HomeMy WebLinkAboutagenda.council.regular.20221115AGENDA
CITY COUNCIL REGULAR
MEETING
November 15, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
V.Special Orders of the Day
VI.Consent Calendar
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
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VI.A Resolution #123, Series of 2022 - Addendum to City Manager Employment
Agreement
VI.B Resolution #124, Series of 2022 - City of Aspen and Component Units - 2023 Budget
VI.C Resolution #126, Series of 2022 - City of Aspen Financial and Investment Policies -
2023 Update
VI.D Resolution #132, Series of 2022 - Burlingame Lot 1A Second Correction to Deed of
Conservation Easement
VI.E Resolution #134, Series of 2022 - Aspen Pitkin County Housing Authority - 2022 Fall
Supplemental
VI.F Draft Minutes of October 11th, 2022
VII.Notice of Call-Up
VII.AHPC approval for 520 E. Cooper Avenue–Minor Development and Commercial Design
Review
VII.B
HPC approval for 434 E. Cooper Avenue– Substantial Amendment
Third Addendum Cover memo from Mayor.docx
Resolution XX-2022 Authorizing Third Addendum to CM Employment Agreement -
unsigned.docx
Third addendum to CM employment agreement.docx
2023 Budget Resolution Memo 124 (Series 2022) 10.28.22 - Final.docx
Budget Resolution No.124 (Series 2022) 10.28.22 - Final.docx
Financial Policies Memo - Nov 15 2022.docx
City of Aspen Financial Policies - Resolution #126.docx
Financial_and_Investment_Policies - Eff Jan 2023.docx
Memo Regarding Resolution #132 - AVLT_Conservation_Easement.docx
Resolution # 132 (Series of 2022)-Burlingame Lot 1A Second Correction to Deed of
Conservation Easement.docx
Exhibit A_Second Deed Correction.pdf
Exhibit B_AVLT Resolution & Approval Docs..pdf
Resolution No. 134 - APCHA Memo.docx
Resolution No.134 - Fall APCHA Supplemental - Revised.pdf
cc.min.101122.docx
Notice of Call Up Memo.520 E Cooper.pdf
Exhibit A_Approved renderings.pdf
Exhibit B_Oct 12 HPC packet.pdf
Exhibit C_Minutes.pdf
Exhibit D_ Draft HPC Resolution 16 Series of 2022.pdf
Notice of Call Up Memo.434 E Cooper.pdf
Exhibit A_Approved renderings and drawings.pdf
Exhibit B_HPC packet October 12 2022.pdf
Exhibit C_HPC minutes.pdf
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VIII.First Reading of Ordinances
VIII.AOrdinance #16, Series 2022 - Updates to Title 25, Utilities
VIII.BOrdinance #18, Series of 2022 - City of Aspen 2022 Fall Supplemental Budget
Adjustment
VIII.COrdinance #19, Series of 2022 - City of Aspen 2023 Fee Schedules
IX.Public Hearings
IX.A Resolution #128 & #129, Series of 2022 - Temporary Use Requests | The St. Regis
(315 E. Dean Street) | Catch Steak (515 E. Hopkins Avenue)
IX.B Ordinance #17, Series of 2022 - Burlingame Triangle Parcel | Major Subdivision
X.Action Items
XI.Adjournment
Exhibit D_ Draft HPC Resolution 15 Series of 2022.pdf
Council Memo - Title 25 Updates - First Reading_Final 2022 1101.docx
Exhibit A - Ordinance #16 Series of 2022 - Title 25 Updates -Final 2022 1101.docx
2022 Fall Ordinance No.18, Series 2022 - Memo and Exhibits A-D.pdf
2022 Fall Ordinance No.18, Series 2022.pdf
2023 Fee Ordinance No 19 First Reading Memo 11.7.pdf
2023 Fee Ordinance.pdf
2023 Fee Ordinance Changes Worksheet (Series 2022) 11.7.2022.pdf
Temporary Use Batch Request 2022_Memo.pdf
Resolution No. 128, Series of 2022_315 E. Dean St._St. Regis_Resolution.pdf
Resolution No. 129, Series of 2022_515 E. Hopkins Ave_Catch Steak.pdf
Resolution No. 128, Series of 2022__315 E. Dean St._St. Regis_Staffs
Recommended Resolution.pdf
Exhibit A.1_St. Regis Review Criteria.pdf
Exhibit A.2_St. Regis_Application.pdf
Exhibit B.1_Catch Steak_Staff Findings.pdf
Exhibit B.2_Catch Steak_Application.pdf
Memo to Council_Triangle Parcel _Second Reading_.pdf
Ordinance No.17_Series of 2022_Burlingame_Triangle Parcel_Major Subdivision.pdf
Exhibit A_General Subdivision Review Standards.pdf
Exhibit B_Major Subdivision Review Standards.pdf
Exhibit C_AVLT Letter and Entitlement Docs.pdf
Exhibit D_Resolution No. 13_Series of 2022_Burlingame_Triangle Parcel_Major
Subdivision.pdf
Exhibit E_Application.pdf
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MEMORANDUM
To: City Council
From:Mayor Torre
Memo Date:November 7, 2022
Meeting Date: November 15, 2022
RE:Resolution #123-22 –Authorizing the Mayor to execute the third
addendum to the City Manager Employment Agreement
I request Council’s authorization to execute the third addendum to the City Manager
employment agreement, dated September 3, 2019. The third addendum provides
for a compensation adjustment based upon the satisfactory review of the city
manager for the period of September 1, 2021 –August 31, 2022.Additionally it
allows for an additional cash out of accrued, but unused leave benefits, not to
exceed 100 hours.
4
RESOLUTION No. 123
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDUM TO THE CITY
MANAGER EMPLOYMENT AGREEMENT
WHEREAS, Sara G. Ott “Employee” is currently employed by the City as the City Manager; and,
WHEREAS, the City Council has completed its most recent review of Employee for the evaluation
period of September 1, 2021 – August 31, 2022; and,
WHEREAS, the City Council has found Employee’s performance to meet and/or exceed
standards; and
WHEREAS, the City and Employee desire to amend the previously enter Employment Agreement
on terms mutually agreeable to the parties conditioned upon the adoption of this addendum
pursuant to a Resolution approved by City Council at a Regular Meeting of City Council;
WHEREAS, Section 3, COMPENSATION, of the Employment Agreement provides that any
adjustment to the compensation of the Employee shall be memorialized in writing, including the
effective date of any such chances, signed by both parties; and
WHEREAS, both parties wish to amend section 4.5 CASHOUT OF ACCRUED LEAVE to allow
additional annualized payout of accrued leave and memorialize such amendment;
NOW, THEREFORE, the Mayor is hereby directed to execute the attached third addendum to the
Employee’s Employment Agreement dated September 3, 2019.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 15th day of November, 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, November 15th, 2022.
Nicole Henning, City Clerk
5
Third addendum to
Employment Agreement between
City of Aspen, Colorado
and
Sara G. Ott
THIS THIRD ADDENDUM made this __ day of _____, 2022, modifies the
EMPLOYMENT AGREEMENT for City Manager, dated September 3, 2019, (“Agreement”) by
and between the CITY OF ASPEN (hereinafter referred to as "City"), and SARA G. OTT
(hereinafter referred to as "Employee"), as follows:
W I T N E S S E T H:
WHEREAS, Employee is currently employed by the City as the City Manager; and,
WHEREAS, the City Council has completed its most recent review of Employeefor the evaluation
period of September 1, 2021 – August 31, 2022; and,
WHEREAS, the City Council has found Employee’s performance to meet and/or exceed
standards; and
WHEREAS, the City and Employee desire to amend the previously enter Employment Agreement
on terms mutually agreeable to the parties conditioned upon the adoption of this addendum
pursuant to a Resolution approved by City Council at a Regular Meeting of City Council;
WHEREAS, Section 3, COMPENSATION, of the Employment Agreement provides that any
adjustment to the compensation of the Employee shall be memorialized in writing, including the
effective date of any such chances, signed by both parties; and
WHEREAS, both parties wish to amend section 4.5 CASHOUT OF ACCRUED LEAVE to allow
additional annualized payout of accrued leave and memorialize such amendment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree as follows:
1. The annual compensation of the Employee is increased to $249,999.30, retroactive to
September 1, 2021.
3. The employee is entitled to receive benefits calculated on the new compensation rates with an
effective date of September 1, 2021.
4. Retroactive payment and benefits shall occur no later than December 9, 2022. Deductions
authorized by law, City Council policy, or at the direction of the Employee may be made from
and applied to the retroactive payment.
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5. Section 4.5 Cash Out of Accrued Leave shall be restated and amended to read “Employee
shall retain the rights she enjoyed as the Assistant City Manager and Interim City Manager
under the City' s Compensation Program in terms of the timing of her right to" cash out"
accrued but unused leaves. Further, the employee is eligible for up to an additional 100 hours of
accrued leave payout in a fiscal year.“
6. All other terms of the Employment Agreement shall remain in full force and effect.
EMPLOYEE:
Signature:_________________________________________________________Date:_______
Sara G. Ott
CITY OF ASPEN:
Signature:________________________________________________________Date: _______
Torre, Mayor
Attest by:
Signature: ________________________________________________________Date: ________
Nicole Henning, City Clerk
Approved as to form:
Signature: ________________________________________________________Date:________
James R. True, City Attorney
7
MEMORANDUM
TO:City Council
FROM:Pete Strecker, Finance Manager
THRU: Sara Ott, City Manager
MEETING DATE:November 15, 2022
RE:Adoption of the 2023 Budget Resolution No. 124 (Series 2022)
Request of Council: The combined net budget authority for the City’s municipal funds for operational,
debt service and capital outlay equal $141,127,460 (excluding double-counted interfund transfers). The
proposed spending plan reflects a decrease of just under 1.0% from the original 2022 budget, yet also
advances Council’s affordable housing, childcare, climate, and transportation and mobility goals.
Also included is a request for net appropriations for three of the City’s component unit funds as follows:
Truscott Phase II Affordable Housing Fund of $3,423,650 with estimated revenues of $3,216,430; Aspen
Country Inn Affordable Housing Fund of $409,190 with estimated revenues of $426,650; and Aspen Mini
Storage Fund of $504,180 and estimated revenues amounting to $500,000.
Previous Actions: City Council and staff worked through the 2023 Proposed Budget during six work
sessions held throughout October. These work sessions progressed through each of the twenty-one City
funds and three component unit funds, provided key work plan and capital plan highlights, and proposed
changes to municipal fees for the next year.
City of Aspen Budget:The proposed 2023 operating budget is primarily one of balance, reflective of the
financial strength that lies within the City’s ledger, but also of delivering, now or in the future, the public
amenities and services the Community desires. The budget focuses on advancing Council goals around
affordable housing (primarily through the preservation of affordable housing assets); childcare (through
two new early childhood education interns and various childcare worker wages and provider supports);
greenhouse gas reductions; and transportation and mobility issues throughout the City. The City’s capital
budgets include more than $40 million in funding for affordable housing; electric and water utility
infrastructure; extensive Parks & Open space projects; design of a new Castle Creek entryway/exit; and
gallery improvements at the Red Brick Center for the Arts.
New supplemental funding in the 2023 spending plan equals $7.8 million. These requests increased the
operational budget by 8.9% and reflect the addition of 17.5 new FTEs (of which 8.3 FTE require no
budgetary increase), additional funding for health and human services grants, arts grants, a public art
community conversation, childcare supports, golf temporary labor and operational increases, purchased
power, and more.
Adjustments Since Initial Budget Proposal:
Incorporated into the final 2023 proposal are changes recently discussed with the Council at the October
24th work session and are summarized below:
$2M reduction in the 150 Housing Development Fund for Burlingame 3
$174,247 reduction in the 250 Debt Service Fund related to the sale of the Isis Theater
3% Cost of Living Adjustment of $1,025,170
$590,000 in childcare retention initiatives
$400,000 for Building IQ contracted services
8
$200,000 for pavement preservation projects
$100,940 for a Sr. Communications Specialist (1.0 FTE)
$89,870 for a Community Development Enforcement Officer (1.0 FTE)
$82,000 for 10% Increases to the Community Nonprofit and Health and Wellness Grants
$50,000 for Climate Action Communications Services
$40,000 to the Aspen Fire Protection District for Pano AI wildfire detection system
$35,000 for deicer application and supplies
$2,450 for membership dues to Ruedi Water & Power Authority
$0 (net zero budgetary impact) repurposing of temporary labor budgets to fund permanent Patron
Services FTE in Wheeler operations
2022 Orig.
Budget 2023 Budget $ Change %
Change
Revenues $157,262,993 $186,656,267 $29,393,273 18.7%
Base Operating: On-Going $79,531,007 $86,479,940 $6,948,933 8.7%
Supplementals $3,201,730 $7,769,590 $7,769,590 N/A
Total Operating $82,732,737 $94,249,530 $11,516,793 13.9%
Capital Outlay $53,108,255 $40,412,340 ($12,695,915)(23.9%)
Debt Service $6,564,870 $6,465,590 ($99,280)(1.5%)
Net Appropriations $142,405,862 $141,127,460 ($1,278,402)(0.9%)
Transfers $26,096,840 $30,900,450 $4,803,610 18.4%
Total Appropriations $168,502,701 $172,027,910 $3,525,209 2.1%
Ending Fund Balance $179,116,202 $222,341,887 $43,225,686 24.1%
Component Unit Funds
Truscott Phase II Affordable Housing Fund is one of three component units of the City of Aspen. Annual
revenues from this operation are such that collections should be sufficient to cover the annual operations
and debt service payments in this fund. In 2023, this fund will receive a $2M transfer from the 150 Housing
Development Fund for the preservation and replacement of critical infrastructure on the property.
The City is also the managing general partner for the ACI Affordable 1 LLLP. This Limited Liability
Limited Partnership - which also has a limited partner (APCHA) and an investment limited partner
(Boston Capital) - owns the Aspen Country Inn. For 2023, the annual authority reflects positive cash flow
which will be used to maintain the required reserves and is expected to pay down the developer fee still
owed to the City.
Finally, in 2020, the City purchased land and established a limited liability corporation to operate the
existing mini storage facilities located on the premises. The land lease terms set the annual rent charged
equal the net profit from the storage operation. These lease revenues are received back into the Housing
Development Fund as the property owner and allow the fund a return on its investment.
9
Component Unit Funds
Truscott Phase II
Property
Aspen Country Inn
Property
Aspen Mini
Storage
Revenues $3,216,430 $426,650 $500,000
Base Funding $598,460 $270,910 $504,180
Supplemental Requests $0 $0 $0
Total Operating $598,460 $270,910 $504,180
Capital Outlay $2,428,250 $0 $0
Debt Service $396,940 $138,280 $0
Net Appropriations $3,423,650 $409,190 $504,180
Transfers $0 $0 $0
Total Appropriations $3,423,650 $409,190 $504,180
Ending Fund Balance $683,780 $230,975 $3,660
Recommendations:Staff recommends approval of the proposed resolution adopting the 2023 Budget.
City Manager Comments:
10
RESOLUTION NO. 124
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO ADOPTING 1) THE 2023 MUNICIPAL BUDGET; AND 2) THE 2023
BUDGETS FOR TRUSCOTT PHASE II AFFORDABLE HOUSING FUND,
ASPEN COUNTY INN AFFORDABLE HOUSING FUND, AND ASPEN MINI STORAGE
WHICH ARE COMPONENT UNIT FUNDS OF THE CITY OF ASPEN, AND
AUTHORIZING APPROPRIATIONS PURSUANT THERE TO
WHEREAS,the City Manager, designated by Charter to prepare the budget, has prepared and
submitted to the Mayor and City Council the annual budget for the City of Aspen, Colorado
for the fiscal year beginning January 1, 2023 and ending December 31, 2023; and
WHEREAS,in accordance with Section 9.8 of the Home Rule Charter, the Council shall
adopt the budget by resolution on or before the final day established by law as December 15th
for certification of the ensuing year’s tax levy to the county; and
WHEREAS,Article 9 of the Aspen Home Rule Charter requires the adoption of an annual
budget with the opportunity for the public to participate at a public hearing at least 15 days
prior to the statutory deadline for certification of the ensuing year’s tax levy to the county, it is
the intent of the Council by adoption of this budget to follow the requirements of City Charter;
and
WHEREAS,the budgets as submitted in Exhibits A & B sets forth the amounts to be
appropriated for expenditure,and estimated revenues, for each accounting fund for the calendar
year of 2023,
SECTION 1:
NOW THEREFORE,be it resolved by City Council, that the budget for the City of Aspen,
Colorado for fiscal year 2023, attach hereto as Exhibit A and incorporated herein by this reference,
is hereby adopted. All constituted appropriations amounting to $172,027,910, and estimated
revenues amounting to $186,656,267, are hereby declared to be sufficient and necessary to pay
the expenses and certain indebtedness, and provide for a reasonable fund balance at the close of
the fiscal year ending December 31, 2023, as required pursuant to 29-1-103 (2), C.R.S.
SECTION 2:
NOW THEREFORE,be it resolved by City Council, that for fiscal year 2023, the budget for:
Truscott Phase II Affordable Housing Fund is hereby adopted with appropriations
amounting to $3,423,650 and estimated revenues amounting to $3,216,430;
Aspen Country Inn Affordable Housing Fund is hereby adopted with
appropriations amounting to $409,190 and estimated revenues amounting to $426,650;
Aspen Mini Storage Fund is hereby adopted with appropriations amounting to $504,180
and estimated revenues amounting to $500,000.
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That all are hereby declared to be sufficient and necessary to pay the expenses and certain
indebtedness, and provide for a reasonable fund balance at the close of the fiscal year ending
December 31, 2023, as required pursuant to 29-1-103 (2), C.R.S.
Adopted this 15th, day of November 2022
_____________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do
hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City
Council at its meeting held on the 15th day of November 2022.
_______________________________
Nicole Henning, City Clerk
12
Exhibit A - 2023 Appropriation by Fund
Fund Name
Opening
Balance Revenues Expenditures
Ending
Balance
001 - General Fund $30,461,471 $44,289,750 $44,203,400 $30,547,821
100 - Parks and Open Space Fund $14,930,770 $19,392,960 $24,461,710 $9,862,020
120 - Arts & Culture Fund $48,203,338 $6,383,940 $12,124,940 $42,462,338
130 - Tourism Promotion Fund $3 $4,095,250 $3,995,250 $100,003
131 - Public Education Fund $1 $4,317,120 $4,317,120 $1
132 - REMP Fund $2,842,880 $800,000 $1,480,600 $2,162,280
141 - Transportation Fund $19,692,193 $6,012,850 $5,127,230 $20,577,813
150 - Housing Development Fund $28,663,471 $33,710,060 $5,498,090 $56,875,441
152 - Kids First Fund $6,962,008 $4,165,150 $4,076,290 $7,050,868
160 - Stormwater Fund $2,656,569 $3,613,410 $4,489,600 $1,780,379
250 - Debt Service Fund $371,430 $6,225,867 $6,050,120 $547,177
000 - Asset Management Plan Fund $24,299,233 $5,856,600 $8,503,410 $21,652,423
421 - Water Utility Fund $7,027,354 $12,127,120 $12,830,280 $6,324,194
431 - Electric Utility Fund $5,400,585 $11,422,640 $12,768,150 $4,055,075
451 - Parking Fund $3,190,449 $4,302,770 $4,527,220 $2,965,999
471 - Golf Course Fund $1,420,051 $3,023,200 $3,229,090 $1,214,161
491 - Truscott I Housing Fund $646,550 $1,462,210 $1,585,800 $522,960
492 - Marolt Housing Fund $1,806,037 $1,609,560 $1,840,590 $1,575,007
501 - Employee Benefits Fund $3,963,800 $6,731,400 $6,377,930 $4,317,270
505 - Employee Housing Fund $4,596,784 $3,844,200 $1,255,630 $7,185,354
510 - Information Technology Fund $578,553 $3,270,210 $3,285,460 $563,303
Total Gross Appropriations $207,713,531 $186,656,267 $172,027,910 $222,341,887
Transfers ($30,900,450)($30,900,450)
Total Net Appropriations $155,755,817 $141,127,460
Exhibit B – Component Unit Funds
Fund Name
Opening
Balance
Revenue
Budget
Expenditure
Budget
Ending
Balance
Truscott Phase II Affordable Housing Fund $891,000 $3,216,430 $3,423,650 $683,780
ACI Affordable Housing Fund $213,515 $426,650 $409,190 $230,975
Aspen Mini Storage $7,840 $500,000 $504,180 $3,660
13
MEMORANDUM
TO:City Council
FROM:Pete Strecker, Finance Director
THROUGH:Sara Ott, City Manager
MEETING DATE:November 15, 2022
RE:Adjustment to City’s Financial and Investment Policies
REQUEST OF COUNCIL:Staff requests Council approval of the proposed Financial and
Investment Policies to adopt minor amendments recommended by our investment
advisors as some sections no longer apply or align with the City’s investment objectives.
Additionally, the proposed changes also will affirm Council direction to increase the
reserve threshold in the Arts and Culture Fund from 50% to 100% of annual expenditures,
as discussed during the 2023 Proposed Budget deliberations.
SUMMARY AND BACKGROUND:As part of the annual budget cycle, staff assesses
existing policies, and consults with its external auditors and investment advisor, to make
recommendations for policy changes that may be considered by City Council. Council
last adopted policy changes to the Financial and Investment Policies in 2021 when it
sought to incorporate environmental scoring for corporate institutions as a criterion when
making new investment considerations.
DISCUSSION: The City’s current Financial and Investment Policies reflect references to
the “Standards of Practice Handbook of the Association for Investment Management and
Research”. This particular institution no longer exists and ultimately, the City’s investment
advisor noted that these standards did not well align with the City’s investment focus and
recommended these references be removed. Both changes can be found on page 17 of
the newly proposed policies.
The investment advisor also proposed a second deletion, removing the reference to
“purchases of certificates of deposit” (found on page 22) under the collateralization
section – the City does not have any CDs in its portfolio.
Additionally, staff has incorporated recommended adjustments to the annual reserve
target for the Arts and Culture Fund (found on page 14 of the newly proposed policies),
to increase this reserve target from 25% to 100% of annually adopted spending authority.
This increase will be the largest reserve target required in any one fund within the City’s
budget. This annual reserve shall be fully applicable to support the Wheeler Opera House,
as well as any and all expanded uses set forth by previously granted voter approval;
however, collections received prior to voter approved expansion shall continue to be
uniquely held and solely applied towards Wheeler Opera House operations and capital
maintenance.
14
Finally, staff has incorporated recent changes within the financial policies to set caps on
departmental and central carryforward savings programs (found on page 15), to be limited
to $150,000 and $450,000, respectively.
RECOMMENDATIONS: Staff recommends Council approval of Resolution #126 (Series
2022) and approval of the revised City’s Financial and Investment Policies.
FINANCIAL IMPACTS:There are no significant impacts associated with the proposed
amendment, aside from the large reserve target that will be required within the Arts and
Culture Fund.
CITY MANAGER COMMENTS:
15
RESOLUTION NO. 126
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO UPDATING THE CITY OF ASPEN FINANCIAL AND
INVESTMENT POLICIES.
WHEREAS,the financial and investment policies represent the best practices of
governmental financial management and establishment of guidelines for financial
planning, expenditures and revenues; and
WHEREAS,the financial and investment policies help to ensure the City maintain
sufficient reserves, maximizes the effectiveness of its expenditures and preserve the safety
of the City’s public funds; and
WHEREAS, the Governmental Financial Officers Association (GFOA)
recommends the establishment of formal financial policies to guide governmental decision
making, develop approach to achieve goals, develop a budget consistent with achieving
these goals, evaluate performances and make adjustments; and
WHEREAS, periodic review and modification of these policies creates a robust
and healthy process for ensuring that these policies remain applicable to the goals of the
City Council and of the Community;
SECTION 1
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO does hereby approve of the updated financial and
investment policies attached hereto, including the changes driven by amendments to the
Colorado State Statutes.
SECTION 2
ADOPTED THIS 15th day of November 2022,
________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado,
do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by
the City Council at its meeting held on November 15, 2022.
_______________________
Nicole Henning, City Clerk
16
Financial and
Investment Policies
Effective January 1, 2023
17
2
FINANCIAL AND INVESTMENT POLICIES
Table of Contents
FINANCIAL POLICIES..............................................................................................................3
INTRODUCTION ...................................................................................................................3
FINANCIAL GOALS ...............................................................................................................3
FINANCIAL REPORTING AND AUDITING ...........................................................................4
BUDGET POLICIES ..................................................................................................................4
BUDGET OVERVIEW ............................................................................................................4
BUDGET PHILOSOPHY ........................................................................................................5
BALANCED BUDGET ............................................................................................................5
BUDGET ADOPTION ............................................................................................................6
AMENDMENTS AFTER ADOPTION .....................................................................................7
ADMINISTRATION OF BUDGET ..........................................................................................8
INDEPENDENT AUDIT..........................................................................................................8
ASSETS .................................................................................................................................8
EXPENDITURE POLICIES .....................................................................................................10
EXPENDIURE OVERVIEW .................................................................................................10
PAYMENTS AND OBLIGATIONS PROHIBITED.................................................................10
DEBT MANAGEMENT POLICY ...........................................................................................10
INTERFUND ADVANCES (INTERFUND LOANS)...............................................................13
FUND BALANCES AND OPERATING RESERVES ............................................................14
CARRYFORWARD SAVINGS .............................................................................................15
REVENUE POLICIES..............................................................................................................16
INVESTMENT POLICIES ........................................................................................................16
18
3
FINANCIAL AND INVESTMENT POLICIES
INTRODUCTION
The City of Aspen (“City”) is a Colorado home rule municipality operating under its City Charter
(“Charter”). The City functions under the direction of a City Manager (“Manager”)who is appointed by
a Mayor and four-member City Council (“Council”). The State Constitution and the City Charter provide
the basic legal requirements and timelines for policies, while Council approves goals, ordinances and
resolutions that provide more specific direction that responds to the needs of the City.
The City of Aspen Staff (“Staff”)has an important responsibility to carefully account for public funds, to
manage municipal finances wisely and to plan and provide for the adequate funding of services desired
by the public and as required by laws, rules or regulations, including the provision and maintenance of
public facilities and improvements. The financial goals and policies set forth in this document are
intended to establish guidelines for the continued financial strength and stability of the City.
FINANCIAL GOALS
Financial goals are broad, timeless statements of the financial management the City seeks to maintain.
A fiscal policy that is adopted, adhered to and regularly reviewed is recognized as the cornerstone of
sound financial management. The financial goals for the City of Aspen are:
To promote cooperation and coordination within the City in the delivery of services.
To provide full value for each tax dollar by delivering quality services efficiently and on a cost-
effective basis.
To preserve quality of life by providing and maintaining adequate financial resources and capital
assets necessary to sustain the desired level of municipal services and meet long-term needs.
To respond to changes in the economy, the priorities of governmental and non-governmental
organizations and other changes that may affect financial well-being.
To minimize financial risk in providing services and maintain a strong credit rating in the financial
community.
To annually prepare a budget, submit it to Council for approval and publicly issue a budget
document.
To identify costs and funding sources before recommending approval of capital and operating
budgets.
To view the budget as a dynamic rather than static plan requiring periodic adjustments as
circumstances change.
FINANCIAL POLICIES
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FINANCIAL REPORTING AND AUDITING
The City will establish and maintain a high standard of accounting practices. Accounting standards will
conform to Generally Accepted Accounting Principles (“GAAP”) as outlined by the Governmental
Accounting Standards Board (“GASB”). Accounting standards will reflect Best Practices recommended
by the Government Finance Officers Association (“GFOA”).
After each fiscal year, a comprehensive annual financial report will be prepared for the City and a
certified public accounting firm will conduct an audit of the City’s records. The comprehensive annual
financial report will include an independent audit opinion regarding presentation of the financial
statements, taken as a whole, in conformity with accounting principles generally accepted in the United
States. This report shall be made available to Council, staff, bond-rating agencies and the general public.
The accounting firm will also issue a communication to City Council regarding the important observations
arising from the audit.
The City will complete periodic reports as needed and requested by the City Manager and Council, which
may include monthly revenue and expenditure reports, quarterly forecast reports, sales tax reports and
an annual budget report.
Multi-year capital improvement projects shall be reported on a multi-year basis, comparing original
budgets, amendments to the budget and all costs over the life of the project. In the case of housing
projects, the original anticipated subsidy and changes to the subsidy over the life of the project shall also
be tracked and reported.
BUDGET OVERVIEW
The preparation and adoption of the annual budget is an important exercise for the entire organization.
Sound financial practice and the desire to maintain a strong credit rating dictate that the budgets be
balanced, constantly monitored and responsive to changes. The process encompasses an extended
period of planning, review, forecasting and priority setting. The City’s annual budget is a comprehensive
fiscal plan which spells out how services will be provided and community improvements will be achieved.
Upon its adoption by Council, it becomes a controlling mechanism by which to measure the resources
receipted and expenditures made to meet approved objectives.
The annual budget is a plan which provides the Council and City Manager with the financial information
necessary for the allocation of resources to accomplish the goals and objectives of the City. The provision
of municipal services is accomplished through the budget. The budget, along with the annual
appropriation ordinances, provides the basis for the control of expenditures and sets the financial
guidelines for the City. The basic legal requirements and budget process are defined by the State
Constitution and the City Charter. Council approves the budget objectives.
BUDGET POLICIES
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BUDGET PHILOSOPHY
The City is committed to developing a sound financial plan. The City provides a wide variety of services
to the residents of the community, and it is the responsibility of Council to adopt a budget and manage
the available resources to best meet the service needs for the overall good of the community. To achieve
this, the City:
Utilizes conservative growth and revenue forecasts;
Prepares multi-year plans for operations and capital improvements;
Establishes budgets for all Funds based on Council approved budget assumptions;
Appropriates the budget in accordance with the City Charter and State Constitution; and
Develops a budget that provides service levels which reflect the needs of the community.
The City manages a bottom line budget. Funds and Departments are required to allocate resources and
manage operations to achieve their core mission within the funding level provided. Changes in service
level requirements mandated by law, directed by Council or influenced by other factors (changes in
technology, annexations, reorganizations of Departments, etc.) provide a basis for changes in base level
funding. Increases in funding are requested as supplemental or new program appropriation requests. If
a Fund or Department experiences a decrease in needs, resources can be reallocated within the City as
needed.
BALANCED BUDGET
Fiscal Year
The fiscal year of the City shall begin on the first day of January and end on the last day of December.
Submission of Budget and Budget Message
The City Manager, prior to the beginning of each fiscal year, shall submit to Council the budget for said
ensuing fiscal year and an accompanying message.
The City Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed Financial Policies of the City for the ensuing fiscal year, describe
the important features of the budget, indicate any major changes from the current year in Financial
Policies, expenditures and revenues, together with the reasons for such changes, summarize the City's
debt positionand include such other material as the City Manager deems desirable or which the Council
may require.
Budget Content
The budget shall provide a complete financial plan of all Funds for the ensuing fiscal year and, except as
required by law or the Charter, shall be in such form as the City Manager deems desirable or Council
may require. In organizing the budget, the City Manager shall utilize the most feasible combination of
expenditure classification by Fund, Department, Program and Object. It shall begin with a clear general
summary of its contents and shall be so arranged as to show comparative figures for actual and
estimated revenue and expenditures of the preceding fiscal year. It shall indicate in separate sections:
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Anticipated revenues classified as amounts to be receivedfrom taxes and feesand miscellaneous
revenues;
Proposed expenditures for current operations during the ensuing fiscal year, detailed by
Departments and Funds in terms of their respective programs and the method of financing such
expenditures;
Required expenditures for debt service, judgments and statutory expenditures;
Proposed capital expenditures during the ensuing fiscal year, detailed by Departments and Funds
when practicable and the proposed method of financing each such capital expenditure;
Anticipated beginning and ending balances or deficit for the ensuing fiscal year for all Funds.
The total of proposed expenditures and provision for contingencies shall not exceed the total of
estimated revenue and use of fund balance consistent with provisions of this Financial Policy unless
necessitated by emergency situations.
Long Range Plans
Staff will developLong Range Plans (“LRP’s”) which forecast the fiscal condition of every major City Fund
over a ten-year horizon. These plans are to be used to analyze the long-termfinancial impact of changes
in revenue streams, funding levels, programmed services and capital improvements during the current
fiscal year. Years two through ten are for planning purposes only; years one through five will be
submitted as part of the budget proposal to City Council for their review.
LRP’s are used as financial models throughout the year to assess financial impacts as policy issues arise
and are relied upon for estimating the fiscal impact of budgetary changes.
Asset Management Plan
An Asset Management Plan (“AMP”) will be developed for a period of ten (10) years. The AMP will be
reviewed and updated annually. Years two through ten are for planning purposes only; years one
through five will be submitted as part of the budget proposal to City Council for their review.
The City’s AMP includes the purchase, renovation or upgrade of new and existing municipal facilities,
properties and equipment. The AMP is funded from multiple sources depending on the type of project
and the use of the asset.
To be considered in the AMP, a project must have an estimated cost of at least $10,000. Certain assets
below that cost may be included for informational and planning purposes at Council’s discretion. Staff
will identify the estimated costs and potential funding sources for each capital project prior to inclusion
in the AMP. The operating costs to maintain capital projects shall be considered prior to undertaking
the capital projects. The impacts of capital assets are budgeted for in the operating budgets.
BUDGET ADOPTION
Budget Hearing
The City of Aspen’s budget is adopted at a public hearing by resolution. The public hearing will be held
at least fifteen (15) days prior to the County’s deadline of December 15th for the certification of the tax
levy. Public notice is published seven (7) days prior to the hearing. See Section 9.6 of the Charter.
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Council Amendments
After the public hearing, Council may adopt the budget with or without amendment. In amending the
budget, it may add or increase programs or amounts and may delete or decrease any programs or
amounts, except expenditures required by law or for debt service or for estimated cash deficit.
Council Adoption
The Council shall adopt the budget by resolution on or before the final day established by law for the
certification of the ensuing year's tax levy to the county. If it fails to adopt the budget by this date, the
amounts appropriated for the current operation for the current fiscal year shall be deemed adopted for
the ensuing fiscal year on a month-to-month basis, with all items in it pro-rated accordingly, until such
time as Council adopts the budget for the ensuing fiscal year.
Property Tax Levy
The City of Aspen’s mill levy is adopted at a public hearing by resolution. The property tax mill levy
establishes the amount of property tax that will be collected in the ensuing year. The City’s general
property tax (not including the Stormwater Fund mill levy) is the only revenue source subject to the Tax
Payers Bill of Rights “TABOR.” In 1992, the voters of Colorado amendedArticle X, Sec. 20of the Colorado
Constitution to the effect that any revenue increase resulting in the increase of governmental revenues
at a rate faster than the combined rate of inflation and growth in property would be refunded to
taxpayers. Voters may authorize City retention of revenues in excess of TABOR limits by ballot.
Public notice of the mill levy hearing is published at least seven (7) days prior to the hearing. The
County’s deadline for the certification of the tax levy is December 15th. See Section 9.9 of the Charter.
Public Records
Copies of the budget and the included capital program as adopted shall be public records and made
available to the public in the municipal building and on the City’s website at www.aspen.gov.
AMENDMENTS AFTER ADOPTION
Supplemental Appropriations
If during the fiscal year the City Manager certifies that there is funding available for appropriation, the
Council by ordinance may make supplemental appropriations for the year. If additional appropriations
are requested of council prior to a supplemental ordinance, Council may approve the expenditure and
authorize spending prior to the ordinance. The Clerk’s Department will provide to the Finance
Department the memo presented to Council with the affirmative action by council with decision
summary and stated dollar amount.
Emergency Appropriations
To meet a public emergency affecting life, health, property or the public peace, Council may make
emergency appropriations. Such appropriations may be made by emergency ordinance in accordance
with provisions of Section 4.11 of the Charter.
Reduction of Appropriations
If at any time during the fiscal year it appears probable to the City Manager that the funds available will
be insufficient to meet the amount appropriated, the Manager shall report to Council indicating the
estimated amount of the deficit, any remedial action taken by him and his recommendation as to any
other steps to be taken. The Council shall then take such further action as it deems necessary to prevent
or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations.
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Transfer of Appropriations
Any time during the fiscal year the City Manager may transfer part or all of any unencumbered
appropriation balance among programs within a Department or Fund. Transferring appropriation
balance between Funds requires Council approval. The City Manager may give authority to Staff to
authorize the transfer of unencumbered appropriations between line items within a Department or
Fund. Unencumbered appropriations may be transferred from all line items without approval from the
Finance Director except payroll. In order to transfer unencumbered appropriations dedicated to payroll,
approval must be obtained from the Finance Director.
Capital project appropriations may not be moved from one project to another. Any appropriation
balance within a project may not be used for any other purpose unless the City Manager gives authority
to Staff to change the scope of the project or to move that budget authority to another expenditure
account.
Limitation
No appropriation for debt service may be reduced or transferred and no appropriation may be reduced
below any amount required by law to be appropriated or by more than the amount of the
unencumbered balance thereof. The supplemental and emergency appropriation and reduction or
transfer of appropriations authorized by this section may be made effective immediately upon adoption.
ADMINISTRATION OF BUDGET
As required by Section 9.13 (c) of the Charter, a monthly budget report will be created to provide a
snapshot of the City’s budgetary and investment status for the current year. This report is intended as
a policy‐level document for overall review of the City's fiscal condition and how that condition relates to
major budget issues. This report will be submitted to Council for review. In addition, it is intended for
the use of City Staff with budget management responsibilities. This report will show the status of the
revenue and expenditure compared to the current year’s budget authority.
INDEPENDENT AUDIT
An independent audit shall be made of all City accounts at least annually and more frequently if deemed
necessary by Council. Such audit shall be made by certified public accountants, experienced in municipal
accounting, selected by City Council. Copies of such audit shall be made available for public inspection
at the municipal building and on the City’s website at www.aspenpitkin.com.
ASSETS
Capital Assets and Capitalization Threshold
The City qualifies a capital asset as having a cost of $5,000 or more, a useful life of one year or more and
a use in operations and not for resale.
A capital asset is to be reported and depreciated in government-wide financial statements. In the
government-wide financial statements, assets that are not capitalized are expended in the year of
acquisition.
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Infrastructure assets are long-lived capital assets that normally can be preserved for a greater number
of years than most capital assets and are normally stationary in nature. Examples include roads, bridges,
tunnels, drainage systems, water and sewer systems and dams. Infrastructure assets do not include
buildings, drives, parking lots or any other examples given above that are incidental to property or access
to the property.
The capitalization threshold is based on the cost of a single asset. Assets that do not meet the
capitalization threshold will be recorded as expenditures.
Capital assets that meet the minimum capitalization threshold will be recorded at historical cost. The
cost of a capital asset includes capitalized interest in accordance with GAAP and ancillary charges
necessary to place the asset into its intended location and condition for use.
Classes of Assets
The City establishes the following major categories of capital assets:
Land and Land Rights (including Water Rights)
Land Improvements (Improvements other than Buildings)
Buildings and Building Improvements
Construction in Progress
Vehicles
Machinery and Equipment (Including Office Equipment)
Infrastructure (Roads, Bridges, Trails, Drainage, Water, Sewer, Dams and Lighting Systems)
Capital Asset Costs
The City establishes the following as capital asset costs:
Ancillary charges necessary to place the asset into its intended location and condition of use
Ancillary charges include costs that are directly attributable to asset acquisition:
o Freight and transportation charges
o Installation costs
o Site preparation costs
o Professional fees (attorney, architect, surveyor, engineering and tap)
Direct charges of staff time
Depreciation
In order to be depreciated, an asset must be classified as a capital asset. Capital Assets (excluding land)
are depreciated using the straight-line method over the following estimated useful lives:
Buildings 25 – 50 years
Infrastructure and Improvements other than Buildings 10 – 65 years
Machinery and Equipment 3 – 49 years
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Asset Inventory
The City shall inventory all capital assets. An inventory of all assets is maintained in a database by the
Finance Department. The inventory record will identify the responsible Department or Fund, in addition
to description, year of acquisition, method of acquisition, funding source, cost or estimated cost, and
estimated useful life. The City shall assess the condition of all major capital assets. This information will
be used to plan for the ongoing financial commitments required for major repairs or replacement to be
funded.
Operation and Maintenance
Capital assets shall be maintained in working condition and properly safeguarded. These assets will be
maintained at a level that protects capital investment and minimizes future maintenance and
replacement costs. Budgets should provide sufficient funding for operations, maintenance, replacement
and enhancements of capital assets.
A high priority will be placed on maintenance where deferral results in greater costs to restore or replace.
Maintenance of existing capital assets should be given priority over acquisition of new assets unless the
available funding cannot be used for maintenance of existing capital assets. The City will avoid deferral
of scheduled capital maintenance to achieve a balanced budget.
EXPENDITURE OVERVIEW
Expenditures are a rough measure of a local government’s service output. While many expenditures can
be easily controlled, emergencies, unfunded mandates and unanticipated service demands may strain
the City’s ability to maintain a balanced budget. The City is committed to ensure the proper control of
expenditures and provide for a quick and effective response to adverse financial situations.
PAYMENTS AND OBLIGATIONS PROHIBITED
No payments shall be made or obligation incurred against any allotment or appropriation except in
accordance with appropriations duly made and unless the manager first certifies that there is a sufficient
unencumbered balance in such allotment or appropriation and that sufficient funds there from are or
will be available to cover the claim or meet the obligation when it becomes due and payable. Any
authorization of payment or incurring of obligation in violation of the provisions of this document shall
be void and any payment so made illegal; such action shall be cause for removal of any officer who
knowingly authorized or made such payment or incurred such obligation, and the officer shall also be
liable to the City for any amount so paid. However, except where prohibited by law, nothing in this
document shall be construed to prevent the making or authorizing of payments or making of contracts
for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the
making of any contract or lease providing for payments beyond the end of the fiscal year, provided that
such act was made or approved by ordinance.
DEBT MANAGEMENT POLICY
Debt is an effective way to finance capital improvements or to even out short-term revenue flows.
EXPENDITURE POLICIES
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Properly managed debt preserves the City’s credit rating, provides flexibility in current and future
operating budgets and provides the City with long-term assets that maintain or improve quality of life.
Limitation of Indebtedness
The City shall not become indebted for any purpose or in any manner in an amount which, including
existing indebtedness, shall exceed twenty (20) percent of the assessed valuation of the taxable property
within the City, as shown by the last preceding assessment for City purposes; provided, however, that in
determining the limitation of the City's power to incur indebtedness there shall not be included bonds
issued for the acquisition or extension of a water system or public utilities; or bonds or other obligations
issued for the acquisition or extension of enterprises, works or ways from which the City will derive a
revenue in accordance with Section 10.5 of the Charter.
Forms of Borrowing
The City may borrow money and issue the following securities to evidence such borrowing:
Short-Term Notes
The City, upon the affirmative vote of the majority of the entire Council, may borrow money without an
election in anticipation of the collection of taxes or other revenues and to issue short-term notes to
evidence the amount so borrowed. Any such short-term notes shall mature before the close of the fiscal
year in which the money is borrowed.
General Obligation Bonds
No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of general
property taxes or to which the full faith and credit of the City are pledged, shall be issued, except in
pursuance of an ordinance, nor until the question of their issuance shall, at a general election, be
submitted to a vote of the electors and approved by a majority of those voting on the question; qualified
electors of the City shall mean those duly qualified to vote at a general election in the City of Aspen
unless the Council for sufficient reason shall by ordinance calling the election, restrict or limit such
classification of electors to taxpaying electors as may be defined by ordinance adopted by the Council,
provided, however, that such securities issued for acquiring utilities and rights thereto, or acquiring
improving or extending any municipal utility system, or any combination of such purposes, may be so
issued without an election.
Revenue Bonds
The City may borrow money, issue bonds or otherwise extend its credit for purchasing, constructing,
condemning,otherwise acquiring, extendingor improving a water, electric, gas or sewer systemor other
public utility or income-producing project provided that the bonds or other obligations shall be made
payable from the net revenues derived from the operation of such system, utility or project and
providing further that any two (2) or more of such systems, utilities and projects may be combined,
operated and maintained as joint municipal systems, utilities or projects in which case such bonds or
other obligations shall be made payable out of the net revenue derived from the operation of such joint
systems, utilities or projects. Such bonds shall not be considered a debt or general obligation of the City
for the purposes of determining any debt limitation thereof.
The City shall, in addition, have the authority to issue revenue bonds payable from the revenue or income
of the system, utility or project to be constructed or installed with the proceeds of the bond issue, or
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payable in whole or in part from the proceeds received by the City from the imposition of a sales or use
tax by the State of Colorado or any agency thereof.
No bond shall be issued until the question of their issuance shall, at a general election, be submitted to
a vote of the electors and approved by a majority of those voting on the question.
Refunding Bonds
The Council may authorize, by ordinance, without an election, issuance of refunding bonds or other like
securities for the purpose of refunding and providing for the payment of the outstanding bonds or other
like securities of the City of the same nature or in advance of maturity by means of an escrow or
otherwise.
Special or Local Improvement District Bonds
The City shall have the power to create local improvement districts and to assess the cost of the
construction or installation of special or local improvements against benefited property within
designated districts in the City by:
Order of Council, subject, however, to protest by the owners of a majority of all property
benefited and constituting the basis of assessment as the Council may determine.
A petition by the owners of more than fifty (50) percent of the area of the proposed district
provided that such majority shall include not less than fifty (50) percent of the landowners
residing in the territory.
In either event, a public hearing shall be held at which all interested parties may appear and be heard.
Right to protest and notice of public hearing shall be given as provided by Council by ordinance. Such
improvements shall confer special benefits to the real property within said district and general benefits
to the City. The Council shall have the power by ordinance to prescribe the method of making such
improvements, of assessing the cost thereof and of issuing bonds for cost of constructing or installing
such improvements including the costs incidental thereto. Bonds shall be authorized for issuance after
approval by the registered electors in the district at a regularly scheduled election.
Where all outstanding bonds of a special or local improvement district have been paid and any monies
remain to the credit of the district, they shall be transferred to a special surplus and deficiency fund and
whenever there is a deficiency in any special or local improvement district fund to meet the payments
of outstanding bonds and interest due thereon, the deficiency shall be paid out of said surplus and
deficiency fund. Whenever a special or local improvement district has paid and cancelled three-fourths
of its bonds issued and for any reason the remaining assessments are not paid in time to take up the
remaining bonds of the district and the interest due thereon and there is not sufficient monies in the
special surplus and deficiency fund, then the City shall pay said bonds when due and the interest due
thereon and reimburse itself by collecting the unpaid assessments due from said district.
In consideration of general benefits conferred on the City from the construction or installation of
improvements in improvement districts, the Council may levy annual taxes on all taxable property within
the City at a rate not exceeding four (4) mils in any one year, to be disbursed as determined by the
Council for the purpose of paying for such benefits, for the payment of any assessment levied against
the City in connection with bonds issued for improvement districts or for the purpose of advancing
monies to maintain current payments of interest and equal annual payments of the principal amount of
bonds issued for any improvement district hereinafter created. The proceeds of such taxes shall be
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placed in a special fund and shall be disbursed only for the purposes specified herein, provided that in
lieu of such tax levies, the Council may annually transfer to such special fund any available monies of the
City, but in no event shall the amount transferred in any one year exceed the amount which would result
from a tax levied in such year as herein limited.
Long Term Installment Contracts, Rentals and Leaseholds
In order to provide necessary land, buildings, equipment and other property for governmental or
proprietary purposes, the City is hereby authorized to enter into long term installment purchase
contracts and rental or leasehold agreements. Such agreements may include an option or options to
purchase and acquire title to such property within a period not exceeding theuseful life of such property
and in no case exceeding forty (40) years. Each such agreement and the terms thereof shall be approved
by an ordinance duly enacted by the City. The Council is authorized and empowered to provide for the
payment of said payments or rentals from a general levy imposed upon both personal and real property
included within the boundaries of the City, or by imposing rates, tolls and service charges for the use of
such property or any part thereof by others, or from any other available municipal income or from any
one or more of the above sources provided that nothing herein shall be construed to eliminate the
necessity of voter approval of a tax or levy if otherwise required by this Charter. The obligation to make
any payments or pay any rentals shall constitute an indebtedness of the City within the meaning of the
Charter limitation on indebtedness. Property acquired or occupied pursuant to this Charter shall be
exempt from taxation so long as used for authorized governmental or proprietary functions of the City.
See Ordinance 12-1975.
INTERFUND ADVANCES (INTERFUND LOANS)
General Accounting Auditing and Financial Reporting (GAAFR) regulations denote that interfund
advances, because they occur purely within a single governmental entity, do not regard the asset as an
investment nor the liability as debt. This distinction qualifies these transactions as independent and
unrelated to the traditional indebtedness and investment policies otherwise established in these financial
policies. Therefore, with this clarification, interfund advances shall be a permissible mechanism for
short-term “borrowing” between City funds, with the following parameters unless otherwise specified
by City Council:
An internal borrowing rate shall be established and benchmarked to the treasury yield
(for the applicable term) at the time of the initial loan arrangement. This will be a fixed
rate for the duration of the advance.
A term will be established at the commencement of an interfund advance. The term shall
be set such that the borrowing fund can manage the annual debt service payments in
tandem with meeting the financial reserve target as outlined in the City’s financial
policies. The maximum term shall not exceed 10 years. There shall also be no pre-
payment penalty for early repayment of the advance.
The principal amount of the loan shall be established such that the existing 10-year
operational and capital plan for the lending fund is not adversely affected. The principal
amount will be shown as an expense (as a transfer out and ultimately a reduction to fund
balance) in the lending fund and will appear as a revenue (transfer in) for the fund
receiving the advance.
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FUND BALANCES AND OPERATING RESERVES
Adequate reserve levels are a necessary component of the City’s overall financial management strategy
and a key indicator of the City’s financial health. A fund balance policy is necessary to ensure that City
programs and current service levels are protected from changes in revenue growth or expenditure
requirements. The GFOA recommends the establishment of a formal policy on the level of fund balance
that should be maintained in the General Fund and encourages the adoption of similar policies for other
types of Governmental Funds.
It is the policy of the City to maintain a reserve in the General Fund of no less than twenty-five (25)
percent of annual appropriated expenditures, including reoccurring transfers, at year end as identified
in the LRP.
The General Fund reserve may be drawn upon on recommendation of Staff with Council approval to
compensate for an expected shortfall. A minimum reserve of five (5) percent of annual appropriated
expenditures must remain at all times. Staff’s recommendation to draw upon this reserve must include
a replenishment schedule to begin within twelve months of the draw and result in full replenishment of
the reserve requirement within thirty-six months of the draw.
It is the policy of the City to maintain a reserve in the Arts and Culture Fund of no less than one-hundred
(100) percent of annual appropriated expenditures, including reoccurring transfers, at year end as
identified in the LRP.
The Arts and Culture Fund reserve may be drawn upon on recommendation of Staff with Council
approval to compensate for an expected shortfall. A minimum reserve of five (5) percent of annual
appropriated expenditures must remain at all times. Staff’s recommendation to draw upon this reserve
must include a replenishment schedule to begin within twelve months of the draw and result in full
replenishment of the reserve requirement within thirty-six months of the draw.
It is the policy of the City to maintain a reserve in the Water Utility Fund and the Electric Utility Fund of
no less than twenty-five (25) percent of annual appropriated expenditures, including reoccurring
transfers, at year end as identified in the LRP.
Water Utility Fund and Electric Utility Fund reserves may be drawn upon on recommendation of Staff
with Council approval to compensate for an expected shortfall. A minimum reserve of five (5) percent
of annual appropriated expenditures must remain at all times. Staff’s recommendation to draw upon
these reserves must include a replenishment schedule to begin within twelve months of the draw and
result in full replenishment of the reserve requirement within thirty-six months of the draw.
It is the policy of the City to maintain a reserve in all other City Funds except for certain funds listed
below of no less than twelve and a half (12.5) percent of annual appropriated expenditures, including
reoccurring transfers but excluding large capital expenditures, at year end as identified in the LRP. The
funds that are not part of this policy include: Asset Management Plan Fund, Housing Development Fund,
Employee Housing Fund, City Tourism Promotion Fund, Aspen Public Education Fund, Debt Service Fund,
Employee Health Insurance Fund and Information Technology Fund. These funds are excluded from the
policy because they are capital project funds, Internal Service Funds or have a policy of having a zero
fund balance.
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The reserve may be drawn upon on recommendation of Staff with Council approval to compensate for
an expected shortfall. A minimum reserve of five (5) percent of annual appropriated expenditures must
remain at all times. Staff’s recommendation to draw upon this reserve must include a replenishment
schedule to begin within twelve months of the draw and result in full replenishment of the reserve
requirement within thirty-six months of the draw.
GASB Statement No. 54 established fund balance classifications for governmental funds. The Statement
requires the adoption of policies surrounding those fund balance classifications.
In the fund financial statements, governmental funds report fund balance classifications including
nonspendable resources, restricted amounts, committed amounts and assigned amounts. Only the
General Fund reports unassigned amounts that have not been restricted, committed, or assigned to
specific purposes within the General Fund. However, it may be necessary for other governmental funds
to report negative fund balance as unassigned. The City Council must take formal action through
resolution or ordinance to establish, modify or rescind committed fund balance amounts. The City
Council has the authority to establish, modify or rescind assigned fund balance to a specific department
or project within a fund.
Fund balance classifications with the highest level of constraint are spent first; such that restricted fund
balance is spent before unrestricted fund balance when an expenditure is incurred for which both
restricted and unrestricted balances are available. Likewise, committed and assigned fund balances are
spent before unassigned fund balance when an expenditure is incurred for which any such unrestricted
fund balances are available.
CARRYFORWARD SAVINGS
The purpose of allowing carryforward savings is to provide an additional incentive for frugality by
operating departments. Unlike traditional governments, which have a “use it or lose it” approach to
annual operating budgets, Aspen’s policy encourages departments to create savings in their annual
operating budgets. Savings in annual operating budgets are distributed as follows:
50% of the savings are carried forward into the appropriate department’s savings account.
10% is allocated to a Central Savings account.
40% is returned to the appropriate fund balance.
Carryforward Savings represent 50% of the previous year’s operating budget savings from individual
Departments or Funds. Departments and Funds are allocated these amounts as a reward to finding
efficiencies in their operations that allow them to meet their operating goals while spending less than
their appropriations. Prior year savings that are not expended are maintained in full and appropriated
every year unless directed otherwise by the City Manager. These appropriations can be spent on items
related to the Department’s or Fund’s mission but may not be used for ongoing expenditures. In addition,
if a particular expenditure was denied as part of the budget process, departmental savings may not be
used for this purpose without City Manager approval. If the expenditure is to exceed $10,000, the City
Manager must authorize the expenditure. Departments and Funds can accrue these savings to a
maximum of 15% of their operating budgets, up to $150,000.
Departments are expected to use their carryforward savings to fund small expenses needed to meet City
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Council’s and citizen requests as is consistent with our “just say yes” management philosophy. In
conjunction with the City’s Outcome Measure program, the creation and use of operating savings is
designed to emulate the incentives found in management of American small businesses. Department
managers are expected to understand and measure their success in meeting customer expectations,
and, through the carryforward savings program, have enough management flexibility to reasonably meet
those expectations.
Central Carryforward Savings represents 10% of the previous year’s operating budget savings from all
Departments and Funds. These appropriations are allocated to the City Manager’s office for addressing
issues with city-wide implications or to address unusual but necessary departmental expenses. Central
Carryforward Savings shall not exceed $450,000 in any fiscal year.
