements); (3) The vested rights will not protect against newly adopted or amended rules of general applicability (i.e., fire, energy, electrical codes, etc.); and (4) Any duly adopted short-term rental restrictions will apply to the resulting properties. These recognized and understood caveats ensure that important City needs will continue to be served. 120 121 122 123 124 Exhibit A Legal Description of subject property (un-subdivided) PARCEL 1 LOTS A. B. C, D, E. F, G. H AND (,.BLOCK 3, CITY AND TOWNSITE OF ASPEN, PARCEL 2 THAT CERTAIN PARCEL OF LAND, TOGETHER WITH ALL RIGHTS, PRIVILEGES AND EASEMENTS CONTAINED IN THE DEED HEREINAFTER DESCRIBED, CONVEYED TO H.R. VANDEMOER BY VIRGINIA S. CHAMBERLAIN BY DEED DATED APRIL 20.1.959, DULY RECORDED JUNE 2,1959 AS RECEPTION NO. 100073 IN BOOK 187 AT PAGE—= OF THE RECORDS IN THE OFFICE OF THE CLERK OF THE RECORDED OF PITKIN COUNTY, COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS (FROM RECEPTION NO, 34 j : THAT CERTAIN PARCEL OF LAND IN SECTION 12, TOWNSHIP 10. SOUTH, RANGE 85 WEST, 6TH P.M., DESCRIBED IN DOCUMENT NO.96608 IN BOOK 170 AT PAGE = OF THE RECORDS FOR PITKIN COUNTY LYING NORTHERLY OF THE CENTERLINE OF THE ALLEY IN BLOCK 3 OF THE CITY AND TOWNSITE OF ASPEN PROJECTED WESTERLY TO ITS INTERSECTION WITH THE WESTERLY LINE OF SAID TRACT OF LAND DESCRIBED IN.SAID DOCUMENT NO. gem OF THAT PARCEL OF LAND CONVEYED BY MICHAEL MAROLT TO H.R. VANDEMOER AND ARTHUR PFISTER BY QUIT CLAIM DEED DATED JULY 1a,1%9. INCLUDING ALL RIGHTS AND PRIVILEGES TO USE THE ROADWAY AS NOW CONSTRUCTED AND IN USE FROM SMUGGLER STREET ACROSS SAID ABOVE DESCRIBED PROPERTY TO THAT PORTION OF LAND DESCRIBED IN SAID DOCUMENT NO. WO LYING SOUTHERLY OF THE CENTERLINE OF THE ALLEY IN SAID BLOCK 3 PROJECTED WESTERLY, IT BEING THE INTENTION OF THE GRANTOR TO RELEASE AND QUIT -CLAIM FOREVER HER INTEREST IN SAID EASEMENT USED FOR INGRESS AND EGRESS TO SMUGGLER STREET. LESS AND EXCEPT ALL OF THAT PROPERTY DESCRIBED IN THAT DOCUMENT RECORDED JUNE 2, 1959 IN BOOK 187 AT PAGE M, AS RECEPTION NO. 108072. COUNTY OF PITKIN. STATE OF COLORADO. Page 5 of 5 125 126 427 Rio Grande Place, Aspen, CO 81611 (970) 920.5090 www.aspen.gov NOTICE OF EXEMPTION AND AUTHORIZATION TO APPLY FOR LAND USE/BUILDING PERMITS DURING THE EFFECTIVE TERM OF ORDINANCE #27, SERIES OF 2021 Property Address: Parcel ID Number: Property Owner: Representative/email: Scope o f Work (Provide narrative here and a separate pdf which is a succinct and clear set of supporting documents, to be attached to this form as Exhibit A, such as Letters of Completeness, Resolutions, Development Orders, Land Use Case numbers, Building Permit numbers etc. If the representation being made is that the work does not involve dimensional changes prohibited by the moratorium provide existing and proposed calculations, f loor Plans and and elevations to be attached: ___________________________________________________________________ ___________________________________________________________________ Due to the circumstances noted below, the above referenced project as defined by the Scope o f Work is exempt from the application of Ordinance #27, Series of 2021, and is authorized to pursue a land use review and/or building permit review during the effective term o f Ordinance #27, Series of 2021, an ordinance which generally places a moratorium on residential development. This authorization does not guarantee issuance o f a building permit or approval of any land use application. The applicant must submit complete information and pursue all authorized approvals in a timely fashion, adhering to all deadlines for submission, terms of Vested Rights, response times required to maintain an active building permit, and all other Land Use Code and Building Code requirements in effect as of December 8, 2021. Any amendments and or additional approvals not addressed or identified in the application, may be subject to Ordinance #27, Series of 2021. The project described above is permitted to proceed with land use review because (check all that apply): 127 □A land use application for a Development Order or Notice of Approval was submitted to the Community Development Department prior to final passage of the ordinance on December 8, 2021, and was subsequently deemed to be c omplete by the Community Development Department Director. □The land use application is seeking a Development Order or Notice of Approval for a project consisting of 100% Af fordable Housing as that term is defined at §26.104.100 of the Aspen Municipal Code, or as may be deemed necessary for the issuance of C ertificates of Affordable Housing for a 100% Affordable Housing project, or as determined by the Community Development Director . □The land use application involves Voluntar y AspenModern designation processes that meet the requirements of Section 26.415.025.C and 26.415.030. □The land use application or administrative request may be necessary to issue exempt building per mits as described below , and as determined by the Comm unity Development Director . The project described above is perm itted to submit for building permit review bec ause (check all that apply ): □A building permit application was submitted to the Community Development Department prior to final passage of the ordinance on December 8, 2021, and was subsequently deemed to be c omplete by the Chief Building Official. □It is a building permit for a project that will not increase the gross square footage of development, Net leasable area, or Net livable area of any building and does not m eet the definition of demolition. □It is a building permit for a project that will not increase the Height of any building. This includes additions to or replacement of mechanical equipment or energy eff iciency systems pursuant to height exemptions as set f orth at §26.575.020 of the Aspen Municipal Code, or as determined by the Community Development Director. □It is a building permit for commercial and lodge development as stand-alone uses on a parcel or property . □The project has received or is eligible to receive a Development Order or Notice of Approval on the effective date of this ordinance. □It is a building perm it for 100% affordable housing projects as that term is defined at §26.104.100 of the Aspen Municipal Code. □It is a building permit for demolition or repair of non-habitable str uctures. Issued on ___________________, 20___, this certif icate is valid through the effective date of Ordinance #27, Series of 2021, or any Ordinance which supersedes a provision of Ordinance #27, Series of 2021 in a manner which is relevant to the Scope of Work. A copy of this certificate is required when applying for any land use review or building permit. This Notice is not a Development Or der or Administrative Determination that is subject to appeal. ___________________________________ Phillip Supino Com munity Development Director Disclaimer: This exemption is given based on the information provided by the applicant. If changes are made, o r the scope, after a more detailed review, is found to be subject to Ordinance 27, 2021, the exemption may be revoked. Exhibit A: Floor plans and elevations representing scope of work Planning Director, for 128 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62013800 Date: 12/10/2021 Property Address:949 W SMUGGLER ST, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner VANDEMOER FAMILY INC, Delivered via: Delivered by Realtor MITCH Attention: MITCH mitch@hlpaspen.com Delivered via: Electronic Mail VANDEMOER FAMILY, INC Attention: CHRIS VANDEMOER PO BOX 668 STERLING, CO 80751 (970) 580-5801 (Work) Delivered via: Electronic Mail 129 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 949 W SMUGGLER ST, ASPEN, CO 81611 1.Effective Date: 12/03/2021 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: VANDEMOER FAMILY INC., A COLORADO S-CORP 5.The Land referred to in this Commitment is described as follows: LOT 2, ​ VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF RECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​ COUNTY OF PITKIN,​ STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62013800 130 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62013800 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.LAND TITLE WILL REQUIRE EVIDENCE OF THE RETT BEING SATISFIED ON DEED RECORDED DECEMBER 3, 2020 AS RECEPTION NO. 671156. 3.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF VANDEMOER FAMILY INC., A COLORADO S-CORP AS A CORPORATION. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30- 172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4.GOOD AND SUFFICIENT DEED FROM VANDEMOER FAMILY INC., A COLORADO S-CORP TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 131 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED JANUARY 17, 1888 IN BOOK 59 AT PAGE 292, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED AUGUST 08, 1888 IN BOOK 59 AT PAGE 468, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE BY THE ASPEN CITY COUNCIL, NO. 02, SERIES OF 2020 RECORDED AUGUST 14, 2020 AS RECEPTION NO. 666991. 11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VANDEMOER HILL LOT SPLIT RECORDED NOVEMBER 16, 2020 IN BOOK 129 AT PAGE 11. 12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AGREEMENT RECORDED NOVEMBER 16, 2020 AS RECEPTION NO. 670573. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62013800 132 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) 133 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) 134 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 135 Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 136 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 137 138 139 140 141 142 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512212003 on 02/07/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 143 WERNER DANA HERSCHMANN REV TRUST LAS VEGAS, NV 89146 3065 S JONES BLVD LOT 1 VANDEMOER HILL LOT SPLIT LLC ASPEN, CO 81612 PO BOX 1470 FRANCIS STREET TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA 901 W FRANCIS ST GOLDRICH MELINDA REV TRUST ASPEN, CO 81611 825 W NORTH ST CURTON CONDO ASSOC ASPEN, CO 81611 COMMON AREA 939 W FRANCIS ST CURLEE CYNTHIA A FAM TRUST ASPEN, CO 81612 PO BOX 692 COLOSAL CORP ASPEN, CO 81611 715 W MAIN ST #201 817 WEST NORTH STREET LLC CORPUS CHRISTI, TX 78401 518 PEOPLES ST MASS ANN M ASPEN, CO 81611 225 N MILL ST #116 NALADHU LLC ASPEN, CO 81611 901 W FRANCIS ST WALDECK TOM & VIVIAN G ASPEN, CO 81611 915 W NORTH ST CAROLYN PARRY CONDO ASSOC ASPEN, CO 81611 505 S SNEAKY LN AEB REALTY GREENWICH, CT 06830 239 GREENWICH AVE NEWMAN JOEL GOLDEN BEACH, FL 33160 355 OCEAN BLVD CITY OF ASPEN ASPEN, CO 81611 130 S GALENA ST SHARP DESIGNS INC ASPEN, CO 81611 936 W FRANCIS SCHUHMACHER JOHN W TRUST ASPEN, CO 81611 505 N 8TH ST RATNER DENNIS F TRUST VIENNA, VA 22182 1577 SPRING HILL RD # 500 FRANCIS STREET LLC ASPEN, CO 81612 PO BOX 1365 HARRIS JOAN W REV TRUST CHICAGO, IL 60611 209 E LAKE SHORE DR POWELL WILLIAM E TRUST SAN ANTONIO, TX 78218 11 LYNN BATTS LN #100 BRIEN ALICE ASPEN, CO 81612 PO BOX 10521 STARODOJ BETSY H & THOMAS S II ASPEN, CO 81612 PO BOX 2298 DRAMATIC VIEW HOLDINGS LLC DENVER, CO 80201 PO BOX 3053 JAMIE ALEXANDER LLC NEW YORK, NY 10021 720 PARK AVE #4A ASPEN FOREST 8TH STREET LLC LAS VEGAS, NV 89135 113999 SUMMIT CLUB DR BAIRD STEPHEN W & SUSAN MERRITT CHICAGO, IL 60603 120 S LASALLE ST # 2000 CAMP ROBERT C REV TRUST ASPEN, CO 81612 PO BOX 692 WERNER MICHAEL B REV TRUST LAS VEGAS, NV 89146 3065 S JONES BLVD 810 WEST SMUGGLER STREET LLC ASPEN, CO 81611 101 S MILL ST #200 144 SAXON FAMILY DELTA TRUST TULSA, OK 74136 6677 S EVANSTON CIR SAXON BRUCE CHARLES TULSA, OK 74136 6677 S EVANSTON CIR FOREST LOOKOUT II LLC ASPEN, CO 81611 605 W MAIN ST #2 SCHWAB LOUISE H NON-EXEMPT MARITAL TRUST LOS ANGELES, CA 90024 10940 WILSHIRE BLVD #2250 NEWMAN JOEL GOLDEN BEACH, FL 33160 355 OCEAN BLVD TREEHOUSE CONDO ASSOC ASEPN, CO 81611 COMMON AREA 822 W SMUGGLER ST BEN-HAMOO PATRICE CONYERS ASPEN, CO 81612 PO BOX 2902 KEILIN KIM MILLER TRUST ASPEN, CO 81612 PO BOX 10064 SCHWAB ROBERT H SURVIVORS TRUST LOS ANGELES, CA 90024 10940 WILSHIRE BLVD #2250 NEWMAN FAMILY TRUST GOLDEN BEACH, FL 33160 355 OCEAN BLVD POWELL WILLIAM E TRUST SAN ANTONIO, TX 78218 11 LYNN BATTS LN #100 FOREST SERVICE ASPEN HEADQUARTERS ASPEN, CO 81611 806 HALLAM ST RUBEY ROBERT DENVER, CO 80209 3465 BELCARO DR TALENFELD ELIZABETH G ASPEN, CO 81611 915 W FRANCIS ST HARRIS JOAN W REMAINDER TRUST CHICAGO, IL 60611 209 E LAKE SHORE DR 5 STRING LLC GATLINBURG, TN 37738 PO BOX 1709 SCHUHMACHER MARIANNE H TRUST ASPEN, CO 81611 505 N 8TH ST SOPRIS INVESTMENT HOLDINGS CORP ASPEN, CO 81611 715 W MAIN ST #201 MCTAMANEY ROBERT A III TRUST ASPEN, CO 816113104 908 W FRANCIS ST 145 146 Page 1 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Planning Director MEETING DATE: May 11, 2022 RE: 949 W. Smuggler– AspenModern Historic Designation and Benefits, Conceptual and Final Major Development, Relocation, Demolition, TDR, Subdivision, Growth Management- PUBLIC HEARING CONTINUED FROM APRIL 27TH SITE VISIT APPLICANT /OWNER: Vandemoer Family, Inc., Chris Vandemoer REPRESENTATIVE: Haas Land Planning 1 Friday Design LOCATION: Street Address: 949 W. Smuggler Street Legal Description: Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2735-122-12-003 CURRENT ZONING & USE: Single-family home, R-6: Medium Density Residential PROPOSED ZONING & LAND USE: Subdivision; Parcel A Two detached homes, Parcel B Single-family home R-6: Medium Density Residential SUMMARY: The applicant has offered voluntary AspenModern historic designation of a 1946 Chalet style home, and requests Major Development, Relocation, Demolition, Variations, TDR, Subdivision, Growth Management and other preservation benefits be approved for a project which involves preserving the resource in place and the development of two new adjacent homes in the future. STAFF RECOMMENDATION: Staff recommends HPC grant Major Development, Relocation, Demolition and Variations as requested and recommends Council uphold Notice of Call Up required by those processes, and grant approval of Designation and benefits, Transferable Development Rights, Subdivision, and Growth Management. Site Locator Map – 949 W. Smuggler 949 147 Page 2 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com BACKGROUND: 949 W. Smuggler is an 18,000 square foot lot located in the R-6 zone district. The site contains a 1946 Chalet home, which is essentially unaltered, and two related outbuildings, built by the family who has owned the property for 75 years. The site has no landmark protection in place and has long been identified as a priority for preservation through AspenModern. This application was permitted to be submitted during the current residential development moratorium because the Council ordinance specifically exempted voluntary AspenModern designations from being held up. The Historic Preservation Commission (HPC) is providing decisions on the review processes which are fully assigned to the board, and making a recommendation to Council on those processes which must be approved by Ordinance. This application has been designed to request HPC Conceptual and Final review at one stage. Following HPC, the review will proceed to Council with no further HPC discussion other than project monitoring. Submittal of an AspenModern application triggers a 90 day negotiation period, during which the applicant and City attempt to find agreement and passage of a designation ordinance within three months. The negotiation may be extended, but expedited review is intended. For HPC’s information, the final reading of the Council ordinance has been delayed to July 11th due to full Council agendas. The applicant has agreed to that timeframe. STAFF COMMENTS: Following is a summary of staff findings. Please see Exhibits A through J for more detail. Staff supports the voluntary designation of this property as one of the best and most intact examples of a Chalet in Aspen. This is likely among the first buildings constructed here after World War II and is therefore particularly illustrative of the early spirit of the ski resort. Staff finds the benefits requested for designation to be reasonable in consideration of the community gain from preservation of this important piece of Aspen history. Staff finds the project approach to model the ideal preservation outcome. The Chalet is preserved with no addition, and new construction is detached and located at the rear and side of it. Staff has no concerns with the alley house design. In order to ensure that the future development of the corner lot supports preservation and public visibility of the Chalet, a site visit was held on April 27th and the primary focus of this meeting should be setting parameters for a successful outcome on that lot. Staff’s recommended conditions of approval are below and provided in the attached draft resolution. REFERRAL COMMENTS: The application was referred out to other City departments to preliminarily identify requirements that may affect permit review. Comments from Engineering and Zoning are attached. Parks has supported the proposal as defined so far. Housing is supportive of a request for deferral of 148 Page 3 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com affordable housing mitigation if a specific circumstance discussed in the Growth Management exhibit would occur. The applicant is working to follow-up on the comments and no significant impacts to the proposal are expected. RECOMMENDATION: Staff recommends the Historic Preservation Commission grant Major Development (Conceptual and Final), Relocation of the chicken coop, Demolition of the garage, and Variations as requested and that the board recommend Council uphold Notice of Call Up and grant approval of Designation and benefits, Transferable Development Rights, Subdivision, and Growth Management with the following conditions: 1. Designation will affect the entire property; Parcels A and B. 2. A full waiver of compliance with the Residential Design Standards is recommended for the new home on the Chalet lot as a negotiated benefit. This house is not designed to relate to Smuggler Street and staff finds that it’s character as an alley/back-drop structure is appropriate. 3. Staff recommends the applicant comply with slope reduction on the Chalet lot rather than asking for a preservation benefit on this topic. 4. HPC finds that the fence near the entry to the Chalet home is original and historically significant and should remain in place, and should be granted a permanent encroachment license to sit in the public right-of-way. 5. The applicant is asked to continue their excellent regular maintenance of the Chalet and to take note of the impacts of the adjacent tree roots and branches continually moving towards the historic structure. 6. For relocation of the chicken coop, a letter from an engineer or housemover demonstrating the structure is capable of withstanding the relocation, a plan for the safe relocation of the building, and a financial assurance in the amount of $15,000 will be required prior to building permit submission. 7. Setback variations are approved on the Chalet lot for the “chicken-coop” and the proposed new home along the alley. The chicken-coop is permitted a 5 foot east setback where it should have 10 feet. The new house along the alley is permitted a 5 foot rear setback rather than the 10 feet required for proposed below grade space, a second floor deck, and a lightwell. 8. A combined sideyard of 15 feet is permitted on the corner lot where 25 feet is required. A 30’ front yard setback is required, only above grade. These requirements may be adjusted by an affirmative vote of HPC at the time that redevelopment is proposed. 9. HPC recommends one TDR be approved for the corner lot and that the applicant thereafter forgo 30 square feet of otherwise allowable floor area and restrict the lot to the development of a single- family home of 3,240 square feet. A duplex or other residential structure is only permitted if this condition is amended by City Council. 10. Staff recommends the applicant drop the request for deferral of affordable housing mitigation as a preservation benefit. 149 Page 4 of 4 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com 11. Staff recommends the negotiation of affordable housing mitigation requirements be left to Council to resolve in their negotiation with the applicant. 12. It is acknowledged that as part of the applicant’s proposed negotiation with the City, they have offered the City an exclusive 30 day timeframe after adoption of the Council ordinance to attempt to secure a public purchase of the corner lot from the applicant. ATTACHMENTS: Resolution #__, Series of 2022 Exhibit A – Historic Designation and Benefits Criteria/Staff Findings Exhibit B – Historic Preservation Design Guidelines Criteria /Staff Findings Exhibit C – Relocation Criteria/Staff Findings Exhibit D – Demolition Criteria/Staff Findings Exhibit E – Setback Variation Criteria/Staff Findings Exhibit F – Parking Variation Criteria/Staff Findings Exhibit G –TDR Criteria/Staff Findings Exhibit H – Subdivision Criteria/Staff Findings Exhibit I – Growth Management Criteria/Staff Findings Exhibit J – Referral Comments Exhibit K – Application 150 Page 1 of 8 Exhibit B Historic Preservation Design Guidelines Criteria Staff Findings 26.415.070.D Major Development. No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. This applicant has requested that Conceptual and Final design review be combined. No alterations are planned for the Chalet and no significant landscape changes are envisioned at this time. The only new construction that has been prepared for review is the new home proposed to the south of the Chalet, along the alley. Following are the relevant design guidelines. 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. 1.5 Maintain the historic hierarchy of spaces. • Reflect the established progression of public to private spaces from the public sidewalk to a semi-public walkway, to a semi private entry feature, to private spaces. 1.6 Provide a simple walkway running perpendicular from the street to the front entry on residential projects. • Meandering walkways are not allowed, except where it is needed to avoid a tree or is typical of the period of significance. • Use paving materials that are similar to those used historically for the building style and install them in the manner that they would have been used historically. For example on an Aspen Victorian landmark set flagstone pavers in sand, rather than in concrete. Light grey concrete, brick or red sandstone are appropriate private walkway materials for most landmarks. • The width of a new entry sidewalk should generally be three feet or less for residential properties. A wider sidewalk may be appropriate for an AspenModern property. 1.7 Provide positive open space within a project site. • Ensure that open space on site is meaningful and consolidated into a few large spaces rather than many small unusable areas. • Open space should be designed to support and complement the historic building. 151 Page 2 of 8 1.8 Consider stormwater quality needs early in the design process. • When included in the initial planning for a project, stormwater quality facilities can be better integrated into the proposal. All landscape plans presented for HPC review must include at least a preliminary representation of the stormwater design. A more detailed design must be reviewed and approved by Planning and Engineering prior to building permit submittal. • Site designs and stormwater management should provide positive drainage away from the historic landmark, preserve the use of natural drainage and treatment systems of the site, reduce the generation of additional stormwater runoff, and increase infiltration into the ground. Stormwater facilities and conveyances located in front of a landmark should have minimal visual impact when viewed from the public right of way. • Refer to City Engineering for additional guidance and requirements. 1.9 Landscape development on AspenModern landmarks shall be addressed on a case by case basis. 1.11 Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. • Retaining historic planting beds and landscape features is encouraged. • Protect historically significant vegetation during construction to avoid damage. Removal of damaged, aged, or diseased trees must be approved by the Parks Department. • If a significant tree must be removed, replace it with the same or similar species in coordination with the Parks Department. • The removal of non-historic planting schemes is encouraged. • Consider restoring the original landscape if information is available, including original plant materials. 1.12 Provide an appropriate context for historic structures. See diagram. • Simplicity and restraint are required. Do not overplant a site, or install a landscape which is overtextured or overly complex in relationship to the historic resource, particularly in Zone A. In Zone A, new planting shall be species that were used historically or species of similar attributes. • In areas immediately adjacent to the landmark, Zone A and Zone B, plants up 42” in height, sod, and low shrubs are often appropriate. • Contemporary planting, walls and other features are not appropriate in Zone A. A more contemporary landscape may surround new development or be located in the rear of the property, in Zone C. • Do not cover areas which were historically unpaved with hard surfaces, except for a limited patio where appropriate. • Where residential structures are being adapted to commercial use, proposals to alter the landscape will be considered on a case-by-case basis. The residential nature of the building must be honored. • In the case of a historic landmark lot split, careful consideration should be given so as not to over plant either property, or remove all evidence of the landscape characteristics from before the property was divided. • Contemporary landscapes that highlight an AspenModern architectural style are encouraged. 152 Page 3 of 8 1.13 Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. • Low plantings and ground covers are preferred. • Do not place trees, shrubs, or hedgerows in locations that will obscure, damage, or block significant architectural features or views to the building. Hedgerows are not allowed as fences. • Consider mature canopy size when planting new trees adjacent to historic resources. Planting trees too close to a landmark may result in building deteriorate or blocked views and is inappropriate. • Climbing vines can damage historic structures and are not allowed. 1.14 Minimize the visual impacts of landscape lighting. • Landscape and pathway lighting is not permitted in Zone A (refer to diagram) on Aspen Victorian properties unless an exception is approved by HPC based on safety considerations. • Landscape, driveway, and pathway lighting on AspenModern properties is addressed on a case-by-case basis. • Landscape light fixtures should be carefully selected so that they are compatible with the building, yet recognizable as a product of their own time. • Driveway lighting is not permitted on Aspen Victorian properties. • Landscape uplighting is not allowed. 153 Page 4 of 8 1.15 Preserve original fences. • Fences which are considered part of the historic significance of a site should not be moved, removed, or inappropriately altered. • Replace only those portions of a historic fence that are deteriorated beyond repair. • Replacement elements must match the existing. 1.24 Preserve historically significant landscapes with few or no alterations. • An analysis of the historic landscape and an assessment of the current condition of the landscape should be done before the beginning of any project. • The key features of the historic landscape and its overall design intent must be preserved. 1.25 New development on these sites should respect the historic design of the landscape and its built features. • Do not add features that damage the integrity of the historic landscape. • Maintain the existing pattern of setbacks and siting of structures. • Maintain the historic relationship of the built landscape to natural features on the site. • All additions to these landscapes must be clearly identifiable as recent work. • New artwork must be subordinate to the designed landscape in terms of placement, height, material, and overall appearance. Place new art away from significant landscape features. • Avoid installing utility trenches in cultural landscapes if possible. 1.27 Preserve and maintain significant landscaping on site. • Protect established vegetation during any construction. • If any tree or shrub needs to be removed, replace it with the same or similar species. • New planting should be of a species used historically or a similar species. • Maintain and preserve any gardens and/or ornamental planting on the site. • Maintain and preserve any historic landscape elements. 8.1 If an existing secondary structure is historically significant, then it must be preserved. • When treating a historic secondary building, respect its character-defining features. These include its materials, roof form, windows, doors, and architectural details. • If a secondary structure is not historically significant, then its preservation is optional. The determination of significance is based on documentation of the construction date of the outbuilding and/or physical inspection. A secondary structure that is related to the period of significance of the primary structure will likely require preservation. 8.2 Preserve a historic secondary building as a detached structure. • Any proposal to attach a secondary structure is reviewed on a case-by-case basis. • The position and orientation of the structure • should be maintained except when HPC finds that an alternative is the best preservation option. • Some AspenModern properties incorporated garages and carports into the architecture. This pattern should be maintained. 154 Page 5 of 8 9.2 Proposals to relocate a building will be considered on a case-by-case basis. • In general, on-site relocation has less of an impact on individual landmark structures than those in a historic district. • In a district, where numerous adjacent historic structures may exist, the way that buildings were placed on the site historically, and the open yards visible from the street are characteristics that should be respected in new development. • Provide a figure ground study of the surrounding parcels to demonstrate the effects of a building relocation. • In some cases, the historic significance of the structure, the context of the site, the construction technique, and the architectural style may make on-site relocation too impactful to be appropriate. It must be demonstrated that on-site relocation is the best preservation alternative in order for approval to be granted. • If relocation would result in the need to reconstruct a substantial area of the original exterior surface of the building above grade, it is not an appropriate preservation option. 9.3 Site a relocated structure in a position similar to its historic orientation. • It must face the same direction and have a relatively similar setback. In general, a forward movement, rather than a lateral movement is preferred. HPC will consider setback variations where appropriate. • A primary structure may not be moved to the rear of the parcel to accommodate a new building in front of it. • Be aware of potential restrictions against locating buildings too close to mature trees. Consult with the City Forester early in the design process. Do not relocate a building so that it becomes obscured by trees. 9.4 Position a relocated structure at its historic elevation above grade. • Raising the finished floor of the building slightly above its original elevation is acceptable if needed to address drainage issues. A substantial change in position relative to grade is inappropriate. • Avoid making design decisions that require code related alterations which could have been avoided. In particular, consider how the relationship to grade could result in non-historic guardrails, etc. 9.5 A new foundation shall appear similar in design and materials to the historic foundation. • On modest structures, a simple foundation is appropriate. Constructing a stone foundation on a miner’s cottage where there is no evidence that one existed historically is out of character and is not allowed. • Exposed concrete or painted metal flashing are generally appropriate. • Where a stone or brick foundation existed historically, it must be replicated, ideally using stone salvaged from the original foundation as a veneer. The replacement must be similar in the cut of the stone and design of the mortar joints. • New AspenModern foundations shall be handled on a case by case basis to ensure preservation of the design intent. 155 Page 6 of 8 9.7 All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings, or can document adequate experience in successfully relocating such buildings. • The specific methodology to be used in relocating the structure must be approved by the HPC. • During the relocation process, panels must be mounted on the exterior of the building to protect existing openings and historic glass. Special care shall be taken to keep from damaging door and window frames and sashes in the process of covering the openings. Significant architectural details may need to be removed and securely stored until restoration. • The structure is expected to be stored on its original site during the construction process. Proposals for temporary storage on a different parcel will be considered on a case by case basis and may require special conditions of approval. • A historic resource may not be relocated outside of the City of Aspen. 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case-by-case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. • The front porch shall be functional, and used as the means of access to the front door. • A new porch must be similar in size and shape to those seen traditionally. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. • Reflect the heights and proportions that characterize the historic resource. 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. 156 Page 7 of 8 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Staff Finding: The basic concept of this project, preserving the Chalet with no addition or alterations, and placing all new construction in detached units is ideal in terms of the preservation guidelines. Staff finds the new structure to be appropriate. The building area is limited in footprint and well distanced from the historic resource. The flat roof is sympathetic by keeping the height of the structure as low as possible. The materiality, fenestration and detailing of the new unit make gentle references to the Chalet, but are clearly distinct and provide a simple backdrop to that highly decorative home. Staff does not propose any areas for restudy. At the previous meeting, staff expressed some concerns with the design of parking in the public right of way in the foreground of the Chalet, and the possibility of constructing a sidewalk in front of the historic house. The sidewalk is not required by Engineering after all. The board indicated that the parking area is not impactful enough to the historic resource to require their further input. At that meeting the applicant expressed concerns about the applicability of floor area reductions for an embankment on the west side of the Chalet lot. Applying this standard deduction has a minimal (approximately 40 square foot) impact on the Chalet lot. Staff recommends the applicant comply rather than asking for a preservation benefit on this topic. The new home is subject to compliance with the Residential Design Standards, but it does not comply in several ways. It is simply not designed to be a building strongly related to the street. It does not break down its massing in the ways the standards require because the project has already separated the allowed development into two halves, smaller than most structures in the 157 Page 8 of 8 neighborhood. It is approached from the alley, to leave the setting of the Chalet intact. Below are some of the standards that are not met. Staff recommends a full waiver of RDS be accepted for the new unit as part of the AspenModern negotiation. Articulation of Building Mass Build to lines One story element Entry connection 158 Page 1 of 2 Exhibit C Relocation Criteria Staff Findings 26.415.090.C. Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. 159 Page 2 of 2 Staff Finding: There are two structures on this property that exemplify Chalet style architecture: the main house and an outbuilding identified as the “chicken coop.” Currently located south of the main home, the applicant proposes to move the contributing outbuilding towards the northeast. No change in location is proposed for the main home. The proposed location for the outbuilding maintains the contextual relationship between the two structures while providing adequate room for the new home proposed along the alley. Staff finds the proposed relocation does not diminish the historic integrity of the resource and supports the relocation of the outbuilding. A letter from an engineer or housemover demonstrating the structure is capable of withstanding the relocation, a plan for the safe relocation of the building, and a financial assurance in the amount of $15,000 will be required prior to building permit submission. Staff finds the relocation criteria are met. 26.415.090.C - Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following:MET NOT MET DOES NOT APPLY 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or N/A 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or N/A 3. The owner has obtained a certificate of economic hardship; or N/A 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met:MET NOT MET DOES NOT APPLY 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation;CONDITION 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. CONDITION MET MET Review Criteria for 949 W. Smuggler Summary of Review Criteria for Relocation Request 160 Page 1 of 2 Exhibit D Demolition Criteria Staff Findings Section 26.415.080 – Demolition of Designated Historic Properties: It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently, no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. 4) The HPC shall review the application, the staff report and hear evidence presented by the property owners, parties of interest and members of the general public to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: a) The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner; b) The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; c) The structure cannot practically be moved to another appropriate location in Aspen; or d) No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance; and Additionally, for approval to demolish, all of the following criteria must be met: a) The structure does not contribute to the significance of the parcel or Historic District in which it is located: b) The loss of the building, structure or object would not adversely affect the integrity of the Historic District or its historic, architectural or aesthetic relationship to adjacent designated properties; and c) Demolition of the structure will be inconsequential to the historic preservation needs of the area. 161 Page 2 of 2 Staff Findings: A total of three structures are located on this lot. The applicant proposes to preserve the main house and the small outbuilding, known as the chicken coop, but demolish the one-story shed structure on the southeast corner of the property. This one-story shed structure has a simple gable roof form with minimal architectural detailing. Staff finds that the structure makes a limited contribution to the historic significance of the development on the site. The applicant does not offer its preservation, even in a different position on the site. The demolition of this structure is deemed inconsequential to the preservation needs of the area. Staff finds the criteria are met to demolish the shed structure as proposed. 26.415.080 - Demolition. It is the intent of this Chapter to preserve the historic and architectural resources that have demonstrated significance to the community. Consequently, no demolition of properties designated on the Aspen Inventory of Historic Landmark Site and Structures or properties within a Historic District will be allowed unless approved by the HPC in accordance with the standards set forth in this Section. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria: MET NOT MET DOES NOT APPLY a. The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner;N/A b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure;.N/A c. The structure cannot practically be moved to another appropriate location in Aspen; or N/A d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance; and Additionally, for approval to demolish, all of the following criteria must be met:MET NOT MET DOES NOT APPLY a. The structure does not contribute to the significance of the parcel or Historic District in which it is located: b. The loss of the building, structure or object would not adversely affect the integrity of the Historic District or its historic, architectural or aesthetic relationship to adjacent designated properties; and c. Demolition of the structure will be inconsequential to the historic preservation needs of the area.MET MET MET Review Criteria for 949 W. Smuggler The applicant proposes to demolish a non-contributing detached shed structure. Summary of Review Criteria for Demolition Request MET 162 Page 1 of 2 Exhibit E Setback Variations Criteria Staff Findings 26.415.110.C: Variations: Dimensional variations are allowed for projects involving designated properties to create development that is more consistent with the character of the historic property or district than what would be required by the underlying zoning's dimensional standards. 1. The HPC may grant variances of the Land Use Code for designated properties to allow: a) Development in the side, rear and front setbacks; b) Development that does not meet the minimum distance requirements between buildings; c) Up to five percent (5%) additional site coverage; d) Less public amenity than required for the on-site relocation of commercial historic properties. 2. In granting a variance, the HPC must make a finding that such a variance: a) Is similar to the pattern, features and character of the historic property or district; and/or b) Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Finding: The application accommodates the Chalet in its original location and protects the significant trees in front of it. No variations are needed to accomplish this, however it affects where other development can occur on the site, and influences the need for setback variations. Setback variations are requested on the Chalet lot for the “chicken-coop” and the proposed new home along the alley. The chicken-coop has a 5 foot east setback where it should have 10. The 163 Page 2 of 2 new house along the alley provides a 5 foot rear setback rather than the 10’ required for some of the proposed below grade space, a second floor deck, and a lightwell. Staff supports this request. On the corner lot, the applicant’s proposal is for a reduction in the combined side yard setback and a larger than standard front yard setback to protect some of the view of the historic house from 8th Street. A combined sideyard of 15 feet is proposed where 25 feet is required. Staff finds that in general, these setback reductions are in character with the neighborhood and are for the express purpose of distancing the new structures from the resource. HPC conducted a site visit on April 27th to view the conditions. At the May 11th meeting, the board should discuss their observations as a group. The applicant has indicated a willingness to designate the corner lot historic and allow HPC design review. The board could rely on that process to properly place development on the corner lot, or could accept the applicant’s setback proposals and allow these boundaries to be modified if appropriate during future review. If a 30’ front setback were provided at least above grade, based on the site visit the view of the Chalet directly from 8th street would be approximately as shown at right. Staff recommends HPC take action to ensure a significant amount of this view is protected. As a further consideration, during Council discussion, the possibility of requesting the City be granted a “right of first refusal” to purchase the corner lot at market rate for affordable housing will be raised. HPC should indicate whether that idea affects setback considerations. Staff recommends HPC discussion guide an appropriate finding on the criteria for setback variations on the corner lot. 164 Page 1 of 1 Exhibit F Parking Variations Criteria Staff Findings 26.415.110. D. Parking. On-site parking reductions are permitted for designated historic properties unable to contain the number of parking spaces required by the underlying zoning due to the existence of a historic resource. In these circumstances, alternative mitigation in the form of cash-in-lieu, pursuant to Chapter 26.515, may be accepted by HPC for commercial development. HPC may waive cash-in-lieu for residential development. In addition to the review criteria listed in Chapter 26.515, the parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. Staff finding: There is currently no on-site parking for this property. The owner has parked in the City right-of-way along Smuggler Street. As an AspenModern benefit, they would like to continue to utilize that area, although the Engineering Department has indicated that the parking configuration will have to be parallel rather than head-in for safety. The Chalet does not require any parking to be provided. The new home along the alley requires two spaces. The applicant plans to create two garaged spots along the alley and assign one to each home. Because they are meeting the requirement for two spots on site, and the City does not monitor how the on-site parking spaces are used, their representation is noted, but a parking variation is not technically required. Staff finds that no parking variation is needed. 165 Engineering1 - 949 W Smuggler - LPA-22-029 Page: 29 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg HPC should make a determination on the historical importance of the fence. Following Engineering Standards at the time of development the existing fence must be relocated within the property line and out or the City ROW. APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf (14) Page: 29 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg To divide the lot into parcels the existing water service line needs to be rerouted. Or an easement provided. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg As part of this development and plat a new easement needs to be put in place for the proposed transformer. Dimensions of the easement shall be 3' beyond the vault. Call out three phase or single phase. Pedestals cannot be placed within the 3' clearance distances. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg The existing water service line would need to be abandoned and removed or an easement put in place prior to dividing the lot into Parcel A and B. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Applicant will need to coordinate with City electric to understand the full extents of the addition of the proposed transformer to the system. For HPC review and determining mass and scale showing an appropriate easement is sufficient. x x x x xx x x x S74° 14' 02"E 180.00' 25.5"x40' 8"x16' FLAGSTONE WALK GRAVEL (HATCHED) 7898 7897 75.00' WEST SMUGGLER R.O.W. 20.65' BUILDING TIE EL:7897.65EL:7897.94 25.2"x32' HPC should make a determination on the historical importance of the fence. Following Engineering Standards at the time of development the existing fence must be relocated within the property line and out or the City ROW. XWL XWL XWL XWL XWL XWL x x x x x 2 - VANDEMOER HILL LOT SPLIT 18,000 SQ. FT. +/- 0.4132 ACRES +/- To divide the lot into parcels the existing water service line needs to be rerouted. Or an easement provided.XXXXSS SS SS SS SSGGGGG E G AR.G AR.4 EEEEEEEEEE TCTCTCTCTCTCTCTC CT E NEW ELECTRIC TRANSFORMER & PEDESTALS REROUTE GAS AR.H AR.3 SLSLSLXXXSS SS SS 7899As part of this development and plat a new easement needs to be put in place for the proposed transformer. Dimensions of the easement shall be 3' beyond the vault. Call out three phase or single phase. Pedestals cannot be placed within the 3' clearance distances. W W W W W W W W W W7898PROPOSED PROPERTY LINEEX. WATER SERVICE BUILDING SETBACKThe existing water service line would need to be abandoned and removed or an easement put in place prior to dividing the lot into Parcel A and B.XXSS SS SS GAR.G EEEEETCTCTCCT E NEW ELECTRIC TRANSFORMER & PEDESTALS RERO AR.H XXXXSS SS SS SS 7899Applicant will need to coordinate with City electric to understand the full extents of the addition of the proposed transformer to the system. For HPC review and determining mass and scale showing an appropriate easement is sufficient. 166 Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg A sidewalk with a 5' landscape buffer is required in this location. If the lot is divided into parcel A and B the sidewalk adjacent to each property will be required at time of development. Please show a sidewalk for HPC review. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg The parking/pull out area must meet COA Engineering standards for width. See street cross section in appendix C of the Design Standards. Head in parking is not permitted. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Show that the 5' easement on Parcel B provides adequate space to accommodate a water service line. The easement width may beed to be expanded. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg A drainage conveyance swale will be required within the ROW at building permit to show how drainage is handled offsite adjacent to the property. Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Could the Chalet and Alley residence be subdivided in the future? If so each structure is required to have their own water service line. Show service lines and appropriate easements. X X XXX X X X X7897 PROPERTY LINE TOFF/METER ANOUT A sidewalk with a 5' landscape buffer is required in this location. If the lot is divided into parcel A and B the sidewalk adjacent to each property will be required at time of development. Please show a sidewalk for HPC review. X X X XX X X X X X X X X X789678977898 W. Smuggler Street The parking/pull out area must meet COA Engineering standards for width. See street cross section in appendix C of the Design Standards. Head in parking is not permitted. XXXXXWS WS WS WS WS WS WS WS WS WS Show that the 5' easement on Parcel B provides adequate space to accommodate a water service line. The easement width may beed to be expanded. X X X X X X X X X X X78967897 muggler Street A drainage conveyance swale will be required within the ROW at building permit to show how drainage is handled offsite adjacent to the property.BUILDING SETBACKPROPERTY LINE BUILDING SETBACK 4''Ø4''Ø4''ØPIPE THE EX. ROOF DRAINS, TYP. Ex. Chalet Could the Chalet and Alley residence be subdivided in the future? If so each structure is required to have their own water service line. Show service lines and appropriate easements. 167 Page: 31 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg This is a long run for a water service line. There is a water main in Smuggler St. What is the motivation for tapping a new line off 8th St? The water service locations should be ironed out prior to any new plat recordation in case additional easements are required. Page: 61 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Page: 62 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Page: 62 File Name: APPLICATION PACKAGE (FINAL)-AspenModern949 W Smuggler.pdf Author: haileyg Parking spaces along Smuggler St will be signed residential 2 hour parking G G G G G G G G T T T T T T T T XXXXXXXXWS WS WS WS WS WS WS WS WS WS WS WS WS WS W SS SS SS SS SS SS SS SS 78 9 9 NE BACK NEW WATER SERVICE IN EASEMENT APPROX. LOCATION OF EX. SEWER MAIN avel Alley This is a long run for a water service line. There is a water main in Smuggler St. What is the motivation for tapping a new line off 8th St? The water service locations should be ironed out prior to any new plat recordation in case additional easements are required. Page 4-10 Per Code Section 26.415.110(d), on-site parking reductions are permitted for designated historic properties unable to contain the number of parking spaces required by the underlying zoning due to the existence of a historic resource. When the parking waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property, the HPC may also waive any otherwise required cash-in-lieu of on-site parking for residential development. Since the Chalet Lot will contain two detached single-family residences, the Code would require four on-site parking spaces, or two per dwelling. The Applicant is requesting a parking waiver of two spaces to allow one on-site parking space per dwelling. The proposed plans include two one-car garages within the new detached structure. One of these spaces is to be dedicated to the chalet structure and the other is for the new residence. The two garages are separated by an interior wall and only one of the two spaces is accessible from within the attached residence. In addition, the Applicant seeks approval to maintain the existing fence and parking pull-out area within the West Smuggler Street right-of-way, as these have existed since the 1940s. Relocating the circa 1940s fence to match the West Smuggler Street property line is not feasible or desirable as it would necessitate impacts to the historically significant trees. This pull-out area within the West Smuggler Street right-of-way provides an additional 3-4 off-street parking spaces. Placing two additional parking spaces on-site would require the removal of additional trees and greater impact on/crowding of the historic resources. A waiver of the requirement for two additional on-site spaces allows the two historic assets to stand- alone, without additions or alterations, surrounded by the massive trees that have always added to the character of the property and an appropriate, ample amount of open ground. As such, the waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property; therefore, the fee in- lieu should be waived as well. Transferable Development Rights (TDR). Section 26.415.110(k) provides that owners of properties listed on the Inventory may sever and convey, as a separate development right, undeveloped floor area to be developed on a different property within the City. The proposed Vacant Lot, being 8,000 square feet in the R-6 zone district, would normally allow 3,520 square feet of Floor Area for a single-family residence. However, in another proactive effort to ensure sensitivity f-way provides an additional 3-4 off-street site would require the removal of additional of the historic resources. A waiver of the aces allows the two historic assets to stand- ounded by the massive trees that have always Parking spaces along Smuggler St will be signed residential 2 hour parking 168 169 XGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXGASXETC XETC XETC XETC XETC XETCXGASXGASXGASXGASXGASXGASXGASXGASXGAS XWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWLXWL XWL XWL XWLXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUTXUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGASXUTXELXETCGXETCGXETCGXETCGxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxFOUND NO. 5 REBAR &1.25" PLASTIC CAPSTAMPED "LS 28643"FLUSH WITH GRADEWATER SERVICE LINEWATER MAINS74° 14' 02"E 180.00'N15° 45' 58"E 100.00'N74° 14' 02"W 180.00'FOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPROJECT BENCHMARK ELEVATION = 7897.8'FOUND NO. 5 REBAR &1.25" PLASTIC CAP ILLEGIBLE0.2' BELOW GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADE4.3"x7'4.4"x7'5.9"x8'4.7"x7'4.3"x7'4.1"x7'4.1"x7'4.5"x7'25.5"x40'8"x16'7.7"x14'2-4.1"x10'3-4.4"x10'11.0"x13'18.6"x30'16.7"x30'21.5"x30'23.6"x20'15.8"x22'9"x13'14.9"x22'7.4"x12'12.6"x18'11.1"x16'12.6"x16'11.2"x13'N15° 45' 58"E (BASIS OF SITE BEARING) 100.00'TWO STORY HOUSEWOOD FRAME HOUSESPLIT RAIL FENCE (TYPICAL)WOOD SHED20.3'12.5' 12.5'20.3'11.3'11.3'11.3'11.3'WOODSTRUCTURE43.3'26.3'43.3'26.3'CONCRETEPADFLAGSTONE WALKWOOD DECKUPPER LEVEL WOOD DECKGRAVEL(HATCHED)ASPHALTSURFACE789878997895 7899 78987895 789878977 8 9 6 78967897789878997900790179007899 7900LOT 2 - VANDEMOER HILL LOTSPLIT18,000 SQ. FT. +/-0.4132 ACRES +/-LOT 1 - VANDEMOER HILL LOTSPLIT949 WEST SMUGGLER ST LLCPITKIN COUNTY PARCEL ID. NO.273512212002GRAVEL(HATCHED)19.44' ALLEY R.O.W.5.00' PUBLIC UTILITY EASEMENTREC. NO. 67057275.00' WESTSMUGGLER R.O.W.75.37' N. 8TH STREET R.O.W. 5.00' PUBLIC UTILITY EASEMENTREC. NO. 670572 20.65' BUILDING TIE22.39' BUILDING TIESE FIELD TOPOGRAPHYCITY OF ASPEN LIDAR 1 FOOT CONTOURSFINISHED FLOORELEVATION 7901.0'EL:7897.65EL:7895.68EL:7895.09EL:7896.29EL:7897.94EL:7897.68EL:7896.2830.2"x27.6'28.1"x32'22.4"x34'25.2"x32'FOUND NO. 5 .REBARAND CAP STAMPED"PLS 28643"FLUSH WITH GRADEPROPERTY DESCRIPTIONLOT 2,​VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOFRECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​COUNTY OF PITKIN,​STATE OF COLORADONOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COM 12/7/2021 - G:\2020\30137 VANDEMOER HILL LOT 2\SURVEY\Survey DWGs\Survey Plots and Exhibits\30137.02 ISP.dwgVICINITY MAPSCALE: 1" = 2000'GENERAL UTILITY NOTES:The locations of underground utilities have been plotted based on utility maps,construction/design plans, other information provided by utility companies and actualfield locations in some instances. These utilities, as shown, may not represent actualfield conditions. It is the responsibility of the contractor to contact all utilitycompanies for field location of utilities prior to construction.IMPROVEMENT SURVEY PLATI, MARK S. BECKLER, HEREBY CERTIFY TO ISABEL A. VANDEMOER, PHOEBE E.VANDEMOER, AND LAND TITLE GUARANTEE COMPANY, THAT THIS IS AN“IMPROVEMENT SURVEY PLAT” AS DEFINED BY C.R.S. § 38-51-102(9), ANDTHAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENTLOCATION OF ALL STRUCTURES, WATER COURSES, WATER FEATURESAND/OR BODIES OF WATER , VISIBLE ROADS, UTILITIES, FENCES, OR WALLSSITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALLBOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCEOR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAYOF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, OR APPARENT, OR OFRECORD AND UNDERGROUND UTILITIES DESCRIBED IN LAND TITLEGUARANTEE COMPANY TITLE INSURANCE ORDER NO. Q62012373, OROTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT.THE ERROR OF CLOSURE FOR THIS SURVEY IS LESS THAN 1/15,000.________________________________MARK S. BECKLER L.S. #28643IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OFLOT 2,​ VANDEMOER HILL LOT SPLITA PARCEL OF LAND SITUATED IN THE SW 1/4 AND THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.SHEET 1 OF 1SOURCE DOCUMENTS:·PLAT-VANDEMOER HILL LOTS SPLIT (BOOK 129-PAGE 11, RECEPTION NUMBER 670572)ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED.NOTES1)DATE OF FIELD WORK: DECEMBER, 2001-JUNE, 2001; SEPTEMBER 2019, SEPTEMBER 2020,AND SEPTEMBER, 2021.2)DATE OF PREPARATION: DECEMBER, 2001--JUNE, 2001; UPDATED SEPTEMBER-OCTOBER2019, AUGUST-SEPTEMBER, 2020, AND OCTOBER, 2021.3)BASIS OF BEARING: A BEARING OF S74°14'15"E BETWEEN THE 1988 CITY OF ASPEN-GPSCONTROL POINTS GPS-20 AND GPS-9(R), AT THE STREET INTERSECTIONS OF 7TH\FRANCISAND 6TH\FRANCIS, WHICH ESTABLISHED A SITE BEARING OF N 15°45'58" E BETWEEN THENORTHEAST CORNER OF LOT 2 AND THE SOUTHEAST CORNER OF LOT 2, BEING FOUNDMONUMENTS AS SHOWN.4)BASIS OF SURVEY: THE VANDEMOER HILL LOT SPLIT, PLAT BOOK 129 AT PAGE 11,RECEPTION NO. 670572 OF PITKIN COUNTY RECORDS.5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TODETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDINGEASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE TITLECOMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER No. Q62012373EFFECTIVE DATE JUNE 3, 2021.6)BASIS OF ELEVATION: BASIS OF ELEVATION - 2009 CITY OF ASPEN GPS MARCIN CONTROLMAP DATUM, WHICH IS BASED ON AN ELEVATION OF 7911.98 (NAVD 1988) ON THE NGSSTATION "Q-159". THIS ESTABLISHED A SITE BENCHMARK ELEVATION OF 7897.8' ON THETOP OF A #5 REBAR WITH CAP L.S. 28643 MONUMENTING THE NORTH WEST PROPERTYCORNER OF LOT 22, AS SHOWN HEREON. FIELD WORK SUPPLEMENTED WITH 1 FOOT CITYOF ASPEN LIDAR DATA TRANSLATE TO MARCIN COORDINATE SYSTEM.7)CONTOUR INTERVAL ONE (1) FOOT.8)PROPERTY ADDRESS: 949 WEST SMUGGLER STREET, ASPEN, CO 816119)PITKIN COUNTY PARCEL ID NUMBER 27351221200310)PER CITY OF ASPEN MUDFLOW FIGURE 7.1 C -CASTLE CREEK/RED BUTTE MUDFLOW ZONES,REVISED 11/2014, THE SUBJECT PROPERTY IS NOT IN A MUD FLOW ZONE.11)PER FIRM MAP 08097C0354E, EFFECTIVE DATE 08/15/2019, THE SUBJECT PROPERTY FALLSUNDER SHADED ZONE "X", (AREA OF MINIMAL FLOOD HAZARD, USUALLY DEPICTED ONFIRMS AS ABOVE THE 500-YEAR FLOOD LEVEL. ZONE X IS THE AREA DETERMINED TO BEOUTSIDE THE 500-YEAR FLOOD AND PROTECTED BY LEVEE FROM 100-YEAR FLOOD.) SITE(BASIS OF BEARING)S74°14'15"EGPS-9(R)GPS-20(TIE ONLY) S51° 36' 05"E 413.09'(TIE ONLY) S40° 02' 59"E 460.91'TREE LEGENDCONIFEROUS TREEDECIDUOUS TREEEXISTING CURB STOPEXISTING GAS METEREXISTING ELECTRIC METEREXISTING CATV PEDESTALEXISTING LEGENDEXISTING CONTOUREXISTING CONTOUR INTERVAL7900EXISTING WOOD RAIL FENCExxEXISTING WATER SERVICE/MAINXWLXWLEXISTING GASXETCXETCEXISTING TELEPHONEXGASXGASXGASEXISTING UNDERGROUND ELECTRICEXISTING CABLEEXISTING ELEC, TELE, CABLEXUTXUTXUTXELXELXELXTVXTVXTVXETCGXETCGEXISTING ELEC, TELE, CABLE, GAS1 inch = ft.( IN U.S. SURVEY FEET )GRAPHIC SCALE0101020104054.5" X 7' = 4.5" TRUNK DIAMETER WITH 7' DRIPLINEPURPOSE STATEMENTTHE PURPOSE OF THIS IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY IS TO SHOW THE EXISTING PROPERTYBOUNDARIES, SITE CONDITIONS, ENCUMBRANCES, AND TOPOGRAPHY OF THE SUBJECT PROPERTY.10-05-21170 LOT 1 - VANEMOER HILL LOT SPLIT949 WEST SMUGGLER ST LLCPITKIN COUNTY PARCEL ID. NO. 273512212002FOUND NO. 5 REBAR &1.25" PLASTIC CAPSTAMPED "LS 28643"FLUSH WITH GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPOINT OF BEGINNING PARCEL BPOINT OF COMMENCEMENT PARCEL AFOUND NO. 5 REBAR &1.25" PLASTIC CAP ILLEGIBLE0.2' BELOW GRADEFOUND NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADEPARCEL A10,000 SQ. FT.0.2296 ACRES +/-PARCEL B8000 SQ. FT.0.1837 ACRES +/-75.00' W. SMUGGLER STREET R.O.W.19.44' ALLEY R.O.W.75.37' N. 8TH STREET R.O.W.POINT OF BEGINNING PARCEL ASET NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADESET NO. 5 REBAR &1.25" ORANGE PLASTIC CAPSTAMPED "PROP COR 28634"FLUSH WITH GRADE5.00' PUBLIC UTILITY EASEMENTREC. NO. 670572N15° 45' 58"E 100.00'S74° 14' 02"E 100.00'N15° 45' 58"E 100.00'N74° 14' 02"W 100.00'N74° 14' 02"W 80.00'S15° 45' 58"W (BASIS OF SITE BEARING) 100.00'S74° 14' 02"E 80.00'LOT 1 - HOWER EXEMPTIONAEB REALTYPITKIN COUNTY PARCEL ID. NO. 273512365001LOT 2- HOWER EXEMPTIONSAXON DELTA TRUSTPITKIN COUNTY PARCELID. NO. 273512365002BLOCK 3 - LOTS P, Q, R, & SMCTAMANEY, ROBERT A III TRUSTPITKIN COUNTY PARCELID. NO. 273512365001BLOCK 2 - LOTS Q, R, & SSCHUHMACHER, JOHN W. TRUSTPITKIN COUNTY PARCELID. NO. 273512211002LOT 2 - VANDEMOER LOT SPLITRATNER, DENNIS F. TRUSTPITKIN COUNTY PARCELID. NO. 273512282004NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SOPRIS ENGINEERING - LLCCIVIL CONSULTANTS502 MAIN STREET, SUITE A3CARBONDALE, COLORADO 81623(970) 704-0311 SOPRISENG@SOPRISENG.COM 12/9/2021 - 31037.02 - G:\2020\30137 VANDEMOER HILL LOT 2\SURVEY\Survey DWGs\Survey Plots and Exhibits\30137.02 AMENDED PLAT_LOT 2 SPLIT.dwgVICINITY MAPSCALE: 1" = 2000'GENERAL UTILITY NOTES:The locations of underground utilities have been plotted based on utility maps,construction/design plans, other information provided by utility companies and actualfield locations in some instances. These utilities, as shown, may not represent actualfield conditions. It is the responsibility of the contractor to contact all utilitycompanies for field location of utilities prior to construction.FINAL SUBDIVISION PLAT OF THEVANDEMOER LOT 2 SUBDIVISIONA PARCEL OF LAND SITUATED IN THE SW 1/4 AND THE NW 1/4 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.SHEET 1 OF 1PURPOSE STATEMENTTHE PURPOSE OF THIS PLAT IS THE SUBDIVISION OF LOT 2, VANDEMOER HILL LOT SPLIT (RECORDED IN BOOK 129 AT PAGE 11, AS RECEPTION NO. 670572), INTOTWO NEW PARCELS TO HEREAFTER BE KNOWN AS PARCELS A AND B OF THE VANDEMOER LOT 2 SUBDIVISION.1 inch = ft.( IN U.S. SURVEY FEET )GRAPHIC SCALE0202040208010PROPERTY DESCRIPTION BEFORE LOT SPLITLOT 2,​VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOFRECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​COUNTY OF PITKIN,​STATE OF COLORADOCOMMUNITY DEVELOPMENT DIRECTOR CERTIFICATETHIS LOT SPLIT PLAT OF THE VANDEMOER HILL PARCEL A & B WAS REVIEWEDAND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OFASPEN THIS DAY OF , 202___. TO THE EXTENT THATANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OFASPEN DEVELOPMENT ORDERS FOR THIS PROPERTY OR ANY OTHER PROVISIONOF APPLICABLE LAW INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LANDUSE REGULATIONS OR BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERSOR APPLICABLE BUILDING CODE SHALL CONTROL.COMMUNITY DEVELOPMENT DIRECTORCITY ENGINEER’S REVIEWTHIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERINGDEPARTMENT SURVEY REQUIREMENTS THIS DAY OF ,202__.CITY ENGINEERTITLE CERTIFICATETHE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY WHICH ISREGISTERED TO DO BUSINESS WITHIN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE OWNERS OFTHE REAL PROPERTY DESCRIBED HEREON HOLD FEE SIMPLE TITLE TO THE PROPERTY FREE AND CLEAR OF LEINS,TAXES, AND ENCUMBRANCES EXCEPT FOR THE MATTERS OF RECORD LISTED ON THE TITLE COMMITMENT ISSUEDBY LAND TITLE GUARANTEE COMPANY UNDER FILE NO. Q62012373 EFFECTIVE DATE JUNE 3, 2021. ALTHOUGHWE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLENOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLEGUARANTEE COMPANY NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATIONWHATSOEVER.BY:TITLE:STATE OF COLORADO )) SSCOUNTY OF PITKIN )THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 202__, BY AS THE TITLE OFFICER OFLAND TITLE GUARANTEE COMPANY.WITNESS MY HAND AND OFFICIAL SEALASPEN CITY COUNCIL APPROVALTHIS FINAL PLAT OF THE VANDEMOER HILL PARCELS A & B WAS REVIEWED AND APPROVED BYTHE CITY OF ASPEN CITY COUNCIL ON THE DAY OF _______________, 202__, BYORDINANCE NO. _____, SERIES 202__, RECORDED ON IN THE OFFICE OF THE CLERK ANDRECORDER OF PITKIN COUNTY IN BOOK , PAGE AS RECEPTION NO. .MAYOR, CITY OF ASPENDATEATTEST:CITY CLERKCERTIFICATE OF DEDICATION AND OWNERSHIPKNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE OWNER IN FEE SIMPLE OF CERTAIN LANDS IN THE CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:LOT 2,​ VANDEMOER HILL LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF RECORDED NOVEMBER 16, 2020 IN PLAT BOOK 129 AT PAGE 11.​DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF THE FINAL PLAT OF: VANDEMOER HILL PARCELS A & B, CITY OF ASPEN, PITKINCOUNTY, COLORADO; DIVIDE THE REAL PROPERTY INTO PARCELS A AND B AS SHOWN HEREON; AND DEDICATES EASEMENTS TO THE CITY OF ASPEN AS SHOWNHEREON FOR THE USES AND PURPOSES MORE FULLY DESCRIBED IN THE EASEMENT AGREEMENT RECORDED AT RECEPTION NO. ______________ OF THE PITKINCOUNTY RECORDS.EXECUTED THIS _____ DAY OF _________ , 2022.VANDEMOER FAMILY INCA COLORADO INCORPORATIONBY:___________________PRINT NAME: CRAIG VANDEMOERTITLE:MANAGERSTATE OF __________))SSCOUNTY OF ________)THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE METHIS ____ DAY OF ____________, 202__, BY CRAIG VANDEMOER ASMANAGERS OF VANDEMOER FAMILY INC.MY COMMISSION EXPIRES: ___________.WITNESS MY HAND AND OFFICIAL SEAL______________________NOTARY PUBLICSOURCE DOCUMENTS:·PLAT-VANDEMOER HILL LOTS SPLIT (BOOK 129-PAGE 11, RECEPTION NUMBER 670572)·THE OFFICIAL MAP OF THE CITY OF ASPEN APPROVED BY THE CITY ENGINEER G.E.BUCHANAN DATED DECEMBER 15 1959ALL OF THE PITKIN COUNTY, COLORADO RECORDS-UNLESS OTHERWISE NOTED.NOTES1)DATE OF FIELD WORK: DECEMBER, 2001-JUNE, 2001; SEPTEMBER 2019, SEPTEMBER 2020,AND SEPTEMBER, 2021.2)DATE OF PREPARATION: DECEMBER, 2001--JUNE, 2001; UPDATED SEPTEMBER-OCTOBER2019, AUGUST-SEPTEMBER, 2020, AND OCTOBER AND DECEMBER, 2021.3)BASIS OF BEARING: A BEARING OF S74°14'15"E BETWEEN THE 1988 CITY OF ASPEN-GPSCONTROL POINTS GPS-20 AND GPS-9(R), AT THE STREET INTERSECTIONS OF 7TH\FRANCISAND 6TH\FRANCIS, WHICH ESTABLISHED A SITE BEARING OF N 15°45'58" E BETWEEN THENORTHEAST CORNER OF LOT 2 AND THE SOUTHEAST CORNER OF LOT 2, BEING FOUNDMONUMENTS AS SHOWN.4)BASIS OF SURVEY: THE VANDEMOER HILL LOT SPLIT, PLAT BOOK 129 AT PAGE 11,RECEPTION NO. 670572 OF PITKIN COUNTY RECORDS.5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TODETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDINGEASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE TITLECOMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER No. Q62012373EFFECTIVE DATE JUNE 3, 2021.6)PROPERTY ADDRESS: 949 WEST SMUGGLER STREET, ASPEN, CO 816117)PITKIN COUNTY PARCEL ID NUMBER 273512212003SITE(BASIS OF BEARING)S74°14'15"EGPS-9(R)GPS-20(TIE ONLY) S51° 36' 05"E 413.09'(TIE ONLY) S40° 02' 59"E 460.91'DRAFTSURVEYOR CERTIFICATEI, MARK S. BECKLER, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE STATE OF COLORADO,THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE FINAL SUBDIVISION PLAT OF VANDEMOER LOT 2 SUBDIVISION ASLAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT ASSET FORTH IN C.R.S. SECTION 38-51-106, WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MYSUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAIDSUBDIVISION AS THE SAME ARE STAKED UP THE GROUND IN COMPLIANCE WITH STATE REGULATIONS COVERING THE SUBDIVISIONOF LAND. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SETFORTH IN THE TITLE COMMITMENT PREPARED TITLE COMPANY OF THE ROCKIES COMMITMENT NUMBER 0706274-C2, EFFECTIVEDATE JUNE 5TH, 2020 AND COMMITMENT ORDER NUMBER. Q62012373 EFFECTIVE DATE JUNE 3, 2021.IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS ____ DAY OF _________, 2021._____________________________MARK S. BECKLER, L.S. #28643LOT 1 AMENDED - RANGER STATION SUBDIVISION COLOSAL CORPERATION PITKIN COUNTY PARCEL I.D. NO. 273512428001 171 G G G G G G G G G G G G G G G G G G G G G G GEEEEEEEETTTTTTTTGGGGGGGGGWWWWWWWWWWWWW W W W W W W W WWWWWWWWWWWWWT T T T T T T T T T T T T T T T T T T T T T TTTTTTTTTTTTTTTTGGGGGGGGGGGGGGGGGGGGGGTEWSO EEEEETTTTTGGGGGX X XXX X X X X X X X X XX X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXCWSWSWS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSGGGGGGGGGGGGGGG kWhGM E G C-1 C-2 C-3 AR.4 AR.11 AR.A AR.A AR.G AR.G AR.4 AR.11 7900789 9 78 9 878977 8 9 678957896789778987897 7900 7 8 9 9789878997898789778957896 7901DD8''Ø 8''Ø 8''ØD AREA INLETWQCV DRYWELL (SEE DETAIL)PROPERTY LINEEASEMENTBUILDING SETBACKPROPOSED PROPERTY LINEPROPOSED BUILDING SETBACKPROPERTY LINE BUILDING SETBACK PROPERTY LINE BUILDING SETBACK EASEMENT EEEEEEEEEEEEEE E E E E E EE TCTCTCTCTCTCTCTCTCTCTCTCTC TC TC TC TC TC TC C T E GRATE ON ENTRY DRYWELL NEW ELECTRIC TRANSFORMER & PEDESTALS REROUTE GAS AR.3 AR.10 AR.B AR.B AR.H AR.H AR.3 AR.10 4' 'Ø PIPE THE NEW ROOF DRAINS, TYP.4''Ø4''Ø4''Ø4''Ø4''Ø 4''Ø 4''ØPIPE THE EX. ROOF DRAINS, TYP.4''ØSLSLSLNEW WATER SERVICE IN EASEMENT APPROX. LOCATION OF EX. SEWER MAIN W. Smuggler Street N. 8th StreetEx. Chalet Proposed Alley Residence Relocated Chicken Coop WSWSWSOEX. WATER SERVICE Gravel Alley PROPERTY LINEBUILDING SETBACKXXXXSS SS SS SS SS 7899NORTH RevisionDate 923 Cooper Avenue Suite 201 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Engineer or Surveyor Seal Sheet Client Information: PROJECT NO. FILE NAME: Designer: Drafter: Date:N:\PROJECTS\2021\21066-949 W Smuggler\dwg\21066-V-Topo.dwg 12/10/2021 3:35 PM9. 8. 7. 6. 5. 4. 3. 2. 12/10/21 djw djw 21066-v-topo.dwg 21066 Aspen, Coloroado 81611 949 W. Smuggler Street Chris Vandemoer Aspen, Colorado1.HPC Review / Preliminary PlanGrading, Drainage & Underground Piping Plan949 W. Smuggler StreetC.1 00 10'20' Scale: 1" = 10' Scale: N.T.S. Downspout Connection & Area Drain2 TYPICAL SITE DRAIN TYPICAL ROOF DRAIN BUILDING30" MIN.TEE TEE REDUCER (WHERE APPLICABLE) 90° BEND HEAT TAPE INSTALLED PER NOTES 4"Ø RISER TEE/BENDS WITH GLUED JOINTS OR WATERTIGHT ADAPTERS 6"Ø RISER, TYP. DOWNSPOUT FITTING OR IF DOWNSPOUT IS TOO LARGE, USE A 12" SQUARE NYLOPLAST INLINE DRAIN GRATE W/ A HOLE CUT IN GRATE TO MATCH THE DOWNSPOUT AND SLEEVE THE DOWNSPOUT/CHAIN AT LEAST 6" INTO THE PIPE. 12"Ø NYLOPLAST AREA DRAIN WITH DOME GRATE, 6"Ø PVC RISER OR BEND, TYP. INSTALL HEAT TAPE THROUGH THE PIPE AND CONNECT TO THE BOTTOM OF THE GRATE,TYP. INSTALL TEMPORARY FILTER FABRIC OR SEDIMENT BASKET UNDER THE GRATE. CAULK/SEAL WHERE DOWNSPOUTS ARE NOT IN IMMEDIATE PROXIMITY, INSTALL HEAT TAPE THROUGH AN ELECTRICAL CONDUIT. 6"Ø OR 8"Ø STORM SEWER (PER PLAN) NOTES: 1.ALL DOWNSPOUTS AND DECK DRAINS SHALL BE CONNECTED TO ADS N-12-WT CPP (WATERTIGHT), SCH.40 PVC OR SDR35 PVC. FLEXIBLE CORRUGATED PLASTIC IS NOT ACCEPTABLE. 2.ADDITIONAL FITTINGS AND BENDS MAY BE REQUIRED TO DEFLECT OVER OR AROUND LANDSCAPE WALLS. 3.HEAT TAPE SHALL BE INSTALLED IN ALL DOWNSPOUTS/STORM SEWER PIPES AND CONNECTED TO THE BOTTOM OF ALL INLET GRATES.RAIN CHAINOR DOWNSPOUT24" (MIN.) NOTES: 1.PRECAST MANHOLE SECTIONS SHALL MEET ASTM C-478 AND BE H-20 LOAD RATED. 2.THE EDGE OF THE DRYWELL (AT FILTER FABRIC) SHALL BE INSTALLED AT LEAST 10-FEET AWAY FROM ANY FOUNDATION WALL. 3.BACKFILL EXCAVATION AROUND THE STRUCTURE WITH COMPACTED 3/4" CRUSHED WASHED SCREENED STONE TO THE TOP OF THE DRYWELL AND WITH STRUCTURAL CLASS 2 ABC TO 12" BELOW FINISH GRADE.COMPACT BACKFILL TO 95% STANDARD PROCTOR. 4.PERFORATED SECTION TO BE INSTALLED 4 FT. MINIMUM INTO PERVIOUS ALLUVIUM. ENGINEER TO BE CONTACTED IMMEDIATELY IF GROUNDWATER OR BEDROCK IS ENCOUNTERED. 5.INLET AND OUTLET PIPES SHOULD ENTER DRYWELL AWAY FROM THE DRYWELL STEPS. 12" Scale: N.T.S. WQCV Drywell with Skimmer Pipe113'PRECAST CONCRETE SECTION(S) 4'Ø 10' MIN. PLACE MIRAFI FILTERWEAVE 500 (OR EQUAL) FILTER FABRIC AROUND, UNDER AND OVER CRUSHED STONE SKIMMER PIPE (SEE DETAIL) PRECAST PERFORATED RISER SECTION W/ 1"Ø PERCOLATION HOLES 8" THICK PRECAST CONCRETE LID SECTION WITH RUST RESISTANT ACCESS HATCH WITH LIFTING HANDLES.DRYWELL (7')INFLOW STORM/ UNDERDRAIN PIPE SYSTEM 2' PRECAST CONE SECTION 3/4" CRUSHED WASHED SCREENED STONE AROUND THE PERIMETER AND 1' BELOW THE DRYWELL UNDISTURBED SOIL 10"Ø SCH.40 PVC TO OTHER DRYWELL BARREL, 12" ABOVE GRAVEL BASE 10''ØD D 26'-6"8'-10"24" TYP. INTERCONNECT DRYWELL BARRELS WITH 10"Ø SCH.40 PVC INFLOW PLAN VIEW 48" STANDARD 4'Ø DRYWELL FILTER FABRIC 24"Ø DUCTILE IRON FRAME AND SOLID LID (H-20), SHIM TO MATCH THE SURFACE GRADE RIM: PER PLAN @ CENTER OF MANHOLE 12" WQCV DRYWELL: ATTACH THE HEAT TAPE AND ABSORPTION PILLOW TO THE TOP LADDER RUNG, TYP. SKIMMER PIPE24"8"Ø STEEL RISER WITH FLANGE END 6" DRILL (4) 1/2"Ø WEEP HOLES AT THE BASE WRAP THE BASE WITH A ROCK SOCK 1/2"Ø AIR RELEASE HOLEBMP BIO-SKIRT BIO20. SECURE ABOVE THE FLANGE WITH STAINLESS STEEL WIRE. REPLACE THE SKIRT ANNUALLY) ACCESS LID SECTION VIEW FILTER FABRIC, PIN INTO GRAVELS 10''ØD REVIEW CTCURTS NO NOIFTON R O EXISTING/PROPOSED ASPHALT PROPOSED IMPERVIOUS WALK/PATIO (CONCRETE OR PAVERS) PROPOSED GRASS/LAWN GENERAL DIRECTION OF FLOW T CE EXISTING/PROPOSED UTILITY PEDESTALS & METERS T CE GM EM 7965 LEGEND 7965 4''Ø 4''Ø X X X C/O 8''Ø 8''Ø W SO WM EXISTING CONTOUR PROPOSED CONTOUR PROPERTY LINE SETBACK EXISTING FENCE EXISTING/PROPOSED WATER SERVICE/SHUTOFF/METER EXISTING/PROPOSED SEWER SERVICE/CLEANOUT EXISTING/PROPOSED GAS PROPOSED FOUNDATION DRAIN SYSTEM (BY OTHERS) HEAT TAPE PROPOSED 4"Ø PVC STORM PIPE (WATERTIGHT) PROPOSED 8"Ø PVC STORM PIPE (WATERTIGHT) WS WS WSWS SL SL SLSL GG PROPOSED 6"Ø PVC STORM PIPE (WATERTIGHT)6''Ø 6''Ø EXISTING/PROPOSED SEWERSSSS EXISTING/PROPOSED WATER MAINWW S WV EXISTING/PROPOSED ELECTRICEE EXISTING/PROPOSED TELEPHONETT PROPOSED 4"Ø PERF. UNDERDRAIN PIPE NOTE: THIS PLAN IS INTENDED TO BE PLOTTED IN COLOR. FAILURE TO DO SO MAY RESULT IN MISSING DATA AND INFORMATION CRITICAL TO THE PROJECT. / / / / / / / PROPOSED SWALE FLOWLINE>>>> 172 Page 4-10 with or in any way overwhelm the historic resources. It also ensures that the old and new will be clearly and easily differentiated such that nobody will confuse the two. On the Vacant Lot, it is proposed that the standard 10-foot front setback be increased three-fold to 30-feet for above-grade improvements to assure maximum visibility of the historic structures from West Smuggler Street and its North 8th Street intersection (utilities and subgrade improvements would continue to be subject to the standard 10- foot front yard setback requirement). To accommodate this, it is also proposed that the east side yard setback for this 8,000 square foot lot be 5-feet, as required (adjacent to the nearly 30-feet of unoccupied right-of-way between the property line and the N. 8th Street roadway), and that the combined side yard setback requirement be waived or established at 15-feet (a 10-foot variation from the 25-foot requirement). The proposed side yard setbacks and the 5-foot/10-foot rear yard setback are consistent with the underlying R-6 zoning. If preferable to the City, the Applicant is amenable to establishing these setbacks as a formal “building envelope” to be delineated on the Final Subdivision Plat. The proposal is wholly compatible with the surrounding neighborhood. In addition, the requested variations are fully appropriate and warranted in exchange for guaranteeing the perpetual preservation of a substantial community benefit and valuable community asset by landmark designating Aspen oldest remaining example of a chalet residence and associated outbuilding. The layout of the proposal has been very carefully considered to guarantee the design of the new residence is sympathetic and subservient to the historic resource while maintaining the prominence of the chalet and associated trees from West Smuggler and 8th Streets. The chalet’s iconic north and east facades, including the second- floor deck facing 8th Street, will forever remain highly visible and unobstructed, especially given the proposed building envelope/setbacks on the Vacant Lot. On-Site Parking. Per Code Section 26.415.110(d), on-site parking reductions are permitted for designated historic properties unable to contain the number of parking spaces required by the underlying zoning due to the existence of a historic resource. When the parking waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property, the HPC may also waive any otherwise required cash-in-lieu of on-site parking for residential development. Since the Chalet Lot will contain two detached single-family residences, the Code would require four on-site parking spaces, or two per dwelling. The Applicant is requesting a parking waiver of two spaces to allow one on-site parking space per dwelling. The proposed plans include two one-car garages within the new detached structure. One of these spaces is to be dedicated to the chalet structure and the other is for the new residence. The two garages are separated by an interior wall and only one of the two spaces is accessible from within the attached residence. In addition, the Applicant seeks approval to maintain the existing fence and parking pull-out area within the West Smuggler Street right-of-way, as these have existed since the 1940s. Relocating the circa 1940s fence to match the West Smuggler Street property line is not feasible or desirable as it would necessitate impacts to the historically significant trees. This pull-out area 173 Page 4-11 within the West Smuggler Street right-of-way provides an additional 3-4 off-street parking spaces. Placing two additional parking spaces on-site would require the removal of additional trees and greater impact on/crowding of the historic resources. A waiver of the requirement for two additional on-site spaces allows the two historic assets to stand- alone, without additions or alterations, surrounded by the massive trees that have always added to the character of the property and an appropriate, ample amount of open ground. As such, the waiver will enhance or mitigate an adverse impact on the historic significance or architectural character of the designated property; therefore, the fee in- lieu should be waived as well. Transferable Development Rights (TDR). Section 26.415.110(k) provides that owners of properties listed on the Inventory may sever and convey, as a separate development right, undeveloped floor area to be developed on a different property within the City. The proposed Vacant Lot, being 8,000 square feet in the R-6 zone district, would normally allow 3,520 square feet of Floor Area for a single-family residence. However, in another proactive effort to ensure sensitivity to the important historic resources on the adjacent Chalet Lot, the Applicant is volunteering that the Vacant Lot be limited to just 3,240 square feet of floor area, or the same floor area allowed for a lot of only 6,000 square feet. With this 280 square foot reduction, the Applicant is requesting one (1) 250 square foot historic TDR that can be sold for use on a different, eligible receiver site within the City. All other dimensional requirements of the R-6 zoning, as may be amended, would continue to govern development on the Vacant Lot. Such development will also remain subject to all other applicable codes, including but not necessarily limited to the Residential Design Standards. F. RESIDENTIAL DESIGN STANDARDS, CHAPTER 26.410 As codified at Section 26.410.010(a), The City’s Residential Design Standards are intended to ensure a strong connection between residences and street; ensure buildings provide articulation to break up bulk and mass; and preserve historic neighborhood scale and character. The standards do not prescribe architectural style, but do require that each home, while serving the needs of its owner, contribute positively to the streetscape. The Code further provides that the Residential Design Standards (RDS) are intended to achieve an environment where homes have a connection to the street, respond to neighboring properties, and reflect traditional building scale. The proposal preserves the historic chalet that has engaged the street for some 75 years and provides articulation by breaking up available bulk and mass into three small-to-modest, detached structures. It also not only preserves historic neighborhood scale and character, but its buildings are critical in defining the neighborhood’s historic character and scale. Obtaining HPC approval of the proposed development inherently guarantees achieving of the objectives and intent of the RDS. 174 MEMORANDUM TO: Amy Simon, Planning Director FROM: Sophie Varga, Zoning Enforcement Officer DATE: 03/31/2022 RE: 949 W Smuggler Referral Comments Floor Area Calculations: Decks: per a conversation with Derek Skalko, we will work through deck calculations before final review. Subgrade Exposure on Historic Resource: The math for calculated subgrade floor area is inaccurate and will be fixed before final review. Application Sheets: “Existing Floor Area” (pgs. 36-37), “Proposed Floor Area” (pgs. 38-39). Code Section: 26.575.020(d) Parking Requirements: Note: two parking spaces are required per dwelling unit, for a total of four parking spaces. The parking spaces in the Right of Way cannot be used to fulfill this requirement. Application Sheets: Dimensional Requirements Form (pg. 20), “Proposed Site Plan” (pg. 34), “Proposed: Alley Residence Floor Plans” (pg. 43). Code Sections: Table 26.515-1, 26.515.070. Setback Variations: Note: Since the two detached residential dwelling units have a setback of more than 10 feet between them, the 10,000 SF Lot is not subject to combined side yard setbacks. Please add the 10’ setback to the site plan. If the applicant does not want a setback of 10’ between the two residential units, please request a variation to the combined side yard setbacks. Application Sheet: “Proposed Site Plan” (pg. 34). Code Section: 26.710.040(5) Survey: Please have the surveyor add a slope table. The table should list the area of the parcel with a 0-20% slope, 20-30% slope, and 30% slope (as applicable). If any portion of the parcel has a slope of more than 20%, it will impact allowable floor area calculations. Application Sheet: Survey (pg. 29). Code Section: 26.575.020(c). This memorandum summarizes major items. A variety of other requirements will be necessary for building permit submittal and zoning review. 175 REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 13TH, 2022 NEW BUSINESS: 949 W. Smuggler – AspenModern Historic Designation and Benefits, Conceptual and Final Major Development, Relocation, Demolition, TDR, Subdivision, Growth Management – PUBLIC HEARING Applicant Presentation: Mitch Haas, Haas Land Planning LLC & Derek Skalko, 1 Friday Design Collaborative Mr. Haas introduced himself and Mr. Skalko and mentioned that Chris Vandemoer, their client was listening in. He then showed a vicinity map highlighting the site at 949 W. Smuggler St. and mentioned that they were applying for AspenModern landmark designation. He then described the negotiated approval process of the AspenModern program through which preservation benefits and incentives beyond those identified in the code are available and applicable sections in the code take on a flexibility that does not normally exist. Mr. Haas then thanked Ms. Simon for her hard work and inspiration and for her thorough but fair review of their proposal. Mr. Haas went on to describe the history of the Vandemoer family on the property. He then described the reasoning for and details of the eventual Vandemoer lot split which was finalized in 2020. The project that is being discussed is located on the 18,000 square foot “lot 2”. In order to afford to keep this legacy property in the family and to preserve the historic significance of the home, Mr. Vandemoer is seeking the AspenModern designation. Mr. Haas mentioned that if this application is not successful, Mr. Vandemoer would have to sell the property to the highest bidder, who would most likely not keep the historic structures. Mr. Haas then went over the existing conditions of the property. It is an 18,000 square foot lot which includes a chalet style structure that sits on the western side with a four-side wrap around porch. The structure is flanked by two huge evergreen trees on each front corner and one at the back corner. There is also a wooden structure at the back of the property, referred to in the application as the “chicken coop” which was built at the same time as the house. Mr. Haas then showed a few historic pictures of the house as well as a current picture, noting that nothing has changed since it was built in the 1940s. He also went over the historical significance of the property and house. He then went into describing the proposed site plan, which includes subdividing the property into two lots, Lot 2(a) and Lot 2(b). Parcel A will be a 10,000 square foot lot (100x100) and will include the historic chalet, the relocated “chicken coop” and a new detached single-family residence to be built along the alley front. Parcel B will be a vacant 8,000 square foot lot which will be given a residential growth management allotment but will not be designated or be subject to HPC purview for future development. He mentioned that there are no proposed changes to the historic chalet on parcel A. Per the AspenModern negotiations and incentives, they are asking to combine conceptual and final reviews with HPC. The applicant seeks to maintain the existing historic fence in its existing location as shown in the existing conditions and also maintain the existing parking pull out on W. Smuggler St. The standard 10 foot set back on the north side of Parcel B is proposed to increase to a 30-foot setback for any above grade development in order to assure maximum visibility of the historic structure on Parcel A from W. Smuggler and 8th street. They are proposing a combined side yard setback of 15 feet instead of the required 25 feet of combined setbacks on Lot 2(b) which will need an HPC variation. If preferable to the City they would memorialize these setbacks as a building envelope on the final plat. They are also proposing to drop the normally allowed 3,520 square feet of floor area for an 8,000-foot lot to 3,240 square feet which is what is allowed on a 176 REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 13TH, 2022 6,000-foot lot. Because of this reduction they are asking for a 250 square foot TDR be issued to the applicant. Mr. Haas then addressed the Chalet lot (Lot 2(a)) and that they are not requesting any Floor Area Bonus FAB) from HPC. He stated that for this 10,000-foot lot a total of 4140 square feet is allowed, but that the combined square footage of the historic structures and the new building would be less than that. He mentioned that the proposed new location of the “chicken coop” would require a 5-foot side yard setback variation and that they are also requesting a 5-foot rear yard setback variation on the new building to allow for the light well and room for a laundry space and mechanicals. He then mentioned that language in the original Vandemoer lot split mentioned no further lot splits can occur on the divided lots, they are calling this a major subdivision, but that is really in name only. He said that they are requesting that the applicant be able to sell the vacant lot before paying the cash-in-leu for affordable housing mitigation on the new building. Mr. Skalko started by showing the proposed elevations of the new building noting that the new building basically hides behind the historic asset when looking from W. Smuggler. This was achieved by pushing the distance between old and new structures to the greatest extent possible (approx. 