The City maintains a balanced and diversified revenue structure to protect the City from fluctuations in
any one source due to changes in local economic conditions, which may have an adverse impact. In
order to maintain a stable level of services, the City shall use a conservative, objective and analytical
approach when preparing revenue estimates. The process includes an analysis of probable economic
changes and their impacts on revenues, historical collection rates and trends in revenue shortfalls.
To ensure the City’s revenues are balanced and capable of supporting the desired levels of services, the
City has adopted the following revenue policy statements:
Revenue forecasts shall be conservative, using generally accepted forecasting techniques and
appropriate data.
Each year, major revenues will be projected for at least the next ten (10) years.
The City will establish and maintain revenue sources that are diversified. Highly variable revenue
sources shall be earmarked for uses that are flexible in timing and/or discretionary in need.
Each year and whenever appropriate, existing revenues will be re-examined and possible new
sources of revenues will be explored to ensure that the City is balancing its revenue potential.
Each year and whenever appropriate, intergovernmental revenues will be reviewed to determine
their short and long-term stability, to minimize the impact of any adverse changes.
Intergovernmental revenues shall be used as legally prescribed or otherwise set forth by policy.
One-time revenues shall be used only for one-time expenditures and will not be used to authorize
on-going expenditures or programs.
The City will carefully and routinely monitor any amounts due. An aggressive policy of collection
will be followed for all receivables, including taxes and fees. The City will fairly and uniformly
administer the provisions of all tax and fee ordinances among citizens and businesses. This
includes businesses located outside the City limits, but making regular deliveries into the City,
home occupations, seasonal vendors and individual owners of short-term rental
accommodations.
Each year and whenever appropriate, the City will review its schedule of fees and related
administrative procedures. The amount of a fee shall not exceed the overall cost of providing
the facility, infrastructure or service for which the fee is imposed. In calculating that cost, direct
or indirect costs may be included. That includes costs that are directly related to the provision
of the service and support costs that are more general in nature but provide support for the
REVENUE POLICIES
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provision of service. The City reviews all fees for licenses, permits, fines and other miscellaneous
charges as part of the annual budgetary process.
For programs where the City subsidizes operations,the revenues will be sufficient for the minimum
stated recovery rate and/or dollar amount of subsidy. The recovery rate is defined as revenue as a
percent of expenditures. The dollar subsidy is defined as expenditures less revenue.
I.Purpose
The purpose of this investment policy is to provide a guideline by which the funds that are not otherwise
needed to meet the cash flow demands of the City of Aspen (the City) can best be invested. The objective
of the investment portfolio is to earn the highest return for the City within the risk guidelines designed to
provide maximum security, while maintaining sufficient liquidity to meet fluctuations in the City's cash
flow needs.
II.Scope
This investment policy applies to all financial assets of the City as identified in the City’s Comprehensive
Annual Financial Report and all funds managed for the benefit of the Aspen Pitkin County Housing
Authority (APCHA).
Investment income will be allocated to the various funds of the City and APCHA based upon their
respective participation and in accordance with generally accepted accounting principles. Interest will be
allocated on a monthly basis.
III.Standards of Care
1.Prudence: Investments shall be made with judgment and care –under circumstances then prevailing –
which persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment. The Finance Director or his designee must exercise diligence
and thoroughness in making investment recommendations or in taking investment actions; have a
reasonable and adequate basis, supported by appropriate research and investigation, for such
recommendations or actions; make reasonable and diligent efforts to avoid any material
misrepresentation in any research report or investment recommendation; and maintain appropriate
records to support the reasonableness of such recommendations or actions. The investment officer
shall be relieved of personal responsibility for an individual security’s credit risk or market price changes
if he/she has acted in accordance with written procedures and the investment policy.
2.Ethics and Conflicts of Interest: The standard governing Ethics and Conflicts of Interest shall be
Standard III(C) of the Standards of Practice Handbook of the Association for Investment Management
and Research (Appendix B). The Finance Director, investment officer, or other must disclose to the City
all matters, including beneficial ownership of securities or other investments that reasonably could be
expected to interfere with their duty to the City or ability to make unbiased and objective
recommendations. The receipt of gifts, gratuities, and travel expenses is governed by the guidelines of
the Ethics Policy as adopted by the Aspen City Council on what they or other City Staff may accept from
securities dealer firms.
INVESTMENT POLICIES
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3. Assignment of Responsibilities: Article VI, Section 6.8 of the Charter of the City of Aspen grants
authority and ultimate responsibility for the investment management activities of the City to the Finance
Director. The Finance Director may delegate any of the investment functions to another officer of the
City (Investment Officer). The Finance Director shall establish written policy procedures for the
operation of the investment program consistent with this policy. The procedures should include
reference to; safekeeping, repurchase agreements, wire transfer agreements, banking service contracts
and collateral/depository agreements. Such procedures shall include explicit delegation of authority to
persons responsible for investment transactions. No person may engage in an investment transaction
except as provided under the terms of this policy and the procedures established by the Finance
Director. The Finance Director will establish the day-to-day operating procedures for conducting the
City's investment activities. He or she will be responsible for understanding the risks of the Investment
Portfolio and establish the risk measurement and management process. In addition, he or she is
responsible for making certain that a system of checks and balances is in place between the
purchase/sale decision-making process and the settlement/reconcilement functions. In order to
facilitate the evaluation of the investment activities, the Finance Director may employ outside vendors
to make periodic appraisals of the City's investment program or to suggest specific investment
alternatives. The Finance Director or his/her designee is authorized to execute security transactions for
the City's Investment Portfolio within the limitations established by this policy. Should unexpected
market conditions arise, the Finance Director or his designee may approve a transaction, which would
not be in accordance with the Investment Policy but is necessary to protect the safety and liquidity of
the City’s investment portfolio, and is guided by Section III.1 of this policy. Such transactions must be
reported to the City Council at their next meeting. All securities transactions will be made in accordance
with the City's overall interest rate risk profile and policy. Liquidity needs/constraints will also be taken
into accountwhen investment decisions are made.
IV. Objectives
1. Safety of principal is the foremost objective of the investment program. Investments of the City shall
be undertaken in a manner that seeks to ensure the preservation of capital in the overall investment
portfolio. To attain this objective, the City will diversify its investments by investing funds among a
variety of securities and security types offering independent returns and financial institutions.
2. Liquidity The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all
operating requirements which may be reasonably anticipated. A prudent reserve shall be maintained
to meet unanticipated cash requirements.
3. Return on Investments The City’s investment portfolio shall be designed with the objective of attaining
a benchmark rate of return throughout budgetary and economic cycles, commensurate with the City’s
investment risk constraints and the cash flow characteristics of the portfolio.
4. Environmentally Conscious The City’s investment of public funds shall be such that they are consistent
with City values, including environmental stewardship. As such, the City will adopt the environmental
scoring metric from E.S.G. (Environmental, Social and Governance) scores provided by the City’s
financial advisor, to help guide decision making in this area. For new investment opportunities, the City
shall not invest in corporate offerings that have an environmental score below the midpoint of the
scoring scale.
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V. Safekeeping and Custody
1. Authorized Financial Dealers and Institutions The Finance Director or designee will maintain a list of
authorized securities firms that have been approved for investment purposes. This list will include the
established limits on unsettled trades, safekeeping arrangements, repurchase agreements, securities
lending and borrowing, total credit risk with dealer, and any other transaction with default risk. This list
of authorized securities dealers and their established limits will be reviewed annually, by Finance Staff.
The Finance Director or designee will be responsible for obtaining sufficient knowledge about securities
firms and personnel. Files will be maintained for all firms with which the City transacts investment
business. These files will include:
a) Financial data, annual reports and credit reports.
b) Background data of the dealer's sales representative(s) with whom business will be conducted.
c) Any information available from State or Federal regulators or securities industry self-regulatory
organizations concerning any formal enforcement actions against the dealer, its affiliates, or
associated personnel.
d) Public deposit shall not be made except in a qualified public depository established by Colorado law.
The City may utilize the services of an external investment advisor and may rely on the advisor’s list of
broker/dealers. The advisor’s list of broker dealers shall be provided to the City on an annual basis or when
updated.
2. Internal Controls The Finance Director or designee is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City are protected from loss, theft
or misuse. The internal control structure shall be designed to provide reasonable assurance that
these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a
control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits
requires estimates and judgments by management.
Accordingly, the Finance Director or designee shall establish a process for an annual independent
review by an external auditor to assure compliance with policies and procedures. The internal
controls shall address the following points:
a) Control of collusion
b) Separation of transaction authority from accounting and recordkeeping
c) Custodial safekeeping
d) Clear delegation of authority to subordinate staff members
e) Written confirmation of transactions for investments and wire transfers
f) Development of a wire transfer agreement with the lead bank and third-party custodian
3. Delivery vs. Payment All trades where applicable will be executed by delivery vs. payment (DVP) to
ensure that securities are deposited in an eligible financial institution prior to the release of funds.
Securities will be held by a third-party custodian as evidenced by safekeeping receipts.
VI. Performance Standards
1. Benchmark The City’s investment strategy is active. Given this strategy, the basis used by the
Finance Director to determine whether market yields are being achieved shall be to identify a
comparable benchmark to the investment portfolio. Examples of benchmark rate return are the 90
day US Treasury Bill, 6 month US Treasury Bill, the 1-3 Year Treasury Index,and the average Federal
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Funds Rate.
2. Reporting Consistent with the City Charter, the Finance Director will provide monthly investment
reports, to the City Manager and City Council, which provide a clear picture of the status of the
current investment portfolio. The report should include comments on the fixed income markets
and economic conditions, discussions regarding percentages of investments by categories, possible
changes in portfolio structure and strategy going forward.
VII. Statutory Investment Guidelines (Statute: Section 24-75-601, C.R.S.)
1. Custody of Investment Securities Unless otherwise stated, all investments must be held in the
City's name, or in the custody of a third party on behalf of the City, or in a custodial account with an
eligible public depository or securities firm on behalf of the City.
2. Maximum Maturity The maximum maturity date for all securities shall be no more than five
years from the date of settlement unless otherwise authorized by the City Council, with exceptions
noted under limitations included in Section VII, 4 of this policy.
3. Coupon Rate Fixed at Settlement Public funds shall not be invested in any security on which the
coupon rate is not fixed from settlement until maturity, other than shares in qualified money market
mutual funds, unless the coupon rate is established by reference to specified rate indices, such as
the U.S. dollar London interbank offer rate (“LIBOR”) of one year or less, or the rate for a U.S. Treasury
security with a maturity of one year or less, or the rate of a municipal bond index, or to the cost of
funds index, or the prime rate. (Section 24-75-601.1(1.3), C.R.S.)
4. Legal Investments of Public Funds (Statute: Section 24-75-601.1, C.R.S.)
a) U.S. Treasury Securities
b) Federal Farm Credit Bank (FFCB)
c) Federal Land Bank (FLB)
d) Federal Home Loan Bank (FHLB)
e) Federal Home Loan Mortgage Corporation (FHLMC)
f) Federal National Mortgage Association (FNMA)
g) Export-Import Bank (Ex-Im Bank)
h) Tennessee Valley Authority (TVA)
i) Government National Mortgage Association (GNMA)
j) World Bank (IBRD)
k) Obligations of any other entity that is created by or authorized by legislation enacted by the
US congress and that is subject to control by the federal government that is at least as
extensive as that which governs an entity or organization listed above.
l) General obligation and revenue obligations of any state, District of Columbia, U.S. Territory,
or any of their subdivisions. (This includes the State of Colorado and its related entities and
Colorado Local Governments and their related entities.) Securities issued by Colorado based
entities must be rated at or above “A-” or the equivalent from at least two nationally
recognized statistical rating organizations (NRSROs) at the time of purchase; all other
allowable securities issued by non-Colorado based entities must be rated at or above “AA-”
or the equivalent by at least two NRSROs at time of purchase.
m) Bankers Acceptance issued by a state or national bank. Security must be rated at least “A1,
P1, or F1” or the equivalent from at least two NRSROs at the time of purchase.
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n) Commercial Paper rated at least “A1, P1, or F1” or the equivalent from at least two NRSROs
at time of purchase.
o) Any obligation, certificate of participation, or lease-purchase of the City of Aspen.
p) Any interest in any local government investment pool pursuant to Section 24-75-701, et seq.,
C.R.S.
q) Repurchase Agreements collateralized by securities listed in a) through j) above which must
be marketable. Title or perfected security interest in securities must be transferred to the
City or custodian. Securities must be actually delivered versus payment to the City’s custodian
or a third-party custodian or third-party trustee for safekeeping. Collateral securities must
be collateralized at no less than 102% and marked to market no less than weekly. These
investments may have a maturity in excess of five years. The period from the date of
settlement to maturity shall not exceed five years unless a longer period is approved by City
Council. A master repurchase agreement must be signed with the bank or dealer.
r) Money Market Fund registered as an investment company under the “Investment Company
Act of 1940”, as amended. Fund investment policies include seeking to maintain a constant
share price. No sales or load fee can be added to the purchase or redemption price. The fund
operates in accordance with rule 2a-7 of the federal “Investment Company Act of 1940,” as
amended, or any successor regulation under that act regulating money market funds. The
fund has assets of $1 billion or more, or has the highest credit rating from at least one NRSRO.
s) U.S. dollar-denominated corporate or bank securityissued by a corporation or bank organized
and operated within the United States. The note must mature within three years from the
date of settlement and must be rated at least ”AA- or Aa3” or the equivalent by at least two
NRSROs at the time of purchase. The book value of corporate and bank securities shall at no
time exceed 30 percent of the book value of the City’s investment portfolio, and not more
than 5 percent of the book value of the City’s investment portfolio may be held in the debt
ofa single corporation or bank. As described in this section, bank security includes negotiable
certificates of deposit issued by banks organized and chartered within the US; such deposits
are not subject to the protections of the “Public Deposit Protection Act” and are not insured
by the Federal Deposit Insurance Corporation.
t) A securities lending agreement in which the City lends securities in exchange for securities
authorized for investment herein. Any necessary transfer documents must be transferred to
the City and securities must be received by the City or a custodian acting on behalf of the City
in a simultaneous settlement. Such collateral shall be in the form of cash or securities that
are authorized investments for the City. Collateral must be no less than 102% of the value of
the securities lent and collateral shall be marked to market to less frequently than weekly.
The counter-party must meet the conditions specified herein for issuers of corporate and
bank security. The securities lending agreement must beapproved and designated by written
resolution duly adopted by a majority vote of the City Council, which resolution shall be
recorded in its minutes.
Combined exposure to bankers acceptances, commercial paper and corporate and bank securities
shall not exceed 50 percent of the City’s portfolio and no more than 5 percent combined exposure
may be held in any one issuer. Compliance with diversification limits shall be evaluated as of the time
of purchase.
The required ratings for bankers acceptances, commercial paper and corporate and bank securities
apply to the security being purchased; if the security is not rated then the ratings may be applied to
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the issuer, provided the security contains no provisions subordinating it from being a senior debt
origination of the issuer.
Securities that have been downgraded to levels below the minimum ratings required for purchase
may be held or sold at the Finance Director’s discretion.
Subordinated debt shall not be purchased.
5. Other Allowable Investment Opportunities (Section 24-75-601.1(3) & Ord. 25, Series 2018)In
order to obtain financing for the acquisition, rehabilitation and equipping of affordable housing
projects benefitting people who live and work in the City and Pitkin County, the Council wishes to
authorize the investment of City funds in bonds issued by the Colorado Housing and Finance
Authority (CHFA), provided these investments satisfy the requirements of part 6 of article 75 of Title
24, C.R.S.
VIII.Collateralization will be required for repurchase (and reverse) agreements. In order to anticipate
market changes and provide a level of security for all funds, the collateralization level will be 102%
of par value of principal and accrued interest. Collateral will be held by an independent third party
with whom the City has a current custodial agreement. A clearly marked evidence of ownership
must be supplied to the City and retained.
IX.Liquidity is the ability to generate cash at a reasonable cost to meet both expected and unexpected
demand for funds from both the City and its vendors without disrupting routine operations or raising
adverse questions from funds providers. Maintaining adequate liquidity is essential when conducting
normal municipal activity and when providing for potential emergency situations.
The City's liquidity position is measured by its capacity to generate funds. Adequate capacity is
demonstrated by the ability to raise sufficient levels of cash promptly and at a reasonable cost. This can
be accomplished through disposing of liquid assets, increasing short-term borrowing, issuing additional
liabilities, decreasing holdings of non-liquid assets, increasing longer-term liabilities, or raising taxes. The
goal is to maintain an adequate level of liquidity without impairing the long-term efficient use of the
City’s assets.
1.Measurement Since no single ratio can define adequate liquidity, the Finance Department will study
several ratios to construct the most accurate picture of the state of the City’s liquidity position. It is
the City's intention to balance the need for liquidity with the need for interest income. The following
are measures to assess trends in liquidity:
In order to plan for and manage seasonal liquidity needs, liquidity measures will be monitored
monthly. The Finance Director or designee will look at cash flows going forward and prepare
best/worst case scenarios for funds necessary to meet the City’s obligations.
On a daily basis, the Finance Director or designee will review local and national economic factors
that may affect the City’s liquidity or funding needs. This review will include changes to the local
economy, interest rate environment, local employment projections, and projected population
changes.
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2.Administration The liquidity ratios are to be monitored at least monthly (if not weekly or daily).
This will ensure that the City has adequate liquidity at all times and assist the Finance Director or
designee in assessing trends which could adversely affect the liquidity of the City.
3.Sources of Liquidity The City’s primary sources of liquidity are listed below:
a) Available Cash Balances.
b) Money Market Funds. Excess liquidity will be placed in Money Market Funds in compliance with
and monitored under the Investment Policy.
c) Maturing securities. The City will ladder its Investment Portfolio to make certain that securities
are maturing in accordance with anticipated cash flow needs. The Finance Director or designee
will be responsible for establishing a maturity ladder appropriate for the City.
d) Investment Portfolio. Securities will be monitored for market value changes to identify viable
options to be liquidated for liquidity needs.
e) Maximum Maturities. To the extent possible, the City will attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not
directly invest in securities maturing more than five years from the date of purchase. However
the City may collateralize its repurchase agreements using longer-dated investments not to
exceed ten years to maturity.
Reserve funds may be invested in securities exceeding ten years if the maturity of such
investments is made to coincide as nearly as practicable with the expected use of the funds.
4. Liquidity Contingency Plan In the event that the Finance Director or designee anticipates changes in
normal municipal operations, it must respond to potential liquidity problems in a thorough and
organized manner. By developing a liquidity contingency plan, the City will be able to deal with a
potential or real liquidity problem.
Asset and liability management procedures should be followed to ensure that adequate cash sources
are available and that minimal cash outflows occur. Also, any measures taken to manage liquidity
should be in accordance with the parameters regarding interest rate risk.
In the event of a liquidity shortfall, the City will generate cash to meet its obligations by undertaking
one or all of the following steps (in this order):
a) Utilize Available Cash Balances. Liquidate money market positions
b) Utilize funds from maturing investments
c) Liquidate investments provided their market value is close to book value
The City Manager and City Council must be informed of any liquidity shortfall and provided with the
details of the contingency plan.
5. Other Considerations
The liquidity management of the City must be made in harmony with the City’s Interest Rate Risk
Management processes. Any liquidity funding decisions made will directly affect the City’s interest
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rate risk profile. The potential liquiditymanagement decisions should be considered when evaluating
the interest rate risk profile of the City.
As mentioned above, the City’s Investment Portfolio will be laddered to have sufficient maturities to
match off against potential maturing liabilities. On an ongoing basis, the Investment Portfolio will be
managed within the parameters of both the investment policy and the liquidity management needs
of the City.
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Page | 1
MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:James R. True, City Attorney
THRU:Sara Ott, City Manager
RE:Resolution #132, Series of 2022 | Burlingame Lot 1A Second Correction to
Deed of Conservation Easement in Gross
MEETING DATE:November 15, 2022
REQUEST OF COUNCIL:
Staff recommends that Council approve the Second Correction to the Deed of Conservation
Easement in Gross (Exhibit A) by adopting Resolution 132, Series of 2022.
BACKGROUND:
In 2003, the City of Aspen and the Aspen Valley Land Trust entered into an agreement to
memorialize a conservation easement on a large portion of Lot 1A of the Burlingame Subdivision.
A plat or metes and bounds description of the conservation easement was never memorialized.
Although the description of Lot 1A included portions of the land that are proposed to be removed
through a subdivision that is before Council, the subdivision was contemplated by the parties to
the Conservation Easement at the time of its creation.
On June 9, 2022, the Board of Directors of the Aspen Valley Land Trust adopted a resolution to
formalize the legal description of the conservation easement,through this correction to deed, in
anticipation of the pending request to subdivide Lot 1A into two resulting parcels-Lot 1A and Lot
1D (Exhibit B). The resulting Second Correction to the Deed of Conservation Easement in Gross
formally recognizes the boundaries of the conservation easement and removes this portion
described as Lot 1D from the Conservation Easement.
RECOMMENDATION
Staff recommends approval of Resolution #132, Series of 2022 approving the Second
Correction to the Deed of Conservation Easement in Gross and authorize the City Manager
to execute such agreement.
PROPOSED MOTION
“I move to approve Resolution #132 (Series of 2022)”
CITY MANAGER COMMENTS:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
ATTACHMENTS:
Exhibit A |Second Deed Correction to the Deed of Conservation Easement
Exhibit B | Aspen Valley Land Trust Board of Directors Resolution & Approval Documents
41
RESOLUTION # 132
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE BURLINGAME LOT 1A SECOND
CORRECTION TO DEED OF CONSERVATION EASEMENT IN GROSS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH CORRECTION
TO DEED.
WHEREAS, there has been submitted to the City Council Burlingame Lot
1A Second Correction to Deed of Conservation Easement in Gross, a true and
accurate copy of which is attached hereto as “Exhibit A”; and,
WHEREAS, the Aspen Valley Land Trust, through Resolution adopted on
June 9, 2022, has approved this Burlingame Lot 1A Second Correction to Deed of
Conservation Easement in Gross.
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 Burlingame
Lot 1A Second Correction to Deed of Conservation Easement in Gross, a copy of
which is annexed hereto and incorporated herein and authorizes the City Manager
to execute such correction to deed.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 15
th day of November 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, November 15, 2022.
Nicole Henning, City Clerk
42
SECOND CORRECTION TO
DEED OF CONSERVATION EASEMENT IN GROSS
Amcord/Burlingame East, Aspen
Pitkin County
THIS SECOND CORRECTION TO THE DEED OF CONSERVATION EASEMENT
IN GROSS (“Correction”) is executed this ____ day of ____, 2021 by the CITY OF ASPEN
(the “City”), and ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation (the
“Trust”), having offices at 320 Main St. Suite 204, Carbondale CO 81623 (collectively “the
Parties”).
WHEREAS, the City and the Trust entered into that certain Contract to Buy and Sell
Real Estate, dated may 29, 2003, (the “Contact”) wherein the City agreed to purchase and the
Trust agreed to sell certain property commonly known as the Amcord property; and
WHEREAS, the City granted a Conservation Easement to the Trust over approximately
one hundred (100) acres of real property in Pitkin County, State of Colorado, in that Deed of
Conservation Easement recorded in the real property records of Pitkin County at Reception No.
484728 on June 30, 2003; and which easement was corrected in an instrument recorded in
Garfield County at Reception No. 558005 on April 14, 2009 to specifically identify three
described properties to be excluded from the Conservation Easement; and, to establish the
Parties’ intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes
the Burlingame Ranch Affordable Housing Project and completes the development of
affordable housing on the “150 foot wide strip or to the toe of the slope” parcel; and
WHEREAS, the City is currently preparing to develop the property identified as the
“150 foot wide strip or to the toe of the slope of the Burlingame Ranch which adjoins Highway
82” for affordable housing; and
WHEREAS, the City and the Trust now wish to correct the Conservation Easement to
update the legal description of the Property to reflect the exact locations of properties excluded
from the Conservation Easement by the 2009 Correction recorded in Garfield County at
Reception No. 558005 on April 14, 2009.
Exhibit A | Second Deed Correction to the Deed of Conservation Easement
43
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree to amend the Amcord/Burlingame East Conservation Easement as
follows:
1.Acreage. The Amcord/Burlingame East Conservation Easement acreage and
references to the Property’s total acres are hereby corrected to read
“approximately 83.517 acres”, which shall replace any reference to
“approximately 100 acres” in the Amcord/Burlingame East Conservation
Easement.
2.Exhibit A. The legal description of the Amcord/Burlingame East Conservation
Easement is hereby replaced with that attached here as Exhibit A.
3. Exercised Rights. The Parties acknowledge and agree that the three properties
identified as exclusions in the 2009 Correction are depicted in full in the
attached Exhibit A, and that all rights to exclude land for development within
the Property have been fully exercised and are hereafter extinguished.
4.Full Force and Effect. Except as corrected by this Correction, the
Amcord/Burlingame East Conservation Easement and all of its terms and
conditions shall remain in full force and effect.
IN WITNESS WHEREOF, City and the Trust have executed this Correction as of the
date first written above.
CITY OF ASPEN:
________________________________
Sara Ott, City Manager
STATE OF ______________ )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____, 2022, by
Sara Ott, as the City.
WITNESS my hand and official seal.
[SEAL] _______________________________________
Notary Public
My commission expires: _______________
Exhibit A | Second Deed Correction to the Deed of Conservation Easement
44
ACCEPTED by TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
______________________________________
Suzanne Stephens, Executive Director
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this ____ day of _______, 2022, by
Suzanne Stephens, Executive Director of ASPEN VALLEY LAND TRUST, a Colorado
nonprofit corporation.
WITNESS my hand and official seal.
[SEAL] _______________________________________
Notary Public
My commission expires: _______________
Exhibit A | Second Deed Correction to the Deed of Conservation Easement
45
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LOT 2ABURLINGAMERANCHRECEPTION NO. 515997BURLINGAMERANCH AFFORDABLEHOUSING FILING NO. 11ST AMENDMENTRECEPTION NO. 522859SOUTH AREARECEPTION NO. 598456NORTH AREARECEPTION NO. 598456ANNIEMITCHELLHOMESTEADRECEPTION NO. 504392RED BUTTE RANCHCONSERVATIONPARCEL CRED BUTTE RANCHCONSERVATIONPARCEL BHARMONY ROADLOT 2BURLINGAMERANCHSTAGE ROAD60' AC
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T CONSERVATIONEASEMENT83.517± ACRESPROPOSEDLOT 1DSURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY TRUE NORTH COLORADO,LLC. FOR ASPEN VALLEY LAND TRUST AND THE CITY OF ASPEN, THAT SAID EASEMENT EXHIBIT WAS PREPARED BYME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OFMY BELIEF AND KNOWLEDGE.ORFREVI
EWAVLT LOT 1A, BURLINGAME RANCH & LOT 1, PARCEL 2, PARK TRUST EXEMPTION MAPSITUATED IN SECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOEASEMENT EXHIBITAVLT CONSERVATION EASEMENT IN GROSS TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE: April 14, 2022DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY40'20'80'SCALE: 1" = 200'NDESCRIPTION OF CONSERVATION EASEMENT IN GROSS:0LINE BEARING DISTANCEL1N 47°19'02" W58.30'LINE DATA TABLENOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.L2N 63°31'43" W37.01'L3N 32°57'04" W28.62'L4N 03°49'29" W57.21'L5N 44°01'29" W34.45'L6N 01°29'44" E65.10'L7N 24°26'33" W45.02'L8N 07°24'27" W65.00'L9N 02°52'59" W92.03'L10N 01°05'50" W93.91'L11N13°29'14" E46.27'L12N 18°30'47" E51.25'L13N 38°33'07" E44.21'L14N 52°09'50" E40.44'L15N 37°29'25" E51.00'L16N 16°25'17" E55.15'L17N 05°18'35" E211.74'L18N 03°58'53" E159.10'L19N 10°02'39" W66.42'L20N 12°15'27" W79.46'L21N 24°17'49" W51.02'L22N 17°46'51" W242.75'L23N 10°51'59" W77.99'L24N 35°19'21" W15.54'L25N 15°59'07" W94.06'L26N 03°58'21" E55.94'L27N 24°08'39" W36.05'L28N 18°20'17" W25.19'L29N 00°24'43" E27.35'L30N 24°19'20" E56.94'L31N 33°50'33" E28.09'L32N 07°43'35" E33.79'L33N 31°57'52" E49.10'L34N 25°20'39" E32.71'L35N 09°42'31" E31.73'L36N 01°33'12" W31.29'L37N 74°35'21" E25.89'L38S 41°18'02" E36.96'L39S 83°42'01" E23.34'L40S 53°14'06" E81.31'L41S 59°53'26" E49.11'L42S 77°52'34" E37.47'L43S 50°41'06" E106.44'L44S 45°16'36" E36.67'L45S 69°35'40" E28.31'L46S 43°43'05" E34.90'L47S 52°26'43" E33.03'L48S 58°08'19" E43.53'L49S 28°48'00" E65.76'L50S 21°31'35" E40.42'L51S 19°02'18" E73.28'L52S 07°11'09"E 40.51'L53S 22°56'10" E53.92'L54S 05°41'50" E37.97'L55S 08°48'42" W23.50'L56S 48°06'39" E22.86'L57S 37°29'24" E23.09'L58N 88°20'52" E23.60'L59S 82°59'34" E14.47'L60S 24°16'44" E46.42'L61S 35°06'34" E43.42'L62S 20°13'20" E50.36'L63N 04°08'50" E99.86'L64N 88°27'47" W106.43'L65S 02°21'37" W2.90'L66S 32°57'19" W13.58'L67S 13°24'49" E59.44'L68N53°24'26" E17.28'L77N 53°46'07" E20.90'L78N 22°43'37" W7.00'L79S 33°44'31" W135.20'L80S 84°27'15" W92.93'L81N 22°29'54" W79.80'CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLECURVE DATA TABLEC2 369.21'169.06'167.59'S 67°22'34" E 26°14'07"C3 280.00'59.30'59.19'N 19°58'18" E 12°08'07"L76S 26°18'34" W8.89'L75S 64°24'39" E46.80'L74S 24°14'05" W70.74'L73S 15°11'28" E125.79'L72S 20°37'56" E146.36'L71S 33°56'32" E44.04'L70S 40°56'06" E157.43'L69N 83°00'21" E170.00'C1 480.00'254.03'251.08'S 47°20'17" E 30°19'23"Exhibit B | AVLT Letter & Entitlement Docs46
Exhibit B | AVLT Letter & Entitlement Docs
47
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 1
January 24, 2022
City of Aspen Burlingame Affordable Housing Project Team
C/O: Chris Everson (City of Aspen) & Jason Jaynes (DHM Design)
130 South Galena St.
Aspen, CO 81611
RE: Easement Correction Process for Amcord / Burlingame East “Triangle Parcel”
To Whom it May Concern:
As you are aware, a portion of the Amcord / Burlingame East property also referred to as the Deer Hill
Open Space (the “Property”) is encumbered by a perpetual conservation easement, granted to Aspen
Valley Land Trust (AVLT) recorded in Pitkin County on June 30, 2003, at Reception Number 484728
(the “Easement”), and corrected on April 14, 2009 at Reception Number 558008 (the “2009 Correction).
The purpose of this letter is to outline the necessary steps for recording a final correction to the
Easement in order to correct the legal description and identify the exact areas that have been excluded
from the Easement for development of the Burlingame Affordable Housing Project.
Background
The stated purpose of the Easement is to “assure that the Property will remain forever predominantly in
its open space, natural habitat and recreational condition subject to the uses of the Property permitted
hereunder, and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property and, in the event of their degradation or destruction, to restore
such Conservation Values of the Property.”
The 2009 Correction then identified three areas to be excluded from the Easement for the purpose of
developing the Burlingame Affordable Housing Projects. The 2009 Correction additionally established
"the Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes the
Burlingame Ranch Affordable Housing Project and completes the development of affordable housing on
the '150 foot wide strip or to the toe of the slope' parcel.” (The '150 foot wide strip or to the toe of the
slope' parcel will be referred to as the “Triangle Parcel” for the purposes of this letter.)
Process
While the 2009 Correction calls for the City of Aspen (the “City”) to “provide the Trust a legal
description of the property for the affordable housing project contemplated for that parcel within thirty
(30) days of the completion of the Burlingame Affordable Housing Project,” AVLT believes that it may
be in the best interest of all involved parties to record the updated correction as soon as soon as
Exhibit B | AVLT Letter & Entitlement Docs
48
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 2
practicable. At a minimum, the updated correction must be recorded before any final subdivision of the
triangle parcel from the main Amcord parcel may occur.
As such, AVLT staff has identified the following process for recording an updated correction to the
Easement, allowing the Burlingame Affordable Housing Project development and any associated land
use actions such as subdivision to proceed:
1) Provide legal descriptions and surveys. The City and partners will provide AVLT staff with
surveys and written legal descriptions for the Annie Mitchel Housing Project, the existing
Burlingame Housing Project, and the Triangle Parcel Burlingame Housing Project. AVLT may
also request that the City provide a survey and legal description of the updated Easement area
that excludes the three parcels. AVLT will then reference these surveys with the 2009 Correction
and provide preliminary approval of the surveys via email.
2) AVLT Board Resolution. AVLT staff will present the AVLT board with the necessary
information and request a Board Resolution approving an updated correction to the Easement.
This resolution would potentially include the provided surveys and legal descriptions, as well as
a draft copy of the updated Correction. This draft Correction language will be developed by
AVLT staff and counsel, and refined with the City and partners as needed.
3) Record updated Correction to the Easement. AVLT Staff will then work with the City and
partners to record the updated Correction to the Easement.
After the updated Correction is recorded, the City may begin development work and subdivision in the
Triangle Parcel as established by the 2009 Correction, without further approval or interaction with
AVLT or the Easement.
Thank you for working closely with our team as we together through this process. Please don’t hesitate
to contact me below with any questions or concerns.
Sincerely,
Bud Tymczyszyn, AICP (tim-chiz-in)
Conservation Easement Specialist
Aspen Valley Land Trust
bud@avlt.org
909-499-5038 (cell)
Exhibit B | AVLT Letter & Entitlement Docs
49
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, May 10, 2022 1:35 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for checking in, and sorry for the delay. We were out part of last week on a team trip, and I'm
dealing with some sick days right now. Unfortunately I won't be able to get you an updated memo until
next week, but you can go ahead and use the January memo and my email below for the subdivision
application if that still works for you.
I'm hoping to take some time to write up the draft Correction for the CE later this week / early next, so
hopefully we'll have that to start sharing with you all soon. I'm also working on a little memo that outlines
all the prior land use moves and background related to this so our board can have some history, and we
can have that to refer to in the future should we need. If you're game, I might call you later this week or
next to ask you a couple clarifying questions to help with this.
Our June board meeting has moved and is no longer on the 15th, but is still happening in June. I'll keep
you posted on the date in case that changes anything for you guys.
Thanks Jason! Let me know if I'm missing anything here-- don't want to leave you hanging!
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit B | AVLT Letter & Entitlement Docs
50
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, April 26, 2022 3:42 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Cc: Bob Schultz <rschultzconsulting@gmail.com>; Christopher Everson <chris.everson@aspen.gov>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for sending this over. Having this singular survey with all of the housing exclusions shown is
exactly what we needed to move forward to the next step. Keep us posted as the final verification come
through, otherwise we'll work from this and assume it should pretty closely reflect the final. I think it was a
good call adding the 150' from the ROW into the excluded area too-- I imagine our board will like that this
essentially maxes out the final reserved right from the easement and will be the final amendment.
Now that we have the survey, our next steps are (a) AVLT staff review, (b) AVLT will develop a draft final
amendment to the CE, (c) work with City and parners to refine, (d) bring to AVLT Board for resolution
June 15th. If helpful, I'm happy to update the previous memo to reflect this for the subdivision application.
Let me know if and when you would like that and I can put something together. Also happy to hop on the
phone if there are any questions about the rest of the AVLT board process outlined here.
Thanks Jason! We'll have more for you soon after our team reviews the survey / LD.
Best,
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit B | AVLT Letter & Entitlement Docs
51
MEMORANDUM
TO:City Council
FROM:Don Pergande, Senior Budget Officer
THRU:Pete Strecker, Finance Director & Sara Ott, City Manager
MEETING DATE:November 15, 2022
RE:Resolution #134 - 2022 Supplemental Appropriations for APCHA
Request of Council:Staff is requesting Council consideration of needed budget adjustments to the Aspen
Pitkin County Housing Authority Administration Fund (Fund 620). The total supplemental request for
this fund is an increase of $17,450.
Background:The APCHA board adjusts the year’s original spending plan periodically, and per the City’s
intergovernmental agreement, Council must review and approve these modifications.
Discussion: When employees separate from APCHA, it is an unplanned expense to cash out accrued
balances for paid time off and sick leave. As such and similar to the City of Aspen’s own Financial
Policies, it is customary to request spending authority to allow for these payouts without harming on-
going operational needs. For 2022, this amount equates to the requested $17,450 appropriation.
Concurrent with this expenditure authority request, staff is also incorporating an additional $475,000 to
reflect a contribution from the City of Aspen General Fund, which was previously approved in 2021, but
inadvertently missed when the 2021 financials were finally closed for the year. This contribution was tied
to the build out costs associated with moving the APCHA offices out to the Truscott campus, which the
City Council agreed to support financially.
Recommendations:Staff recommends approval of the revised spending plan via the adoption of
Resolution #134.
City Manager Comments:
52
RESOLUTION NO. 134
(SERIES OF 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING SUPPLEMENTAL APPROPRIATIONS TO THE 2022
BUDGET FOR ASPEN PITKIN COUNTY HOUSING AUTHORITY FUND
WHEREAS, the Aspen Pitkin County Housing Authority is a standalone entity, uniquely
separate from the City of Aspen and Pitkin County, and
WHEREAS, the City of Aspen directly appoints one director and one alternate director, and
jointly with the County Commissioners appoints three additional directors and one alternate
director. The County Commissioners appoints the remaining two, one director and one
alternate director, for a total of the eight Board Members for the Aspen Pitkin County Housing
Authority, with the intent that City of Aspen is expressly represented in matters concerning
affordable housing in and around the Aspen community, and
WHEREAS, the City of Aspen annually subsidizes the operations of the Aspen Pitkin County
Housing Authority administrative functions, and
WHEREAS, the budget was originally approved by the City of Aspen on November 9, 2021,
by Resolution 94 (Series 2021) and a supplemental increase by Resolution 48 (Series 2022)
and supplemental increase by Resolution 59 (Series 2022)
WHEREAS the Board Members for the Aspen Pitkin County Housing Authority have
approved certain supplemental appropriations to the budget.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen that
supplemental appropriations adjustments in Exhibit A are approved for the Housing Administration
Fund of an increase in revenues of $475,000 and an increase in expenditures of $17,450.
Adopted this 15th day of November 2022.
_____________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do
hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the City
Council at its meeting held on the 15th day of November 2022.
_______________________________
Nicole Henning, City Clerk
53
EXHIBIT A: 2022 APPROPRIATIONS BY FUNDExhibit AAudit Opening Balance2022 Adopted Revenue2022 Spring Supplemental Revenue2022 Fall Supplemental2022 Amended Revenue Budget2022 Adopted Expense2022 Spring Supplemental2022 Fall Supplemental2022 Amended Expense BudgetGAAP ‐ Reduction of Housing Inventory2022 GAAP Adjusted Ending BalanceTrust Fiduciary FundsHousing Administration Fund$572,662$2,603,390 $1,200,000 $475,000 $4,278,390 $2,945,850 $2,404,312 $17,450 $5,367,612 ($996,160)$479,600Smuggler Housing Fund$425,182$80,600 $0 $0 $80,600 $84,960 $0 $0 $84,960 $0$420,822APCHA Development Fund$304,542$10,000 $983,792 $0 $993,792 $6,200 $0 $0 $6,200 $0$1,292,134Total Trust and Agency Funds$1,302,386$2,693,990 $2,183,792 $475,000 $5,352,782 $3,037,010 $2,404,312 $17,450 $5,458,772 ($996,160)$2,192,55654
1
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 11, 2022
At 3:30 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, Mesirow,
and Hauenstein present.
City Attorney, James R. True, introduced the executive session.
Councilor Richards motioned to move into executive session; Councilor Doyle seconded. Roll call vote:
Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
Mr. True noted that they will adjourn downstairs to the Electric Pass room and will come back up to
Council Chambers for the regular meeting scheduled to start at 5:00 p.m.
Council convened in council chambers at 5:12 p.m.
Mayor Torre mentioned that the meeting started at 3:30 p.m., and this is the remainder of the regularly
scheduled meeting.
City Clerk, Nicole Henning, did another roll call with Councilor Richards, Hauenstein, Doyle and Mesirow
present.
Mayor Torre introduced officer Seth Delgrasso who introduced the new police officers to the APD. It’s
not an easy job to become a police officer, so we appreciate their efforts. He introduced officer Leandra
Michelsen who was an aviation structuralmechanic who worked on the most recent Top Gun movie. He
then introduced officer Adam King, was previously serving as a guidance counselor from Illinois.
Mayor Torre proceeded to swear in the new officers. He said it’s his biggest honor as Mayor.
CITIZEN COMMENTS:
Breeze Richardson – Ms. Richardson said she is lending her personal support to an Aspen arts
commission. Artists are key stakeholders in our community. Art is important; vision is important. She
referenced Ordinance#19 regarding the WRETT usage. We have a renewed opportunity to invest
significantly.
Sarah Pletts – Ms. Pletts said she has been a performance artist and visual artist in Aspen for 45 years.
She’s here to ask about WRETT funding. Her question for everyone is to close your eyes and remember a
book/project/tv show that you loved when you were under ten when the spirit of you drove you. That’s
what art does to us. There is a lot of talk about letting the spirit of Aspen go dim. She is asking for a 1/3
of the funds to go to the arts.
COUNCIL COMMENTS:
Councilor Hauenstein said they have been putting a lot of time into the budget. Our staff has been
working on this for months. Staff has been working hard on this too and all departments helped put this
into the creation of the budget this year. He thanked everyone.
Councilor Doyle said in New Zealand, rainfall has caused snow to melt faster than usual. Climate change
is a significant factor. It’s their warmest year for the third year in a year. They have underestimated
global warming and are closed for the season and hit a new record high. Closer to home, it’s the 4
th year
of drought in the southwest. He is glad that our city continues to look at environmental concerns.
55
2
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 11, 2022
Councilor Richards said she has no comments other than she will be zooming in next Tuesday due to her
husband’s surgery.
Councilor Mesirow said he echoes Councilor Hauenstein’ s thanks to staff for work on the budget. He
really found a lot of the commentary from Breeze and Sarah powerful. He read some quotes from them.
There is an opportunity for a rebalancing, and our community would benefit. Mayor Torre asked him his
show or book that he thought of, and Councilor Mesirow said the Berenstain Bears. Mayor Torre said he
thought of the song, “You Are My Sunshine”.
Mayor Torre said we all appreciate the arts and for the opportunity of moving that forward. We are
doing it the right way and will be extremely inclusive about it. We will have to have a process which
reaches out to the whole community. He said this is Homecoming week – Go Skiers! Tonight, is a soccer
game at the high school and this Friday will be the Homecoming football game. Show up and support.
AGENDA AMENDMENTS: Mayor Torre said there are none but noted that they will continue the
executive session at the end of the meeting.
CITY MANAGER COMMENTS:
City Manager, Sara Ott, said they’ve received a lot of comments since her column was printed in the
Aspen Times regarding the entrance to Aspen. The first phase will be helping people understand the
preferred alternatives. There will be open houses which will help everyone to have base information and
figure out how to move this forward regarding the bridge.
BOARD REPORTS:
Councilor Doyle said he attended the Municipal League policy meeting last Friday. Issues discussed were
childcare shortages. We are not alone in searching for employees.
Councilor Mesirow had APCHA and said they are looking to share more compliance information with the
community for transparency. There is a new write up with CORE about what they are up to. They are
piloting a right sizing program which will start with 5 swaps initially.
Councilor Hauenstein said CCLC had discussions on digitizing the application for the Saturday Market
and would require some funding. The Aspen Sister Cities has a group of exchange students in
Shimukappu. The exchanges are beginning to happen again after COVID.
Mayor Torre said they had the UN Mountain Conference, which had the most in room energy. The
delegates from all over the world were fabulous participants. He was extremely excited to see the
actions that we and other councils have done with environmental leadership. He left the meetings
feeling that people who make the changes will be from mountainous communities. It was a really
interesting energy.
Councilor Richards said people who are interested in owning units, should go to the Pitkin Housing
Authority and put in your bid package. She listed off the available units.
CONSENT CALENDAR:
Councilor Doyle motioned to approve; Council Richards seconded. Roll call vote: Doyle, yes; Hauenstein,
yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried.
56
3
REGULAR MEETING ASPEN CITY COUNCIL OCTOBER 11, 2022
NOTICE OF CALL UP – 312 West Hyman – Phillip Supino, Community Development Director
Mr. Supino introduced the item and said it’s a Chalet property. The applicant would like to do a modest
remodel and a minor addition. There were no bonuses or variances given. Staff doesn’t recommend call
up at this time.
Councilor Hauensteinasked about tree removals.
Councilor Richards said she supports the project and is not interested in a call up.
Councilor Doyle said he supports it as well.
Mayor Torre said there is no motion for call up.
ACTION ITEMS: EOTC Preparation – Dave Pesnichek
Councilor Hauensteinasked if it’s Mr. Pesnichek’s last meeting. He said yes and introduced Linda
Dupriest comes to us from Glenwood Springs with 25 years of experience in transportation. Everyone is
excited to have her on board. She will be full time after the October 27th meeting. It will be hosted here
by the City of Aspenvirtually and in person. He wants to get a roster so we can plan accordingly. All
council members said they will be here in person. Mr. Pesnichek went through what happened at the
last meeting and what they can plan for at the next meeting.
Councilor Hauenstein asked if they needed another motion to go back into executive session. Mr. True
said another motion would not be necessary since they continued the previous executive session and
introduced the items again.
_____________________________
Nicole Henning, City Clerk
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1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
MEMO DATE: October 31, 2022
MEETING DATE: November 15, 2022
RE: Notice of Call Up, HPC approval for 520 E. Cooper Avenue–Minor Development and
Commercial Design Review
APPLICANT /OWNER:
Bill Guth / Aspenhof Condominium
Association
REPRESENTATIVE:
Sara Adams, BendonAdams
LOCATION:
Street Address:
520 E. Cooper Avenue
Legal Description:
Aspenhof Subdivision Common
Area, City and Townsite of Aspen,
Colorado
Parcel Identification Number:
PID# 2737-182-24-800
CURRENT ZONING & USE
CC (Commercial Core); Commercial
PROPOSED ZONING & USE:
No change
PROCESS SUMMARY: Certain land use approvals granted by HPC
or P&Z require that Council be notified of the decision through a
brief staff summary. The notification is not a public hearing and
no applicant presentation or public comment has been accepted
in the past. During the Call Up Notice, City Council may uphold
the HPC or P&Z decision. Alternatively, Council may request
more detailed information be provided through a presentation by
staff and the applicant at a future meeting. After hearing the
additional project description, Council may uphold the boards’
decision or may remand it to require reconsideration of specific
issues at a new public hearing. HPC’s or P&Z’s decision on
remand shall be final.
BACKGROUND: On September 28 and October 12, 2022, HPC
reviewed and then granted Minor Development and Commercial
Design approval for exterior alterations to the street façade of
520 E. Cooper Avenue. This is a mixed-use building constructed
in 1970 which is not landmarked but is located in the Commercial
Core Historic District. The work is subject to HPC review to
ensure architectural compatibility with the district.
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STAFF RECOMMENDATION: The proposed work is a remodel to the street façade, including window
replacements, replacing exterior siding materials, replacing balcony railings, installing a new entry canopy,
landscape and drainage improvements, removing a large flue, and applying a limewash to the existing
masonry. No expansion is proposed. The initial hearing was continued because after detailed discussion
of the project, the board developed conditions of approval that the applicant wished to evaluate with their
HOA. A revised application responsive to the proposed conditions was submitted, and approval on
October 12th was unanimous, 5-0. Staff recommends Council uphold HPC’s decision.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION:
Staff recommends Council uphold HPC’s decision.
Alternative Motion for Call-up
“I move to call-up HPC’s approval for 520 E. Cooper Avenue, Minor Development and Commercial Design
Review.”
CITY MANAGER COMMENTS:
___________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________________________________.
EXHIBITS:
A – Approved renderings
B – October 12th HPC packet
C – HPC meeting minutes, September 28 (adopted) and October 12, 2022 (draft)
D – Draft HPC Resolution #16, Series of 2022
Existing. Image by Zillow Approved. Image by David Johnston Architects
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Exhibit A
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
MEETING DATE: October 12, 2022
RE: 520 E. Cooper – Minor Development Review, Commercial Design Review,
PUBLIC HEARING CONTINUED FROM SEPTEMBER 28, 2022
APPLICANT/OWNER:
Bill Guth / Aspenhof Condominium
Association
REPRESENTATIVE:
Sara Adams
LOCATION:
Street Address:
520 E. Cooper
Legal Description:
Subdivision: Aspenhof Subdivision
Common Area, City and Townsite
of Aspen, Colorado
Parcel Identification Number:
2737-182-24-800
CURRENT ZONING & USE
CC, Commercial Core, Mixed Use
PROPOSED LAND USE:
No Change
SUMMARY: On September 28th HPC held a public hearing on proposed
alterations to a non-historic building in the Commercial Core Historic
District. Last minute staffing changes lead to a less than seamless
presentation of the materials to the board, however a meaningful
discussion of the project took place, which resulted in general agreement
of support with two conditions; that triangular window columns which are
part of the existing façade are to be recreated as closely as possible with
a new glazing system (which would better meet guideline 1.35), and that
the proposal to route the face of certain areas of the brick to create a
“banding” effect was to be dropped (which meets guideline 2.14). The
applicant asked for a continuation to discuss these conditions with their
HOA.
A revised application agreeing to the September 28th conditions is provided
as Exhibit 1 to this cover memo. The applicant has offered two options
related to the window condition. Staff recommends Option 1, a closer
match to the current design as the board indicated an interest in retaining
character defining architectural elements of the existing building.
The full packet from the September 28th meeting, as it had been intended
to be delivered to HPC before logistical difficulties, is attached as Exhibit
2.Staff has also provided a recommended Resolution of approval, with
HPC’s conditions, and others suggested by the dialogue at the previous
hearing regarding the authorization for a limewash finish on the masonry
and composite wood in the historic district. Mandatory standards 1.22,
1.23 and 1.33 must be met by these materials. Board members indicated
a concern that the limewash should not create a monochromatic
appearance to the building. The durability benefits of the composite wood
was recognized, but it was also indicated that the material was particularly
acceptable in this case because it would be installed sufficiently distant
from the public view to decrease it’s reading as something other than
wood. An on-site mock-up to be accepted by the full board is appropriate.
Draft minutes summarizing the board comments from September 28th are
attached to the packet Exhibit 3.
Exhibit B
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The following standards and guidelines are key to this review:
1.24 Introducing a new material, material application, or material finish to the existing streetscape may be
approved by HPC or P&Z if the following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
1.35 Design alterations to relate to the existing building style and form that may remain.
Details and Materials
2.14 Architectural details should reinforce historic context and meet at least two of the following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
MANDATORY STANDARD
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen historically in the
Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for secondary
materials.
MANDATORY STANDARD
Remodel
1.33 All remodel projects shall meet Standards 1.22 and 1.23.
MANDATORY STANDARD
Materials and Details
1.22 Complete and accurate identification of materials is required.
• Provide drawings that identify the palette of materials, specifications for the materials, and location
on the proposed building as part of the application.
• Physical material samples shall be presented to the review body. An onsite mock-up prior to
installation may be required.
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STAFF RECOMMENDATION: Staff recommends HPC approve Minor Development and Commercial Design
Review with conditions listed in the attached Resolution.
EXHIBITS:
Resolution #____, Series of 2022
Exhibit 1- Revised application
Exhibit 2- September 28th HPC packet, as intended to have been provided to HPC
Exhibit 3- September 28th draft minutes
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
October 5, 2022
Aspen Historic Preservation Commission
c/o Amy Simon, Planning Director
RE: 520 East Cooper Street – Aspenhof Remodel
Dear HPC:
Thank you for your feedback on September 28th. The meeting concluded with direction to 1) remove
the banding in the brick; 2) recreate the triangle windows; and 3) replicate the length of the triangle
windows. The board understood that a metal cap at the top of the triangle windows, as opposed to
the existing skylight, is necessary for waterproofing and insuring the windows. The material palette
was supported by the majority of HPC and is not proposed to change in this revision. The removal of
the vertical flue and the redesigned storefront and entry awnings were supported by the majority of
HPC and are not proposed to change in this revision.
Design Guideline 1.35 was central to the discussion of triangle windows and the proposed horizontal
banding in the brick.
1.35 Design alterations to relate to the existing building style and form that may remain.
The attached drawings propose two options. Option 1 shows the triangle windows and no brick
banding. A metal cap is proposed at the top of the triangle windows. Option 2, the HOA’s preferred
option, shows a modern interpretation of the triangle windows that does not replicate the 1970s
windows. The essence of Ted Mularz’s 1970s design is intact but it is updated in Option 2 with windows
that provide more glazing, light and views.
Figure 1: Option 1 Figure 2: Option 2
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The building is not historic and is not proposed to voluntarily participate in the AspenModern program.
Its location in the Commercial Core Historic District is the only reason HPC has purview over the
exterior. The existing building does not relate to the surrounding 19th century commercial buildings;
however, the proposed remodel creates a stronger relationship between eras. The redesigned
storefront that currently houses Pitkin County Dry Goods has a more traditional appearance, entries
are defined by permanent awnings, and stucco is replaced by a low maintenance composite wood
material.
Please do not hesitate to contact me for a site visit or for additional information that will aid your
review. We look forward to presenting this remodel project and to demonstrate compliance with
applicable design guidelines and standards.
Sincerely,
Sara Adams, AICP
www.bendonadams.com
Figure 3: Photograph of 520 East Cooper Avenue, courtesy Ted Mularz, www.aspenmod.com
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Exhibits -
1. Response to Review Criteria
a. Commercial Design and HP provided 9/28/22.
2. Moratorium Exemption approval provided 9/28/22.
3. Pre-Application Summary provided 9/28/22.
4. Land Use Application provided 9/28/22.
5. Authorization to Represent provided 9/28/22.
6. Agreement to Pay provided 9/28/22.
7. HOA Form provided 9/28/22.
8. Proof of Ownership provided 9/28/22.
9. Vicinity Map provided 9/28/22.
10. Mailing list within 300’ provided 9/28/22.
11. Drawings provided 9/28/22.
a. Survey
b. Floor plans, elevations and renderings
c. Cut sheets
d. Neighborhood context photographs
12. Updated elevations based on HPC feedback. Provided 10/5/22
a. Option 1
b. Option 2 – preferred by HOA
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
MEETING DATE: September 28, 2022
RE: 520 E. Cooper – Minor Development Review, Commercial Design Review,
PUBLIC HEARING
APPLICANT/OWNER:
Bill Guth / Aspenhof Condominium
Association
REPRESENTATIVE:
Sara Adams
LOCATION:
Street Address:
520 E. Cooper
Legal Description:
Subdivision: Aspenhof Subdivision
Common Area, City and Townsite of
Aspen, Colorado
Parcel Identification Number:
2737-182-24-800
CURRENT ZONING & USE
CC, Commercial Core, Mixed Use
PROPOSED LAND USE:
No Change
SUMMARY: 520 E. Cooper is a non-contributing building located in
the Commercial Core Historic District. Designed by Ted Mularz, the
structure is a candidate for AspenModern designation, however the
property owner has elected not to pursue designation and instead
proposes a remodel to the street facing façade, window
replacements, replacing exterior siding materials, removing the
vertical flue, replacing balcony railings, and updating the large
vertical triangular windows at the exterior stair corridors.