26 feet). He then showed a 3D rendering of the property (Lot 2a) to get a better look at the mass and scale of the structures. In closing Mr. Haas said that the applicant desires to see the historic chalet and outbuilding preserved in perpetuity via historic landmark designation under AspenModern in exchange for the associated benefits within the code for designated landmarks. Mr. Halferty asked about what appears to be a water line going through the vacant lot. Mr. Haas pointed out this line on the utility plat and said that is a home service line that runs from 8th St. to the chalet and mentioned that it will need to be removed at some point. Mr. Halferty asked that the variations for the “chicken coop” be gone over again, which Mr. Haas did. Mr. Halferty wanted to clarify if the proposal meant that HPC wouldn’t have purview of any design review on Lot 2b. Mr. Haas said that is what is proposed in order for the applicant to sell the lot and maximize the value. Mr. Fornell asked if the “chicken coop” was heated living space and part of the FAR calculation. Mr. Haas said they are counting it as part of the FAR calculation because it is enclosed but it is not heated nor is it habitable under building code. Mr. Fornell wanted to extend his gratitude to the applicant, Chris, and his family for their stewardship of the property over the many years. He then mentioned that the request for a deferral of affordable housing mitigation is a loophole in the requirements that is designed for people who live and work at a job in Aspen. He asked for more of an explanation of the request. Mr. Haas said they have only conditionally requested a deferral. That condition is only in the unlikely event that the applicant decides to build the new structure before the lot has sold. Mr. Fornell wanted to state for the record that a deferral should be reserved for those who qualify under the guidelines. Mr. Haas mentioned that the housing office has supported the deferral request. Ms. Thompson asked if Mr. Skalko could go over the proposed materials for the new building. Mr. Skalko proceeded to go over the various proposed material options on different parts of the building. 177 REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 13TH, 2022 Staff Presentation: Amy Simon, Planning Director Ms. Simon started by going over the history of the Preservation program and the voluntary AspenModern program. She also went over the timing of this application and the scheduling of HPC meetings set for it. Also noted were various incentives that have been part of different AspenModern applications in the past. She then reviewed some of staff’s thoughts that are laid out in the memo, regarding the historic resource and the new building, noting that as far as design review staff is not raising any objections. Staff also finds the relocation of the “chicken coop” an acceptable way to keep it part of the property and maintain its relationship. She then went over a few points for HPC discussion. One related to the parking in front of the Chalet on City property in the Right of Way that has always been there. Normally Engineering would say that needs to go in order to reclaim the public space. In trying to accommodate the owner, no one finds this a necessity as it has been a traditional element. Engineering did ask for the parking to become parallel. She wanted HPC to discuss this and make sure that the view of the house is not impacted by the number of cars parking there. The next item she wanted discussion on was the adjacent lot. Staff greatly appreciates the deep setback on the front and is in support of widening the building envelope to balance things out. She asked the commissioners to discuss possibly increasing the front setback for above grade development in order to maximize the view of the chalet from 8th St. She also asked for discussion of the fact that the application asks that the lot not be designated which is a concern because of the benefits being requested. She did not think we can forgo designating the lot because of the TDR being requested. A discussion was also requested about the growth management calculations for the lot since it was technically a second lot split of the property. Ms. Simon wanted to make clear that there is an exception being asked for to mitigate for this as if it were an existing lot and while it is not a deal breaker, a balance is wanted to be found. She pointed out that the City is asking for a first right of refusal to purchase the lot at a market rate to potentially build affordable housing. Mr. Halferty asked if the right of first refusal would be a conflict of interest. Ms. Simon said because it would be at market rate it would not be. Ms. Johnson mentioned that since HPC members wouldn’t be directly benefited financially it would not be a conflict. Ms. Thompson asked if they had ever approved a limitation of height on a part of a lot. Ms. Simon said not for AspenModern, but that this is a negotiation. Ms. Thompson said she was surprised that Engineering would allow parking in the right of way and asked if it would be reasonable to limit that to a specific number of spots. Ms. Simon said that there are other parking spaces in the right of way around town and that this parking would be signed for use by the general public. Mr. Fornell gave his support to the project and was looking forward to seeing it again at the next meeting, but that something had come up that he had to attend to and would be leaving the meeting. Mr. Fornell then left the meeting. Mr. Moyer asked if the City were to buy the lot if they would be treated like any other developer or person. Ms. Simon confirmed that yes, they would and that HPC could decide that if the City ended up buying the lot that it would come under HPC design review. PUBLIC COMMENT: None. 178 REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 13TH, 2022 BOARD DISCUSSION: Ms. Thompson asked how Ms. Pitchford was doing. Ms. Pitchford said she was learning a lot but does appreciate the property and the applicant’s intent to preserve it. Ms. Thompson went over the items for discussion. The first being the fence and its encroachment into the right of way. Mr. Halferty said he was ok with it but was concerned about consistency when it comes to other projects. Ms. Pitchford asked if the fence in discussion includes the fence on the alley side of the property as well. Mr. Haas said it was really just about the one in the front of the Chalet lot. Ms. Thompson said she would be supportive of the encroachment to keep the fence in its current location and allow maintenance of it, but to limit the amount of landscaping between the property line and the fence. Mr. Moyer said he wasn’t opposed to the fence and that if the parking is parallel, it won’t overwhelm the view of the fence or the house. Ms. Thompson agreed with Mr. Moyer on the parking given the location of the property. She then asked for someone to start the discussion about the new structure. Mr. Halferty said he thought the new structure complies with their guidelines and that the requested setbacks related to the garage is fine because it helps maintains a nice distance between the historic resource and the new structure. He thought it is a product of its own time. Ms. Surfas agreed with Mr. Halferty and that it complements the existing structure. Mr. Moyer had no issues with the new structure. Ms. Thompson also agreed and supported the variance for the deck and below grade. Ms. Pitchford said that she thought it was a product of its time but didn’t necessarily complement the existing structure but realized that it didn’t have to. She asked a question about 30-foot setback of the proposed building envelope and if everything was approved that any new owner of the lot would have to adhere to that setback. Ms. Thompson said yes. Ms. Thompson then moved the discussion to the items related to the vacant lot, including the sub- division agreement, Growth Management Quota System (GMQS), and the developable area. She said she was concerned about the 30-foot setback while allowing all that floor area to be built on a smaller footprint. She asked Ms. Simon if she was correct in the assumption that if the 30-foot setback was approved that it would still be the same amount of floor area for a lot of that size and that the mass could be larger than if they did something to limit a future project. Ms. Simon said those type of things is what they are here to discuss and reminded HPC that even though the lot is 8,000 square feet, the applicant is restricting themselves to the floor area allowed for a 6,000 square foot lot. Mr. Halferty agreed with Ms. Thompson’s concerns over the potential massing of future development. He thought it would help if any future development did a lot of sub-grade floor area. 179 REGULAR MEETING HISTORIC PRESERVATION COMMISSION APRIL 13TH, 2022 Mr. Moyer thought it would be helpful to go over and stake out a few scenarios. He also suggested that sub-grade floor be able to go toward the front and be below the yard and above-grade be allowed to move closer to the east property line. Ms. Thompson agreed that a site visit would be helpful. Mr. Moyer asked Mr. Haas if it was a disadvantage to a developer to be next to a landmark building and what would come with that and if it would it be that much harder to sell. Ms. Haas said he wasn’t a realtor, but that the members were bringing up some good points and things he hadn’t thought about. He knew they were coming back for another meeting and wanted to further discuss the topics with the applicant and City staff and hopefully come back with everyone on the same page. Ms. Thompson said that she is generally supportive of the TDR but noted that she did not know the last time the City Council approved a TDR. Mr. Moyer and Mr. Halferty was also supportive of the TDR. Ms. Thompson asked Ms. Simon if the newly created lot could not be a receiving site of the TDR. Ms. Simon said that a site that is not designated historic can be a landing site for TDRs which is why the discussion of landmarking the lot could be part of any conditions of approval. Ms. Thompson said she would be in favor of whatever they can do to limit the ability for a TDR to land on this site if it’s not landmarked. Ms. Pitchford asked to clarify if the fence on the east side of the second lot is inside the property line. Mr. Haas said it was about 1-2 feet inside the line. Ms. Thompson said she was in favor of the relocation of the “chicken coop” and the related setbacks. Other members agreed. There was a short discussion of the requested 10-year vesting rights. Ms. Thompson said that if they were deferring payment on employee housing until the adjacent property is sold, that they include some time limits on how long it could be deferred. There was discussion on administrating and scheduling a site visit. MOTION: Ms. Thompson moved to continue this hearing to Wednesday, April 27th at noon at 949 W. Smuggler St. Mr. Moyer seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. All in favor, motion passes. ADJOURN: Ms. Thompson motioned to adjourn. Mr. Moyer seconded. All in favor; motion passed. Mike Sear, Deputy City Clerk 180 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 Chairperson Thompson opened the meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Jeffrey Halferty, Kara Thompson, Jodi Surfas, Peter Fornell, Roger Moyer, Sheri Sanzone and Barb Pitchford. Staff present: Amy Simon, Planning Director Natalie Feinberg Lopez, Historic Preservation Officer Sarah Yoon, Historic Preservation Planner Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk Risa Rushmore, Administrative Assistant II MINUTES: Ms. Thompson motioned to approval the minutes from 4/13/22 with the grammatical revision on page 7 made. Mr. Fornell seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, abstained; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. All in favor, with one member abstaining, motion passes. PUBLIC COMMENTS: None. COMMISSION MEMBER COMMENTS: Mr. Halferty thanked everyone for the work session two weeks ago and for the many great concepts that were brought up. DISCLOSURE OF CONFLICTS OF INTEREST: None. PROJECT MONITORING: Ms. Yoon said there was one item to bring before the HPC board for project monitoring. 930 King St. which was approved by the board through a minor development hearing is being brought forward because of a slight massing change from what was approved. The project monitors for this project reviewed the application and agreed that it was acceptable, but because it a slight floor area and massing change, staff thought it was important for the board to see it in its entirety. She introduced Wheeler Clancy who is representing the applicant. Mr. Clancy showed some images of the project and described the proposed changes. The initial Floor Area Ratio calculations were around 75 square feet and during the permitting process it was determined that they were entitled to about 85 square feet. He then described the slight changes to the west side expansion, increasing the area by 10 square feet, showing images of the original and proposed layouts. Ms. Yoon mentioned that this does not constitute a new approval or resolution, it is just a modification of the original approval. Ms. Thompson said that her and Mr. Fornell are the project monitors on this project and that they reviewed the proposed changes and said that from the rendering that the massing changes are insignificant. Both Ms. Thompson and Mr. Fornell were satisfied with the changes after having their questions answered. Ms. Johnson then went over the board’s options, which were to, after review, accept the changes or to bring it back to a public hearing. Mr. Halferty, Mr. Moyer, Ms. Surfas, Ms. Pitchford and Ms. Sanzone were all ok with the changes. STAFF COMMENTS: Ms. Feinberg Lopez mentioned that her and staff have set up the schedule so that the second meeting of each month will be in person and that it will include a work session. She 181 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 requested that potential work session topics be emailed to her. She then mentioned that May is Preservation month and that a progressive bike tour is scheduled for the 31st of May. She then went over the details of the tour. Ms. Yoon mentioned that she would be leaving the meeting a bit early. CERTIFICATE OF NO NEGATIVE EFFECT: Ms. Feinberg Lopez went over a number of these including: 706 W. Main – basement addition that is within the setbacks. 400 E. Cooper – change in doors and siding. 520 E. Hyman – addition of a side and alleyway door. 305 & 307 S. Mill – interior changes. Temporary structure at Aspen Tap. CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice and that notice was provided per the code for the agenda item. OLD BUSINESS: 949 W. Smuggler – AspenModern Historic Designation and Benefits, Conceptual and Final Major Development, Relocation, Demolition, TDR, Subdivision, Growth Management – PUBLIC HEARING CONTINUED FROM APRIL 27th SITE VISIT Applicant Presentation: Mitch Haas, Haas Land Planning LLC & Derek Skalko, 1 Friday Design Collaborative Mr. Haas provided a summary of the project, including some of the history of the property, the previous lot split and showed the existing conditions. He described the historic chalet, surrounding fence, a “chicken coop” structure and an outbuilding that is proposed to be demolished. He noted that most of the surrounding fence can go away because it lies within the property line or is in the alley. He then showed a few historic pictures of the chalet from the 1940s. He showed a comparison of the existing and the proposed site plans, highlighting the new proposed lot line separating the historic “Chalet” lot (10,000 square feet) and the new vacant lot (8,000 square feet), the new detached structure to be built behind the historic chalet, and the repositioning of the “chicken coop”. He then went on to describe the proposed front setbacks of the vacant lot. He mentioned that to the best of his memory, the HPC members present at the last meeting did not have any real issues or concerns with what is proposed on the “Chalet” lot. He said that the vacant lot was the main focus at the last meeting, including concerns about potential massing issues because of the reduced building envelope and the proposal of the vacant lot not being landmarked and not subject to HPC review. He also went over a few other topics of discussion from the last meeting. He reminded the members that the applicant was proposing that the vacant lot be limited to the allowable floor area for a 6,000 square foot lot, reducing the floor area by 280 square feet compared to an 8,000 square foot lot. In exchange for this the applicant is asking for a 250 square foot Transferable Development Right (TDR). Mr. Haas said that since the last meeting he had been working with Ms. Simon and that they are fully ok with the resolution as written, which he said seems to address most if not all the concerns raised. He 182 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 then went over in some detail the staff conditions included in the Resolution, noting that he hoped that these would all be written as recommendations to City Council from HPC because this is ultimately a negotiated process. Staff Presentation:Amy Simon, Planning Director Ms. Simon started by focusing on the Resolution and reviewing each condition in detail with the HPC members. She then opened her presentation to questions. Ms. Thompson asked Ms. Simon to review and confirm the math in condition #9 regarding the allowable floor area on the vacant lot be set at 3,240 square feet. Ms. Simon confirmed this and noted that the recommendation also states that only a single-family home is allowed unless the condition is amended by City Council. There was then some discussion on the details and intentions of condition #11. Mr. Fornell asked for clarity on why in this case HPC is a “recommending” body and not the deciding body. Ms. Simon described how the AspenModern is a very different program, being a negotiated process and that the final decision is in City Council’s court. There are also many processes that are part of this proposal that are never in HPC’s purview. There was some discussion around the reason and importance of preserving this historic property and since this is currently not designated a historic property what could happen to the property if this AspenModern designation does not go through. Ms. Surfas asked about what HPC would have say over if the vacant lot is designated historic. Ms. Simon explained that it would be the same as any other historically designated property that was under HPC review. Mr. Moyer asked if the City purchased the vacant lot, what could they or could they not out on the lot. Ms. Thompson said that her understanding was that whatever was proposed would come before HPC for review. Ms. Sanzone did not understand where the potential for a multiple unit project could show up on the lot and if it was a possibility of the major subdivision process. Ms. Simon said a lot would have to happen to allow anything more than a duplex on the lot, but it was up to City Council. Ms. Sanzone asked a few questions about grading, drainage and utilities plans in regard to their impact on existing trees. Mr. Haas said that they had been on the property with the Parks department and most of the trees that could be impacted do not require mitigation and are either in bad health, a hazard or too small to be City regulated. PUBLIC COMMENT: None. BOARD DISCUSSION: Mr. Halferty complimented the project and its importance to Aspen history. He emphasized the importance of the HPC’s recommendation to City Council. He brought up some concerns over the proposed “right of first refusal” for the vacant lot, but said if the City’s legal team was ok with it he was as well from a consistency stand point. 183 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 Ms. Thompson thought that the applicant had addressed every concern since the first meeting, and she fully supports this resolution. Mr. Fornell agreed that this is a good project. He strongly objected to condition #12 in the Resolution regarding the 30-day option for the City. He did not think what was proposed was legal, ethical, or proper. He went on to explain his thoughts. Ms. Thompson asked if Mr. Fornell would be comfortable deferring that to City Council. Mr. Fornell said no and would like to see condition #12 removed. Ms. Thompson said that she would like to defer this to City Council. Ms. Johnson went over some of the legal aspects of the topic and mentioned that if the rest of the board is in agreement, then you can move to strike it or state that HPC takes no position and refer it to Council. Ms. Thompson stressed the importance of HPC’s unanimous support of this to Council and if removing condition #12 means that Mr. Fornell will support it, she would be ok with that. Ms. Sanzone agreed that it should be removed. Ms. Pitchford agreed as well. Mr. Moyer did not care whether it was included or not but agreed that HPC needs to be all in agreement on their recommendations to avoid making things more complicated for Council to allow this to happen. Ms. Sanzone thought that the original lot split was a huge incentive to the applicant and was really struggling with the creation of the additional lot and how it will affect the context of the lot including the existing sage brush. She did not agree with staff’s comments that this application is meeting the criteria for a major subdivision. Mr. Haas expressed his concerns with saddling the vacant lot with too many restrictions, which could lead to the whole thing falling apart by losing the value that makes this all possible. Ms. Thompson wanted to make sure the project is viable for the applicant and Mr. Fornell did not want HPC to do something that makes the applicant walk away for their effort. HPC members then worked with Ms. Simon to make suggested edits to the language of the Resolutions and the conditions therein. These included better emphasizing HPC’s recommendation of approval and clarifying the difference between the two lots, as well as other clarifying details. Condition #12 was also removed as part of the edits to conditions. MOTION: Ms. Thompson moved to approve the Resolution with the edits made. Mr. Moyer seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, no; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 6-1, motion passes. Ms. Thompson asked Ms. Sanzone why she objected. Ms. Johnson mentioned that a member does not need to disclose why they voted the way they voted but can if they choose. Ms. Sanzone did not prefer to answer now. Mr. Fornell wondered if there was a threshold by which that vote may change for the benefit of moving to City Council. Ms. Sanzone wondered if she could change her vote to abstained. Ms. Johnson said someone could call for a reconsideration and another vote. Mr. Moyer called for reconsideration. Ms. Thompson seconded. Ms. Sanzone explained that it was hard for her to vote yes on this, and it is inappropriate because she didn’t attend the first meeting or the site visit. She fundamentally had a problem with the subdivision, in 184 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 11TH, 2022 the fact that this lot is getting divided up further. She said we lost the context on the west side with the original lot split a few years ago, and now were losing the rest of it. She had hoped her vote wouldn’t count as the alternate member so that she could say that and feel good about her values and what she feels is important. Ms. Johnson said that if Ms. Sanzone felt that she did not have sufficient information to vote on this, she could always abstain. She said that someone would have to make another motion to approve the Resolution as amended, because things had somewhat reset. Mr. Fornell motioned to approve the Resolution as amended. Ms. Pitchford seconded. Mr. Fornell, yes; Mr. Moyer, yes; Ms. Sanzone, abstain; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 6-0, with one abstention. Motion passes. ADJOURN: Ms. Thompson motioned to adjourn. Mr. Moyer seconded. All in favor; motion passed. ____________________ Mike Sear, Deputy City Clerk 185 HPC Resolution #7, Series of 2022 Page 1 of 4 RESOLUTION #7, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MAJOR DEVELOPMENT REVIEW, RELOCATION, DEMOLITION, AND VARIATION APPROVAL, AND RECOMMENDING CITY COUNCIL GRANT ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, TDR, SUBDIVISION, AND GROWTH MANAGEMENT FOR THE PROPERTY LOCATED AT 949 W. SMUGGLER STREET, LOT 2, VANDEMOER HILL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-122-12-003 WHEREAS, the applicant, Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668, Sterling, Colorado 80751, has requested review of AspenModern Historic Designation and Benefits, Major Development, Relocation, Demolition, Variations, TDR, Subdivision and Growth Management for the property located at 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003; and WHEREAS, the proposal has been deemed to be exempt from the applicability of Ordinance #27, Series of 2021 and Ordinance #6, Series of 2022, ordinances which generally placed a temporary moratorium on residential development, and has been allowed to proceed because land use applications involving voluntary AspenModern landmark designation are specifically permitted to be processed at this time; and WHEREAS, the application was deemed to be complete on March 31, 2022 and is to be reviewed according to the land use regulations in affect prior to the adoption of Ordinance #27, Series of 2021. The date of completeness commenced a code mandated 90 day period for the City to negotiate historic designation with the property owner, which may be extended; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific benefits to secure voluntary historic designation; and WHEREAS, for approval of Major Development, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D of the Municipal Code. In the case of this project, HPC must also apply the Residential Design Standards of Section 26.410.040 to proposed new construction. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Relocation, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and WHEREAS, for approval of Demolition, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.080.A, Demolition of historic properties; and 186 HPC Resolution #7, Series of 2022 Page 2 of 4 WHEREAS, for approval of Setback Variations, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, to recommend Council approval of a TDR, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to recommend Council approval of Subdivision, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and WHEREAS, to recommend Council approval of a Growth Management allotment, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards, sought referral comments from other City Departments with requirements relevant to the proposal, and recommended approval with conditions; and WHEREAS, HPC reviewed the project on April 13, 2022, April 27th, 2022 (site visit), and May 11, 2022, considered the application, the staff memo and public comments, and found the proposal consistent with the review standards. HPC supports the voluntary designation of this property as one of the best and most intact examples of a Chalet in Aspen. This is likely among the first buildings constructed here after World War II and is therefore particularly illustrative of the early spirit of the ski resort. HPC granted approval for Major Development, Relocation, Demolition, and Variations and recommended Council approval of AspenModern designation and Benefits, TDR, Subdivision and Growth Management, with conditions, by a vote of 6 to 0, with one abstention. NOW, THEREFORE, BE IT RESOLVED: Section 1: Approvals HPC supports the application and hereby states the following conditions: 1. HPC recommends that designation will affect the entire property; Parcel A, the Chalet lot and Parcel B, the corner lot. As such, future development of Parcel B is subject to HPC Major Development Review and Residential Design Standards Review. 2. A full waiver of compliance with the Residential Design Standards is recommended for the new home on Parcel A, the Chalet lot, as a negotiated benefit. This house is not designed to relate to Smuggler Street and its character as an alley/back-drop structure is appropriate. 3. HPC recommends the applicant comply with slope reduction on Parcel A, the Chalet lot, rather than asking for a preservation benefit on this topic. 187 HPC Resolution #7, Series of 2022 Page 3 of 4 4. HPC finds that the fence near the entry to the Chalet home is original and historically significant and should remain in place (with maintenance and repair as needed) and should be granted a permanent encroachment license to sit in the public right-of-way. 5. The applicant is asked to continue their excellent regular maintenance of the Chalet and to work closely with the Parks Department to preserve the significant trees adjacent to the home, while also taking note of the impacts of the tree roots and branches continually moving towards the historic structure. 6. For relocation of the chicken coop, a letter from an engineer or housemover demonstrating the structure is capable of withstanding the relocation, a plan for the safe relocation of the building, and a financial assurance in the amount of $15,000 will be required prior to building permit submission. 7. Setback variations are approved on Parcel A, the Chalet lot, for the “chicken-coop” and the proposed new home along the alley. The chicken-coop is permitted a 5 foot east setback where it should have 10 feet. The new house along the alley is permitted a 5 foot rear setback rather than the 10 feet required for proposed below grade space, a second floor deck, and a lightwell. 8. A combined sideyard of 15 feet is permitted on Parcel B, the corner lot, where 25 feet is required. A 30’ front yard setback is required, only above grade. These requirements may be adjusted by an affirmative vote of HPC at the time that development is proposed. 9. HPC recommends one TDR be approved for Parcel B, the corner lot, and that the applicant thereafter forgo 30 square feet of otherwise allowable floor area and restrict the lot to the development of a single- family home of 3,240 square feet. A duplex or other residential structure is only permitted if this condition is amended by City Council. 10. HPC recommends the applicant withdraw the request for deferral of affordable housing mitigation on Parcel A, the Chalet lot, as a preservation benefit. 11. HPC recommends the negotiation of affordable housing mitigation requirements on Parcel B, the corner lot, be left to Council to resolve in their negotiation with the applicant. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be 188 HPC Resolution #7, Series of 2022 Page 4 of 4 deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the 11th day of May, 2022. Approved as to Form: Approved as to Content: __________________ ___________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, HPC Chair ATTEST: _____________________________ Mike Sear, Deputy City Clerk 189 Staff Memo Ordinance #09, Series of 2020 Short-term Rental Regulations May 17, 2022 Page 1 of 15 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Haley Hart, Long-Range Planner Phillip Supino, Community Development Director MEMO DATE:May 16, 2022 MEETING DATE:May 24, 2022 RE:First Reading, Proposed Amendments to the Land Use Code: Ordinance #09, Series of 2022 – Short-term Rentals REQUEST OF COUNCIL: Staff requests City Council review the proposed ordinance regulating short-term rentals (STRs), provide input to staff in advance of second reading, and set the public hearing for June 28, 2022. SUMMARY AND BACKGROUND: In December 2021, Council passed Ordinance #26, Series of 2021, addressing the City’s existing vacation rental program. Ordinance #26 extended existing Vacation Rental Permits, issued as of December 8, 2021, through September 30, 2022. Pursuant to Ordinance #26, Series of 2021 and Ordinance #27, Series of 2021, no new Vacation Rental Permits were issued after December 8, 2021. Council’s action in December of 2021 came as a result of the incredibly rapid expansion of the short-term rental (STR) market. As of December 8, 2021, there were 1319 valid Vacation Rental Permits. Consequently, as discussed above, Council stopped the issuance of new Vacation Rental Permits and directed staff to amend the Land Use Code (LUC) to further regulate the STR market in Aspen. 1 Two considerations have been central to staff’s thinking and work in response to the moratorium. First, that Aspen’s Climate policy goals are central to our analysis of the problems and the development of regulatory responses. Secondly, the Aspen Area Community Plan (AACP) remains as the City’s primary guidance and vision as we work towards solutions to the issues identified in Ordinance #26 and Ordinance #27. These two policy frameworks form the basis for staff’s work under the moratorium to date. Staff and Council have been working together since the fall of 2019 to better understand the STR market. The finance department instituted the MuniRevs STR management system. Permitting and tax compliance increased as a result, and the City has developed 1 It should be noted that the City previously referred to the market and permits as “Vacation Rentals.” The currently accepted term is Short Term Rental (STR). This memo will refer to the program as STRs. 190 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 2 of 15 a new and useful data set around the location, extent, and compliance of STRs. This data has informed Council work sessions around the topic of STRs and assisted staff in more effectively enforcing permitting and tax regulations. On November 16, 2021, staff presented to Council, in a work session, about next steps for exploring further regulations of STRs. At that meeting, Council directed staff to pursue further regulations, specifically looking at the number and location, good neighbor and nuisance policies, permitting, financial compliance, fees, and enforcement. Following that work session and the adoption of Ordinance #26, staff has conducted analysis, stakeholder and community engagement, and contracted with consultants to assist in the development of regulations for Council consideration. To support the development of new regulations, staff has met bi-weekly since February with a Technical Advisory Committee (TAC) to shape staff’s thinking and develop specific responses to elements of the STR regulations. Staff would like to extend our sincere gratitude to the TAC members who have been essential to this process to date: Donnie Lee, Gant Aspen Wendalin Whitman, Whitman Properties Tricia McIntyre, Aspen Luxury Vacation Rentals Joshua Landis, Aspen Real Estate Joy Stryker, Resident Ben Wolff, Frias Properties Valerie Forbes, Sotheby’s Realty Alain Sunier, Resident John Corcoran, Aspen Alps Tracy Sutton, Aspen Signature Properties Michael Miracle, Aspen Skiing Company Ginna Gordon, APD The public engagement process has leveraged the community to inform the development of regulations. Community engagement has included online surveys, an open house, focus group meetings, one-on-one interviews, and public meetings. Included as Exhibit B is the public engagement summary describing the results of the STR public engagement process. Staff work has relied heavily on input gleaned from the engagement process to develop our work product. Staff presented the engagement summary to Council in a work session on May 9th. The STR engagement summary is included as Exhibit B. Process & Review Criteria There are a number of steps prescribed in the LUC for amending the Code. The STR amendments were initiated by City Council in the language of Ordinance 27 and Ordinance 6. The LUC requires approval of a policy resolution to initiate the formal amendment process. That resolution was passed unanimously by Council on March 22, 2022. It includes extensive AACP citations which form the policy basis for the draft amendments developed by staff. The policy resolution in included as Exhibit C. The LUC further requires that the Planning and Zoning Commission serve as an advisory body for City Council, reviewing and commenting on LUC changes before they are presented to Council. Ordinance #09 was presented to the Commission on May 17 th. Commission members made comments and a recommendation, summarized later in this memo. 191 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 3 of 15 When reviewing LUC amendments, there are three review criteria to guide Council’s consideration. The following Review Criteria apply to all Amendments to the text of the Land Use Code: 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A.Whether the proposed amendment is in conflict with any applicable portions of this Title. B.Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. C.Whether the proposed amendment is compatible with the community character of the City and is in harmony with the public interest and the purpose and intent of this Title. The draft ordinance was developed in close consultation with industry-leading planning and legal consultants. Economic Planning Systems (EPS) led the fee study and recommended the fee and tax approach for the regulations based on extensive local analysis and national experience. Design Workshop reviewed the ordinance for best practices alignment, clarity, legal justification, and coordination with other chapters of the LUC and city policy. White & Smith, LLC reviewed the ordinance for legal sufficiency, coordination with other LUC chapters, and best practices alignment. Each has assisted several other communities in the development of STR regulations and brought significant relevant experience and expertise to bear. These industry leading professionals have determined that the draft ordinance is not in conflict with applicable portions of the Land Use Code. They have also determined that the draft ordinance meets the criteria in B – that is a measured, appropriate response to Council’s mandate and supports adopted City policy. Staff finds that the proposed regulations will support community character as articulated in the AACP and by Council. It is for Council to decide whether each of the review criteria is met by the draft ordinance. Staff finds that all review criteria are met. PLANNING & ZONING COMMISSION RECOMMENDATION: At the meeting on May 17th, the Planning and Zoning Commission unanimously recommended that City Council approve Ordinance #09. The commission included in their motion recommendations that Council include a greater focus on visitor education as a means to support city policies and reinforce community culture. The motion also included a recommendation to ensure that the whole of the lodging sector, including STRs and traditional lodging, commit to a greater focus on environmental stewardship as an essential element of Aspen culture and policy. For example, the Commission suggested leveraging in-unit messaging to deliver environmental stewardship messages. The Commission also discussed requiring that visitor accommodations be held to higher standards for solid waste management and 192 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 4 of 15 reduce resource consumption among guests. Staff supports the Commission’s recommendations and, with Council direction, will ensure that the in-unit messaging requirements for STRs include strong environmental messages and information. Staff would require additional direction from Council on how to respond to the Commission’s recommendations as they relate to the large lodging industry. In their presentation, staff highlighted Council’s stated policy objectives for the code amendments and described the process to develop the regulations. The packet and discussion included the findings of the Case Studies Report to support discussion about best practices. Staff presented the complete ordinance, walking the commissioners through how the regulations and STR program would work. The Commission members asked a range of questions, seeking clarity on how elements of the permitting, cap, and non-transferability system would work. No follow-up information was requested by the Commission. ORDINANCE OVERVIEW: The following discussion mirrors the format of Ordinance #09, providing a description of the contents of each section and commentary about their effect. Section 1 – Definitions Part 100 of the LUC contains defined terms for the contents of the LUC. When amending or adding to the LUC, it is important to make sure that defined terms reflect the language and intent of the code and assist users in understanding the meaning behind terms and code language. Ordinance #09 would remove obsolete terms (“Motel” and “Vacation Rental”). It would clean-up the definition of “Hotel” by referring to the Use Categories later in Part 100. Most importantly, the proposed changes introduce new terms to support the new STR regulations. Those new definitions are self-explanatory by the language in the ordinance. Adding them to the code ensures that the new regulations are enforceable and comprehensible. Section 2 – Grandpersoning To ensure the orderly management of current permits and the roll-out of the new permit system for 2023, valid 2021 permits which were extended to September 30, 2022, by Ordinance #26, Series of 2021, would be further extended to December 31, 2022. On the October 1st, staff expects some new permit applications to come in for those permit types exempted from caps (STR-OO and STR-C in commercial and lodge zones). But the bulk of the permitting work will be at the end of the year. This time is important to afford staff and the industry time to learn how to work under the new rules. On January 1, 2023, the new ‘permit year’ would begin and new regulations would take effect. This approach will allow for staff to continue to develop the STR program to manage the new regulations. It will also create predictability for STR owners and operators about their ability to book their unit under their current permit and their eligibility for a 2023 permit when the new regulations take effect. 193 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 5 of 15 Section 3 – Old Regulations This section of the Ordinance would remove the current STR regulations from their location in the LUC. Presently, the STR regulations are nested under “Miscellaneous Regulations”. That may have been appropriate when the regulations were short and relatively minor in the impact. The new regulations are extensive and will need to be easy to locate for hundreds of operators, owners, and residents. So, they are being relocated to their own chapter in Part 500 – 26.530, which is presently a vacant chapter. Section 4 – New Regulations This section formally places the new regulations in Chapter 26.530. The ordinance is formatted to include the entirety of the new regulations as they will appear in the LUC. The chapter is divided into sections (010 – 080). Each section contains elements of the new regulations as identified in the table on contents below the Chapter title. 26.530.010 – Purpose The purpose statement describes for the user the justification for the regulations, their relationship to City policy and existing community conditions, and statements about the STR market generally. 26.530.020 – Applicability Applicability simply states for the user to what activities or land uses the regulations apply. 26.530.030 – Permitting Requirements Central to the system of regulating STRs is the new process for permitting this use in the community. Permits are a tool for the City to govern how, where, when, and by whom STRs operate in the community. This section sets standards by which all STRs must operate. Should an STR not follow those regulations, permits provide the City with a tool to force compliance or restrict one’s right to operate an STR by revoking the permit. All of this is described in subsequent sections of the ordinance. STR permits may only be issued to a natural person, not an LLC or other ownership entity. This is a departure from the current system, where LLCs can hold permits. This change responds to input from Council and the TAC about the need for greater accountability in the STR system. Staff recognizes many properties are owned by LLCs. In those circumstances, the LLC must name a principal or manager or member of the LLC, which has been defined in Ordinance #9 as the ‘qualified owner’s agent, to be the accountable agent. The revised permit application will collect significantly more data on STRs. Permit numbers will be used to track all STRs in the community. The number will be tied to the property address and Pitkin County Assessor parcel ID. The permit will collect unit size, bedroom count, and occupancy data. Tax filings will collect nights rented and average daily rate. Some of this data will be stored in a GIS mapping database and be open to the public. This system will improve enforcement and increase accountability for owners and guests. 194 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 6 of 15 Permits, “Grandpersoning”, & Non-Transferability City Council directed staff to reduce the number of permits in town below the existing number of approximately 1,300. To do so, they established caps on permits in residential zones. (This is further explained later in the memo.) The caps means that there is likely more demand for permits than there is supply. That means a system must be devised to fairly allocate the limited supply. There are two primary ways communities manage the number of STR permits. The first is running a lottery to distribute permits to applicants. The other (which staff is recommending the City of Aspen adopt) is to grandperson (the City is pushing back against historically patriarchal terms by embracing “grandperson” to replace “grandfather”) existing permits, allowing current permittees to maintain their permits until they are abandoned or revoked. Permits may be voluntarily abandoned because a permittee no longer wishes to operate an STR. A waitlist will be maintained for those who wish to apply for an STR permit but who do not currently have one. Permits also contain non-transferability clauses, whereby they may not be transferred to a new owner when a property sells or from one residential address to other. Permits may be revoked for non-compliance with the new STR regulations. The new regulations also include a requirement that a permit be “used” annually. Use is measured by non-zero tax filings. A year’s worth of zero tax filings will result in revocation of an STR-C permit. As there is no cap on STR-OO and STR-LE permits, this regulation does not apply to those types. In any of these scenarios, the number of permits will decrease over time, eventually reaching the capped number. Once the number dips below the cap, the next applicant on the waitlist will be able to obtain a permit. In this way, the permitting system is the lynchpin of the larger regulatory scheme desired by Council. Permit Types Council directed staff to develop a three-permit system to distinguish between different STR types in the community. The permit types are outlined below, along with summaries of the regulations that apply to each. The three permit types recognize fundamental differences between the operations, value, and impacts of the different types of STRs on the community. 1) “Classic” Short-term Rental (STR-C) Short-Term Rental Permit Regulation Policy Outcome No residency requirement available for vacant residential properties Capped in residential zones limit extent and impacts in neighborhoods No cap in commercial/lodge zones allow lodging where appropriate/existing No annual rental night limit act as lodging, support bed base Life-safety compliance guest safety Operational standards support community, reduce impacts AH and Admin Permit Fees higher than STR-OO; mitigate impacts & costs 195 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 7 of 15 The STR-C is intended for properties that serve primarily as lodging and secondarily as a part-time residence home for the owner. The STR-C is limited in number in residential zone districts throughout town (see Exhibit C), but it can operate as an STR for an unlimited number of days per year. These regulations are in recognition of the fact that these homes, without an STR permit, would not function as community housing. They are vacation homes. The STR-C permit allows them to supplement the lodging bed base when not occupied by an owner. The permit fee for these units would be higher than other permit types. Depending on location, the STR-C can be the most impactful in terms of community infrastructure and neighborhood character, as they are disbursed throughout the community. To mitigate these impacts and manage the use throughout town, the number of permits would be capped in residential zones. The permit system, enforcement regime, and operational standards would increase accountability for owners and managers to ensure their property and guests support neighborhood character and reduce and mitigate community impacts. Preliminary estimates from the fee study consultants are that the permit fee would be sufficiently large enough to cover program administration costs and support expanded infrastructure to better serve STRs and the community. Compared to the current regulations, STR-C permitted properties would be subject to expanded life-safety requirements, inspections at the time of permit and as needed thereafter, and enforcement for compliance with life-safety, occupancy, nuisance, and good neighbor regulations. 2) Owner-Occupied Short-term Rental Permit (STR-OO) Owner-Occupied Short-Term Rental Permit Regulation Policy Outcome Primary residency requirement support residents who want to short-term No cap in residential zones use exists throughout community No cap in commercial/lodge zones use exists throughout community 90-day/year rental night limit primary use is residential, STR secondary Life-safety compliance guest safety Operational standards support community, reduce impacts AH and Admin Permit Fees lower than STR-C; lower impacts than STR-C The STR-OO is designed to balance community housing and neighborhood character goals with the desire or need of some primary residents to rent their homes on a short- term basis. Owner-occupied housing units are community housing first, and short-terms rentals that supplement the lodging bed base second. Community engagement has demonstrated that primary residents who short-term do so occasionally, for perhaps 30 days each in the winter and summer seasons. As such staff has recommended an annual rental night limit of 90 days per permit year. Owner- occupants who wish to short-term their properties in excess of the annual rental nights limit (90 days) can do so by applying for an STR-C permit, described above. 196 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 8 of 15 STR-OO permit holders would be subject to the same life-safety, occupancy, operational, and enforcement standards as the STR-C permits. In addition to those regulations, STR- OO permit holders would be required to verify their use of the residence at the permitted location as their primary residence each year at permit renewal. Preliminary analysis by the fee study consultants indicates the STR-OO permit fee would be lower than the STR- C permit fee in acknowledgement of their primary use as a residence and their lower community impacts. 3) Lodging Exempt Short-term Rental Permit (STR-LE) Lodging Exempt Short-Term Rental Permit Regulation Policy Outcome Meets definition of Lodge support existing/traditional lodging No residency requirement owner/operator maintain historical use pattern No zoning caps support existing/traditional lodging No rental night limit owner/operator maintain historical use pattern Existing lodge life-safety standards properties already comply with comm. standards Lodge Operational standards support community, reduce impacts Batch tax and license filings ease administrative burden Admin Permit Fee align with admin. costs and community impacts Lodge Exempt Short-term Rentals (STR-LE) are tailored to specific properties with condominiumized, individually owned units, which also meet the definition of “Lodge” in the Land Use Code. Lodges are required to have centralized, 24-hour on-site management, a variety of amenities for guests, and be purposely built for making transient lodging available to the general public for a fee. This permit would not apply to residential multi-family properties that do not meet that definition. Lodging properties already comply with stricter commercial-style life-safety, occupancy, and operational standards. So, the new STR-C and STR-OO regulations and processes would not apply to these properties. One permit would cover each applicable lodge property, regardless of the number of units on site. STR-LE properties would be permitted to batch-file tax remittances. There would be no cap on the number of STR-LE permits, as the number of eligible properties in the community serves as the natural cap. Zoning Limitations While permitting limits who can operate an STR, zoning limits where they can be located. Council has directed staff to develop caps on the number of permits that can be located in residential zone districts. This approach was also favored by members of the TAC as an effective and defensible means of limiting the number of, and impacts from STRs. Several peer communities around the West have adopted caps as a means to limit the location and intensity of STRs in neighborhoods. Staff presented different scenarios to Council, from 100% of existing permits in each residential zone down to 25% (a 75% reduction) of existing permits. That analysis is included as a table in Exhibit C and a series of maps in Exhibit D. In their May 2nd work session, Council settled on capping STR permits in residential zones at 75% of existing. The specific location of STRs in each residential zone district will not be regulated. With 197 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 9 of 15 the grandpersoning of existing permits, all those existing STRs will be allowed to remain. As permits are abandoned or revoked, the total number of each zone will be reduced until the cap is met. Once the number of permits dips below the cap, the next applicant on the waitlist can apply for the permit. The TAC helped staff and Council understand the difference between disbursed STRs in neighborhoods throughout town and those concentrated in commercial and lodging areas. Disbursed STRs have very different impacts than those concentrated in our commercial and lodge zone districts, requiring more vehicle trips and parking, accommodating larger parties, not utilizing public transit, often requiring more service providers, and demanding higher utility service requirements for larger homes and lots. Those STRs located downtown are close to goods and services, are proximate to transit routes, and adjacent to recreation infrastructure and other amenities. As a result, their impacts are less. To acknowledge this disparity and the important role STRs in and around the commercial core play in supporting the tourist economy, Council has supported exempting STRs in the Commercial, Commercial Core, Lodge, and Commercial Lodge zones from STR permit caps. Exhibit E includes a chart showing the number of STRs in these zones as compared to residential zones, and it shows an analysis of the proportion of condo-hotels to private STRs in those zones. Recognizing that owner-occupied housing may occur almost anywhere in town, STR-OO is exempted from zoning caps. Similarly, STR-LE is not limited by zoning. The only limit to the number and location of both STR types is the criteria for obtaining one of the permits in the first place. 26.530.040 - Permit Procedures and Standards In addition to the requirements of zoning, that it is an allowed use and complies with the cap for the zone, STR permit applications must comply with other standards to ensure they are safe, accountable, and mitigate their costs and impacts to the community. Currently, City STR permits are free. This is despite the significant administrative requirements of managing the program’s permitting, licensing, and enforcement functions. With new regulations, that administrative obligation, and the costs associated with it, will increase. Staff worked with consultants, EPS to identify an appropriately scaled annual permit fee for all three permit types. There will be a different permit fee for each STR type for both affordable housing and administrative costs, commensurate with their impacts. This is further explained in Section 26.530.070 – Fees, below. Many communities require neighborhood noticing for new STR permit applications. Similar to the noticing required for land use applications, these notices would inform neighbors of a pending STR application and afford them the opportunity to comment to City staff. This increases accountability for STR owners and operators. It also recognizes the potential impacts of STRs in neighborhoods and creates a more open process for neighbors of STRs. 198 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 10 of 15 The waitlist for vacant permits in a given zone district is an important tool to support the limited permit model. Once the grandpersoning of existing permits has taken place, the process of attrition (through abandonment and revocation) will unfold over time. At some point, the number of active permits in a zone will dip below the cap. At that point, a waitlist is the fairest way to make that permit available to property owners. 26.530.050 - Occupancy and Operational Standards Occupancy limits are a means to support complimentary STR policy objectives. Limiting the number of guests in an STR supports life-safety protection by ensuring there are not an unsafe number of people staying in an STR. It also reduces the likelihood of an STR creating nuisances for adjacent properties and neighborhoods. Occupancy limits also create more parity between STRs and traditional lodging, which has unit and building occupancy limits already established. For Aspen’s new regulations, staff has recommended to Council that the occupancy limit be two guests per bedroom plus one additional guest. A studio unit is considered a one bedroom for calculating occupancy limits. Research into comparable communities found that industry standard for destination communities is between two per bedroom and two per bedroom plus two additional guests. There are compelling arguments for why plus two additional guests makes more practical sense and responds to market realities. Specifically, that a unit with a sleeper sofa could reasonably accommodate two additional guests. And it is likely that that additional guest would come anyway. A change from the old regulations is that bedrooms or portions of houses may be rented as an STR, with the proper permitting. The current regulations do not allow this. The rationale behind this change is three-fold. First, like the occupancy limit discussion, there are already portions of houses listed as STRs. This change recognizes how the market already functions. Second, with the goal of ensuring STRs support a diverse lodging bed base, allowing bedrooms or internal lock-offs in houses may support bringing to market smaller sized and mid-priced STRs. Finally, the significantly expanded regulations for all STRs ensures that they operate safely and above board, no matter the unit type. Staff anticipates this scenario would apply primarily to STR-OO permits, as STR-C permits will most frequently be issued to vacant properties. Good Neighbor Policies One of the most common and significant complaints from residents about STRs is that the units and their occupants sometimes fail to follow local laws and act as good neighbors in residential neighborhoods. In response, staff will develop a Good Neighbor Guide which all STR operators must make available in their units to all guests. This guide will include material from the Aspen Resort Chamber Association (ACRA), including their “How to Aspen” campaign materials, which are designed to help visitors reinforce local culture and customs and ‘be better tourists’. 199 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 11 of 15 The Good Neighbor Guide will also outline noise, wildlife, trash, and nuisance regulations to which all guests must adhere to. In addition to these materials, in-unit messages about life-safety, public safety and health, emergency preparedness and contact information, will be designed to help guests stay safe and be good neighbors during their stay. The Good Neighbor Guide and related in-unit materials will be developed by staff, in partnership with ACRA and other entities, later this year as the larger STR management program is developed and introduced. 26.530.060 - Enforcement The current enforcement system is complaint-based. Currently, City staff do not actively enforce STR regulations or violations of the municipal code from STRs. With the expanded regulations, it will be necessary to engage in more active enforcement. A key element of this will be unit inspections. New STR permits will require an inspection for compliance with life-safety and other regulations. Inspections may be conducted by city staff thereafter to ensure ongoing compliance. The new regulations will also include a fine schedule and enforcement procedures specific to STRs. The new regulations include a “three-strikes” rule, where three enforcement actions against a permitted STR would result in permit revocation. 26.530.070 - Fees Currently there is no permit fee assessed on STRs. This is despite their significant economic value and the cost associated with the level of service and infrastructure from public agencies to service them. Visitors to STRs spend money in Aspen, and in turn that creates jobs which propels the need for affordable housing. To recover these costs, mitigate the risk of losing labor supply due to lack of affordable housing, align with industry best practices, and continue to sustain and support the tourism economy, Council directed staff to propose a permit fee for STRs under the new regulations. A key element of the three-permit system are fees for each permit type which recognizes their differing impacts and costs to the community. Staff has worked with EPS to complete a fee nexus study for STRs. EPS modeled two fees to recover affordable housing and administration costs generated by STR visitors and program administration. A draft of the report is included as Exhibit D, STR Fee Technical Memo. The affordable housing fee accounts for the number of jobs generated by STR activity in Aspen. The vast majority of jobs created by the services that support STRs in Aspen are at a wage level that do not support the ability to pay free market housing prices. The housing fee is intended to cover the gap between what the employees who service the STR industry in Aspen can afford and the cost to provide affordable housing for those individuals. Two additional factors in the model account for the possibility that a home used as an STR could be occupied by a local resident for a portion of the year. The fee also accounts for the difference between the impact of guest spending in the local economy and the baseline impact of local resident spending, which is accounted for in the STR-OO model. 200 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 12 of 15 The proposed fee framework for STRs includes an administrative fee and an affordable housing fee. The approach is similar to that being developed by EPS in Breckenridge and Vail to respond to their community dynamics around STRs. These fees would be assessed annually on STRs according to the table below. Annual Housing Mitigation Fee per Bedroom 100% Mitigation:65% Mitigation:30% Mitigation: STR-Classic:$5,139 $3,080 $1,540 STR-Owner-occupied:$3,763 $1,510 $750 STR-Lodging Exempt:NA NA NA Table 1: Proposed Housing Mitigation Fee Annual STR Administration Fees per Permit STR-Classic:$268 STR-Owner-occupied:$268 STR-Lodging Exempt:$204 Table 2: Administration Fees Methodology The draft report includes a detailed description of the methodology and EPS’s recommendations. The housing fee nexus study used the IMPLAN model (Impact Analysis for Planning), a jobs-housing impact model, to quantify the relationship between guest spending in Aspen while staying in STRs to the number of jobs generated and the resulting number of employee-households supported by jobs generated. Data for the model was collected from AirDNA, a platform and resource for STR research, the Aspen Lodging Guest Survey performed by RRC Associates from 2014 – 2016, the Bureau of Labor Statistics, the U.S. Census, and the 2019 Aspen Community Survey Results performed by EPS and RRC Associates. The model analyzes data points including the average daily expenditures of guests in Aspen, $1,337 per day, a job multiplier of 1.4 jobs per employee in the City, wages by occupation, an occupancy rate of 37.7% per STR annually, and Area Median Income. The output is a fee that will cover the difference in affordable housing costs for those employees that service the STR industry per STR bedroom. Bedroom is the unit of measure, as the number of bedrooms in an STR translates into the number of occupants and their resulting economic impact and job generating activities. This annualized fee per STR-C bedroom is $5,139. This is the maximum recommended fee to be charged by the city. STR-OO modeling produces a different nexus fee based on the distinction that a STR- OO is limited to 90 annual rental days and runs at a lower occupancy rate of 24.7%. The guest spending profile is also lower because there is a local resident spending factor that is netted out of the guest spending impact. The result is a maximum annual housing fee of $3,763. STR-LE will not be charged a housing fee as these units are traditional lodging not residential units acting as lodging. They are subject to greater impact mitigation tied 201 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 13 of 15 to development activity, and have fundamentally different occupancy, operational, and impact profiles than disbursed, residential STRs. Question for Council What should the mitigation rate and resulting affordable housing fee be for STR-C and STR-OO? Staff requests Council direction as to the percentage of housing mitigation to assess annually on STR-C and STR-OO. While the development of job generation rates has certain requirements and standards, legislators can choose to modulate the impact fee by reducing the mitigation rate for an impact fee below 100%. The City has done this for decades with affordable housing inclusionary requirements and impact fees. Currently, the residential mitigation rate for new construction is 30%. The commercial and lodge rate is 65%. Staff recommends using the mitigation rate to modulate the impact fee below 100%. The EPS report includes analysis showing the annual employee housing fee for STRs at 30% and 65%. Staff recommends Council consider these two rates and direct staff to include a rate below 100% in the ordinance for second reading. The second fee (Table 2 above) is the annual fee per STR that will cover program administration costs. This fee was calculated by combining the costs of departments by FTE to support the administration of the program, inspection of STRs, enforcement, finance, and legal components. Lodge properties do not take the same amount of staff resources that a single residential STR unit takes due to the nature of a commerical property having on site resources such as front desk management, security, and general manager, producing a lower fee. STR-LE administration fees are proposed to be $204 per unit. STR-C and STR-OO administration fees will be $268 per unit. Together, the housing and administration fee are intended to cover the annualized cost of providing both housing to the local workforce supported by guest spending and the cost to administer the STR program by the City. City staff and EPS have accounted for the three STR types and how different fees should be applied based on their impacts. Tables 3 and 4 below show the annual cost for different STR types at different example unit sizes. Table 5 is an estimate of the STR-C revenue under a 100% fee scenario. It is not possible at this time to estimate revenue from STR-OO and STR-LE, because we do not have reliable data on the number STR-OO units that currently exist, nor do we know how many lodge properties would qualify and apply for STR-LE permits. 202 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 14 of 15 Annual AH Permit Cost STR-C Size of Unit: 100% Mitigation: 65% Mitigation: 30% Mitigation: Studio/ 1bd:$5,139 $3,080 $1,540 2.48 bd*:$12,745 $7,638 $3,819 5 bd:$25,695 $15,400 $7,700 *Current average number of bedrooms per STR Table 3: Permit Cost for STR-C Annual AH Permit Cost STR-OO Size of Unit: 100% Mitigation: 65% Mitigation: 30% Mitigation: Studio/ 1bd:$3,763 $1,510 $750 2.48 bd*:$9,332 $3,745 $1,860 5 bd:$18,815 $7,550 $3,750 *Current average number of bedrooms per STR Table 4: Permit Cost for STR-OO Estimated Average Annual Revenue from STR-C* 100% Mitigation: 65% Mitigation: 30% Mitigation: 2.48 bd:$8,487,984 $5,087,174 $2,543,587 *Estimated number of permitted STR-Cs under Ord. #09 is 666 Table 5: Total Annual Revenue It is valuable to put the fee numbers into context. The estimated cost to build a one- bedroom deed restricted AH unit is approximately $1,000,000. To put it another way, affordable housing units cost approximately $611,000 per FTE, based on the last fee in lieu study. While the permit fee revenue projections are significant in size, in staff’s estimation, they are commensurate with the City’s ongoing affordable housing needs and costs. Likewise, EPS’s modeling strongly supports the fees are proportional to their economic and housing impacts. Staff recognizes Council may desire to modulate those fees to ensure their defensibility and alignment with Council goals and City policies. Should Council desire a mitigation rate below 100% of the fee amount, staff recommends using the 30% to 65% range. Staff recommends Council adopt both the administrative and affordable housing fee in Ordinance #09, but that the affordable housing fee include a lower mitigation rate for the AH fee at Council’s discretion. 26.530.080 - Appeals 203 Staff Memo Ordinance #09, Series of 2020 - Short-term Rental Regulations May 17, 2022 Page 15 of 15 Permittees of STRs will have the opportunity to appeal any decisions made by the Community Development Director in the enforcement of Section 26.530. CONCLUSION AND NEXT STEPS: The discussion around STRs as an industry and its relationship to community character and economy has been underway for several years. Since the adoption of MuniRevs and increased regulatory and financial scrutiny of the STR industry in Aspen, the City has learned more about the extent of the industry and its impacts, positive and negative, on the community. In response to this increased understanding, Council acted decisively last December to freeze the number of STR permits and to allow for a comprehensive rewrite of STR regulations. The data collected about Aspen’s STR industry over the last two years, and the extensive research and engagement conducted by staff in 2022 is a direct response to Council’s mandate to more thoughtfully and precisely manage STRs. In this way, Ordinance #09 is the conclusion of a process longer and more in-depth than the moratorium itself. The adoption of Ordinance #09 will also mark the beginning of the process of building a program within Community Development and Finance to manage STRs in accordance with the new regulations. The extension of 2021 permits past the September 30, 2022, deadline to December 31, 2022, will provide STR owners, operators, and staff the time necessary to understand who to work with and administer the new regulations. It will also support market predictability for STR owners, managers, and potential occupants. City staff has begun the hiring process to fill the new STR staff position authorized by Council in the spring supplementals. That individual will take the framework of the ordinance and guidelines and build it into a program in time to begin issuing 2023 permits. Prior to the September 30th deadline, the STR program manager will also bring the STR Program Guidelines to Council for adoption via resolution. FINANCIAL IMPACTS:N/A ENVIRONMENTAL IMPACTS:N/A. ALTERNATIVES: N/A RECOMMENDATIONS: Staff recommends that Council approve Ordinance #9, Series of 2022, on first reading with a determination of a proposed affordable housing fee as Council deems appropriate and that the matter be placed on the agenda for the second reading public hearing on June 28 th. CITY MANAGER COMMENTS: EXHIBITS: Exhibit A – Ordinance #09, Series of 2022 Exhibit B – STR Engagement Summary Exhibit C – Resolution #043, Series of 2020 – Moratorium Policy Resolution Exhibit D – EPS Nexus Study Report 204 Ordinance #09, Series of 2022 Short-term Rental Regulations 1 ORDINANCE NO. 09 (Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE VACATION RENTAL REGULATIONS IN THE CITY OF ASPEN LAND USE CODE. WHEREAS, the City of Aspen (the “City”) is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq.of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and, WHEREAS, Aspen is a tourists destination, attracting tens of thousands of visitors a year in all seasons, visitors which require transient tourist accommodations and participate in and support Aspen’s tourist economy; and, WHEREAS, a variety of tourist accommodations at varied sizes, quality, and price points is essential to supporting the City’s tourist economy; and, WHEREAS,a tourist-based economy such as the City’s requires a sufficient number of employees to provide the services required to serve such an economy. Without adequate workforce housing, a tourist-based economy cannot thrive; and, WHEREAS,to allow for a sufficient number of employees to be hired to provide the services necessary to sustain a tourist-based economy there must be an adequate supply of workforce housing; and, WHEREAS, historically, the long-term rental of residential property, or at least the long-term rental of space within a residential property, has been an important means for providing workforce housing within the City; and, WHEREAS,in addition to the required workforce housing, it is also essential to the continued vitality of the City’s economy that adequate short-term housing be made available to the many tourists who visit the City each year; and, WHEREAS,short-term rentals are extremely valuable to the City’s economy and exist in various locations throughout the City; and, WHEREAS,the operation of a short-term rental in the City is the operation of a business; and, 205 Ordinance #09, Series of 2022 Short-term Rental Regulations 2 WHEREAS,without regulations and limitations on their operation and extent, short- term rentals also have adverse impacts on the character of residential neighborhoods and the availability of long-term housing options; and, WHEREAS, tourist’s visitation, the operation of tourist accommodations, the goods and services demanded by tourists, and the transportation systems required to move tourist to and throughout the community have environmental impacts, measured as Greenhouse Gas Emissions; and, WHEREAS, in keeping with the goal of the City’s Comprehensive Plan to preserve small town character while maintaining livability, the City desires to minimize the negative impacts of short-term rentals on Aspen’s neighborhoods, housing supply, economy, and environment; and, WHEREAS, during the moratorium, adopted Ordinance No. 26, Series of 2021, City staff engaged in a robust public engagement process which included two online surveys regarding community perception of short-term rentals and feelings toward specific regulations; an open house at City Hall which included story boards and an opportunity for feedback; a public work session to discuss the online survey results and expand further into certain topic areas; and research into how other municipalities in Colorado regulateshort-termrentals;and, WHEREAS, the Planning and Zoning Commission received and considered the information gathered through the public engagement process, as well as comments from the public,during a Meeting held on May 17 th, 2022, and voted 4 to 0 to recommend approval of Ordinance #09, Series of 2022 to City Council; and, WHEREAS,on December 12, 2021, City Council adopted Ordinance No. 26, Series of 2021 enacting a temporary moratorium in the issuance of new short-term rental permits until September 30, 2022; and, WHEREAS, at a regular meeting on May 24, 2022, City Council by a __ – __ (_-_) vote, approved Ordinance #09, Series of 2022, approving at First Reading a Code Amendment to Vacation Rental Regulations; and, WHEREAS,the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Section 26.104.100 “Definitions shall” be amended as follows: Condo-hotel. A condo-hotel is a lodging property which meets the definition of Lodge in 26.104.110, Use Categories and in which ownership of individual lodge units has been 206 Ordinance #09, Series of 2022 Short-term Rental Regulations 3 condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38- 33-101, et. seq. Hotel.See definition of Lodge, 26.104.110 Use Categories. Motel.See definition of Lodge, 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a “legal person” for the purpose of assigning certain legal rights. Owner Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner Occupant. For the purposes of permitting specific types of short-term rentals, owner- occupant is a natural person whose principal residence is the City of Aspen residential property or unit for which a short-term rental permit is sought. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/units per bedroom in a short-term rental. Each lodge and short-term rental bedroom shall be considered to have two pillows for each bedroom. For calculating occupancy in short-term rentals, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered to have one pillow. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an Owner- Occupied Short-term Rental Permit holder. Qualified Owner’s Representative. A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen Short-term Rental Permit. For each short-term rental property, there may be only one qualified owner’s representative. All qualified owner’s representatives must have a business license through the City of Aspen. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not short-term rental uses. Vacation Rental. See short-term rental. Section 2. Valid 2021-2022 Permits. 2021 Vacation Rental Permits (2021 VRP) issued pursuant to Section 26.575.020 “Vacation Rentals” on or prior to December 8 th, 2021, shall be deemed to be valid 2022 STR Permits and shall be valid until December 31, 2022. Valid 2022 permits may be renewed annually thereafter, subject to the terms and conditions set forth in this chapter until they are abandoned or revoked in accordance with this chapter. Valid 2022 permits which are 207 Ordinance #09, Series of 2022 Short-term Rental Regulations 4 renewed after December 31, 2022, may not be transferred to owners or properties other than that listed on the 2022 STR permit. Upon renewal, 2022 STR permits issued to a corporation, partnership, association, or company must update the permit application information to comply with the requirements of Chapter 26.530. The number of Short-term Rental-Classic (STR-C) permits as of January 1, 2023, may exceed the cap for zone districts, as defined in Chapter 26.530, until such time as they are revoked, abandoned, or otherwise eliminated. Owner- occupied Short-term Rental Permits and Lodging Exempt Short-term Rental Permits may be issued with the requirements of Chapter 26.530 beginning October 1, 2022. Section 3. Section 26.575.220 “Vacation Rentals” shall be deleted in its entirety. Section 4. Chapter 26.530 “Reserved” shall be deleted in its entirety and replaced with the following: Chapter 26.530 Short-term Rental Regulations Sec. 26.530.010 Purpose Sec. 26.530.020 Applicability Sec. 26.530.030 Permitting Requirements Sec. 26.530.040 Permitting Procedures and Standards Sec. 26.530.050 Occupancy and Operational Standards Sec. 26.530.060 Enforcement Sec. 26.530.070 Fees Sec. 26.530.080 Appeals 26.530.010 Purpose The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen. STRs are an important component of the City’s lodging bed base, support a vibrant tourist economy, and provide real property owners with STR permits significant financial benefit. STRs influence property value and occupancy patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging uses in residential neighborhoods. STRs require services and infrastructure to operate. STRs further reduce the potential availability of long-term rental housing to support the local economy and community. STRs require regulation as a distinct land use to ensure the health, safety, peace, and welfare of the community through the application of zoning police powers. The following regulations support the operation of STRs balanced with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan. 26.530.020 Applicability A. This chapter applies to all STRs in the City of Aspen. STRs are required to obtain a permit in accordance with their type and operation as defined in this section. STRs 208 Ordinance #09, Series of 2022 Short-term Rental Regulations 5 operating without a permit are subject to enforcement as defined in Section 26.530.060 Enforcement. B. It shall be unlawful for any person, whether a principal or agent, clerk, or employee, either for him or herself, or for any other person for anybody, corporation or otherwise, to lease or operate a STR without first obtaining a STR permit in accordance with the provisions and procedures of this section. 26.530.030 Permitting Requirements A.Permits. STRs shall require a permit to operate. Permits shall be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1) Permittee. Permittees must be the property owner of the STR. The permittee is the holder of the permit. The permittee may seek the permit, apply for the permit, and designate a qualified owner’s representative if necessary. The permittee may be a natural person(s), corporation, association, company, or partnership. If the permittee is a member of a corporation, association, company, or partnership, the permit is deemed to be held by the permittee who is a single natural person whose contact information and relationship to the legal ownership entity are included on the permit application. 2) Permit Number.STR permits are issued a unique permit number. That permit number shall be clearly displayed in all advertising and listings of the STR, including but not limited to all digital and print advertising. The permit number must be listed in the STR, along with permittee and/or qualified owner’s representative and emergency contact information as part of the in-unit Community Messaging Program described in the STR Program Guidelines. 3) Permit Application Contents. The following information is required for STR permit applications: the owner(s), or if title to the subject property is held by a corporation, partnership, association, or company, the name and contact information of any officer director or stockholder holding ten percent (10%) or more of the interests in the corporation, partnership, association, or company: property address, Pitkin County parcel identification number, permittee name and contact information, qualified owner’s representative (if applicable) name and contact information, number of bedrooms and pillows in the unit in its largest configuration, size in heated area of the STR residence, and all previous notices of code violations or complaints filed against the property. 4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit lodging and sales tax in accordance with Municipal Code regulations and Finance department policies. The STR Program Guidelines include details about licensing and tax compliance standards and procedures. 209 Ordinance #09, Series of 2022 Short-term Rental Regulations 6 5) Non-Transferability.Commencing October 1, 2022, STR permits shall be granted only for the property for which it is issued and solely to the applicant to which it is issued. The permit shall not be transferable to any other person, legal entity, or residential address. The permit is nontransferable upon sale or other transfer of ownership of the property. Upon such transfer of ownership, the new owner of the property shall apply for a new Short-Term Rental Permit if it wishes to continue the use of the property as a vacation rental. The STR permit shall include a non-transferability clause and the permit shall be revoked automatically upon the sale or change of ownership of the property for which a permit has been issued. B.Permit Types. STRs shall be eligible for one of three permit types: Short-term Rental Classic, Owner-Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The eligibility, requirements, and standards for each permit type are as follows: 1)Short-term Rental Classic (STR-C)– this permit is issued only to residential units located in eligible zones and the approved use of which is not a Lodge use. (Condo-hotel properties must apply for a Lodging-Exempt STR permit.) a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-C permits are subject to the life-safety standards and the operational standards described in this chapter and the STR Program Guidelines. c. There is no annual limit on the number of nights a STR-C permittee may operate the STR unit. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Occupancy for the unit is limited by the standards described in Section 26.530.050. 2)Owner-occupied Short-term Rental (STR-OO)–this permit is issued only to owner- occupied residential units, where the property is the primary residence of the permittee. Part 700 of this Title describes the zone districts where STRs are a permitted use. a. STR-OO rental permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-OO are subject to the life-safety standards for STRs described in this chapter and the Program Guidelines, and who must have two (2) of the following valid documents indicating that the STR is the applicant’s primary residence: i.valid Colorado driver’s license; ii.valid motor vehicle registration; iii.voter registration; iv.Federal or state tax return; or, v.other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. 