STAFF RECOMMENDATION: Staff recommends continuation
for compliance with the applicable design standards and
guidelines.
520 E. Cooper
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REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC)
The Applicant is requesting the following land use approvals:
• Minor Development (Section 26.415.070.C) - design review of alterations to a non-
landmarked property.
• Commercial Design Review (Section 26.412.070.C)- design review of development located in the
Commercial Core Historic District.
The Historic Preservation Commission (HPC) is the final review authority on the reviews listed above.
The scope of the project is subject to Call-Up notice to City Council.
STAFF COMMENTS:
Staff has reviewed the project based on the Commercial Design Standards and Guidelines. The review
criteria and staff recommendations in response to this proposal are detailed in Exhibit A.
Staff finds the proposed configurations of the project to be incompatible with several of the Commercial
Design Standards and Guidelines. Staff finds that the proposed limewash treatment of the natural red
brick façade, and the use of composite engineered siding instead of wood are not consistent with the
material palette that defines the historic district. See examples below. In addition, new windows and
railings must be clear, without colored glazing or films, and the new fixed awning over the storefront
that abuts the sidewalk must show how drainage will be managed.
521 E Hyman, Image by City of Aspen. 413 E. Hyman, Image by Remax.
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RECOMMENDATION: Staff recommends HPC continue the Minor Development and Commercial
Design Review to achieve compliance with the design standards and guidelines. A resolution of
approval is provided, should the HPC choose to take that action.
ATTACHMENTS:
Resolution #____, Series of 2022
Exhibit A- Minor Development and Commercial Design Review/Staff Findings
Exhibit B- Application
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HPC Resolution #__, Series of 2022
Page 1 of 3
RESOLUTION #__, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN
REVIEW FOR THE PROPERTY LOCATED AT 520 E. COOPER, ASPENHOF
SUBDIVISION COMMON AREA, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-24-800
WHEREAS, the applicant, Bill Guth/Aspenhof Condominium Association has requested HPC
approval for Minor Development and Commercial Design Review for the property located at 520
E. Cooper, Aspenhof Subdivision Common Area, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;” and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project’s conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C of the
Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny; and
WHEREAS, for approval of Commercial Design Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval; and
WHEREAS, HPC reviewed the project on September 28, 2022. HPC considered the application,
the staff memo and public comment, and found the proposal consistent with the review standards
and granted approval with conditions by a vote of _-_.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and Commercial Design Review for 520 E. Cooper,
Aspenhof Subdivision Common Area, City and Townsite of Aspen, CO as follows:
Section 1: Minor Development and Commercial Design Review.
HPC hereby approves Minor Development and Commercial Design Review for the exterior remodel
on the street-facing South facade as proposed in the application, with the condition that the applicant
provide a physical sample of the proposed limewash finish, the engineering wood, and the tinted
glass railings proposed for the project, for review by staff and monitor. Staff and monitor may
choose to refer that material selection to the full board for consideration. A detail of the proposed
drainage for the fixed awning over the storefront that abuts the sidewalk is also required.
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HPC Resolution #__, Series of 2022
Page 2 of 3
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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order. 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 Section
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 final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a 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: 520 E. Cooper, Aspen, CO, 81611
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
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HPC Resolution #__, Series of 2022
Page 3 of 3
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 28th day of September,
2022.
Approved as to Form: Approved as to Content:
________________________________ ________________________________
Katharine Johnson, Assistant City Attorney Jeffrey Halferty, Vice Chair
ATTEST:
________________________________
Mike Sear, Deputy City Clerk
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Exhibit A
Minor Development
Commercial Design Standards and Guidelines
Staff Findings
26.415.070. Development involving designated historic property or property within a
historic district.
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.
26.415.070.C Minor Development
1. The review and decision on the issuance of a certificate of appropriateness for minor
development shall begin with a determination by the Community Development Director that the
proposed project constitutes a minor development. Minor development work includes:
a) Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less or
b) Alterations to a building façade, windows, doors, roof planes or material, exterior
wall materials, dormer porch, exterior staircase, balcony or ornamental trim when
three (3) or fewer elements are affected and the work does not qualify for a
certificate of no negative effect or
c) Erection or installation of a combination or multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments
to designated properties such that the cumulative impact does not allow for the
issuance of a certificate of no negative effect or
d) Alterations that are made to non-historic portions of a designated historic property
that do not qualify for a certificate of no negative effect or
e) The erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a certificate of no negative
effect. The Community Development Director may determine that an application
for work on a designated historic property involving multiple categories of minor
development may result in the cumulative impact such that it is considered a major
development. In such cases, the applicant shall apply for a major development
review in accordance with Subsection 26.415.07.D.
3. The procedures for the review of minor development projects are as follows:
b) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant information
on the proposed project and a recommendation to approve, disapprove or approve
with conditions and the reasons for the recommendation. The HPC will review the
application, the report and the evidence presented at the hearing to determine the
project's conformance with the City Historic Preservation Design Guidelines.
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Page 2 of 5
c) The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a certificate
of appropriateness and the Community Development Director shall issue a
development order.
Staff Findings: The proposed work, which involves no new addition to the structure, has been
determined to qualify as Minor Development. Because the affected structure is not designated,
the Historic Preservation Design Guidelines, adopted in 2016 do not apply. The document states
that “These design guidelines are specifically for properties listed on the “Inventory of Historic
Sites and Structures,” inside and outside of the historic districts.”
New guidelines for development in the Commercial Core were adopted in 2017 and will be used
in the evaluation of this application. Per the Commercial, Lodging and Historic District Design
Standards and Guidelines, “a property located within the Main Street Historic District or
Commercial Core Historic District, but not a designated landmark is subject to the applicable
Commercial, Lodging and Historic District Design Standards and Guidelines, but is not subject
to the Historic Preservation Design Guidelines.” The applicable guidelines for this remodel are
found in the General and Commercial Core Historic District chapters.
Below, staff has identified information pertinent to the scope of work, highlighting topics found not
to be met. Regarding the proposal to apply a limewash to the existing natural red brick, staff finds
that mandatory Standard 1.22 is not met, in part because a clear description of the finish has not
been provided. Renderings suggest a yellow brick façade, however, a limewash would be
expected to have a result as seen at 406 S. Mill, another non-contributing structure that was
approved for this finish by HPC, against staff’s recommendation, in 2017. Staff also finds this
aspect of the proposal does not comply with mandatory standards 1.23 and 1.33, guideline 1.24
and guideline 2.14. Applying the proposed finish to the masonry literally washes over the reading
of the masonry units and grout lines, and reduces the visual interest of the façade. Masonry was
historically not painted in the historic district, and doing so can cause long-term deterioration to
the brick, and negatively impacts the relationship of the building to the surrounding context in
terms of texture, color, and the human scale that the masonry units provide. While the subject
building is not designated historic, it remains strongly influenced by Modernism. The “old world”
character of the limewash arguably conflicts with guideline 1.35, which suggests that remodel
activities relate to the existing building style and form that may remain.
Close up of limewashed masonry
at 406 S. Mill, Image from Yelp.
Project rendering from
application.
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Staff has similar concerns that engineered, rather than natural wood siding, has an unnaturally
uniform appearance not consistent with wood that characterizes the historic district which
acquires texture and patina. The engineered wood does not meet Standards 1.23 and 1.33, and
Guidelines 1.24 and 2.14.
Guidelines 1.24 and 2.14 are not met by the tinted glass railings proposed across the façade as
the historic district is consistently characterized by clear glazing.
Regarding a fixed awning proposed for the storefront occupied by Pitkin County Dry Goods, more
information is needed as to how drainage will be managed. Standard 1.22 requires complete
identification of materials and details.
Staff recommends HPC continue the application for restudy.
RELEVANT HISTORIC COMMERCIAL DESIGN STANDARDS AND GUIDELINES- GENERAL
(TOPICS OF CONCERN ARE HIGHLIGHTED):
Site Planning and Streetscape
1.3 Landscape elements (both hardscape and softscape) should complement the
surrounding context, support the street scene, and enhance the architecture of
the building.
• This applies to landscape located both on-site and in the public right-of-way.
• High quality and durable materials should be used.
• Early in the design process, consider stormwater best management practices as an
integral part of the landscape design process.
1.4 Where there is open space on a site, reinforce the traditional transition from public
space, to semi-public space to private space.
• This may be achieved through a fence, a defined walkway, a front porch element, covered
walkway, or landscape.
1.5 Maintain alignment of building facades where appropriate.
• Consider the entire block of a neighborhood to determine appropriate building placement.
Carefully examine and respond to the variety of building alignments that are present.
• Consider all four corners of an intersection and architectural context to determine
appropriate placement for buildings located on corners.
MANDATORY STANDARD
1.1 All projects shall provide a context study.
The study should include the relationship to adjacent structures and streets through
photographs, streetscape elevations, historic maps, etc.
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• Consider the appropriate location of street level Pedestrian Amenity when siting a new
building.
1.6 When a building facade is set back, define the property line. Review the context
of the block when selecting an appropriate technique. Examples include:
• A fence which is low in height and mostly transparent so as to maintain openness along
the street.
• Landscaping, though it may not block views of the architecture or a Pedestrian Amenity
space. Hedgerows over 42 inches are prohibited.
• Benches or other street furniture.
1.24 Introducing a new material, material application, or material finish to the existing
streetscape may be approved by HPC or P&Z if the following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
Lighting, Service, and Mechanical Areas
1.26 The design of light fixtures should be appropriate to the form, materials, scale,
and style of the building.
MANDATORY STANDARD
Materials and Details
1.22 Complete and accurate identification of materials is required.
• Provide drawings that identify the palette of materials, specifications for the materials, and
location on the proposed building as part of the application.
• Physical material samples shall be presented to the review body. An onsite mock-up prior
to installation may be required.
MANDATORY STANDARD
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen
historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for
secondary materials.
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1.34 Consider updating windows, doors, and/or primary entrances to better relate to
the Character Area and pedestrian experience.
1.35 Design alterations to relate to the existing building style and form that may remain.
1.36 Incorporate elements that define the property line in accordance with Guideline
1.6.
RELEVANT HISTORIC COMMERCIAL DESIGN STANDARDS AND GUIDELINES-
COMMERCIAL CORE HISTORIC DISTRICT (GUIDELINES OF CONCERN ARE
HIGHLIGHTED):
Details and Materials
2.14 Architectural details should reinforce historic context and meet at least two of the
following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
MANDATORY STANDARD
Remodel
1.33 All remodel projects shall meet Standards 1.22 and 1.23.
97
Exhibit B
Referral Comments
Engineering
Zoning
Engineering Comments
Re: HPC Referral Project 520 E. Cooper
Prior to HPC approval the following comments need to be addressed:
1. All elements of the awning in the ROW shall be at least 7' above grade.
2. Permanent encroachment license must be obtained for the awning in the ROW.
3. How will snow be removed from the awning, and how will stormwater drain?
Awning shall be designed so that snow/rain do not dump onto pedestrians on the
sidewalk.
4. Since the only work proposed is building exterior, a major engineering review will
not be required and therefore public improvements (widened sidewalk) are not
required.
Zoning Comments
Re: HPC Referral Project 520 E. Cooper
Prior to HPC approval the following comments need to be addressed:
1. All signs are approved through the sign permit process. Permits are issued on a
per business basis. Sheet No. 4.1, Sec. 26.510 Signs.
2. Show that the awnings meet the dimensional requirements. Sheet No. 3.2, Sec.
26.104.100.
3. The proposed site plan does not show the new awnings or altered landscape bed
with bench. Sheet No. 1.2
No additional comments from the Building Department or Parks Department.
98
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
July 7, 2022
Aspen Historic Preservation Commission
c/o Sarah Yoon, Aspen Historic Preservation Planner
RE: 520 East Cooper Street – Aspenhof Remodel
Dear HPC:
Please accept this application for Minor
Historic Preservation review and
Consolidated Commercial Design review for
the property located at 520 East Cooper
Street. The property is within the
Commercial Core Historic District, but is not
considered a designated landmark or a
contributing structure. This application is
submitted on behalf of the Aspenhof
Condominium Association. The project is
exempt from the residential moratorium as
noted in Exhibit 2.
The Aspenhof Building was constructed in
1970 and designed by Ted Mularz. Ted
Mularz is a recognized AspenModern
architect and is associated with
Wrightian/organic style of architecture. He
worked in Fritz Benedict’s office with Robin
Molny, and opened his own architecture
firm in Aspen in 1963. He and his wife were
active community members until they
relocated to Oregon in 1990.
There is no question that Ted Mularz is
important to Aspen’s post War history and
development as a destination ski resort. The
best and most architecturally successful
examples of Ted’s work are the Berko studio
in the west end (aka 211 East Hallam Street,
Figure 1: 520 East Cooper after completion. Photograph is from
www.aspenmod.com.
Figure 2: 400 West Hopkins Avenue. Photograph is from www.aspenmod.com.
99
Page 2 of 2
designated historic landmark) and the residential condominium complex at 400 West Hopkins. These
works exemplify Mularz’s contributions to Aspen’s vernacular Wrightian/organic style.
520 East Cooper falls short of exemplifying the Wrightian/organic style, which is likely why it is not
identified on the AspenModern map as a potentially eligible historic landmark and is only referenced
in Mularz’s biography. Not every work completed by Mularz is significant and deserves to be
designated historic and offered development incentives. Properties that participate in AspenModern
are the best examples of a recognized style, architect, or event, and 520 East Cooper just does not
make the cut.
After careful consideration and consultation with the city’s historic preservation staff, the applicant
requests approval to remodel the street facing façade. In addition to inkind repairs like window
replacements, the applicant proposes to update the exterior appearance of the building by replacing
materials, removing the vertical flue and updating the triangular windows on the circulation corridors.
Existing and proposed drawings, and proposed materials are included in this application. We can
provide material samples if the HPC meeting is in person. Applicable review criteria are addressed in
Exhibit 1. The project does not reduce pedestrian amenity or second tier commercial space.
520 East Cooper Street is located well below the Main Street view plane which crosses the property at
about 100-120 feet and the Courthouse view plane which crosses the property at about 70- 80 feet
according to Aspen GIS.
Please do not hesitate to contact me for a site visit or for additional information that will aid your
review. We look forward to presenting this remodel project and to demonstrate compliance with
applicable design guidelines and standards.
Sincerely,
Sara Adams, AICP
www.bendonadams.com
Exhibits
1. Response to Review Criteria
a. Commercial Design and HP
2. Moratorium Exemption approval
3. Pre-Application Summary
4. Land Use Application
5. Authorization to Represent
6. Agreement to Pay
7. HOA Form
8. Proof of Ownership
9. Vicinity Map
10. Drawings
a. Survey
b. Floor plans, elevations and renderings
c. Cut sheets
d. Neighborhood context photographs
100
Exhibit 1
Review Criteria
Page 1 of 9
1.a Commercial Design and HP Design Reviews
26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file
with the Community Development Department, will be used in the review of requests of certificates of no
negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the
common development review procedures set forth in Chapter 26.304 will be necessary for the approval of
any proposed work:
Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines.
Commercial Design Standard Review uses the same design guidelines for the Commercial Core
Historic District and the Historic Preservation Design Guidelines. As described below, the project
conforms with the Historic Preservation Design Guidelines/ Commercial, Lodging and Historic
District Design Standards and Guidelines.
26.412.040. Commercial Design Procedures for Review.
E. Consolidation of applications and combining of reviews. If a development project includes additional City
land use approvals, the Community Development Director may consolidate or modify the review process
accordingly, pursuant to Subsection 26.304.060.B of this title.
If a proposed development, upon determination of the Community Development Director in consultation
with the applicant, is of limited scope, the Director may authorize the application to be subject to a one-step
process that combines both conceptual and final design reviews…
Response - This application proposes a trellis as a permanent element that has roll down sides 6
months of the year.
26.412.060 Review Criteria.
An application for commercial design review may be approved, approved with conditions or denied based
on conformance with the following criteria:
A. Guidelines and Standards
1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as
determined by the appropriate Commission. The Standards and Guidelines include design review
criteria that are to be used to determine whether the application is appropriate.
2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and
Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D.
3. Not every guideline will apply to each project, and some balancing of the guidelines must occur
on a case-by-case basis. The applicable Commission must:
a. determine that a sufficient number of the relevant guidelines are adequately met in order
to approve a project proposal.
b. weight the applicable guidelines with the practicality of the measure.
101
Exhibit 1
Review Criteria
Page 2 of 9
Commercial Design Standards and Guidelines – General Chapter
1.1 All projects shall provide a context study.
• The study should include the relationship to adjacent structures and streets through photographs,
streetscape elevations, historic maps, etc.
Response – Neighborhood context is included as Exhibit 10d of the application.
1.2 All projects shall respond to the traditional street grid.
• A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to
specific chapters for more information.
• Buildings on corners shall be parallel to both streets.
Response – n/a.
1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context,
support the street scene, and enhance the architecture of the building.
• This applies to landscape located both on-site and in the public right of way.
• High quality and durable materials should be used.
• Early in the design process, consider stormwater best management practices as an integral part of
the landscape design process.
Response – A new bench niche is proposed to activate the streetscape.
1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi-
public space to private space.
• This may be achieve through a fence, a defined walkway, a front porch element, covered walkway,
or landscape.
Response – Grade level open space is not proposed to be altered as part of this project. The vertical flue is
proposed to be removed and the space incorporated into an existing planter.
102
Exhibit 1
Review Criteria
Page 3 of 9
Figure 1: Existing ground level open space (top) and proposed ground level open space (bottom).
Figure 2: Proposed updated outdoor space with bench.
103
Exhibit 1
Review Criteria
Page 4 of 9
1.5 – 1.13 n/a.
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
• Finished floor and sidewalk level shall align for at least 1/2 the depth of the ground floor where
possible. If significant grade changes exist on property, then the project will be reviewed on a case-
by-case basis.
• All buildings shall have at least one clearly defined primary entrance facing the front lot line, as
defined in the Land Use Code. An entrance located within a chamfered corner is an alternative.
(See Commercial Core Historic
District).
• If a building is located on a
corner lot, two entrances shall
be provided; a primary entrance
facing the longest block length
and a secondary entrance facing
the shortest block length.
Response – Street facing commercial
entrances are upgraded with new
materials and awnings. Entrances are
already oriented to the street at grade
level and the orientation is not proposed
to change.
1.15 Incorporate an internal airlock or
air curtain into first floor commercial space.
• An airlock or air curtain shall be integrated into the architecture.
• Adding a temporary exterior airlock of any material to an existing building not allowed.
Response – n/a. Entrances are not proposed to move.
1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with the
established scale are highly discouraged.
• Transom windows above an entry are a traditional element that may be appropriate in
neighborhoods with 19th century commercial buildings.
• Entries should reflect the established range of sizes within the context of the block. Analyze
surrounding buildings to determine appropriate height for entry doors.
Response – n/a. Entrance heights are not proposed to change.
1.17 ATMs and vending machines visible from the street are prohibited.
Figure 3: Commercial entrance with updated appearance.
104
Exhibit 1
Review Criteria
Page 5 of 9
Response – ATMS and vending machines are not proposed.
1.18 – 1.21 n/a
1.22 Complete and accurate identification of materials is required.
• Provide drawings that identify the palette of materials, specifications for the materials, and location
on the proposed building as part of the application.
• Physical material samples shall be presented to the review body. An onsite mock-up prior to
installation may be required.
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen historically in
the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for secondary
materials.
1.24 Introducing a new material, material application, or material finish to the existing streetscape may be
approved by HPC or P&Z if the following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
Response – Proposed materials are found in Exhibit 10. The brick is proposed to remain and be treated
with a lime wash. Stucco is replaced with horizontal composite siding, guardrails are replaced with tinted
glass, and awnings are replaced with metal.
Figure 4:Proposed materials in rending.
105
Exhibit 1
Review Criteria
Page 6 of 9
1.25 Architecture that reflects corporate branding of the tenant is not permitted.
Response – n/a.
1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the
building.
Response – No new light fixtures are proposed.
1.27 - 1.32 – n/a. No change to trash/utility areas.
1.33 All remodel projects shall meet Standards 1.22 and 1.23.
Response – please see above.
1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area
and pedestrian experience.
Response – Windows, doors and ground level outdoor areas are updated to relate to the Commercial Core
Historic District.
1.35 Design alterations to relate to the existing building style and form that may remain.
Response – The design alterations to the circulation towers and the removal of the flue relate to the
character of the 1970s building but refresh the appearance to relate to the downtown core.
1.36 Incorporate elements that define the property line in accordance with Guideline 1.6.
Response – A bench niche is proposed to further define the property line.
1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged.
• Minimize the appearance of ramps by exploring other on-site options such as altering interior floor
levels or exterior grade.
Response – No change to ADA compliance proposed.
106
Exhibit 1
Review Criteria
Page 7 of 9
Commercial Core Historic District
2.1 Maintain the alignment of facades at the property line.
Response – n/a.
2.2 Consider a 45-degree chamfer for corner lots where appropriate.
Response – n/a.
2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce
continuity in architectural language within the Historic District. Consider the following design elements:
form, materials, and fenestration. Pick two areas to relate strongly to the context.
Response – 520 East Cooper Avenue is a flat roof mixed use building. The primary material is brick and
existing stucco is proposed to be replaced with horizontal composite siding that looks like wood.
Fenestration is not proposed to change, but be replaced in kind.
2.4 Respect adjacent iconic historic structures.
Response – 520 is located in a block face that does not contain any historic landmarks. There are 19th
century landmarks across Cooper Avenue – the proposed remodel does not detract from these important
buildings.
2.5 The massing and proportions of a new building or addition should respond to the historic context.
Response – Massing is unchanged with the exception of the removal of a brick flue. Proportions of the
existing building are maintained.
2.6 One story buildings on lots larger than 6,000 sf are discouraged.
Response –n/a.
2.7 Buildings on lots larger than 6,000 sf should incorporate architectural features that break up the mass.
Response –n/a.
107
Exhibit 1
Review Criteria
Page 8 of 9
2.8 Composition of the
façade, including choices
related to symmetry and
asymmetry, should reflect
the close readings of
patterns established by
the 19th century
structures.
Response – The
composition of the façade
is largely the same as
existing. The addition of a
brick parapet to replace a
guardrail on the second
floor creates a stronger
one story brick mass that
relates to 19th century
commercial buildings.
The removal of the
vertical brick flue breaks
the façade into more
appropriate modules that
better relate to the
historic district.
2.9 Recessed entries are required.
• Set a primary entrance back from the front façade a minimum of 4 feet.
• Alternative options that define an entry and reinforce the rhythm of recessed entryways may be
considered.
• For corner lots, primary entries must face front lot line as determined by the Land Use Code and/or
be located in the chamfered corner where applicable.
Response – No change to existing entries.
2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000 square feet, and
on the secondary street for corner lots.
Response – No change to existing entries.
2.11 Maintain a floor to ceiling height of 12 to 15 feet for the first floor and 9 feet for the second floor.
Response – n/a.
Figure 5: Existing south elevation (top) and proposed (bottom). Blue arrow at top identifies the brick flue
proposed to be removed. Blu area at bottom draws attention to the proposed brick parapet wall that
create a stronger one story element.
108
Exhibit 1
Review Criteria
Page 9 of 9
2.12 Maintain an architectural distinction between the street level and upper floors.
Response – The existing distinction between floors is maintained.
2.13 Street level commercial storefronts should be predominantly transparent glass.
• Window design, including the presence or absence of mullions, has a significant influence on
architectural expression. Avoid windows which suggest historic styles or building types that are
not part of Aspen’s story.
Response – Street level commercial storefronts are predominantly transparent glass.
2.14 Architectural details should reinforce historic context and meet at least two of the following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
Response – Traditional materials and traditional application are proposed to update the existing structure.
Architectural details blend into the historic district without distracting from the important 19th century
historic landmarks.
Pedestrian Amenity
A. Applicability and Requirement. The requirements of this Section shall apply to the development of all
commercial lodging and mixed use development within the CC…Zone Districts…This area represents the
City’s primary pedestrian-oriented downtown, as well as important mixed use service and lodging
neighborhoods. Development in these zone districts consisting of entirely residential uses is exempt from
these provisions. Remodel and renovation activities that do not trigger demolition, and which maintain
100% of the existing pedestrian amenity present of the site are exempt from this Section. Changes to
pedestrian amenity space as a result of required accessibility or building code compliance are exempt from
compliance with the 25% requirement if demolition is not triggered.
Response – No change to existing pedestrian amenity is proposed.
Second Tier Commercial Space
A. Applicability.
1. Development or redevelopment. This section applies to all new development and redevelopment
in the CC…districts. Proposals that are 100% lodge projects shall be exempted from this
requirement. Remodel and renovation activities that do not trigger demolition, and which maintain
100% of the existing second tier space present on the site are exempt from this Section. Changes to
second tier space as a result of required accessibility or building code compliance are exempt from
compliance with the section if demolition is not triggered.
Response – The proposed project is exempt from this section because demolition is not triggered and 100%
of the existing second tier space is maintained.
109
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 AND ORDINANCE #6, SERIES OF 2022
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 of Work is exempt from the application of Ordinance #27, Series of 2021
and Ordinance #6, Series of 2022, and is authorized to pursue a land use review
and/or building permit review during the effective terms of Ordinance #27, Series of
2021 and Ordinance #6, Series of 2022, ordinances which generally place a
moratorium on residential development. This authorization does not guarantee
issuance of 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 or Ordinance #6, Series
of 2022.
The project described above is permitted to proceed with land use review because
(check all that apply):
110
□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 permitted 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 certificate is valid through the
effective date of Ordinance #27, Series of 2021 and Ordinance #6, Series of 2022, or
any Ordinance which supersedes a provision of these ordinances 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 Order
or Administrative Determination that is subject to appeal.
___________________________________
Phillip Supino
Community D evelopment Director
Disclaimer: This exemption is given based on the information provided by the applicant. If changes are
made, or the scope, after a more detailed review, is found to be subject to Ordinance 27, 2021 or
Ordinance #6, Series of 2022, the exemption may be revoked.
Exhibit A: Floor plans and elevations representing s cope of work
Planning Director, for
111
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sarah Yoon, sarah.yoon@cityofaspen.com
REPRESENTATIVE: Brian Beazley, brian@djarchitects.com
PROJECT LOCATION: 520 E. Cooper
REQUEST: Historic Preservation – Minor Development & Commercial Design Review
DESCRIPTION: 520 E. Cooper is a mixed-use building in the Commercial Core (CC) Historic District. This
property is eligible for Aspen Modern designation as a building designed by Theodore Mularz, who is an
important local architect recognized for his contributions to the Aspen Modern movement.
The applicant proposes exterior changes to the building, specifically to the guardrails around the existing
decks, new fenestration on the stair towers and a new entry awning. Various like-for-like repairs are also being
considered for this building.
The Historic Preservation Commission (HPC) review for Minor Development is a one-step process where the
project may be approved, disapproved, or approved with conditions.
HPC will use the Commercial Design Standards and applicable Land Use Code Sections to assist with their
determinations. The applicant must demonstrate that the proposed scope of work complies with all applicable
criteria in the Commercial, Lodging, and Historic District Design Standards: Chapter 1 – General & Chapter 4
– Commercial Area.
Following approval, if granted, staff will inform City Council of the HPC decision, allowing them the opportunity
to uphold HPC’s decision or to “Call Up” aspects of the approval for further discussion. This is a standard
practice for Commercial Design Review.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.412 Commercial Design Review
26.412.040.E Consolidation of Applications and Combining of Reviews
26.412.040.F Appeals, Notice of Approval and Call-up
26.415.070.C Historic Preservation – Minor Development
26.575.020 Calculations and Measurements
26.710.140 Commercial Core (CC) Zone District
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
Historic Preservation Design Guidelines Commercial Design Guidelines and Standards
Review by: Staff for completeness and recommendations
HPC for final decision
Public Hearing: Yes, at Minor Review
112
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: $1,300 for 4 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.
Total Deposit: $1,300.
APPLICATION CHECKLIST:
Below is a list of submittal requirements for HPC Minor review. Please email the entire application as one
pdf to sarah.yoon@cityofaspen.com. The fee will be requested after the application is determined to be
complete.
Completed Land Use Application and signed Fee Agreement.
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.
HOA Compliance form (Attached).
List of adjacent property owners for both properties within 300’ for public hearing.
An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.
Site improvement survey including topography and vegetation showing the current status,
certified by a registered land surveyor, licensed in the state of Colorado.
A written description of the proposal (scope of work) and written explanation of how the proposed
development complies with the review standards and design guidelines relevant to the
application.
A proposed site plan showing setbacks and property boundaries.
Scaled drawings of the proposed changes; and the primary features of the elevation. Scaled
drawings are to include both existing and proposed conditions.
An accurate representation of all building materials and finishes to be used in the development.
Please include relevant cut-sheets for review.
113
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.
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.
114
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
x
xx
x
115
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
July 29, 2022
Amy Simon
Planning Director
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
RE: 520 E. Cooper Ave.; Aspen, CO
Ms. Simon:
Please accept this letter authorizing BendonAdams LLC to represent our ownership
interests in 520 East Cooper Avenue / Common Area, Aspenhof Subdivision, and act on
our behalf on matters reasonably associated in securing land use approvals for the
property.
If there are any questions about the foregoing or if I can assist, please do not hesitate to
contact me.
Property – 520 E. Cooper Ave.; Aspen, CO
Legal Description – Aspenhof Subdivision Common Area
Parcel ID – 2737-182-24-800
Owner – Aspenhof Condominium Association
Kind Regards,
Bill Guth, President
Aspenhof Condominium Association
520 East Cooper Avenue
Aspen, CO 81611
Bill@wnggroup.com
970-300-2120
116
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
Please type or print in all caps
Representative Name (if different from Property Owner)
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
%HQGRQ$GDPV
An agreement between the City of Aspen (“City”) and
Address of Property:
Property Owner Name:
Billing Name and Address - Send Bills to:
520 E. Cooper Ave.; Aspen, CO 81611
Aspenhof CondoPLQLXP
Association
Bill Guth, 520 E. Cooper Ave.; Aspen, CO 81611
Bill@wnggroup.com 970-300-2120
1300 4
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117
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
Ƒ This property is not subject to a homeowners association or other form of private covenant.
Ƒ This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary.
Ƒ This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: date:
Owner printed name:
or,
Attorney signature: date:
Attorney printed name:
%LOO*XWK3UHVLGHQW$VSHQKRI&RQGRPLQLXP$VVRFLDWLRQ
%LOO#ZQJJURXSFRP
(&RRSHU$YHQXH
$VSHQ&2
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118
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Wilton E. Anderson
Associate Attorney
wea@mountainlawfirm.com Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Glenwood Springs
Office
July 6, 2022
Sent via e-mail: amy.simon@aspen.gov
Amy Simon, Planning Director
City of Aspen
RE: Aspenhof Condominium Association
Common Element Ownership, Application Authority
Dear Ms. Simon,
On behalf of the Aspenhof Condominium Association (the “Association”) this letter addresses
ownership of the Common Elements and the authority of the Board of Managers to submit an
application to the City of Aspen for approval of proposed repair, replacement and improvement of
exterior Common Elements. In preparing this letter we reviewed the Map of Aspenhof recorded on
November 27, 1970 at Reception No. 143297 in Pitkin County, Colorado as amended or
supplemented (the “Map”); the Bylaws of Aspenhof Condominium Association dated April of 1970
recorded in Book 420, Page 172 at Reception No. 238526 as amended or supplemented (the
“Bylaws”); the Articles of Incorporation of Aspenhof Condominium Association filed with the
Colorado Secretary of State on October 8, 1993; the Amended and Restated Condominium
Declaration for Aspenhof recorded on August 31, 2020 at Reception No. 667566 (the “Declaration”)
together with other pertinent Association records; that Title Commitment No. Pre-2022-917-TBD,
issued by Aspen Title & Escrow, LLC, dated June 2, 2022 (the “Commitment”); and relevant portions
of the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq. (“CCIOA”), the
Condominium Ownership Act, C.R.S. § 38-33-101, et seq. (“COA”), and the Colorado Revised
Nonprofit Corporation Act (the “Nonprofit Act”). A copy of the Commitment is attached.
1. The Association is the sole entity authorized to act as owner of the Common
Elements.
As a preliminary matter, the Association is the owners association which manages, operates
and controls that real property described in the Commitment, Exhibit A, also known as 520 Cooper
Ave., Aspen, CO 81611 (the “Property”) together with that certain common interest community
known as the "Aspenhof Condominiums", which was created on November 27, 1970 pursuant to
COA, and is subject to the Nonprofit Act and portions of CCIOA. As shown in the Commitment,
Schedule A, fee simple title to the Property is vested in the Association. However, the Association’s
ownership interest extends only to the Common Elements and does not include the separately owned
Units within the Property. The “Common Elements” are everything within the Property including
119
Page 2
the General Common Elements and Limited Common Elements, but excluding the Units.1 “Limited
Common Elements” are a portion of the Common Elements allocated by the Declaration or Map for
the exclusive use of one or more, but fewer than all, of the Units.2 As the Units within the Property
are condominium units with horizontal and vertical boundaries based on the unfinished interior
surfaces,3 it is clear that the proposed repair, replacement and improvement of exterior surfaces only
relate to the Common Elements.
2. The Board of Managers is authorized to act as necessary to facilitate the repair,
replacement or improvement of the Common Elements.
The Association, acting through the Board of Managers, is obligated to maintain, repair or
replace the Common Elements including, without limitation, the Common Element exterior surfaces
and structural components.4 The Board is authorized to take any action necessary, except those
actions specifically reserved for the Members,5 and is specifically authorized to act to keep the
Common Elements in good order, condition and repair, and to otherwise act in furtherance of its
duties and powers.6 Furthermore, “the Board may and shall make any additions, alterations, or
modifications to the Common Elements that, in its judgment, are necessary and in the best interest of
the Project”.7 In this instance, Owner approval is not required for the Association to perform
maintenance, repair or replacement of any portion of the Common Elements under the Association
Documents or applicable law, and there is no limitation on the Board’s authority to submit an
application for the City of Aspen’s approval of proposed Common Element repair, replacement or
improvement.
Finally, the Board has properly authorized Bill Guth, the Association President, to sign the
application for approval, and has approved submission of the application to the City of Aspen, by
voting in favor of such actions at a properly called and noticed Board meeting, or by an action without
a meeting pursuant to C.R.S. § 7-128-202.
The opinions set forth in this letter are limited to the matters specifically addressed and may
not be relied on for any unrelated purpose. Please do not hesitate to contact me with any questions
you may have.
Very truly yours,
KARP NEU HANLON, P.C.
Wilton E. Anderson
1 Declaration Art, II § 2.1(k); see also C.R.S. § 38-33.3-103(5).
2 Declaration, Art. II § 2.1(s); see also C.R.S. 38-33.3-202(1)(d).
3 Declaration, Art. II § 2.1(ee),
4 Declaration, Art. IV § 4.1; Bylaws, Art. IV § 3(c) and (k); Articles, Art. V.
5 Declaration, Art. III § 3.8; Bylaws Art. IV §§ 2 and 3; Articles, Art. V; see also C.R.S. § 33-33.3-302, and C.R.S. § 7-123-102.
6 Declaration, Art. IV § 4.1; Bylaws, Art. IV § (3)(c) and (i); Articles, Art. V. see also C.R.S. § 33-33.3-302.
7 Declaration, Art. XI § 11.8.
120
Page 3
CC: Board of Managers, Aspenhof Condominium Association
121
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
Issued By
Fidelity National Title Insurance Company
ALTA Commitment (6/17/06)
1 of 8 Colorado
Copyright 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
Fidelity National Title Insurance Company, a California corporation (“Company”), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in
the land described or referred to in Schedule A, upon payment of the premiums and charges and
compliance with the Requirements; all subject to the provisions of Schedules A and B and to the
Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 180 days after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name
and seal to be affixed by its duly authorized officers on the date shown in Schedule A.
Aspen Title & Escrow
449 East Hopkins Avenue
Aspen, CO 81611
T: (970) 925-1177
F: (888) 885-0805
License #:694340
Countersigned :
Susan Sarver, License #: 271422
Authorized Signatory
122
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
Issued By
Fidelity National Title Insurance Company
ALTA Commitment (6/17/06)
2 of 8 Colorado
Copyright 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
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment
other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company
in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve
the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or
interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the
amount stated in Schedule A for the policy or policies committed for and such liability is subject to the
insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made
a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title
or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company arising out of the status of the title to the estate or interest or the
status of the mortgage thereon covered by this Commitment must be based on and are subject to the
provisions of this Commitment.
5.ARBITRATION
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance 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. You may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
123
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
ALTA Commitment (6/17/06)
3 of 8 Colorado
Copyright 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
Name and Address of Title Insurance Company:
Aspen Title & Escrow, LLC,
449 E. Hopkins Ave., Aspen, CO 81611
Office File No.: Pre-2022-917-TBD
1. Effective Date: 06/02/2022 at 8:00 AM
2. Policy or Policies to be issued:
a) ALTA Owner's Policy Policy Amount: $0.01
PROPOSED INSURED: To Be Determined
3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: Fee Simple
4. Title to the Fee Simple estate or interest in said Land is at the effective date hereof vested in:
Aspenhof Condominium Association
5. The Land referred to in this Commitment is described as follows:
Purported Address:
520 Cooper Ave., Aspen, CO 81611
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
PREMIUMS:
ALTA Owner's Policy
Extended (Del 1-4)
$300.00
Countersigned:
Susan Sarver / Authorized Signatory
124
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
EXHIBIT A – PROPERTY DESCRIPTION
ALTA Commitment (6/17/06)
4 of 8 Colorado
Copyright 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
Office File No.: Pre-2022-917-TBD
Situated in the County of Pitkin and State of Colorado described as follows:
Units P-1, P-2, P-4, P-5, P-6, P-7, P-8, P-9 and P-10 and all the General Common Areas,
ASPENHOF CONDOMINIUMS, according to the Map thereof recorded November 27, 1970 in Plat Book 4 at Page 136 as Reception
No. 143297, First Amended Condominium Map of Aspenhof (a Condominium) recorded July 29, 1977 in Plat Book 6 at Page 10 as
Reception No. 196227 Second Amendment to the Condominium Map of Aspenhof recorded January 13, 2014 in Plat Book 105 at
Page 87 as Reception No. 607254, and as defined and described in the Condominium Declaration for Aspenhof recorded November
27, 1970 in Book 252 at Page 49 as Reception No. 143282, First Amendment recorded July 29, 1977 in Book 332 at Page 606 as
Reception No. 196226, Appendix 1 to First Amendment recorded August 9, 1977 in Book 333 at Page 249 as Reception No. 196516,
Second Amendment recorded June 22, 1982 in Book 428 at Page 238 as Reception No. 242140, Third Amendment recorded February
26, 2014 as Reception No. 608230, Amended and Restated Condominium Declaration for Aspenhof recorded August 31, 2020 as
Reception No. 667566.
125
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS FOR COVERAGE
ALTA Commitment (6/17/06)
5 of 8 Colorado
Copyright 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
The following Requirements are to be complied with:
1. The 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.
2. Pay the agreed amount for the estate of interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. A satisfactory owner’s affidavit must be completed, executed and returned to the Company.
5. Payment of all taxes and assessments now due and payable.
6. Evidence satisfactory to the Company of payment of the Town of Aspen Transfer Tax, or evidence that the property is exempt
from said Tax.
7. Evidence satisfactory to Aspen Title & Escrow, furnished by the Office of the Director of Finance, City of Aspen, that the
following taxes have been paid, or that conveyance is exempt from said taxes: (1) The “Wheeler Real Estate Transfer Tax”
pursuant to Ordinance No. 20 (Series of 1979) and (2) The “Housing Real Estate Transfer Tax” pursuant to ordinance No. 13
(Series of 1990).
8. Payment of any and all Condominium assessments and expenses which may be assessed to the property.
9. Furnish for recordation a deed as set forth below:
Grantor(s): Aspenhof Condominium Association
Grantee(s): To Be Determined
The search did not disclosed any open mortgages or deeds of trust of record, therefore the Company reserves the right to
require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional
requirements or add additional items or exceptions upon receipt
of the requested evidence.
NOTE: A 24 month Chain of Title has been completed and we find the following: NONE FOUND
NOTE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution,
manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is
associated with these activities.
NOTE: Exception No. 1-4 will not appear on the Policy, Exception No. 5 will be removed from the policy provided the
company conducts the closing.
NOTE: This TBD Commitment is for INFORMATIONAL PURPOSES ONLY
126
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS FOR COVERAGE
ALTA Commitment (6/17/06)
6 of 8 Colorado
Copyright 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
END OF SCHEDULE B – SECTION I
127
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
ALTA Commitment (6/17/06)
7 of 8 Colorado
Copyright 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
SCHEDULE B – SECTION II
EXCEPTIONS FROM COVERAGE
Schedule B of the Policy or Policies to be issued will contain Exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company:
1. Any facts, rights, interests, or claims that are 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 circumstances affecting the Title that would be disclosed by
an accurate and complete and survey of the land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or materials 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, but prior to the date that the proposed insured acquires record title, for value, of the
estate or interest or mortgage thereon covered by this Commitment.
6. All taxes and assessments, now or heretofore assessed, due or payable.
NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes.
7. Water rights, claims of title to water, whether or not these matters are shown by the Public Records.
8. Reservations and exceptions as set forth in Deed from the City of Aspen recorded October 7, 1887 in Book 59 at Page 13 and
in Deed recorded January 4, 1888 in Book 59 at Page 248 and Deed recorded January 18, 1888 in Book 59 at Page 301 ,
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. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded January 14, 1975 in Book
295 at Page 515 as Reception No. 172512.
10. Covenants, conditions, restrictions and lien rights but omitting any covenants or restrictions, if any, including but not limited
to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national
origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set
forth in applicable state or federal laws, except to the extent that said covenants or restriction is permitted by applicable law, as
set forth in the Condominium Declaration for Aspenhof recorded November 27, 1970 in Book 252 at Page 49 as Reception
No. 143282, First Amendment recorded July 29, 1977 in Book 332 at Page 606 as Reception No. 196226, Appendix 1 to First
Amendment recorded August 9, 1977 in Book 333 at Page 249 as Reception No. 196516, Second Amendment recorded June
22, 1982 in Book 428 at Page 238 as Reception No. 242140, Third Amendment recorded February 26, 2014 as Reception No.
608230 , Amended and Restated Condominium Declaration for Aspenhof recorded August 31, 2020 as Reception No.
667566 .
11. Easement, rights of way and all other matters described on the Map of Aspenhof recorded November 27, 1970 in Plat Book 4
at Page 136 as Reception No. 143297, First Amended Condominium Map of Aspenhof (a Condominium) recorded July 29,
128
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
ALTA Commitment (6/17/06)
8 of 8 Colorado
Copyright 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
1977 in Plat Book 6 at Page 10 as Reception No. 196227 Second Amendment to the Condominium Map of Aspenhof recorded
January 13, 2014 in Plat Book 105 at Page 87 as Reception No. 607254
12. Terms, conditions, provisions and obligations as set forth in Articles of Incorporation for Aspenhof Condominium Association
recorded December 14, 1970 as Reception No. 143537 .
13. Terms, conditions, provisions and obligations as set forth in Statement of Exemption from the Definition of a Subdivision
recorded July 26, 1977 in Book 332 at Page 397 as Reception No. 196117.
14. Terms, conditions, provisions and obligations as set forth in By-Laws of Aspenhof Condominium Association recorded
January 22, 1982 in Book 420 at Page 172 as Reception No. 238526.
15. Terms, conditions, provision and obligations as set forth in Letters recorded September 11, 2008 as Reception No. 552797 .
16. Terms, conditions, provisions and obligations as set forth in Irrevocable License recorded February 11, 2009 as Reception No.
556378 .
17. Terms, conditions, provisions and obligations as set forth in Reciprocal Easement and Joint Maintenance Agreement recorded
March 25, 2014 as Reception No. 608889 and re-recorded September 12, 2014 as Reception No. 613484 .
END OF SCHEDULE B – SECTION II
129
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Geographic Information Systems
This map/drawing/image is a graphical
representation of the features
depicted and is not a legal representation.
The accuracy may change
depending on the enlargement or reduction.
Copyright 2022 City of Aspen GIS
0 0.02 0.040.01
mi
When printed at 8.5"x11"
4
Legend
Parcels
Roads Zoomed In
Scale: 1:1,882
520 East Cooper
Avenue Vicinity Map
130
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
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131
127 ASPEN SQUARE LLC
GALVESTON, TX 77554
144B SPANISH GRANT
213 ASPEN SQUARE LLC
BASALT, CO 816218302
841 HILLCREST DR
308 HUNTER LLC
DENVER, CO 80218
490 N WILLIAMS ST
403 SOUTH GALENA LLC
MIAMI, FL 33127
244-250 NW 35TH ST
419 AH LLC
ASPEN, CO 81612
PO BOX 4068
419 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
423 ASPEN SQUARE LLC
AUSTIN, TX 78739
10621 REDMOND RD
434 EAST COOPER AVENUE LLC
ASPEN, CO 81611
516 E HYMAN AVE 2ND FL
447 EAST COOPER AVE HOLDINGS LLC
ASPEN, CO 81611
400 E MAIN ST
450 S GALENA ST INVESTORS LLC
ASPEN, CO 81611
450 S GALENA ST #202
514 AH LLC
ASPEN, CO 81611
514 E HYMAN AVE
516 EAST HYMAN AVENUE LLC
ASPEN, CO 81611
625 E MAIN ST UNIT 102B #401
617 E COOPER 303 ASE LLC
ASPEN, CO 81612
PO BOX 3557
633 SPRING II LLC
ASPEN, CO 81612
PO BOX 8485
ABELMAN JARED
SAINT PETERSBURG, FL 33701
199 DALI BLVD #407
ABRAMSON FAMILY REV TRUST
HEALDSBURG , CA 95448
1083 VINE ST #228
AGM INVESTMENTS LLC
AUSTIN, TX 78704
1511 NICKERSON ST
AGRUSA LISA ANN
ESTERO, FL 33928
4761 W BAY BLVD #1704
AJAX MTN ASSOCIATES LLC
ASPEN, CO 81611
520 E DURANT ST #207
ANDERSON ROBERT M & LOUISE E
ALBUQUERQUE, NM 871234217
1525 CATRON AVE SE
ANDINA SUPER LLC
MANLY NSW AUSTRALIA 1655,
PO BOX 1177
AP RT 29 LLC
ASPEN, CO 81612
PO BOX 8485
AS 134 LLC
SAN FRANCISCO, CA 94147
PO BOX 475027
ASPEN & COMPANY LLC
FISHKILL, NY 12524
4 LAFAYETTE CT
ASPEN CLARKS REAL ESTATE LLC
AUSTIN, TX 78704
1711 S CONGRESS AVE #200
ASPEN CORE CONDO ASSOC
ASPEN, CO 81611
535 E HYMAN AVE
ASPEN GROVE ASSOCIATES LLP
GLENWOOD SPRINGS, CO 81601
51027 HWY 6 &24 #100
ASPEN KOEPPEL LLC
MIAMI, FL 33133
2627 S BAYSHORE DRIVE # 806
ASPEN MUSE PH LLC
HIGHLAND PARK, IL 60035
1850 SECOND ST
ASPEN OFFICE PARTNERSHIP LLC
ASPEN, CO 81611
520 E COOPER AVE #C7
132
ASPEN OFFICE PARTNERSHIP LLC
ASPEN, CO 81611
625 E MAIN ST #102-B-233
ASPEN RETREAT LLC
SCOTTSDALE, AZ 85251
6536 E GAINSBOROUGH
ASPEN SQUARE 103 LLC
BASALT, CO 81621
PO BOX 3695
ASPEN SQUARE 305 LLC
HOUSTON, TX 77007
6018 BLOSSOM ST
ASPEN SQUARE 410 LP
M4T IY7 CANADA,
1407 YONGE ST #200 TORONTO ONTARIO
ASPEN SQUARE CONDO ASSOC BLD A
ASPEN, CO 81611
COMMON AREA
E COOPER AVE
ASPEN SQUARE CONDO ASSOC BLD B
ASPEN, CO 81611
617 E COOPER AVE
ASPEN SQUARE HOLDINGS LLC
MARIETTA, GA 30067
1216 TIMBERLAND DR
ASPEN SQUARE VENTURES LLP
ASPEN, CO 81611
602 E COOPER #202
ASPENHOF CONDO ASSOC
ASPEN, CO 81611
600 E HOPKINS AVE #203
ASPENHOF CONDO ASSOC
ASPEN, CO 81611
520 E COOPER AVE
AV STEIN LLC
ASPEN, CO 81611
601 E HYMAN AVE
AWALL350 LLC
TAMPA, FL 33606
350 BLANCA AVE
BAISCH BARBARA D
LA JOLLA, CA 92038
PO BOX 2127
BARGE RENE TRUST
NEWPORT BEACH, CA 92663
408 31ST ST
BECKER EQUITIES LLC
LAS VEGAS, NV 89130
3065 N RANCHO RD #130
BECKER ERNEST & KATHLEEN TRUST
LAS VEGAS, NV 89130
3065 N RANCHO RD #132
BENNETT MARGARET A REV TRUST
OAK BROOK, IL 60523
55 BAYBROOK LN
BERSCH BLANCHE TRUST
BEVERLY HILLS, CA 90210
9642 YOAKUM DR
BERSCH ELLEN TRUST
BEVERLY HILLS, CA 90210
9642 YOAKUM DR
BLACK HAWK ASPEN LLC
LEICESTERSHIRE LE12 8TF ENGLAND,
ROECLIFFE COTTAGE JOE MOORES LN
WOODHOUSE EAVES
BONCZEK ROBERT R
CHAPEL HILL, NC 275152896
PO BOX 2896
BOWMAN CONDO ASSOC
ASPEN, CO 81611
531 E COOPER AVE
BPOE ASPEN LODGE #224
ASPEN, CO 81611
510 E HYMAN AVE 3RD FL
BPOE CONDO ASSOC
ASPEN, CO 81611
510 E HYMAN AVE THIRD FLOOR
BPS ASPEN HOLDINGS LLC
SEARCY , AR 72145
PO BOX 1009
BRAJOVIC MILOS & KATHRYN
ASPEN, CO 81611
404 S GALENA ST #206
BROWNS FAMILY HOLDINGS LLC
SCOTTSDALE, AZ 85250
7500 E MCDONALD DR #100A
CALDWELL EDWARD B
NASHVILLE, TN 37215
4216 WALLACE LN
CALDWELL EDWARD BARRICK
NASHVILLE, TN 37215
4216 WALLACE LN
133
CALDWELL PAIGE T
NASHVILLE, TN 37215
4216 WALLACE LN
CALGI RAYMOND D
SCARSDALE, NY 10583
134 TEWKESBURY RD
CARAS STACY LIV TRUST
PALOS VERDES PENINSULA, CA 90274
PO BOX 266
CAVES KAREN W
NEWPORT BEACH, CA 92660
1 BARRENGER CT
CLIFFORD MRS MARGARET JOAN
BOULDER, CO 80302
146 WILD TIGER RD
CMMM INVESTMENTS LLC
METAIRIE, LA 70001
4937 HEARST ST #B
COBLE JANE H
NASHVILLE, TN 37218
5033 OLD HICKORY BLVD
CONERLY WILLIAM B & ULLA CHRISTINA WEST JT TRUST
LAKE OSWEGO, OR 97034
3042 TOLKIEN LN
COOPER STREET CONDO ASSOC
ASPEN, CO 81611
508 E COOPER AVE
COOPER STREET DEVELOPMENT LLC
ASPEN, CO 81612
PO BOX 8485
COTTONWOOD VENTURES I LLC
ASPEN, CO 81611
419 E HYMAN AVE
COTTONWOOD VENTURES II LLC
DALLAS, TX 75367
PO BOX 670709
COX ANTHONY E LIVING TRUST
CAPITOLA, CA 95010
1260 41ST AVE #O
DALY CAROL Y REV TRUST
ASPEN, CO 81611
617 E COOPER
DCGB LLC
NEW YORK, NY 10019
610 WEST 52 ST
DPG INVESTMENT PROPERTIES LLC
ASPEN, CO 81611
120 E HYMAN AVE
DURANT AH LLC
ASPEN, CO 81612
PO BOX 4068
DURANT GALENA CONDOS
ASPEN, CO 81611
COMMON AREA
500 E DURANT AVE
ECCHYMOSIS LLC
LONG BEACH, CA 90803
4802 E 2ND ST # 2
ELLERON CHEMICALS CORP
BANNOCKBURN, IL 60015
2101 WAUKEGAN RD #210
ESPOSITO FAMILY TRUST
RANCHO PALOS VERDES, CA 90275
6276 VIA CANADA
FITZ SSM 520 LLC
CARBONDALE, CO 81623
333 LIONS RIDGE RD
FORD ANN MICHIE
ASPEN, CO 816111820
404 S GALENA ST
FORD MICHIE
ASPEN, CO 81611
404 S GALENA ST
FRANZ NORBERT ALEXANDER
FRANKFURT 60313 GERMANY ,
KAISERHOFSTR 15
FUNHOUSE PROPERTIES LLC
FRANKLIN, MI 48025
26480 NORMANDY RD
GALENA COOPER LLC
ASPEN, CO 81612
PO BOX 8485
GELD LLC
ASPEN, CO 81612-1247
PO BOX 1247
GERARDOT J REVOCABLE TRUST
FORT WAYNE, IN 46804
5526 HOPKINTON DR
GILBERT GARY G TRUST
GLENDALE, CA 912071261
1556 ROYAL BLVD
134
GLUCK SANFORD & CAROLE E ASP TRST
NEW YORK, NY 10021
176 E 71ST ST
GLUKI LLC
BASALT, CO 81621
PO BOX 127
GONE WEST LLC
LITTLE ROCK, AR 72221
PO BOX 22297
GOODMAN BARRY M REV TRUST
WASHINGTON, DC 20016
4101 ALBEMARLE ST NW #612
GOODMAN WILMA J COLINO REV TRUST
WASHINGTON, DC 20016
4101 ALBEMARLE ST NW #612
HUNKE CARLTON J LVG TRST
MINNEAPOLIS, MN 55401
408 N 1ST ST #507
HUNTER PLAZA ASSOC LLP
ASPEN, CO 81611
602 E COOPER #202
HURWIN DUFFY & RON REV TRUST
TIBURON, CA 94920
558 TENAYA DR
IM & AY LLC
DALLAS, TX 75252
17774 PRESTON RD
IM & AY LLC
TYLER, TX 75703
100 INDEPENDENCE PL #400
INDEPENDENCE BUILDING CONDO ASSOC
ASPEN, CO 81611
404 S GALENA ST
INDEPENDENCE PARTNERS
ASPEN, CO 81611
602 E COOPER AVE #202
JB SMV LLC
ESCONDIDO, CA 92030
PO BOX 300792
JENNE LLP
AUSTIN, TX 78703
1510 WINDSOR RD
JONA HOLDINGS INC
TORONTO ONTARIO CANADA M5K1H6,
PO BOX 163, 66 WELLINGTON ST W #4400
JONA HOLDINGS INC
TORONTO ONTARIO M5H 3Y2,
PO BOX 110
SCOTIA PL 40 KING ST #3700
K L 77 CO INVESTMENTS LP
HOUSTON, TX 77008
1235 NORTH LOOP W #205
K&W PROPERTIES INC
NEW SMYRNA BEACH, FL 32168
728 CANAL ST
KOEPPEL KEVIN F
MIAMI, FL 33133
2627 S BAYSHORE DRIVE # 806
KRESS EXCHANGE LLC
DALLAS, TX 75201
1845 WOODALL RODGER FRWY #1100
KUTINSKY BRIAN A TRUST
FRANKLIN, MI 48025
26480 NORMANDY RD
LACY LESLIE W
BOULDER, CO 80302
485 ARAPAHOE AVE
MAIERSPERGER RENELL
ASPEN, CO 81611
404 S GALENA
MARCUS DURANT GALENA LLC
ASPEN, CO 81612
PO BOX 1709
MAYFAIR INVESTMENTS LLC
AUSTRALIA ,
PO BOX 268
RICHMOND VICTORIA 3121
MEYER CONDO ASSOC
ASPEN, CO 81611
403 S GALENA
MJB MOUNTAIN PROPERTIES LLC
GRAND RAPIDS, MI 49544
2345 WALKER AVE
MJM AMENDED & RESTATED TRUST
NORTHBROOK , IL 60062
1776 SOUTH LANE
MJM HOLDINGS II LLC
NORTHBROOK, IL 60062-5514
1776 SOUTH LN
MOCKINGBIRD INTERESTS ASPEN LLC
DALLAS, TX 75205
47 HIGHLAND PARK VILLAGE #208
135
MOODY JANICE
SANTA FE, NM 87501
834 CAMINO DEL ESTE
MOUNTAIN C I HOLDINGS LTD
ANCASTER ONTARIO CANADA L9G 4V5,
4-1480 SANDHILL DR
MP INDEPENDENCE ASPEN LLC
KANSAS CITY, MO 64108
1908 MAIN ST
MUSE CONDO ASSOC
ASPEN, CO 81611
625 E HYMAN AVE
N S N ASSOCIATES INC
FRANKLIN PARK, IL 60131
11051 W ADDISON ST
NEPSA INVESTMENT GROUP PTY LTD
MELBOURNE VICTORIA AUSTRALIA 3000,
185 SPRING ST
NEUMANN MICHAEL D TRUST
FRANKLIN, MI 48025
26480 NORMANDY RD
NEUMAYER CHARLES & DEBORAH
TWIN LAKES , WI 53181
1701 MOUNT MORIAH DR
NJ STEIN LLC
ASPEN, CO 81612
PO BOX 8485
NZC CO LLC
DARIEN, CT 06820
865 HOLLOW TREE CT
ORG PROPERTIES LLC
ASPEN, CO 81611
205 S MILL ST #301A
PARAGON BUILDING CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
419 E HYMAN AVE
PARAGON PENTHOUSE LLC
BEVERLY HILLS, CA 90212
9950 SANTA MONICA BLVD
PERIN EMERSON C & JACQUELINE
HOUSTON, TX 77098
3210 VIRGINIA ST
PITKIN CENTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
E HYMAN AVE
PITKIN CENTER CONDO OWNERS ASSOC
ASPEN, CO 81611
517 W NORTH ST
PITKIN COUNTY BANK
LEXINGTON , KY 40555
PO BOX 54288
PLATINUM GLOBAL VENTURES LLC
CHAPEL HILL, NC 27515
PO BOX 2896
PORTE BROOKE
WESTON, FL 33331
3520 PADDOCK RD
PROVINE CATHERINE ANNE
WASHINGTON, DC 200073131
2902 O ST NW
QUALITY HOUSING GROUP I LLC
BETHESDA, MD 20814
7735 OLD GEORGETOWN RD #301
QUICK MART LLC
SNOWMASS VILLAGE, CO 81615
PO BOX 6832
R & R INVESTMENTS
RAMONA, CA 92065
15238 OAK VALLEY RD
RAHLEK LTD AT BANK OF AMERICA
HOUSTON, TX 77056
PO BOX 460329
RANKMORE KEVIN L & JASMINE
WELLINGTON NSW 2820 AUSTRALIA,
PO BOX 168
RED FLOWER PROP CO PTNSHP
NEW YORK, NY 100235834
155 W 68TH ST #22CD
REVOLUTION PARTNERS LLC
ASPEN, CO 81612
PO BOX 1247
RG COOPER ST
ASPEN, CO 81611
601 E HYMAN AVE
RHOADES CHRISTINE A LYON LIV TRUST
LAGUNA BEACH, CA 92651
644 GRIFFITH WY
ROGENESS FAMILY TRUST
SAN ANTONIO, TX 78230
3046 COLONY DR
136
ROSS BARBARA REV TRUST
KILAUEA, HI 96754
4720 WAILAPA RD
ROSS JOHN F
BOULDER, CO 80302
5097 FLAGSTAFF RD
ROSS ROGER A REV TRUST
KILAUEA, HI 96754
4720 WAILAPA RD
RRN INDUSTRIES LLC
AUSTIN, TX 78746
123 BIRNAM WOOD CT
RUTLEDGE REYNIE
SEARCY, AR 72145
PO BOX 1009
SAGE STONE PROPERTIES LLC
SAN ANTONIO, TX 78230
12727 CRANES MILL
SALT PARKS WEST LLC
SARATOGA SPRINGS , NY 12866
268 BROADWAY STE 101B
SAN ANTONIO SAGE STONE PROP LLC
SAN ANTONIO, TX 78230
12727 CRANES MILL
SANDIFER C W JR TRUST
BOULDER, CO 80304
240 LINDEN DR
SANDIFER DICKSIE L TRUST
BOULDER, CO 80304
240 LINDEN DR
SCHROEDER FAMILY TRUST
ORINDA, CA 94563
4 GREENWOOD CT
SCHROEDER FAMILY TRUST
ORINDA, CA 94563
4 GREENWOOD CT
SCHULTZE DANIEL G
ASPEN, CO 81611
404 S GALENA ST #210
SCHWARTZ C BETH TRUST
INDIAN WELLS, CA 92210
78145 MONTE SERENO CIR
SEELIG-BROWN BARBARA
HIGHLAND BEACH, FL 33487
4605 S OCEAN BLVD #8D
SEGUIN JEFF W & MADALYN B TRUST
ASPEN, CO 81611
617 E COOPER #412
SEGUIN WILLIAM L & MARILYN A
ASPEN, CO 81611
1001 E COOPER #7
SEVEN CONTINENTS LLC
GLENCOE, IL 60022
521 LONGWOOD AVE
SHOCKLEY-ZALABAK PAMELA
COLORADO SPRINGS, CO 80903
34 W MONUMENT #203
SINGER ALAN & BETH L BRONNER
CHICAGO, IL 60610
1246 N STATE PKWY
SINGLE ASSET LLC
RANCHO SANTA FE, CA 92067
PO BOX 735
STEIN BUILDING LLC
ASPEN, CO 81612
PO BOX 8485
STEPHENS ROSS DAVID
ASPEN , CO 81611
730 E DURANT AVE
STRUEVER HANNA R TRUST
NEWPORT BEACH, CA 92660
2130 YACHT JULIA
TELLURIDE PARTNERS LLC
TELLURIDE, CO 81435
PO BOX 859
TENNESSEE THREE
NASHVILLE, TN 37202
PO BOX 24382
TERMINELLO DENNIS J & KERRY L
WHITE PLAINS, NY 106054323
656 RIDGEWAY
TEXAS PENTHOUSE LLC
PLANO, TX 75093
2204 BRADBURY CT
THOR 534 EAST COOPER AVENUE LLC
NEW YORK, NY 10018-4074
25 W 39TH ST # 11
UNCAPHER BILL
LA JOLLA, CA 92038
PO BOX 2127
137
UNCAPHER BILL TRUST
LA JOLLA, CA 92038
PO BOX 2127
V M W TRUST OF 1991
SIERRA MADRE, CA 91024
80 W SIERRA MADRE BLVD #390
VARADY LOTHAR & CHERYL TRUST
HONOLULU, HI 96816
5036 MAUNALANI CIR
VARADY LOTHAR M & CHERYL G TRUST
HONOLULU, HI 96816
5036 MAUNALANI CIR
VAUSE FAMILY TRUST
LAS VEGAS, NV 89102
3020 PLAZA DE MONTE
VICTORIAN SQUARE CONDO ASSOC
ASPEN, CO 81611
601 E HYMAN AVE
VICTORIAN SQUARE LLC
ASPEN, CO 81612
PO BOX 8485
WALLING REBECCA
TAMPA, FL 33606
350 BLANCA AVE
WEIGAND 122 LLC
WICHITA, KS 67202
150 N MARKET
WEIGAND BROTHERS LLC
WICHITA, KS 67202
150 N MARKET
WEIGAND JOHNATHAN R TRUST
WICHITA, KS 67202
150 N MARKET ST
WELLS RICHARD A & SUSAN T TRUST
CHARLOTTE, NC 28202
100 N TRYON ST 47TH FLR
WELSCH SUSAN FLEET REV TRUST
BOZEMAN, MT 597185950
47 VOLANS CT
WELSCH SUSAN FLEET TRUST
ASPEN, CO 81611
101 N SPRING ST #201
WJM508 LLC
NEW YORK, NY 10022
126 E 56TH ST 28TH FL
WOLF LAURENCE G CAPITAL MGT TRUST
FERNDALE, MI 48220
22750 WOODWARD AVE # 204
138
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GDYHN75°09'11"W 112.19'BASIS OF BESARINGSN14°50'49"E 100.00'
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'3' WITNESS CORNERFOUND NAIL & 1-1/2"ALUMINUM TAG LS28643S75°09'11"E 112.19'3' WITNESS CORNERFOUND NAIL & 1-1/2"ALUMINUM TAG LS28643N75°09'11"W 37.93'FOUND 1" BRASS PLUGLS28643ELEVATION: 7926.66CONC
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9.0'CONCRETE SIDEWALKPAVED ROADWAY(73.70' PUBLIC RIGHT-OF-WAY)ALLEY - BLOCK 95PAVED ALLEYWAYLOT OLOT QE. COOPER AVENUELOT RLOT NTRASHCOMPACTORLOT P2.2'± BETWEENBUILDINGSLOT MSTAIRWELL& ELEVATOR(G.C.E.)FOUR - STORYBRICK BUILDINGLANDSCAPEPLANTER(G.C.E.)FOUR - STORYSTUCCO & BRICKBUILDING520 E. COOPER AVENUEDN STEPSTILED WALKWAYS(G.C.E.)STEPSSTEPS TOLOWER LEVEL(G.C.E.)UNIT SP-1855 SQ.FT.COVERED PARKING AREAOWNED BY COOPERSTREET DEVELOPMENTRECEPTION NO. 608230RECIPROCAL EASEMENTRECEPTION 613484(CROSS HATCHED AREA)17.58'46.72'48.63'RECIPROCAL EASEMENTRECEPTION 613484(CROSS HATCHED AREA)UNIT SP-2822 SQ.FT.COVERED PARKING AREAOWNED BY COOPERSTREET DEVELOPMENTRECEPTION NO. 60823017.58'OWNERCOOPER STREETCONDOMINIUMSFIRE L
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(G.C.E.