210 Ordinance #09, Series of 2022 Short-term Rental Regulations 7 3)Lodging Exempt Short-term Rental (STR-LE)– Lodges and condo-hotels which meet the definition of Lodge are eligible for STR-LE permits. a. For eligible properties, only one permit is required for all units under management. b. In addition to the limitations of the definition of Lodge and/or Condo- hotel, Lodging Exempt eligible properties must offer STR units under a unified brand and marketing model where individual ownership of units is secondary to the central brand of the property. c. Lodging Exempt permittees must submit an affidavit attesting to their eligibility. d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210. C.Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STR is not a permitted use, it is a prohibited use. 1) STR-C permits are limited by number in specific zone districts as follows: a. RR: 2 permits; b. R-3: 1 permit; c. R-6: 81 permits; d. R-15: 47 permits; e. R-15A: 8 permits; f. R-15B: 12 permits; g. R-30: 1 permit; h. R/MF: 190 permits; i. R/MFA: 12 permits; j. AH: 9 permits; k. MU: 39 permits; l. NC: 1 permit; m. SCI: 2 permits; n. SKI: 2 permits. 2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1), Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay(LP), Lodge Preservation Overlay(LO). 3) STR-OO are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted use. 4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted or prohibited use. 211 Ordinance #09, Series of 2022 Short-term Rental Regulations 8 26.530.040 Permit Procedures and Standards. Prior to the issuance of a STR permit, the permit application will be reviewed for compliance with the following standards. A.Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which they are located. STR permit applications shall include the Parcel Identification Number and residential address including unit number for the property to ensure compliance with underlying zoning. Zone district STR regulations, including permitted uses and cap limitations, may change over time per City Council action. Possession of a STR permit does not supersede compliance with zone district STR regulations. B.Life-safety Compliance and Inspection. 1) Required Noticing.All new STR applicants shall comply with neighborhood noticing requirements per Section 26.304.060.E.3.b-c, Manner of Notice. 2) Inspections. By signing and submitting a STR permit application, and subsequently being granted a permit, the owner(s) of the property shall consent to inspections of the property by City of Aspen personnel and their agents for the purpose of determining compliance with City Codes, Regulations and Laws. No inspection will be made without first giving the permittee and, if applicable, the qualified owner’s representative, 48 hours’ notice of the inspection. 3) Life-Safety. STRs are required to comply with all applicable life-safety standards in Municipal Code Title 8 and the STR Program Guidelines, as amended from time to time. Life-safety standards including: fire suppression, occupancy limitations, mechanical codes, emergency contacts and procedures, and inspections. C.Qualified Owner’s Representative. STR permits may only be issued to a natural person, who is the owner or member of a corporation or association which is the owner of the property for which the permit is sought. Permittees who cannot meet requirement for regulatory compliance, in-person service, emergency response and other regulations in this title may designate a qualified owner’s representative. A qualified owner’s representative shall be a natural person residing in the Roaring Fork River Drainage area situated in Eagle, Pitkin Garfield or Gunnison Counties, or within the Colorado River Drainage area from and including the unincorporated No Name area to and including Rifle. The qualified owner’s representative is designated by the property owner as the point of contact for the permitted STR. For permittees that designate a qualified owner’s representative, the qualified owner’s representative shall be responsible for responding to tenant and City inquiries, complaints, enforcement actions, and other on-site needs. 1)If a qualified owner’s representative is designated for a STR, the qualified owner’s representative must have a City of Aspen business license. The qualified owner’s representative shall be listed on the STR permit for the property including the qualified 212 Ordinance #09, Series of 2022 Short-term Rental Regulations 9 owner’s representative’s name, entity or company name, telephone number, email address, and physical address. 2)STR permittees who designate a qualified owner’s representative are liable for compliance with applicable Land Use Code and Municipal Code regulations. The qualified owner’s representative is not legally liable for violations of this section or compliance with applicable Municipal Code regulations but is responsible for notifying the permittee when a violation has occurred. 3)The name, address, and telephone number(s) of the qualified owner’s representative, as shown on the STR permit, shall be made available to the Community Development Department, the Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified owner’s representative or permittees’ contact information shall be promptly furnished to the City of Aspen via a revised STR permit application within ten (10) days.Failure of the permittee to provide or update the qualified owner’s representative contact information to the City shall constitute an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement. 4)The permittee, or if designated, the qualified owner’s representative, shall be available 24 hours a day, year-round to ensure that the property is maintained and operated as required by Land Use Code standards and the STR Program Guidelines. The permittee, or if designated, the qualified owner’s representative, shall respond to service or compliance inquiries from occupants and City officials, and shall be available to be at the property within two (2) hours in an emergency. Failure of the permittee, or if designated, the qualified owner’s representative, to respond to a call from a tenant or the Community Development Director within 24 hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement against the permittee. D.Permit Application, Fees, Issuance, Renewal, Revocation, and Abandonment. 1) Application.Permit applications shall be received and processed on a first come, first served basis. The Community Development Director shall deem applications complete based on the requirements of this Chapter and the standards in the STR Program Guidelines. Only complete STR permit applications shall be accepted and reviewed. 2) Fee Payment. Permit fees shall be remitted at the time of permit application and cover the cost of processing the application. Should a permit application be denied, the City shall retain a $200 processing fee and refund the difference to the applicant. 3) Neighborhood Noticing. Upon application for a new STR-C or STR-OO permit, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060.E.3.b- c.Manner of Notice. Permit renewals do not require neighborhood noticing. Permits shall be approved, approved with conditions, or denied following the notice period. STR-LE are exempt from this provision. 213 Ordinance #09, Series of 2022 Short-term Rental Regulations 10 4) HOA Compliance.Permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate a STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application. 5) Issuance. Permits shall be approved, approved with conditions, or denied within 21 working days of the closure of the notice period described above. The Community Development Director may issue permits with conditions based on review of the permit application and public comment. The review and issuance period for individual permit applications maybe extended at the direction of the Community Development Director. 6) Waitlist.Once the permit limit is reached for each zone district, applicants will be placed on a waitlist for the next available permit in the order in which the application was received. A waitlist applicant shall be a natural person. The residential address included in the waitlist application must match the residential address for which the subsequent permit is issued. Applicants who sell the property for which the permit is sought shall be removed from the waitlist. As permits become available, waitlist applications shall be reviewed and approved, approved with conditions, or denied. If the property has been found in violation of this Chapter during the waitlist period, the application shall be denied. 7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR Program Guidelines. Failure to renew a permit within fourteen days (14) of the permit expiration date shall result in the abandonment of the permit. 8) Tax Filing.STRs must be occupied by a short-term renter a minimum of once per year, as shown in tax filings to be eligible for renewal. Permits with one year of zero tax filings from the date of permit issuance or renewal will be considered abandoned and be processed in accordance with the standards in this chapter. 9) Abandonment. STR-C and STR-OO permits shall be valid for one year from the date of issuance and shall be renewed annually. Failure to renew a permit in accordance with the STR Program Guidelines will result in the abandonment of the permit. STR permits may be abandoned by permittees at any time by notifying the Community Development Director of the intent to abandon the permit. Abandoned permits will be made available to the next applicant on a first-come, first-served basis or the next applicant on the waitlist for that zone district in accordance with the STR Program Guidelines. STR-LE are exempt from this provision. 10)Revocation. STR permits may be revoked by the Community Development Director for any of the following reasons: three violations of the requirements of this chapter and applicable Municipal Code standards as described in the STR Program Guidelines, failure to rent the property during the term of the permit, failure to pay STR taxes and fees, or violations of the requirements of this section. 214 Ordinance #09, Series of 2022 Short-term Rental Regulations 11 26.530.050 Occupancy and Operational Standards. Prior to the issuance of a STR permit, the permit application will be reviewed for compliance with the following standards. A.Occupancy Limits and Unit Size. STRs are limited to a total occupancy of two occupants per bedroom plus one additional occupant. Permit applications are required to list the number of bedrooms in the unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit application and for compliance with these occupancy requirements. For the purpose of establishing unit occupancy, a studio dwelling is a one bedroom. Occupancy for each STR shall be included in all STR advertising, the in-unit messaging, and permit on display in each permitted STR. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. B.Annual Rental Night Limits. STR-OO are limited to 90 rental nights per year from the date of permit issuance. There is no annual limit on the number of nights per year a STR-C can be rented. There is no annual limit on the number of nights per year a STR-LE can be rented. C.Good Neighbor Guide. STRs are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community and supporting the maintenance of community character and values. STR owners and permittees are required to assist STR occupants in being ‘good neighbors’ by recognizing their obligation to following the rules and customs of the community. To support these community goals, the Community Development Department maintains the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non-governmental organizations to promote good neighbor behavior by visitors. 1) STR-C and STR-OO permittees, and if designated, their qualified owner’s representatives must comply with the policies described in the City of Aspen Good Neighbor Guide and provide that information at all times to occupants of the unit. 2)In-unit messaging is essential to assisting STR occupants in supporting the City’s good neighbor policies, ensuring STRs in neighborhoods support community character, and assisting in the promotion of Aspen’s community character. The following notices shall be posted in a conspicuous location inside the rental unit: i.A copy of the STR-C or STR-OO permit, ii.STR license and business number, iii.The name, address, and telephone number(s) of the owner or qualified owner’s agent, iv.A statement which reads: Occupants shall comply with the City’s Noise Ordinance, v.The location of the required parking spaces, vi.Wildlife protection policy, 215 Ordinance #09, Series of 2022 Short-term Rental Regulations 12 vii.The location of the fire extinguisher, viii.Information on the trash, recycling, and composting programs including: a. Solid waste pickup schedules; b. Guidelines on living with wildlife and instructions for operating wildlife containers; and c. A notice that trash and recycling containers must be stored indoors except between 6:00 AM and 6:00 PM on the day of scheduled trash or recycling pickup, where they may be placed at the curbside or in alleys. ix.City of Aspen emergency services information and contact information, x.The City of Aspen’s Good Neighbor Guide D.Adoption of and Compliance with STR Program Guidelines. The City Council hereby adopts the Short-term Rental Program Guidelines. The Community Development Department shall keep on file and make available to STR permittees, and if applicable, qualified owner’s representatives. These guidelines set forth the standards, procedures, and supplemental information necessary for the operation of a STR within the City of Aspen. The Community Development Director may use the guidelines as a basis for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be updated, amended, and expanded from time to time byCity Council Resolution. 26.530.060 Enforcement. The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. STR permittee, and if applicable, qualified owner’s representative, play an essential role in supporting and advancing these policies and supporting the City’s enforcement activities. A.Complaints. Any valid complaint received regarding the STR property will first be referred to the permittee, and if applicable, qualified owner’s representative for response and correction. The Community Development Director will follow up with any complaining party, the permittee, and if applicable, qualified owner’s representative, for compliance or resolution. The permittee or qualified owner’s representative must respond to all complaints or inquiries from City officials within 24 hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for complaints against a HOA, hotel, or condo-hotel’s own guidelines outside of the City’s code, rules and regulations. Failure to respond within 24 hours shall result in a notice of violation and demand to cure. All valid complaints will be recorded and kept on-file including the address, permittee, permit number, business license number associated with the complaint, and the complainer’s name and contact information. B.Enforcement and Penalties. Upon receipt of a compliant, the Community Development Department shall investigate and if it is determined there are grounds to believe a violation of this Chapter or any STR rules and 216 Ordinance #09, Series of 2022 Short-term Rental Regulations 13 regulations may have occurred, the Community Development Director may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STR permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1) year permit cycle, effective upon mailing notice to the permittee’s address on file. The permittee may appeal the decision to revoke the STR permit by providing notice of appeal to the Community Development Director within fourteen (14) days of the date of the decision to revoke the permit. The Administrative Hearing Officer shall hear appeals brought pursuant to this section (B). Appeals shall be governed by the procedures set forth in Section 26.316.030. 1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five-hundred dollars ($500). Each day of any violation of this section shall constitute a separate offense. 2) Civil Remedies. a.The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of this Title. b.In addition to the penalties and remedies set forth herein, an STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of this Title by the permittee of the property subject to the permit within the one (1) year. c.Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a ten percent penalty for costs of collection. Any lien placed against the property pursuant to this Chapter shall be recorded with the Pitkin County clerk and recorder. 26.530.070 Fees. STR permits are assessed an annual fee, remitted at the time of permit application, in accordance with the following table. STR affordable housing fees are assessed on a per bedroom basis, where studio units are a one bedroom. The total fee for an STR includes the affordable housing fee per bedroom, as applicable, and the administrative fee. Affordable Housing Fee per Bedroom Administrative Fee STR-Classic:$5,139 $268 217 Ordinance #09, Series of 2022 Short-term Rental Regulations 14 STR-Owner-occupied:$3,763 $268 STR-Lodging Exempt:NA $204/unit Table 1: Fee Schedule 26.530.080 Appeals. Permittees may appeal decisions made by the Community Development Director in the enforcement of this chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020.D. Appeals shall be processed in accordance with Section 26.316.030. INTRODUCED AND READ,as provided by law, by the City Council of the City of Aspen on the 28th day of June 2022. Attest: _________________________________________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this _____ day of ______ 2022. Attest: _____________________________ ____________________________ Nicole Henning, CityClerk Torre, Mayor Approved as to form: _____________________________ James R. True, City Attorney 218 OUTREACH SUMMARYMAY 9, 2022ASPEN CITY COUNCIL UPDATE219 DATA ANALYSIS INITIAL DATA FINDINGSCASE STUDY ANALYSISDATA FINDINGSINITIAL DRAFT POLICY IDEASPOLICY DRAFTINGPOLICY DRAFTINGIn December 2021, Aspen City Council approved Ordinance No. 26, Series 2021, a temporary moratorium on the issuance of new vacation rental permits (also known as short-term rental permits). During this time, and again in April 2022, an additional moratorium was instated on the issuance of residential building permits (Ordinance 27, 2021, and Ordinance 6, 2022). The moratorium on residential building permits is scheduled until June 8, 2022, and the moratorium on short-term rental (STR) permits extends until September 30, 2022. While residential building and short-term rentals are intertwined, the City facilitated two unique outreach campaigns, one for each focus area. Shaping Aspen’s Built Environment is an overarching outreach campaign that dives deep into STR and residential building activity in Aspen.This report is specifi c to STRs.Shaping Aspen’s Built Environment was in response to the moratorium and explores solutions that will improve regulations and respond to specific themes that correlate with STR activity, specifically in mountain communities throughout the United States. These themes include:PROJECT PLANNINGJAN2022ENGAGEMENT PLAN DEVELOPMENTFEB2022TECHNICAL ADVISORY MEETINGS BEGIN1X1 INTERVIEWS BEGINAPR2022CITY COUNCIL DISCUSSIONSMAY2022CITY COUNCIL DISCUSSIONSSTR MORATORIUM ENDSOPEN HOUSEADOPTED ORDINANCES PROPOSEDDATA FINALIZATION AND POLICY UPDATESSEPT2022The chart below illustrates concurrent project planning eff orts and data analyses with arrows indicating where data, information, outreach results and community discussions are informing project components.1PROJECT PHASING AND DATA ANALYSIS FLOW CHARTOUTREACH SUMMARY: PROJECT PLANNING AND SCHEDULE• Zoning• Good Neighbor Policies• Operational Standards & Enforcement• Life Safety• Permitting• FinancialsPROMISE TO THE PUBLIC: Utilizing values and ethics from the International Association of Public Participation (IAP2) - which defines the development context, promise to the public, and how feedback would be put into action – the project team drafted a public engagement plan outlining goals and objectives, as well as anticipated stakeholders, engagement levels, and how best to communicate with them. The engagement approach focuses on:• Informing the community-at-large (public) of the project by providing balanced and objective information to assist them in understanding the “problem”, what alternatives may be appropriate, and what opportunities and/or solutions there might be to address change to current City policy.• Consulting with internal and external stakeholders to obtain feedback on current process successes and barriers, data analysis, policy alternatives, and involve them throughout the process to ensure their concerns and aspirations are consistently understood and considered.• Involving technical advisors on specific discrete policy questions that can further the data analysis and proposed code changes.PUTTING FEEDBACK INTO ACTION: The project team identified the need to work diligently to summarize engagement initiatives and findings in real-time to provide for a continuous information loop in and out of the policy development process to:• Set clear expectations with stakeholders and the community on engagement activities and how their feedback will be considered or incorporated in the policy development process.• Provide status updates through Aspen Community Voice and make engagement summaries readily available to the public.ENGAGEMENT SUMMARY #1220 Public engagement focused on facilitating dialogue about an aspirational vision for the community. A variety of mechanisms and tools were used to share information including one-on-one discussions with community members, focus groups, questionnaires, and public drop-in events. The project team created a webpage on Aspen Community Voice that hosts project information, outreach opportunities, key project dates, events, meeting registrations, and documents for review. Through a series of online tools on Aspen Community Voice and questions developed for technical stakeholders and community members alike, the project team gathered data points to assist Aspen City Council and staff in furthering project discussions around our STR themes: • Zoning• Good Neighbor Policies• Operational Standards & Enforcement• Life Safety• Permitting• FinancialsThese discussions, held both in-person and virtually, began with the launch of Aspen Community Voice on February 8, 2022, and continued with focus group sessions and publicly available questionnaires between February and April, and an Open House on April 6, 2022. Each tactic offered a different style of discussion with the project team: • Questionnaires(Consult) – Gauge public interest and concerns,as well as obtain public feedback on the direction of policydevelopment.• 1x1 Discussions (Consult) – Intentional meetings with passionate,invested, and/or expert parties to better understand existingconditions, opinions, and trends, as well as concerns andaspirations, and provide feedback on the process.• Focus Groups (Collaborate) - Data- and values-driven conversationswith technical advisors based upon initial data fi ndings and policyquestions pertaining to discussion points outlined above.• Open House (Consult) - Information sharing and values-basedconversations based upon community members experiences livingand working in Aspen.OUTREACH SUMMARY: SCHEDULE AND ACTIVITIESENGAGEMENT ACTIVITIES COMPLETED TO DATE2The activities listed below illustrate distinct engagement activities that included technical stakeholder meetings, one-on-one interviews, two questionnaires,, an open house and presentations between January 25 and April 30, 2022. In total, there were approximately 760 participants across Aspen Community Voice (656), one-on-one interviews (11), technical stakeholder advisory group members (12), Aspen Chamber Resort Association (ACRA) and the Aspen Board of Realtors (ABOR) technical stakeholder meeting (~15), and the April 6, 2022 Open House (70).123MONDAY, MARCH 3, 2022Members from ACRA and the ABOR gathered to discuss STR activity in Aspen as it pertains to the lodging and real estate industry. 4TUESDAY, MARCH 17, 2022Members from ACRA and the ABOR gathered to discuss STR activity in Aspen as it pertains to the lodging and real estate industry. 5TUESDAY, MARCH 28, 2022Members from ACRA and the ABOR gathered to discuss short-term rental activity in Aspen as it pertains to the lodging and real estate industry. 678-18192021THURSDAY, APRIL 7, 2022Members from ACRA and the ABOR gathered to discuss STR activity in Aspen as it pertains to the lodging and real estate industry. WEDNESDAY, APRIL 6, 2022Public Open House event at City Hall from 4-6pm to collect feedback about the future of STRs in Aspen.TUESDAY, JANUARY 25, 2022Community Development Director presented to ACRA on the status of the moratorium and collected feedback from ACRA board members. TUESDAY, FEBRUARY 8, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: STRs and online engagement activities.MONDAY, FEBRUARY 17, 2022The Technical Advisory Group is comprised of 12 community members that represent their technical area of expertise in the community. Members gathered to discuss STR activity in Aspen as it pertains to the lodging and real estate industry. MONDAY, FEBRUARY 28, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: STRs Questionnaire #1.FEBRUARY-APRIL, 2022Stakeholder interviews (11) to learn more about the current state of STRs, as well as concerns and recommendations for potential solutions. APRIL 19-29, 2022Launch of Aspen Community Voice Shaping Aspen’s Built Environment: STRs Questionnaire #2. 22TUESDAY, APRIL 26, 2022Community Development Director presented on the status of the moratorium and collected feedback from ACRA and ABOR members. 221 OUTREACH SUMMARY: COMMUNICATIONS AND PARTICIPATION3In order to meet the goals outlined by the project team, it was important to employ a variety of tactics to inform the public about how they could get involved in the engagement process, share their voice, and shape the future of STR activity in Aspen. Communication channels included: Aspen Community Voice (AspenCommunityVoice.com), Aspen Daily News advertisements, Aspen Times advertisements, Twitter (@cityofaspen), Facebook posts, events, and advertisements, Instagram, newsletters (ACRA, Colorado Conversations, and Community Development Updates), targeted email invitations (200+), Aspen 82 interviews, CGTV advertisements and media releases. Engagement activities and events included two (2) presentations to ACRA, one (1) Technical Stakeholder Meeting (ACRA and ABOR), eleven (11) one-on-one interviews, five (5) Technical Advisory Group meetings, one (1) Open House, two (2) online questionnaires on Aspen Community Voice, and receipt and response to 35 emails and inquiries.This coordinated communications and outreach initiative was intended to maximize information shared with the community and clearly identify opportunities for community members to engage with the project team both in-person and virtually. In total, there were: 15011x17 Posters placed in venues between Basalt and Aspen6,404Targeted event mailers for the April 6, 2022 Open House141 DAYSContinuously running digital ads in Aspen Times and Aspen Daily News159K+Digital ad impressions between Aspen Times and Aspen Daily News214New registrations on Aspen Community Voice platform562‘Engaged’ Visitors to the Shaping Aspen’s Built Environment + project page2.8KVisits to the Shaping Aspen’s Built Environment + STR project page322Largest number of visitors to ACVproject pages in one day~760Total participants across surveys, interviews, advisory groups, and the open house70Participants at the April 6, 2022 Open House at City Hall12Technical Advisory Group members that attended five (5) meetings656Project questionnaires taken on Aspen Community Voice 222 OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKZONINGTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.RESIDENTIAL ZONE DISTRICTS SHOULD BE TREATED DIFFERENTLY THAN COMMERCIAL AND LODGING DISTRICTS WHEN PERMITTING LOCATION OF STRS. 1ALLOW MARKET DEMAND TO DETERMINE HOW MANY STRS ARE PERMITTED PER ZONE DISTRICT. 2ALLOW MARKET DEMAND TO DETERMINE WHERE STRS ARE LOCATED THROUGHOUT ASPEN. 3In the first STR questionnaire hosted on Aspen Community Voice, 227 participants ranked their preference on where STRs should be permitted based on zone district. Most respondents felt that STRs should first be permitted in the Downtown Core, then lodge districts, then West End neighborhoods, then East End neighborhoods, followed by Cemetery Lane residential neighborhoods, then finally, residential neighborhoods outside of the roundabout. SHORT-TERM RENTAL ZONE DISTRICT PREFERENCES4DOWNTOWN CORE LODGE DISTRICTSMIXED-USE DISTRICTSWEST END RESIDENTIALEAST END RESIDENTIALCEMETERY LANE RESIDENTIAL1( THEY SHOULD NOT BE ALLOWED AT ALL)7(THEY SHOULD BE ALLOWED)65432OUTSIDE THE ROUNDABOUTBelow is a summary of high-level findings from discussions (Aspen Community Voice, Interviews, Focus Groups and an Open House) on STR activity in Aspen. General engagement opportunities were presented in various mediums, such as virtually and in person, to aid in access for participants to engage in the process. Of note was the availability of technical experts to have rich and intentional conversations with participants in order to attain high-quality qualitative and quantitative data to support ongoing analyses and case study work. Key findings do not represent consensus but rather indicate either a majority response or important discovery through conversations with technical stakeholders and community members.Regulating STRs in commercial and lodge zones differently from residential zones can create certainty in zoning and the land use process, as well as ensure that lodging development is compatible and appropriate within the context of the neighborhood. Allowing market demand to determine where and how many STRs are permitted per zone district increases the likelihood that residential zones will become increasingly attractive for STRs, impacting community character and livability. For example, in Park City, Utah, only 32.6% of all housing units (10,440 total) are occupied. Vacant seasonal and recreational housing units have nearly doubled since 2000 to 6,750 units, and Park City is the only city in Utah where the number of jobs (11,000) out numbers the population (8,500). Zoning regulations and affordable housing policies can help mitigate some of the impacts STRs have on housing, infrastructure, and other community impacts. In Durango, Colorado, only 39 STRs are allowed in residential zone districts to keep the majority of STRs in the commercial core. STRs are permitted in the central business, mixed-use, and selected planned development zones. The intent in having a small cap in residential zones is to focus on neighborhood preservation, quality of life, and housing preservation.Questionnaire #1: Rank your preference for where you believe short-term rentals should be permitted based on zone district:223 77224599555871991768Traffic and ParkingTrash and Wildlife SafetyNeighborhood Impacts (ex: Noise, Crowding) Over TourismTax Fairness (Ex.: Property Tax Increases, Loss of Local HousingCompetition to Traditional Lodging in TownOther (please specify)GOOD NEIGHBOR POLICIESSTRS OWNERS AND MANAGEMENT COMPANIES SHOULD USE IN-UNIT MESSAGING ABOUT HOW GUESTS CAN BE GOOD NEIGHBORS AND SUPPORT COMMUNITY VALUES. 4HAVE ONE STANDARD SET OF GOOD NEIGHBORHOOD POLICIES THAT ALL STRS ABIDE BY. POLICIES WOULD INCLUDE RULES ABOUT NOISE, TRASH, WILDLIFE, PARKING, TRANSIT, ENVIRONMENTAL STEWARDSHIP, AND RESPECT FOR THE COMMUNITY. 5WHEN VISITING ASPEN, RESPECTING AND EMBRACING OUR COMMUNITY CHARACTER, ETIQUETTE, AND UNIQUE MOUNTAIN STYLE IS WELCOMED, APPRECIATED, AND NON-NEGOTIABLE. 6In the first STR questionnaire hosted on Aspen Community Voice, more than 200 participants ranked their areas of greatest concern regarding STRs in Aspen. Loss of local housing was ranked #1, neighborhood impacts such as noise and crowding was ranked #2, and traffic and parking followed in closely at #3. The landscape of Aspen is changing, and it is a priority for our community to invest in maintaining our mountain views, small-town community character, and historical heritage. When visitors come to our area, the community appreciates when visitors invest in our community and embrace all that Aspen has to offer, our mountain town values, culture, and lifestyle. A group of technical advisors knowledgeable about best practices in lodging and STR industry, particularly in mountain towns, has met regularly with City of Aspen staff to discuss the future of STRs in Aspen. The group emphasized the need for good neighbor policies that all STR owners and renters abide by to solve for some of the nuisance complaints submitted by community members in regard to STRs. Those policies would also help visitors be a part of the community. For example, visitors often don’t know how important it is to lock their trash. In 2021, Aspen Police received more than 300 reports of bear OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.GREATEST AREAS OF CONCERN 5activity, mostly because bears were getting into trash or other food sources that weren’t properly stowed. This is a 20% increase from the year prior. The Aspen Police Department also responded to nearly 200 calls for disorderly conduct and harassment.In Salida, Colorado, STRs are only granted to ‘bona fide residents’ or their designated agents who are certified Chaffee County residents. A ‘bona fide resident’ means the applicant must show two of the following: a valid driver’s license or Colorado identification card, current voter registration, valid motor vehicle registration, or a document designating a primary residence for income tax purposes. The hope is that the concerns posed by STRs will be mitigated and neighborhoods and quality of life will be preserved since those operating businesses in Salida are those who live and invest in their local community.Questionnaire #1: Please check your three areas of greatest concern regarding short-term rentals in Aspen? (Other please specify):224 INITIAL OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKOPERATIONAL STANDARDS & ENFORCEMENTTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.ACTIVE ENFORCEMENT OF STR REGULATIONS IS NEEDED. 7RESIDENTS AND STR OPERATORS SUPPORT PENALTIES FOR FREQUENT VIOLATIONS OF REGULATIONS. 8STRS MUST HAVE QUALIFIED, LOCAL ACCOUNTABILITY FOR THE MANAGEMENT OF UNIT. 9The 245 participants who responded to the first STR questionnaire hosted on Aspen Community Voice provided more than 400 comments related to STR activity in Aspen. Nearly 10% of these comments and questions were related to enforcement, with some participants remarking that regulations without enforcement will be broken and the City’s current resources, specifically the Aspen Police, should focus on local needs rather than responding to nuisances from STR visitors. Further, those who do not adhere to established regulations should have their STR permit revoked. Noncompliance to STR regulations can lead to issues with responsiveness in emergency situations and a lack of clarity on the owner of the unit if nuisances occur during a visitors stay and a compliant is made. In Aspen, lodges generally have 24-hour, seven days per week, on-site management. STRs, however, are typically managed or rented by off-site entities including property management firms or real estate agents. The reduced availability of services and longer response times create burdens for service providers and increase the likelihood of safety and regulatory compliance issues from STRs. ADHERENCE TO REGULATIONS6OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKPrior to the adoption of Santa, Fe, New Mexico’s current STR policy, 40% of STR owners were noncompliant with the previous policy. In the new policy, Santa Fe responded to these issues by adopting policy that requires STRs to have a local operator who can arrive at the rental within an hour to response to issues and daily fines against violations. The Town of Crested Butte, Colorado, has a full-time staff member dedicated to overseeing Crested Butte’s STR permitting process, financial compliance, and enforcement. Part of their enforcement includes revoking permits for STRs that are noncompliant and issuing liens on the properties until compliance is met.225 LIFE SAFETYINCLUDE A PERMIT NUMBER AND LOCAL CONTACT OR OWNER REPRESENTATIVE IN STR LISTINGS, AS WELL AS POST THEM ON THE PROPERTY. 10STR OPERATORS AND OWNERS WANT TO COMPLY WITH LODGING APPROPRIATE LIFE-SAFETY STANDARDS. 11LIMIT UNIT OCCUPANCY. 12When asked in the first STR questionnaire hosted on Aspen Community Voice if the City should make a distinction between lodge (condo-hotel) properties and residential properties or units, participants stated that residential properties should primarily serve our local community and exist in residential districts for the wellbeing of our community and character. Since lodges operate under certain regulations and operational standards to monitor noise, wildlife, safety, service concerns, STRs should do the same. More people are coming to Aspen to visit. In a report provided by the Aspen Chamber Resort Association (ACRA), paid occupancy rose in the summer months (May-October) from 44.2% in 2020 to 65.6% in 2021. When asked in the first STR questionnaire hosted on Aspen Community Voice what respondents viewed as the greatest benefits to having short-term rentals in Aspen, more visitors in town was the least beneficial outcome. With more people comes more responsibility to keep our residents and visitors safe. Instituting occupancy restrictions can help manage the number of visitors coming to our community, as well as ensure proper safety measures are met for those who are visiting. Occupancy restrictions also reduce neighborhood nuisances and impacts from STRs. In Breckenridge, Colorado, occupancy restrictions are a key tool for managing STR impacts. There is a two person per bedroom occupancy limit and STRs cannot advertise for more than what the occupancy maximum is. Through the financial regulatory tool, LODGINGRevs, the City can enforce these restrictions. Under current regulations in Aspen, the requirements for lodges to ensure the safety of their guests, provide for a quality visitor experience, and contribute to Aspen’s efforts to facilitate a sustainable economy and maintain sustainable community infrastructure, are significantly more rigorous than those required of vacation rentals. For example, traditional lodges are required to mitigate for job generation and affordable housing, support transit systems, offer parking for all visitors, and meet higher building code life safety standards. INITIAL OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.THREE GREATEST BENEFITS OF SHORT-TERM RENTALS7OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKEXPANDED AND DIVERSIFIED LODGING BED BASEREVENUE FOR PROPERTY OWNERSINCREASED TAX REVENUEINCREASED ECONOMIC ACTIVITYMORE VISITORSOTHER (PLEASE SPECIFY)060801004020120140Questionnaire #1: What do you view the three greatest benefi ts of short-term rentals to be in Aspen?226 PERMITTINGCREATE DIFFERENT PERMITS TO DISTINGUISH BETWEEN DIFFERENT PROPERTY TYPES. 13COLLECT RELEVANT UNIT AND OWNER DATA ON PERMIT APPLICATIONS TO PROVIDE IMPORTANT DATA TO MARKET PARTICIPANTS, SUPPORT GREATER MARKET UNDERSTANDING, AND REGULATORY ENFORCEMENT. 14EXISTING PERMITS SHOULD BE GRANDFATHERED TO CURRENT PERMITTEES AND ATTRITION SHOULD BE USED TO REDUCE THE NUMBER OF PERMITS. 15When asked in the first STR questionnaire hosted on Aspen Community Voice if the City should make a distinction between owner-occupied and non-owner-occupied STRs and have different regulations for owner-occupied than for nonowner-occupied, 42% of 243 participants responded “yes”, while 58% of participants responded “no”. Per the City of Aspen’s Land Use Code, the use of STRs is allowable in all lodging, commercial, and residential zones. This is to say, there are few restrictions or regulations on where STRs can be located and no restrictions on the number allowed in the lodging, commercial, and residential zones. The number one way that mountain communities around the country are regulating STR operations is through a permitting system. Those in favor of instituting different regulations commented that non-owner-occupied STR permit holders tend not to be residents and are less invested in the wellbeing of the Aspen community. In addition, those who operate their homes as a business should be subject to the same regulations as a commercial lodge. Those against differentiating permits between non-owner-occupied and owner-occupied STRs expressed that property owners should be able to manage their properties without government oversight and subsize the cost of the property by renting it out for additional income. Further, regardless of regulations, respondents felt neither owner-occupied homes nor non-owner-occupied homes are likely to be affordable housing options for locals but do offer additional opportunities for tourism. Also, the distinction could affect the resale value of a property and be difficult to enforce. In the second STR questionnaire hosted on Aspen Community Voice, the City asked participants if they think it best to grandfather existing permits and use attrition to arrive at the capped limit of issued permits OR use a lottery to arrive at the capped limit. 61.2% of respondents chose attrition.OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.TYPES OF PERMITS AND ONGOING TRACKING8LOTTERY030025020015010050ATTRITION Questionnaire #2: Q1 - Do you think it best to grandfather existing permits and use attrition to arrive at the capped limit over time OR use a lottery to arrie at the capped limit?227 OUTREACH SUMMARY: KEY FINDINGS AND PARTICIPANT FEEDBACKFINANCIALSTHEME KEY FINDINGSPARTICIPANT FEEDBACKNO.ASSESS A PERMIT FEE THAT ALIGNS WITH STR PROGRAM ADMINISTRATION COSTS AND COMMUNITY IMPACTS. 16PREFERENCE FOR A TAX (WHICH IS SCALABLE PER UNIT) OVER AN IMPACT FEE (WHICH IS A SET COST). 17When asked in the second STR questionnaire hosted on Aspen Community Voice whether respondents thought that Aspen City Council should approve a new short-term rental specific tax to mitigate for community and environmental impacts, 60% of partcipants said “yes”.Prior to Santa Fe, New Mexico adjusting its STR regulations and tax structure, only 60% of its 1,444 active whole-unit STRs were registered with the City, which cost the City $1.6 million each year in missed revenue. On average, research demonstrated that the owners of STRs were making over $80,000 per host per year. Santa Fe has since instituted regulations and enforcement for STRs that are noncompliant, making them subject to a fine of $100 per day for a first violation, increasing up to $500 per day for further offenses. In Aspen, there are currently 1,246 registered STRs. Prior to the moratorium, STR permit holders were not required to pay a fee with their annual application. However, all lodges, including STRs, are subject to a 2% lodging tax that is used to support destination marketing (75%) and local transit services (25%). When asked in the second STR questionnaire hosted on Aspen Community Voice what community benefits could be supported by an STR tax, affordable housing rose to the top, followed by infrastructure and then the Climate Action Fund. SHORT-TERM RENTAL IMPACT MITIGATION9No40%60%YesAFFORDABLE HOUSINGINFRASTRUCTURECLIMATE ACTION FUNDEARLY CHILDHOOD COMMUNITY POLICINGOTHER02402001601208040Questionnaire #2: Q5 - Should Aspen City Council ask Aspen voters to approve a new short-term rental specifi c tax to mitigate for community and environmental impacts?Questionnaire #2: Q6 - If yes, what community benefi ts should the new tax revenue fund?228 APPENDICES LISTINGAPP A STAKEHOLDER INTERVIEWS SUMMARYAPP B TECHNICAL ADVISORY GROUP SUMMARYAPP C APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTSAPP D ACV QUESTIONNAIRES #1 AND #2APP E STR DATA POINTS OVERVIEW12132274229 APPENDIX A: STAKEHOLDER INTERVIEWS SUMMARY1APPENDIX A STAKEHOLDER INTERVIEWS SUMMARYThe team interviewed residents, resident property owners, resident aff ordable housing occupants, property managers, real estate brokers, STR owners, former elected offi cials, lodge operators in Aspen and summarized key fi ndings below:I. KEY FINDINGSA. Positive Impacts• STRs diversify and expand the lodging bed base by off ering more unit sizes and diff erent product types than traditional lodging. STRs are off ered at diff erent price points, which makes Aspen available to more and diff erent visitors. • STRs provide income for property owners, supporting the economy. • STRs help locals stay in their house with supplemental income. B. Negative Impacts• STRs undermine community character and the sense of a lived-in community. • STRs have contributed to the movement of workers from the “public” service economy to the “private” service economy. • STRs have unmitigated impacts on community infrastructure and character, such as over-dependence on private vehicles taxing roads and parking capacity. • STRs do not suffi ciently mitigate their job generation and aff ordable housing demand. • STRs have reduced the availability of free market rental housing.C. Preferred Regulatory Options• Limit the over-all number in the community. • Treat STRs more like lodging than residential uses. • Assess and permit fee on STRs that is commensurate with their value and cost. • Help STR occupants be better visitors and reinforcing community culture and character. • Implement stronger life-safety and compliance regulations. • Take the speculation out of the real estate market by limiting the ability to short-term properties.230 APPENDIX B: TECHNICAL ADVISORY GROUP2APPENDIX B TECHNICAL ADVISORY GROUPThe City of Aspen short-term rental staff team organized 12 community professional and citizen members who are subject experts or who personally have experience in short-term rentals. This working group of 12 met every other week for a total of fi ve meetings on data sharing, information gathering, and policy recommendations for the City’s short-term rental ordinance. Their time, feedback, community engagement with constituents, and input towards the policy drafting process has been essential to staff throughoutthe moratorium.I. TECHNICAL ADVISORY GROUP MEMBERS AND MEETING DATESDonnie Lee, Gant Aspen Tricia McIntyre, ALVR Wayne Stryker, Stryker BrownJoy Stryker, Stryker BrownValerie Forbes, Sotheby’s John Corcoran, Aspen Alps Michael Miracle, SkiCo Wendalin Whitman, Whitman PropertiesJoshua Landis Chuck Frias, Frias Properties Tracy Sutton, Aspen Signature PropertiesGinna Gordon, APDMeeting #1 Meeting #2 Meeting #3Meeting #4Meeting #52/17/223.3.223.17.223.28.224.28.22II. MEETING EXECUTIVE SUMMARIESA. Meeting #1 Summary• The fi rst meeting gave staff the opportunity to hear from the group what their personal interactions were with STRs to better understand the diff erent ways individuals or businesses work with STRs. Staff gained valuable knowledge on the economics of STRs and how some types of STRs may profi t or be fi nancially diff erent from others. Market functions and fi nances were a great topic of discussion, and it gave staff data around how homes with STRs market diff erently than those without and what those implications for the owner may be. The group decided to think about ‘what needs to be managed’ to help guide the conversation around the second meeting.B. Meeting #2 Summary• The second meeting focused on how zoning and permitting contribute towards STRs and how the regulation of both can help set better operating standards for the City. The group agreed that the ‘right number in the right zones makes sense’ and that having STRs in the core and in traditionally short-term rental buildings should be top priority when thinking about limitations to zoning. The priority for zoning was having the core and lodging/commerical zones have the majority of STRs and as one moves out from the core, have decreasing density and increased limitations of STRs. The group also focused heavily on ‘whose accountable’ and emphasizing the recommendation that a local owner or local managing group should be solely responsible for STRs in the community due to the unique community character that is Aspen. The group was asked to give their detailed opinions on how zoning and permitting can regulate the STR market for their homework.C. Meeting #3• Pete Strecker led the third meeting on accounting and fi nances. The group was asked their opinion on having fees and taxes. There was consensus that a tax, possibly in addition to a fee, made sense as there is scalability for a tax based on the size, number of beds, and number of nights a guest will stay in a STR. This has greater mitigation than a one-time-fee ‘for all’. The group thought that housing was a logical nexus to the tax question but also decided that turning STRs into long-term local housing will be viable. This discussion also brought up the need for a good neighbor policy that all STR owners and renters abide by that might help solve for some of the nuisance complaints by neighbors. Staff asked as homework ‘what are we solving for’D. Meeting #4• The fourth meeting focused on the question ‘if there are caps then what’. The group looked at the number of STRs broken out by zone, location and density and answered questions on how to fairly and equitably decease density and intensity of STRs. The group agreed that if there is a cap on STRs, grandfathering all existing permits and decreasing that number over time via attrition was the preferred method. The group also explored the idea of diff erent permit types based on the use of the STR. There was consensus on the ‘3-strikes and your out’ policy for STRs who violate code or who have three complaints on the property within a permit year. There was also discussion on data points the City should be collecting when re-doing the permitting process that can help clarify some questions around current STR use in Aspen.E. Meeting #5 • The fi fth meeting of the TAC focused on draft ordinance and guidelines. Staff looked to TAC for specifi c recommendations on how the caps by zones should be established, what should defi ne a qualifi ed owner’s representative, and their preference on how STRs are capped in residential zone districts. There was strong consensus on grandfathering in all permits and letting ‘natural attrition’ take over to help regulate the market, and then followed by non-transferable licenses. There was productive conversation and clarity on ‘who’ should be the property manager and who may qualify to be a representative of the property when applying for a STR permit. Specifi c questions and comments that came out of the work session that staff will apply to developing guidelines and the ordinance include: a recommendation for September 30 as renewal date rather than December, determining what’s the timeline for the ‘3 strikes and you’re out’, a HOA compliance document from the HOA president to ensure that STRs are allowed, having an occupancy of 2, confi rming that inspections will help with compliance, having a permit fee be assessed based on the number of bedrooms, determining if permit gets revoked does the owner get it back after a certain number of years or do they loose it indefi nitely.231 APPENDIX B: TECHNICAL ADVISORY GROUP3APPENDIX B TECHNICAL ADVISORY GROUPI. STR TECHNICAL STAKEHOLDERS MEETING #1 A. AGENDA• Introductions• Background, Purpose, Objectives, Process • Industry DiscussionoHow do you interact with the STR market?oDescribe the industryoDescribe the economic ecosystemoWhat do regulators need to know that we don’t know?• STRs in AspenoHow does the local/regional STR market function? oAre there diff erences between in and out of town?oWhat share of real estate market activity is attributed to STRs?• Regulating STRsoDo STRs in Aspen require additional regulation and oversight?oIf no, why? If yes, in what ways?oWhat level of regulation is appropriate?oWhat would happen in the community if?• Wrap and Next StepsB. Meeting #1 Notes232 APPENDIX B: TECHNICAL ADVISORY GROUP4APPENDIX B TECHNICAL ADVISORY GROUPI. STR TECHNICAL STAKEHOLDERS MEETING #2 A. AGENDA• Introductions• Summary of PurposeoCouncil directionoGoals for meeting #2oPrevious meeting summar• Council Work Session OverviewoSummary of staff presentation and Council direction• STRs in AspenoHow does the local/regional STR market function? oAre there diff erences between in and out of town?oWhat share of real estate market activity is attributed to STRs?• STRs in Aspen - PermittingoSummary of Council directionoGroup discussion of permitting optionsoGroup preferences for permitting233 APPENDIX B: TECHNICAL ADVISORY GROUP5APPENDIX B TECHNICAL ADVISORY GROUPMEETING #2 NOTES234 APPENDIX B: TECHNICAL ADVISORY GROUP6APPENDIX B TECHNICAL ADVISORY GROUPI. STR TECHNICAL STAKEHOLDERS MEETING #3 A. AGENDA• Introductions• Summary of PurposeoOutreach Updates - Open House Invite for April 6th 2022• Homework ReviewoSummary of comments received from members• Financial Discussion – Pete StreckeroCouncil’s thoughts on STR fi nancials oWhat Council has expressed interest inoStaff ’s actionsoQuestions to contemplate: oWhat do you think about taxes in the context of property zoning?oWhat do you think about both fees and taxes in the context of community impacts (aff ordable housing, transit, etc.)?oWhat do you think about a fee for the vacation rental permit? It is currently $0.oSome communities have done fee schedules based on bedroom counts – any thoughts around that?oSTRs remitted in 2021 data• Wrap and Next StepsB. Meeting #3 Homework Responses• STRs are a land use distinct from residential and lodge uses. Yet land use regulations do not make that distinction. This results in a variety of inequities and community impacts which our current system fails to address. I think it makes sense to create an additional tax on short term each rental that goes directly into a fund to work towards addressing the inequities and community impacts, whether it be employee housing or otherwise.• Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. Same as above.• The community has not established review criteria to ensure basic health and safety standards for individual STRs, or to provide common expectations related to property management and guest behavior standards. Frias would of course support a more stringent review process by the City when applying for a permit to verify that each STR has a licensed and insured property manager available to assist the guests for emergencies or otherwise. We also support a standard fl yer that could be prepared by ACRA, the City, or both, that all STRs must provide to their guest and have in each rental unit. Perhaps education is the fi rst step prior to regulation when it comes to guest behavior.• The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand. It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. This seems to fall into the conversation we have been having about certain restrictions for residential neighborhoods, such as the West End, but I do not think this pertains to the condo buildings that have always had STRs. I still think it would be interesting to learn about owner comments or concerns as it relates to STRs in residential neighborhoods and do a majority of these owners want restrictions?• STRs, particularly in multi-family developments, have accelerated a transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge. I think this is true, but I also don’t see this new ownership base renting to locals at aff ordable or even semi-aff ordable rates if they aren’t allowed to rent short term. When an owner sees how much money they can make renting short term or even seasonally long term, it no longer makes fi nancial sense to rent the unit to a local for 6 months or a year as that makes the unit unavailable for their own use. An owner may rent long term for July and August and then use the unit in June and September, which they could not do if it was rented to a local for 6-12 months. I honestly don’t know what to do about the displacement of locals from units that they rented in the past. I remember renting a very average unit at the Scandia on West Hopkins in 2012 for $2k/month and while I believe it is listed for sale now, the most recent advertised rental rate was $5,500/month because the market supports that even though the unit was not updated at all in the last 30 years.• In regards to transferring a valid STR license. Should it be transferred?• From one broker comment - I think this needs to be explored more not really thrilled with any of these options below.• A) Owner to Owner• Yes• B)With the property until the expiration date• (2 out of 4 responses said YES)• C) Tied forever with the propertyoYes• In regards to the price of the annual permit, the consultants will give us a range that will help cover the cost of the STR program administration by the city.• What would be an appropriate price of annual permit?• A)$150• (2 out of 4 responses said YES)• B)$150 + $50 per bedroomoYes• C)$500oYes• D)$1,000• E) A % based on the tax amount received in 2021 from the rental property• F) Another Amount ______________________• General comments from one broker on STRs are here:oAspen and Snowmass are resort communities that exist but for the grace of tourism. Limiting short term rentals limit the more aff ordable sector of our lodging pool, which personally I think is a shame. In terms of our rental business specifi cally, most of our rental listings prefer to rent for 30+ days, so limiting short term rentals there simply cuts the tax revenue that would have come in from the 7-10 day rentals that happen usually over the holidays, President’s Week or spring break. Originally, the STR permit was so the city could track how many beds were available in the community and to ensure compliance with lodging taxes. I have no problem with that. I also have no problem with cancelling permits for non-compliance or 235 APPENDIX B: TECHNICAL ADVISORY GROUP7APPENDIX B TECHNICAL ADVISORY GROUP“nuisance” rental properties. However, dreating an artifi cial limit on permits will constrain supply and drive up prices, which seems incongruent with the city’s goals. It “feels good” to feel like you have control over your community, but care must be taken to remove the emotion and consider the consequences of any government action.• I think the problem statements outlined in the council memo adequately summarizes the LEO specifi c concerns. Additionally I wanted to fi ll you in on a recent encounter that the APD responded to. It is mainly just informational, but I wanted to highlight this your for awareness as you continue to aggregate an approach to STR units in the City.• A local Air BnB owner seems to bait and switch incoming visitors. They come expecting to stay in one unit, but for what ever reason that unit is not available when they arrive, so he off ers them another less appealing unit, renters are left to fend for themselves to fi nd another place to stay during busy seasons or accept his lesser unit. He does adjust the fee, but this practice is still shady for many reasons.• Additionally in this instance, Offi cers are more routinely called upon to be the enforcement arm for this property owner. Here is where it gets challenging. The owner has requested police escort a short term tenant off of his property. The tenant (or short-term renter) has some, although possibly limited rights, and any dispute about the lease or rental agreement is a civil issue. There are some distinctions, if the allegation is that the guests activity is breaking the law – we can investigate it the same way as any other crime – however, the end result will be either arrest or a ticket, the Police do not have authority to kick someone out of a short term rental. • All of this is a roundabout way of explaining that violation of a contract in these cases is a civil issue. The DA explained that short term rentals provide certain rights (evictions and such) that hotels don’t and to simplify it, we are the Aspen Police not the AirBnB Police.• Without any context, I have to say the heat maps suggesting limiting STR’s to a hundred per zone is very concerning. Our market is like other resort communities, but also totally diff erent. To go from 1000+ STRs to just a few hundred is way more extreme that we’ve seem to be talking about the fi rst 3 meetings.• It does appear the “non-transferrable” is a theme, and maybe that’s the case to get the city to a number their more comfortable with for STRs.• I fully support our discussions of rolling this out in phases. Phase I – educate, get the permitting system and fee in place, and cleaning up the actual STR numbers. Those that apply do so for rentals less than 30 days. Just from our rentals here at Sotheby’s, I know many are shooting for 30+ days, and we have a lot of long term rentals too, that currently have a permit. So cleaning up the program and language would be very helpful.• Just this week, I had an owner in Pitkin county, and they were approved an COA STR. This has since been corrected, but surprised that this far in the process, that they were approved in the fi rst place.• Thanks for all your hard work on this and I look forward to coming to an amendable solution for the fi rst phase. It would set an awful precedent to have all the time and feedback and then city council just go ahead and put the hammer down anyway.• You asked us to give our thoughts on what the problem is that the city trying to solve with the new STR regulations. Why does City Council think there is a problem in Aspen? Why has the pressure we all feel bubbled over and become palpable in the last couple years to the point that the newspapers are fi lled with opinion columns and letters to the editor about it almost daily? • I started a letter the night after our meeting two weeks ago but honestly I didn’t know where to start or stop and my heart got heavy and I put it aside. I spent the last two weeks asking my friends, family and acquaintances what they thought. • I feel like three main themes emerged. • Cultural Shift (also commonly described as “Aspen losing its soul” and more recently boiled down to “Aspen Sucks”)oThere has been a major culture shift and the people who live and work here no longer feel included in the joy and spirit of Aspen. The homeowners, visitors and full-time residents have changed. The homes being built and remodeled are not like homes twenty years ago. There are “smart” systems, air conditioning, heated year-round pools, hot tubs, snow melt, and every other luxury imaginable. The people who live in these homes have no tolerance for any level of discomfort or things not working. The end result is a lot of property management and service calls up and down the valley that did not used to exist. A few weeks ago I saw a listing in the Aspen Times classifi eds for a private home looking for a butler.oThe gradual change was accelerated in the last two years with the large amount of people who moved here full time and part time. Rising commercial rent and an infl ux in out of town restaurants opening Aspen locations and longtime restaurant owners taking the opportunity to retire, which resulted in what felt like a whirlwind of changes to local businesses, though this is not a new phenomenon: ohttps://www.aspendailynews.com/the-past-is-showing-our-future/article_6e758160-c728-59c9-bba7-0be21afdeaa0.htmloInexplicably one of the community’s largest stakeholders dumped gasoline on the smoldering class war being perpetuated by some, by choosing the worst time possible (if ever there was a good one) to explicitly divide us into insulting categories based on our net worth. ohttps://www.aspentimes.com/news/aspen-skiing-co-launches-a-new-luxury-division/oUnsurprisingly causing no shortage of backlash and general thoughts and introspection about the cultural shift (I won’t even get into the Gorsuch situation):ohttps://www.aspentimes.com/opinion/roger-marolt-aspen-sucks/ohttps://www.aspendailynews.com/opinion/parrott-if-you-can-t-duct-it/article_15766ed0-a655-11ec-9909-4f25bfbb828a.htmlohttps://www.aspendailynews.com/opinion/brandon-duct-tape-darlings/article_06a5d0c4-a599-11ec-ae49-6f18d5197337.htmlohttps://www.aspendailynews.com/opinion/whiting-vail-doesn-t-suck-anymore/article_68ac1eba-ab0a-11ec-8feb-47019c172dee.htmlo https://www.aspentimes.com/opinion/roger-marolt-learn-to-say-no-or-kiss-this-place-goodbye/oThe true spirit and joy of Aspen was that everyone, locals, both seasonal workers, ski bums, the local middle class and everyone in between, partied together, skied, ate, drank and played together with second homeowners and visitors. Cloud Nine used to be a fun place to have a fondue lunch. On-mountain picnic spots and parties that used to be free or impromptu now require reservations and cost hundreds or thousands of dollars to be a part of. Locals and visitors used to mingle at Little Annie’s and The Red Onion. Visitors and second homeowners used to want to hang out where the locals hung out. Restaurants knew that “hooking up” locals at the bar with some discounted food and drinks was good for business because the fun energy drew in visitors. The people who lived and worked here enjoyed interacting with our visitors and second homeowners. These days most locals just feel disgusted, excluded or simply uninterested in joining in the contrived excess and hope that the few remaining local gathering spots don’t disappear.• I’ll add an important sub-category here: More People oThere is a higher demand live in the valley there does not seem to be any limit to what people will pay to buy or rent homes. This is true from Aspen to Carbondale (and throughout Colorado and resort communities everywhere).oThis pretty much sums it up: https://www.aspentimes.com/news/236 APPENDIX B: TECHNICAL ADVISORY GROUP8APPENDIX B TECHNICAL ADVISORY GROUPbasalt-mayor-says-urban-exodus-is-game-changer-for-towns-in-roaring-fork-valley/oThe truth is that many of the new full or part-time homeowners and guests are not here for the traditional Aspen spirit that used to attract people and draw them into the community. This culture shift is taking its toll on everyone. ohttps://www.aspentimes.com/news/new-marketing-plan-for-aspen-will-back-off -on-shoulder-seasons/o https://www.aspentimes.com/news/acra-midway-through-journey-to-destination-marketing-plan/oThe sacrifi ces we make to live here always seemed more than worth the gain of living in a beautiful and joyful place where most people got along most of the time. But many locals simply don’t feel like they can thrive and enjoy their town and the community anymore. • Lack of Aff ordable Housing. Not new, getting worse, no one can seem to agree on the solution. oIt has also become a more heated issue at the heart of the above mentioned “class war” narrative. o https://www.aspentimes.com/opinion/elizabeth-milias-aspen-vs-the-worker/ohttps://www.aspentimes.com/opinion/letter-to-the-editor/high-brow-and-tone-deaf/o As a side note, and just based on people I know and anecdotal evidence, I think the real estate boom in Snowmass and Basalt probably has had more impact in terms of people losing housing than what’s happened in Aspen, that ship had, with a few exceptions, pretty much already sailed. • Questions about the Effi cacy of City RegulationsoInfi ll, penthouses, not enough pillows, more density, more aff ordable housing, Lift One Lodge, view planes, the art museum, vacancy tax, no more penthouses, too many rentals, too many people, not the right kind of people, Gorsuch Haus.ohttps://www.aspentimes.com/opinion/letter-to-the-editor/aspen-council-not-all-there-with-vacancy-tax/ohttps://www.aspentimes.com/news/aspen-city-council-advances-aff ordable-housing-eff orts/ohttps://www.aspendailynews.com/council-passes-lodging-incentive-ordinance/article_c56f5939-72d1-53c9-89fb-bdae5527291d.htmlohttps://www.aspentimes.com/news/city-softens-infi ll-plan/ohttps://www.aspentimes.com/news/views-on-infi ll-all-about-views/ohttps://aspenjournalism.org/frame-by-frame-how-the-aspen-art-museum-was-approved-by-the-city/ohttps://www.aspentimes.com/news/aspen-councils-concerns-leave-lift-one-lodge-in-limbo/ohttps://www.aspentimes.com/news/hotel-boom-hasnt-off set-pillow-drain/oIt has been a long 20 years with a lot of changes. It is easy to look back and criticize when things backfi red, had unintended consequences or just fl at out didn’t work. My very off the top-of-my-head list is not a fair or exhaustive summary nor in historical order and it does not acknowledge positive things that happened along the way, but when you talk to someone who has been around for long enough it just feels like we bounce from shore to shore like a rudderless ship, reacting to the issue of the day, losing a piece of our collective soul every step of the way. I hope that this process and all of the work and community involvement will go beyond the individual matters at hand and help the city and community fi nd our North Star. oI appreciate your time and energy on this issue and the bigger issue of doing what is best for our city and our community. Public service is not for the faint hearted, I know your job is not easy and you and your team will be criticized no matter what you do. You have my thanks any my support and hope that we can all move forward together.II. STR TECHNICAL STAKEHOLDERS MEETING #4 A. AGENDA• Introductions• UpdatesoOpen house April 6th 4-6 @ Pearl PassoWork Session April 11th 4pm @ Council ChambersoPre-review Council work product• Discussion from last meetingo“Problem we are solving for”• PermittingoDiscussion of how to manage the permit system with limited supplyoEligibility, Lotteries, Transferability, Caps, NoticingoProcess for diff erent permit types: condo, owner-occupied, non-owner occupied• Wrap and Next Steps237 APPENDIX B: TECHNICAL ADVISORY GROUP9APPENDIX B TECHNICAL ADVISORY GROUPI. STR TECHNICAL STAKEHOLDERS MEETING #5 A. AGENDA• Introductions• Caps By Zone Districto Review of Data and MapsoThoughts on Cap Percentages by Zone District• Ordinance and Program Guidelines - Topics of consideration:oQualifi ed owner’s representativeoGrandfather v. Lottery oDetails of permit application content• Wrap Up and Next StepsB. Meeting #5 Ideas on Ordinance and Guidelines• Is is possible that we could incorporate the zone in the permit number? Ex R6100 Might help or hurt the cap per zone idea. I mean in the actual permit license number Example Bob Jones – 100 Aspen Way – His license number would be R6-089703 (identify the zone in the permit license number).• Thank you for the detailed report. I have reviewed it and have the following concerns and comments. I promise I am not trying to be sassy. I am completely blown away as the suggestions of who are the representatives. Also, I will be handing you the keys to my business if this goes through as written. Corporate Monsters like Sotheby’s are swallowing me whole as we speak. In fact, it is mere website for leads and reservationist. • A Rental Agency is the following: A property management company that has the following. 1.) Strict contracts with the owner to manage their calendar, give expert advice as to the rates, use a modern reservation system to store data and give data and pay taxes, on call 24-7 Maintenance person who knows how to fi x anything, pre-arrival guest services, a front desk to ask questions, concierge services to assist in the pre-arrival planned of rental cars, taxis, grocery shopping etc., and is responsible for all aspects of the property as a full-service business. A lack of a better word, Hotel. There are professional policies, staff , and procedures in place to protect the guest, the property, and the community around them. This costs money, education and is a real commitment to the business of STR’s. Real Estate Companies have none of this nor are they willing or will ever put a penny into it because they don’t want to be known as a Rental Agency they want to be know as a Real Estate Company. They have had (10) years to do so and have done nothing. 2.) You do not need a License to be a property manager. Also, you do not need a license of any kind to do short term rentals. This will change over time but right now this is what we are working with. Continued...I read in the paper today that the following would be a qualifi ed representative: A license real estate broker – why not say Plumber or Attorney here? As Plumbers – Realtors have absolutely no business doing STR’s especially in a Resort environment. Please explain to me why they are even on this list? True Rental agencies do not do RE SALES, so they are not a threat to Realtors. Realtors can still book properties (Frias-I trip – SAS ) with the PM and get their commission. The Russian Oligarchs and the bookkeeper somewhere else are working with Real Estate Brokers! There are no rules here. AIRBNB is more accountable than Realtors as the owners must be. To be on the platform there are rules, requirements, and protocols in place. They have a system of vetting the guest, vetting the owner and have a review section to voice any complaints. AIRBNBs are being managed by boots on the ground they must be, and they must be trained or the whole thing falls apart. Real Estate companies have none of the above. After a sale, the company gives the rentals to a broker who is new to the business or one broker - a one man show and they 100% cater to the owners. The contracts are written as I mentioned before which states the broker could set the house on fi re and would not be liable anything, so whatever accountability we think they have – they don’t. They have contracts with the owner that not worth the paper they are written on. Real Estate companies don’t have a reservation system (MLS is not a reservation system and they all know it) or have a handle on rates. They pull pie in the sky rates ( they have no technology behind anything) and availability and then (here it comes) check with the owner to see if those dates are available and the rates are ok AFTER they have already presented it to the guest. This is unethical. But they won’t get in trouble because they are not overseen by ABOR or the CDOR. Then they add a service fee to the reservation of 3% to 7% - for what? Absolutely nothing. Pocket change for their welcome baskets that they order from AMEN WARDY. They add no value to the STR business , in fact they are the cause of the BLACK HOLE. They will do whatever the Russian Oligarch wants, where a professional will force them to honor their rates and their availability or there will be fi nancial (big fi nancial consequences). Brokers do not put these kinds of restriction on because they don’t want to lose the relationship with the owners – ever. This is a tragedy. Wait until every STR is Listed and marketed (NOT MANAGED) because that is NOT what they do – they LIST and Market only with realtors, because that is what is happening right now. You have 400 or more properties managed by 100 or more diff erent brokers who have their ideas of what an STR is. Well, it is a mess. There are lawsuits. You won’t see them in the paper because they are settled out of court because the Russian Oligarch’s don’t want their name in the paper. Giving this power to Licensed Real Estate brokers is the biggest mistake – they have no reservation system – so no data (everything is on an EXCEL Spreadsheet), no protocols, no training, no requirements for the owner to deliver the product in a truthful manner, educate the guests on anything.. I could go on and on. Real Estate Brokers are the “bad actors” in all of this. I am shocked. I would prefer you put down elementary school teachers here as they would do a better job and have more compassion for the guests. Frias, Alpine Properties, Sky Run, Itrips, McCartney properties, North of Nell, The Gant or the condo-tels are professional Rental agencies. They put the time and money into it. They have all the tools in place to be a legit business that caters to the guest and make the owners income. They are all local. Believe it or not “out of town companies” don’t really exist here because the brokers will not work with them because they don’t want to lose control of the real estate asset. True Rental Agencies make the owners honor the availability, honor the rates, honor the guest with the correct insurance, maintenance and cleaning that is required to be even close to being fair on what we are charging these poor people. How did the realtors get to you? If you took them out of the equation, there would be a more organized STR business’ and all the issues you are trying to combat would be solved. I can 100% guarantee it. I would ask Joshua Landis how he feels as a realtor and realtors doing STR’s- he will be honest. • I’d like to commend you on your work so far. Although I have missed the past couple of meetings, I’ve been paying attention and watching council meetings, etc. This is a complicated task and many of my own positions and opinions have evolved throughout this process, interactions with group members, etc. I plan to join you at 2:00 today but wanted to send over of few of my thoughts and opinions ahead of time. 1. I like the idea of grandfathering with attrition and I’m happy to learn that you don’t plan to make STR permits transferable if you are going to put a limit on the number issued. It sounds like those who purchase a condo or TH in the downtown core that currently allows STR by Declaration will generally be allowed to get a permit without a waitlist - I think that’s great too. 2. I’m happy that you are addressing who is managing the STR’s for property owners. I’d like to learn more about what constitutes a “qualifi ed” owner’s rep. and how they will be allowed to market a property. A licensed Realtor typically markets through the MLS and the Broker to Broker network while a “professional AirBnb host” / property manager utilizes the online, consumer to consumer platforms. If a Realtor causes problems for owners, neighbors, etc.. they can be held accountable through their brokerages, DORA, ethics boards, etc... The same is not true for professional hosts / property managers. How will they be regulated? I think it’s great that you are requiring the property owner to hold the permit in their own name and pay their own taxes rather than allow these management companies to control the permits for absentee / investor owners. This will hold the owners more accountable for the actions of their managers and tenants. The online platforms are powerful tools that are designed to be used in a consumer to consumer way. The 238 APPENDIX B: TECHNICAL ADVISORY GROUP10APPENDIX B TECHNICAL ADVISORY GROUPgame changer in Aspen seems to be the use of the Consumer to Consumer platforms in a Business to Consumer way. Some of these professional hosts do a great job at maximizing revenue because they have learned how to optimize these online platforms. This has led to national corporations and/ or new residents with little connection to the Aspen community maximizing profi ts for absentee investors. There is no doubt that these professional host have created a better business model and they often do a much better job than the realtors because they have the benefi t of the online platforms. 3. I would suggest only allowing renters in the number of 2 per bedroom plus 1 (at least in a small condo). Some of the problem that I have encountered as the head of my association have been caused by owners packing 4 adult guests in to a small 1 BR unit (440 ft.2) with only one bathroom and sensitive plumbing. This creates much higher occupancy than intended in a small complex and many of the utility bills are shared. 2 per BR seems to be a common standard in multi family. Perhaps you could allow more in larger condos where it may be appropriate. And perhaps allow an exception for immediate family (2 adults with up to two children). https://www.wmfha.org/news/occupancy-standard-of-2-persons-per-bedroom-challenged4. As part of the permit process and management selection for a condo, I think it would be a good idea to require a “sign off ” from the home owners association just as someone would for a building permit. I’ve seen some of these outside managers refuse to provide the building rules to tenants as required and refuse to work in harmony with the association. While this can and should be handled at the association level, it would go a long way toward alleviating management problems if all rental managers were required read the governing documents and emergency protocols of the association and agree that all tenants will be provided with a copy of the rules and regulations of the building. If there are any emergency situations in a condo, common elements and neighbors will likely be aff ected, and it is critical that that rental manager have a relationship with the association manager and the HOA board and that they know who to contact to represent the association in the case of an emergency. • I’m sure you will want to confi rm all of this but I spoke with the fi re marshal today to see if there was a limitation on the number residents that could occupy a small rental unit. As I mentioned, I’ve seen an airbnb host marketing a 440 square foot 1BR for up to 4 occupants. Common sense makes this type of density seem inappropriate, and the neighbors have been complaining about the level of impact caused as a result of having this many residents in a tiny 1/1 condo, which barely seems to accommodate 2 residents comfortably. In this case, the 2 per bedroom +2 formula seems like it would not work. The fi re code and IBC code seem to say the same.• Please reference the table in section 1004.1.2 that shows that for “business residential use” the limitation would be 200 gross square foot per resident. That would make 440 ft2 appropriate only for 2ppl.Perhaps 2 plus one child could work, but it seems that an owner could only market this property to a party of 2, not a party of 4. This may or may not hold true for a residence, but since a STR is licensed as a business, the fi re marshall believes that this code limit would apply. • Great. More people may be appropriate if a unit is larger. I think it would be important to clarify that a 1br or studio under 600 ft. could only be MARKETED to parties of 2, but a third (overnight guest or additional family member) may not be a violation. Same for a 2br under 1,000 ft as 5ppl under 1000 may be a fi re code violation. They probably should not be marketed to 3 and 5 - only to 2 and 4.IMHO I think we should specifi cally state that we do have sidewalks in Aspen - so no one should walk in the middle of a traffi c lane while talking on their phone. • If I understand the reduction of STR permits for consideration by council correctly then I prefer council to consider permit reduction through attrition with a goal for a cap rather than a permit reduction by percentages. I do realize that is not the direction council has voiced. If they choose reduction by percentages I suggest they will start with 75% as a pilot program to see how it goes. In time they can always reduce by more but it would be diffi cult to go the other direction.ACRA’S ‘GOOD NEIGHBOR GUIDE’: At a glance it seems good. Perhaps in referring to “black bears” a comment should be made that refers to the type of bear in this area not their color as we know they can be black, brown, beige etc. Minor detail.I learned to ski wearing jeans and duck tape on the toes of my Lange ski boots. Not to sound like a Karen but I would prefer the last sentence suggested not to wear a microwave one piece. Thank you and your fellow staff members for all the research, time, eff orts, drafts, teeth mashing etc that takes place to achieve a workable solution. I hope you can get to Moab when this is all over.239 APPENDIX C: ABOR AND ACRA MEETING NOTES11APPENDIX C ABOR AND ACRA MEETING NOTESI. AGENDA• Presentation of Issues • Discussions with Council to Date • Overview of Research - Comparable Communities • Response to Questions for Council on 4/11 • Addition of Questions and Discussions II. PRESENTATION AND REVIEW OF MATERIALS• Looked at 12 diff erent mountain west communities • What are common themes/practices that work well III. 6 MAIN TOPICS - BEST PRACTICES• Life Safety oNeed building inspection oPublic notice of new permits oDisplay of permit #s oGood Neighbor guidelines, standardized • Permitting oDistinguish the diff erence b/w nonexempt & exempt STRs oDiff erentiating lodges vs. residential etc. oOwner occupied oNon-owner occupied oCondo-hotel oCreating a primary resident STR permit oOne year cooling period oAny new purchase has to wait one year before applying for STR oCap vs Attrition oNon-transferable licenses oUnlimited Licenses vs Primary Residence License • Operational Standards oOccupancy restrictions oSTR Holders must have representative who is able to be reached 24/7, and within 2 hour reach oSet diff . max. caps for diff erent permit types oLive & public document of all STRs & waitlist oLive waitlist, queue check • Enforcement oA dedicated full time employee for enforcement oIssuing Liens on non-compliant properties o“3-strike” complaint rule o3 strikes in one year, loose license for 5 years oHaving conversations up front oCity being more transparent • Financials oOccupational Lodging tax oApplies to STR & hotels oProve STR owners are remitting lodging tax oStandard for renewal of permit oTax spreads better across price ranges oTax has to be brought to public vote oCharging an annual fee on each STR bedroom oBenefi ts local housing programs oPer room per night fee is not recommended • Zoning oCreating Buff ers oWorked better than a cap, GWS used 250ft buff er oResidential Restrictions oSome towns restrict STRs in residential oConsider limiting STRs w/in multi-family units oR/MF is not being used as designed oMunicipalities use % Ratio oZone specifi c % ratios for limiting STRs IV. MEETING NOTES• Permit types is supported, helps to identify STR types • Helps support all types of STR rentals • Big goal should be information collection • Good neighbor laws could control the “loosing neighborhood” feel • Guest vs. paid guests isn’t a big diff erence • West end etc isn’t truly occupied full time anyway • STR is diff erent use than long term use • Reality is that owner occupancy is up • Feedback is happening because neighborhoods are not empty anymore 240 APPENDIX C: ABOR AND ACRA MEETING NOTES12APPENDIX C ABOR AND ACRA MEETING NOTES• Owner occupancy of second homes is upping the stretching of city resources • Community has gotten bigger, can’t shrink it • How do we defi ne property rights, regulation makes sense, not prohibit people’s property use • Local representation, local enforcement, solves a lot of problems • Good neighbor policy is a great addition, should solve a lot issues • Think about layers of regulation, more than 1 person to call for emergencies • Whatever is set up will be trial and error, make practical decisions • Do not want to see # or % restrictions • STR should be transferrable by property • Already used to rules, activity usage. Only if not renewed is STR lost. • Lottery makes it hard to plan year over year • Will not address neighborhood concerns • Attrition is better limiting factor • Should have clear objective of long term goal • What problem are we trying to solve? • Aspen is a little bit behind the times when it comes to STRs • Add regulation, management, oversite to STR • Occupancy regulations • Council does not seem to be listening, not seeing council representation at open houses etc. • Data driven regulation vs. limitation. Pro regulation now, limitation later based on data • The decisions made here aff ect the whole valley. Non-constituents livelihoods based on what happens in Aspen. Community diff erent then voters • HOAs already do STR limitation. • HOAs must give approval for STR permit • City has good count of what is being rented out • Not a good tally of occupation/pillows etc. • Real Estate community contribute to metrics for monthly reporting - Destimetrics • Willing to do it if it will help greater community • What do we do with data? • Great data to have for all versions of rentals • Long-term vs short-term rentals • Better report metrics for week by week capacity totals • Fees/taxes not very limiting as a regulation tool • Layered approach to regulation • Permitting is not an issue: capping days, permit amount etc will be an issue. • Need to be able to rent houses, not just lodges/hotels • With increase in STR, is stretching capacity beyond community ability to handle. Peak is increasing, council is aware of this. • Demand will not decrease • Need to decide what the point/goal is. • Additional Questions and Discussion • Enforcing display of permit #s and ability to remove fraudulent listings • Enforcement trip is city code • Point of contact for each residence, local, in valley. • One year cooling could present tax issues with people who buy and sell property • Tax fee is preferred over per night per bed fee • Financial incentive for long term rentals could potentially work for smaller condos/homes • Enough of an incentive to change it from STR to long term • Might be more viable the building new employee housing • Could increase tax to fund a program to manage an incentive program • Could help contribute to solving housing issues • Multi-family limits could cause lots of issues • Not all locations got a lodge overlay • Multi-family is more dense near the core, better for visitors not as great for long term residents • Very complicated zone to regulate • Current STR are 16% roughly • Stuff the core, smaller percentage in the outer zone districts • 16% is not high, why is there a problem? • Most of the neighborhoods are only around 8% • Could be slightly higher if no moratorium • Market changes could aff ect % • STRs are not transferrable from one owner to the next, reduction via attrition • Other options include lottery system 241 13APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTSCommunity Development staff hosted an Open House from 4-6pm on April 6, 2022, to offer the opportunity to the community to engage with technical experts around the topic of STR activity in Aspen now and into the future. The goal was to facilitate an understanding of the engagement process and the direction of the project, as well as collect input to present to Council to help in the decision-making process. More than 70 participants attended the Open House, engaged in conversation, and responded to questions highlighted on display boards throughout the room. Each display board question was introduced with background data and summaries to give content to the questions. While the data collected on the display boards during the event is not considered to be an accurate representation due to some attendees taking the liberty to “double-dot”, the feedback is essential to consider for the success of the development of regulations for short-term rentals. Comments made by attendees were also collected and transcribed into this report for further reference. 