)LIGHT POLEPARKING SIGNTELEPHONE PEDESTALDYHFIRE HYDRANTELECTRICAL TRANSFORMERGAS METERELECTRICAL METERGLEGENDESURVEYOR'S CERTIFICATIONTHE EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS O AND P AND WESTERLY 28.25 FEET OF LOT Q, BLOCK 95SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PMCITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNSURVEYEDSHEET1 OF 5TRUENORTHA LAND SURVEYING AND MAPPING COMPANY10'5'20'SCALE: 1" = 10'NFURNISHED PROPERTY DESCRIPTION:THE EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS O AND P AND THE WESTERLY 28.25 FEET OF LOT Q, BLOCK 95,CITY AND TOWNSITE OF ASPEN, ALSO KNOWN AS ASPENHOF, A CONDOMINIUM ACCORDING TO THECONDOMINIUM MAPS RECORDED IN PLAT BOOK 4 AT PAGE 36, PLAT BOOK 6 AT PAGE 10 AND PLAT BOOK 105 ATPAGE 87, HEREBY CERTIFY THAT THIS THIRD AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM HASBY THESE PRESENTS LAID OUT, PLATTED AND DESCRIBED THE SAME INTO CONDOMINIUM UNITS AND COMMONELEMENTS AS SHOWN HEREON AND DESCRIBED IN THE AMENDED AND RESTATED DECLARATION RECORDEDAUGUST 31, 2020 AS RECEPTION NO. 667566.CITY OF ASPENCOUNTY OF PITKINSTATE OF COLORADO0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.PROJECT NO: 2021-463DATE: July 6, 2022RPKGBL-DJB-RPKNOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N75°09'11"W BETWEEN A FOUND NAIL & 2"ALUMINUM TAG HCE LS23875 AND A FOUND 1" BRASS PLUG LS28643 AS SHOWN HEREON.2. DATE OF FIELD SURVEY: FEBRUARY 21-22, 2022.3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4. THIS IMPROVEMENT SURVEY PLAT OF ASPENHOF, A CONDOMINIUM IS BASED ON CONDOMINIUMMAPS RECORDED IN PLAT BOOK 4 AT PAGE 36, PLAT BOOK 6 AT PAGE 10 AND PLAT BOOK 105 ATPAGE 87 AND SURVEY OF THE PROPERTY PREPARED BY SOPRIS ENGINEERING JANUARY OF 2013.5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OFRECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPAREDBY ASPEN TITLE & ESCROW. LLC, EFFECTIVE DATE: JUNE 2, 2022.6. LIMITED COMMON ELEMENT (L.C.E.) - GENERAL COMMON ELEMENT (G.C.E.).VICINITY MAPSITECITYOFASPENNASPENHOF, A CONDOMINIUMIMPROVEMENT SURVEY PLATSTORM DRAIN139
1
ASPENHOF BUILDING 520 EAST COOPER | ASPEN CO
ASPENHOF BUILDING 520 EAST COOPER | ASPEN CO
140
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
1.1
SITE PLAN | EXISITNG
Sheet No.GGDYH
N75°0
9
'
1
1
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1
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1
9
'
BASIS
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36.8'
9.7'
17.8'57.6'PARTY WALL WITH ADJOINING BUILDING57.0'72.1'14.6'82.1'22.3'0.4'9.4'24.5'0.5'28.5'
35.6'
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STEPS
STEPS
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UNIT
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855 S
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(CROS
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A
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A
)17.58'46.72'
48.63'
RECIP
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UNIT
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Q
.
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RCOOP
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S
T
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E
T
COND
O
M
I
N
I
U
M
S FIRE LANE ACCESSTILED WALKWAY(G.C.E.)(G.C.E.)OWNE
RTHOR
5
3
4
E
A
S
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AVEN
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S
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LOWER LEVELCOURT YARD(G.C.E.)LIGHT POLE
PARKING SIGN
ORF
R
EV I E W
TELEPHONE PEDESTAL
DYH FIRE HYDRANT
ELECTRICAL TRANSFORMER
GAS METER
ELECTRICAL METER
G
LEGEND
E
THE EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS O AND P AND WESTERLY 28.25 FEET OF LOT Q, BLOCK 95
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
DRAWN
SURVEYED
SHEET
1 OF 5
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
10'5'20'
SCALE: 1" = 10'
N
0
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
PROJECT NO: 2021-463
DATE: March 11, 2022
RPK
GBL-DJB-RPK
CLERK & RECORDER CERTIFICATE
THIS THIRD AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM HAS BEEN ACCEPTED FOR FILING IN
THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON THIS ________ DAY OF
______________________, 2022, IN PLAT BOOK ________ AT PAGE ___________ AS RECEPTION NO. ______________________.
________________________________________________________
PITKIN COUNTY CLERK AND RECORDER
NOTES:
1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N75°09'11"W BETWEEN A FOUND NAIL
& 2" ALUMINUM TAG HCE LS23875 AND A FOUND 1" BRASS PLUG LS28643 AS SHOWN HEREON.
2. DATE OF FIELD SURVEY: FEBRUARY 21-22, 2022. DATE OF INTERIOR AS-BUILT MEASUREMENTS:
FEBRUARY 23, 2022.
3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.
4. THIS THIRD AMENDED PLAT OF ASPENHOF, A CONDOMINIUM IS BASED ON CONDOMINIUM
MAPS RECORDED IN PLAT BOOK 4 AT PAGE 36, PLAT BOOK 6 AT PAGE 10 AND PLAT BOOK 105
AT PAGE 87 AND SURVEY OF THE PROPERTY PREPARED BY SOPRIS ENGINEERING JANUARY OF
2013.
5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF
RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT
PREPARED BY ___________________________DATED :_______________________________________________________
6. LIMITED COMMON ELEMENT (L.C.E.) - GENERAL COMMON ELEMENT (G.C.E.).
7. THIS THIRD AMENDED PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE
ADMINISTRATIVE DECISION RECORDED IN THE PITKIN COUNTY CLERK & RECORDER’S OFFICE AS
RECEPTION NO. _____________________________.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS THIRD AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM HAS BEEN REVIEWED AND
APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE
CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS _____DAY OF _______________________, 2022. TO THE
EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN
DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW,
INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH
OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL.
BY: ____________________________________________________________________________
PHILLIP SUPINO-COMMUNITY DEVELOPMENT DIRECTOR
TITLE CERTIFICATE
I, ________________________________________, AN AGENT AUTHORIZED OF _____________________________
DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT
TITLE TO SUCH LANDS IS VESTED IN ASPENHOF CONDOMINIUM ASSOCIATION IS FREE AND CLEAR OF ALL
LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS,
CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS
SHOWN IN THE TITLE COMMITMENT NO. ______________________ HAVING AN EFFECTIVE DATE OF
__________________________________.
DATED THIS_________DAY OF___________________________, A.D. 2022.
TITLE COMPANY NAME
___________________________________________________________
AUTHORIZED AGENT
SURVEYOR 'S CERTIFICATE
I, RODNEY P. KISER, REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS THIRD
AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM, THAT THE LOCATION OF THE OUTSIDE
BOUNDARIES, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY
SHOWN HEREON AND ARE BASED ON A FIELD SURVEY PERFORMED UNDER MY SUPERVISION, THAT THE
LOCATION OF THE UNIT BOUNDARIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN
HEREON AND ARE BASED ON AS-BUILT SURVEY MEASUREMENTS OF THE SUBJECT UNITS. THIS CONDOMINIUM
MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. §38-33.3-209.
IN WITNESS THEREOF, I HAVE SET MY HAND AND SEAL THIS ________ DAY OF _________________, 2022.
RODNEY P. KISER, PLS NO. 38215
COLORADO PROFESSIONAL LAND SURVEYOR
CITY OF ASPEN ENGINEER'S REVIEW AND APPROVAL
THIS THIRD AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM WAS REVIEWED FOR THE DEPICTION
OF THE ENGINEERING SURVEY REQUIREMENTS AND APPROVED BY THE CITY OF ASPEN ENGINEER.
THIS __________ DAY OF _____________________, 2022
BY:________________________________________________________________________
TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER
OWNER 'S ACKNOWLEDGEMENT
KNOW ALL MEN BY THESE PRESENTS, THAT ASPENOF CONDOMINIUM ASSOCIATION BEING THE OWNERS IN FEE
SIMPLE OF
THE EASTERLY 23.75 FEET OF LOT N, ALL OF LOTS O AND P AND THE WESTERLY 28.25 FEET OF LOT Q, BLOCK 95,
CITY AND TOWNSITE OF ASPEN, ALSO KNOWN AS ASPENHOF, A CONDOMINIUM ACCORDING TO THE
CONDOMINIUM MAPS RECORDED IN PLAT BOOK 4 AT PAGE 36, PLAT BOOK 6 AT PAGE 10 AND PLAT BOOK 105 AT
PAGE 87, HEREBY CERTIFY THAT THIS THIRD AMENDED CONDOMINIUM MAP OF ASPENHOF, A CONDOMINIUM HAS
BY THESE PRESENTS LAID OUT, PLATTED AND DESCRIBED THE SAME INTO CONDOMINIUM UNITS AND COMMON
ELEMENTS AS SHOWN HEREON AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE 208 E. MAIN
STREET CONDOMINIUMS RECORDED_____________________________, 2022 AS RECEPTION NO. _____________________
OWNER:
ASPENHOF CONDOMINIUM ASSOCIATION
520 E COOPER AVENUE
ASPEN, CO 81611
BY:________________________________________________________________
MANAGING MEMBER
STATE OF COLORADO )
)ss
COUNTY OF PITKIN )
THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY
OF_________________, 2022, BY _____________________________________________ AS MANAGING MEMBER.
WITNESS MY HAND AND SEAL
___________________________________________________
NOTARY PUBLIC
VICINITY MAP
SITE
CITY
OF
ASPEN
N
ASPENHOF, A CONDOMINIUMTHIRD AMENDED CONDOMINIUM MAP
STORM DRAIN
141
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purposewhatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
1.2
SITE PLAN | PROPOSED
Sheet No.
N
FIRST FLOOR
UP
STAIRSELEVATORSTAIRWELL(G.C.E.)LANDSCAPE PLANTER
(G.C.E.)
UP
STAIRWELL
(G.C.E)CONCRETE RAMP(G.C.E.)LANDSCAPE
PLANTER
(G.C.E.)
OPEN COURT
AREA
BELOW
(L.C.E.)
COMMERCIAL
UP
DN
UP
UNIT SP-1
855 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENT
RECIPROCAL EASEMENT
RECEPTION 613484
(CROSS HATCHED AREAS)
UNIT SP-2
822 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENT
RAMP DOWN TO GARAGE(G.C.E.)FIRE LANEBRICK STEMS
WALLS (G.C.E.)
UNIT C-2
COMMERCIAL
2955± S.F.
UNIT C-1
COMMERCIAL
1937± S.F.
UNIT C-3
COMMERCIAL
1116± S.F.PLANTER(G.C.E.)CH:10.4'
CH:10.63'
CH:10.0'
WALKWAYS
(G.C.E.)
A
BATH
ROOM
RECESSED
ENTRY
(L.C.E.)
COMMERCIAL 18'-0"1'-0"48.3'
12.1'1.08'3.85'33.0'27.5'
18.4'
7.92'4.2'9.9'
7.8'
7.0'
35.5'55.5'2.75'2.6'30.7'
4.8'5.5'1.0''14.7'14.7'5.1'PROPERTY LINEPROPERTY LINEPROPERTY LINE
PROPERTY LINE
SCALE: 1/8" = 1'-0"
SITE PLAN | PROPOSED
0 4'8'16'
142
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
2.1
BASEMENT FLOOR PLAN
Sheet No.
UNIT 202
ADJOINING
COOPER STREET
CONDOMINIUMS
BASEMENT
MECHANICAL
LEASED
STORAGE
(L.C.E.)STORAGEUNIT P-10
165 S.F.
UNIT P-9
165 S.F.
UNIT P-8
142 S.F.
UNIT P-7
144 S.F.
UNIT P-6
144 S.F.
UNIT P-5
144 S.F.
UNIT P-4
161 S.F.
UNIT P-3
522 S.F.
UNIT P-2
142 S.F.
UNIT P-1
186 S.F. STORAGESTORAGEPARKING GARAGE &
STORAGE AREAS
(L.C.E.- RESIDENTIAL)
ENCLOSED
GARAGE STORAGERAMP UP TO ALLEY(G.C.E.)GARAGE
DOOR
MECHANICAL AREA
270 S.F.
(G.C.E.)
UNIT RB-1
COMMERCIAL
3574± S.F.
AREA
UNDER
CONSTRUCTIONRESTROOM RESTROOMSILVER PEAK
DISPENSARY
520 GRILL
OPEN
COURT
AREA
UP
STAIRS(G.C.E.)(L.C.E.)BOILER ROOM
260 S.F.ELEVATORMECHANICALELEVATORHALLWAY
STAIRWELL(G.C.E)UP
(G.C.E.)
STORAGE
UP
(G.C.E.)
A
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
20.14'13.45'38'-11"'98.0'7'-43/4"'17'-10"'7'-31/2"'8'-83/4"'12'-9"'2'-2"'20.0'59'-53/4"'8'-63/4"'
29'-51/2"'8'-10"'43.5'
47.5'98.0'59.4'
SCALE: 3/16" = 1'-0"-1 BASEMENT/GARAGE LEVEL
0 4'8'12'
143
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
2.2
FIRST LEVEL FLOOR PLAN
Sheet No.
FIRST FLOOR
UP
STAIRSELEVATORSTAIRWELL(G.C.E.)LANDSCAPE PLANTER
(G.C.E.)
UP
STAIRWELL
(G.C.E)CONCRETE RAMP(G.C.E.)LANDSCAPE
PLANTER
(G.C.E.)
OPEN COURT
AREA
BELOW
(L.C.E.)
COMMERCIAL
UP
DN
UP
UNIT SP-1
855 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENT
RECIPROCAL EASEMENT
RECEPTION 613484
(CROSS HATCHED AREAS)
UNIT SP-2
822 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENTRAMP DOWN TO GARAGE(G.C.E.)FIRE LANEBRICK STEMS
WALLS (G.C.E.)
UNIT C-2
COMMERCIAL
2955± S.F.
UNIT C-1
COMMERCIAL
1937± S.F.
UNIT C-3
COMMERCIAL
1116± S.F.PLANTER(G.C.E.)CH:10.4'
CH:10.63'
CH:10.0'
WALKWAYS
(G.C.E.)
A
BATH
ROOM
RECESSED
ENTRY
(L.C.E.)
COMMERCIAL
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
8"18'-8"5'-3"8'-3"12'-4"3'-10"12'-0"5'-41/2"7'-113/4"11'-1"15'-11"8'-0"8"100'-0"18'-0"4'-41/4"6'-31/2"3'-0"5'-01/4"6'-81/4"7'-31/2"14'-51/4"4'-63/4"8'-31/4"10'-83/4"19'-0"10'-41/4"108'-8"
1'-53/4"2'-4"7'-91/2"2'-31/2"1'-0"48.3'
12.1'1.08'3.85'33.0'27.5'
18.4'
7.92'4.2'9.9'
7.8'
7.0'
35.5'55.5'2.75'2.6'30.7'
4.8'5.5'1.0''14.7'14.7'5.1'
SCALE: 3/16" = 1'-0"1 GROUND FLOOR EXISTING PLAN
0 4'8'12'
144
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
2.3
SECOND LEVEL FLOOR
PLAN
Sheet No.RECIPROCAL EASEMENTRECEPTION 613484(CROSS HATCHED AREA)ELEVATORSTAIRWELL(G.C.E.)UP
DN
DN
UPDN
UNIT C-4
COMMERCIAL
795± S.F.UNIT C-6
COMMERCIAL
1025± S.F.
UP
UNIT C-8
COMMERCIAL
535± S.F.
UNIT C-7
COMMERCIAL
3707± S.F.
CH:8.08'
UNIT C-9
COMMERCIAL
350± S.F.
CH:7.94'
CH:8.08'
CH:7.92'
CH:7.90'
UNIT C-5
COMMERCIAL
871± S.F.
CH:7.90'
HALLWAY
BALCONY & WALKWAY(G.C.E.)MENS BATHROOM(L.C.E)(G.C.E.)LAUNDRY
FACILITIES
(L.C.E.)
RESIDENTIAL HALLWAYWOMENS BATHROOM(L.C.E)BALCONY & WALKWAY
A
(G.C.E.)
OFFICE
SPACE
STORAGE
STORAGE
STAIRWELL
(G.C.E.)
(G.C.E.)
(G.C.E.)
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
4'-41/4"6'-31/2"8'-01/4"6'-81/4"21'-83/4"12'-10"29'-83/4"10'-41/4"57'-61/2"'19'-10"'17'-73/4"'18'-5"'2'-11/2"'9'-71/4"'13'-93/4"'11'-63/4"'4'-41/4"'22'-11"'23'-4"'
22'-9"'11'-01/2"'9'-4"'21'-21/4"'13'-5"'32'-21/2"'18'-2"'95'-13/4"28'-61/2"'35'-11"'23'-9"'34.1'2.75'2.4'23'-51/2"'35.4'13.4'3.9'10.0'39.3'5'-10"'4'-10"'5'-9"
13'-43/4"'11'-13/4"'14'-101/2"'6'-4"'6'-4"'6'-01/2"'5'-11"'11'-23/4"'111/2"'SCALE: 3/16" = 1'-0"2 SECOND FLOOR
0 4'8'12'
145
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
2.4
THIRD LEVEL FLOOR PLAN
Sheet No.ELEVATORSTAIRWELL(G.C.E.)STAIRWELL
(G.C.E.)
UP
DN
UPDN
DN
UP TO
UNIT 406
(L.C.E.)
UP TO
UNIT 402
UNIT 403
(L.C.E.)
UP
CH:7.50'
CH:16.65'
UP
CH:16.70'
CH:7.50'
UP
CH:7.45'
CH:16.65'
A
CH:7.50'CH:7.45'CH:7.45'
UNIT 301 UNIT 302 UNIT 303 UNIT 304 UNIT 305 UNIT 306
818± S.F.1167± S.F.1167± S.F.830± S.F.830± S.F.1124± S.F.
OPEN BALCONY L.C.E. FOR UNITS ON THIRD & FOURTH FLOOR
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN BALCONY L.C.E. FOR UNITS ON THIRD & FOURTH FLOOR
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
(L.C.E.)
RESIDENTIAL
DNDN
DN1234567UPCustom Text
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K64.0'11'-6"'22'-21/2"'22.2''11'-81/2"'11'-81/2"'20.2''
3.5'10.2'12'-1"'13.6'3.9'3.9'42'-91/2"9'-31/2"'1'-61/4"'21'-21/2"29.2'54.7'3.9'13.6'12.08'
3.9'42.8'15'-41/4"'15.55'15.5'15.55'15.6'12.7'
2.75'2'-8"'50.4'12.2'13.6'29.2'64.0'3.8'3'-111/2"'3.8'21.2'6.4'3.5'3.6'10.1'3.9'21.2'NEW FLUE ROUTING
1
4.1
SCALE: 3/16" = 1'-0"3 THIRD FLOOR
0 4'8'12'
146
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
2.5
FOURTH LEVEL FLOOR
PLAN
Sheet No.
DN
DN
FOURTH FLOOR
DN
DN
A
DN DNDN
UNIT 406UNIT 402 UNIT 403OPEN TO
LIVING ROOM
BELOW
(UNIT 301)
(2ND STORY)
OPEN TO
LIVING ROOM
BELOW
(UNIT 304)
(2ND STORY)
OPEN TO
LIVING ROOM
BELOW
(UNIT 305)
(2ND STORY)
BALCONY
UNIT 402
(L.C.E.)
BALCONY
UNITS 402 & 403
(L.C.E.)
BALCONY
UNIT 406
(L.C.E.)
CH:7.55'
CH:7.50'
CH:7.50'
CH:7.55'
CH:7.50'
UNIT 301
540± S.F.
1244± S.F.1242± S.F.
UNIT 304
546± S.F.
UNIT 305
547± S.F.
1237± S.F.
CH:7.55'
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
STAIRWELL(G.C.E.)STAIRWELL
(G.C.E.)
STAIRWELL
UNIT 402
UNIT 403
(L.C.E.)
STAIRWELL
UNIT 406
(L.C.E.)
ELEVATORDNDN1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
23'-11"20'-7"3'-10"12'-0"5'-41/2"7'-113/4"11'-1"15'-11"8'-0"
45'-2"21'-21/2"7'-113/4"27'-0"
81/4"18'-8"5'-3"8'-3"12'-4"3'-10"12'-0"5'-41/4"7'-111/2"11'-1"15'-11"8'-0"8"9'-51/4"5'-81/2"108'-8"41.5'12.6'7.85'7.15'8.0'7.1'8.05'7.1'41.5'41.5'11.5'22.2'22.18'11.70'11.65'23.65'
6.65'
1.9'48.20'13.6'11.7'11.6'64.0'12.08'12.08'13.6'8.3'8.2'29.2'12.2'13.6'8.3'21.2'21.2'21.2'19.9'19.8'
11.3'
8.5'29.2'60.6'11.35'6.85'14.7'6.6'6.0'21.0'
NEW FLUE ROUTING
1
4.1
SCALE: 3/16" = 1'-0"4 FOURTH FLOOR
0 4'8'12'
147
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
3.1
BASEMENT FLOOR PLAN
Sheet No.
UNIT 202
ADJOINING
COOPER STREET
CONDOMINIUMS
BASEMENT
MECHANICAL
LEASED
STORAGE
(L.C.E.)STORAGEUNIT P-10
165 S.F.
UNIT P-9
165 S.F.
UNIT P-8
142 S.F.
UNIT P-7
144 S.F.
UNIT P-6
144 S.F.
UNIT P-5
144 S.F.
UNIT P-4
161 S.F.
UNIT P-3
522 S.F.
UNIT P-2
142 S.F.
UNIT P-1
186 S.F. STORAGESTORAGEPARKING GARAGE &
STORAGE AREAS
(L.C.E.- RESIDENTIAL)
ENCLOSED
GARAGE STORAGERAMP UP TO ALLEY(G.C.E.)GARAGE
DOOR
MECHANICAL AREA
270 S.F.
(G.C.E.)
UNIT RB-1
COMMERCIAL
3574± S.F.
AREA
UNDER
CONSTRUCTIONRESTROOM RESTROOMSILVER PEAK
DISPENSARY
520 GRILL
OPEN
COURT
AREA
UP
STAIRS(G.C.E.)(L.C.E.)BOILER ROOM
260 S.F.ELEVATORMECHANICALELEVATORHALLWAY
STAIRWELL(G.C.E)UP
(G.C.E.)
STORAGE
BASEMENT LEVEL - PARKING GARAGE
UP
(G.C.E.)
A
123456UPCustom Text
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
8"18'-8"5'-3"8'-3"12'-4"3'-10"12'-0"5'-41/4"7'-113/4"11'-1"15'-11"8'-0"8"4'-41/4"6'-31/2"8'-01/4"6'-81/4"21'-83/4"4'-63/4"8'-31/4"10'-83/4"19'-0"10'-41/4"100'-0"4'-41/4"6'-31/2"3'-0"5'-01/4"6'-81/4"7'-31/2"14'-51/4"4'-63/4"8'-31/4"10'-83/4"19'-0"10'-41/4"20.14'13.45'38'-11"'98.0'7'-43/4"'17'-10"'7'-31/2"'8'-83/4"'12'-9"'2'-2"'20.0'59'-53/4"'8'-63/4"'
29'-51/2"'8'-10"'43.5'
47.5'98.0'59.4'3'-01/2"12'-03/4"20'-01/2"NEW FLUE ROUTING
REPLACE GAURDRAILS
REPLACE GAURDRAILS
12345678910DN
UP
EXISTING STAIR
1
4.1
SCALE: 3/16" = 1'-0"-1 BASEMENT LEVEL-PARKING GARAGE
0 4'8'12'
148
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
3.2
FIRST LEVEL FLOOR PLAN
Sheet No.
FIRST FLOOR
UP
STAIRSELEVATORSTAIRWELL(G.C.E.)LANDSCAPE PLANTER
(G.C.E.)
UP
STAIRWELL
(G.C.E)CONCRETE RAMP(G.C.E.)LANDSCAPE
PLANTER
(G.C.E.)
OPEN COURT
AREA
BELOW
(L.C.E.)
COMMERCIAL
UP
DN
UP
UNIT SP-1
855 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENT
RECIPROCAL EASEMENT
RECEPTION 613484
(CROSS HATCHED AREAS)
UNIT SP-2
822 SQ.FT.
COVERED PARKING AREA
OWNED BY COOPER
STREET DEVELOPMENTRAMP DOWN TO GARAGE(G.C.E.)FIRE LANEBRICK STEMS
WALLS (G.C.E.)
UNIT C-2
COMMERCIAL
2955± S.F.
UNIT C-1
COMMERCIAL
1937± S.F.
UNIT C-3
COMMERCIAL
1116± S.F.PLANTER(G.C.E.)CH:10.4'
CH:10.63'
CH:10.0'
WALKWAYS
(G.C.E.)
A
BATH
ROOM
RECESSED
ENTRY
(L.C.E.)
COMMERCIAL DN1234567UPCustom Text 1234567UP
Custom Text1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
8"18'-8"5'-3"8'-3"12'-4"3'-10"12'-0"5'-41/2"7'-113/4"11'-1"15'-11"8'-0"8"100'-0"18'-0"4'-41/4"6'-31/2"3'-0"5'-01/4"6'-81/4"7'-31/2"14'-51/4"4'-63/4"8'-31/4"10'-83/4"19'-0"10'-41/4"108'-8"
1'-53/4"2'-4"7'-91/2"2'-31/2"1'-0"48.3'
12.1'1.08'3.85'33.0'27.5'
18.4'
7.92'4.2'9.9'
7.8'
7.0'
35.5'55.5'2.75'2.6'30.7'
4.8'5.5'1.0''14.7'14.7'5.1'
NEW FLUE ROUTING
NEW BENCH NICHE
NEW AWNINGNEW AWNING
NEW AWNING
REPLACE WINDOW
REPLACE WINDOW
REPLACE GUARDRAIL (TYP.)12345678910111213141516171819DN
UP
EXISTING STAIR
1
4.1
SCALE: 3/16" = 1'-0"1 FIRST FLOOR
0 4'8'12'
149
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
3.3
SECOND LEVEL FLOOR
PLAN
Sheet No.RECIPROCAL EASEMENTRECEPTION 613484(CROSS HATCHED AREA)ELEVATORSTAIRWELL(G.C.E.)UP
DN
SECOND FLOOR
DN
UPDN
UNIT C-4
COMMERCIAL
795± S.F.UNIT C-6
COMMERCIAL
1025± S.F.
UP
UNIT C-8
COMMERCIAL
535± S.F.
UNIT C-7
COMMERCIAL
3707± S.F.
CH:8.08'
UNIT C-9
COMMERCIAL
350± S.F.
CH:7.94'
CH:8.08'
CH:7.92'
CH:7.90'
UNIT C-5
COMMERCIAL
871± S.F.
CH:7.90'
HALLWAY
BALCONY & WALKWAY(G.C.E.)MENS BATHROOM(L.C.E)(G.C.E.)LAUNDRY
FACILITIES
(L.C.E.)
RESIDENTIAL HALLWAYWOMENS BATHROOM(L.C.E)BALCONY & WALKWAY
A
(G.C.E.)
OFFICE
SPACE
STORAGE
STORAGE
STAIRWELL
(G.C.E.)
(G.C.E.)
(G.C.E.)DNDNDN
1234567UPCustom Text
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
4'-41/4"6'-31/2"8'-01/4"6'-81/4"21'-83/4"12'-10"29'-83/4"10'-41/4"57'-61/2"'19'-10"'17'-73/4"'18'-5"'2'-11/2"'9'-71/4"'13'-93/4"'11'-63/4"'4'-41/4"'22'-11"'23'-4"'
22'-9"'11'-01/2"'9'-4"'21'-21/4"'13'-5"'32'-21/2"'18'-2"'95'-13/4"28'-61/2"'35'-11"'23'-9"'34.1'2.75'2.4'23'-51/2"'35.4'13.4'3.9'10.0'39.3'5'-10"'4'-10"'5'-9"
13'-43/4"'11'-13/4"'14'-101/2"'6'-4"'6'-4"'6'-01/2"'5'-11"'11'-23/4"'111/2"'NEW FLUE ROUTING
NEW AWNINGNEW AWNING
NEW AWNING
REPLACE WINDOW
REPLACE WINDOW
REPLACE GUARDRAIL (TYP.)
REPLACE WINDOW
1
4.1
SCALE: 3/16" = 1'-0"2 SECOND FLOOR
0 4'8'12'
150
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
3.4
THIRD LEVEL FLOOR PLAN
Sheet No.ELEVATORSTAIRWELL(G.C.E.)STAIRWELL
(G.C.E.)
UP
DN
UPDN
DN
UP TO
UNIT 406
(L.C.E.)
UP TO
UNIT 402
UNIT 403
(L.C.E.)
UP
CH:7.50'
CH:16.65'
UP
CH:16.70'
CH:7.50'
UP
CH:7.45'
CH:16.65'
A
CH:7.50'CH:7.45'CH:7.45'
UNIT 301 UNIT 302 UNIT 303 UNIT 304 UNIT 305 UNIT 306
818± S.F.1167± S.F.1167± S.F.830± S.F.830± S.F.1124± S.F.
OPEN BALCONY L.C.E. FOR UNITS ON THIRD & FOURTH FLOOR
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN BALCONY L.C.E. FOR UNITS ON THIRD & FOURTH FLOOR
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
(L.C.E.)
RESIDENTIAL
DNDN
DN1234567UPCustom Text
1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K64.0'11'-6"'22'-21/2"'22.2''11'-81/2"'11'-81/2"'20.2''
3.5'10.2'12'-1"'13.6'3.9'3.9'42'-91/2"9'-31/2"'1'-61/4"'21'-21/2"29.2'54.7'3.9'13.6'12.08'
3.9'42.8'15'-41/4"'15.55'15.5'15.55'15.6'12.7'
2.75'2'-8"'50.4'12.2'13.6'29.2'64.0'3.8'3'-111/2"'3.8'21.2'6.4'3.5'3.6'10.1'3.9'21.2'NEW FLUE ROUTING
REPLACE WINDOW
REPLACE WINDOW
REPLACE GUARDRAIL (TYP.)
REPLACE GUARDRAIL (TYP.)
REPLACE WINDOW
1
4.1
SCALE: 3/16" = 1'-0"3 THIRD FLOOR
0 4'8'12'
151
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
3.5
FOURTH LEVEL FLOOR
PLAN
Sheet No.
DN
DN
FOURTH FLOOR
DN
DN
A
DN DNDN
UNIT 406UNIT 402 UNIT 403OPEN TO
LIVING ROOM
BELOW
(UNIT 301)
(2ND STORY)
OPEN TO
LIVING ROOM
BELOW
(UNIT 304)
(2ND STORY)
OPEN TO
LIVING ROOM
BELOW
(UNIT 305)
(2ND STORY)
BALCONY
UNIT 402
(L.C.E.)
BALCONY
UNITS 402 & 403
(L.C.E.)
BALCONY
UNIT 406
(L.C.E.)
CH:7.55'
CH:7.50'
CH:7.50'
CH:7.55'
CH:7.50'
UNIT 301
540± S.F.
1244± S.F.1242± S.F.
UNIT 304
546± S.F.
UNIT 305
547± S.F.
1237± S.F.
CH:7.55'
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
OPEN COURT
(L.C.E.)
RESIDENTIAL
STAIRWELL(G.C.E.)STAIRWELL
(G.C.E.)
STAIRWELL
UNIT 402
UNIT 403
(L.C.E.)
STAIRWELL
UNIT 406
(L.C.E.)
ELEVATORDNDN1
1
A A
N N
M M
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
L L
J J
H H
2
2
3
3
B B
D D
F F
C C
E E
G G
K K
23'-11"20'-7"3'-10"12'-0"5'-41/2"7'-113/4"11'-1"15'-11"8'-0"
45'-2"21'-21/2"7'-113/4"27'-0"
81/4"18'-8"5'-3"8'-3"12'-4"3'-10"12'-0"5'-41/4"7'-111/2"11'-1"15'-11"8'-0"8"9'-51/4"5'-81/2"108'-8"41.5'12.6'7.85'7.15'8.0'7.1'8.05'7.1'41.5'41.5'11.5'22.2'22.18'11.70'11.65'23.65'
6.65'
1.9'48.20'13.6'11.7'11.6'64.0'12.08'12.08'13.6'8.3'8.2'29.2'12.2'13.6'8.3'21.2'21.2'21.2'19.9'19.8'
11.3'
8.5'29.2'60.6'11.35'6.85'14.7'6.6'6.0'21.0'
NEW FLUE ROUTING
REPLACE WINDOW
REPLACE WINDOW
REPLACE GUARDRAIL (TYP.)
REPLACE WINDOW
REPLACE GUARDRAIL (TYP.)
1
4.1
SCALE: 3/16" = 1'-0"4 FOURTH FLOOR
0 4'8'12'
152
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
4.1
ELEVATIONS
Sheet No.
1 2 3 4 5 6 7 8 9 10 11 12
FIRST FLOOR
100'-0"
FIRST FLOOR
100'-0"
SECOND FLOOR
112'-0"
SECOND FLOOR
112'-0"
THIRD FLOOR
121'-73/8"
THIRD FLOOR
121'-73/8"
FOURTH FLOOR
130'-91/2"
FOURTH FLOOR
130'-91/2"
ROOF
139'-103/4"
ROOF
139'-103/4"
NEW BRICK
NEW STEEL
AWNING
NEW WINDOWS
NEW WINDOWS
NEW COMPOSITE
FASCIA
NEW TINTED GLASS GAURDRAIL
NEW COMPOSITE SIDING
NEW WINDOWS
NEW WINDOWS
NEW STUCCO
NEW WINDOWS
NEW STUCCO
EXISTING BRICK
(NEW FINISH)
NEW STEEL
AWNING
NEW STEEL
AWNING
NEW BENCH
NEW TINTED GLASS GAURDRAIL
NEW TINTED GLASS GAURDRAILNEW TINTED GLASS GAURDRAIL
NEW COMPOSITE
FASCIA
EXISTING BRICK
(NEW FINISH)
NEW WINDOWS
1 2 3 4 5 6 7 8 9 10 11 12
FIRST FLOOR
100'-0"
FIRST FLOOR
100'-0"
SECOND FLOOR
112'-0"
SECOND FLOOR
112'-0"
THIRD FLOOR
121'-73/8"
THIRD FLOOR
121'-73/8"
FOURTH FLOOR
130'-91/2"
FOURTH FLOOR
130'-91/2"
ROOF
139'-103/4"
ROOF
139'-103/4"
REPLACE WINDOWS
REPLACE AWNING
REPLACE GAURDRAILS
REPLACE GAURDRAILS
REPLACE WINDOWS
REPLACE WINDOWS
REPLACE AWNING
REPLACE WINDOWS REPLACE WINDOWS REPLACE WINDOWSOMIT FLUE
REPLACE GAURDRAILS
REPLACE STUCCO
W/ SIDING
REPLACE STUCCO
W/ SIDING
SCALE: 3/16" = 1'-0"1 NEW SOUTH ELEVATION
0 4'8'12'
SCALE: 3/16" = 1'-0"1 EXISTING SOUTH ELEVATION
0 4'8'12'
153
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purpose
whatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
4.2
RENDERINGS
Sheet No.
1 PROPOSED SOUTH FACADE
2 PROPOSED SOUTH FACADE
3 PROPOSED SOUTH FACADE
4 PROPOSED SOUTH FACADE
154
DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
DESIGN DEV.2022-06-14520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing are
owned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purposewhatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
4.3
MATERIALS
Sheet No.3 PROPOSED SOUTH FACADE
COMPOSITE FASCIA-
SWISS PEARL
TINTED GLASS
GUARDRAIL
LIME-WASH BRICK COMPOSITE SIDINGTRESPA PURA-
AGED ASH
155
Swisspearl Facades
Products and System
Made to create
156
Swisspearl product range
Panel sizes and colors
157
Swisspearl panel sizes
Facades and interior
Swisspearl Largo - large size panels
Swisspearl Linearis - slat panels
Swisspearl Modula - overlap panels
Roof
Swisspearl Roof - R-Color
Max. useable, finished panel size
120 1/16"× 49 3/16"× 5/16" | 1/2"
98 13/16"× 49 3/16"× 5/16" | 1/2"
Max. useable, finished panel size
120 1/16"× 49 3/16"× 5/16"
98 13/16"× 49 3/16"× 5/16"
98 13/16"× 12"× 5/16"
98 13/16"× 5 12/16"× 5/16"
59 1/16"× 12"× 5/16"
59 1/16"× 5 12/16"× 5/16"
98 13/16"× 11 13/16"× 5/16"
59 1/16"× 11 13/16"× 5/16"
Page 4/5: Muttseehuette, Glarus, Switzerland. Architect: Büchel Neubig Architekten GmbH, Weinfelden, Switzerland. Photographer: Jürg Hostettler, Winterberg, Switzerland.
Page 6/7: Linda Ridge, Pasadena, USA. Architect: Montalba Architects, Santa Monica, USA. Photographer: Kevin Scott, Seattle, USA.
Hydropower Plant, Tosbotn, Norway. Architect: Stein Hamre arkitektkontor, Mo i Rana, Norway. Photographer: Meraner & Hauser OHG / SNC, Bozen, Italy.
Swisspearl product range - Panel sizes
158
Swisspearl color overview
Independence and diversity
The Swisspearl facade panels get their independence through countless finishes and colors that offer limitless
diversity. Below is an overview of the surface and color options. They are described in greater detail on the pages
that follow.
Swisspearl product range - Color overview Swisspearl product range - Color overview
VINTAGO
Natural authentic, rough, lively and unique.
The sanded surface highlights the purity of
the fiber cement panel.
VINTAGO -REFLEX
Rough, lively with a shiny look.
The sanded surface combined with a reflective
surface gives a slightly rough, yet lively, shiny look.
GRAVIAL
Unique interplay of light and shadow.
The linear geometrical grooved surface offers
countless options for making a special statement.
CARAT
Unique natural look and timeless beauty.
The translucent lightly pigmented finish adds
a distinguished expression.
AVERA
REFLEX
NOBILIS
TERRA
PLANEA
Authentic and vibrant appearance.
The transparent coating lets the original natural
look of the fiber cement shine through.
Shiny look with metallic character.
The reflective surface coating gives the panels
a sophisticated, shiny look.
Authentic fiber cement look. The translucent light
pigmented surface highlights the fiber cement
texture in its natural beauty and elegance.
Earthy and warm athmosphere. The finely
coordinated colors are a reminiscent of earth
tones and gives the building envelope an
earthy, natural look.
Fresh and colorful creativity. The matte and
smooth finish emphasizes the clear, bright and
strong colors for an overall intense appearance. 159
Swisspearl Terra
Earthy and warm atmosphere
Terra is a grey based fiber cement panel with a translucent, strongly pigmented coating. The finely coordinated colors
are a reminiscent of earth tones and gives the building envelope an earthy, warm look.
With Terra, buildings are able to blend in with their natural environment.
Photographer: Meraner & Hauser OHG / SNC, Bozen, Italy.Amber 756Amber 755Amber 754Amber 753Amber 752Amber 751INFO
Panel size (refer to page 8)
Swisspearl Largo:
Arbitrary panel size up to a maximum size of
120 1/16"× 49 3/16", thickness 5/16". These 1/2" panels are
only available in size 98 13/16"× 49 3/16".
Largo panels can also be used for the interior.
Swisspearl Linearis:
4 different panel sizes, thickness 5/16".
Swisspearl Modula:
2 different panel sizes, thickness 5/16".
For a detailed summary of the sizing and color options,
please refer to our delivery program.
Colors
A wide standard range of 6 colors.
All colors available with HR-Coating.
Installation
The whole range from flat layer to lapped coverings, with
face or concealed fastening.
For detailed information refer to our DIM (Design & Installa-
tion Manual).
Swisspearl product range - Facade, interior and roof colors Swisspearl product range - Facade, interior and roof colors
160
Ventilated facade system
A highly sustainable solution
161
Ventilated facade system - Fasteners
Above: Single family home, Hirzel, Switzerland. Architect: Christa Stutz & Benno Kohli, Switzerland. Photographer: Jürg Zimmermann, Zurich, Switzerland.
Bottom: Villa Faun, Oslo, Norway. Architect: Various Architects, Oslo, Norway. Photographer: Meraner & Hauser OHG / SNC, Bozen, Italy.
Appearance of the cladding
Face fastened
Swisspearl facade panels are installed on timber or metal sub frame. The fastening method using face fastened
screws or rivets allows an efficient attachment to the supporting structures. In fact, the fastener heads are available
in the exact same shade of color as the panels, and are hardly visible even a slight distance away, as they blend with
the overall surface.
Concealed panel attachment methods
The concealed attachment has been designed for applications with the highest aesthetic standards. This high-end
method of use brings out the full attractiveness of the surface finish of the Swisspearl panels.
Sigma
Sigma concealed panel attachment is available for 5/16" and 1/2"panel thickness.
The panels are supplied by the factory or certified fabricator accurately cut to size, including anchoring points to
the panel rear face. Aluminum parts are fitted to the panel on site and the panels are hung to the appropriate
supports on the sub-framing.The sub-framing is made from either timber battens covered by a layer of EPDM for
moisture protection, or by metal, i.e. aluminum or galvanized steel.
Important:Anchoring points for Sigma 8 concealed panel attachment may only be set by Swisspearl directly.
Fischer
It's also possible to fix the concealed facade panels with Fischer FZP II T-PA undercut anchor embedment 5 mm in
coordination with a Fischer certified company.
Adhesive
Panels ordered for adhesive application are called ARSB and are available upon request at time of order.
Standard Swisspearl panels cannot be used for adhesive application.
Page 50/51: House RnEve, Mönchhof, Austria. Architect: ad2 Architekten, Weiden am See, Austria. Photographer: Meraner & Hauser OHG / SNC, Bozen, Italy.
162
EASY INSTALLATION,
DURABLE DESIGN
SMART
SIDING
SYSTEM
163
CREATE FA ÇADES
WITHOUT
CONCERNS
TRESPA PURA NFC® PROVIDES A SOLUTION CONSISTING OF
SIDINGS, FASTENERS AND MATCHING ACCESSORIES. THE
SIDINGS ARE NOT ONLY ATTRACTIVE, BUT ARE ALSO HIGHLY
DURABLE. SIDINGS UNDERGO EXTENSIVE TESTING FOR IMPACT
AND UV RESISTANCE AND COME WITH A 10-YEAR PRODUCT
GUARANTEE, WHICH INCLUDES COLOR STABILITY. THE SYSTEM
GIVES MAXIMUM DESIGN FREEDOM AND A LONG LASTING,
BEAUTIFUL FINISH.
2 | 164
PREFINISHED SIDINGS
No need to cut or router, the sidings are
ready to use.
EASILY INSTALLED
Installed quickly with no mess and no
fuss.
SOLID & STURDY
High scratch and impact resistance
guarantees hassle-free installation and a
beautiful end result.
WEATHER RESISTANT
Performs exceptionally well outdoors and
will stay attractive for many years. Sun
and rain have no significant effect on the
w surface.
NO NEED TO PAINT
EASY TO CLEAN
The closed surface of Trespa Pura NFC®
results in little build-up of dirt. Minimal
maintenance is required, it is easy to
clean, and painting will not be necessary
in the future.
10 YEAR GUARANTEE
Guarantee on product performance,
including color stability.
PREFINISHED
PLANKS
The sidings are made from up to 70%
natural fibres, which are sourced from
sustainable forests. All Trespa Pura NFC®
products are certified according to the
PEFC™ standard.
| 3165
TRESPA PURA NFC® IS A VERSATILE SOLUTION FOR MOST SIDING
PROJECTS. BOTH LAP AND FLUSH SIDINGS CAN BE INSTALLED EITHER
VERTICALLY OR HORIZONTALLY. THE SIDINGS CAN BE EASILY HANDLED
AND ARE SIMPLE TO CUT. TRESPA PURA NFC® IS THE PERFECT ANSWER
FOR BOTH INNOVATIVE AND TRADITIONAL VENTILATED FAÇADE
PROJECTS. VENTILATED FAÇADES ARE MORE THAN JUST A DESIGN
FEATURE, THEY CAN ALSO PROVIDE ENERGY EFFECTIVE SOLUTIONS.
AN EASY AND
VERSATILE SOLUTION
VENTILATED FAÇADE
A continuous airflow draws air through
the cavity, aiding in the removal of heat
and moisture from rain or condensation.