242 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS14APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS243 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS15APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS244 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS16APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS245 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS17APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS246 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS18APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS247 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS19APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS248 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS20APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS249 APPENDIX D: APRIL 6, 2022 OPEN HOUSE POSTERS AND RESULTS21APPENDIX D APRIL 6 2022 OPEN HOUSE POSTERS AND RESULTS250 APPENDIX F: ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #222APPENDIX F ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #2               ! 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"#! !$  !&!  !&%,                               ! "#$ %$ &'#$###+,#7  /  8' .  9 /  : 9         ;     ;      '  ;     5%0<21234#!%0% 1#34'(!!,                               ! "#$ %$ &'#$##<+299 APPENDIX E: ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #271APPENDIX E ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #2,< 7    9  ; 1   8 ' . ( '/ )    ' '  '   0118     4           !+0<%1 34#<$05%1534<$0+1!34  ")   &,                               ! "#$ %$ &'#$##!+,!7    9  ; 1    8 ' . ( '/ )    ' '  '              66 0!21234 6!0!+1534 5 0<1+34  ")&,                               ! "#$ %$ &'#$##5+300 APPENDIX E: ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #272APPENDIX E ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #2,5  )  ( ' (  .)  ;   ;        / :  9  /  '  ;    #!5 0561634 %!0!$1 34 ,                               ! "#$ %$ &'#$##%+,%=/' 8   '/    : ;/("# *!+ !(&!,"+! !&! & +! """&! - &!.,   #$!$%$2$ $$ #$ !$ %$ 2$#$$ 6$%2!6 $$5% %       !      "# $%&             !"#$ %$ &'#$##++301 APPENDIX E: ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #273APPENDIX E ASPEN COMMUNITY VOICE QUESTIONNAIRES #1 AND #2I. OPEN ENDED RESPONSES TO QUESTION 6• We need specifi c City personnel that can address the impacts to the immediate neighbors of STR’s and the neighborhoods they impact. Parking, Parties and Pets!! THERE MUST BE A MECHANISM TO DENY AND REVOKE STR PERMITS FROM REPEAT OFFENDERS. The Aspen Police Department should not be the default manager of STR units. • Enforcing rules for STR’s to minimize neighborhood impact. • Pay raises for Aspen Police offi cers, child care facilities, increase Aspen food rebate amount.• Better public transport• The owners of STR properties do not care if you tax them, so just tax them. The revenue could be used for multiple programs.• General expenses• Remove funding towards destination marketing- that only makes the problem worse. The fee/tax should only go to relieving impacts.• Noise and Light Pollution abatement. Traffi c. Landfi ll. • What is the city’s/community’s greatest need? Where are we falling short in funding? If STRs are causing “problems” then the funds should be geared towards solving the issues/problems. This is something that I don’t the the general public should be weighing in one because we don’t have enough knowledge to know what areas the city needs more funding for.• We need a designated City personnel to address neighborhood impacts. Parking, Parties, Pets are a PROBLEM.• The round-about and TRAFFIC!!!! There should be stop signs on every corner in this town!• turning appropriate places toward long term rentals should be a primary goal. If there are far fewer STR allowed- far fewer- then those owners could see the value of long term renting.• Raising money for the city isn’t the point of this exercise. It’s about not ruining neighborhoods by this impacts of essentially living next to a hotel• The city should identify what impacts short term rental cause that need to be mitigated. The tax revenue should address those issues, • Entrance To Aspen solution• A subsidized hotel/hostel. 302 74APPENDIX F: STR DATA POINTS OVERVIEWII. STR HEAT MAPI. SHORT TERM RENTAL TECHNICAL STAKEHOLDER DATA OVERVIEWA. City of Aspen STR Data Points:• There are 1,319 current active vacation rental permits (VRPs) through the City of Aspen.• 280 VRPs were issued on or after 12/8/2021, the date the emergency moratorium was announced with 78 still waiting on review or additional information from the customer.• There were only 70 VRPs issued before the City increased compliance and oversight with Council actions around business licensing requirements.• 57 properties have multiple VRPs. The top two properties are The Gant which holds 123 VRPs, and Aspen Square, which holds 106 VRPs. This means 1,262 properties have just one VRP.• The Lodge Zone District holds 316 VRPs, this is the greatest number of VRPs per Zone District. Second, is the Residential/Multi-family Zone District with 255 VRPs. R- 15 Zone District holds 186 VRPs, this is the greatest number for the residential-only districts. Second is R-6 which holds 108 VRPs. The Commercial Core holds 45 VRPs, and Commercial Lodge holds 132 VRPs.• *The Short Term Rentals by Zone District Map provides full details on the amount of VRPs for every Zone District in the COA.B. Attachments:• Short Term Rental Heat Map• Short Term Rental Density by Address• Short Term Rentals by Zone District (East Aspen to Cemetery Lane)• Short Term Rentals by Zone District (Cemetery Lane to Burlingame)• Short Term Rental by Parcel Number• Finance Summary Data – VRP Properties by Address• CAST Survey - Lodging and STR Taxes303 APPENDIX F: STR DATA POINTS OVERVIEW75APPENDIX F STR DATA POINTS OVERVIEWIII. STR DENSITY BY ADDRESSIV. SHORT TERM RENTALS BY ZONE DISTRICTsdc304 APPENDIX F: STR DATA POINTS OVERVIEW76APPENDIX F STR DATA POINTS OVERVIEWV. SHORT TERM RENTALS BY ZONE DISTRICTVI. SHORT TERM RENTALS BY ZONE DISTRICTsdc305 APPENDIX F: STR DATA POINTS OVERVIEW77APPENDIX F STR DATA POINTS OVERVIEWVII. PROPERTIES WITH MULTIPLE VACATION RENTAL PERMITSPROPERTY NAMEADDRESSCOUNT OF VRPSThe Gant610 S West End St123Aspen Square 617 E Cooper Ave106Aspen Alps 700 S Ute Ave49Mountain Lodge 311 W Main St39North of Nell 555 E Durant Ave32Chateau Roaring Fork 1039 E Cooper Ave30Lift One 131 E Durant Ave27Durant Condos 718 & 728 & 738 & 748 S Galena St23Independence Square 404 S Galena St21Chateau Chaumont 731 E Durant Ave20Chateau Du Mont 725 E Durant Ave18Chateau Eau Claire 1034 E Cooper Ave18Riverside 1024 E Cooper Ave17Fifth Avenue Condos 800 S Mill St16Fasching Haus East 747 S Galena St15Silverglo 940 Waters Ave15Chateau Aspen 630 E Cooper Ave14Fasching Haus 718 S Mill St11Cottonwoods 124 W Hyman Ave10Obermeyer Place 101 N Spring St & 501 Rio Grande Pl10South Point 205 E Durant Ave10Chateau Blanc 901 E Hyman Ave9Christiana Condominiums 501 W Main St9Cooper Condominiums 210 E Cooper Ave9Concept 600 600 E Main St8Le Clairvaux 803 E Durant Ave8Park Central West 210 E Hyman Ave8Timber Ridge 100 E Dean St8Ute Condominiums 1020 E Durant Ave8Dolomite 650 S Monarch St7Original Curve 725 E Main St7Clarendon 625 S West End St6306 APPENDIX F: STR DATA POINTS OVERVIEW78APPENDIX F STR DATA POINTS OVERVIEWLittle Nell611 S West End St6Monarch Condos700 Monarch6Old Hundred900 E Durant Ave6Alpenblick630 & 710 S Mill St5Galena Lofts434 E Main St5Shadow Mountain Condos809 S Aspen St5Silverbell805 E Cooper Ave5St. Regis315 E Dean St5Villas of Aspen100 N Eighth St5Aspen Townhouse East835 E Durant Ave4[No Name]250 S Original St4Der Berghof100 E Cooper Ave4Mittendorf450 S Original St4Mountain Chalet711 S Galena St4Aspen Edge1235 E Cooper Ave3Aspen Townhouses108 W Hyman Ave3Black Swan Hall851 S Ute Ave3Cooper Aspen Victorian1012 E Cooper Ave3Hy-West B835 E Hyman Ave3Larkspur800 E Hopkins Ave3Monarch on the Park233 E Cooper Ave3Ritz-Carlton75 Prospector Rd3Winfi eld Arms119 E Cooper Ave3Riverview1028 E Hopkins Ave2Villager Townhomes1001 E Cooper Ave2Subtotal0307 APPENDIX F: STR DATA POINTS OVERVIEW79APPENDIX F STR DATA POINTS OVERVIEWVIII. PROPERTIES WITH ONE VACATION RENTAL PERMITBIZ ADDRESSBIZ ADDRESS 2STREET #STREET NAME100 E Durant Ave1D100E Durant Ave100 E Durant Ave2A100E Durant Ave100 Park Ave100Park Ave1001 S Ute Ave1001S Ute Ave1004 E Durant Ave11004E Durant Ave1006 E Cooper Ave1006E Cooper Ave101 Park Ave101Park Ave1011 S Ute Ave1011S Ute Ave1015 E Hyman Ave21015E Hyman Ave1016 E Hyman Ave1016E Hyman Ave1022 E Hyman Ave11022E Hyman Ave1024 Vine StHunter Creek 10241024Vine St1035 E Durant Ave41035E Durant Ave1039 E Durant Ave111039E Durant Ave104 Northway Dr104Northway Dr104 W Cooper Ave2104W Cooper Ave105 E Hopkins Ave105E Hopkins Ave105 Exhibition Ln105Exhibition Ln105 Thunderbowl Ln4105Thunderbowl Ln105 W Hyman Ave105W Hyman Ave107 Aspen Mountain Rd2107Aspen Mountain Rd107 Aspen Mountain Rd9107Aspen Mountain Rd107 Park Ave107Park Ave107 S Seventh St107S Seventh St1087 Cemetery Ln1087Cemetery Ln1097 Cemetery LnB1097Cemetery Ln1098 Cemetery Ln1098Cemetery Ln1098 Waters Ave1098Waters Ave110 E Bleeker St110E Bleeker St308 APPENDIX F: STR DATA POINTS OVERVIEW80APPENDIX F STR DATA POINTS OVERVIEW110 Meadows Rd111110Meadows Rd1109 Waters Ave1109Waters Ave111 Neale Ave111Neale Ave111 Park Ave111Park Ave111 Stein Way111Stein Way111 W Francis St111W Francis St111 W Hyman Ave111W Hyman Ave1112 Waters Ave1112Waters Ave1115 Waters Ave1115Waters Ave1118 Waters Ave1118Waters Ave1120 Dale Ave1120Dale Ave1145 Black Birch Dr1145Black Birch Dr117 N Monarch St2117N Monarch St117 Westview Dr117Westview Dr118 E Bleeker StLower118E Bleeker St118 E Bleeker StUpper118E Bleeker St118 E Cooper Ave118E Cooper Ave1180 Dale Ave1180Dale Ave119 S Hunter St119S Hunter St1195 E Cooper AveA1195E Cooper Ave1195 E Cooper AveB1195E Cooper Ave120 E Hyman Ave3120E Hyman Ave120 S Spring St120S Spring St1205 Tiehack Rd1205Tiehack Rd1208 E Hopkins Ave1208E Hopkins Ave121 Robinson Rd121Robinson Rd1210 Snowbunny Ln1210Snowbunny Ln1215 Riverside DrA1215Riverside Dr1215 Riverside DrB1215Riverside Dr122 Eastwood Rd122Eastwood Rd122 Northway Dr122Northway Dr122 W Main St122W Main St123 E Hallam St123E Hallam St309 APPENDIX F: STR DATA POINTS OVERVIEW81APPENDIX F STR DATA POINTS OVERVIEW123 E Hyman Ave123 E Hyman Ave123 W Hyman Ave A 123 W Hyman Ave1230 Snowbunny Ln 1230 Snowbunny Ln1232 Mountain View Dr 1232 Mountain View Dr124 E Durant Ave 7 124 E Durant Ave124 E Durant Ave 10 124 E Durant Ave1240 Riverside Dr1240 Riverside Dr1242 Snowbunny Ln B 1242 Snowbunny Ln1245 Riverside Dr1245 Riverside Dr126 Park Ave126 Park Ave127 E Hallam St127 E Hallam St127 Powder Bowl Tr 127 Powder Bowl Tr127 Robinson Rd127 Robinson Rd1271 S Ute Ave1271 S Ute Ave1286 Snowbunny Ln 1286 Snowbunny Ln129 E Hopkins Ave129 E Hopkins Ave1291 Riverside Dr B 1291 Riverside Dr1300 Red Butte Dr1300 Red Butte Dr1305 Red Butte Dr1305 Red Butte Dr131 W Bleeker St131 W Bleeker St1335 Snowbunny Ln 1335 Snowbunny Ln1345 Sierra Vista Dr 1345 Sierra Vista Dr135 W Francis St135 W Francis St135 W Hopkins Ave 135 W Hopkins Ave1350 Mountain View Dr 1350 Mountain View Dr1350 Sierra Vista Dr 1350 Sierra Vista Dr136 Northway Dr The Reliant Group 136 Northway Dr1395 Snowbunny Ln 1395 Snowbunny Ln1412 Sierra Vista Dr 1412 Sierra Vista Dr1417 Crystal Lake Rd 1417 Crystal Lake Rd1423 Silver King Dr1423 Silver King Dr1430 Silver King Dr1430 Silver King Dr 310 APPENDIX F: STR DATA POINTS OVERVIEW82APPENDIX F STR DATA POINTS OVERVIEW1439 Crystal Lake Rd1439Crystal Lake Rd1445 Red Butte Dr1445Red Butte Dr145 Miners Trail Rd145Miners Trail Rd1450 Silver King Dr1450Silver King Dr1465 Red Butte1465Red Butte1470 Sierra Vista Dr1470Sierra Vista Dr1490 S Ute Ave1490S Ute Ave1495 Homestake Dr21495Homestake Dr15 Westview Dr15Westview Dr150 E Durant Ave150E Durant Ave150 N Eighth St150N Eighth St1530 Silver King Dr1530Silver King Dr155 Exhibition Ln155Exhibition Ln1564 Silver King Dr1564Silver King Dr1635 Silver King Dr1635Silver King Dr164 Eastwood Rd164Eastwood Rd171 Cascade Ln171Cascade Ln173 Skimming Ln173Skimming Ln18 Roaring Fork Dr18Roaring Fork Dr200 Prospector Rd200200Prospector Rd200 W Hopkins Ave200W Hopkins Ave201 Silverlode Dr201Silverlode Dr204 E Durant Ave204E Durant Ave205 Roaring Fork Dr205Roaring Fork Dr205 S Galena St11205S Galena St205 S Galena St12205S Galena St205 W Hopkins Ave205W Hopkins Ave205 W Main St205W Main St207 N Second St207N Second St211 W Hopkins Ave211W Hopkins Ave212 S Cleveland StUpper Unit212S Cleveland St214 E Hopkins Ave214E Hopkins Ave215 Midland Ave215Midland Ave311 APPENDIX F: STR DATA POINTS OVERVIEW83APPENDIX F STR DATA POINTS OVERVIEW215 W Hallam St215 W Hallam St217 E Bleeker St217 E Bleeker St217 S Third St217 S Third St217 Silverlode Dr217 Silverlode Dr219 N Monarch St219 N Monarch St220 W Main St 210 220 W Main St222 W Hopkins Ave 3 222 W Hopkins Ave222 W Hopkins Ave 4 222 W Hopkins Ave23 Smuggler Grove Rd 23 Smuggler Grove Rd233 W Bleeker St233 W Bleeker St234 E Hopkins Ave234 E Hopkins Ave234 Vine St 234 234 Vine St234 W Hallam St234 W Hallam St235 Exhibition Ln235 Exhibition Ln237 Gilbert St237 Gilbert St237 W Hopkins Ave 237 W Hopkins Ave267 Roaring Fork Dr 267 Roaring Fork Dr269 Park Ave269 Park Ave276 Coach Rd276 Coach Rd28 Maroon Dr28 Maroon Dr30 S Willow Ct30 S Willow Ct300 Lake Ave300 Lake Ave302 N Second St302 N Second St303 1/2 E Main St303 1/2 E Main St307 W Francis St307 W Francis St308 E Hopkins Ave 201 308 E Hopkins Ave310 N Sixth St310 N Sixth St311 S Aspen St 2 311 S Aspen St311 S Aspen St 5 311 S Aspen St311 S Aspen St 6 311 S Aspen St311 S First St A 311 S First St233 W Bleeker St D 233 W Bleeker St 312 APPENDIX F: STR DATA POINTS OVERVIEW84APPENDIX F STR DATA POINTS OVERVIEW312 W Hyman AveB105312W Hyman Ave314 E Hyman Ave102314E Hyman Ave314 E Hyman Ave200314E Hyman Ave314 E Hyman Ave300314E Hyman Ave315 Park Ave315315Park Ave316 S West End St316S West End St32 Prospector Rd32Prospector Rd320 N Seventh St2320N Seventh St320 W Main StA320W Main St322 Coach Rd322Coach Rd322 E Bleeker St322E Bleeker St322 Park Ave1322Park Ave322 Park Ave2322Park Ave324 E Bleeker St324E Bleeker St326 Oak Ln326Oak Ln326 W Hopkins AveA326W Hopkins Ave330 W Bleeker St330W Bleeker St332 W Main StC332W Main St333 Vine St333333Vine St333 Vine St333333Vine St333 W Main St1A333W Main St337 Silverlode Dr337Silverlode Dr340 Eastwood Rd340Eastwood Rd342 Summit StB342Summit St345 Park Ave2345Park Ave350 E Summit StC350E Summit St350 E Summit StC350E Summit St353 Pfister Dr353Pfister Dr355 Pfister Dr355Pfister Dr36 Roaring Fork Dr36Roaring Fork Dr387 Silverlode Dr387Silverlode Dr313 APPENDIX F: STR DATA POINTS OVERVIEW85APPENDIX F STR DATA POINTS OVERVIEW388 Exhibition Ln388 Exhibition Ln395 Silverlode Dr395 Silverlode Dr400 E Main St 101 400 E Main St400 W Hopkins Ave 2 400 W Hopkins Ave401 W Bleeker St401 W Bleeker St401 W Bleeker St401 W Bleeker St401 W Francis St401 W Francis St406 Aspen St 101 406 Aspen St406 E Hopkins Ave Penthouse 406 E Hopkins Ave407 N Third St407 N Third St407 Park Ave C 407 Park Ave407 S Aspen St 104 407 S Aspen St409 S Aspen St 105 409 S Aspen St410 S West End St 101 410 S West End St411 Pearl Ct411 Pearl Ct411 W Francis St411 W Francis St415 S Aspen St 202 415 S Aspen St415 S Aspen St415 S Aspen St415 W North St415 W North St419 E Hyman Ave Penthouse 419 E Hyman Ave419 S Aspen St 102 419 S Aspen St420 W Francis St420 W Francis St420 W North St420 W North St421 Aabc G 421 Aabc421 S Aspen St 101 421 S Aspen St421 S West End St421 S West End St424 Park Cir TH-3 424 Park Cir424 Park Cir TH-5 424 Park Cir425 Park Cir B4 425 Park Cir426 E Hyman Ave426 E Hyman Ave426 E Main St426 E Main St427 Silverlode Dr427 Silverlode Dr 314 APPENDIX F: STR DATA POINTS OVERVIEW86APPENDIX F STR DATA POINTS OVERVIEW428 E Hyman AveA428E Hyman Ave43 Smuggler St43Smuggler St437 W Smuggler St437W Smuggler St437 W Smuggler St437W Smuggler St447 E Cooper Ave447E Cooper Ave449 Mountain Laurel Dr2449Mountain Laurel Dr450 S Riverside AveB450S Riverside Ave501 W Hopkins Ave501W Hopkins Ave503 W Main StB101503W Main St505 Park CirB505Park Cir505 Park CirB505Park Cir508 E Cooper Ave201508E Cooper Ave509 Race StB509Race St509 W Hopkins Ave509W Hopkins Ave509 W Main St509W Main St51 Thunderbowl Ln1251Thunderbowl Ln511 Walnut StO511Walnut St513 W Bleeker St513W Bleeker St513 W Main StE201513W Main St515 Park Cir515Park Cir520 E Cooper Ave305520E Cooper Ave520 W Main St23520W Main St521 N Seventh StA521N Seventh St525 S Original StGlory Hole C525S Original St525 S Original StGlory Hole D525S Original St530 W Hallam St530W Hallam St532 Walnut St100532Walnut St532 Walnut StB532Walnut St537 Race St537Race St546 Walnut St546Walnut St55 Overlook Dr55Overlook Dr550 Lazy Chair Ranch Rd550Lazy Chair Ranch Rd315 APPENDIX F: STR DATA POINTS OVERVIEW87APPENDIX F STR DATA POINTS OVERVIEW566 Race StB566Race St570 S Riverside Ave570S Riverside Ave570 Spruce St570Spruce St575 Sneaky Ln575Sneaky Ln58 Exhibition Ln58Exhibition Ln60 Northway Dr60Northway Dr601 S Monarch St1601S Monarch St601 S Monarch St2601S Monarch St601 S West End St1601S West End St601 S West End St6601S West End St601 S West End St8601S West End St601 S West End St5601S West End St601 W North St601W North St602 E Hyman Ave201602E Hyman Ave603 S Garmisch603S Garmisch603 S Garmisch603S Garmisch604 N Eighth St604N Eighth St605 E Main St301605E Main St611 S Monarch St2611S Monarch St611 S Monarch St5611S Monarch St612 W Main St612W Main St615 W Smuggler St615W Smuggler St616 S Galena St616S Galena St616 W Main St616W Main St616.5 W Main St6165 W Main St620 E Hyman Ave1620E Hyman Ave623 S MonarchA623S Monarch623 S MonarchC623S Monarch624 W Francis St624W Francis St625 E Main St201 Penthouse C625E Main St625 S West End St15625S West End St316 APPENDIX F: STR DATA POINTS OVERVIEW88APPENDIX F STR DATA POINTS OVERVIEW626 W Francis StA626W Francis St626 W Francis St626W Francis St627 E Hopkins Ave627E Hopkins Ave627 S Original St627S Original St630 E Hyman Ave301630E Hyman Ave631 S Galena St11631S Galena St631 S Galena St13631S Galena St633 W Francis St633W Francis St635 Sneaky Ln635Sneaky Ln64 Prospector Rd64Prospector Rd651 Pfister Dr651Pfister Dr655 Gibson Ave655Gibson Ave660 S Galena St660S Galena St670 Moore Dr670Moore Dr675 Meadows Rd675Meadows Rd701 S MonarchCaribou Club #4701S Monarch702 E Hyman Ave702E Hyman Ave702 W Main St702W Main St704 E Cooper Ave3704E Cooper Ave704 E Hyman Ave704E Hyman Ave704 S Galena St704S Galena St705 W Main St705W Main St706 E Cooper Ave4706E Cooper Ave708 E Cooper Ave708E Cooper Ave708 E Hyman Ave708E Hyman Ave708 W Bleeker St708W Bleeker St709 E Main St303709E Main St710 N Third St710N Third St711 W Bleeker St711W Bleeker St711 W Bleeker St711W Bleeker St712 S Galena StA712S Galena St715 E Hopkins Ave2715E Hopkins Ave317 APPENDIX F: STR DATA POINTS OVERVIEW89APPENDIX F STR DATA POINTS OVERVIEW715 W North StCenter715W North St716 W Francis St716W Francis St717 Aspen StB717Aspen St717 W Francis StA717W Francis St720 W Bleeker St720W Bleeker St725 Cemetery LnUnits 721, 723, 725, 727725Cemetery Ln727 E Hopkins AveA727E Hopkins Ave728 E Hopkins Ave728728E Hopkins Ave730 Bay St730Bay St731 Cemetery Ln731Cemetery Ln731 S Mill St1A731S Mill St731 S Mill St1B731S Mill St731 S Mill St2A731S Mill St733 W Francis St1733W Francis St735 E Bleeker StCreektree 735735E Bleeker St735 E Francis St735E Francis St736 W Smuggler StB736W Smuggler St745 Castle Creek Dr745Castle Creek Dr75 Overlook Dr75Overlook Dr76 Exhibition Ln76Exhibition Ln77 Westview Dr77Westview Dr790 W Hallam St3790W Hallam St793 Cemetery Ln1793Cemetery Ln800 Roaring Fork Rd800Roaring Fork Rd800 S Monarch St1800S Monarch St800 S Monarch St5800S Monarch St800 S Monarch St9800S Monarch St800 S Monarch St13800S Monarch St800 S Monarch St14800S Monarch St800 S Monarch St#4800S Monarch St800 W Smuggler St800W Smuggler St801 E Hopkins Ave2801E Hopkins Ave318 APPENDIX F: STR DATA POINTS OVERVIEW90APPENDIX F STR DATA POINTS OVERVIEW802 E Cooper Ave2802E Cooper Ave802 E Cooper Ave3802E Cooper Ave809 S Aspen St3809S Aspen St809 S Aspen St11809S Aspen St809 S Aspen St15809S Aspen St809 S Aspen St16809S Aspen St809 S Aspen St18809S Aspen St809 S Aspen St19809S Aspen St809 S Aspen St#1809S Aspen St809 S Aspen St#2809S Aspen St809 S Aspen St#20809S Aspen St809 S Aspen St#5809S Aspen St809 S Aspen St#7809S Aspen St81 Thunderbowl Ln1681Thunderbowl Ln810 E Cooper Ave810E Cooper Ave812 E Cooper Ave812E Cooper Ave814 E Cooper Ave814814E Cooper Ave814 W Bleeker StAspen Villas C3814W Bleeker St814 W Bleeker StAspen Villas C4814W Bleeker St814 W Bleeker StAspen Villas E6814W Bleeker St815 Bonita Dr815Bonita Dr815 Roaring Fork Rd815Roaring Fork Rd816 E Cooper Ave816E Cooper Ave816 E Hyman Ave816E Hyman Ave817 W North St817W North St818 E Hyman Ave818E Hyman Ave819 E Hyman Ave2819E Hyman Ave82 Westview Dr82Westview Dr820 E Cooper Ave820E Cooper Ave820 E Hyman AveA820E Hyman Ave825 Cemetery Ln1825Cemetery Ln825 E Hopkins Ave1N825E Hopkins Ave825 E Hopkins Ave2S825E Hopkins Ave319 APPENDIX F: STR DATA POINTS OVERVIEW91APPENDIX F STR DATA POINTS OVERVIEW825 S Ute AveA825S Ute Ave83 Exhibition Ln83Exhibition Ln83 Ute Pl83Ute Pl835 E Cooper Ave4835E Cooper Ave855 Roaring Fork Rd855Roaring Fork Rd857 Bonita Dr857Bonita Dr865 Roaring Fork Rd865Roaring Fork Rd900 Waters Ave900Waters Ave901 E Durant AveB901E Durant Ave901 S Ute Ave901S Ute Ave901 W Francis St901W Francis St907 Waters Ave907Waters Ave909 Vine St909Vine St91 Meadows Trustee Rd9191Meadows Trustee Rd910 Gibson AveB910Gibson Ave910 W Hallam St8910W Hallam St911 Waters Ave911Waters Ave914 Waters Ave1914Waters Ave914 Waters Ave4914Waters Ave914 Waters Ave5914Waters Ave914 Waters Ave19914Waters Ave914 Waters Ave20914Waters Ave914 Waters Ave21914Waters Ave916 E Hopkins Ave104916E Hopkins Ave916 E Hopkins Ave201916E Hopkins Ave918 S Mill StA918S Mill St924 W Hallam St924W Hallam St925 E Durant Ave2925E Durant Ave926 E Cooper Ave1926E Cooper Ave926 E Durant Ave3926E Durant Ave926 Waters Ave101926Waters Ave926 Waters Ave102926Waters Ave926 Waters Ave202926Waters Ave320 APPENDIX F: STR DATA POINTS OVERVIEW92APPENDIX F STR DATA POINTS OVERVIEW926 Waters Ave201926Waters Ave927 E Durant Ave3927E Durant Ave928 W Hallam St928W Hallam St929 E Durant Ave4929E Durant Ave930 W Francis St930W Francis St930 W Hallam St930W Hallam St934 S Mill St934S Mill St935 E Hopkins Ave2935E Hopkins Ave935 E Hopkins Ave6935E Hopkins Ave935 E Hopkins Ave9935E Hopkins Ave935 E Hopkins Ave10935E Hopkins Ave935 E Hopkins Ave11935E Hopkins Ave935 E Hopkins Ave12935E Hopkins Ave938 S Mill St938S Mill St940 Matchless Dr940Matchless Dr941 E Hyman Ave941E Hyman Ave945 E Cooper Ave945E Cooper Ave950 Cemetery Ln1950Cemetery Ln950 Cemetery Ln2950Cemetery Ln950 Matchless DrA950Matchless Dr979 Queen St979Queen St981 King St981King St99 Northway Dr99Northway Dr990 Gibson Ave990Gibson Ave991 Moore Dr991Moore Dr321 APPENDIX F: STR DATA POINTS OVERVIEW93APPENDIX F STR DATA POINTS OVERVIEWVIII. CAST SURVEY - LODGING & STR TAXES322 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 1 of 7 RESOLUTION NO. 43 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE IN RESPONSE TO CITY COUNCIL’S SHORT-TERM RENTAL AND RESIDENTIAL DEVELOPMENT MORATORIUM WHEREAS,pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate amendments to the City of Aspen Land Use Code; and, WHEREAS,pursuant to Section 26.310.020(A), during a regular City Council meeting on December 8, 2021, City Council adopted Ordinance No. 27, Series of 2021 by a unanimous affirmative vote placing a moratorium on the issuance of new short-term rental permits and certain types of residential development until June 8, 2022; and, WHEREAS,pursuant to Section 26.310.020(A), during a regular City Council meeting on December 14, 2021, City Council adopted Ordinance No. 26, Series of 2022 by a unanimous affirmative vote placing a moratorium on the issuance of new short-term rental permits until September 30, 2022; and, WHEREAS,pursuant to Section 26.310.020(A), during a regular City Council meeting on March 15, 2022, City Council adopted Ordinance No. 06, Series of 2022 by a unanimous affirmative vote reestablishing a moratorium on certain types of residential development until June 8, 2022; and, WHEREAS, at the December 8, 2021 and March 15, 2022 Council meetings, Community Development Department received direction from City Council to draft targeted amendments to the Land Use Code related to short-term rentals, growth management, affordable housing, and development review processes; and, WHEREAS,the Land Use Code amendments requested by Council will advance specific policy statements in the Aspen Area Community Plan (AACP) related to affordable housing, environmental protection, climate action, residential sector development, lodging, community sustainability and character, and development review processes; and, WHEREAS,the Land Use Code is an essential tool for City Council and the community to ensure that Aspen’s built environment supports the vision and policy objectives described in the AACP; and, WHEREAS,the Land Use Code requires periodic amendments to ensure it supports adopted City policy, is aligned with the community vision, and responds to changes in community, economic, and environmental conditions; and, WHEREAS, to ensure the Land Use Code supports AACP policies, delivers a built environment which supports community policies, economic needs, environmental 323 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 2 of 7 stewardship obligations, responds to current community, economic, and environmental conditions, and supports to objectives of Ordinance No. 26, Series of 2021; Ordinance No. 27, Series of 2021; and Ordinance No. 6, Series of 2022, the Community Development Director recommends Council consider amendments to Land Use Code sections including, but not limited to: 26.104 Definitions, 26.200 Administration-Decision Making Bodies, 26.300 General Procedures and Regulations, 26.400 Development Review Standards and Procedures, 26.540 Certificates of Affordable Housing Credit, 26.575 Miscellaneous Regulations, 26.610 Impact Fees, 26.710 Zone Districts; and, WHEREAS,City Council has reviewed the proposed code amendment policy direction described in this resolution and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS,amending the Land Use Code as described below will ensure the ongoing effectiveness and viability of the regulations within the City of Aspen Land Use Code to achieve City Council’s policy and regulatory goalsas described inOrdinance No. 26, Series of 2021; Ordinance No. 27, Series of 2021; and Ordinance No. 6, Series of 2022; and, WHEREAS,the regulations and standards in the Land Use Code provide important tools for the realization of Council’s policy and regulatory objectives in response to Ordinance No. 26, Series of 2021; Ordinance No. 27, Series of 2021; and Ordinance No. 6, Series of 2022; and, WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of this Policy Resolution will conduct Public Outreach with the public, property owners, and members of the development community; will receive recommendation from the Planning and Zoning Commission in a public hearing; and will propose an Ordinance to be considered at First and Second Reading; and, WHEREAS,this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: 324 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 3 of 7 Section 1: Overall Code Amendment Objectives The objectives of these code amendments are to: 1. Align regulations in the Land Use Code with policies in the Aspen Area Community Plan related to affordable housing, environmental protection, climate action, growth management quota system, residential sector development, lodging, community sustainability and character, and development review processes; and, 2. Amend the Land Use Code to support the development of more affordable housing in the City of Aspen; and, 3. More directly recognize and ensure proper mitigation of the employee generation impact of single family and duplex residential development; and, 4. More directly recognize and ensure proper mitigation of the employee generation impact of short-term rental in residential property within the City of Aspen; and, 5. Align land use review processes with community development needs, including affordable housing, and the mitigation of the community impacts from free-market development; and, 6. Ensure the ongoing effectiveness of the Growth Management Quota System in managing growth from residential development and redevelopment and mitigating the community impacts from those activities; and 7. Leverage GMQS tools to better align land use regulations and policies with climate action and environmental stewardship policies; and, 8. Adequatelymitigate for the impacts of short-term rentals to the community; and, 9. Support adopted community greenhouse gas emissions reductions targets through responsible land use and development regulations; and, 10. Ensure future development and redevelopment mitigates for its climate, solid waste, natural resource, and environmental impacts; and, 11. Ensure the pace and scale of residential sector development dose not unduly impact the health, safety, peace, and sustainability of the community. Section 2: Topics for Potential Code Amendments A. Affordable Housing The Aspen Area Community Plan includes policies directing the City of Aspen to address affordable housing in the community, including: 1. VIII.1. Restore public confidence in the development process. (pg 27) 2. VIII.2. Create certainty in zoning and the land use process. (pg 27) 3. VIII.3. Ensure that the Planned Development process results in tangible, long-term community befits and does not degrade the built or natural environment through mass and scale that exceeds the Land Use Code standards. (pg 27) 4. II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) 5. II.2. Affordable housing should be prepared for the growing number of retiring Aspenites. (pg 41) 6. IV.2. All affordable housing must be located within the Urban Growth Boundary. (pg 42) 7. IV.3. On-site housing mitigation is preferred. (pg 42) 325 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 4 of 7 8. IV.5. The design of new affordable housing should optimize density while demonstrating compatibility with the massing, scale, and character of the neighborhood; (pg 42) and, City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Analyze potential regulations to allow for the development of affordable housing by right in appropriate zone districts and with dimensional standards which support neighborhood character and the financial viability of private sector affordable housing development; and, 2. Create more robust incentives for the development of affordable housing by the private sector; and, 3. Provide a necessary foundation on which to base other, future Land Use Code changes in the creation of additional opportunity for affordable housing development. B. Short-term Rentals The Aspen Area Community Plan includes policies directing the City of Aspen to address STRs in the community, including: 1. VIII.2. Create certainty in zoning and the land use process. (pg 27) 2. II.1. The housing inventory should bolster our socioeconomic diversity. (pg 41) 3. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 4. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 5. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 6. IV.1 Minimize further loss of lodging inventory (pg 25); and 7. Zoning and land use processes should result in lodging development that is compatible and appropriate within the context of the neighborhood, in order to: a. Create certainty in land development… b. Protect small town character community character… c. Limit consumption of energy and building materials, d. Limit the burden on public infrastructure and ongoing public operating costs, e. Reduce short- and long-term job generation impacts, such as traffic congestion and affordable housing demand. 8. VII.1 Study and quantify all impacts that are directly related to all types of development. 9. VII.2 Ensure that new development and redevelopment mitigates all reasonable, directly related impacts. City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Define short-term rentals (STRs) as a land use distinct from residential, commercial, and lodge uses; and, 326 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 5 of 7 2. Develop and implement a permitting and regulatory compliance system for STRs; and, 3. Use permit types to distinguish between STR types including owner-occupied, non- owner-occupied, and lodging-based STRs; and, 4. Use permit types to limit the duration (days per year) certain STR types may operate; and, 5. Develop and implement a neighborhood noticing system for STR permit applications; and, 6. Assess a permit fee on STR permits which mitigates the administrative and community costs for the STR permit system; and, 7. Assess the appropriateness of an impact or other nexus-based fee on STRs to mitigate the affordable housing demand, community infrastructure impacts, and costs associated with STRs; and, 8. Quantify the affordable housing demand generated by STRs in residential properties; and, 9. Use zone districts and concentration limits to limit the number of STRs in the community and focus the use in appropriate districts; and, 10. Develop comprehensive life safety standards for STRs; and, 11. Develop public information and “good neighbor” policies to assist STR occupants in supporting and following Aspen’s regulations and cultural norms; and, 12. Development a system of inspections, audits, and enforcement for STRs; and C. Growth Management and Development Pace and Scale The Aspen Area Community Plan includes policies directing the City of Aspen to address growth management and development mitigation, including: 1. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 2. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 3. V.1. Encourage a commercial mix that is balanced, diverse and vital and meets the needs of year-round residents and visitors. (pg 26); and 4. V.2. Facilitate the sustainability of essential businesses that provide basic community needs. (pg 26); and 5. V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: a. Create certainty in land development. b. Prioritize maintaining our mountain views. c. Protect our small-town community character and historical heritage. d. Limit consumption of energy and building materials. e. Limit the burden on public infrastructure and ongoing public operating costs. f. Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26) and, 327 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 6 of 7 City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Conduct a generation and mitigation study to support updates to the employee generation and mitigation rates for single-family, duplex and multi-family residential uses within the City; and 2. Assess the adequacy of the current system of development allotments at managing growth through controls on residential development; and, 3. Analyze the relationship between residential demolition, the allotment system, and the pace and scale of residential development and redevelopment to determine whether demolition constitutes residential development activity warranting and allotment under the GMQS; and, 4. Analyze appropriate performance standards for residential development seeking an allotment under the GMQS; and, 5. Analyze residential development standards to ensure the mass and scale of residential development and redevelopment reinforces neighborhood and community character; and, 6. Amend the standards for the calculation of development metrics to ensure residential development and redevelopment mitigate for their community impacts. D. Development Review Procedures The Aspen Area Community Plan includes policies directing the City of Aspen to address development review procedures, including: 1. We must pursue more aggressive measures to ensure the needs of the community are met, and to preserve our unique community character. (pg 20); and 2. I.1. Achieve sustainable growth practices to ensure long-term vitality and stability of our community and diverse visitor-based economy. (pg 24); and 3. V.3. Ensure that the City Land Use Code results in development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights, in order to: a. Create certainty in land development. b. Prioritize maintaining our mountain views. c. Protect our small-town community character and historical heritage. d. Limit consumption of energy and building materials. e. Limit the burden on public infrastructure and ongoing public operating costs. f. Reduce short- and long-term job generation impacts, such as traffic congestion and demand for affordable housing. (pg 26); and, 4. VIII.1. Restore public confidence in the development process. (pg 27) 5. VIII.2. Create certainty in zoning and the land use process. (pg 27) 6. IV.3. On-site housing mitigation is preferred. (pg 42) City Council provides the following direction to guide the development of LUC amendments on this topic: 1. Ensure that review processed for residential development and redevelopment, affordable and free market, support and deliver upon adopted City policies including analysis of by-right, administrative, and board review processes and the 328 Resolution No. 43, Series of 2022 Moratorium Code Amendments Policy Resolution Page 7 of 7 level of scrutiny and community involvement appropriate for different development types; and, 2. Modify review standards and processes to promote the development of additional affordable housing; and, 3. Modify review standards and procedures to better align the use of land, infrastructure, and resources for residential land uses supports City policy and economic, environmental, and community needs. Section 3: Other Amendments as Necessary Other amendments may be required to ensure coordination between the sections identified above and other sections in the LUC which may not have been anticipated. The code sections identified in this resolution is not an exhaustive list and may be modified to ensure coordination between LUC sections and to follow subsequent Council direction on these topics. Section 4: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 22nd day of March, 2022. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 329 Economic & Planning Systems, Inc. Page | 1 T ECHNICAL M EMORANDUM To: Phillip Supino, Community Development Director, City of Aspen From: Andrew Knudtsen and Rachel Shindman, Economic & Planning Systems Subject: Short Term Rental Fee Analysis; EPS #223033 Date: May 19, 2022 This technical memorandum summarizes the study supporting a fee program to be applied to short term accommodation unit (short term rental or “STR”) licensees in the City of Aspen. Economic & Planning Systems (EPS) was retained by the City to determine a reasonable fee for this program. The analysis outlines two fee components, demonstrating a reasonable relationship between guest spending from STRs in the city and the demand for local employees and the corresponding housing needs, as well as administrative costs incurred by the City in regulating STRs. The study uses economic impact techniques to quantify the relationships between guest spending when staying in STRs and the number of jobs and employee-households supported in the local economy by that spending. For the administrative fee component, the analysis is based on the City’s estimate of fully loaded personnel costs and direct expenditures that are necessary to manage STRs. Guests staying in STRs spend money in the local economy, and that spending in turn creates local jobs. The employees holding these jobs then seek housing units. Many of the jobs created are at wage levels that do not pay enough for employees to afford housing in the city. The basis of this fee is therefore the gap between what employees can afford and the cost to provide affordable housing in the City of Aspen (using recently updated fee calculations to determine the financial gaps by income category within the City’s established fee program). The calculation also accounts for the possibility that a home used as an STR could be occupied by a local resident, and the fee is further differentiated based on this use. For this calculation, the fee reflects the difference between the impact of guest spending in the local economy and the baseline impact of local resident spending. 330 Memorandum: Short Term Rental Fee Analysis Page | 2 Rationale This fee is needed to support the costs incurred by the City to manage STRs, as well as to support the local labor force and City housing programs that sustain the tourism economy in Aspen. Without an adequate supply of housing and housing support programs, the City risks losing some of its labor supply that is essential to the quality of service and viability of businesses in which STR guests spend money during their stay. This is important, as tourism is a primary element of the City’s economic base. If businesses do not have an adequate labor force and if workers do not have adequate housing, the guest experience and the City’s economy are likely to degrade. STR owners or hosts will pay an annual licensing fee under this program. The fee payers receive benefits through investment by the City in housing for the workforce needed to sustain the visitor economy. STR owners and operators are likely to benefit from the supply of labor and from investments the City will make using the fee revenue on housing for the local workforce. Having more housing options for the local workforce is also likely to benefit the fee payers in better customer service through increased employee retention and reduced employee turnover. Administrative Fee Methodology The City of Aspen incurs costs to administer and regulate STRs beyond the standard costs of government. Five departments in particular shoulder this cost: Police, Community Development, Finance, Legal, and Administration. This analysis calculates a fee to be charged to STRs to account for these costs. Model inputs were provided by City of Aspen staff, reflecting current expenditures (staff time and costs) associated with administering and regulating STRs. The new position being added by Community Development to address STRs is also included in this analysis. Given the increased level of cost associated with dispersed STR units compared to developments that include a front desk and corresponding services (i.e., condo hotels), costs are allocated proportionally. Analysis and Fee Calculation As shown in Table 1, the City of Aspen incurs $315,400 in annual costs associated with STRs, including the new Community Development position. These include staffing costs for enforcement, tax compliance, police calls (e.g., for trash, noise), and legal issues, as well as software costs to manage licenses and revenue. 331 Economic & Planning Systems, Inc. Page | 3 Table 1. City of Aspen STR Costs The allocation of these costs is broken out between dispersed STRs and developments with front desks that are fully staffed to service guests, shown in Table 2. As shown, Condo Hotel units account for 34 percent of overall City costs, or $106,300 annually, while dispersed STR units account for 66 percent of costs ($209,100 per year). Table 2. STR Costs by Type The last step in this analysis is to calculate the per-unit fee to be charged annually. As shown in Table 3, Condo Hotel units account for approximately 40 percent of the City’s STR inventory, or about 520 units. The total annual cost to the City of $106,300 results in an annual per-unit fee of $204. Dispersed STR units account for approximately 60 percent of the City’s inventory, or 780 units. Annual costs of $209,100 result in an annual fee of $268 per unit. Description Total Annual Cost Community Development Enforcement $4,000 Non-enforcement $136,000 Police $10,900 Finance $102,200 Legal $50,000 Admin $12,300 Total STR Costs $315,400 Source: City of Aspen; Economic & Planning Systems Description Share Cost Share Cost Community Development Enforcement 0% $0 100% $4,000 Non-enforcement 40% $54,400 60% $81,600 Police 10% $1,100 90% $9,800 Finance 40% $40,900 60% $61,300 Legal 10% $5,000 90% $45,000 Admin 40%$4,900 60%$7,400 Total STR Costs 34% $106,300 66% $209,100 Source: City of Aspen; Economic & Planning Systems Condo Hotels Dispersed STRs 332 Memorandum: Short Term Rental Fee Analysis Page | 4 Table 3. STR Administrative Fee per Unit, by Type Housing Fee Methodology This analysis uses a jobs-housing economic impact model to quantify the jobs supported by guest spending in STRs. The analysis begins by quantifying the jobs supported by spending. Next, several analytical steps are taken to translate the supported jobs to employees by income level. The IMPLAN model (Impact Analysis for Planning) was used to estimate the relationships between spending and jobs supported. IMPLAN was developed by the Bureau of Land Management, U.S. Forest Service, and the University of Minnesota and is widely used by state and federal agencies, academic researchers, and local economic development organizations to evaluate the economic impacts of proposed policies, new industries, and land use changes. Data Sources Analysis inputs come from the following sources: • Accommodation inventory: AirDNA (number of units, number of bedrooms, average number of bedrooms per unit) • STR occupancy rates: AirDNA • Guest spending: Aspen Lodging Guest Survey, 2014-2016 (RRC Associates) • Wages by Occupation: Bureau of Labor Statistics (BLS) • Median household income: U.S. Census (ACS 5-year estimates, City of Aspen) • Jobs per employee: 2019 Aspen Community Survey Results (EPS and RRC Associates) Description Total Cost Cost per Unit Total Cost Cost per Unit 520 units 780 units Community Development Enforcement $0 $0 $4,000 $5 Non-enforcement $54,400 $105 $81,600 $105 Police $1,100 $2 $9,800 $13 Finance $40,900 $79 $61,300 $79 Legal $5,000 $10 $45,000 $58 Admin $4,900 $9 $7,400 $9 Total STR Costs $106,300 $204 $209,100 $268 Source: City of Aspen; Economic & Planning Systems Condo Hotels Dispersed STRs 333 Economic & Planning Systems, Inc. Page | 5 Guest Spending Analysis • Guest spending – Guest spending was modeled on the average daily expenditure across various spending categories, as reported in Aspen Guest Surveys. Primary data was available from 2014-2016 and was brought up to current levels in line with escalations in STR rental rates (lodging spending). The survey data provides per unit expenditures by type; based on this data, current expenditures average $1,337 per unit per day, including $472 on food and beverage, $305 on retail/shopping, $407 on entertainment and recreation, $34 on service, and $120 on transportation. • Jobs supported by industry – The spending associated with guests is applied to the IMPLAN model as an “industry output” event for the five affected industries (NAICS 72 – Accommodation and Food Services, NAICS 44-45 – Retail Trade, NAICS 71 – Arts, Entertainment, and Recreation, NAICS 81 – Other Service, and NAICS 48-49 – Transportation and Warehousing). IMPLAN applies industry expenditure flows through its input-output model and estimates the spending and jobs supported in the 20 major industries in the North American Industry Classification System (NAICS). • Jobs to employees (multiple job holder adjustment) – An adjustment is made to acknowledge that many employees have more than one job, such as two part time jobs or a full time and a part time job. So as not to overestimate the number of employees supported, the number of jobs is reduced using a factor of 1.40 jobs per employee. This factor is specific to the City of Aspen, as reported by residents in the 2019 Aspen Community Survey (EPS and RRC Associates). • Employees by industry to occupations and wages – A NAICS industry contains a wide range of job types and wage ranges. For example, a worker in the retail NAICS sector could be an accountant (for the retailer) or showroom employee (working the retail floor). The range of wages and occupations supported is better represented by the 21 Standard Occupational Classifications defined by the Bureau of Labor Statistics (BLS). The National Industry by Occupation Matrix published by the BLS provides the estimated distribution of occupations and wages for each NAICS category. The results from the IMPLAN analysis are applied to the Industry by Occupation Matrix to estimate the number of jobs by wage level supported. • Tabulation of employees by income range – The last step involves counting the number of employees supported by income range, expressed as a percentage of Area Median Income (AMI). Given the breadth of need addressed by housing programs and policies in the City of Aspen, all households earning up to 240 percent of AMI are included for this analysis. The AMI definitions are based on the Aspen Pitkin County Housing Authority (APCHA) 2021 income limits for the City of Aspen. Local Resident Household Analysis The last component of the analysis involves isolating the difference between guest spending and local resident household spending. To do this, the same steps outlined above are undertaken for a resident household earning the local median income of $78,292 (as reported in the U.S. Census ACS 2019 data for Aspen) to document the jobs supported from household spending in the economy. 334 Memorandum: Short Term Rental Fee Analysis Page | 6 This household income is input to the IMPLAN model, which applies an expenditure profile (including savings) specific to the household income range. The model then estimates the spending and jobs supported in the 20 major NAICS industries. The same steps to determine need by AMI range are completed, and this housing need is then subtracted from that of guest spending, resulting in the needs associated with guest spending above those generated by a local resident household. Analysis Guest Spending Guest spending was modeled on the average per-unit expenditure across food and beverage, retail/shopping, entertainment and recreation, service, and transportation. Within the IMPLAN model 1,000 accommodation units were modeled in order to establish an appropriate scale of analysis. Per unit and per bedroom adjustments are made later in the model to calibrate the fee. As shown in Table 4, an average daily spending rate of $1,337 per unit per day results in 1,000 units’ total annual spending of $488 million. Note that at this point in the analysis 100 percent occupancy (365 days of spending) is used. The average annual occupancy rate adjustment is applied later in the analysis. 335 Economic & Planning Systems, Inc. Page | 7 Table 4. Guest Spending Description Factors Guest Spending Program Units 1,000 Guest Spending (per unit per day) Food & beverage $472 Retail/shopping $305 Entertainment/recreational activities $407 Services $34 Transportation $120 Total $1,337 Annual Guest Spending (per unit per year) Food & beverage 365 days (100% occ.)$172,121 Retail/shopping 365 days (100% occ.)$111,209 Entertainment/recreational activities 365 days (100% occ.)$148,474 Services 365 days (100% occ.)$12,358 Transportation 365 days (100% occ.)$43,879 Total $488,042 Total Guest Spending Food & beverage 1,000 units $172,121,492 Retail/shopping 1,000 units $111,208,817 Entertainment/recreational activities 1,000 units $148,474,421 Services 1,000 units $12,358,242 Transportation 1,000 units $43,879,342 Total $488,042,314 Source: RRC Associates; Economic & Planning Systems 336 Memorandum: Short Term Rental Fee Analysis Page | 8 Jobs, Employees, and Households As shown in Table 5, the spending associated with 1,000 accommodation units supports 4,218.48 jobs. The industries with the most jobs are those with direct spending impacts – specifically accommodation and food services; arts, entertainment and recreation; and retail. Following total jobs, the next step is to translate jobs to employees. In today’s economy it is common for people to hold more than one job. To step down from jobs to employees, jobs are divided by a factor of 1.40 jobs per employee. As shown in Table 5, the 4,218.48 jobs supported by 1,000 accommodation units results in 3,013.20 employees after the adjustment for multiple job holders. Table 5. Jobs and Employees by Industry Supported from Guest Spending Guest Spending Description Jobs by Industry (IMPLAN Results) Employees by Category Jobs to Employee Conversion Factor 1.40 Industrial Sectors 11 Ag, Forestry, Fish & Hunting 11.28 8.06 21 Mining 1.57 1.12 22 Utilities 2.46 1.76 23 Construction 13.62 9.73 31-33 Manufacturing 4.00 2.86 42 Wholesale Trade 20.46 14.61 44-45 Retail trade 444.79 317.71 48-49 Transportation & Warehousing 298.72 213.37 51 Information 16.86 12.04 52 Finance & insurance 57.54 41.10 53 Real estate & rental 117.05 83.61 54 Professional- scientific & tech svcs 99.97 71.41 55 Management of companies 38.30 27.36 56 Administrative & waste services 87.13 62.24 61 Educational svcs 11.29 8.06 62 Health & social services 38.40 27.43 71 Arts- entertainment & recreation 989.28 706.63 72 Accomodation & food services 1,743.21 1,245.15 81 Other services 215.74 154.10 91-99 Government & non NAICs 6.81 4.86 Total 4,218.48 3,013.20 Source: IMPLAN; Economic & Planning Systems 337 Economic & Planning Systems, Inc. Page | 9 Employees by Income To translate employees to occupations and their related income levels, the jobs by NAICS classification are converted to more specific occupation categories to obtain a detailed distribution of wage levels for the new jobs, since using the average wage for an industry masks the upper and lower wage levels. The BLS National Industry by Occupation Matrix provides the estimated distribution of occupations for each NAICS category. The wages for each occupation in Pitkin County are estimated by indexing the national wages by occupation and industry to the average wage in that industry for Pitkin County. Target Income Ranges The last step in the guest spending analysis is to tabulate the employees at income levels of 240 percent of AMI or less. For guest spending in 1,000 accommodation units, there are 3,007.3 employees generated below 240 percent of AMI, as shown in Table 6. Of the 3,013.2 total employees, 99.8 percent are at incomes of 240 percent of AMI or less; the balance of 0.2 percent are compensated sufficiently to afford market rate housing. In total, these are the employees needed to support spending in the economy from 1,000 STR units. Table 6. Households by AMI Supported by Guest Spending Guest Spending Total Employees Generated per 1,000 Units 3,013.2 Employees by Income Range 50% of Median 589.7 85% of Median 2,121.8 130% of Median 181.8 205% of Median 109.7 240% of Median 4.3 Total - Target Income Ranges 3,007.3 Percent of Employees Generated 99.8% Source: Economic & Planning Systems 338 Memorandum: Short Term Rental Fee Analysis Page | 10 Employee Housing Needs In 2021, the City of Aspen updated its Affordable Housing Fee-in-Lieu. This fee program is calculated to account for the full costs of building employee housing, including land, soft costs, hard (construction) costs, and employee ability to pay (as a revenue offset to costs). These fees reflect the gap between the cost to provide housing and what employees can afford to spend on housing, based on their income. As shown in Table 7, fees range from $408,054 per employee earning up to 50 percent AMI to $250,375 per employee earning between 205 and 240 percent AMI. Table 7. Affordable Price and Gap by Income Range Local Resident Spending To isolate the effect of guest spending on housing need, a similar methodology was followed to determine the relationship between a local resident household and housing need. This was then subtracted from the guest impact. Local resident spending was modeled based on the median household income in Aspen of $78,292, as reported in the U.S. Census 2019 American Community Survey. As with guest spending, 1,000 households were modeled and per household adjustment is made to calculate the final fee. As shown in Table 8, a household income of $78,292 results in a disposable income of $57,001 after accounting for payroll tax. Based on these figures, the total disposable income for 1,000 households is $57.0 million. Fee Category AMI Upper Bound Fee per FTE Category 1 50% $408,054 Category 2 85% $376,475 Category 3 130% $345,691 Category 4 205% $302,879 Category 5 240% $250,375 Source: City of Aspen 339 Economic & Planning Systems, Inc. Page | 11 Table 8. Local Resident Household Income Description Factors Local Spending Program Units 1,000 HH Income [1] (Aspen median)ACS 2019 5-Yr Estimate $78,292 Minus Payroll Tax Federal $12,104 FICA $4,854 Medicare $1,135 State $3,198 Total Deductions $21,291 Net Pay / Adjusted Household Income $57,001 Total Annual Household Income 100%$78,292,000 Total Annual Payroll Rax 27%-$21,291,000 Disposable Income 73%$57,001,000 Source:US Census; Economic & Planning Systems 340 Memorandum: Short Term Rental Fee Analysis Page | 12 This income was input to IMPLAN, which then calculates the jobs supported by household spending. As shown in Table 9, 1,000 households earning the median income support 172.87 jobs. Applying the multiple jobholder factor of 1.40 jobs per employee, this spending results in 123.48 employees. Table 9. Jobs and Employees by Industry Supported from Local Spending Local Spending Description Jobs by Industry (IMPLAN Results) Employees by Category Jobs to Employee Conversion Factor 1.40 Industrial Sectors 11 Ag, Forestry, Fish & Hunting 1.71 1.22 21 Mining 0.15 0.11 22 Utilities 0.32 0.23 23 Construction 1.81 1.29 31-33 Manufacturing 0.62 0.44 42 Wholesale Trade 3.88 2.77 44-45 Retail trade 25.76 18.40 48-49 Transportation & Warehousing 3.93 2.81 51 Information 3.13 2.24 52 Finance & insurance 12.84 9.17 53 Real estate & rental 25.56 18.26 54 Professional- scientific & tech svcs 8.27 5.91 55 Management of companies 1.49 1.06 56 Administrative & waste services 7.90 5.64 61 Educational svcs 3.37 2.41 62 Health & social services 25.21 18.01 71 Arts- entertainment & recreation 5.76 4.11 72 Accomodation & food services 21.11 15.08 81 Other services 19.07 13.62 91-99 Government & non NAICs 0.98 0.70 Total 172.87 123.48 Source: IMPLAN; Economic & Planning Systems 341 Economic & Planning Systems, Inc. Page | 13 These employees were then categorized by occupation and wage following the same methodology for guest spending. As shown in Table 10, local resident household spending supports a total of 123.5 employees, 99.8 percent (123.3 households) of which fall at or below 240 percent of AMI. The costs associated with providing affordable housing for these employees are determined using the same methodology outlined for guest spending. Table 10. Households by AMI Supported by Local Spending Local Spending Total Employees Generated per 1,000 Units 123.5 Employees by Income Range 50% of Median 28.7 85% of Median 66.4 130% of Median 22.8 205% of Median 5.2 240% of Median 0.2 Total - Target Income Ranges 123.3 Percent of Employees Generated 99.8% Source: Economic & Planning Systems 342 Memorandum: Short Term Rental Fee Analysis Page | 14 Fee Calculation This section outlines the calculation of the accommodation unit license fee. There are four key components to the fee calculation: • Employees Supported – The number of employees at or below 240 percent of AMI supported by guest spending form the basis of the fee, as these represent employees needed in the community who cannot otherwise afford housing. • Occupancy Rate – The impacts of guest spending were determined assuming 100 percent occupancy (i.e., 365 days per year) for modeling purposes and needs to be adjusted for annual occupancy rates. An occupancy rate of 37.7 percent is applied to the housing demand, based on the occupancy data for properties in the city from 2019 through 2021. • Affordability Needs – The housing gap per employee and AMI range described earlier ranges from $408,054 for employees earning up to 50 percent of AMI to $250,375 for employees earning between 205 and 240 percent of AMI. The number of employees in each AMI category (after accounting for the occupancy rate) are multiplied by the need per employee to calculate the total housing cost. This is calculated for both guest spending and local spending. Based on this calculation, taking the total housing cost divided by the 1,000 units modeled, the gap per accommodation unit is $428,933 and the gap per local household/housing unit is $46,202. • Adjustment for Local Households – To isolate the impact of guest spending above the impact of a local household, the gap associated with local household spending ($46,202) is subtracted from the gap associated with guest spending ($428,933). This results in a net gap per accommodation unit of $382,731. This fee is then adjusted to reflect a per-bedroom figure (rather than per unit). EPS’s analysis of the City’s STR inventory indicates that STRs have an average of 2.48 bedrooms per unit. This is then annualized over 30 years (divided by 30), which is a typical financing period for a long-term housing investment. Based on this analysis, the maximum fee per bedroom is $5,139, as shown in Table 11. This maximum fee amount is the annualized cost of providing housing to the local workforce supported by guest spending. 343 Economic & Planning Systems, Inc. Page | 15 Table 11. Fee Calculation Local Spending Guest Spending Employees Generated (per 1,000 units)A 50% of Median 28.7 589.7 85% of Median 66.4 2,121.8 130% of Median 22.8 181.8 205% of Median 5.2 109.7 240% of Median 0.2 4.3 Total per 1,000 Units 123.3 3,007.3 Per 1.0 Units 0.12 3.01 STR Occupancy Rate B 37.7% Net Employees Generated (per 1,000 units)C 50% of Median A x B 28.7 222.6 85% of Median 66.4 800.7 130% of Median 22.8 68.6 205% of Median 5.2 41.4 240% of Median 0.2 1.6 Total per 1,000 Units 123.3 1,134.9 Per 1.0 Units 0.12 1.13 Fee per Employee by AMI Range D 50% of Median $408,054 $408,054 85% of Median $376,475 $376,475 130% of Median $345,691 $345,691 205% of Median $302,879 $302,879 240% of Median $250,375 $250,375 Total Fee E 50% of Median C x D $11,701,673 $90,818,313 85% of Median $25,008,937 $301,455,717 130% of Median $7,877,755 $23,716,677 205% of Median $1,571,697 $12,533,460 240% of Median $42,159 $408,972 Total $46,202,221 $428,933,138 Gap (Fee) per Unit F E / 1000 -$46,202 -$428,933 Net STR Gap per Unit (minus local spend)-$382,731 Avg. Number of Bedrooms 2.48 Net STR Gap (Fee) per Bedroom -$154,165 Annualized Fee per Bedroom 30 years $5,139 Source: Economic & Planning Systems 344 Memorandum: Short Term Rental Fee Analysis Page | 16 Final Fee The fee outlined above represents the maximum reasonable fee to be charged under this program. Communities will generally apply a mitigation rate to this fee to determine the final fee to be charged. As shown in Table 12, a mitigation rate of 30 percent (aligning with the City’s current residential program) would result in an annual per bedroom fee of $1,540, while a 65 percent mitigation rate (aligning with the City’s current commercial/lodge program) would result in a fee of $3,080 per bedroom annually. Table 12. Mitigation Rates Description Fee Per Bedroom Maximum Annual Fee $5,139 Mitigation Rate 30%$1,540 65%$3,080 Source: Economic & Planning Systems 345 Economic & Planning Systems, Inc. Page | 17 Owner-Occupied Short Term Rentals There is a desire in the City to create a separate licensing program for owner-occupied properties, with a limit to the number of short-term rental days allowed per year. A unit rented for a maximum of up to 90 days per year represents a maximum occupancy rate of 24.7 percent, and thus justifies a separate fee calculation. Additionally, since these units are occupied by local residents the impact of guest spending occurs in addition to the impact of local spending. Thus, the impact of local household spending is not netted out of the guest spending impact attributed to the STR. As shown in Table 14, this results in a maximum annual fee per bedroom range from $1,254 (30 days per year) to $3,763 (90 days per year). As with the standard fee, a mitigation rate would be applied to determine the final fee to be charged. Examples of the per-bedroom fee at a range of mitigation rate levels and rental night maximums are shown in Table 13. For example, a 30 percent rate (aligning with the City’s current residential program) and a maximum of 30 rental days per year would result in an annual per bedroom fee of $380, while a 65 percent mitigation rate (aligning with the City’s current commercial/lodge program) and a maximum of 90 rental days per year would result in a fee of $1,510 per bedroom annually. Table 13. Mitigation Rates – Owner Occupied Units Description 30 days/year 60 days/year 90 days/year Maximum Annual Fee $1,254 $2,509 $3,763 Mitigation Rate 30%$380 $380 $750 65%$820 $820 $1,510 Source: Economic & Planning Systems Fee Per Bedroom 346 Memorandum: Short Term Rental Fee Analysis Page | 18 Table 14. Fee Calculation – Owner Occupied Units 30 days/year 60 days/year 90 days/year Employees Generated (per 1,000 units)A 50% of Median 589.7 589.7 589.7 85% of Median 2,121.8 2,121.8 2,121.8 130% of Median 181.8 181.8 181.8 205% of Median 109.7 109.7 109.7 240% of Median 4.3 4.3 4.3 Total per 1,000 Units 3,007.3 3,007.3 3,007.3 Per 1.0 Units 3.01 3.01 3.01 STR Occupancy Rate B 8.2%16.4%24.7% Net Employees Generated (per 1,000 units)C 50% of Median A x B 48.5 96.9 145.4 85% of Median 174.4 348.8 523.2 130% of Median 14.9 29.9 44.8 205% of Median 9.0 18.0 27.0 240% of Median 0.4 0.7 1.1 Total per 1,000 Units 247.2 494.3 741.5 Per 1.0 Units 0.25 0.49 0.74 Fee per Employee by AMI Range D 50% of Median $408,054 $408,054 $408,054 85% of Median $376,475 $376,475 $376,475 130% of Median $345,691 $345,691 $345,691 205% of Median $302,879 $302,879 $302,879 240% of Median $250,375 $250,375 $250,375 Total Fee E 50% of Median C x D $19,779,292 $39,558,584 $59,337,876 85% of Median $65,653,946 $131,307,893 $196,961,839 130% of Median $5,165,248 $10,330,495 $15,495,743 205% of Median $2,729,658 $5,459,317 $8,188,975 240% of Median $89,070 $178,140 $267,209 Total $93,417,214 $186,834,428 $280,251,642 Gap (Fee) per Unit F E / 1000 -$93,417 -$186,834 -$280,252 Avg. Number of Bedrooms 2.48 2.48 2.48 Net STR Gap (Fee) per Bedroom -$37,629 -$75,257 -$112,886 Annualized Fee per Bedroom 30 years $1,254 $2,509 $3,763 Source: Economic & Planning Systems Local Resident STR 347 MEMORANDUM TO:Mayor and City Council FROM:Brian Long, Trail System Manager THROUGH:Matt Kuhn, Parks and Open Space Director Austin Weiss, Parks and Recreation Director MEMO DATE:May 17, 2022 MEETING DATE:May 24, 2022 RE:Ordinance #11 Municipal Code Revision - Trails REQUEST OF COUNCIL:Listed below are changes proposed to the Trails section of the Municipal Code, Title 24, Chapter 12. Staff is requesting that City Council approve Ordinance #11, Series of 2022. SUMMARY AND BACKGROUND:The Parks and Open Space Department has prepared a slate of code revisions in the spirit of improving etiquette and safety on the trail system and to keep ahead of trends in use on our trails. Some of these proposed changes have been discussed for over a decade. Others are in response to recent changes in trail use, notably the increasing use of ebikes, including trail users on rental ebikes. The City’s partner agencies in upper valley trail user management are also at work to foster a trail environment that upholds etiquette. Future efforts will make use of media campaigns and careful education of the public by ranger staff to grow the public understanding of how we can better interact with each other on trails. Where technology can be employed in preventing negative actions on fleet bikes, that will be explored. The proposed changes and the issues behind them have been discussed at length by staff within the Parks and Open Space Department, at meetings of the Pedestrian and Bicycle Safety Team, and with the City’s Open Space and Trails Board. The Open Space and Trails Board has reviewed and approved the letter and intent of these changes. These codes are also reflective of input by City and County Ranger staff and their experiences and interaction with the public while observing dynamics of trail use in the field. Following is the complete proposed code language of Aspen’s Municipal Code Chapter 24.12 – Trails. Each code is followed by a brief bulleted summary in italics of the changes in this revision: 348 24.12.010. – Trail system The Aspen Trail System is defined as those trails managed or owned by the City of Aspen and inventoried by the City of Aspen Parks and Open Space Department. This Chapter applies to all trails lying and being within the City and all other trails outside the City limits over which the City has jurisdiction and control. Sets trail system inventory definition. Expands scope of this chapter to include City-owned trails beyond City limits. 24.12.020. – Vehicles prohibited. It shall be prohibited to operate any powered vehicle on the Aspen Trail System except for the devices and conditions below. a) Electronic assisted bicycles, referred to herein as E-bikes, conforming to one of the three classes as defined in Colo. Rev. Stat. section 42-1-104(28.5), as amended, shall be allowed upon paved trails. E-bikes of any sort are prohibited upon natural surface singletrack trails of width less than 5 feet. b) Other powered devices such as one-wheels, electric skateboards and powered scooters shall be allowed upon paved trails. Such devices must be powered by electric motor not exceeding 750 Watts, have a width of no more than 30 inches, and weigh no more than 65lbs. Powered devices of any sort are prohibited upon natural surface singletrack trails. c) Wheelchairs or any device designed to assist people with mobility impairments who use pedestrian right of ways. d) City maintenance, ranger, police, fire, ambulance and emergency vehicles are permitted to operate necessary vehicles on the Aspen Trail System. In the event of an emergency, officers and employees thereof are authorized to permit emergency vehicles to enter upon the trails. e) Special permission may be granted by the Parks and Recreation Director or the Parks and Open Space Director for use of motorized vehicles on the trails for special events, and for limited periods (to be specified on permits issued), provided, however, that such special permits shall not conflict with provisions of trail easements given across private property. Edited to define ebike classes and set allowances and limits. Defines other powered devices allowed or limited on trails. Allows devices assisting impairments. Tightens and modernizes agencies and City roles that have authority to grant motorized access. 24.12.030. – Requirements of bicycle rental businesses and courtesy bicycle fleets a)Any bicycle or E-bike used on the Aspen trail system shall be sound and safe for use and shall be equipped with a bell or other device for announcing on the trail system. Rental businesses that offer bicycles or E-bikes for rent and any business 349 that offers bicycles or E-bikes for complimentary use shall be responsible for ensuring compliance with this requirement. b)Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall ensure that all users of the fleet bicycles have watched an orientation video for safe operation of bicycles and E-bikes in Aspen as prescribed by the Parks and Recreation Director. c)Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall adhere to any regional restrictions, conditions, or permit requirements placed upon any route, trail or roadway and shall educate their users of the same. Calls for sound and safe fleet maintenance and equipping bells or other. Requires a standard video to be shown to rental customers. Requires adherence to regional bike management policies. Replaces previous code condensed into 24.12.040. 24.12.040. – Leaving trail right-of-way, special conditions It shall be unlawful, in areas posted, to leave a trail right-of-way at such points as the trail passes on or through private property. The City or County shall enforce and prosecute any violation of this prohibition as a criminal action under this Chapter and, if necessary, as a property trespass on behalf of both the City (as holder of the easement) and the owner of the land trespassed upon. Special conditions and provisions which constitute limitations on trail usage imposed by private landowners as a condition for easements granted, shall be enforced, if posted, in the same manner as the prohibitions contained in this Chapter. Condenses previous sections 24.12.030 and 24.12.040, language unchanged. 24.12.050. – Nordic trail system The Aspen Nordic Trail System shall be defined as those winter trails maintained by the Pitkin County Nordic Program that fall within the limits of the City of Aspen. Users of the Aspen Nordic system shall obey all trail designations and signage posted on the trails to express caution, to restrict use by type of travel, to prohibit pets, or to denote a trail closure. It shall be unlawful for anyone to operate a motor vehicle, snowmobile, or motorcycle upon the Aspen Nordic System. Establishes the City’s authority within the Pitkin County Nordic System. Requires users obey posted signage. Prohibits vehicles on the trail system Deletes previous 24.12.050 – Dogs on Trails: Code was both contradictory and redundant of dog policy elsewhere in the City’s Municipal Code. 350 24.12.060. – Safe speed, announcing, yielding, crossings Cyclists, users of other devices, and equestrians shall travel at a safe speed at all times and abide by any speed limits posted on the trail system. All users of trails shall obey any posted warning, caution, traffic control or other signs. Trail users shall announce with an audible signal or voice before overtaking other trail users. Users of paved trails shall keep to the right half of the pavement at all times. Bicyclists, Skaters, Pedestrians and others shall yield to Equestrians. Bicyclists and Skaters shall yield to Pedestrians. Bicyclists shall yield to Skaters. Downhill users yield to Uphill users. Faster users yield to slower users. Trail users shall stop at all roads and yield to any automobile traffic, unless the intersection is posted otherwise. Trail users shall not be required to stop at each private driveway. At such intersections automobiles shall yield to trail users. Horses are restricted to the unpaved portions of trails unless otherwise posted as provided by law. Edited to clarify and condense yielding and crossing language. Requires announcing by cyclists and device users. Establishes the authority of posted speed limits on the trail system. 24.12.070. – Prohibited activities It shall be unlawful, on any trail right-of-way (or an adjacent property if access thereto is achieved through the trail system) to create loud noises; to use firearms or fireworks; to litter; to obstruct the trail system; to deface, cut, blaze or carve trees, fences, vegetation, trail signs, markers, bridges or structures; to camp or ignite campfires (except in designated areas); or to camp overnight. It shall be illegal to operate any bicycle or other approved device upon the trail system in a careless manner. Removes prohibition of horns and bells. Prohibits careless operation of a bicycle or device. 24.12.080. – Use after dark Users of the trail system after dark, on any type of bicycle or other allowed device shall be required to use a light as to be clearly visible to other users. Persons using the trail system, especially during the late night and early morning hours, shall avoid the making of any noise such as to disturb residents within the area of the trail right-of-way. Requires use of a light by users of bicycles or devices. 24.12.090. – Enforcement by County officials Whenever this Chapter shall allow for the management of trail use or enforcement of these regulations by officials of the county, such reference shall be to officers of Pitkin 351 County, Colorado, and such rights shall accrue only if so provided by agreement between the City and County, and if permitted by law. Unchanged 24.12.100. – Penalties The violation of any provision of this Chapter shall be punished by a fine, imprisonment or both a fine and imprisonment, as set forth in Section 1.04.080 of this Code. Each day any violation shall continue shall constitute a separate offense. Unchanged FINANCIAL IMPACTS: Financial impacts are minimal for adoption of these code changes. Indirect impacts include costs associated with producing speed signage, revision and updates to ticket books, brochures, and websites. ENVIRONMENTAL IMPACTS: The intent of these code changes is to address safety issues seen on our trails system. The adoption of these changes will improve safety conditions and the overall user experience throughout the trails network and as such will help promote alternative transportation. ALTERNATIVES:City Council could direct staff to change the proposed codes, or to amend or delete certain conditions. RECOMMENDATIONS:Staff recommends adoption of the proposed codes into the City’s Municipal Code by Ordinance #11, Series of 2022, Municipal Code Revisions - Trails. CITY MANAGER COMMENTS: 352 353 ORDINANCE #11 (Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 24, CHAPTER 12 OF THE ASPEN MUNICIPAL CODE. WHEREAS, the City of Aspen (“the City”) recognizes the importance of a safe and enjoyable system of trails and has adopted rules and regulations contained with Title 24 of the City of Aspen Municipal Code; and, WHEREAS, the rise of in use of bikes, electric assisted bikes, and other electric powered devices on the City of Aspen trails system has increased concerns for the safety of pedestrians and other users of the City trails system making it necessary to adopt rules and regulations to address the risks posed by electric assisted bicycles and other devices used on the trails system; and, WHEREAS, the City recognizes the benefits of maintaining and operating a groomed Nordic trail system and the need to regulate uses on the City’s Nordic trail system, WHEREAS, the Aspen City Council finds that the proposed amendments to Title 24 of the City of Aspen Municipal Code furthers and are necessary for the promotion of public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1: That Title 24, Chapter 12 of the Municipal Code of the City of Aspen is hereby amended as follows: Chapter 24.12. - ASPEN TRAIL SYSTEM Sec. 24.12.010. – Trail system., shall be repealed and replaced in its entirety with the following: Sec. 24.12.010. - Trail system. The Aspen Trail System is defined as those trails managed or owned by the City of Aspen and inventoried by the City of Aspen Parks and Open Space Department. This Chapter applies to all trails lying and being within the City and all other trails outside the City limits over which the City has jurisdiction and control. Section 24.12.030. Vehicles prohibited., shall be repealed and replaced in its entirety with the following: 354 24.12.030. Vehicles prohibited., It shall be prohibited to operate any powered vehicle on the Aspen Trail System except for the devices: a) Electronic assisted bicycles, referred to herein as E-bikes, conforming to one of the three classes as defined in Colo. Rev. Stat. section 42-1-102(28.5), as amended, shall be allowed upon paved trails. E-bikes of any sort are prohibited upon natural surface singletrack trails of width less than 5 feet. b) Other powered devices such as one-wheels, electric skateboards and electric powered scooters shall be allowed upon paved trails. Such devices must be powered by electric motor not exceeding 750 Watts, have a width of no more than 30 inches, and weigh no more than 65lbs. Powered devices of any sort are prohibited upon natural surface singletrack trails. c) Wheelchairs or any device designed to assist people with mobility impairments who use pedestrian right of ways. d) City maintenance, ranger, police, fire, ambulance and emergency vehicles are permitted to operate necessary vehicles on the Aspen Trail System. In the event of an emergency, officers and employees thereof are authorized to permit emergency vehicles to enter upon the trails. e) Special permission may be granted by the Parks and Recreation Director or the Parks and Open Space Director for use of motorized vehicles on the trails for special events, and for limited periods (to be specified on permits issued), provided, however, that such special permits shall not conflict with provisions of trail easements given across private property. Sec. 24.12.030. -Special Provisions.shall be repealed and replaced in its entirety with the following: Sec. 24.12.030. -Requirements of bicycle rental businesses and courtesy bicycle fleets. a)Any bicycle or E-bike used on the Aspen Trail System shall be sound and safe for use and shall be equipped with a bell or other device for announcing on the trail system. Rental businesses that offer bicycles or E-bikes for rent and any business that offers bicycles or E-bikes for complimentary use shall be responsible for ensuring compliance with this requirement. b)Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall ensure that all users of the fleet bicycle have watched an orientation video for safe 355 operation of bicycles and E-bikes in Aspen as prescribed by the Parks and Recreation Director. c)Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall adhere to any regional restrictions, conditions, or permit requirements placed upon any route, trail or roadway and shall educate their users of the same. Section 24.12.040.Leaving trail right-of-way., shall be repealed and replaced in its entirety with the following: Sec. 24.12.040. - Leaving trail right-of-way, special conditions. It shall be unlawful, in areas posted, to leave a trail right-of-way at such points as the trail passes on or through private property. The City or County shall enforce and prosecute any violation of this prohibition as a criminal action under this Chapter and, if necessary, as a property trespass on behalf of both the City (as holder of the easement) and the owner of the land trespassed upon. Special conditions and provisions which constitute limitations on trail usage imposed by private landowners as a condition for easements granted, shall be enforced, if posted, in the same manner as the prohibitions contained in this Chapter. Section 24.12.050. Dogs on trail., shall be repealed and replaced in its entirety with the following: Sec. 24.12.050. -Nordic trail system The Aspen Nordic Trail System shall be defined as those winter trails maintained by the Pitkin County Nordic Program that fall within the limits of the City of Aspen. Users of the Aspen Nordic system shall obey all trail designations and signage posted on the trails to express caution, to restrict use by type of travel, to prohibit pets, or to denote a trail closure. It shall be unlawful for anyone to operate a motor vehicle, snowmobile, or motorcycle upon the Aspen Nordic System. Section 24.12.060. Trail crossings, yielding, safe speed., shall be repealed and replaced in its entirety with the following: Sec. 24.12.060. -Safe speed, announcing, yielding, crossings. Cyclists, users of other devices, and equestrians shall travel at a safe speed at all times and abide by any speed limits posted on the trail system. All users of trails shall obey any posted warning, caution, traffic control or other signs. Trail users shall announce with an audible signal or voice before overtaking other trail users. Users of paved trails shall keep to the right half of the pavement at all times. 356 Bicyclists, skaters, users of other devises, pedestrians and others shall yield to equestrians. Bicyclists, skaters, and users of other devices shall yield to pedestrians. Bicyclists shall yield to skaters. Downhill users yield to Uphill users. Faster users yield to slower users. Trail users shall stop at all roads and yield to any automobile traffic, unless the intersection is posted otherwise. Trail users shall not be required to stop at each private driveway. At such intersections automobiles shall yield to trail users. Horses are restricted to the unpaved portions of trails unless otherwise posted as provided by law. Section 24.12.070. Prohibited activities., shall be repealed and replaced in its entirety with the following: Sec. 24.12.070. - Prohibited activities. It shall be unlawful, on any trail right-of-way (or an adjacent property if access thereto is achieved through the trail system) to create loud noises; to use firearms or fireworks; to litter; to obstruct the trail system; to deface, cut, blaze or carve trees, fences, vegetation, trail signs, markers, bridges or structures; to camp or ignite campfires (except in designated areas); or to camp overnight.It shall be illegal to operate any bicycle or other approved device upon the trail system in a careless manner. Section 24.12.080. Use after dark., shall be repealed and replaced in its entirety with the following: Sec. 24.12.080. - Use after dark. Users of the trail system after dark, on any type of bicycle or other allowed device shall be required to use a light as to be clearly visible to other users. Persons using the trail system, especially during the late night and early morning hours, shall avoid the making of any noise such as to disturb residents within the area of the trail right-of-way. Section 2. Effect Upon Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed 357 a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 9. Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10 th day of May 2022. Torre, Mayor ATTEST: ________________________ Nicole Henning, City Clerk FINALLY, adopted, passed and approved this ___ day of __________, 2022. Torre, Mayor ATTEST: ________________________ Nicole Henning, City Clerk APPROVED AS TO FORM: ______________________ 358 James True, City Attorney 359