The dry and comfortable conditions of
the building may also have a positive
contribution to the indoor environment.
MATCHING COMPONENTS
Clips ScrewsProfiles
4 | 166
VERTICAL SIDING
Trespa Pura NFC® can also be applied
vertically in different ways. The example
shows alternate lap and flush sidings.
FLUSH SIDING
A flat, flush surface is easily achieved by
mounting Trespa Pura NFC® sidings side by
side, horizontally or vertically.
LAP SIDING
Lap siding is the traditional way of applying
sidings to a wall.
| 5167
TRESPA PURA NFC® IS THE PERFECT CHOICE FOR ANY FAÇADE
SIDING IN EITHER MODERN OR TRADITIONAL FITTING; IT GIVES
MAXIMUM DESIGN FREEDOM.
Trespa Pura NFC® is the perfect choice for siding façades. The beauty of the material can
also benefit other areas of the building like fascias and dormers. Using variations in lengths,
colors and styles can help to protect and enhance the appearance of buildings’ façade.
FITS ANY
RESIDENTIAL STYLE,
ANYWHERE
6 | 168
| 7169
WITH ITS WIDE RANGE OF INSTALLATION OPTIONS, WOOD TONES
AND UNI COLORS, TRESPA PURA NFC® OFFERS GREAT FUNCTIONAL
AND AESTHETIC FREEDOM.
Trespa Pura NFC® is based on Trespa’s decades of leadership in solutions for architects,
construction companies and project developers. Trespa Pura NFC® innovative offering
opens countless opportunities for building, rebuilding and refurbishing: façades and
façade elements for a variety of sectors that includes schools, shops, banks, restaurants,
offices and bars.
CREATIVE FREEDOM
IN ALL AREAS
8 | 170
171
P05.0.0 Pure White
P05.5.0 Quartz Grey
P03.0.0 White
P25.8.1 Anthracite Grey
P03.4.0 Silver Grey
P28.2.1 Aquamarine
P04.0.2 Pale Yellow
P12.6.3 Wine RedPU22 Slate Ebony
PU04 Royal Mahogany
PU08 Romantic Walnut
PU17 Aged Ash
PU28 Siberian Larch
PU24 Mystic Cedar
PU02 Classic Oak
COLOR
CODE
COLOR
NAME
CORE FINISH FIXING SYSTEM
BROWN BLACK MATT SATIN
PU02 Classic Oak ••• •
PU04 Royal Mahogany ••• •
PU08 Romantic Walnut ••• •
PU17 Aged Ash ••• •
PU22 Slate Ebony • •• •
PU24 Mystic Cedar •••
PU28 Siberian Larch •••
PU30 Tropical Ipe •••newPU30 Tropical Ipe
ORDER SAMPLES AT TRESPA.COM
WOOD DECORS UNI COLOURS
COLORS
EASY TO USE: PRE-PACKED SIDINGS
AVAILABLE WITH A VARIETY OF FASTENERS
AND MATCHING ACCESSORIES
PROJECT COLORS
In need of different Uni Colours or Wood Decors? Trespa Pura
NFC® with black core is available in a wide range of standard
Trespa® Uni Colours and Wood Decors. For more information,
please contact your local Trespa representative.
COLOR
CODE
COLOR
NAME
CORE FINISH FIXING SYSTEM
BROWN BLACK MATT SATIN
P03.0.0 White •• •
P03.4.0 Silver Grey •• •
P05.0.0 Pure White •• •
P04.0.2 Pale Yellow •• •
P05.5.0 Quartz Grey •• •
P12.6.3 Wine Red •• •
P25.8.1 Anthracite Grey •• •
P28.2.1 Aquamarine •• •
10 | 172
TRESPA® INTERNATIONAL
SINCE 1960
Aluminum (PU00)Black (PU90)Slate Ebony (PU22)Aged Ash (PU17)/
Mystic Cedar (PU24)
Royal Mahogany (PU04)
Romantic Walnut (PU08)Classic Oak (PU02)Siberian Larch (PU28)Tropical Ipe (PU30)
FASTENERS AND MATCHING ACCESSORIES
SFS intec HPL fast
fixing screws
SFS intec HPL fast
fixing screws
Proface® start profile
Proface® finish profile
Proface® finish profile
SFS intec Profile screws
Proface® outer-corner
profile
Proface® outer-corner
profile
Proface® inner-corner
profile
Universal clips SFS intec Profile screws
Proface® support
profile
TRESPA. THE ARCHITECTS’ CHOICE FOR OVER 55 YEARS.
Trespa Pura NFC® is designed and created by Trespa, a specialist panelling and
siding company headquartered in the Netherlands. Founded in 1960, Trespa
is the first choice of exterior panelling for many of the world’s leading architects,
who insist on quality, reliability and durability for their projects.
LAP SIDINGSFLUSH SIDINGS
SIZE 3050 x 187 mm
THICKNESS 8 mm
PLANK (GROSS)0,57 m2
PLANK (NET)0,48 m2
1 PALLET 36 Packs / 144 sidings
1 PACK 4 Sidings
SIZE 3050 x 186 mm
THICKNESS 8 mm
PLANK (GROSS)0,57 m2
PLANK (NET)0,55 m2
1 PALLET 36 Packs / 144 sidings
1 PACK 4 Sidings
PROFILES AND HPL SCREWS ARE AVAILABLE IN THE FOLLOWING COLORS:
| 11173
BROCHURE SIZE: 205 x 275 mm
VISIT TRESPA.COM FOR THE MOST
UP TO DATE VERSION OF THIS DOCUMENT.
TRESPA INTERNATIONAL B.V.
P.O. Box 110, 6000 AC Weert
Wetering 20, 6002 SM Weert
Th e Netherlands
www.trespa.com
TRESPA NORTH AMERICA LTD.
350 Fift h Avenue, Ste 4610
New York, NY 10118
United States of America
Tel: +1 800 487-3772
Info.NorthAmerica@Trespa.com
TRESPA UK LTD.
35 Calthorpe Road
Edgbaston
Birmingham, B15 1TS
United Kingdom
Tel: 0808-2340268
Info.UK@Trespa.com
TRESPA DESIGN CENTRE WEERT
Wetering 20
6002 SM Weert
Th e Netherlands
Tel: +31 (0) 495 458 845
TDC.Weert@Trespa.com
www.trespa.com/us/tdc
TRESPA DESIGN CENTRE BARCELONA
Calle Ribera 5,
08003 Barcelona
Spain
Tel: +34 (0) 93 295 4193
TDC.Barcelona@Trespa.com
www.trespa.com/us/tdc
TRESPA DESIGN CENTRE SANTIAGO
Eliodoro Yáñez 2831
Torre A - Local 1
Providencia, Santiago
Chile
Tel: +56 2 4069990
TDC.Santiago@Trespa.com
www.trespa.com/us/tdc
CONTACT US VISIT US
GENERAL
Th ese terms apply to the use of this document and
such use automatically means that the other party
agrees to these terms. Th e information provided
by Trespa International B.V. (“Trespa”) in this
document is solely indicative. Trespa is unable
to warrant the accuracy and completeness of this
information. Trespa may change the information
included in this document at any time and without
further notice. Trespa’s customers and third
parties must ascertain that they have the most
recent document (for the most recent version,
please consult: www.trespa.com). No rights can
be derived from the information provided; the
use of the information is at the other party’s risk
and responsibility. Trespa does not warrant that
the information in this document is suitable
for the purpose for which it is consulted by the
other party. Th is document does not contain any
design, structural calculation, estimate or other
warranty or representation that customers and
third parties may rely on. Th is document does
not guarantee any properties of Trespa products.
Colors used in Trespa’s communications (including
but not limited to printed matter) and in samples
of Trespa’s products may diff er from the colors
of the Trespa products to be supplied. Samples
are not intended for use in product tests and are
not representative of characteristics of the Trespa
products. Trespa’s products and samples are
produced within the specifi ed color tolerances and
the colors (of production batches) may diff er, even
if the same color is used. Th e viewing angle also
infl uences the color perception. Metallics panels
feature a surface whose color appears to change
based on the direction from which it is viewed. Th e
specifi ed color stability and color specifi cations
relate only to the decorative surface of the Trespa
products, not to the core material and samples of
the Trespa products. Trespa products are delivered
ex-works with straight, sawn sides. Customers
and third parties must have a professional adviser
inform them about (the suitability of) the Trespa
products for all desired applications and about
applicable laws and regulations. Trespa does not
warrant the above. Th e most recent version of
the current delivery program and the Material
Properties Datasheet can be found at www.trespa.
info. Only the information in the most recent and
valid Material Properties Datasheet should be
used to select and provide advice regarding Trespa
products. Trespa reserves the right to change (the
specifi cations for) its products without prior notice.
LIABILITY
Trespa is not liable (neither contractual nor
non-contractual) for any damage arising from or
related to the use of this document, except if and to
the extent that such damage is the result of willful
misconduct or gross negligence on the part of
Trespa and/or its management. Th e limitation of
liability applies to all parties affi liated with Trespa,
including but not limited to its offi cers, directors,
employees, affi liated enterprises, suppliers,
distributors, agents, and representatives.
GENERAL CONDITIONS
All oral and written statements, off ers, quotations,
sales, supplies, deliveries and/or agreements
and all related activities of Trespa are governed
by the Trespa General Terms and Conditions
of Sale (Algemene verkoopvoorwaarden Trespa
International B.V.) fi led with the Chamber of
Commerce and Industry for Noord- en Midden-
Limburg in Venlo (NL) on February 20th, 2015
under number 24270677, which can be found
on and downloaded from the Trespa website,
www.trespa.com/documentation. All oral and
written statements, off ers, quotations, sales,
supplies, deliveries and/or agreements and all
related work of Trespa North America, Ltd. are
governed by the Trespa North America General
Terms and Conditions of Sale, which can be found
on and downloaded from the Trespa website,
www.trespa.com/documentation. A copy of these
general conditions of sale will be provided free of
charge on request. All general terms and conditions
other than the conditions mentioned above are
dismissed and do not apply, regardless of whether
such terms and conditions are referred to on
requests for off ers, off er confi rmations, stationery
and/or other documents of the other party, even
if Trespa does not expressly object to such terms
and conditions
INTELLECTUAL PROPERTY
All intellectual property rights and other rights
regarding the content of this document (including
logos, text and photographs) are owned by Trespa
and/or its licensors. Any use of the content of this
document, including distribution, reproduction,
disclosure, storage in an automated data fi le or the
dispatch of such a fi le without Trespa’s prior written
consent is explicitly prohibited. ® Trespa, Meteon,
Athlon, TopLab, TopLabPLUS, TopLabECO-FIBRE,
TopLab VERTICAL, TopLab BASE, Virtuon, Izeon,
Pura NFC, Volkern, Trespa Essentials and Mystic
Metallics are registered trademarks of Trespa.
QUESTIONS
Should you have any questions or comments,
please do not hesitate to contact Trespa.
DISCLAIMER
FOLLOW US
TRESPA INTERNATIONAL B.V.
P.O. Box 110, 6000 AC Weert
Wetering 20, 6002 SM Weert
The Netherlands
www.trespa.com
CUSTOMER SERVICE DESK
EMEA EXPORT
Tel: +31 (0) 495 458 839
Info.Export@Trespa.com
TRESPA NORTH AMERICA LTD.
350 Fifth Avenue, Ste 4610
New York, NY 10118
United States of America
Tel: +1 800 487-3772
Info.NorthAmerica@Trespa.com
VISIT TRESPA.COM FOR THE MOST UP TO DATE VERSION OF THIS DOCUMENT.
V1090-431477 ■ VERSION 3.3
BROCHURE CODE V1090 ■ DATE 01-2019 174
SHOE™
STRUCTURAL GLASS RAILING SYSTEM
Starting with a staple and workhorse of all glass railing designs, VIVA took this to a
whole another level with its patented “Continuous Compression” dry-set system.
Available in a variety of mounting options, cladding finishes, and cap rail options; the
SHOE™ Structural Glass System lends itself to a clean, barrier-free and solid solution.
PRODUCT: SHOE™ | INFILL: GLASS AMERICAN AIRLINES TRINITY CAMPUS
FT. WORTH, TEXAS
Visit vivarailings.com/shoe for product data,
specifications and drawings.
U.S. PATENT NO. 9127474
S
H
O
E
DESIGN + ENGINEER + FABRICATE + INSTALL vivarailings.com1 175
SHOE™
STRUCTURAL GLASS RAILING SYSTEM
MATERIAL FINISH SIZE / SPACING
BASE Aluminum SHOE with cladding option #6 Satin 2.75"x4" SHOE base, 5'-0" max. O.C. glass infill.
Fascia or Top mount.Powder Coat
INFILL Glass Clear, Tinted or Frit Min. 1/2" SGP laminated glass¹ or
Min. 5/8" PVB laminated glass
TOP RAIL
Stainless Steel U-Cap #6 Satin, Powder Coat 1" Height U-Cap
Stainless Steel U-Cap with LED ²#6 Satin 1" Height U-Cap with LED LINEAR
Stainless Steel Tube with LED #6 Satin Ø1-1/2" tube with LED LINEAR
HAND RAIL
Stainless Steel Tube #6 Satin, Powder Coat Ø1-1/2" or Ø2" tube
Stainless Steel Tube with LED #6 Satin Ø1-1/2" with LED LINEAR, Ø1-1/2" or Ø2" with LED POD
Wood (Red Oak, Cherry or Maple) ³Unstained Ø2"
Wood (Red Oak, Cherry or Maple) with LED Ø2" with LED LINEAR
(1) IBC 2015 & newer requires railing glass to be laminated. VIVA recommends SGP for exterior
applications.
(3) Other species available upon request.
(2) All LED LINEAR products are ETL certified; ETL mark is proof of product compliance to
North American safety standard.
US
Intertek
CM
LISTE D
Technical Data
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
V
V
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TM
I Page 1 of 5SHOE RAILING SYSTEM
Specifications
TECHNICAL DATA
SHOE™ RAILING SYSTEM - SPECIFICATIONS
S
H
O
E
DESIGN + ENGINEER + FABRICATE + INSTALL vivarailings.com
U.S. PATENT NO. 9127474
2 176
LEVEL 1
0'-0"
HAND RAIL
FINISH FLOOR
LAMINATED GLASS
U-CAP
5'-0" MAX5'-0" MAX
1'-0"
1'-0"
Glass Infill
3'-0"3'-7"LAMINATED GLASS
STRINGERSHOE BASE
U-CAP
HAND RAIL
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
V
V
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TM
I Page 2 of 5SHOE RAILING SYSTEM
12"
NOM. GAP
4"412"278"
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
Clear
Monolithic
Clear Laminated
(PVB or SGP)
Colored Laminate
(PVB only)
Bent Tinted Satin
Etched
Ceramic Frit
AVAILABLE GLASS
TYPES:
WATERPROOF SHOE SYSTEM APPLICATIONS
VIVA Railings has partnered with Sika for Waterproof SHOE System applications. This solution is
not standard and available upon special request only. Sika polymer grout and sealants provide a
watertight joint between glass and shoe, this solution works in unison with membrane or other
applied waterproofing around the shoe (by others).
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
SHOE™GLASS INFILL S
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U.S. PATENT NO. 9127474
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177
312"
MIN.
Welded @ Embed Plate - $
Detail# SH-T04
Anchored to Concrete ¹ - $ ²
Detail# SH-T01 ³
Welded @ Steel Channel - $
Detail# SH-T03
Mounting Condition, Top Mounted
3" MIN.434"MIN.312"
MIN.3"MIN.312"
MIN.3"MIN.(1) Min. 4000 PSI concrete, Typ.
(2) $ to $$$: Indicates mounting type comparative cost
Welded @ Embed Angle - $$$
Detail# SH-T05
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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5"MIN.VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
4"x1/2" Continuous
Embed Plate
(By others)
4"x1/2" Continuous Plate
(By others)
Continuous Embed Angle
(By others)
Anchored to Concrete Slab on Deck - $$$
Detail# SH-T02
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
SHOE™MOUNTING CONDITION-TOP MOUNTED POST
U.S. PATENT NO. 9127474
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5"MIN.Welded @ Steel Tube - $$
Detail# SH-F04
Anchored to Concrete ¹ - $$$
Detail# SH-F01
Welded @ Embed Plate - $$
Detail# SH-F02
Mounting Condition, Fascia Mounted
(1) Min. 4000 PSI concrete, Typ.
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Welded @ Steel Angle
Anchored @ Concrete - $$
Detail# SH-F03512"MIN.6"MIN.VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
Welded @ Steel Angle
Welded @ Steel Tube - $$
Detail# SH-F05
Welded @ Steel Angle - $$
Detail# SH-F07
Continuous Angle
(By others)
3/8" THICK POUR
STOP
(BY OTHERS)
STUD or
DEFORMED
REBAR
(BY OTHERS)
4"x1/2" Continuous
Embed Plate
(By others)
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
SHOE™MOUNTING CONDITION-FASCIA MOUNTED POST S
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VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Shoe Railing Orientation Options
Acute Angle Tilt Perpendicular Panels at Stair
VIVA SHOE BASE
5'-
0
"
M
A
X
.
12"
NOM.
Obtuse Angle Tilt Shoe
EXISTING STRINGER
LAMINATED GLASS
HAND RAIL
U-CAP
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.AngleAngleVIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
SHOE™MOUNTING CONDITION-POCKET MOUNTED POST
U.S. PATENT NO. 9127474
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VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Illuminated Railing
Ø112"36" TO FFILLUMINATED
HANDRAIL
238"
Illuminated
Shoe
Option
U-CAP LED
Illuminated
Top rail
Options
iRAIL POD ORIENTATION
OPTIONS
18"
24"
OR 36"
iRAIL POD SPACING
OPTIONS
POD
iRAIL Linear
30° ASYM.
LINEAR
SYM.
LINEAR
iRAIL LINEAR ORIENTATION
OPTIONS
22° ASYM.
POD
SYM. POD
See Viva iRail Railing System
for more info
Illuminated
Handrail
Option
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
SHOE™ILLUMINATED RAILING OPTIONS
For more info: vivarailings.com/products/led-illuminated-railing-system
U.S. PATENT NO. 9127474
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Aluminum provides excellent strength to weight ratio while keeping costs down. The shorter lead times, economy
and quick prototyping make Aluminum Railing Systems appealing to architects and contractors alike.
Aluminum being extremely flexible and workable allows for multiple design options for any of your custom needs.
Not only that, you can have almost as many finishing options with aluminum that you can with stainless steel.
The durability of aluminum means it can withstand numerous weather conditions and environments and is
extremely resistant to corrosion and rust.
The energy to produce one ton of aluminum for fabrication is only 5% that of other materials, saving nearly 10 tons
of CO2 emissions – an extra benefit that enhances LEEDS ratings for a project.
Powder coating is a dry film process, using finely ground particles of pigment and resin which are electrostatically
charged and sprayed onto electrically grounded parts to be coated. The charged powder particles adhere to the
parts and are held there until melted and fused into a uniformly flowing coating in a cure oven. Before coating, the
parts must be pretreated similar to liquid coated parts.
Designed to withstand extreme temperatures, powder-coating protects against rust and staining, making it a
weather-resistant finish for our stainless steel and aluminum railings. It helps in regards to LEED requirements and
in addition, it meets AAMA specifications.
SHOE™ STRUCTURAL GLASS RAILING SYSTEMS - FINISHING OPTIONS
STAINLESS STEEL POWDER COAT
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U.S. PATENT NO. 9127474
PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
AMERICAN AIRLINES TRINITY CAMPUS
FT. WORTH, TX
The new AMERICAN AIRLINES TRINITY CAMPUS spans over
300 acres and stands in the same property as the original
headquarters once stood. This massive campus features
over 1.8 million square feet of office space, training areas
and unique architecture. The second floor balconies on the
main building features our SHOE™ Frameless Glass Railing
System. For this project, the VIVA Railings team engineered
a unique "pocket" SHOE™ System that matches the
slanted structure of the entire campus.
Project Details:
Location: Ft. Worth, TX
General Contractor: StructureTone Southwest
Architect: Kendall/Heaton Associates
Finish: Aluminium
Project Scope: 1,710 Linear Feet of Railings
Infill: Tempered Glass
Design & Installation Hours: 12535
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PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
TOYOTA U.S. HEADQUARTERS
PLANO, TX
The new Toyota Headquarters features a massive 100-acre
campus and has nearly 500 years worth of work completed
in less than three years!
Over 15,000 linear feet of railings were installed featuring
SHOE™, along with SOLO™, iRAIL™ LED Illuminated
Railing, FSR™ and SMOKE BAFFLE™.
VIVA Railings was also asked to design, engineer, fabricate
and install custom gates, a glass wall and a back painted
glass panel for the reception desk. It was an honor to be a
part of the LEED Platinum certification recently awarded to
Toyta via our stainless steel material and recycled content.
Project Details:
Location: Plano, TX
General Contractor: Austin Commercial
Architect: Corgan Associates, Inc.
Finish: Aluminium, Maple Wood
Project Scope: 15,515 Linear Feet of Railings
Infill: Monolithic Tempered Glass
Design & Installation Hours: 14,800
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PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
BLUE STAR FORD CENTER
FRISCO, TX
The brand new Blue Star Retail Ford Center is already
becoming a huge hit with the residents of Frisco and
surrounding cities. The main attraction is the massive
screen that plays the Dallas Cowboys clips 24/7 and a
football field right in the heart of the square. After a few
games of catch you can visit the restaurant strip serving
everything from burgers to sushi and right in the heart of it
all the Ring of Honor. Housing our SHOE™ System the oval
commemorates the Dallas Cowboys' greatest players past
and present.
Project Details:
Location: Frisco, TX
General Contractor: Manhattan Construction
Architect: O'Brien Architects
Finish: Aluminium
Project Scope: 1258 Linear Feet of Railings
Infill: Monolithic Tempered Glass
Design & Installation Hours: 1798
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PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
SOUTHWEST ADVENTIST UNIVERSITY
NURSING AND ADMINISTRATION
KEENE, TX
The Southwest Adventist University Nursing and Admin
building feature small class sizes and dedicated professors
so that students are well prepared for a career in nursing.
The $16 million dollar building is a state-of-the-art facility
with simulation labs, meeting rooms and traditional
classrooms. The main entrance features a gorgeous
cylindrical stairwell with our SHOE™ Glass Railing System
and beautiful ceramic frit pattern along the stairwell and
balcony.
Project Details:
Location: Keene, TX
General Contractor: Steele and Freeman Inc.
Architect: BECK Group Dallas
Finish: Ceramic Frit Curved Glass, Aluminum
Project Scope: 195 Linear Feet of Railings
Infill: Tempered Glass
Design & Installation Hours: 1555
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PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
NBA EXPERIENCE AT DISNEY SPRINGS
ORLANDO, FL
One of the latest attractions to hit Disney Springs in
Orlando, the new facility opened in Summer of 2019.
Adults and kids alike can live out their basketball dreams
with a miniature hard court at the entrance, a locker room
replica and even and learn about the history of basketball.
The stunning LED screens and historical photographs are
within easy view via our SHOE™ Glass Railing System
surrounding the balcony and main entrance.
Project Details:
Location: Orlando, FL
General Contractor: Altamonte Glass & Mirror
Architect: Stantec - Orlando
Finish: Curved Glass, Aluminum
Project Scope: 443 Linear Feet of Railings
Infill: Tempered Glass
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PRODUCT: SHOE™ | INFILL: TEMPERED GLASS
GATHERING PLACE PARK
TULSA, OK
Over 100 acres of activities, parks, lodges, trails and
playground areas surround the Gathering Place Park.
Weekly events, an overnight lodge, and a massive
boathouse are just some of the amenities that make this
such a unique place to visit. Recently awarded one of the
top 100 places to visit by TIME Magazine, we are proud to
be a part of massive Oklahoma landmark via our SHOE™
Glass Railing System at both the Boathouse and Williams
Lodge.
Project Details:
Location: Tulsa, OK
General Contractor: Crossland Construction
Architect: Mack Scogin Merrill Elam Architects
Finish: Aluminum
Project Scope: 443 Linear Feet of Railings
Infill: Tempered Glass
Design & Installation Hours: 4503
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VIEW™
STRUCTURAL GLASS RAILING SYSTEM
Looking beyond never got easier! A popular design in all public and private applications,
this point supported structural glass system is the most seamless railing option available.
The minimalist design and floating glass panels make it a favorite for large sweeping
spaces.
PRODUCT: VIEW™ | INFILL: GLASS UNIVERSITY OF NEBRASKA-KEARNEY
KEARNEY, NEBRASKA
Visit vivarailings.com/view for product data, specifications and drawings.
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VIEW™
STRUCTURAL GLASS RAILING SYSTEM
US
Intertek
CM
LISTE D
Technical Data
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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MATERIAL FINISH SIZE / SPACING
STANDOFF Stainless Steel (304 or 316)
#6 Satin, #8 Mirror
Ø2" Fascia mount, 4'-6" max.* Glass infill
* Max. spacing changes upon glass thickness.
ECM
Powder CoatSteel
INFILL Glass Clear, Tinted or Frit Min. 1/2" SGP laminated glass¹ or
Min. 5/8" PVB laminated glass
TOP RAIL
Stainless Steel U-Cap #6 Satin, Powder Coat 1" Height U-Cap
Stainless Steel U-Cap with LED ³#6 Satin 1" Height U-Cap with LED LINEAR
Stainless Steel Tube with LED #6 Satin Ø1-1/2" tube with LED LINEAR
HAND RAIL
Stainless Steel Tube #6 Satin, Powder Coat Ø1-1/2" or Ø2" tube
Stainless Steel Tube with LED #6 Satin Ø1-1/2" with LED LINEAR, Ø1-1/2" or Ø2" with LED POD
Wood (Red Oak, Cherry or Maple) ²Unstained Ø2"
Wood (Red Oak, Cherry or Maple) with LED Ø2" with LED LINEAR
(1) IBC 2015 & newer requires railing glass to be laminated. VIVA recommends SGP for exterior
applications.
(2) Other species available upon request.
(3) All LED LINEAR products are ETL certified; ETL mark is proof of product compliance to
North American safety standard.
Specifications
TECHNICAL DATA
VIEW™ RAILING SYSTEM - SPECIFICATIONS
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LEVEL 1
0'-0"
HAND RAIL
FINISH FLOOR
LAMINATED GLASSU-CAP
4'-6" MAX*4'-6" MAX*
1'-0"
1'-0"
Glass Infill
3'-0"3'-7"STRINGERSTANDOFF
U-CAP
HAND RAIL
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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LAMINATED GLASS
12"
NOM. GAP
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
* Max. spacing changes upon glass thickness.
6"
TYP.218"
Clear
Monolithic
Clear Laminated
(PVB or SGP)
Colored Laminate
(PVB only)
Bent Tinted Satin
Etched
Ceramic Frit
AVAILABLE GLASS
TYPES:
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
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6"6"Anchored to Concrete ¹ - $$$ ²
Detail# VA-F01
Welded @ Steel Tube - $$
Detail# VA-F03
Welded @ Embed Plate - $$
Detail# VA-F02
Mounting Condition
6"MIN.6"MIN.6"VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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6" Embed Plate
(By others)
(1) Min. 4000 PSI concrete, Typ.
(2) $ to $$$: Indicates mounting type comparative cost
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
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VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Illuminated Railing
Ø112"36" TO FFU-CAP
ILLUMINATED
HANDRAIL
238"
Illuminated
Handrail
Option
iRAIL POD ORIENTATION
OPTIONS
18"
24"
OR 36"
iRAIL POD SPACING
OPTIONS
POD
iRAIL Linear
30° ASYM.
LINEAR
SYM.
LINEAR
iRAIL LINEAR ORIENTATION
OPTIONS
22° ASYM.
POD
SYM. POD
See Viva iRail Railing System
for more info
LED
Illuminated
Top rail
Options
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
VIEW™ILLUMINATED RAILING OPTIONS
For more info: vivarailings.com/products/led-illuminated-railing-system
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#6 Satin is a silver-white finish with relatively short linear directional
polishing lines. This finish is quite common with SS architectural
applications. It is a two-step abrasive polish finish with the equivalent of a
240 grit abrasive.
#8 Mirror is the most reflective finish covered by ASTM Standards.
Produced in a similar way as the #6 finish with further buffing. The grit
lines are much less visible than the #6 finish but can be seen upon close
inspection. The final product is a mirror-like finish.
*#8 Mirror Finish comes at an additional cost to our #6 Finish.
ECM is a new finish offered by VIVA Railings and can be applied to nearly all
of our modular railing systems. This method of electroplated coating offers
an environmentally friendly process that includes an even better abrasion
and weather resistance to our already durable stainless steel railing
systems. Although ECM is only a few microns thick, the bonding process
once applied, is extremely durable, hard and heat resistant, which is a plus
for outdoor modular railing systems.
ECM offers a low maintenance, high durability and one of the best corrosion
resistant materials on the market today. Parts are sealed in an airtight
chamber where a vacuum is created and the negative voltage attracts
the positive ions and inert a gas to create the environment in which the
deposition process occurs.
Powder coating is a dry film process, using finely ground particles of
pigment and resin which are electrostatically charged and sprayed onto
electrically grounded parts to be coated. The charged powder particles
adhere to the parts and are held there until melted and fused into a
uniformly flowing coating in a cure oven. Before coating, the parts must be
pretreated similar to liquid coated parts.
Designed to withstand extreme temperatures, powder-coating protects
against rust and staining, making it a weather-resistant finish for
our stainless steel and aluminum railings. It helps in regards to LEED
requirements and in addition, it meets AAMA specifications.
VIEW™ STRUCTURAL GLASS RAILING SYSTEMS - FINISHING OPTIONS
#6 SATIN - #8 MIRROR ECM POWDER COAT
new fr o m viva railings!
e-colored metallic
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PRODUCT: VIEW™ | INFILL: TEMPERED GLASS
BAYLOR UNIVERSITY PAUL FOSTER
CAMPUS FOR BUSINESS AND INNOVATION
WACO, TX
The Hankamer School of Business was designed with
gorgeous oak trim bevelled details, conference rooms
and study areas that appear to be suspended in the
air! Inspiration, determination and perseverance all
reside within the minds of the students that seek a
business degree at Baylor University. With VIVA's VIEW™
Railing System, students can enjoy the full atmosphere
that surrounds the 2,000 square foot facility while still
complementing the architecture seamlessly.
Project Details:
Location: Waco, TX
General Contractor: Flintco, L.L.C.
Architect: Overland Partners
Finish: #6 Satin Stainless Steel
Project Scope: 2331 Linear Feet of Railings
Infill: Clear Tempered Glass w/ Etched Band
Design & Installation Hours: 3000
LEED Gold Certified
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PRODUCT: VIEW™ | INFILL: TEMPERED GLASS
AAA HEADQUARTERS
COPPELL, TX
After nearly two years and 250,000 square feet, the new
Triple A’s headquarters in Coppell is the largest single-
tenant office building within the city. The new facility will
house over 100 new jobs and multiple floors of unique
seating areas, a mural with the history of Texas and a 1958
Bel Air Chevy Convertible within the lobby. VIVA's VIEW™
system allows clients to take it all the beautiful architecture
without obstructing the view.
Project Details:
Location: Coppell, TX
General Contractor: StructureTone Southwest
Architect: Corgan Associates
Finish: #6 Satin Stainless Steel
Project Scope: 238 Linear Feet of Railings
Infill: Clear Tempered Glass
Design & Installation Hours: 400
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PRODUCT: VIEW™ | INFILL: TEMPERED GLASS
ST. EDWARDS UNIVERSITY
NATURAL SCIENCES BUILDING
AUSTIN, TX
St. Edwards houses over 20 universities across the globe.
The main campus, featuring the new Natural Sciences
building is AEGB Green Certified and features several large
laboratories and all the latest chemistry equipment. The
building was even constructed so that the natural sunlight
would shine through the majority of the campus. What
better way to see the gorgeous 64,000 sq. ft of space
than with our VIEW™ Railing System. Our tempered glass
shines beautifully with the calming green atmosphere that
surrounds the stairwell.
Project Details:
Location: Austin, TX
General Contractor: DPR Austin
Architect: Moore Ruble Yudell Architects & Planners
Finish: #6 Satin Stainless Steel
Project Scope: 273 Linear Feet of Railings
Infill: Clear Tempered Glass
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PRODUCT: VIEW™ | INFILL: TEMPERED GLASS
ESPLANADE OTONOMY LAB
SAN DIEGO, CA
Esplanade is a 62,000 sq. foot bioscience and vivarium in
the heart of San Diego. The main company housed within
Esplanade is Otonomy, which specializes in medicine for
the Ear. The massive 3 story office and lab features a
gorgeous main stairwell that wraps around from top to
bottom. VIVA's VIEW™ System was the perfect choice to
offer the clearest view for employees walking up and down
the stairs.
Project Details:
Location: San Diego, CA
General Contractor: BNB Builders
Architect: Gensler
Finish: #6 Satin Stainless Steel
Project Scope: 403 Linear Feet of Railings
Infill: Clear Tempered Glass
Design & Installation Hours: 55
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VISIO™
STRUCTURAL GLASS RAILING SYSTEM
Clean and Clear! The Visio System combines the versatility of a base shoe system with
the floating design of a standoff system. This structural glass point supported railing
system makes installation a breeze. Easily adaptable to interior or exterior applications,
open atriums and floating staircases, it is solid favorite!
PRODUCT: VISIO™ | INFILL: GLASS RICHARD J. LEE ELEMENTARY SCHOOL
COPPELL, TX
Visit vivarailings.com/visio for product data, specifications and drawings.
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VISIO™
STRUCTURAL GLASS RAILING SYSTEM
MATERIAL FINISH SIZE / SPACING
CLAMP Stainless Steel (304 or 316)
#6 Satin, #8 Mirror
Clamp @ 4'-0" max. O.C. Spacing for Glass Panels.
Fascia or Top mount.
ECM
Powder CoatSteel
INFILL Glass Clear, Tinted or Frit Min. 1/2" SGP laminated glass¹ or
Min. 5/8" PVB laminated glass
TOP RAIL
Stainless Steel U-Cap #6 Satin, Powder Coat 1" Height U-Cap
Stainless Steel U-Cap with LED ²#6 Satin 1" Height U-Cap with LED LINEAR
Stainless Steel Tube with LED #6 Satin Ø1-1/2" tube with LED LINEAR
HAND RAIL
Stainless Steel Tube #6 Satin, Powder Coat Ø1-1/2" or Ø2" tube
Stainless Steel Tube with LED #6 Satin Ø1-1/2" with LED LINEAR, Ø1-1/2" or Ø2" with LED POD
Wood (Red Oak, Cherry or Maple) ³Unstained Ø2"
Wood (Red Oak, Cherry or Maple) with LED Ø2" with LED LINEAR
(1) IBC 2015 & newer requires railing glass to be laminated. VIVA recommends SGP for exterior
applications.
(3) Other species available upon request.
(2) All LED LINEAR products are ETL certified; ETL mark is proof of product compliance to
North American safety standard.
US
Intertek
CM
LISTE D
Technical Data
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Specifications
TECHNICAL DATA
VISIO™ RAILING SYSTEM - SPECIFICATIONS
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LEVEL 1
0'-0"
HAND RAIL
FINISH FLOOR
LAMINATED GLASS
U-CAP
4'-0" MAX4'-0" MAX
1'-0"
1'-0"
Glass Infill
3'-0"3'-7"LAMINATED GLASS
STRINGERVISIO CLAMP
U-CAP
HAND RAIL
VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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12"
NOM. GAP
2"238"7116"VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
8"
Clear
Monolithic
Clear Laminated
(PVB or SGP)
Colored Laminate
(PVB only)
Bent Tinted Satin
Etched
Ceramic Frit
AVAILABLE GLASS
TYPES:
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
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6"MIN.
Welded @ Embed Plate - $
Detail# ZA-T04
Anchored to Concrete ¹ - $ ²
Detail# ZA-T01 ³
Welded @ Steel Channel - $
Detail# ZA-T03
Embed Plate
(By others)
Mounting Condition, Top Mounted Clamp
3" MIN.5"MIN.5"MIN.5"MIN.(1) Min. 4000 PSI concrete, Typ.
(2) $ to $$$: Indicates mounting type comparative cost
612"
MIN.3"MIN.VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
Anchored to Concrete Slab on Deck - $$
Detail# ZA-T05
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
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6"6"Welded @ Steel Tube - $$
Detail# ZA-F04
Welded @ Embed Plate - $$
Detail# ZA-F02
Mounting Condition, Fascia Mounted Clamp
(1) Min. 4000 PSI concrete, Typ.6"VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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6" Embed Plate
(By others)
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
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VIVA RAILINGS, LLC
1454 HALSEY WAY, CARROLLTON, TX 75007
P: 972-353-8482 F: 972-353-0013
e: info@vivarailings.com www.vivarailings.com
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Illuminated Railing
Ø112"36" TO FFU-CAP
ILLUMINATED
HANDRAIL
238"
Illuminated
Handrail
Option
iRAIL POD ORIENTATION
OPTIONS
18"
24"
OR 36"
iRAIL POD SPACING
OPTIONS
POD
iRAIL Linear
30° ASYM.
LINEAR
SYM.
LINEAR
iRAIL LINEAR ORIENTATION
OPTIONS
22° ASYM.
POD
SYM. POD
See Viva iRail Railing System
for more info
LED
Illuminated
Top rail
Options
VIVA RAILINGS IS NOT RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF ANY BUILDING SYSTEMS OR OTHER MATERIALS NOT FURNISHED BY VIVA RAILINGS. VIVA RAILINGS HAS NO WAY OF KNOWING AND SPECIFICALLY DISCLAIMS WHETHER OR NOT THE BUILDING SYSTEMS TO WHICH VIVA
RAILINGS' PRODUCTS ARE TO BE ATTACHED ARE STRUCTURALLY SOUND OR DESIGNED TO PROPERLY SUPPORT VIVA RAILINGS'S MATERIALS. ANY SUCH DESIGN RESPONSIBILITY BELONGS TO OTHERS FOR WHOM VIVA RAILINGS IS NOT RESPONSIBLE.
THESE DRAWINGS ARE INTENDED FOR THE SOLE USE OF VIVA RAILINGS' CUSTOMER AND THEIR AGENTS FOR THE INSTALLATION OF PRODUCTS FURNISHED BY VIVA RAILINGS. VIVA RAILINGS REMAINS THE SOLE OWNER OF ALL DESIGNS AND INTELLECTUAL PROPERTY CONTAINED WITHIN.
REPRODUCTION AND USE OF THESE DESIGNS FOR ANY OTHER PURPOSE IS FORBIDDEN. SCALES ARE PROVIDED FOR REFERENCE ONLY. FOR PRODUCT INFORMATION AND TECHNICAL SUPPORT, PLEASE CONTACT VIVA RAILINGS.
VISIO™ILLUMINATED RAILING OPTIONS
For more info: vivarailings.com/products/led-illuminated-railing-system
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#6 Satin is a silver-white finish with relatively short linear directional
polishing lines. This finish is quite common with SS architectural
applications. It is a two-step abrasive polish finish with the equivalent of a
240 grit abrasive.
#8 Mirror is the most reflective finish covered by ASTM Standards.
Produced in a similar way as the #6 finish with further buffing. The grit
lines are much less visible than the #6 finish but can be seen upon close
inspection. The final product is a mirror-like finish.
*#8 Mirror Finish comes at an additional cost to our #6 Finish.
ECM is a new finish offered by VIVA Railings and can be applied to nearly all
of our modular railing systems. This method of electroplated coating offers
an environmentally friendly process that includes an even better abrasion
and weather resistance to our already durable stainless steel railing
systems. Although ECM is only a few microns thick, the bonding process
once applied, is extremely durable, hard and heat resistant, which is a plus
for outdoor modular railing systems.
ECM offers a low maintenance, high durability and one of the best corrosion
resistant materials on the market today. Parts are sealed in an airtight
chamber where a vacuum is created and the negative voltage attracts
the positive ions and inert a gas to create the environment in which the
deposition process occurs.
Powder Coated Finishing is a non-toxic industrial finish with incomparable
durability. Applied as a dry powder and then cured and hardened under
heat, a powder-coated finish can be as bright and colorful as paint but is
much more durable. Since the process does not use solvents, emission
problems are eliminated.
Designed to withstand extreme temperatures, powder-coating protects
against rust and staining, making it a weather-resistant finish for
our stainless steel and aluminum railings. It helps in regards to LEED
requirements and in addition, it meets AAMA specifications.
VISIO™ STRUCTURAL GLASS RAILING SYSTEMS - FINISHING OPTIONS
#6 SATIN - #8 MIRROR ECM POWDER COAT
new fr o m viva railings!
e-colored metallic
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RICHARD J. LEE ELEMENTARY SCHOOL
COPPELL, TX
Part of Coppell Independent School District, Lee
Elementary's new campus houses solar panels and recycle
materials to be as environmentally friendly as possible.
Featured in D Magazine, Coppell ISD's newest building
is the very first to be a 'net-zero' energy school in Texas.
Housing our VISIO™ line along the stairwell and second
floor balcony, the all stainless steel system that provides
a unique look without the typical top to bottom railing
structure.
Project Details:
Location: Dallas, TX
General Contractor: Balfour Beatty
Architect: Stantec Group
Finish: #6 Satin Stainless Steel
Project Scope: 1335 Linear Feet of Railings
Infill: Clear Tempered Glass
Design & Installation Hours: 1770
LEED Gold Certified
PRODUCT: VISIO™ | INFILL: TEMPERED GLASS V
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PRODUCT: VISIO™ | INFILL: TEMPERED GLASS
AAA HEADQUARTERS
COPPELL, TX
After nearly two years and 250,000 square feet, the new
Triple A’s headquarters in Irving is the largest single-tenant
office building within the city. The new facility will house
over 100 new jobs and multiple floors of unique seating
areas and a unique Tripe A sculpture The second floor
features our VISIO™ line to coincide with the VIEW™
system to provide a similar maximum viewing aspect while
having two unique railing systems that work seamlessly
together.
Project Details:
Location: Irving, TX
General Contractor: Structure Tone
Architect: Corgan Associates
Finish: #6 Satin Stainless Steel
Project Scope: 110 Linear Feet of Railings
Infill: Clear Tempered Glass
Design & Installation Hours: 735
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DESIGN + ENGINEER + FABRICATE + INSTALL vivarailings.com9 207
PRODUCT: VISIO™ | INFILL: TEMPERED GLASS
MANOR ISD NEW TECH MIDDLE SCHOOL
MANOR, TX
The Manor ISD New Tech Middle School features a more
hands on, project oriented learning experience. Students
are able to choose how to execute their ideas through
dedicated teachers and a close knit community. Drawing
inspiration from the Sacramento New Tech High School,
students enjoy a one-to-one computer ratio and learn
skills that will help them in college and gain real world
experience. The VISIO™ glass railing is the perfect modern
addition to this contemporary school.
Project Details:
Location: Houston, TX
General Contractor: Joeris General Contractors
Architect: Stantec
Finish: Stainless Steel
Project Scope: 328 Linear Feet of Railings
Infill: 1/2" Clear Tempered Glass
Design & Installation Hours: 526
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Neighborhood Uses
1 - 531 E Cooper (Commercial - Skye Gallery on corner street level)
2 - 525 E Cooper (Commercial, Betula on second floor)
3 - 404 S Galena (Condos - Ralph Lauren on street level)
4 - 500 E Cooper (Commercial - Paradise Bakery on street level)
5 - 508 E Cooper (Commercial/Residential - Bruno Cucinelli on street
level)
6 - 520 E Cooper (Commercial/Residential - Pitkin County Dry
Goods on street level; 520 Grill below street level)
7 - 534 E Cooper (Commercial - Eden Gallery on street level)
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776655
1122
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DRAWING ISSUE
DRAWN BY:
PROJECT No:2108
CPF
HPC MEETING 2022-09-28520 E COOPER AVENUE | ASPEN COASPENHOFAll ideas, designs, arrangements and plans
indicated or represented by this drawing areowned by and are the property of David Johnston
Architects, PC and developed for use and in
conjunction with the specified project. None
of the ideas, designs, arrangements or plans
shall be used by or disclosed for any purposewhatsoever without the written authorization
of David Johnston Architects, PC.
119 South Spring St.
Suite 203
Aspen, CO 81611
970-925-3444
970-920-2186
TEL
FAX
4.4
AWNINGS
Sheet No.1 AWNING DRAINAGE DESIGN
2 ENTRY AWNING DRAINAGE
STEEL AWNING TO PITCH TO
PLANTER AND SHEET FLOW
DOWN STEEL PANEL
STEEL AWNING TO PITCH TO CENTER
GUTTER AT BUILDING FACE
DOWNSPOUNT INTERNAL
TO BRICK CLOLUMN
DRAIN TO PLANTER
DOWNSPOUNT INTERNAL TO
BRICK CLOLUMN
STEEL AWNING TO PITCH TO
PLANTER AND SHEET FLOW
DOWN STEEL PANEL
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 28TH, 2022
Applicant Presentation: Gavin Merlino – Kuullastudio
Mr. Merlino stated that the goal of the application is to replace the front four panel slider which is
pretty dilapidated and doesn’t open very well. It also has a step up to get up and over it. The plan is to
replace it with a more modern four panel slider and bring the threshold down to the actual floor. They
would also like to replace the window on the right side of the building. He showed pictures at different
angles of the exterior of the building. These will match the black trim that is already in place on the
upper part of the building.
Staff Presentation: Sarah Yoon, Historic Preservation Planner
Ms. Yoon started by reviewing the applicant request and details of the building. She showed pictures of
the current conditions and described the details of the slider and window replacement. She sighted
guideline 10.6 and stated that staff believes the changes comply. Staff recommends approval of this
application as proposed.
Ms. Surfas asked about the ADA compliance. Ms. Yoon said that would be something reviewed by the
building department, making sure the threshold would comply.
PUBLIC COMMENT: None.
BOARD DISCUSSION: Mr. Halferty went over the considerations for HPC to discuss. There was no
discussion. Mr. Halferty asked if there was a motion.
MOTION: Ms. Pitchford moved to approve the next resolution in the series. Mr. Moyer seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes. 5-0:
All in favor, motion passes.
520 E. Cooper St – Minor Development Review, Commercial Design Review, PUBLIC HEARING
Ms. Pitchford brought up that her son is a partner with the owner but not in this property. Ms. Johnson
asked if Ms. Pitchford had any direct financial interest in the outcome of the application or this property.
Ms. Pitchford said no. Ms. Johnson also asked if Ms. Pitchford felt she could be impartial, to which Ms.
Pitchford said yes. Ms. Johnson said what was disclosed did not represent a conflict of interest according
to the code.
Ms. Simon apologized for the late packet and accidental omission of the application. She said she had
spoken to Sara Adams and again apologized to her and Mr. Guth.
Applicant Presentation: Sara Adams – Bendon Adams
Ms. Adams mentioned that Brian Beazley (DJ Architects) was on his way with material samples. She then
introduced the application and project and mentioned that she is representing the Aspenhof HOA and
HOA president, Bill Guth. She then described the property as being in the Commercial Core historic
district but is not a contributing structure. She said all HOA member tenants are on board with the
application and proposed changes to the façade.
Ms. Adams went on to describe some of the background of the building, noting that it was built in 1970
and designed by Ted Mularz. She believed this building was not one of his best works and that it is not
on the listed on the AspenModern map. The proposal is to remodel the existing façade, modernizing it a
Exhibit C
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 28TH, 2022
bit. She then went over the prosed changes by showing the existing and proposed line drawings and
renderings. They are proposing to replace the failing triangle windows with flat ones, to remove the
vertical flue and replace some existing materials. There is also a reconfiguration of the Pitkin County Dry
Goods storefront, including new awnings.
Mr. Beazley arrived.
She went over the existing and proposed floor plans and mentioned that the removal of the flue lets
them expand the planter to include a new bench. She also mentioned the change of two windows to
doors on the second floor. She continued to go over proposed changes to the façade including a warm
lime wash of the brick, replacement of the existing stucco with a composite wood, and replacement of
the existing metal railings with clear glass. She described the awning drainage details. She then went
over the design guidelines referenced in the staff memo in detail and how the applicant team
interpreted them in relation to this project. Details of the proposed materials were described, and
samples were shown to board members. She also showed examples of other brick in the downtown
core. The applicant team feels strongly that the building will still be recognizable as the same form and
that the changes relate to what’s already there. Ms. Adams said that they are ok with the resolution that
was included in the packet but would request amendments to the conditions of approval and staff and
monitor approval of the lime wash.
Mr. Fornell asked if the proposed new brick above the Pitkin County Dry Goods space and the proposed
lime washing of existing brick would cause a matching situation. Ms. Adams said they did not have any
concerns about this. Mr. Fornell then asked if any changes were to be made to the north elevation, if
that would come back to HPC, to which Ms. Adams said yes.
Ms. Surfas asked for more details about the glass proposed for the railings. Mr. Beasley said the sample
that was shown was the exact material that would be used. Ms. Surfas then asked if the railing cap
material would be real wood, to which Mr. Beasley said yes. Ms. Surfas asked if the glass proposed to
replace the existing triangle windows the same as proposed for the railing. Mr. Beasley said no and that
it would be a storefront commercial grade window glass.
Ms. Pitchford asked if they could explain why they wanted the triangle windows to go away. Mr. Beasley
went on to explain their dilapidated condition and the difficulties in their maintenance. They still want
to have the natural light and windows to be in the same configuration, but that the current design is not
working for the functionality. Ms. Pitchford said that the original triangle design seems to be a signature
part of the building and asked if there was any consideration to keeping the original design. Mr. Beasley
said they had looked into keeping it just on the face, but it just wasn’t working. Ms. Pitchford then asked
(not directed to the applicant) if this building would in the future choose to be landmarked as
AspenModern if the removal of the triangle windows would affect that. Mr. Halferty said they could
address that in staff’s presentation. Ms. Pitchford asked if the limewash in any way would damage and
or keep the brick healthy. Mr. Beasley explained it’s application, that it does not damage the brick and
that it can be completely taken off if needed.
Mr. Moyer asked if the composite wood materials proposed would be exposed to the weather, to which
Mr. Beasley said yes. Mr. Moyer asked if the material had been used enough to know that it won’t self-
destruct. Mr. Beasley described the material and mentioned it had a 50-year warranty. Mr. Moyer asked
if the composite wood materials would be installed over the existing stucco, to which Mr. Beasley said
that was yet to be determined. Mr. Moyer asked a few questions about the durability of the wood
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railing cap material. He then asked about the slope of the awnings. Mr. Beasley went over the details of
the awning slopes. Mr. Moyer asked about the current condition of the existing brick. Mr. Beasley said
there may be some type of sealant that might need to be removed before applying the lime wash. Mr.
Moyer asked a few questions about the application and make-up of the lime wash. Ms. Adams said it is
hard because they can’t do any testing on its application until they get approval of the concept of using
lime wash.
Ms. Surfas asked if the applicant is planning on adding the horizontal relief elements on the brick as seen
in the renderings. Mr. Beasley said they were planning on these to pay homage to the many historic
horizontal elements in the façade.
Mr. Halferty asked about the fire rating of the windows proposed for the stair tower because it is an
egress. Mr. Beasley said they would be able to use fire rated glass. Next Mr. Halferty asked the
reasoning for the two different heights of the vertical window elements. Mr. Beasley said again it was
intended to tie into the other horizontal elements in the building. Mr. Halferty asked if the proposed
routering of the brick will cause any further deterioration of the brick. Mr. Beasley said it was an
experiment and if it doesn’t work, they would replace the brick. There was some discussion about the
vertical tower flue regarding its original intent and architecture. Mr. Beasley said he believed it was only
designed there originally out of function and necessity.
Staff Presentation: Amy Simon – Planning Director
Ms. Simon started by going over the difference in required standards versus guidelines when it comes to
Commercial Design Reviews. She then showed a slide of and reviewed the proposed materials. She
mentioned that staff had reached out to the HOA about the potential for AspenModern designation and
encouraged it. While this review does not apply a preservation lens, there are compatibility topics that
should be met in the downtown historic district. She pointed to a guideline that speaks to, when in a
renovation, respecting the underlining character of the building. Ms. Simon said historic or not, this
building has certain architectural statements. She stated that staff does not support the proposed use of
lime wash for several reasons. The preservation staff has been resisting for many years, any kind of
coating applied to masonry for several reason including the possibility of causing deterioration and in
their opinion, the “dumbing” down of the masonry where the distinction between the masonry and the
grout lines gets erased. She noted that the downtown core is predominantly red toned masonry, and
that new or remodeled architecture is to respect that. Staff does not support moving away from that.
She then spoke to the use of the composite wood material and noted that HPC has allowed it to be used
in a residential project on a new construction element, but the guidelines talk about relating to the
materials of the surrounding district and any new materials need to be carefully considered. She noted
that this material is not, to her knowledge, been used in the downtown historic district and asked HPC to
consider this when it comes to the characteristic of the downtown. Ms. Simon said that the proposed
use of clear glass for the railings as opposed to a tinted glass resolves staff’s concerns there. She then
presented a few slides going over mandatory standards and guidelines for materials and described
staff’s related thoughts and concerns. She stated that staff is recommending continuation of this. Staff
does not believe these elements, particularly the lime wash to be something to be pushed to staff and
monitor to resolve.
PUBLIC COMMENT: None.
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 28TH, 2022
Ms. Adams pointed out that one of the guidelines (2.14) Ms. Simon mentioned only requires for two of
the qualities to be met.
BOARD DISCUSSION: Mr. Halferty went over the relevant guidelines for discussion.
Mr. Fornell stated he believed that the mandatory standards are being met and was satisfied with the
lime washing of the brick. He thought that if we like different heights of buildings in downtown why do
we not like different colors of buildings. He appreciates the difference and was willing to approve this as
presented. He thought that if the owners, in changing the color to their satisfaction, actually shorten the
life of the bricks, it is a financial matter for them only.
Ms. Surfas didn’t have any issue with the use of the Trespa (composite wood material), due to its
sustainability. She wasn’t crazy about the horizontal lines on the brick. She thought it was an interesting
update to the building.
Ms. Pitchford didn’t have any issue with the use of Trespa but did have an issue with the brick towers.
She thought the proposed changes really change the feel of the building and referenced guideline 1.35,
which says the design should relate to the existing design and form. She was ok with the lime wash and
materials, but the flattening out of the triangle windows goes against the guideline.
Mr. Moyer was not opposed to the lime wash, providing its real lime wash. He commented on the
addition of composite materials in the downtown. He wasn’t sure if it was good or bad for the
community. He was ok with the removal of the flue tower and thought the building was better off
without the triangle windows.
Mr. Halferty acknowledged that this is a challenge. He supported keeping the flue as it is a vertical
feature that was a design feature. He discussed his thoughts on the required standards versus the
guidelines. He was not sold on the lime washing because of concerns of the ability to take it off without
damaging the brick and that it does not appear in the downtown. He thought the majority of the
application complies with the guidelines, but the challenge for him was the lime wash and the vertical
flue. He thought that the amount of glass railings proposed will alter the appearance. He agreed with
staff that the lime wash would make the brick look more monochromatic and that the entire board
should be voting on the lime wash and not just a monitor. He could support the majority of this project
but thought that the triangle windows were an architectural feature that were intended by the architect
and not a mistake. He would recommend that these stay the same in scale and appearance. He thought
the routering of the brick was an interesting concept, but he had serious concerns.
Mr. Fornell mentioned that there is at least one other building on the block that has glass railings and
not all buildings in the downtown are red brick. He reminded everyone that this is not a historic asset.
Ms. Adams stated the two most important things to make this project happen are the removal of the
flue tower and the lime wash of the brick. They can do the triangle windows and use real wood as
opposed to composite, but the removal of the flue and the lime wash are non-negotiable. She said the
HOA does not want to replace the brick and the City talks about working with what you have and the
best way to do this is to lime wash the brick. She acknowledged that it does aesthetically change what it
looks like, but that this is not a landmark and not one of Ted’s best buildings.
Ms. Simon repeated that the boards main concern here is the historic district.
Mr. Moyer asked if the board could take a straw poll of where the members stood on the various issues.
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As for the flue tower Mr. Fornell, Mr. Moyer, Ms. Pitchford, and Ms. Surfas were ok with the removal of
the tower. Mr. Halferty was in favor of keeping it.
All members were ok with the use of composite wood materials.
Ms. Pitchford, Mr. Fornell and Ms. Surfas were in support of keeping the triangle windows. Other
members did not comment.
Mr. Fornell and Mr. Moyer were ok with the glass railings. Other members did not comment.
Mr. Moyer and Mr. Halferty were against the routering of the brick. Mr. Fornell agreed. No other
members commented.
Mr. Fornell, Mr. Moyer, and Ms. Surfas were ok with the lime wash as long as it did not deteriorate the
brick. Ms. Pitchford would prefer to keep the original brick, but it was more important to keep the
triangle windows. Mr. Halferty was concerned with what the lime washing of this building would do to
the district. Mr. Fornell said he thinks this represents a change of character and considers it a positive.
MOTION: Mr. Fornell motioned to approve the next resolution in the series with added conditions.
Condition #1: That the triangle windows remain or are replaced in kind with the exception of the skylight
feature at the top. Condition #2: The removal of the horizontal routering of the brick. Mr. Moyer
seconded.
Ms. Adams asked for a short break to discuss with her client. The board said OK.
Ms. Adams returned and requested a continuation to October 12th.
There was discussion about how to handle the first motion.
Ms. Adams asked if the HPC approves this resolution with conditions, can the applicant request that
they rescind it at the next meeting. Ms. Johnson said that was correct.
Ms. Yoon asked Ms. Simon the question about the applicant asking the board to rescind the approval.
Ms. Simon responded that she believed a board member who approved the resolution would have to
motion for reconsideration and that it is not at the applicant’s discretion.
Ms. Johnson stated that the way the code is designed is that if a board member has regret or feels that a
wrong decision was made, they can call that issue back up, but not at the request of the applicant.
Mr. Beasley commented on a discussion he had with Mr. Bill Guth over the phone about the details of
the replacement of the triangle windows.
Mr. Fornell moved to rescind his original motion. Mr. Moyer seconded. All in favor, motion passes.
Mr. Moyer moved to continue this item to the October 12th meeting. Ms. Pitchford seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes; 5-0,
motion passes.
ADJOURN: Mr. Moyer motioned to adjourn the regular meeting. Mr. Halferty seconded. All in favor;
motion passes.
____________________
Mike Sear, Deputy City Clerk
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 12TH, 2022
Mr. Moyer agreed with staff on all points and believed the language should not be “can” or “shall” but
rather “will have dynamic glass to be darkened at night”. He would be in support of even stronger
language if possible. He said that if they can change the wording, he would vote in the affirmative and if
they can’t he would vote in the negative.
Ms. Simon showed the resolution as written to allow wording changes and noted that the resolution is
written to only allow the one main skylight and if HPC would like to allow the secondary skylight they
would have to amend the language.
Ms. Thompson appreciated the reduction of skylights and the revisions to the entryways. She would be
interested in understanding how a mechanical airlock would be installed.
MOTION: Ms. Thompson moved to approve the next resolution in the series with revisions to condition
A as follows. The first sentence shall be stricken and the language of the second sentence should read
“The approved skylights will have dynamic glass to be darkened at night and must have a glare coating
as represented in the October 12th, 2022 application”. Mr. Moyer seconded.
Ms. Pitchford wanted to clarify that Ms. Thompson’s motion included approval of the second skylight.
Ms. Thompson said yes.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes.
5-0: All in favor, motion passes.
Ms. Thompson moved to take a 3-minute break. All in favor. Motion passes.
Ms. Thompson restarted the meeting and noted for the record that she had listened to the entire
recording and read the minutes from the previous HPC meeting and was up to speed on the application
packet for the next item on the agenda.
520 E. Cooper St – Minor Development Review, Commercial Design Review, PUBLIC HEARING
CONTINUED FROM SEPTEMBER 28, 2022
Ms. Simon reviewed the status of this application which was continued at the applicant’s request in
order to discuss the proposed conditions of approval with the HOA.
Applicant Presentation: Sara Adams – Bendon Adams
Ms. Adams started by mentioning she would be going over the two options for consideration at this
meeting and not be spending a lot of time going over the details from the last meeting. She then
reviewed the history of the building and the architect Ted Mularz. Next, she reviewed HPC’s feedback
from the last meeting and what aspects received support. These included the triangle windows; bringing
the vertical windows to the ground; no horizontal banding on the brick; the storefront; the removal of
the flue; the proposed materials, awnings, and architectural details. She then showed a picture of the
building in its current condition for reference. She said they have come back with two proposed options
for triangle windows and showed renderings and up-close architectural drawings of the two window
designs. She noted that option #1 cannot be mitered glass and would have to have a metal section to
join the two pieces of glass. She also noted that option #2 was the preferred option of the HOA and
while it is a slightly different kind of window design, still captures the essence of what Ted Mularz was
doing. She then went over each option, showing renderings at different angles of the building façade.
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Moving on, she went over guidelines 1.35 and 2.14 noting that 1.35 was what HPC was most focused on
previously. She finished by noting that staff is recommending option #1 and while the applicant can live
with either option, they would prefer option #2. She asked HPC to consider removing the condition that
there is an onsite mockup for the entire board to review, noting the importance of ordering materials
early and the delays that a full HPC board site visit could cause.
Mr. Bill Guth introduced himself as representing the owner’s association. He thanked Ms. Simon and the
HPC members and said they were excited to enhance this building which is needed due to it not being
maintained as it should have been.
Ms. Thompson asked for the renderings of the two options be show again and asked for some more
details of the window construction on option #2. These were shown and details were given.
Mr. Halferty asked about the differences in the metal cap construction at the top of the windows for
each option. The applicant team described the differences.
Mr. Fornell asked if the applicant preferred option #2 for functional or aesthetic reason. The applicant
said both.
Staff Presentation: Amy Simon – Planning Director
Ms. Simon started by showing the resolution and going over the staff recommendations. She said that
staff is recommending approval as proposed and are supporting option #1, being that it is closest to the
appearance of the existing condition of the windows. She then went over some of HPC’s concerns from
the last meeting regarding the proposed lime wash and use of Trespa composite wood materials. Staff is
requesting a site visit to verify those materials.
Mr. Moyer asked Ms. Simon if staff is now approving the lime wash of the brick. Ms. Simon said she is
repeating the direction of HPC from the last meeting, but that staff is still concerned about adding any
type of new finish to brick, reiterating the importance of a site visit. Mr. Moyer suggested that instead of
a mockup, since the brick flue tower is to be demolished, maybe a section of it could be used to apply
the lime wash for better viewing.
PUBLIC COMMENT: None.
BOARD DISCUSSION: Ms. Thompson again said she had listened to the last meeting and agreed with
where the board landed. She opened it up for member thoughts on the shape of the windows.
Ms. Pitchford appreciated the applicant’s response to their concerns and understood that the current
windows are not functional and need to be replaced. She said she would be ok with either of the two
window design options and is more concerned about the lime wash at the moment.
Mr. Fornell was satisfied with either option and would go with the board majority here. As far as the
lime wash, he said he was not attached to the idea of consistency in the color of brick work in a non-
historic building and that the lime wash was acceptable to him.
Mr. Moyer said he favored option #2 and was fine with all the other issues except the lime wash and
that he was torn on the lime wash, being that it is such a dramatic change to the building. He noted that
the building is non-historic and that he would probably go along with the board majority.
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION OCTOBER 12TH, 2022
Mr. Halferty said he would be favor of option #1 as that was the original design intent. He said he was
torn on the lime wash as there is a good amount of brick, but it is not a historic building. He said a site
visit would help him and that he was still in favor of leaving the brick flue tower. He said he could
support the application with the alterations made and thought it does comply with guidelines 1.35 and
2.14.
There was then some discussion about the possibility and location of a section of the building to be used
for a mockup of the lime wash. Ms. Adams did ask for the Trespa material to be approved so it could be
ordered.
Ms. Thompson said while she didn’t see the sample at the last meeting, she was familiar with the
product and did not have an issue with approving it. She also asked Ms. Adams if it would be acceptable
if a site visit is scheduled at the applicant’s convenience. Ms. Adams and Mr. Guth Mr. Moyer thought
that would be fine.
Mr. Moyer said that the composite wood materials were really an issue. He went on to explain his issues
with using them and mentioned that in his business he has not seen one that hasn’t failed. He said he
was very hesitant to approve any type of composite material.
Ms. Thompson thought Mr. Moyer had some good thoughts on it, but that HPC’s primary focus is on the
aesthetics of the materials and that it was more on the development group to select a material that will
last.
Mr. Halferty suggested that if there is a site visit to see an example of the lime wash that it should be
done on a south facing section of the building as something done on the alley side would not have the
same light.
Mr. Guth voiced some hesitancy about using a south facing section as the full construction may not
happen for some time and didn’t want the sample section to be visible to the street for that long.
Ms. Simon mentioned that at the last meeting it was discussed that the lime wash was removable. There
was then some discussion about the ability to remove the lime wash without leaving a residue.
MOTION: Ms. Thompson moved to approve the next resolution in the series with the following
amendments to the conditions. Condition #1…the window columns as shown in option #2 of the Oct.
12th application be approved. To add a condition that an onsite mockup of the lime wash to be applied
to the masonry shall be coordinated with staff and monitor for board approval prior to construction. Ms.
Pitchford seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes.
5-0: All in favor, motion passes.
ADJOURN: Mr. Fornell motioned to adjourn the regular meeting. Mr. Moyer seconded. All in favor;
motion passes.
____________________
Mike Sear, Deputy City Clerk
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HPC Resolution #16, Series of 2022
Page 1 of 3
RESOLUTION #16, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN
REVIEW FOR THE PROPERTY LOCATED AT 520 E. COOPER, ASPENHOF
SUBDIVISION COMMON AREA, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-24-800
WHEREAS, the applicant, Bill Guth/Aspenhof Condominium Association has requested HPC
approval for Minor Development and Commercial Design Review for the property located at 520
E. Cooper, Aspenhof Subdivision Common Area, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;” and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project’s conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C of the
Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny; and
WHEREAS, for approval of Commercial Design Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval; and
WHEREAS, HPC reviewed the project on September 28, 2022 and continued the hearing to
October 12, 2022. HPC considered the application, the staff memo and public comment, and
found the proposal consistent with the review standards and granted approval with conditions by
a vote of 5-0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and Commercial Design Review for 520 E.
Cooper, Aspenhof Subdivision Common Area, City and Townsite of Aspen, CO as follows:
Section 1: Minor Development and Commercial Design Review.
HPC hereby approves Minor Development and Commercial Design Review for the exterior
remodel on the street-facing south facade as proposed in the application, with the window
columns as shown in Option 2 of the October 12th application. As a condition of approval, an
on-site mock-up of the limewash shall be coordinated with the board prior to construction.
Exhibit D
219
HPC Resolution #16, Series of 2022
Page 2 of 3
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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order. 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 Section
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 final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City of
Aspen, a notice advising the general public of the approval of a site specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in
the following form:
Notice is hereby given to the general public of the approval of a 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: 520 E. Cooper, Aspen, CO, 81611
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
220
HPC Resolution #16, Series of 2022
Page 3 of 3
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 12th day of October,
2022.
Approved as to Form: Approved as to Content:
________________________________ ________________________________
Katharine Johnson, Assistant City Attorney Kara Thompson, Chair
ATTEST:
________________________________
Mike Sear, Deputy City Clerk
221
1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Amy Simon, Planning Director
MEMO DATE: October 31, 2022
MEETING DATE: November 15, 2022
RE: Notice of Call Up, HPC approval for 434 E. Cooper Avenue– Substantial
Amendment
APPLICANT /OWNER:
434 East Cooper Avenue, LLC
REPRESENTATIVE:
Chris Bendon, BendonAdams
LOCATION:
Street Address:
422-434 E. Cooper Avenue
Legal Description:
Lots Q, R, S and the westerly 20.65
feet of Lot P, Block 89, City and
Townsite of Aspen, Colorado
Parcel Identification Number:
PID# 2737-182-16-011
CURRENT ZONING & USE
CC (Commercial Core); Commercial
PROPOSED ZONING & USE:
No change
PROCESS SUMMARY: Certain land use approvals granted by
HPC or P&Z require that Council be notified of the decision
through a brief staff summary. The notification is not a public
hearing and no applicant presentation or public comment has
been accepted in the past. During the Call Up Notice, City
Council may uphold the HPC or P&Z decision. Alternatively,
Council may request more detailed information be provided
through a presentation by staff and the applicant at a future
meeting. After hearing the additional project description,
Council may uphold the boards’ decision or may remand it to
require reconsideration of specific issues at a new public
hearing. HPC’s or P&Z’s decision on remand shall be final.
BACKGROUND: On September 14 and October 12, 2022, HPC
reviewed and then granted a Substantial Amendment to a 2016
approval to construct a new building on the subject property.
The amendment affects the storefronts, the upper floor, and the
roof. The property is located in the Commercial Core Historic
District, where new development is subject to HPC review.
222
2
STAFF RECOMMENDATION: The approval for a new structure on this property is past the period of
Vested Rights, but its validity has been sustained through the submission of a building permit in 2020.
Since that time, permit review has progressed, demolition of the previous structure and excavation of
the basement began, and there has been an extended conversation from the applicant about desired
design amendments. Before the request was allowed to be made to HPC, staff worked to ensure that
the scope of changes was very narrow, as is required when Vested Rights are expired.
The amendments include changes to the design of the ground floor storefronts, changes to upper floor
windows, a very slight form change on the upper level, and the addition of skylights. The height, floor area
and net leasable area for the project are consistent with the 2016 approval. The initial hearing was
continued because after detailed discussion of the project, the board required restudy of the entry doors
on Galena and Cooper, and a reduction of the size, number and impact of the proposed skylights. A
revised application was submitted, was responsive to HPC’s direction, and received approval on October
12th by a unanimous vote of 5-0. HPC required the skylights to be glazed with anti-glare dynamic glass,
which will be darkened at night. Staff recommends Council uphold HPC’s decision.
Comparisons of the approvals are shown below, and in the attached exhibits.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION:
Staff recommends Council uphold HPC’s decision.
Alternative Motion for Call-up
“I move to call-up HPC’s approval for 422-434 E. Cooper Avenue, Substantial Amendment.”
Approved 2016. Image by Modif Architects. Approved 2022. Image by Modif Architects
223
2
CITY MANAGER COMMENTS:
___________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________________________________.
EXHIBITS:
A – Approved renderings and drawings
B – HPC packet October 12, 2022
C – HPC meeting minutes, September 14 (adopted) and October 12, 2022 (draft)
D – Draft HPC Resolution #15, Series of 2022
224
PROPOSED SKYLIGHT DESIGN - 9/28/22
Exhibit A
225
PROPOSED SKYLIGHT DESIGN - 9/28/22 226
227
228
229
PREVIOUSLY APPROVED HPC CURRENT PROPOSAL - SEPT. 28, 2022
VIEW AT CORNER OF COOPER & GALENA
230
CURRENT PROPOSAL - SEPT. 28, 2022 PREVIOUSLY APPROVED HPC - 2018 CURRENT PROPOSAL - SEPT. 28, 2022
VIEW FROM GALENA
231
PREVIOUSLY APPROVED HPC CURRENT PROPOSAL - SEPT. 28, 2022
VIEW FROM COOPER
232
CURRENT PROPOSAL - SEPT. 28, 2022 EAST ENTRY - GALENA SOUTH ENTRY - COOPER
RECESSED DOORS
233
234
235
236
PROPOSED SKYLIGHT DESIGN - 9/28/22 237
LOWER LEVEL RETAIL 'C'
MECH. RM.
STAIR #1
ELEV.
STAIR #2
MECH. RM.
CORRIDOR
LOWER LEVEL RETAIL 'B'
LOWER LEVEL RETAIL 'A'
LOWER LEVEL RETAIL 'D'RETAIL TENANT 'D'
RETAIL TENANT 'C'
RETAIL TENANT 'A'
RETAIL TENANT 'E'
RETAIL TENANT 'B'
CORRIDORELEV.
STAIR #1
STAIR #2ELEC.TRASH AND UTILITY
UP
UP
UP
UP
DN
DN
DN
DN
TENANT 'F'
STAIR #1
ELEV.
STAIR #2MECH. RM.LOBBY
OUTDOOR TERRACE
20'-6"16'-0"16'-0"
20'-6"21'-9"78'-3"110'-6"14'-3"110'-6"21'-9"78'-3"21'-9"3'-8"18'-1"3'-8"18'-1"3'-8"18'-1"3'-8"9'-4"20'-6"3'-9"15'-7"3'-8"34'-9"3'-8"15'-7"3'-8"8'-10"6"100'-0"110'-6"
MEMBRANE ROOF
ELEV
OUTDOOR TERRACE
16'-0"16'-0"21'-9"78'-3"110'-6"14'-3"20'-0"20'-0"
20'-6"90'-0"100'-0"TENANT 'A'
ELEV
STAIR
JAS
LOBBY
ELEV
ELEV
STAIR
STAIR
CORRIDOR
MECH
PUMP100'-0"109'-8"
TENANT 'A'
ELEV
STAIR
JAS
LOBBY
ELEV
ELEV
STAIR
STAIR
CORRIDOR
TRASH
300 SF
MECH
100'-0"110'-8"27'-7"9"3'-9"14'-4"3'-9"18'-10"3'-9"14'-4"3'-9"9'-5"19'-9"18'-7"
9"
3'-9"15'-0"2'-4"19'-6"3'-9"14'-4"3'-9"9'-5"
OPEN TO BELOW
OUTDOOR TERRACE
TENANT 'A'
ELEV
STAIR
JAS
LOBBY ELEV
ELEV
STAIR
STAIR
CORRIDOR
15'-11"100'-0"110'-8"27'-7"72'-5"15'-11"11'-4"422-434 E. COOPER
ASPEN, CO
NTS
422−434 FLOOR PLANS − APPROVED
LOWER LEVEL GROUND FLOOR SECOND FLOOR
NTS
422−434 FLOOR PLANS − PROPOSED
LOWER LEVEL GROUND FLOOR SECOND FLOOR ROOF
WHEELER
VI EWPLAN
F
ELEV
ELEV
ELEV
SKYLIGHT
SKYLIGHT
FIREWALL PER CODE
37'-2"21'-5"16'-8"10'-4"10'-4"110'-8"100'-0"27'-7"72'-5"27.97 27' - 11 1/2"
29.00 29' - 0"
WHEELER VIEW PLAN
2" / 1'-0"
MINIMUM RECOMMENDED
SLOPE AND CURB FOR
WEATHER/DRAINAGEROOF
238
15'-11"
$33529('6287+(/(9$7,21
20'-0"20'-0"
Scale:As indicated
422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED
ASPEN, CO
T.O. SKYLIGHT
+29'-0"T.O. CANOPY
+24'-4"T.O. PARAPET
+26'-10"
T.O. PARAPET (EXT'G)
+14'-11"
/(9(/
/(9(/
72&251,&(
DESIGN UPDATE SUMMARY
72&251,&(
0
/(9(/
/(9(/
3
2
T.O. PARAPET
+17'-0"
T.O. STOREFRONT
11'-0"
T
T.O. PARAPET
+18'-2"
T.O. STOREFRONT
+11'-10"
NOTE: PROPOSED DRAWINGS SHOW EXISTING HISTORIC MASNORY AND FENESTRATION TO REMAIN.
1
2
1 SKYLIGHT REMOVED
2 DOOR RECESSED
SEPT 28, 2022
239
15'-11"
20'-0"
Scale:As indicated
422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED
ASPEN, CO
T.O. SKYLIGHT
+29'-0"
T.O. PARAPET
+18'-2"
T.O. CANOPY
+24'-4"
T.O. STOREFRONT
+11'-10"
DESIGN UPDATE SUMMARY
/(9(/
/(9(/
72&251,&(
72&251,&(
0
/(9(/
/(9(/
3
2
T.O. PARAPET
+17'-0"
T.O. STOREFRONT
11'-0"
T
1 SKYLIGHT REMOVED
2 DOOR RECESSED
1
2
3
3 DOOR HEIGHT LOWERED
SEPT 28, 2022
240
Scale:3/32" = 1'-0"
422-434 E. COOPER06/27/22
HPC-5
Unnamed
ASPEN, CO
SOUTH GRADE
0' - 0"
SECOND FLOOR
16' - 2"
LOWER PARAPET
20' - 0"ADJACENT BUILDINGELEVATOR OVERRUN BEYOND
TRANSFORMER
PAINTED UNIT MASONRY, TYP.10' - 0"8' - 0"8' - 0"
OVERHEAD
SECTIONAL DOOR, TYP.
UPPER PARAPET
25' - 0"
HAND MOLDED
MODULAR BRICK, TYP.
STONE CORNICE
BRICK DETAILING, TYP.
CLEAR INSULATED
GLASS, TYP.
STONE
BASE, TYP.
CUSTOM STEEL
WINDOW FRAMES, TYP.
MASONRY
CHIMNEY
EXPOSED STEEL LINTEL, TYP.
T.O. SKYLIGHT
+29'-0"T.O. STOREFRONT+11'-10"T.O. STOREFRONT
+11'-10"
/(9(/
/(9(/
72&251,&(
ADJACENT BUILDING$33529('NORTH(/(9$7,21
352326('NORTH (/(9$7,21SEPT 28, 2022
APPROVED NORTH ELEVATION - 2016
T.O. SKYLIGHT
27'-11 1/2"
122
241
Page 1 of 3
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: October 12, 2022
RE: 422-434 E. Cooper Avenue–Substantial Amendment to Major Development,
PUBLIC HEARING CONTINUED FROM SEPTEMBER 14, 2022
APPLICANT /OWNER:
434 East Cooper Avenue, LLC
REPRESENTATIVE:
Chris Bendon, BendonAdams
LOCATION:
Street Address:
422-434 E. Cooper Avenue
Legal Description:
Lots Q, R, S and the westerly 20.65
feet of Lot P, Block 89, City and
Townsite of Aspen, Colorado
Parcel Identification Number:
PID #2737-182-16-011
CURRENT ZONING & USE:
Commercial Core, vacant site
PROPOSED ZONING & LAND USE:
Commercial Core. Property to be
developed with a two story building
with a full basement, devoted entirely
to commercial (retail and restaurant)
use.
SUMMARY: On September 14th HPC held a public hearing on
proposed amendments to the 2015 HPC approval granted for a
new building on the subject property. HPC discussed and
continued the review for restudy of the ground floor entries and
the rooftop skylights. A revised application responsive to the
board is attached as Exhibit 1 to this cover memo. The full
packet from the September 14th meeting is attached as Exhibit
2, and minutes from September 14th are Exhibit 3.
The key standards and guidelines are listed on the next page.
Staff finds that the applicant has fully resolved previous
concerns with the doors, such that each façade now features
an appropriately scaled recessed entry.
Regarding the skylights, three of the five proposed at the last
meeting have been eliminated. On the remaining examples,
the applicant is offering the use of “dynamic glass,” which can
be darkened, and a glare coating, which are recommended as
conditions of approval. The applicant has indicated that the
largest skylight is their highest priority. Previously, the majority
of the board was in favor of only one, or no skylights. Staff finds
that the proposed treatment of the glass helps to mitigate
concerns discussed on September 14th and can support the
single skylight over the dining room. The octagonal form
remains an anomaly in the district, but the visibility and impact
of the feature is reduced.
STAFF RECOMMENDATION: Staff recommends approval with
conditions listed in the attached resolution.
EXHIBITS:
Resolution #____, Series of 2022
Exhibit 1- Revised application
Exhibit 2- September 14th HPC packet
Exhibit 3- September 14th draft minutes
Exhibit B
242
Page 2 of 3
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
The following standards and guidelines are key to this review:
Entrances
1.16 Entries that are significantly taller or shorter than those seen historically or that conflict
with the established scale are highly discouraged.
• Transom windows above an entry are a traditional element that may be appropriate in
neighborhoods with 19th century commercial buildings.
• Entries should reflect the established range of sizes within the context of the block. Analyze
surrounding buildings to determine appropriate height for entry doors.
Roof Plane
1.13 Development adjacent to a historic landmark should respond to the historic resource.
• A new building should not obscure historic features of the landmark.
• A new large building should avoid negative impacts on historic resources by stepping down in
scale toward a smaller landmark.
• Consider these three aspects of a new building adjacent to a landmark: form, materials and
fenestration.
• 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 pedestrian scale.
• When choosing to relate to fenestration, use windows and doors that are similar in size, shape,
and proportion to those of the historic resource.
2.3 Development should be inspired by traditional late 19th-century commercial buildings to
reinforce continuity in architectural language within the Historic District. Consider the
following design elements: form, materials, and fenestration. Pick two areas to relate
strongly to the context.
MANDATORY STANDARD
2.9 Recessed entries are required.
• Set a primary entrance back from the front façade a minimum of 4 feet.
• Alternative options that define an entry and reinforce the rhythm of recessed entryways may
be considered.
• For corner lots, primary entries must face front lot line as determined by the Land Use Code
and/or be located in the chamfered corner where applicable.
MANDATORY STANDARD
2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000
square feet, and on the secondary street for corner lots.
243
Page 3 of 3
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
• When relating to materials, use traditional application of materials commonly found in the
Historic District, such as wood, brick and stone, and use similar texture and color to the historic
context.
• When relating to fenestration, large vertical windows on the ground level and punched vertical
openings on upper levels, with a similar solid to void ratio, are appropriate.
• When relating to form, note that rectangular forms are predominant with limited projecting or
setback elements. Most roofs are flat, but some gables are present and these may be a
reference for new design.
2.4 Respect adjacent iconic historic structures.
• Development near historic landmarks may use Pedestrian Amenity design as a transition or
buffer to highlight the importance of adjacent historic structures.
• Use simple architectural details, materials and massing that do not detract from nearby historic
landmarks.
244
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
September 28, 2022
Aspen Historic Preservation Commission
c/o Ms. Amy Simon
Planning Director
City of Aspen
RE: 434 East Cooper Avenue Substantial Amendment Application
Design Resubmission
Dear Commission and Ms. Simon:
Thank you for the feedback and guidance provided during the September 14 HPC meeting. The design team
has adjusted the project based on your feedback and respectfully submits the attached revised design. The
new drawing packet is dated September 28, 2022.
The amendments do not alter the massing, materials, forms, character, or relationship to the adjacent
landmark Red Onion. The approved project was found by the HPC to respond appropriately to the adjacent
landmark and in compliance with the Guidelines. Guideline 1.13 asks new development to respond to an
adjacent landmark structure. Guideline 2.4 asks development to respect adjacent iconic structures. We
believe both of these Guidelines are met. The project has previously demonstrated compliance with the
notion of responding and respecting, and received unanimous approval from the HPC.
The images below compare the approved and proposed
project in relation to the adjacent Red Onion and
conformance with Guidelines 1.13 and 2.4
245
434 E Cooper
Design Resubmission
9-28-22
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Page 2
The revised design provides recessed entries along both Galena and Cooper Streets along with a lowered
entryway. This change responds to HPC input and provides compliance with Guidelines 1.16, 2.9, and 2.10.
The entryways are proportioned consistent with those seen historically and represent a scale which is
compatible with the downtown commercial pedestrian streetscape. Slight adjustments to the commercial
net leasable area will occur, which will be refined during permit review.
The images below show entryways recessed and scaled
appropriately for the downtown pedestrian environment in
conformance with Guidelines 1.16, 2.9, and 2.10.
Guideline 2.3 asks development to relate to and reinforce traditional commercial buildings and reinforce
and existing architectural language. The Guideline suggests a new building to relate to the existing context
through matching two of the following: form, materials, and fenestration. The approved project was found
by HPC to have met this Guideline. The proposed building relates in all three methods. The traditional
strong first floor massing on the property line with commercial store fronts reflects the way downtown
Aspen was developed in the late 19th and early 20th centuries. The proposed brick building reflects the
traditional brick buildings in downtown with craftmanship typical of the era. The traditional storefront
windows, display windows, and upper-floor punched openings reflect the traditional fenestration pattern
of downtown. We believe the design complies with Guideline 2.3.
The images below compare the approved building with the proposed
building and the continued conformance with Guideline 2.3.
246
434 E Cooper
Design Resubmission
9-28-22
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Page 3
The skylight proposal has also been amended to contain two skylights in response to HPC comments
regarding the overall scope of the skylight elements.
The image to the right shows the
revised roofscape
The skylight proposal is less obtrusive than skylights on
other commercial buildings in the immediate area.
Skylights exist on many downtown buildings, including a
large skylight recently approved for the JAS space within
the Red Onion buildng next door.
The two images below show existing skylights in the
downtown (left) and a recently approved skylight on the
JAS / Red Onion building (right).
Guidelines 2.3 and 2.4 were previously cited as conflicting with the previous skylight design. Guideline 2.3
asks new development to relate the traditional development by being consistent with two of three design
aspects – form, materials, and fenestration. This guideline is addressed above and the proposed building is
consistent with traditional forms, with
traditional materials, and with traditional
fenestration. The skylights represent
approximately 15% of the roof area and
utilize the shallowest pitch possible (12:2) to
avoid visibility from pedestrian
vantagepoints. We believe Guideline 2.3 is
met.
The image to the right shows the revised
design from a pedestrian vantagepoint and
compliance with Guideline 2.3
247
434 E Cooper
Design Resubmission
9-28-22
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Page 4
Guideline 2.4 is also addressed above and the approved building along with the minor changes continue to
respect adjacent iconic buildings.
Light trespass was discussed during the prior HPC meeting. A dynamic glass or “smart glass” system is
specified that allows skylight glass to go from transparent to opaque. The technology uses an electric
current which can be programmed to implement various opacities during the day or night. The system can
also be manually manipulated with an approximate 60 second response time. This will allow a standard
program for an opaque setting during nighttime hours while allowing on-site staff to adjust daytime opacity
for varying light conditions.
The image to the right demonstrates the
transparency range of dynamic glass
Still images and video of the glass technology will
be provided during the October 12th hearing. A
sample of the system may be available for a
demonstration.
Light glare was also mentioned during the
previous HPC meeting. The glass can be treated
with a coating to minimize glare. This is common
industry practice and can easily be accomplished.
A large skylight adjacent to the Red Onion building in association with the JAS space was recently approved
by the Historic Preservation Commission. Both staff and the HPC found the skylight in compliance with the
Guidelines, including Guideline 2.3 and Guideline 2.4. Specifically, the large skylight adjacent to the historic
landmark Red Onion was found to relate to the existing architectural context through form, materials, and
fenestration. There is no mention of light trespass or glare in the staff analysis for this comparable skylight
and no conditions of approval related to nighttime use. To our knowledge, no stipulations on other
downtown skylights have been applied.
The design team is committed to complying with the City’s adopted skylight requirements which have been
adopted into the Land Use Code along with utilizing the dynamic glass and glare coating to the extent
required by the HPC.
Thank you for working with the development team over the past few months. We look forward to
presenting these revisions to HPC and to keeping the construction on track.
Kind Regards,
Chris Bendon, AICP
BendonAdams
Exhibits:
K – Plans, Elevations, and Renderings – Updated 9-28-22.
248
THE GALLERY ON
GALENA
MOUNTAIN HOUSE
Exhibit K
Sept. 28, 2022
249
LOWER LEVEL RETAIL 'C'
MECH. RM.
STAIR #1
ELEV.
STAIR #2
MECH. RM.
CORRIDOR
LOWER LEVEL RETAIL 'B'
LOWER LEVEL RETAIL 'A'
LOWER LEVEL RETAIL 'D'RETAIL TENANT 'D'
RETAIL TENANT 'C'
RETAIL TENANT 'A'
RETAIL TENANT 'E'
RETAIL TENANT 'B'
CORRIDORELEV.
STAIR #1
STAIR #2ELEC.TRASH AND UTILITY
UP
UP
UP
UP
DN
DN
DN
DN
TENANT 'F'
STAIR #1
ELEV.
STAIR #2MECH. RM.LOBBY
OUTDOOR TERRACE
20'-6"16'-0"16'-0"
20'-6"21'-9"78'-3"110'-6"14'-3"110'-6"21'-9"78'-3"21'-9"3'-8"18'-1"3'-8"18'-1"3'-8"18'-1"3'-8"9'-4"20'-6"3'-9"15'-7"3'-8"34'-9"3'-8"15'-7"3'-8"8'-10"6"100'-0"110'-6"
MEMBRANE ROOF
ELEV
OUTDOOR TERRACE
16'-0"16'-0"21'-9"78'-3"110'-6"14'-3"20'-0"20'-0"
20'-6"90'-0"100'-0"TENANT 'A'
ELEV
STAIR
JAS
LOBBY
ELEV
ELEV
STAIR
STAIR
CORRIDOR
MECH
PUMP100'-0"109'-8"
TENANT 'A'
ELEV
STAIR
JAS
LOBBY
ELEV
ELEV
STAIR
STAIR
CORRIDOR
TRASH
300 SF
MECH
100'-0"110'-8"27'-7"9"3'-9"14'-4"3'-9"18'-10"3'-9"14'-4"3'-9"9'-5"19'-9"18'-7"
9"
3'-9"15'-0"2'-4"19'-6"3'-9"14'-4"3'-9"9'-5"
OPEN TO BELOW
OUTDOOR TERRACE
TENANT 'A'
ELEV
STAIR
JAS
LOBBY ELEV
ELEV
STAIR
STAIR
CORRIDOR
15'-11"100'-0"110'-8"27'-7"72'-5"15'-11"11'-4"422-434 E. COOPER
ASPEN, CO
NTS
422−434 FLOOR PLANS − APPROVED
LOWER LEVEL GROUND FLOOR SECOND FLOOR
NTS
422−434 FLOOR PLANS − PROPOSED
LOWER LEVEL GROUND FLOOR SECOND FLOOR ROOF
I
F
ELEV
ELEV
ELEV
SKYLIGHT
SKYLIGHT
FIREWALL PER CODE
37'-2"21'-5"16'-8"10'-4"10'-4"110'-8"100'-0"27'-7"72'-5"27.97 27' - 11 1/2"
29.00 29' - 0"
WHEELER VIEW PLAN
2" / 1'-0"
MINIMUM RECOMMENDED
SLOPE AND CURB FOR
WEATHER/DRAINAGEROOF
250
/(9(/
/(9(/
72&251,&(
72&251,&(
/(9(/
/(9(/
/(9(/
352326('6287+(/(9$7,21SEPT 28, 2022
352326('($67(/(9$7,21SEPT282022
Scale:As indicated
422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED
ASPEN, CO
T.O. PARAPET
+18'-2"
T.O. SKYLIGHT
+29'-0"
T.O. SKYLIGHT
+29'-0"
T.O. PARAPET
+18'-10"
T.O. CANOPY
+24'-4"
T.O. CANOPY
+24'-4"
T.O. PARAPET
+26'-10"
T.O. PARAPET (EXT'G)
+14'-11"
T.O. STOREFRONT
+11'-10"
T.O. STOREFRONT
+11'-10"
212
212
8" MINIMUM CURB
HEIGHT PER MFG.
8" MINIMUM CURB
HEIGHT PER MFG.
MIN SLOPE
PER MFG.
MIN SLOPE
PER MFG.
251
15'-11"
$33529('6287+(/(9$7,21
20'-0"20'-0"
Scale:As indicated
422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED
ASPEN, CO
T.O. SKYLIGHT
+29'-0"T.O. CANOPY
+24'-4"T.O. PARAPET
+26'-10"
T.O. PARAPET (EXT'G)
+14'-11"
/(9(/
/(9(/
72&251,&(
DESIGN UPDATE SUMMARY
72&251,&(
0
/(9(/
/(9(/
3
2
T.O. PARAPET
+17'-0"
T.O. STOREFRONT
11'-0"
T
T.O. PARAPET
+18'-2"
T.O. STOREFRONT
+11'-10"
NOTE: PROPOSED DRAWINGS SHOW EXISTING HISTORIC MASNORY AND FENESTRATION TO REMAIN.
1
2
1 SKYLIGHT REMOVED
2 DOOR RECESSED
SEPT 28, 2022
252
15'-11"
20'-0"
Scale:As indicated
422-434 E. COOPER06/15/22 FAR -APPROVED VS PROPOSED
ASPEN, CO
T.O. SKYLIGHT
+29'-0"
T.O. PARAPET
+18'-2"
T.O. CANOPY
+24'-4"
T.O. STOREFRONT
+11'-10"
DESIGN UPDATE SUMMARY
/(9(/
/(9(/
72&251,&(
72&251,&(
0
/(9(/
/(9(/
3
2
T.O. PARAPET
+17'-0"
T.O. STOREFRONT
11'-0"
T
1 SKYLIGHT REMOVED
2 DOOR RECESSED
1
2
3
3 DOOR HEIGHT LOWERED
SEPT 28, 2022
253
Scale:3/32" = 1'-0"
422-434 E. COOPER06/27/22
HPC-5
Unnamed
ASPEN, CO
SOUTH GRADE
0' - 0"
SECOND FLOOR
16' - 2"
LOWER PARAPET
20' - 0"ADJACENT BUILDINGELEVATOR OVERRUN BEYOND
TRANSFORMER
PAINTED UNIT MASONRY, TYP.10' - 0"8' - 0"8' - 0"
OVERHEAD
SECTIONAL DOOR, TYP.
UPPER PARAPET
25' - 0"
HAND MOLDED
MODULAR BRICK, TYP.
STONE CORNICE
BRICK DETAILING, TYP.
CLEAR INSULATED
GLASS, TYP.
STONE
BASE, TYP.
CUSTOM STEEL
WINDOW FRAMES, TYP.
MASONRY
CHIMNEY
EXPOSED STEEL LINTEL, TYP.
T.O. SKYLIGHT
+29'-0"T.O. STOREFRONT+11'-10"T.O. STOREFRONT
+11'-10"
/(9(/
/(9(/
72&251,&(
ADJACENT BUILDING$33529('NORTH(/(9$7,21
352326('NORTH (/(9$7,21SEPT 28, 2022
APPROVED NORTH ELEVATION - 2016
T.O. SKYLIGHT
27'-11 1/2"
122
254
PREVIOUSLY PROPOSED SKYLIGHT DESIGN - 9/14/22 255
PROPOSED SKYLIGHT DESIGN - 9/28/22 256
PROPOSED SKYLIGHT DESIGN - 9/28/22 257
258
259
260
PREVIOUSLY APPROVED HPC CURRENT PROPOSAL - SEPT. 28, 2022
VIEW AT CORNER OF COOPER & GALENA
261
CURRENT PROPOSAL - SEPT. 28, 2022 PREVIOUSLY APPROVED HPC - 2018 CURRENT PROPOSAL - SEPT. 28, 2022
VIEW FROM GALENA
262
PREVIOUSLY APPROVED HPC CURRENT PROPOSAL - SEPT. 28, 2022
VIEW FROM COOPER
263
CURRENT PROPOSAL - SEPT. 28, 2022 EAST ENTRY - GALENA SOUTH ENTRY - COOPER
RECESSED DOORS
264
265
266
267
PREVIOUSLY PROPOSED SKYLIGHT DESIGN - 9/14/22 268
PROPOSED SKYLIGHT DESIGN - 9/28/22 269
Page 1 of 3
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: September 14, 2022
RE: 422-434 E. Cooper Avenue–Substantial Amendment to Major Development,
PUBLIC HEARING
APPLICANT /OWNER:
434 East Cooper Avenue, LLC
REPRESENTATIVE:
Chris Bendon, BendonAdams
LOCATION:
Street Address:
422-434 E. Cooper Avenue
Legal Description:
Lots Q, R, S and the westerly
20.65 feet of Lot P, Block 89, City
and Townsite of Aspen, Colorado
Parcel Identification Number:
PID #2737-182-16-011
CURRENT ZONING & USE:
Commercial Core, vacant site
PROPOSED ZONING & LAND USE:
Commercial Core. Property to be
developed with a two story building
with a full basement, devoted
entirely to commercial (retail and
restaurant) use.
SUMMARY:
The application is to amend the 2015 HPC approval
granted for a new building on the subject property.
STAFF RECOMMENDATION:
Staff recommends that approval is either limited to
acceptable aspects of the proposed ground floor
amendments, or the project is continued for restudy to
clarify the storefront design and to eliminate the skylights
proposed for the roof as they do not meet the design
guidelines.
Site Locator Map: 422-434 E. Cooper
422-
434
270
Page 2 of 3
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
REQUEST OF HPC: The Applicant is requesting the following land use approval:
• Substantial Amendment to Major Development Approval pursuant to Land Use Code
Section 26.415.070.E.2. Associated review processes requiring evaluation are
Commercial Design Review and Growth Management.
The HPC is the final review authority, however, Commercial Design Review is subject to Call-up
Notice by City Council. (Additionally, the review is subject to notice of Call-up due to provisions of
another decision relevant to the project; Council Resolution #109, Series of 2016.)
BACKGROUND:
In September 2015, HPC granted this applicant Conceptual approval and Viewplane Exemption
for a new commercial structure at 434 E. Cooper Avenue, by a 3-2 vote. The approval was called
up for discussion by City Council but not remanded.
At the time of the HPC Conceptual approval, this applicant was also in the process of purchasing
the 9,000 square foot property to the west, which contained the Red Onion, Red Onion offices
and the former vintage poster shop. The purchase was completed and included a valid but then
soon to expire allowance for a redevelopment of that site, include a free-market penthouse no
longer permitted in the zone district. The applicant requested Council extend the Vested Rights
for the project, which led Council to negotiate an amendment that eliminated the free-market
residential unit from the project mix, reduced the scope of the Red Onion related development,
made the poster shop at 422 E. Cooper the circulation column for all development planned to the
east and west of it, and allowed an opportunity for the applicant to change the massing of the 434
E. Cooper development from what was accepted by HPC at Conceptual.
Though staff found the Final Major Development application for 422-434 E. Cooper to be
inconsistent with the architectural vocabulary and form of historic structures in the immediate area,
particularly due to the recessed upper floor on the proposed structure, HPC granted approval on
November 30, 2016. Minutes of the discussion are attached as Exhibit D. Notice of Call Up was
required as part of the Vested Rights extension. Council did Call the project up for detailed
discussion, but ultimately upheld the board’s decision.
The applicant had until May 4, 2020 to submit a complete building permit application, which they
did. The permit was issued on December 7, 2020 and demolition of the previous building and
construction of the foundation began. While the applicant has the right to seek this design
amendment, they must make meaningful progress on actual construction at least every six
months according to the provisions of the 2015 International Building Code or the permit, and the
2016 land use approval, will expire. Extensions are possible at the discretion of the Chief Building
Official. The next deadline to demonstrate progress is Oct. 18, 2022. This amendment does not
necessarily make an argument for progress on the permit, and approval will not restart any clock
on the applicant’s obligations to pursue project completion.
271
Page 3 of 3
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
STAFF COMMENTS AND RECOMMENDATION:
The Municipal Code provides a process for making Insubstantial and Substantial Amendments to
a project approved by the Historic Preservation Commission. In addition to making the distinction
between insubstantial and substantial changes from an HPC perspective (defined in the code),
staff worked with the applicant before this submittal to ensure that the scope of the changes is
within what is permitted for a project that is vested in Municipal Code language that has since
been amended. There are a number of code provisions that were not in place at the time this
project was originally submitted for review in 2015, but which would apply to a new project today.
In order to approach HPC with this Substantial Amendment under the 2015 code (vs. losing the
approval and having to restart the review process under current standards), the applicant was
required to limit their proposal to a scope that does not change the inherent nature, use, massing,
character, dimensions, or design of the project or which changes these attributes in an
inconsequential manner.
Please see Exhibits A, B and C for staff findings on the review. Staff does not find that the relevant
design guidelines are sufficiently met and recommends that approval is either limited to
acceptable aspects of the proposed ground floor amendments, or the project is continued for
restudy to clarify the storefront design and to eliminate the skylights proposed for the roof.
A resolution with recommended conditions of approval is provided, should HPC choose to take
action on September 14th.
ATTACHMENTS:
Resolution #__, Series of 2022
Exhibit A – Historic Preservation Design Guidelines /Staff Findings
Exhibit B – Commercial Design Guidelines/Staff Findings
Exhibit C – Growth Management/Staff Findings
Exhibit D – HPC minutes from Final Review in 2016
Exhibit E – Application
272
HPC Resolution #__, Series of 2022
Page 1 of 5
RESOLUTION #__, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING A SUBSTANTIAL AMENDMENT TO MAJOR DEVELOPMENT
APPROVAL FOR THE PROPERTY LOCATED AT 422-434 E. COOPER AVENUE,
LOTS Q, R, S AND THE WESTERLY 20.65 FEET OF LOT P, BLOCK 89, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-16-011
WHEREAS, the applicant, 434 East Cooper Avenue, LLC, represented by BendonAdams, has
requested review of a Substantial Amendment to Major Development approval for the property
located at 422-434 E. Cooper Avenue, Lots Q, R, S and the westerly 20.65 feet of Lot P, Block
89, PID#2737-182-16-011, City and Townsite of Aspen, Colorado; and
WHEREAS, the subject property is currently excavated, with a foundation for a new structure
partially in place. The property is located in the Commercial Core Historic District and therefore
redevelopment review is within the purview of the Historic Preservation Commission (HPC);
and
WHEREAS, the approval to be amended was granted through HPC Resolution #35, Series of
2016. The resulting Development Order provided Vested Rights through May 4, 2020. A timely
building permit was submitted and is currently in good standing, however the Vested Rights to
construct the project will only be sustained by active pursuit of project construction according to
the provisions of the 2015 International Building Code; and
WHEREAS, according to Municipal Code Section 26.304.070.A, amendments to vested
projects shall be considered either minor in scope or major in scope. Minor amendments shall
continue to be reviewed according to the land use code under which the plan was approved for
the period of statutory vested rights. The Community Development Department applied the code
language provided at Section 26.304.070A.4, and a Code Interpretation issued by the
Community Development Director on April 20, 2020 to determine that the scope of work
represented in this application qualifies as a Minor Amendment; and
WHEREAS, the approval to be amended included a Certificate of Appropriateness for Major
Development, Commercial Design Review and Growth Management. The Municipal Code in
place at the time of initial application for this project in May 2015 defines amendments to a
Historic Preservation Commission approval as Insubstantial or Substantial, and the application of
Section 26.415.070.E.2.a, which states that “all changes to approved plans that materially modify
the location, size, shape, materials, design, detailing or appearance of the building elements as
originally depicted” indicates that the subject application must be approved by the HPC as a
substantial amendment. Municipal Code Section 26.412.080.B similarly indicates that a
substantial amendment to the commercial design review previously granted by HPC is required;
and
WHEREAS, HPC is to review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
273
HPC Resolution #__, Series of 2022
Page 2 of 5
Preservation Design Guidelines and the Commercial, Lodging and Historic District Design
Standards and Guidelines. 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. Because the guidelines are referenced in the Municipal Code, but not codified, this
review is subject to current guidelines, not those in place in May 2015; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended partial approval of the
application, with conditions; and
WHEREAS, HPC reviewed the project on September 14, 2022, considered the application, the
staff memo and public comments, and granted partial approval of the application, with
conditions, by a vote of __ to __.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approvals
The Substantial Amendment is approved with the exception of the proposed changes to upper
floor design, which must adhere to the 2016 representations in their entirety. A revised set of
plans and elevations must be submitted and deemed by the Chair of HPC as the official record of
this approval prior to the signing of this resolution.
This approval shall cause issuance of a revised Development Order pursuant to Municipal Code
Section 26.304.070.B, but shall not effect a new expiration date of the Development Order, or in
any way re-instate the vested rights established by HPC Resolution #35, Series of 2016, which
have expired. In order to sustain the approval granted through HPC Resolution #35, Series of
2016, and the Development Order that provided Vested Rights through May 4, 2020, the
applicant must actively pursue and execute building permit 0055-2020-BCOM, meeting all
requirements for progress as described by the 2015 International Building Code. Should the
permit lapse, the entire approval, including this amendment, shall be invalid.
This amendment qualifies for, and is subject to the separate issuance of an administrative
approval for development within a view plane.
Design and placement of all exterior mechanical equipment requires review and approval by
staff and monitor prior to submittal of building permit.
In the building permit, the applicant must include air curtains or airlocks at all exterior entries as
required by design standards.
All conditions of HPC Resolution #35, Series of 2016, remain in effect, except as amended below
with elimination of conditions #13 and #14, which have since been satisfied:
1. The Transportation Impact Analysis is approved, subject to amendment at building permit
review to address the final calculation of new net leasable area generated by the combined
development at 422 and 434 E. Cooper Avenue. Any revisions to MMLOS and TDM
mitigation and/or net trips to be mitigated through a cash-in-lieu payment shall be approved
by the City of Aspen Engineering Department.
274
HPC Resolution #__, Series of 2022
Page 3 of 5
2. The Public Amenity requirement for 422 E. Cooper Avenue was approved through HPC
Resolution #26, Series of 2012, to be in the form of off-site improvements to the Pedestrian
Malls equal to the mitigation that would otherwise have been required on site. The off-site
improvements shall equal or exceed the value of a cash-in-lieu payment of $90,000,
calculated as $100 x 900 square feet (10% of the lot area). The improvements shall be
subject to review and approval by the City of Aspen Engineering Department and City of
Aspen Parks Department.
3. The Public Amenity requirement for 434 E. Cooper Avenue has been amended from a cash-
in-lieu payment to off-site improvements to the Galena Street right of way, subject to review
and approval by the City of Aspen Engineering Department and City of Aspen Parks
Department. The off-site improvements shall equal or exceed the value of a cash-in-lieu
payment of $90,000, calculated as $100 x 900 square feet (10% of the lot area).
4. HPC has approved the allocation of 7,507 square feet of net leasable area to 434 E. Cooper
subject to the provision of affordable housing credits to be provided and extinguished prior to
the issuance of a building permit.
5. The development approved for the 422 E. Cooper Avenue site appears to result in a credit for
employees generated. Any credit will be calculated at the time of building permit and may
be available to the property for a period not to exceed one year per Section 26.470.130 of the
Municipal Code. Reconstruction rights shall be limited to reconstruction on the same parcel
or on an adjacent parcel under the same ownership.
6. The development approved for the 422 E. Cooper Avenue site appears to reduce the overall
deficit of parking on that property, however this reduction in the existing deficit shall not
create a parking credit that can be applied to development at 434 E. Cooper Avenue or any
other property.
7. The development approved for the 434 E. Cooper Avenue site requires parking mitigation,
which will be in the form of a cash-in-lieu payment to be calculated at the time of building
permit.
8. The brick used for the project is not permitted to be a tumbled brick and the steel pilaster
caps are to be eliminated from the design.
9. Samples of all exterior materials for the development of 422 and 434 E. Cooper Avenue shall
be reviewed and approved by HPC staff and monitor.
10. “Chicken wire glass” has been accepted by HPC in concept for installation in the storefront
transoms and the multi-paned windows on the recessed upper floor. The exact placement of
this material requires review and approval by HPC staff and monitor.
11. The applicant must restudy the storefronts along Cooper Avenue to reduce the size of the
windows in the central bay, for review and approval by HPC staff and monitor.
275
HPC Resolution #__, Series of 2022
Page 4 of 5
12. The project shall be revised to remove all references to early 20th Century architectural styles,
particularly Art Deco and Art Moderne, to be reviewed and approved by HPC staff and
monitor.
13. The applicant shall submit a new package of drawings for review in which all information
presented on the elevations is consistent with the renderings presented at the Nov. 30th, 2016
HPC meeting, to be reviewed and approved by HPC staff and monitor.
14. Upon its effective date, this Resolution shall result in the immediate abandonment of the
previous approvals granted for the redevelopment of 422 E. Cooper Avenue per HPC
Resolution #26, Series of 2012 and HPC Resolution #2, Series of 2014. Specifically, the
applicant agrees to the following:
a) The removal of the free market residential unit from the vested development rights for
422 E. Cooper Avenue. The project will become 100% commercial.
b) The removal from the vested development rights of allowance for the third story. The
resulting building at 422 E. Cooper Avenue will be no more than 2 stories and have a
maximum height of 28 feet- excepting the accommodation of vertical circulation
elements for the coordinated project.
c) Housing mitigation, if new employees are generated, will be required and will be
recalculated at 60% of new net leasable square footage, utilizing affordable housing
credits.
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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
276
HPC Resolution #__, Series of 2022
Page 5 of 5
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of September,
2022.
Approved as to Form: Approved as to Content:
_
_________________ __________________________________
Katharine Johnson, Assistant City Attorney Kara Thompson, HPC Chair
ATTEST:
_____________________________
Mike Sear, Deputy City Clerk
277
Page 1 of 2
Exhibit A
Historic Preservation Design Guidelines
Staff Findings
The following language was in effect at the time of the Conceptual application in May 2015 and
is applicable to this review.
26.415.070.E.2. Substantial amendments.
a) All changes to approved plans that materially modify the location, size, shape, materials,
design, detailing or appearance of the building elements as originally depicted must be approved
by the HPC as a substantial amendment.
e) Staff shall review the submittal material and prepare a report that analyzes the extent
of the changes relative to the approved plans and how the proposed revisions affect
the project's conformance with the design guidelines and other applicable Land Use
Codes. This report will be transmitted to the HPC with relevant information on the
proposed revisions and a recommendation to continue, approve, disapprove or
approve with conditions and the reasons for the recommendation.
f) The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
Preservation Design Guidelines. 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.
Staff Finding: While guidelines adopted for HPC’s use in decision making are referenced in
the code, such as the above citation of the City Historic Preservation Design Guidelines, they
are a tool used in decision making are not codified such that their entire content are regulations
that must be met. HPC is required to apply the guidelines and use their discretion to make a
determination whether an application sufficiently conforms. This application is subject to review
under current guidelines since they are separate from the Municipal Code and subject to
revision.
New Historic Preservation Design Guidelines were adopted in 2016. The document states that
“These design guidelines are specifically for properties listed on the “Inventory of Historic Sites
and Structures,” inside and outside of the historic districts.” The subject property is not listed on
the Inventory, and therefore the current Historic Preservation Design Guidelines do not apply.
(Please note that the application presents and responds to some of these guidelines, but they
are not in fact relevant to the review.)
New guidelines for development in the Commercial Core were adopted in 2017 and will be used
in the evaluation of this application. Per the Commercial, Lodging and Historic District Design
Standards and Guidelines, “a property located within the Main Street Historic District or
Commercial Core Historic District, but not a designated landmark is subject to the applicable
Commercial, Lodging and Historic District Design Standards and Guidelines, but is not subject
278
Page 2 of 2
to the Historic Preservation Design Guidelines.” Staff evaluation of compliance with the
Commercial guidelines is provided at Exhibit B.
279
Exhibit B
Commercial Design Review
Staff Findings
The following language was in effect at the time of the Conceptual application in May 2015 and
is applicable to this review.
26.412.015. Adoption of commercial design guidelines.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those standards contained in
the Commercial, Lodging and Historic District Design Objectives and Guidelines, as amended
by ordinance from time to time by the City Council. At least one (1) copy of the aforementioned
Guidelines shall be available for public inspection at the Community Development Department
during regular business hours.
Staff Response: The Commercial guidelines are referenced in the Municipal Code, but are
not codified and it is recognized that they will be amended periodically. As a result, this
application is to be reviewed according to the guidelines adopted in 2017.
26.412.050. Review Criteria.
An application for commercial design review may be approved, approved with conditions or
denied based on conformance with the following criteria:
A. The proposed development meets the requirements of Section 26.412.060,
Commercial design standards, or any deviation from the standards provides a more appealing
pattern of development considering the context in which the development is proposed and the
purpose of the particular standard. Unique site constraints can justify a deviation from the
standards. Compliance with Section 26.412.070, Suggested design elements, is not required
but may be used to justify a deviation from the standards.
26.412.070. Suggested design elements.
The following guidelines are building practices suggested by the City, but are not
mandatory. In many circumstances, compliance with these practices may not produce
the most desired development, and project designers should use their best judgment.
A. Signage. Signage should be integrated with the building to the extent possible.
Integrated signage areas already meeting the City's requirements for size, etc., may
minimize new tenant signage compliance issues. Common tenant listing areas also
serves a public way-finding function, especially for office uses. Signs should not block
design details of the building on which they are placed. Compliance with the City's sign
code is mandatory
B. Display windows. Display windows provide pedestrian interest and can
contribute to the success of the retail space. Providing windows that reveal inside
activity of the store can provide this pedestrian interest.
280
C. Lighting. Well-lit (meaning quality, not quantity) display windows along the first
floor create pedestrian interest after business hours. Dynamic lighting methods
designed to catch attention can cheapen the quality of the downtown retail environment.
Illuminating certain important building elements can provide an interesting effect.
Significant light trespass should be avoided. Illuminating the entire building should be
avoided. Compliance with the City's Outdoor lighting code, Section26.575.150 of
this Title, is mandatory.
Staff Response: Section 26.412.060 of the commercial design standards addresses Public
Amenity Space and Utility, delivery and trash service provisions, neither of which are to be
meaningfully amended from the previous approval. Regarding suggested design elements, at
this time, no detail regarding signage or lighting of display windows has been provided. The
project does include large ground floor display windows. Though the proportions of the windows
are to be amended, the overall concept remains as approved. Staff does not find that a deviation
from the Commercial design standards is justified by the applicant’s response to Section
26.412.060 or 26.412.070.
B. For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060, Commercial design
standards, to the greatest extent practical. Changes to the façade of the building may be
required to comply with this Section.
Staff Response: This criterion is not applicable.
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that are
to be used in making determinations of appropriateness. The City shall determine when a
proposal is in compliance with the criteria, standards and guidelines. Although these criteria,
standards and guidelines are relatively comprehensive, there may be circumstances where
alternative ways of meeting the intent of the policy objectives might be identified. In such a
case, the City must determine that the intent of the guideline is still met, albeit through
alternative means.
Staff Response: This applicable information is provided below. In the chart, please note that
many standards indicated in yellow represent that there is no meaningful change from the
previous approval, not that the guideline is not applicable.
Staff finds that some of the revisions to the ground floor design are improvements, namely the
increased plate height and narrowing of storefront openings to create a more vertical proportion,
similar to surrounding historic structures. However, some guidelines are not met related to
ground floor entries, particularly 1.16, which does not support the very tall entry door facing
Galena Street near the alley, and 2.9 and 2.10, mandatory design standards that require
recessed entries as are typical of the historic downtown.
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Staff does not support the proposed changes to the upper floor roof plane through the
installation of five skylights. Guidelines 2.3 and 2.4 call for strong continuity with the
predominantly flat roofed forms of the great majority of structures in the historic district,
particularly the landmarks. The skylights and the extent of horizontal and vertical light spill that
will be created is not consistent with the guidelines.
Staff recommends that either limited aspects of the ground floor amendments be
approved, or the project be continued for restudy to clarify the storefront design and
eliminate the skylights.
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General
Site Planning and Streetscape
1.1 All projects shall provide a context study.
• The study should include the relationship to adjacent structures and streets through
photographs, streetscape elevations, historic maps, etc.
1.2 All projects shall respond to the traditional street grid.
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• A building shall be oriented parallel to the street unless uncharacteristic of the area.
Refer to specific chapters for more information.
• Buildings on corners shall be parallel to both streets.
1.3 Landscape elements (both hardscape and softscape) should complement the
surrounding context, support the street scene, and enhance the architecture of
the building.
• This applies to landscape located both on-site and in the public right-of-way.
• High quality and durable materials should be used.
• Early in the design process, consider stormwater best management practices as an
integral part of the landscape design process.
1.4 Where there is open space on a site, reinforce the traditional transition from
public space, to semi-public space to private space.
• This may be achieved through a fence, a defined walkway, a front porch element,
covered walkway, or landscape.
1.5 Maintain alignment of building facades where appropriate.
• Consider the entire block of a neighborhood to determine appropriate building
placement. Carefully examine and respond to the variety of building alignments that
are present.
• Consider all four corners of an intersection and architectural context to determine
appropriate placement for buildings located on corners.
• Consider the appropriate location of street level Pedestrian Amenity when siting a new
building.
1.6 When a building facade is set back, define the property line. Review the context
of the block when selecting an appropriate technique. Examples include:
• A fence which is low in height and mostly transparent so as to maintain openness
along the street.
• Landscaping, though it may not block views of the architecture or a Pedestrian
Amenity space. Hedgerows over 42 inches are prohibited.
• Benches or other street furniture.
Alleyways
1.7 Develop alley facades to create visual interest.
• Use varied building setbacks and/or changes in material to reduce perceived scale.
1.8 Consider small alley commercial spaces, especially on corner lots or lots with
midblock access from the street (See Pedestrian Amenity Section PA4).
• Maximize visibility and access to alley commercial spaces with large windows and
setbacks.
• Minimize adverse impacts of adjacent service and parking areas through materials,
setbacks, and/or landscaping.
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Parking
1.9 Minimize the visual impacts of parking.
• All on-site parking shall be accessed off an alley where one is available.
• Break up the massing of the alley facade, especially when garage doors are present.
• Consider the potential for future retail use accessed from alleys and the desire to
create a safe and attractive environment for cars and people.
• If no alley access exists, access should be from the shortest block length.
• Screen surface parking and avoid locating it at the front of a building. Landscaping and
fences are recommended.
• Consider a paving material change to define surface parking areas and to create
visual interest.
• Design any street-facing entry to underground parking to reduce visibility. Use high
quality materials for doors and ramps and integrate the parking area into the
architecture.
Building Mass, Height, and Scale
1.10 A new building should appear similar in scale and proportion with buildings on
the block.
1.11 A minimum building height difference of 2 feet from immediately adjacent
buildings is required.
• The height difference shall be a minimum of 15 feet wide.
• The height difference should reflect the range and variation in building height in the
block.
• This may be achieved through the use of a cornice, parapet or other architectural
articulation.
1.12 On lots larger than 6,000 square feet, break up building mass into smaller
modules.
• A street level front setback to accommodate Pedestrian Amenity in accordance with
the Pedestrian Amenity Guidelines may be an appropriate method to break up building
mass.
• Building setbacks, height variation, changes of material, and architectural details may
be appropriate techniques to vertically divide a building into modules.
1.13 Development adjacent to a historic landmark should respond to the historic
resource.
• A new building should not obscure historic features of the landmark.
• A new large building should avoid negative impacts on historic resources by stepping
down in scale toward a smaller landmark.
• Consider these three aspects of a new building adjacent to a landmark: form, materials
and fenestration.
• When choosing to relate to building form, use forms that are similar to the historic
resource.
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• 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 pedestrian scale.
• When choosing to relate to fenestration, use windows and doors that are similar in
size, shape, and proportion to those of the historic resource.
Street Level Design
1.14 Commercial entrances shall be at the sidewalk level and oriented to the street.
• Finished floor and sidewalk level shall align for at least 1/2 the depth of the ground
floor where possible. If significant grade changes exist on property, then the project
will be reviewed on a case-by-case basis.
• All buildings shall have at least one clearly defined primary entrance facing the front lot
line, as defined in the Land Use Code. An entrance located within a chamfered corner
is an alternative. (See Commercial Core Historic District).
• If a building is located on a corner lot, two entrances shall be provided; a primary
entrance facing the longest block length and a secondary entrance facing the shortest
block length.
1.15 Incorporate an internal airlock or air curtain into first floor commercial space.
• An airlock or air curtain shall be integrated into the architecture.
• Adding a temporary exterior airlock of any material to an existing building not allowed.
1.16 Entries that are significantly taller or shorter than those seen historically or that
conflict with the established scale are highly discouraged.
• Transom windows above an entry are a traditional element that may be appropriate in
neighborhoods with 19th century commercial buildings.
• Entries should reflect the established range of sizes within the context of the block.
Analyze surrounding buildings to determine appropriate height for entry doors.
1.17 ATMs and vending machines visible from the street are prohibited.
Roofscape
1.18 The roofscape should be designed with the same attention as the elevations of
the building.
• Consolidate mechanical equipment, including solar panels, and screen from view.
• Locate mechanical equipment toward the alley, or rear of a building if there is no alley
access.
• Use varied roof forms or parapet heights to break up the roof plane mass and add
visual interest.
1.19 Use materials that complement the design of the building facade.
• Minimize the visual impact of elevator shafts and stairway corridors through material
selection and placement of elements.
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1.20 Incorporate green roofs and low landscape elements into rooftop design where
feasible.
1.21 Minimize visibility of rooftops railings.
• Mostly transparent railings are preferred.
• Integrating the rooftop railing into the architecture as a parapet or other feature, may
be appropriate considering the neighborhood context and proposed building style.
• Set back the railing a distance that equals or exceeds the height of the railing.
Materials and Details
1.22 Complete and accurate identification of materials is required.
• Provide drawings that identify the palette of materials, specifications for the materials,
and location on the proposed building as part of the application.
• Physical material samples shall be presented to the review body. An onsite mock-up
prior to installation may be required.
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen
historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed for
secondary materials.
1.24 Introducing a new material, material application, or material finish to the existing
streetscape may be approved by HPC or P&Z if the following criteria are met:
• Innovative building design.
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability.
1.25 Architecture that reflects corporate branding of the tenant is not permitted.
Lighting, Service, and Mechanical Areas
1.26 The design of light fixtures should be appropriate to the form, materials, scale,
and style of the building.
1.27 Trash and recycle service areas shall be co-located along an alleyway where one
exists, and screened from view with a fence or door.
• Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use
Code), shall be of sound construction, and shall be no less than 90% opaque, unless
otherwise varied based on a recommendation from the Environmental Health
Department.
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1.28 Design trash and recycle areas thoughtfully and within the style of the building,
with the goal of enhancing pedestrian and commercial uses along alleys.
1.29 Delivery areas shall be located along an alleyway where one exists.
• Shared facilities are highly encouraged.
1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within
the building and/or co-located on the roof.
• Screen rooftop mechanical equipment and venting with a low fence or recess behind a
parapet wall to minimize visual impacts.
1.31 Minimize the visual impacts of utility connections and service boxes.
• Group and discreetly locate these features.
• Use screening and materials that compliment the architecture.
1.32 Transformer location and size are dictated by City and utility company standards
and codes.
• Place a transformer on an alley where possible.
• Provide screening for any non-alley location.
Commercial Core Historic District
Building Placement
2.1 Maintain the alignment of facades at the property line.
• Place as much of a building at the property line as possible to reinforce historic
development patterns.
• A minimum of 50% of the first floor building façade shall be at the property line. This
requirement may be varied by the Historic Preservation Commission based on historic
context or in order to accommodate Pedestrian Amenity (See Pedestrian Amenity
Chapter).
• A minimum of 70% of the first floor building facade shall be at the property line for
properties on a pedestrian mall.
2.2 Consider a 45-degree chamfer for corner lots where appropriate.
• Analyze all four corners of the intersection for compatibility.
• A primary entrance into the building should be through the chamfered corner.
Architecture
2.3 Development should be inspired by traditional late 19th-century commercial
buildings to reinforce continuity in architectural language within the Historic
District. Consider the following design elements: form, materials, and
fenestration. Pick two areas to relate strongly to the context.
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• When relating to materials, use traditional application of materials commonly found in
the Historic District, such as wood, brick and stone, and use similar texture and color
to the historic context.
• When relating to fenestration, large vertical windows on the ground level and punched
vertical openings on upper levels, with a similar solid to void ratio, are appropriate.
• When relating to form, note that rectangular forms are predominant with limited
projecting or setback elements. Most roofs are flat, but some gables are present and
these may be a reference for new design.
Architecture
2.4 Respect adjacent iconic historic structures.
• Development near historic landmarks may use Pedestrian Amenity design as a
transition or buffer to highlight the importance of adjacent historic structures.
• Use simple architectural details, materials and massing that do not detract from nearby
historic landmarks.
2.5 The massing and proportions of a new building or addition should respond to
the historic context.
• Two-story buildings are encouraged. A two-story high one-story element should be
used with finesse and discretion.
• On larger buildings, stepping down to a one-story element within the composition is
appropriate and consistent with the historic pattern of the district.
• Building modules or individual features should generally be tall and narrow in
proportion.
2.6 One-story buildings on lots larger than 6,000 square feet are discouraged.
• This includes buildings that read as “one-story” from the street and have a significant
second floor setback.
• Evaluation of appropriateness should be based on existing context and how the
building fits into the streetscape. Impact on the Historic District, impact on adjacent
landmarks, and other restrictions such as viewplanes will also be considered.
2.7 Buildings on lots larger than 6,000 square feet should incorporate architectural
features that break up the mass.
2.8 Composition of the façade, including choices related to symmetry and
asymmetry, should reflect the close readings of patterns established by the 19th-
century structures.
• The pattern of building widths or bays within a building varies from 20 to 30 feet.
Variety is preferred.
• Provide historic precedent using historic maps and adjacent landmarks to determine
appropriate building width, height, and form. Photographs, dimensional drawings,
figure-ground diagrams, are all examples of tools that can be used to illustrate
precedent.
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• Align architectural details and features with the surrounding context.
First Floor
2.9 Recessed entries are required.
• Set a primary entrance back from the front façade a minimum of 4 feet.
• Alternative options that define an entry and reinforce the rhythm of recessed
entryways may be considered.
• For corner lots, primary entries must face front lot line as determined by the Land Use
Code and/or be located in the chamfered corner where applicable.
2.10 Secondary recessed entrances are required for buildings on lots larger than
6,000 square feet, and on the secondary street for corner lots.
2.11 Maintain a floor to ceiling height of 12 to 15 feet for the first floor and 9 feet for
the second floor.
• The ability to vary this requirement shall be based on demonstration of historic
precedent amongst adjacent landmarks. Storefronts should be taller than the upper
floors.
• The floor to ceiling height of the first floor may be dropped to 9 feet after the first 25
feet of building depth from a street facing facade.
2.12 Maintain an architectural distinction between the street level and upper floors.
• Material changes, placement of fenestration, and architectural details may be
appropriate tools to differentiate between floors.
2.13 Street level commercial storefronts should be predominately transparent glass.
• Window design, including the presence or absence of mullions, has a significant
influence on architectural expression. Avoid windows which suggest historic styles or
building types that are not part of Aspen’s story.
Details and Materials
2.14 Architectural details should reinforce historic context and meet at least two of
the following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
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Page 1 of 2
Exhibit C
Growth Management
Staff Findings
The following language was in effect at the time of the original application in May 2015 and is
applicable to this review.
26.470.100. Calculations.
A. Employee generation and mitigation. Whenever employee housing or cash-in-lieu is
required to mitigate for employees generated by a development, there shall be an analysis
and credit for employee generation of the existing project, prior to redevelopment, and an
employee generation analysis of the proposed development. The employee mitigation
requirement shall be based upon the incremental employee generation difference between
the existing development and the proposed development.
1. Employee generation. The following employee generation rates are the result of the
Employee Generation Study, an analysis sponsored by the City during the fall and
winter of 2012 considering the actual employment requirements of over one hundred
(100) Aspen businesses. This study is available at the Community Development
Department. Employee generation is quantified as full-time equivalents (FTEs) per one
thousand (1,000) square feet of net leasable space or per lodge bedroom.
Zone
Employees Generated per 1,000
Square Feet of Net Leasable
Commercial Core (CC)
Commercial (C-1)
Neighborhood Commercial
(NC)
Commercial Lodge (CL) commercial
space Lodge (L) commercial space
Lodge Preservation (LP) commercial
space Lodge Overlay (LO) commercial
4.7
Mixed-Use (MU) 3.6
Service Commercial Industrial (S/C/I) 3.9
Public1 5.1
Lodge Preservation (LP) lodge units .3 per lodging
Lodge (L), Commercial Lodge (CL), Ski
Base (SKI) and other zone district lodge
.6 per lodging
bedroom 1 For the Public Zone, the study evaluated only office-type public uses, and
this
number should not be considered typical for other non-office public facilities.
Hence, each Essential Public Facility proposal shall be evaluated for actual
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Page 2 of 2
This Employee Generation Rate Schedule shall be used to determine employee generation of
projects within the City. Each use within a mixed-use building shall require a separate
calculation to be added to the total for the project. For commercial net leasable space within
basement or upper floors, the rates quoted above shall be reduced by twenty-five percent
(25%) for the purpose of calculating total employee generation. This reduction shall not apply
to lodge units.
Staff Finding: The approved project was allowed to add 7,507 square feet of net leasable area
to 434 E. Cooper subject to the provision of affordable housing credits to be provided and
extinguished prior to the issuance of a building permit. The estimated number of new employees
generated by the development as of Final Review in 2016 was 29.78, requiring 60% mitigation
amounting to 17.87 employees.
This calculation is affected by the floor level of each building on which net leasable expansion is
occurring. Basements and upper levels are found to generate fewer employees than ground
floor, prime commercial space. The employee generation rates noted above are unchanged in
current code. The redistribution of net leasable space across the floors of the building as
represented in the proposed amendment still amounts to an increase of 7,507 square feet over
what previously existed on the site, but the new estimated number of employees requiring
mitigation based on the adjusted design is 30.44, requiring 60% mitigation amounting to 18.26
employees. This calculation will be finalized at building permit.
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Ms. Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:35pm.
Commissioners in attendance: Kara Thompson, Jeffrey Halferty, Roger Moyer, and Barb Pitchford.
Staff present:
Amy Simon, Planning Director
Natalie Feinberg Lopez, Principal Planner Historic Preservation
Sarah Yoon, Historic Preservation Planner
Kate Johnson, Assistant City Attorney
Mike Sear, Deputy City Clerk
Risa Rushmore, Administrative Assistant II
Ms. Thompson motioned to adjust the meeting agenda to start with New Business. Mr. Moyer
seconded. All in favor, motion passes.
NEW BUSINESS:
422 – 434 E. Cooper Ave. –Substantial Amendment to Major Development, PUBLIC HEARING
Applicant Presentation: Chris Bendon – Bendon Adams
Mr. Bendon started by introducing the project and applicant. He also introduced Jimmy Marcus, the
project manager from M Development. He mentioned that the massing of the project is the same, but
some detail changes have triggered this review by HPC. He then briefly went over the past approvals for
this project. He then showed a few historical pictures of the building. Showing a rendering of the project
approved in 2016 next to the proposed rendering he went over some details of the approved design and
proposed changes. One change was to relocate the main entry to the corner, to which Mr. Bendon
showed some other examples of corner entries in the downtown. He then showed approved and
proposed renderings of the secondary entrance on Galena St. and went over the proposed changes.
Next, he showed some examples of skylights currently in the downtown, going over some of their details
and also mentioned the approved, but yet to be developed skylight feature at the new Jazz Aspen
project at 414-422 East Cooper. Then he went over proposed materials and showed a few examples of
different bricks and a picture of a skylight that was the inspiration for the one proposed for this project.
Mr. Bendon mentioned a letter that the HPC members had received (Exhibit L) from the attorney of a
neighbor to the project. Mr. Bendon went over the concerns of glare and glow that the neighbor
expressed. He said that he had spoken to the neighbor’s attorney and that they would work as a good
neighbor and that the neighbor’s views were important to them. He went on to describe some of the
aspects of the design and benefits it will provide the neighborhood. He then introduced Gary Friedman,
CEO of RH, and Jordan Brown who leads the design team for RH to talk about their design goals for the
building. Ms. Brown and Mr. Friedman spoke to the overall design of the building, what the skylights
bring to the project and what they hope to give back to the community. Mr. Friedman started by sharing
RH’s overall design philosophy and their vision for the project. Renderings of the proposed skylights and
open space between the first and second floors were shown while Mr. Friedman described the details of
the skylight design. Ms. Brown reiterated their desire to be good neighbors with respect to being
mindful dark sky ordinances and controlling their environment to be both beautiful and harmonious
within the place they are.
Exhibit C
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Mr. Bendon then showed a picture taken from Little Nell ski run looking into town which included a
rendering of the proposed building, noting their understanding of how the building appears from the
mountain. He also showed the same view from the mountain into town but as it would appear at night
with lighting from the proposed building and the surrounding area.
Mr. Moyer asked when construction would resume. Mr. Bendon said as soon as they could, but that
there were some decisions to be made regarding this review that translate into structural elements.
Ms. Pitchford asked about comments at the beginning of the presentation regarding the recessed
secondary entry, that it could be address or fixed. She asked, being a significant issue, if anything more
could be explained about that comment. Mr. Bendon explained that in their revised proposal they have
changed from the approved recessed entryway to a flat fenestration, but if important to the HPC they
could adjust on.
Ms. Thompson asked some clarifying questions about modifying their proposed entry way if they
needed to recess it.
Mr. Halferty commented that the proposed changes to make the entryways flush instead of recessed
would add FAR and Mr. Bendon concurred but said it would be nominal. Mr. Halferty then asked if the
night view rendering was an accurate depiction of the lumens that would come from the skylight. Mr.
Friedman said it was pretty accurate.
Mr. Bendon noted that since the secondary entries were mainly intended for egress the flush mounted
design would differentiate them from a primary entrance.
Ms. Thompson asked if the main entrance on the corner would be covered. Ms. Jordan said the door is
slightly recessed but is not covered by an overhang.
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.
Staff Presentation: Amy Simon, Planning Director
Ms. Simon started by going over the history of the approvals of the project. She said that staff has
thoroughly vetted this application and it is an appropriated filed amendment to a standing major
development approval granted by HPC. The amendment does not change the massing or character, nor
is much of a deviation from what was seen before. She then mentioned that new design guidelines were
adopted in 2017 and those are what will be applied here. Next, she went over the differences between
“standards” and “guidelines” for review criteria. She mentioned that staff finds some of the revisions to
the ground floor to be improvements, namely the increased plate height and narrowing of storefront
openings, creating a more vertical proportion and that staff recommends this amendment. She did say
that there are two mandatory standards relating to the entrances that staff finds are not met. One
standard is that both primary and secondary entries be recessed. There is also concern about the height
of the door on the end of the building closet to the alley. The grade slopes there and staff finds the
proposed height of the door is inconsistent with others in the neighborhood. Moving to the upper floor,
she mentioned that staff has not provided a recommendation of support in regard to the skylights,
sighting two guidelines in particular. One being that with the amount of skylights covering enough of the
roof space, staff feels it is moving away from compliance with the characteristics of the downtown. Staff
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
has recommended against approval. There is also a concern that with the upper floor already having a
lot of glazing, combined with the proposed skylights on the roof it will potentially create illumination
that is out of character with the downtown. Overall, staff is in support of the ground floor revisions, but
concerned over the roof plane and recommends HPC either provide a partial approval of aspects they
find in compliance or after discussion continue the hearing to October 12th.
PUBLIC COMMENT: Evan Wyly introduced himself as a neighbor in the Paragon building. He spoke to his
concerns the proposed changes will make regarding the increase in height and potential light pollution.
He also mentioned concern over the glare that could be produced during the day.
Bart Johnson introduced himself as an attorney for Edward Slatkin who lives in the Paragon building. Mr.
Johnson spoke to Mr. Slatkin’s concerns about potential impacts from light pollution at night and glare.
He also mentioned some concern of the potential amount of activity and noise from the upper terrace.
Between the main skylight, that he estimated at over 1,000 square feet, and the 4 other skylights there
is a lot of potential light.
Ms. Johnson closed the public comment and allowed the applicant to respond to staff’s presentation
and public comments.
Mr. Bendon thanked Ms. Simon for her time in working with the applicant team on these iterations. He
then responded to the two standards Ms. Simon brought up regarding the recessed entries and height
of the door on the north end toward the alley. He said the applicant team see those as more detail
oriented and they could be worked on with staff and monitor. He noted that the design team had spent
a lot of time on the skylights thinking about how to make them a beautiful element of the building with
minimal impact to pedestrian view planes. He noted that they are in compliance with the code regarding
the height of the building and that the downtown core does have activity and the building has always
been designed as a commercial space. They do have empathy for the neighbors’ concerns and are
willing to continue to work with neighbors on the glare and glow issues.
Mr. Marcus stated that he doesn’t believe he has even worked with a developer that has been as
painstaking with every detail on a design and taken the amount of time honoring the guidelines. He
spoke to the benefits this building will bring to the community and that the skylight will be a huge
amenity to the town compared to what is usually on most roofs.
Mr. Freidman responded to the concerns of evening noise and light. He said that their restaurants take
last seating at 9:00pm and they don’t have a bar or serve hard alcohol. Regarding the lighting, they only
use dark solar skylights and have low level, extremely dim restaurant lighting.
BOARD DISCUSSION: Ms. Thompson started by agreeing with staff that the entrances should be
recessed to come into compliance with the commercial design requirements. She also did not think it
appropriate to have five skylights but would be ok allowing one skylight and would want to continue the
meeting to hear more from the applicant about the details of the skylight and glass. She then appointed
Mr. Halfety the chair for the rest of the meeting and said she would rejoin the meeting shortly.
Mr. Halferty also agreed with staff regarding the recessed entries. He felt that the skylights work for the
space and that they comply with the guidelines. He agreed with the applicants trying to energize more
roofs as opposed to just having mechanicals. He thought that the glazing and shading of the skylights in
respect to the neighbors could be done with staff and monitor.
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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Ms. Pitchford agreed with staff that the secondary entries need to meet the standards and she could not
support the skylights as they don’t, in her mind meet the guidelines.
Mr. Moyer agreed with staff on the entries and said he was completely opposed to the skylights as
designed. If there is to be a skylight it should be flat and not visible from the street. He was also
concerned about rooftop implements related to the restaurant.
Mr. Bendon said that this may be an item that the applicant would like to continue. He said there are
some aspects that can be taken care of with staff and monitor, but the number, scale and scope of the
skylights could be something they could look at and potentially come back with a slightly amended
proposal. Ms. Simon conferred that the next meeting they could bring this back would be October 12th.
MOTION: Mr. Moyer motioned to continue the hearing to October 12th, 2022. Ms. Pitchford seconded.
Roll call vote: Mr. Moyer, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 4-0; All in favor,
motion passes.
STAFF COMMENTS: Ms. Yoon took the time to inform the Board that she would be leaving the City of
Aspen. She said it has been a great five years and thanked the members for all the help and support they
have provided her.
MINUTES: Mr. Moyer motioned to continue the approval of the minutes from 8/10/22. Ms. Pitchford
seconded. All in favor, motion passes.
PUBLIC COMMENTS: None.
DISCLOSURE OF CONFLICTS OF INTEREST: None.
PROJECT MONITORING: None.
CERTIFICATE OF NO NEGATIVE EFFECT: None.
CALL UP REPORTS: None.
COMMISSION MEMBER COMMENTS: Mr. Moyer stated he was appalled by the “holes in the ground”
and unfinished projects around town. He asked if the Commission could write a letter to City Council
demanding that something be done so that this doesn’t go on in the future. He mentioned several
comments he has received from people in town.
Ms. Johnson noted that this issue came up at the City Council meeting the night before. Many
Councilors shared the same concerns and have directed staff to start putting together some options in
that area. She said that the HPC board could decide to author a letter and submit it to Council as a board
or as individuals. Ms. Simon described some State statutes and City code language that perpetuates
approvals for some length of time and that is what we are seeing at work here.
Ms. Pitchford agreed with Mr. Moyer’s thoughts and wanted to know if there was some action HPC
could make to get some movement on this. She was in support of sending a letter to City Council.
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Mr. Halferty said that he would like to be able to urge City Council on this matter but didn’t want to
push their board’s rights.
Ms. Johnson said in crafting a letter, the board needed to be careful about open meetings law and went
on to explain what can and can’t be done regarding discussions between members.
Mr. Moyer said that after hearing comments, maybe a letter would not be advisable at the moment and
that members should speak to City Council members and staff one on one.
Ms. Pitchford agreed with Mr. Moyer about talking one on one with City Council members and staff and
if after that and some time they don’t feel like things are moving, to discuss at a regular meeting and
potentially write a letter.
ADJOURN: Ms. Pitchford motioned to adjourn the regular meeting. Mr. Moyer seconded. All in favor;
motion passes.
____________________
Mike Sear, Deputy City Clerk
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DISCLOSURE OF CONFLICTS OF INTEREST: None.
PROJECT MONITORING: None.
STAFF COMMENTS: None.
CERTIFICATE OF NO NEGATIVE EFFECT: None.
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 both agenda items.
OLD BUSINESS:
422 - 434 E. Cooper Ave. – Substantial Amendment to Major Development, PUBLIC HEARING
CONTINUED FROM SEPTEMBER 14, 2022
Applicant Presentation: Chris Bendon – Bendon Adams
Mr. Bendon started by stating that he would have to leave the meeting at 5:30pm and that Sarah Adams
of Bendon Adams would stand in if needed. He then reviewed the prior 2016 approval of the project and
went over the resubmission of the application reflecting adjustments made from the September 14th
meeting. One of the adjustments made was in response to Guidelines 2.9 and 2.10 regarding recessed
entryways. He noted that in the last meeting Ms. Pitchford called out that the entryways on both the
Galena and Cooper sides were not proposed to be recessed. Mr. Bendon showed a few slides of the
changes made from the last meeting to recess both entryways and noted that staff’s memo mentions
that they do now comply with the two guidelines for recessed entryways. He went on to discuss the
skylights and first showed a rendering of the skylight layout proposed at the last meeting and noted that
there were mixed opinions from commissioners regarding guidelines 2.3 and 2.4 regarding skylights. He
then showed a few examples of existing skylights in the core and talked to the benefits they have. Next,
he showed a rendering of the roof of the building referencing the redesign and reduction of the number
of skylights made since the last meeting from five to two. This showed the main larger skylight and an
additional second skylight remaining. He went over the benefits and reasoning for both skylights that
they kept in the design, mainly being to bring light into all levels of the building. He mentioned that since
the secondary skylight is set back so significantly that any concerns of pedestrian viewpoints were
lessened. Addressing commissioners’ concerns of nighttime glow in the last meeting, he showed a
rendering of what they expect the nighttime conditions to be. He then showed an actual picture of a
building the applicant had built in Napa where there were similar concerns of nighttime glow. They are
intending to use a type of product called dynamic glass which is a new technology that allows the glass
to go from clear to almost a limo glass. He showed a picture of samples of the glass in three different
tint levels and then showed a video of the glass as it changes noting that the darkest tint is about a 98 or
99 percent opacity. He mentioned the product is controlled by a computer program that has many
different timing options. Referencing concerns from neighbors about glare, he said they would be using
an anti-glare coating. He mentioned that the design team used the very lowest pitch possible for the
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skylight so that it would not show from pedestrian viewpoints and showed renderings from ground
level. He finished by saying they are looking for HPC’s support of the entryway changes and the skylight
plan.
Ms. Thompson asked if a sidewalk is in their scope of redevelopment and what the material would be in
the recessed area of the entryways. Mr. Bendon said that there is a pedestrian enhancement
requirement that is being handled in part by a fee-in-lieu and that saved pavers from the Cooper Mall
would be used in the recessed entry on Cooper and that the entry on Galena would be an extension of
the pavement of the sidewalk.
Mr. Moyer asked what the roof materials would be and if the mechanicals on the roof would be visible
from the street. Mr. Bendon said the material would be a built-up membrane and that they specifically
pushed the mechanicals toward the back of the building to avoid being seen from the street. Mr. Moyer
asked about the longevity of the glare coating on the glass. The applicant team said it would extend to
the lifetime of the product. Ms. Thompson said she believed it was applied between the panes and not
on the exterior.
Mr. Halferty asked about the dynamic glass details. Mr. Bendon went over the options of how the
program works to change the opacity.
Mr. Fornell asked about the powering of the dynamic glass. Mr. Bendon said the product they are
proposing uses electricity to effect the change. Mr. Fornell then asked if there were skylights proposed
in the 2016 plan and approval. Mr. Bendon said there were not and described the design evolution. Mr.
Fornell asked if the reduction of skylights was in response to neighbor concerns. Mr. Bendon said it was
in response to both neighbor concerns and HPC’s discussion.
Ms. Pitchford asked if the secondary smaller skylight would use the same dynamic glass. Mr. Bendon
said yes.
Staff Presentation: Amy Simon – Planning Director
Ms. Simon started by presenting the proposed resolution and went over the staff recommendations.
Staff finds that the concerns over the recessed entries have been met and that the reduction in skylights
and use of dynamic glass has helped to address concerns that HPC has mentioned. She stated that staff
would have no way to enforce how the dynamic glass is used. She said that staff is supporting the
redesign of the application and went over the conditions of approval in the resolution noting that three
conditions had been stuck from the previous resolution since they had been resolved.
Ms. Thompson asked Ms. Simon to go over condition #8 regarding the brick to be used. Ms. Simon said
in 2016 HPC had not allowed the use of a tumbled brick and had required the steel pilaster caps to be
removed. They are now proposed to be brick.
Mr. Halferty asked about the use of airlocks. Ms. Simon described what is allowed and noted that
exterior “tents” were not allowed to achieve an airlock at entries. Mr. Halferty questioned why staff
could not enforce the use of the dynamic glass. Ms. Johnson noted that it may be outside of staff’s
capacity to enforce when it is used, but it would still have to comply to the provisions of the lighting
code.
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Mr. Fornell asked Ms. Simon about the difference between “up-lighting” and skylights. Ms. Simon
responded that there are certain requirements that individual light fixtures cannot be pointed towards
the sky but there is no prohibition on skylights.
PUBLIC COMMENT:
Jim Horowitz – Founder, President, and CEO of Jazz Aspen Snowmass.
Mr. Horowitz described the planned JAS multiuse facility for performance, education, special events and
recording located adjacent to the RH building and above the Red Onion. On behalf of the board of
directors and staff of JAS, he urged the HPC to give the full approvals needed to begin construction on
the RH gallery and rooftop restaurant. He described the benefits of the project and gave support to RH’S
intent for the space.
Mr. Bart Johnson – Attorney representing a neighbor of the project.
Mr. Johnson stated that while the neighbor sees the skylight changes as an improvement, he remains
concerned about it. He spoke about the comparison of the skylight on the neighboring building that Mr.
Bendon pointed out and the proposed skylight on this project. He noted Ms. Simon’s comment of the
ability to enforce the use of the dynamic glass. He asked that if HPC approves the resolution that they
include language to give the City more teeth to enforce it’s use. He made some suggestions to this
effect.
Ms. Adams addressed the enforcement comments. She referenced section #2 of the resolution, Material
Representations, which talks about all material representations made by the applicant as being
incorporated into the approval. She stated that the applicant is representing that the very expensive
glass will be used as intended will be darkened in order to not have light spill at night.
Ms. Simon responded that she still thought it would be difficult to enforce and said that if something
clearer wanted to be included in the resolution, like a specific time to darken the glass, then HPC could
do that.
Ms. Adams said that the applicant and building owner want to be good neighbors and are willing to
work with the neighbors and community.
BOARD DISCUSSION: Ms. Thompson went over the items for discussion, including the skylights and the
recessed entries.
Mr. Halferty said he believed that guidelines 2.3 and 2.4 were met and he had no issues with this
proposal and would be voting in the affirmative. He wanted to adhere to the neighbor’s concerns but
felt the applicant has expressed a willingness to be neighborly. He was in support of the resolution as
written.
Mr. Fornell said he was very happy with what the applicant has done and was satisfied that they have
made an effort to accommodate the concerns of the neighbors. He suggested that the wording “can be
used” could be changed to “shall be used” when talking about the use of the dynamic glass in the
resolution and added that sunset could be used as a general time for it to be implemented.
Ms. Pitchford agreed with Mr. Fornell and Ms. Thompson and appreciated Mr. Johnson’s comments and
the applicant’s compliance with the recessed entryways. She thought the skylight was very large and
would feel more comfortable in the approval process if the language in the resolution was tighter and
liked the idea of using the word “shall”.
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Mr. Moyer agreed with staff on all points and believed the language should not be “can” or “shall” but
rather “will have dynamic glass to be darkened at night”. He would be in support of even stronger
language if possible. He said that if they can change the wording, he would vote in the affirmative and if
they can’t he would vote in the negative.
Ms. Simon showed the resolution as written to allow wording changes and noted that the resolution is
written to only allow the one main skylight and if HPC would like to allow the secondary skylight they
would have to amend the language.
Ms. Thompson appreciated the reduction of skylights and the revisions to the entryways. She would be
interested in understanding how a mechanical airlock would be installed.
MOTION: Ms. Thompson moved to approve the next resolution in the series with revisions to condition
A as follows. The first sentence shall be stricken and the language of the second sentence should read
“The approved skylights will have dynamic glass to be darkened at night and must have a glare coating
as represented in the October 12th, 2022 application”. Mr. Moyer seconded.
Ms. Pitchford wanted to clarify that Ms. Thompson’s motion included approval of the second skylight.
Ms. Thompson said yes.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes.
5-0: All in favor, motion passes.
Ms. Thompson moved to take a 3-minute break. All in favor. Motion passes.
Ms. Thompson restarted the meeting and noted for the record that she had listened to the entire
recording and read the minutes from the previous HPC meeting and was up to speed on the application
packet for the next item on the agenda.
520 E. Cooper St – Minor Development Review, Commercial Design Review, PUBLIC HEARING
CONTINUED FROM SEPTEMBER 28, 2022
Ms. Simon reviewed the status of this application which was continued at the applicant’s request in
order to discuss the proposed conditions of approval with the HOA.
Applicant Presentation: Sara Adams – Bendon Adams
Ms. Adams started by mentioning she would be going over the two options for consideration at this
meeting and not be spending a lot of time going over the details from the last meeting. She then
reviewed the history of the building and the architect Ted Mularz. Next, she reviewed HPC’s feedback
from the last meeting and what aspects received support. These included the triangle windows; bringing
the vertical windows to the ground; no horizontal banding on the brick; the storefront; the removal of
the flue; the proposed materials, awnings, and architectural details. She then showed a picture of the
building in its current condition for reference. She said they have come back with two proposed options
for triangle windows and showed renderings and up-close architectural drawings of the two window
designs. She noted that option #1 cannot be mitered glass and would have to have a metal section to
join the two pieces of glass. She also noted that option #2 was the preferred option of the HOA and
while it is a slightly different kind of window design, still captures the essence of what Ted Mularz was
doing. She then went over each option, showing renderings at different angles of the building façade.
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HPC Resolution #15, Series of 2022
Page 1 of 5
RESOLUTION #15, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING A SUBSTANTIAL AMENDMENT TO MAJOR DEVELOPMENT
APPROVAL FOR THE PROPERTY LOCATED AT 422-434 E. COOPER AVENUE,
LOTS Q, R, S AND THE WESTERLY 20.65 FEET OF LOT P, BLOCK 89, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-16-011
WHEREAS, the applicant, 434 East Cooper Avenue, LLC, represented by BendonAdams, has
requested review of a Substantial Amendment to Major Development approval for the property
located at 422-434 E. Cooper Avenue, Lots Q, R, S and the westerly 20.65 feet of Lot P, Block
89, PID#2737-182-16-011, City and Townsite of Aspen, Colorado; and
WHEREAS, the subject property is currently excavated, with a foundation for a new structure
partially in place. The property is located in the Commercial Core Historic District and therefore
redevelopment review is within the purview of the Historic Preservation Commission (HPC);
and
WHEREAS, the approval to be amended was granted through HPC Resolution #35, Series of
2016. The resulting Development Order provided Vested Rights through May 4, 2020. A timely
building permit was submitted and is currently in good standing, however the Vested Rights to
construct the project will only be sustained by active pursuit of project construction according to
the provisions of the 2015 International Building Code; and
WHEREAS, according to Municipal Code Section 26.304.070.A, amendments to vested
projects shall be considered either minor in scope or major in scope. Minor amendments shall
continue to be reviewed according to the land use code under which the plan was approved for
the period of statutory vested rights. The Community Development Department applied the code
language provided at Section 26.304.070A.4, and a Code Interpretation issued by the
Community Development Director on April 20, 2020 to determine that the scope of work
represented in this application qualifies as a Minor Amendment; and
WHEREAS, the approval to be amended included a Certificate of Appropriateness for Major
Development, Commercial Design Review and Growth Management. The Municipal Code in
place at the time of initial application for this project in May 2015 defines amendments to a
Historic Preservation Commission approval as Insubstantial or Substantial, and the application of
Section 26.415.070.E.2.a, which states that “all changes to approved plans that materially modify
the location, size, shape, materials, design, detailing or appearance of the building elements as
originally depicted” indicates that the subject application must be approved by the HPC as a
substantial amendment. Municipal Code Section 26.412.080.B similarly indicates that a
substantial amendment to the commercial design review previously granted by HPC is required;
and
WHEREAS, HPC is to review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
Exhibit D
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Page 2 of 5
Preservation Design Guidelines and the Commercial, Lodging and Historic District Design
Standards and Guidelines. 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. Because the guidelines are referenced in the Municipal Code, but not codified, this
review is subject to current guidelines, not those in place in May 2015; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended partial approval of the
application, with conditions; and
WHEREAS, HPC reviewed the project on September 14, 2022 and continued the review to
October 12, 2022 with direction for restudy. At that time the Commission considered the
application, the staff memo and public comments, and granted approval of the application, with
conditions, by a vote of 5-0.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approvals
The Substantial Amendment is approved as proposed with the following conditions.
A. The two approved skylights will be glazed with dynamic glass and will be darkened at night,
as represented by the applicant.
B. This approval shall cause issuance of a revised Development Order pursuant to Municipal
Code Section 26.304.070.B, but shall not effect a new expiration date of the Development
Order, or in any way re-instate the vested rights established by HPC Resolution #35, Series
of 2016, which have expired. In order to sustain the approval granted through HPC
Resolution #35, Series of 2016, and the Development Order that provided Vested Rights
through May 4, 2020, the applicant must actively pursue and execute building permit 0055-
2020-BCOM, meeting all requirements for progress as described by the 2015 International
Building Code. Should the permit lapse, the entire approval, including this amendment, shall
be invalid.
C. This amendment qualifies for, and is subject to the separate issuance of an administrative
approval for development within a view plane.
D. Design and placement of all exterior mechanical equipment requires review and approval by
staff and monitor prior to submittal of building permit.
E. In the building permit, the applicant must include air curtains or airlocks at all exterior entries
as required by design standards.
F. All conditions of HPC Resolution #35, Series of 2016, remain in effect, except as amended
below with elimination of conditions #13 and #14, which have since been satisfied:
1. The Transportation Impact Analysis is approved, subject to amendment at building
permit review to address the final calculation of new net leasable area generated by the
combined development at 422 and 434 E. Cooper Avenue. Any revisions to MMLOS
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HPC Resolution #15, Series of 2022
Page 3 of 5
and TDM mitigation and/or net trips to be mitigated through a cash-in-lieu payment shall
be approved by the City of Aspen Engineering Department.
2. The Public Amenity requirement for 422 E. Cooper Avenue was approved through HPC
Resolution #26, Series of 2012, to be in the form of off-site improvements to the
Pedestrian Malls equal to the mitigation that would otherwise have been required on site.
The off-site improvements shall equal or exceed the value of a cash-in-lieu payment of
$90,000, calculated as $100 x 900 square feet (10% of the lot area). The improvements
shall be subject to review and approval by the City of Aspen Engineering Department and
City of Aspen Parks Department.
3. The Public Amenity requirement for 434 E. Cooper Avenue has been amended from a
cash-in-lieu payment to off-site improvements to the Galena Street right of way, subject
to review and approval by the City of Aspen Engineering Department and City of Aspen
Parks Department. The off-site improvements shall equal or exceed the value of a cash-
in-lieu payment of $90,000, calculated as $100 x 900 square feet (10% of the lot area).
4. HPC has approved the allocation of 7,507 square feet of net leasable area to 434 E.
Cooper subject to the provision of affordable housing credits to be provided and
extinguished prior to the issuance of a building permit.
5. The development approved for the 422 E. Cooper Avenue site appears to result in a credit
for employees generated. Any credit will be calculated at the time of building permit and
may be available to the property for a period not to exceed one year per Section
26.470.130 of the Municipal Code. Reconstruction rights shall be limited to
reconstruction on the same parcel or on an adjacent parcel under the same ownership.
6. The development approved for the 422 E. Cooper Avenue site appears to reduce the
overall deficit of parking on that property, however this reduction in the existing deficit
shall not create a parking credit that can be applied to development at 434 E. Cooper
Avenue or any other property.
7. The development approved for the 434 E. Cooper Avenue site requires parking
mitigation, which will be in the form of a cash-in-lieu payment to be calculated at the
time of building permit.
8. The brick used for the project is not permitted to be a tumbled brick and the steel pilaster
caps are to be eliminated from the design.
9. Samples of all exterior materials for the development of 422 and 434 E. Cooper Avenue
shall be reviewed and approved by HPC staff and monitor.
10. “Chicken wire glass” has been accepted by HPC in concept for installation in the
storefront transoms and the multi-paned windows on the recessed upper floor. The exact
placement of this material requires review and approval by HPC staff and monitor.
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Page 4 of 5
11. The applicant must restudy the storefronts along Cooper Avenue to reduce the size of the
windows in the central bay, for review and approval by HPC staff and monitor.
12. The project shall be revised to remove all references to early 20th Century architectural
styles, particularly Art Deco and Art Moderne, to be reviewed and approved by HPC staff
and monitor.
13. The applicant shall submit a new package of drawings for review in which all
information presented on the elevations is consistent with the renderings presented at the
Nov. 30th, 2016 HPC meeting, to be reviewed and approved by HPC staff and monitor.
14. Upon its effective date, this Resolution shall result in the immediate abandonment of the
previous approvals granted for the redevelopment of 422 E. Cooper Avenue per HPC
Resolution #26, Series of 2012 and HPC Resolution #2, Series of 2014. Specifically, the
applicant agrees to the following:
a) The removal of the free market residential unit from the vested development
rights for 422 E. Cooper Avenue. The project will become 100% commercial.
b) The removal from the vested development rights of allowance for the third story.
The resulting building at 422 E. Cooper Avenue will be no more than 2 stories and have a
maximum height of 28 feet- excepting the accommodation of vertical circulation
elements for the coordinated project.
c) Housing mitigation, if new employees are generated, will be required and will be
recalculated at 60% of new net leasable square footage, utilizing affordable housing
credits.
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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
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HPC Resolution #15, Series of 2022
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APPROVED BY THE COMMISSION at its regular meeting on the 12th day of October,
2022.
Approved as to Form: Approved as to Content:
___________________________________ __________________
Katharine Johnson, Assistant City Attorney Kara Thompson, Chair
ATTEST:
_________________________
Mike Sear, Deputy City Clerk
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MEMORANDUM
TO:Mayor and City Council
FROM:Tyler Christoff, Utilities Director
Ryan Loebach, Senior Project Manager
Cole Langford, Utilities Business Manager
Justin Forman, Utilities Operations Manager
Steve Hunter, Utility Resource Manager
THROUGH:Scott Miller, Public Works Director
Pete Strecker, Finance Director
MEMO DATE:October 31, 2022
MEETING DATE:November 15, 2022
RE:Ordinance #16, Series of 2022 – Changes to Title 25
First Reading
_____
REQUEST OF COUNCIL:Staff requests approval of Ordinance #16, Series of 2022,
representing updates to Title 25—Utilities—of the City of Aspen Municipal Code as
presented during the October 18, 2022 Council work session on 2023 Electric and Water
budgets, rates, and fees.
All proposed amendments and additions to Title 25 of the municipal code have been
highlighted in yellow, shown in Exhibit A.
SUMMARY AND BACKGROUND: Council approved Cost of Service (COS), rates with
a 5-year transition in November of 2018. 2019 water and electric rates represented Year
One of the 5-year transition. 2023 proposed water and electric rates represent Year Five
of the 2018 COS rate study. This transition represents an incremental approach to utility
rate increases. Staff believes this transition meets the functional needs of the utility while
creating sustainable change for our customers.
In March of 2022, Utilities Department went out to bid on a Cost-of-Service Utility Rate
and Business Plan. In July 2022, Council approved contract to Raftelis Financial
Consultants, Inc., for $153,790. The goal of the proposed rate study is to review the
department’s existing cost of service rate structure and thereby continue to provide City
Council with decision support.
DISCUSSION:Raftelis Financial Consultants were contracted in early 2022 to provide a
review of Utility Investment Fees, Electric Community Investment Fees, electric affordable
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housing rates, perform a water rate survey of Colorado water providers, and a water tier
analysis.
2023 Electric and Water Rate Updates
In refining the cost-of-service approach, the department continues to assure that rates
and fees are efficient and equitable throughout customer classes and billing areas. The
narrative below, Exhibit A, and Tables 1-10 outline these proposed rate and fee changes.
2023 Rates --Year Five Electric Utility Cost of Service Rate Proposal
Year Five of the 5-Year COS rates are incorporated in the proposed language for
draft Ordinance #16, (Exhibit A). Applying the Year Five rate adjustments results
in updated average electric utility customer monthly bills. Tables below reflect
theoretical average monthly cost impacts to the various customer classes including
average Aspen residential; senior; ‘luxury’ residential; small commercial; and large
commercial. The intent of these tables (below) is to demonstrate the formularized
monthly change various customer classes may experience in Year 5 of the Utilities
COS transition.
Table 1 – Typical Electric Residential Service
Table 2 – Typical Electric Senior Residential Service
Table 3 – Typical Electric Large/Luxury Residential Service
ELECTRIC UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
kWh Charges $181.09 1.45%$183.72
Availability Charges $44.24 2.0%$45.12
Average Residential - Aspen $225.33 $228.84
200 AMP Service / 1500 kwh (percentage change)1.56%
ELECTRIC UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
kWh Charges $68.29 1.00%$68.98
Availability Charges $30.97 2.0%$31.58
Average Residential - Senior $99.26 $100.56
200 AMP Service / 700 kwh (percentage change)1.31%
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Table 4 – Typical Electric Small Commercial Service
Table 5 – Typical Electric Large Commercial Service
2023 Rates -- Year Five Water Utility Cost of Service Rate Proposal
Year Five of the 2018 approved 5-Year COS rates are incorporated in the
proposed draft Ordinance #16, (Exhibit A). Applying the Year Five rate
adjustments results in the following average water utility customer monthly bills.
Tables below reflect average monthly cost impacts to the various customer classes
including residential (downtown customer); residential (pumped zone customer);
and commercial accounts.The intent of these tables (below) is to demonstrate the
formularized monthly change various customer classes may experience in Year 5
of the Utilities Cost of Service transition.
ELECTRIC UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
kWh Charges $3,376.02 3.29%$3,486.93
Availability Charges $228.04 13.00%$257.68
Luxury Residential - Aspen $3,604.06 $3,744.61
600 AMP Service / 15,000 kwh (percentage change)3.90%
ELECTRIC UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
kWh Charges $1,421.99 1.56%$1,444.13
Availability Charges $52.39 13.00%$59.20
Average Small Commercial - Aspen $1,474.38 $1,503.33
200 AMP Service / 8,000 kwh (percentage change)1.96%
ELECTRIC UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
kWh Charges $3,218.00 1.00%$3,250.18
Demand kW Charges $2,577.31 5.00%$2,706.17
Availability Charges $104.45 15.05%$120.17
Average Large Commercial $5,899.76 $6,076.52
400 AMP Service / 45,000 kwh / 130 kw (percentage change)3.00%
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Table 6 – Typical Water Residential Service
Table 7 – Typical Water Residential (Pumped) Service
Table 8 – Typical Water Commercial Service
Water Utility Investment Charge (Tap Fees)
WATER UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
Water Variable (Consumption)$33.10 5.91%$35.00
Water Demand $16.61 1.31%$16.82
Fire Charge $10.84 12.93%$12.23
Average Residential -- Downtown $60.55 $64.05
2.67 ECUs & 0 Pumps / 10,000 gallons (percentage change)5.78%
WATER UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
Water Variable (Consumption)$200.80 5.91%$212.54
Water Demand $49.76 1.31%$50.40
Fire Charge $32.48 12.93%$36.64
Pump Charge $142.50 9.28%$155.50
Average Residential -- Red Mtn.$425.54 $455.08
4.0 ECUs & 1 Pumps / 50,000 gallons (percentage change)6.94%
WATER UTILITY RATES
2022
AVERAGE
BILL
PROPOSED
RATE CHANGE
2023
AVERAGE
BILL
Water Variable (Consumption)$390.00 5.91%$412.81
Water Demand $56.85 1.31%$57.58
Fire Charge $37.11 12.93%$41.86
Average Commercial $483.96 $512.25
9.14 ECUS & 0 Pumps / 100,000 gallons (percentage change)5.85%
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The City tracks overall community water demand using a system that accounts for
all fixtures connected to Aspen’s water system. Each City water account has an
individual equivalent capacity unit (ECU) rating based on water fixtures, irrigated
area, and other factors indicative of water demand. The water tap fee is charged
to any customer requesting services for new development or expansion of existing
services within the service area. Payment for ECUs or tap fees represents a
customer’s incremental ownership of Aspen’s water system and its associated
capacity. Raftelis Financial Consultants were re-engaged in 2022 to provide a fee
adjustment recommendation based on current Aspen Water Utility fixed asset
replacement costs. The table below outlines the recommended 2023 rates and
associated fee adjustment. These proposed changes are incorporated in the
proposed draft Ordinance #16, (Exhibit A).
Table 9 – Water Utility Investment Charge – 2023 Tap Fees (Per ECU)
Electric Community Investment Fees
The City tracks overall community electric demand using a system that accounts
for all amperage connected to Aspen’s electric system. Each City Electric account
has an individual amperage rating based on electric appliances, lighting, climate
control and other factors indicative of electrical demand. The Electric Community
Investment (ECI) fee is charged to any customer requesting services for new
development and expansion of existing services within the service area and is
measured at each individual electric meter. The ECI provides capital to the Electric
Department to fund the incremental portion of infrastructure needed to deliver
electric services to new or expanded services. The proposed structure ensures
ECI fees are applied proportionally; a higher fee required by customers requiring
a greater share of infrastructure and resources. The table below outlines the
recommended 2023 rates and associated increase. These proposed changes are
incorporated in the proposed draft Ordinance #16, (Exhibit A).
Billing Areas 2022 Per ECU
Rate
2023 Per ECU
Rate % Increase
1 $9,868 $10,855 10.00%
2 $19,736 $21,710 10.00%
3 $19,736 $21,710 10.00%
4 $12,335 $13,569 10.00%
5 $17,269 $18,996 10.00%
6 $19,736 $21,710 10.00%
7 $14,802 $16,282 10.00%
Water Utility Investment Charge - Proposed UIC (2023)
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Table 10 – Electric Community Investment Charge – 2023 Fees
2023 Title 25 Updates
On an annual basis Title 25 of the City’s Municipal Code is reviewed to address emerging
technologies, provide additional clarity, and to deliver updated business practices. Below
is summary of the proposed 2023 updates to Title 25. The narrative below and Exhibit A
outlines these proposed updates.
Utilities Advanced Metering Infrastructure (AMI)
City Utilities requires AMI Technology in all electric and water meter installations.
Advanced Metering Infrastructure, (AMI), technology provides 24/7 consumption
information for both the city utility customer and the utility billing staff. This
information can be used for troubleshooting usage issues, provide account
analysis, and inform conservation programming. AMI meters are read remotely
rather than utilizing personnel to physically visit a home or business on a monthly
basis. Staff believe this industry standard technology greatly improves operational
efficiency and provides customers with near real-time energy use information.
While the benefits of this technology are clear, staff believe it an industry practice
to allow individuals to ‘opt-out’ of this type of meter. Residential property owners
who have accounts in good standing are eligible to ‘opt-out’ of meter installs with
AMI Technology. A monthly opt out fee of $35 will be required to participate in the
program and will cover the cost of staff time, vehicle expense, and annual
maintenance costs associated with a manual meter reading software system.
Electric Community Investment Fee - Proposed ECI Fees (2023)
Panel
Amps
Residential 1
Phase
120/240V
Residential
3 Phase
120/208V
Commercial
1 Phase
120/240v
Commercial
3 Phase
120/208V
Commercial
3 Phase
277/480V
%
Increase
100 $1,726 $3,451 $4,602 $5,175 $11,943 15%
200 $3,452 $6,901 $9,205 $10,351 $19,905 15%
300 $6,904 $11,215 $13,807 $15,526 $35,830 15%
400 $9,205 $14,953 $18,410 $20,702 $47,773 15%
600 $15,034 $24,423 $30,068 $33,811 $78,026 20%
800 $20,045 $32,563 $40,090 $45,082 $104,035 20%
1000 $25,056 $40,704 $50,113 $56,352 $130,043 20%
1200 $30,068 $48,845 $60,136 $67,622 $156,052 20%
1400 $35,079 $56,986 $70,158 $78,893 $182,060 20%
1600 $40,090 $65,127 $80,181 $90,163 $208,069 20%
1800 $45,102 $73,268 $90,203 $101,434 $234,078 20%
2000 $50,113 $81,409 $100,226 $112,704 $260,086 20%
2200 $55,124 $89,549 $110,249 $123,974 $286,095 20%
2400 $60,136 $97,690 $120,271 $135,245 $312,104 20%
2600 $62,842 $102,086 $125,683 $141,331 $326,148 20%
2800 $65,670 $106,680 $131,339 $147,691 $340,825 20%
3000 Plus $68,625 $111,481 $137,249 $154,337 $356,162 20%
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Residential account owners that have not received approval by the Utilities
Department Director to opt-out of the AMI technology and have not upgraded to a
meter with AMI technology on or before January 1, 2023, shall be assessed a
monthly fee of $60.00 per meter on the next monthly utility bill and each monthly
bill thereafter until the account owner for that meter comes into compliance. The
$60 fee is designed to bring our customer base into compliance on mandatory
metering with AMI technology unless owner has submitted an approved opt-out
form for that utility meter. Updates to section 25 of the City’s municipal code
relating to AMI are found in Sec.25.04.047 and Sec.25.16.027 and are outlined in
Exhibit A.
Property Owner Liability for Utility Accounts
On City utility accounts that are ninety (90) days or more past due with the named
customer being a tenant at the subject premise, city reserves the right to revert
such water account into the owner’s name and from that point forward owner shall
be the responsible party on subject water account. Currently Utility Billing staff are
providing a subsidized service for property owners that rent their homes and at
times manage collections for the homeowner. This code change is intended to
address tenant accounts that are consistently delinquent and provide equity for
remaining utility customers in good standing. Updates to section 25 of the City’s
municipal code relating to ownership and utility accounts are found in: Sec.
25.16.023 and Sec. 25.04.046. and are outlined in Exhibit A.
Equivalent Capacity Unit ECU Limits for Residential Parcels
Water utilities provide a critical public function which enable both a lived-in
community and future development. The City’s water services are rated by the
Water Department per the Water Service General Conditions and equivalent
capacity units (ECUs). An equivalent capacity unit (ECU) is a unit of measurement
that reflects part of the capacity of the water system necessary to serve a standard
water customer.
The Water Department recognizes that customers within the Water Billing Areas
represent a wide spectrum of socioeconomic backgrounds. Therefore, Water
Department policies and goals must support equitable access and allocation of
finite water resources for all customers.
The capacity of the Water Utility is finite, and ECUs must be allocated in a manner
which preserves both the limited raw water resource, and which provides equitable
distribution and access of the resource to all community members. To ensure that
City policy is aligned with goals and policies of the City’s GMQS, industry best
management practices for existing and expected future water resources, the City
shall limit residential water accounts to no more than four (4) ECUs. Currently, out
of 2,411 active single family residential water customers, 91% are served with four
(4) or fewer ECUs. Staff believe codifying this limit provides a clear and fair
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expectation for development while respecting the needs of future Aspenites and
the long-term resiliency of the community.
FINANCIAL IMPACTS: Both the Water and Electric departments are enterprise funds
supported solely by our customer base. The proposed rates outlined in Title 25 of the
municipal code support the Utilities revenue stream and support the costs of utility
operation, long range planning, resource development, and sustainability programing.
The financial implications of the proposed electric and water rate adjustments, as well as
the fee adjustments, are outlined in Water and Electric Long-Range Plans and will be part
of the 2023 Budget book at the November first and second reading of Title 25—Utilities—
Ordinance changes.
ENVIRONMENTAL IMPACTS: The electric and water rate structures continue to place
a value on, support, and provide incentive for, conservation and efficiency practices,
programs, and policies.
ALTERNATIVES: Council may request portions of the recommended rate and fee
adjustments be modified during the November 2022 First Reading of Ordinance #16,
Series of 2022, which will become effective January 1, 2023.
RECOMMENDATIONS: Staff requests Council move to adopt Ordinance #16, Series
2022, which will become effective January 1, 2023.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A – Draft Ordinance #16, Series of 2022 – Title 25 - Utilities
-Aspen Municipal
Code
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Exhibit A – ORDINANCE NO. 16
Series 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND
ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES—
SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE – GENERAL PROVISIONS;
25.12 UTILITY CONNECTIONS; 25.16 WATER RATES AND CHARGES; AND 25.30 WATER EFFICIENT
LANDSCAPING STANDARDS.
WHEREAS, the City owns and operates a public electric and water system; and
WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water
system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such
services; and
WHEREAS, the City Council supports electric and water rate structures that place a value on, and
incentive for, conservation and efficiency programs, policies, and improvements; and
WHEREAS, the City Council supports policies and goals for the equitable access and allocation of
finite resources for all customers; and
WHEREAS, the rates outlined in Title 25 of the municipal code support the Utilities revenue stream
and ultimately support the ever-increasing costs of utility operation, long-range planning, resource
development, and sustainability programing.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth Utilities,
is hereby amended, and added to, to read as follows:
Sec. 25.04.035. Electric Community Investment Fee.
The Electric Department must expand the electric system facilities to accommodate new development
without decreasing current reliability and service standards. The Electric Department distributes electricity to the
customers in its service area by means of an integrated and interdependent system-wide network of electric
facilities. The Electric Community Investment (ECI) fee will be charged to any customer requesting services for new
development and expansion of existing services within the service area as measured at breaker size at meter. If
breaker size is not listed in Table below, billing amps are rounded up to next available amperage size shown below.
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The ECI will provide additional capital to the Electric Department to pay for a portion of the new facilities
needed to deliver electric services to new or expanded services. Effective January 1, 2023, all residential,
commercial and city facilities customers of the Aspen Electric Department shall pay the ECI fee as follows:
ECI Residential ECI Commercial
Panel Amps 1 Phase
120/240V
3 Phase
120/208V
1 Phase
120/240V
3 Phase
120/208V
3 Phase
277/480V
100 $1,726 $3,451 $4,602 $5,175 $11,943
200 $3,452 $6,901 $9,205 $10,351 $19,905
300 $6,904 $11,215 $13,807 $15,526 $35,830
400 $9,205 $14,953 $18,410 $20,702 $47,773
600 $15,034 $24,423 $30,068 $33,811 $78,026
800 $20,045 $32,563 $40,090 $45,082 $104,035
1000 $25,056 $40,704 $50,113 $56,352 $130,043
1200 $30,068 $48,845 $60,136 $67,622 $156,052
1400 $35,079 $56,986 $70,158 $78,893 $182,060
1600 $40,090 $65,127 $80,181 $90,163 $208,069
1800 $45,102 $73,268 $90,203 $101,434 $234,078
2000 $50,113 $81,409 $100,226 $112,704 $260,086
2200 $55,124 $89,549 $110,249 $123,974 $286,095
2400 $60,136 $97,690 $120,271 $135,245 $312,104
2600 $62,842 $102,086 $125,683 $141,331 $326,148
2800 $65,670 $106,680 $131,339 $147,691 $340,825
3000 and above $68,625 $111,481 $137,249 $154,337 $356,162
( Ord. NO 27-2017 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1,
11-23-2021)
Sec. 25.04.037 Fees for distributed energy systems attached to Aspen Electric.
(a)All projects on properties within the City of Aspen Electric Utility service area that require staff and/or
engineering review or that will add distributed energy systems that could include battery storage are subject
to electric development review fees prior to issuance of a city electric permit. No solar photovoltaic and/or
battery storage systems will be allowed to connect to City of Aspen Electric service without a signed
Interconnection Agreement.
(b)The electric development review fee shall be as set forth in subsection (c) of the section.
(c)Electric Development Review Fees. Effective January 1, 2023, utility staff review fees for distributed energy
systems are:
System Size in kW Distributed Energy System Only Distributed Energy System and Battery
Storage
< 15 kW $165.00 $1,100.00
15 kW and up $550.00 $1,100.00
(Ord. No. 20-2021 , § 1, 11-23-2021)
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Sec. 25.04.040. Electric service rates.
(a)Effective in the January 2023 monthly billing, all residential, commercial and city facilities customers of the
Aspen Electric Department shall pay a monthly customer availability charge as follows:
AMP Size Standard
Residential
Customer
Senior
Residential
Customer -
70%
Small
Commercial
Customer
Large
Commercial
Customer
100 AMP $23.18 $16.23 $30.72 $28.27
200 AMP $45.12 $31.58 $59.20 $52.27
300 AMP $100.21 $70.15 $96.86 $83.36
400 AMP $146.07 $102.25 $140.89 $120.17
600 AMP $257.68 $180.38 $248.04 $211.50
800 AMP $388.45 $271.91 $373.57 $319.88
1000 AMP $541.10 $378.77 $520.11 $444.41
1200 AMP $706.43 $494.50 $678.83 $583.87
1600 AMP $1,087.90 $761.53 $1,045.04 $897.44
1800 AMP $1,295.11 $906.58 $1,243.96 $1,076.13
2000 AMP $1,526.20 $1,068.34 $1,465.80 $1,267.39
2200 AMP $1,785.65 $1,249.96 $1,714.99 $1,482.85
2400 AMP $2,089.21 $1,462.45 $2,006.54 $1,734.93
2600 AMP $2,444.38 $1,711.07 $2,347.65 $2,029.87
2800 AMP $2,859.93 $2,001.95 $2,746.75 $2,374.95
3000 AMP
and above
$3,346.11 $2,342.28 $3,213.70 $2,778.69
(b)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
residential customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours
(kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate as
follows:
AMP
Size
Usage
Up To
Per
KWh
Additional
Usage Up
To
Per
KWh
Additional
Usage Up
To
Per
KWh
Remaining
Usage
Over
Per
KWh
100
AMP
400 $0.0873 1,080 $0.1309 1,920 $0.2023 1,920 $0.3576
200
AMP
520 $0.0873 1,360 $0.1309 2,800 $0.2023 2,800 $0.3576
300
AMP
1,600 $0.0873 3,600 $0.1309 6,160 $0.2023 6,160 $0.3576
400
AMP
1,600 $0.0873 3,600 $0.1309 6,160 $0.2023 6,160 $0.3576
600
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
800
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
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1000
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
1200
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
1600
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
1800
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
2000
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
2200
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
2400
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
2600
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
2800
AMP
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
3000
AMP
and
above
2,800 $0.0873 5,440 $0.1309 8,800 $0.2023 8,800 $0.3576
(c)Effective January 1, 2019, all electric accounts that service 5 or more individual units shall be considered a
small commercial customer and shall have rates associated with a small commercial account rather than a
residential account. Additionally, all commercial accounts that do not meet the requirements for large
commercial designation shall be considered small commercial accounts, which includes previous class of
small commercial city facilities customers and current and future Electric Vehicle charging stations. In
addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
small commercial customer shall pay the sum of the metered use of electric energy measured in kilowatt-
hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate service rate
as follows:
AMP
Size
Usage
Up To
Per
KWh
Additional
Usage Up
To
Per
KWh
Additional
Usage Up
To
Per
KWh
Remaining
Usage
Over
Per
KWh
100
AMP
880 $0.0946 2320 $0.1183 4800 $0.1776 4800 $0.2841
200
AMP
1280 $0.0946 3120 $0.1183 5760 $0.1776 5760 $0.2841
300
AMP
3360 $0.0946 7120 $0.1183 12240 $0.1776 12240 $0.2841
400
AMP
3360 $0.0946 7120 $0.1183 12240 $0.1776 12240 $0.2841
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600
AMP
6560 $0.0946 13200 $0.1183 18400 $0.1776 18400 $0.2841
800
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
1000
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
1200
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
1600
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
1800
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
2000
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
2200
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
2400
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
2600
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
2800
AMP
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
3000
AMP
and
above
13600 $0.0946 28000 $0.1183 44800 $0.1776 44800 $0.2841
(d)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, the
large commercial customer, which includes previous class of large commercial city facilities customers and
current and future Electric Vehicle charging stations, (with operable demand metering systems in place and
measured usage of forty (40) kW and greater) shall pay the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows, plus a demand charge per kW of metered customer peak usage for that
meter reading cycle. To qualify for the large commercial rate, accounts must meet or exceed 40kW peak
monthly demand a minimum of 7 out of 12 months in both of the last 2 years.
AMP Size Usage
Up To
Per KWh Remaining
Usage Over
Per KWh Demand
Charge on
Customer
Peak kW
100 AMP 23200 $0.0644 23200 $0.0805 $20.82
200 AMP 23200 $0.0644 23200 $0.0805 $20.82
300 AMP 23200 $0.0644 23200 $0.0805 $20.82
400 AMP 23200 $0.0644 23200 $0.0805 $20.82
600 AMP 23200 $0.0644 23200 $0.0805 $20.82
800 AMP 23200 $0.0644 23200 $0.0805 $20.82
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1000 AMP 23200 $0.0644 23200 $0.0805 $20.82
1200 AMP 23200 $0.0644 23200 $0.0805 $20.82
1600 AMP 23200 $0.0644 23200 $0.0805 $20.82
1800 AMP 23200 $0.0644 23200 $0.0805 $20.82
2000 AMP 23200 $0.0644 23200 $0.0805 $20.82
2200 AMP 23200 $0.0644 23200 $0.0805 $20.82
2400 AMP 23200 $0.0644 23200 $0.0805 $20.82
2600 AMP 23200 $0.0644 23200 $0.0805 $20.82
2800 AMP 23200 $0.0644 23200 $0.0805 $20.82
3000 AMP
and above
23200 $0.0644 23200 $0.0805 $20.82
(e)In addition to the monthly customer availability charge, and effective in the January 2023 monthly billing, an
alternative customer rate shall be available for new deed-restricted, residential properties with electric heat
and built-in compliance with International Energy Conservation Codes 2015 edition as stated in Municipal
Code 8.46 including amendments as stated in Ordinance 40, Series of 2016. This rate will only be applied to
deed-restricted residential electric accounts that have been reviewed and approved as a qualifying
residential property by the Utilities Director. This rate shall be the sum of the metered use of electric energy
measured in kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
AMP Size Usage Up
To
Per KWh Additional
Usage Up
To
Per KWh Additional
Usage Up
To
Per KWh Remaining
Usage
Over
Per KWh
100 AMP 800 $0.0873 2,100 $0.1309 2,600 $0.2023 2,600 $0.3576
200 AMP 1100 $0.0873 2800 $0.1309 4000 $0.2023 4000 $0.3576
300 AMP 3200 $0.0873 7200 $0.1309 8600 $0.2023 8600 $0.3576
(Code 1971, § 23-18.1; Ord. No. 42-1984, § 1 ; Ord. No. 76-1992, § 1 ; Ord. No. 36-1996, § 1 ; Ord. No. 41-2004, § 1 ;
Ord. No. 7-2006, § 1 ; Ord. No. 37-2008 ; Ord. No 29-2011 ; Ord. No. 36-2011 ; Ord. No. 37-2014, § 1 ; Ord. No. 44-
2015 , Ord. No. 38-2016 , Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-
2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
Sec. 25.04.046. Property owners financially liable for unpaid utility charges and fees.
On city electric accounts that are ninety (90) days or more past due with the named customer being a tenant
at the subject premise, city reserves the right to revert such electric account into the owner’s name and from that
point forward owner shall be the responsible party on subject electric account.
In situations where unpaid electric utility charges and fees remain on a finaled owner or tenant account, the
current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after
the transfer of previous owner or tenant.
(Ord. No. 20-2021 , § 1, 11-23-2021)
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Sec. 25.04.047. Electric Utility Advanced Metering Infrastructure (AMI).
(1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 energy consumption information
for both the city electric customer and the utility billing staff, which can be used for troubleshooting usage issues,
account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or
business each month to read the meter, thus improving operational efficiency and providing customers with near
real-time energy use information.
(2) Except as expressly provided in this Chapter, all electric service shall be metered and with meters
utilizing AMI technology. As of January 1, 2023, the City of Aspen Electric Department will require AMI technology
in all electric meters used or installed by its account owners, except as expressly provided herein.
(3) Residential account owners have the option to “opt-out” of upgrading to a meter with AMI technology
and utilize a non-communicating electric meter for a monthly fee. AMI Opt-Out requests shall be made in writing
using the forms prescribed by the City of Aspen Electric Department. Opt-out requests may only be made by the
owner of record listed on the property’s City of Aspen Electric Department account. The property owner shall be
responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements.
(4) Residential customers and account owners that have experienced meter tampering/manipulation,
unauthorized electric connections/use, have a past-due balance at the time of opt-out request, or have been
disconnected for non-payment will not be eligible to opt-out of their AMI meter installation. Commercial, Solar,
and common HOA accounts are not eligible to opt out of AMI.
(5) Residential account owners that have opted-out of utilizing a meter with AMI technology will be
assessed a monthly opt-out fee of $35.00 per meter on the next monthly utility bill and each monthly bill
thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual
meter reading software system. City electric account owners may cancel their opt-out status at any time and the
monthly $35.00 fee will be discontinued on their electric account starting with the next monthly bill run cycle.
(6) Residential electric account owners that have not received approval by the Utilities Department
Director to opt-out of the AMI technology and have not upgraded to a meter with AMI technology on or before
January 1, 2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each
monthly bill thereafter until the account owner for that electric meter comes into compliance. .
Sec. 25.08.020. Powers and duties generally of the Water Superintendent.
(a)The Superintendent shall, under the direction of the City Manager, have charge of all facilities of the water
utility and it shall be his or her duty to supervise the water utility and maintain and control the same as
directed by the City Manager and as provided in this Chapter.
(b)The Superintendent shall have control of the laying of all water mains. The Superintendent shall have the
general supervision of the putting in of all utility connections, service pipes or other connections with the
water mains and the regulation of the water supply to all users of water. He or she shall also have charge of
and be responsible for all tools, machinery, pipes, meters, fixtures, plumbing materials and all other
appliances owned by the City or used by it in the maintenance and operation of the water utility and shall
keep account of all such material and the manner in which the same is used, kept or disposed of.
(c)It is hereby made the duty of the Director to manage the water purification plants and other water utility
properties; to periodically report to the City Manager of his or her activities as director and of the condition
of the water utility; and to make such suggestions concerning the same as the nature of the service may
require.
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(d)It shall be the duty of the Superintendent to keep all fire hydrants in repair and test the same frequently to
see if the same are in order and he or she may let water from the hydrants whenever it shall be necessary for
the testing of the condition of the waterworks or for purifying the water or for the repairing of the water
utility or for watering the trees in extreme need.
(e)The Water Department shall install, maintain, and operate special hydrants and fill stations for street
washing, construction works or other lawful purposes. The Water Department may grant permission to any
person to draw water from these special hydrants and fill stations. All water drafted for such purposes shall
be assessed in accordance with applicable rates prescribed by this Chapter. The Water Department shall not
grant permission for drafting of water from fire hydrants for street washing, construction, and other such
uses except in cases of extreme need.
(Code 1971, § 23-37; Ord. No. 27-1985 , § 1; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.08.060. Definitions.
The following definitions shall apply under this Chapter concerning water service:
Annual water budget means those direct and indirect expenditures and costs, including debt service,
required to provide water service in the coming year, as documented in the annual budget.
Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of this Code or by
Pitkin County, Colorado pursuant to County building regulations.
Carriage of untreated water rights means those rights held by a water user other than the City of Aspen and
conveyed through a ditch, pipeline or other series of water conveyance facilities owned and/or operated by the
City of Aspen. Rates charged for conveyance of this water are referred to as "carriage" rates for raw water.
Comprehensive water management plan means the comprehensive water management plan for the City as
initially prepared and adopted in 1980 and as thereafter revised and updated.
Director of water treatment and supply, Director, Water Superintendent or Superintendent, Director of
Utilities means the Director of the City of Aspen Water Utility, who, under the direction of the City Manager, has
charge of all facilities of the Aspen water utility and has the duty to supervise the utility and to maintain and
control the same.
Equivalent capacity unit (ECU) means a unit reflecting that part of the capacity of the water system necessary
to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type
of water fixtures, a maximum irrigated area, certain cooking facilities or other water demand factors.
Hook-up charge means a charge based on a new customer's line size to recover certain costs of making a
physical connection to the water system.
Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may accept in lieu
of a water rights dedication from a party seeking extraterritorial water service, in an amount determined by the
City, in its sole discretion, to be reasonably necessary to purchase and change water rights, or otherwise acquire
water rights and supplies of sufficient quantity and seniority, at an appropriate location, to reliably provide water
for the proposed water demands of the project.
Utility connection permit means permission by the City to physically connect to the water system or to
change the use of any existing connection and any additional contractual terms which may be imposed.
Utility investment charge means a charge to recover certain capital costs allocated to new customers which
charge is based on a new customer's ECU rating and billing area factor.
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Water demand factor or fixture means any of the water demand factors or fixtures set forth in Subsections
25.08.090(a) or (b) below.
Water Department means the department of the City under the supervision of the Director of Utilities.
Water feature is defined as a design element in which open water serves primarily an aesthetic or decorative
beneficial use. Water features include, but are not limited to ponds, lakes, waterfalls, jets, fountains, artificial
streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to create or operate
the feature. Water features do not include swimming pools or hot tubs. No outdoor water features will be
allowed on Aspen Water utility accounts effective January 1, 2022.
Water rights dedication is a dedication required by any party seeking extraterritorial water service from the
City of water rights acceptable to the City. "Water rights acceptable to the City" shall mean such water rights as are
determined by the Water Department, in its sole discretion, to be sufficient in quantity, seniority and location, to
reliably provide for the proposed water demands of the project, as well as water rights historically used on the
property to be served.
Water service billing area,billing area or area of water service billing means an area established by the City
Water Department for purposes of calculating and assessing tap and/or other water service fees. The designation
of a water service billing area as provided for in this Title shall not be construed as an offer, obligation, exclusive
right, willingness, or ability to serve any customer, prospective customer or geographical area with municipal
water or water services.
Water service or utility service means any connection to the water system and shall include but is not limited
to all requirements service, irrigation only, fire protection only and irrigation and fire protection only service.
Water system, City water system, water utility, municipal utility system, municipal water utility system or City
water utility means the City water utility as defined in Section 25.08.010.
Well development charge recovers the capital costs of development groundwater sources capable of being
integrated into the potable water supply system by any party seeking extraterritorial water service from the City.
(Code 1971, § 23-41; Ord. No. 27-1985 , § 1; Ord. No. 39-1993 , § 1; Ord. No. 30-2012 § 1; Ord. No. 24-2019 , § 1,
11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.08.090. Equivalent capacity units.
(a)All water service shall be rated by the Water Department in accordance with the following table:
(1)LONG-TERM RESIDENTIAL (Occupancy extending more than one (1) month):
ECU
1st full bath 0.36
2nd full bath 0.24
Each additional full bath 0.12
Each kitchen (full cooking facilities) 0.25
Each kitchenette (modest cooking facilities) 0.15
Each bedroom 0.10
(2)LODGING BEDROOMS (Occupancy per person extending less than one (1) month):
ECU
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Each bedroom with no bath or cooking
facilities, but with dormitory style bathrooms
in hallways
0.45
Each bedroom with no bath, but with modest
cooking facilities and dormitory style
bedrooms in hallways
0.60
Each bedroom with full bath but no cooking
facilities
0.55
Each bedroom with full bath and wet bar
(microwave and under the counter icebox)
0.65
Each bedroom with full bath and modest
cooking facilities
0.70
(3)SHORT- OR MIXED-TERM RESIDENTIAL (Occupancy per person extending less than one (1) month):
ECU
Each full bath 0.36
Each kitchen (full cooking facilities) 0.25
Each bedroom 0.30
(4)IRRIGATION:
Line Size Minimum
ECU Rating
Each bib hose in addition to sprinkler system (fixed piping/spray or drip
emitters, i.e., hose bib w/ irrigation)
Any 0.05
Hose bib only (i.e., hose bib for irrigation):
1st hose bib Any 0.20
2nd hose bib Any 0.10
3rd hose bib Any 0.05
Yard Hydrant .5/hydrant
Irrigation System - Spray 0.01/100 Sq. Ft.
Low-Flow Bubbler 0.005/100 Sq. Ft.
Drip Irrigation System 0.001/100 Sq. Ft.
(5)RESTAURANTS: Each seat: 0.07 ECU.
(6)NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 25/0.024 ECU thereafter.
(7)OFFICE SPACE: Each one hundred (100) square feet: 0.02 ECU.
(8)RETAIL SPACE: Each one hundred (100) square feet: 0.01 ECU.
(9)COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.04 ECU.
(10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil: 0.04 ECU.
(11) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten (10) seats: 0.080 ECU
year-round/0.048 ECU summer.
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(12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative office space):
Each pupil: 0.02 ECU per maximum capacity.
(13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 ECU.
(14) GAS STATIONS: Each service or lubrication bay: 0.25 ECU.
(15) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45 ECU.
(16) HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each bed: 0.50 ECU.
(b)The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under
Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department shall
increase the ECU rating in accordance with the following table:
ECU
Toilet/urinal 0.05
Mop/laundry sink (per compartment) 0.05
Kitchen sink (per compartment) 0.05
Lavatory sink (per compartment) 0.02
Combo toilets (toilet/bidet, toilet/lav) 0.07
Bar sink (per compartment) 0.05
Garbage disposal 0.05
Household dishwasher 0.10
Commercial dishwasher (per ⅛" of supply line diameter) 0.10
Dishwasher drawer (single) 0.05
Steamer oven 0.05
Household clothes washer 0.10
Commercial clothes washer (per ⅛" of supply line diameter) 0.10
Commercial icemaker (per ⅛" of supply line diameter) 0.05
Steam room 0.08
Water bottle fill station 0.05
Whole home humidifier 0.30
Coffee urn 0.05
Tub/shower (combined or separate) 0.05
Bidet 0.05
Wet saunas 0.08
Room Humidifier 0.05
Jacuzzi/spa (per 100 gal. of capacity) 0.02
Plunge pool (per 100 gal. of capacity)0.02
Swimming pool (per 1,000 gal. of capacity): 0.02
Industrial process or wastewater (not served by sanitary sewer): Each 1,000 gal./day non-
consumptively used
1.50
Each 1,000 gal./day consumptively used 3.90
Fountains:
Non-continuous drinking 0.05
Continuous drinking 0.50
Non-recycling decorative 0.50
Recycling decorative 0.10
Water softener (per ECU):
Residential 0.02
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Commercial 0.01
Fire protection sprinkler heads 0.00
(c)No outdoor water features will be allowed on Aspen Water utility accounts effective January 1, 2022. A
water feature is defined as a design element in which open water serves primarily an aesthetic or decorative
beneficial use. Water features include, but are not limited to: ponds, lakes, waterfalls, jets, fountains,
artificial streams, water stairs, infinity pools, or cascades wherein potable water is artificially supplied to
create or operate the feature. Water features do not include swimming pools or hot tubs.
(d) Effective January 1, 2023, single family residential water accounts being served or requesting city treated
water will be eligible for a maximum of 4.0 Equivalent Capacity Units, (ECUs), per account/parcel.
(e) In the event that the water service cannot be adequately rated under the tables in Subsections (a) and (b) or
if there are unusual or special circumstances warranting a special ECU rating, the service may be rated as
determined by the Water Department at the customer's expense. The Water Department may also adjust
the ECU rating of any water service if the metered demand of such service differs substantially from the ECU
rating under Subsections (a) and (b).
In no event shall the ECU rating be less than the following minimums:
Line Size Minimum ECU Rating
¾" 1.0
1" 2.0
1¼" 3.0
1½" 4.0
2" 8.0
4" 20.0
6" 30.0
8" 60.0
For line sizes larger than six (6) inches, the minimum ECU rating shall be determined by the Water
Department after consultation with the City Manager.
(e)The ECU rating per customer pursuant to Subsections (a), (b), (c) or (d) shall be applied in calculating utility
investment charges under Section 25.12.040 and in calculating monthly demand, extraordinary water use,
and fire protection charges under Sections 25.16.010 and 25.16.020.
(f)Commercial agricultural uses shall be limited to a maximum of one (1) ECU of potable water without the
prior express written consent of the City Manager.
(Code 1971, § 23-44; Ord. No. 27-1985 , § 1; Ord. No. 36-1995 , § 1; Ord. No. 43-1996 , § 16; Ord. No. 30-2012 § 4;
Ord. No. 15-2019 , § 2, 6-24-2019; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021 , § 1, 11-23-2021)
Sec. 25.12.025. Utility development review fee.
(a)All projects on properties within the City of Aspen that require engineering development review or that will
add, change, or remove plumbing fixtures are subject to the utility development review prior to issuance of a
City building permit; All projects on properties outside City of Aspen limits that may change or impact City
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water service are subject to the utility development review prior to submittal of a Pitkin County building
permit application.
(b)Applicable review fees and utility investment charges must be paid prior to issuance of a City of Aspen
building permit, and/or prior to submitting an application for a Pitkin County building permit.
(c)If submitting a building permit application to Pitkin County for a project that may change or impact City
water service, the following documents are required for the utility development review: (1) Utility
development review application; (2) relevant building plans, which may include architectural, civil, and/or
water efficient landscape sets; (3) City water service agreement; (4) ECU Calculator.
(d)The utility development review fee shall be as set forth in Subsection (e) of the Section.
(e)[Utility Development Fees.]
Utility Development Fees 2023 Rate
Projects with 0 to 200 Sq. Ft. of Affected Area $270.00
Projects with 201 to 5,000 Sq. Ft. of Affected Area $1.62/sq. ft.
Projects of 5,001 to 15,000 Sq. Ft. of Affected Area $1.62/sq. ft. for 1st 5,000 sq. ft. + $1.35/sq. ft.
thereafter
Projects with more than 15,000 Sq. Ft. of Affected
Area
$1.62/sq. ft. for 1st 5,000 sq. ft. + $1.35/sq. ft. for next
10,000 sq. ft. + $1.24 sq. ft. thereafter
Project Type Applicability and Calculation
New Construction (including "scrape and replace") Fee calculated according to affected area. Affected
area is calculated as square footage of the building
footprint, plus the square footage of exterior
disturbance. Calculation instructions are set forth in
Section (f), below.
Interior or exterior work that triggers an engineering
development review, or includes adding, removing, or
otherwise making changes to any plumbing fixtures on
the property
Fee calculated according to utility affected area. Utility
affected area is the total square footage of all
rooms/work areas in which plumbing fixtures are
affected, plus the total square footage of any exterior
disturbance. Calculation instructions are set forth in
Section (g), below.
Interior or exterior work that does not trigger an
engineering development review, and does not
include making any addition(s), subtraction(s), or
other change(s) to plumbing fixtures
No Review or Fee Required.
(f)Calculating affected area for new construction projects—Affected area shall be calculated as follows:
(1)Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration of work
area within the building.
(2)Enter new square footage. New square footage is the gross floor area being added to the building or
structure as part of the project.
(3)Enter building square footage. Building square footage is the building footprint alteration plus the new
square footage. Add the amounts calculated in Section (1) and Section (2) of this Subsection (f) to
determine building square footage.
(4)Enter square footage of the grade floor area of the project.
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(5)Enter net building square footage. Net building square footage is equal to either the building square
footage or the grade floor square footage, whichever is smaller. Enter the smaller of the two (2)
numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net building square
footage.
(6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground
is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area,
and replacing impervious areas, layback areas, construction access areas and stockpile areas.
(7)Total Affected Area equals the net building square footage plus the disturbance area. To arrive at total
affected area, add the values calculated in Section (5) and Section (6) of Subsection (f) of this Section.
(g)Calculating utility affected area for remodel/renovation/alteration projects—Utility affected area shall be
calculated as follows:
(1)Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2
alteration of work area within the building in which plumbing fixtures are affected. For example, for an
interior remodel, the utility building footprint alteration is measured by the total square footage of
each room in which plumbing fixtures are added, removed, or otherwise changed.
(2)Enter new square footage. New square footage is the gross floor area being added to the building or
structure as part of the project.
(3)Enter utility building square footage. Utility building square footage is the utility building footprint
alteration plus the new square footage. Add the amounts calculated in Section (1) and Section (2) of
this Subsection (g) to determine utility building square footage.
(4)Enter square footage of the grade floor area of the project.
(5)Enter net utility building square footage. Net utility building square footage is equal to either the utility
building square footage or the grade floor square footage, whichever is smaller. Enter the smaller of
the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to determine net
utility building square footage.
(6)Enter the disturbance area. The disturbance area is the exterior area of the building where the ground
is disturbed. This includes soil grading, landscaping, removing impervious area, adding impervious area,
and replacing impervious areas, layback areas, construction access areas and stockpile areas.
(7)Total Utility Affected Area equals the net utility building square footage plus the disturbance area. To
arrive at total utility affected area, add the values calculated in Section (5) and Section (6) of
Subsection (g) of this Section.
(h)Definitions:
(1)Building footprint alteration square footage is the work area portions of an existing building
undergoing reconfiguration of space, the reconfiguration or extension of any system, or the installation
of any additional equipment.
(2)Utility building footprint alteration square footage is the total area of rooms within the building in
which any plumbing fixtures are affected. For example, for an interior remodel, the utility building
footprint alteration is measured by the square footage of each room in which plumbing fixtures are
added, removed, or otherwise changed.
(3)New square footage is measured within the inside perimeter of the exterior walls of the new addition
under consideration, without deduction for corridors, stairways, ramps, closets, the thickness of
interior walls, columns, or other features. New square footage includes the exterior usable area under
the horizontal project of the roof or floor above not surrounded by exterior walls.
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(4)Building square footage includes both the building footprint alteration square footage and the new
square footage.
(5)Utility building square footage includes both the utility building footprint alteration square footage and
the new square footage.
(6)Grade floor area is measured within the inside perimeter of the exterior walls of a building, without
deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other
features. Grade floor area includes the exterior usable area under the horizontal projection of the roof
or floor above not surrounded by exterior walls.
(7)Net building square footage includes both the building footprint alteration square footage and the new
square footage; however, the total shall not exceed the area of the grade floor area of the complete
new building.
(8)Net utility building square footage includes both the utility building footprint alteration square footage
and the new square footage; however, the total shall not exceed the area of the grade floor area of the
complete new building.
(9)Disturbance area is defined by exterior area of the building where the ground is disturbed. This
includes, but is not limited to, soil grading, landscaping, removing impervious area, adding impervious
area, replacing impervious area, layback areas, construction access areas, and stockpile areas.
(10) Affected area is the net building square footage plus the disturbance area, with the net building square
footage equaling the smaller of either the building footprint alteration plus the new square footage or
the grade floor square footage.
(11) Utility affected area is the net utility building square footage plus the disturbance area, with the net
utility building square footage equaling the smaller of either the utility building footprint alteration plus
the new square footage or the grade floor square footage.
( Ord. No. 38-2016 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.12.030. Utility connection permit.
(a)No utility connection permit shall be issued, except pursuant to this Section unless the utility connection
permit is issued and paid for pursuant to a phasing agreement, prepayment agreement or other agreement
with the City to the contrary.
(b)No utility connection applicant shall receive a utility connection permit for a new utility service prior to the
issuance of a building or plumbing permit for the structures or fixtures for which water service is requested.
The addition of any water demand factor or fixture or change of service of an existing connection shall
require a utility connection permit.
(c)It shall be unlawful for any person not authorized by this Chapter to make any connection to any main of the
water utility or for any unauthorized person to connect to the water utility or for any person to add a water
demand factor or fixture or to change service contrary to the provisions of this Chapter.
(d)All utility connection permits as required by this Chapter shall be issued by the Water Department and shall
set forth all those requirements specified in Subsections 25.12.020(e) and (f). The Water Department keep a
duplicate or record of all utility connection permits issued. All review and final utility connection permits will
be signed and executed by the current owner of the property and be notarized by an authorized notary. No
payment for utility connection permit fees, (tap fees), will be accepted without the corresponding signed and
notarized utility connection permit. City Utilities Department will not accept payment unless all required
documents are complete.
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(e)Any permit issued pursuant to this Section shall expire upon failure to make the authorized utility connection
by the time of expiration of the building or plumbing permit for the structures or fixtures proposed to be
serviced. In the event of expiration of a utility connection permit, the applicant, upon request, shall be
refunded any utility connection charges not expended by the City for the benefit of the applicant. No interest
on any unspent charges shall be paid.
(Code 1971, § 23-57; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 7; Ord. No. 17-2020 , § 1, 11-24-2020)
Sec. 25.12.040. Utility investment charges.
(a)The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be as set
forth in Subsection (d) of this Section.
(b)The total utility investment charge for a customer shall be the customer's ECU rating multiplied by the charge
in Subsection (d).
(c)Before any water is furnished, pursuant to a utility connection application and permit, Water Department
personnel shall inspect the property designated on the application and shall certify on the application that
the ECU rating on the application equals the ECU rating for the property as developed. Prior to inspection,
water may only be furnished to the property for construction purposes upon proper payment therefor. If the
ECU rating for the property as developed is less than the ECU rating on the application, the applicant shall be
entitled to a refund of any overpayment of the total utility investment charge, but no refund shall be made
of any utility hookup charge or of any water main extension costs, water rights dedication fees, interest on
any overpayment or other connection costs because of a reduced ECU rating. If the ECU rating of the
developed property is greater than the ECU rating on the application and no larger or additional connections
are made, no water shall be furnished until the deficit in the total utility investment charge has been paid. If
a larger or additional connection is made, no water shall be furnished until the deficits in the total utility
investment charge, the utility hookup charge and all other applicable charges and fees, have been paid. In
every case, the Utility Connection Permit shall be amended as necessary to reflect the final ECU rating for the
property, and the connections.
(d)Utility investment charges (tap fees) are computed as follows:
(1)For the purpose of utility investment charge computation, the following fees shall be assessed per ECU
effective January 1, 2023:
Billing Area 2023 Charges per ECU
Billing Area 1 $10,855
Billing Area 2 $21,710
Billing Area 3 $21,710
Billing Area 4 $13,569
Billing Area 5 $18,996
Billing Area 6 $21,710
Billing Area 7 $16,282
Billing Area 8 Reserved
The total utility investment charge shall be the utility investment charge per ECU multiplied by the number of ECU
points for the utility connection applied for by the applicant.
(e)System development charges recommended by the Water Department may be authorized from time to time
by the City Council. System development charges are fees intended to provide for additional water system
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development that is intended to enhance the reliability of City water service to all customers, and may
include, for example, well system development fees or plant investment fees. Effective January 1, 2021, Well
System Development fees that be calculated at a rate of one thousand six hundred seventy-five dollars
($1,675.000)/ECU.
(Code 1971, § 23-58; Ord. No. 27-1985, § 1 ; Ord. No. 54-1986, § 1 ; Ord. No. 34-1988, § 6 ; Ord. No. 19-1990, § 3 ;
Ord. No. 39-1993, § 5 ; Ord. No. 30-2012 § 8 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-
2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
Sec. 25.16.010. Monthly rates for metered water service.
All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer
accounts shall pay on a monthly basis the sum of charges one (1) through four (4) that follow:
(a)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $6.30
2 2.00 $12.60
3 2.00 $12.60
4 1.25 $7.88
5 1.75 $11.03
6 2.00 $12.60
7 1.50 $9.45
(b)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly variable charge
per ECU as follows:
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Additional
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Additional
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Remaining
Usage Per
ECU Over
Per 1,000
Gallons
Rate
4,000 $3.50 12,000 $4.49 16,000 $6.43 16,000 $9.65
(c)Effective in the January 2023 monthly billing, all metered accounts within service area pumped zones
shall pay a monthly pumping charge per one thousand (1,000) gallons as follows:
# of Pumps Rate Per 1,000 Gallons Pumped
1 $3.11
2 $6.22
3 $9.33
(d)Effective in the January 2023 monthly billing, all metered accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $4.58
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2 2.00 $9.16
3 2.00 $9.16
4 1.25 $5.73
5 1.75 $8.02
6 2.00 $9.16
7 1.50 $6.87
(Code 1971, § 23-101; Ord. No. 27-1985, § 1 ; Ord. No. 48-1986, § 1[A]; Ord. No. 51-1987, § 1 ; Ord. No. 18-1988, §
1; Ord. No. 34-1988, § 1 ; Ord. No. 19-1990, § 2 ; Ord. No. 39-1993, § 6; Ord. No. 45-1999, § 16 ; Ord. No. 41-2004,
§ 2 [part ]; Ord. No. 7-2006, § 2 ; Ord. No. 35-2011, § 2 ; Ord. No. 30-2012 § 20 ; Ord. No 38-2014, § 1 ; Ord. No 45-
2015 § 1 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No.
17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
Sec. 25.16.011. Bulk rates for metered water service.
(a)Effective in the January 2023 monthly billing, the bulk water sales rate and two-tier structure for Buttermilk
Metro District will be:
Monthly Block Tiers in Per
1,000 Gallons
Rate Per 1,000
Gallons
First 2,940 gallons $5.42
Over 2,940 gallons $12.72
(b)Effective January 1, 2023, the demand charge per fill up for fill station water sales pursuant to Subsection
25.08.020(e) shall be thirty dollars ($30.00) per use.
(c)Effective January 1, 2023, the variable charge for fill station bulk water sales pursuant to Subsection
25.08.020(e) shall be $19.00 per 1,000 gallons. Bulk water charges for service line and mainline leaks/breaks
created by non-Utility department staff will be charged at a rate of $19.00 per 1,000 gallons in areas that are
gravity feed, $25.00 per 1,000 gallons in water service areas that are in a one-pump zone; and, $30 per 1,000
gallons in areas that are in a two-pump zone.
( Ord. No. 45-2015 , Ord. No. 38-2016 ; https://records.aspen.gov/WebLink/DocView.aspx?id=1412784"
web="yes">Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-
2021 , § 1, 11-23-2021)
Sec. 25.16.012. Raw water rates for general raw water accounts.
(a)The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a per
thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the start of each
irrigation season are as follows:
(b)Effective January 1, 2023, the non-pressurized raw water rate per irrigation season is as follows:
Non-Pressurized Raw Water 2023 Rate
Per 1,000 Sq. Ft. $49.44
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(c)Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in Paragraph (d)
below except where a valid contract for conveyance of the customer's own water rights provides for a different
rate.
(d)A one-time application and processing fee is due for each Raw Water License Agreement when a new, fully
executed agreement has been signed by the owner and a City of Aspen Utilities representative. As of January
1, 2023, the one-time application and processing fee is $75.00.
(e)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00)
for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred
dollars ($1,500.00) for each additional offense.
( Ord. No. 41-2004, § 5 ; Ord. No. 35-2011, § 3 ; Ord. No. 30-2012 § 23 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021 , § 1, 11-23-2021)
Sec. 25.16.013. Raw water rates for Thomas Raw Water and other pressurized non-potable
line accounts.
(a)Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non-potable water
line accounts (including reclaimed water) shall be set in accordance with methods established for cost
recover recommendations by the American Water Works Association.
(b)Where specific rates are established by a valid contract for raw water service and such rates result in a lower
cost of service than that provided in Subsection 25.16.012(a), the contractual rate will prevail.
(c)All water use from the system requires the installation of an operable water meter. Such uses in place prior
to 2009 shall install an operable water meter no later than January 20, 2009.
(d)Provisions for billing are as follows: All pressurized raw water accounts shall have a working meter at the
beginning of each irrigation season, no later than April 15th.
(1)Effective January 1, 2023 metered rates for pressurized raw water accounts for seasonal delivery of
non-potable water is as follows:
Metered Pressurized Raw Water - Billing to Occur
Monthly - May through October
2023 Rate
Per 1,000 Gallons. $5.73
(2)If the raw water meter required in paragraph (c) above ceases to function properly during the irrigation
season, a seasonal bulk water delivery rate has been established as the basis for billing the non-potable
pressurized water delivery. Effective January 1, 2023, the unmetered, pressurized raw water rate for
seasonal delivery of non-potable water is as follows:
Unmetered Pressurized Raw Water - Billing to Occur
Monthly -
May through October
2023 Rate
Seasonal Rate Per 1,000 Sq. Ft. $201.85
Monthly Rate Per 1,000 Sq. Ft. - Based on 6-Month
Irrigation Season
$33.64
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(e)Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph (d)(1)
except where a valid contract provides for alternate method and procedures for billing.
(f)It shall be unlawful for any person to pump or convey water from the raw water ditches without a valid raw
water license agreement. Any persons doing so will be subject to a penalty of five hundred dollars ($500.00)
for the first offense, one thousand dollars ($1,000.00) for the second offense and one thousand five hundred
dollars ($1,500.00) for each additional offense.
( Ord. No. 41-2004, § 5 ; Ord. No. 30-2012 § 23 ; Ord. No. 38-2014 § 3 ; Ord. No. 45-2015 ; Ord. No. 27-2017 ; Ord.
No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-
23-2021)
Sec. 25.16.014. Monthly rates for temporary construction water service.
All temporary construction water accounts shall pay monthly the sum of charges one (1) and two (2).
(a)Effective in the January 2023 month billing, all temporary construction accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $6.30
2 2.00 $12.60
3 2.00 $12.60
4 1.25 $7.88
5 1.75 $11.03
6 2.00 $12.60
7 1.50 $9.45
(b)Effective in the January 2023 monthly billing, all temporary construction accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $4.58
2 2.00 $9.16
3 2.00 $9.16
4 1.25 $5.73
5 1.75 $8.02
6 2.00 $9.16
7 1.50 $6.87
(c)Construction accounts shall pay demand and fire protection charges at the same rates as metered customers
for a temporary nine-month period. Variable and pumping charges will be waived for a maximum of nine (9)
months, or the duration of the construction project, whichever is less. Construction account ECU's will be
based on information shown on the building permit and "review" utility connection permit.
( Ord. No. 35-2011 § 4 ; Ord. No. 30-2012 § 24 ; Ord. No. 38-2014 § 4 ; Ord. No. 45-2015 ; Ord. No. 27-2017 ; Ord.
No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-
23-2021)
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Sec. 25.16.015. Monthly rates for grandfathered-in water service
All grandfathered-in water accounts shall pay monthly the sum of charges one (1) and two (2).
(a)Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $6.30
2 2.00 $12.60
3 2.00 $12.60
4 1.25 $7.88
5 1.75 $11.03
6 2.00 $12.60
7 1.50 $9.45
(b)Effective in the January 2023 monthly billing, all grandfathered-in accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $4.58
2 2.00 $9.16
3 2.00 $9.16
4 1.25 $5.73
5 1.75 $8.02
6 2.00 $9.16
7 1.50 $6.87
( Ord. No. 35-2011 § 5 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 5 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021 , § 1, 11-23-2021)
Sec. 25.16.016. Monthly rates for pre-tap water service.
All pre-tap water accounts shall pay the sum of charges one (1) and two (2).
(a)Effective in the January 2023 monthly billing, all pre-tap accounts shall pay a monthly demand charge
per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $6.30
2 2.00 $12.60
3 2.00 $12.60
4 1.25 $7.88
5 1.75 $11.03
6 2.00 $12.60
7 1.50 $9.45
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(b)Effective in the January 2023 monthly billing, all pre-tap accounts shall pay a monthly fire protection
charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $4.58
2 2.00 $9.16
3 2.00 $9.16
4 1.25 $5.73
5 1.75 $8.02
6 2.00 $9.16
7 1.50 $6.87
( Ord. No. 35-2011 § 6 ; Ord. No. 30-2012 § 26 ; Ord. No. 38-2014 § 6 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
no. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021 , § 1, 11-23-2021)
Sec. 25.16.020. Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one (1) and two (2).
(a)Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $112.24
2 2.00 $224.50
3 2.00 $224.50
4 1.25 $140.31
5 1.75 $196.44
6 2.00 $224.50
7 1.50 $168.38
(b)Effective in the January 2023 monthly billing, all unmetered water service accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area Billing Factor (Included)Per ECU Rate
1 1.00 $4.58
2 2.00 $9.16
3 2.00 $9.16
4 1.25 $5.73
5 1.75 $8.02
6 2.00 $9.16
7 1.50 $6.87
( Ord. No. 35-2011, § 6 ; Ord. No. 30-2012 § 27 ; Ord. No. 38-2014, § 7 ; Ord. No. 45-2015 , Ord. No. 38-2016 ; Ord.
No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No.
20-2021 , § 1, 11-23-2021)
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Sec. 25.16.021 Senior Water Rates.
(a)Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water rates set
forth in Sections 25.16.010 and 25.16.020.
(b)Qualified senior citizen shall be defined by the Pitkin County Social Services Department in consultation with
the Pitkin County Senior Services Council.
(c)The Utilities Director shall first coordinate with Pitkin County Social Services Department and the Pitkin
County Senior Services Council as necessary to ensure that qualified senior citizens are made aware of their
eligibility for this program and application procedure is conducive to their participation.
(d)A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of charges
one (1) through four (4) that follow:
(1)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor
(Included)
Percentage of
Regular Metered
Demand
Per ECU Rate
1 1.00 90% $5.67
2 2.00 90% $11.34
3 2.00 90% $11.34
4 1.25 90% $7.09
5 1.75 90% $9.92
6 2.00 90% $11.34
7 1.50 90% $8.51
(2)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly variable
charge per ECU as follows:
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Additional
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Additional
Usage Per
ECU Up
To
Per 1,000
Gallons
Rate
Remaining
Usage Per
ECU Over
Per 1,000
Gallons
Rate
4,000 $3.50 12,000 $4.49 16,000 $6.43 16,000 $9.65
(3)Effective in the January 2023 monthly billing, all senior metered accounts within service area pumped
zones shall pay a monthly pumping charge per 1,000 gallons as follows:
# of Pumps Rate Per 1,000 Gallons Pumped
1 $3.11
2 $6.22
3 $9.33
(4)Effective in the January 2023 monthly billing, all senior metered accounts shall pay a monthly fire
protection charge per ECU as follows:
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Billing Area Billing Factor
(Included)
Percentage of
Regular Metered
Fire Protection Charge
Per ECU Rate
1 1.00 90% $4.12
2 2.00 90% $8.24
3 2.00 90% $8.24
4 1.25 90% $5.15
5 1.75 90% $7.21
6 2.00 90% $8.24
7 1.50 90% $6.18
(c)An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis the sum of
charges one (1) through two (2) that follow:
(1)Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor
(Included)
Percentage of
Regular Metered
Demand
Per ECU Rate
1 1.00 30% $33.67
2 2.00 30% $67.35
3 2.00 30% $67.35
4 1.25 30% $42.09
5 1.75 30% $58.93
6 2.00 30% $67.35
7 1.50 30% $50.51
(2)Effective in the January 2023 monthly billing, all senior unmetered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor
(Included)
Percentage of
Regular Metered
Fire Protection Charge
Per ECU Rate
1 1.00 30% $1.37
2 2.00 30% $2.75
3 2.00 30% $2.75
4 1.25 30% $1.72
5 1.75 30% $2.40
6 2.00 30% $2.75
7 1.50 30% $2.06
(Code 1971, § 23-102; Ord. No. 27-1985, § 1 ; Ord. No. 48-1986, § 1(A) (B ); Ord. No. 51-1987, § 2 ; Ord. No. 1-1988
; Ord. No. 8-1990, § 2 ; Ord. 39-1993, § 7 ; Ord. No. 35-2011, § 8 ; Ord. No. 30-2012, § 28 ; Ord. No. 38-2014, § 8 ;
Ord. No. 45-2015 ; Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019;
Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-202
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Sec. 25.16.023 Property owners financially liable for unpaid utility charges and fees.
On city water accounts that are ninety (90) days or more past due with the named customer being a tenant
at the subject premise, city reserves the right to revert such water account into the owner’s name and from that
point forward owner shall be the responsible party on subject water account.
In situations where unpaid water utility charges and fees remain on a finaled owner or tenant account, the
current owner will be financially responsible and liable for these previous amounts due forty-five (45) days after
the transfer of previous owner or tenant.
(Ord. No. 20-2021 , § 1, 11-23-2021)
Sec. 25.16.027. Water Utility Advanced Metering Infrastructure (AMI).
(1). Advanced Metering Infrastructure, (AMI), technology provides 24/7 water consumption information
for both the city water customer and the utility billing staff, which can be used for troubleshooting usage issues,
account analysis, and billing. AMI meters will be read remotely instead of having to send city staff to a home or
business each month to read the meter, thus improving operational efficiency and providing customers with near
real-time energy use information.
(2) Except as expressly provided in this Chapter, all water service shall be metered and with meters
utilizing AMI technology. As of January 1, 2023, the City of Aspen Water Department will require AMI technology
in all water meters used or installed by its account owners, except as expressly provided herein.
(3) Residential account owners have the option to “opt-out” of upgrading to a meter with AMI technology
and utilize a non-communicating water meter for a monthly fee. AMI Opt-Out requests shall be made in writing
using the forms prescribed by the City of Aspen Water Department. Opt-out requests may only be made by the
owner of record listed on the property’s City of Aspen Water Department account. The property owner shall be
responsible for all fees associated with an account that has elected to opt out of the AMI metering requirements.
(4) Residential customers and account owners that have experienced meter tampering/manipulation,
unauthorized electric connections/use, have a past-due balance at the time of opt-out request, or have been
disconnected for non-payment will not be eligible to opt-out of their AMI meter installation. Commercial, Solar,
and common HOA accounts are not eligible to opt out of AMI.
(5) Residential account owners that have opted-out of utilizing a meter with AMI technology will be
assessed a monthly opt-out fee of $35.00 per meter on the next monthly utility bill and each monthly bill
thereafter to cover the cost of staff time, vehicle expense, and annual maintenance costs associated with a manual
meter reading software system. City water account owners may cancel their opt-out status at any time and the
monthly $35.00 fee will be discontinued on their water account starting with the next monthly bill run cycle.
(6) Residential water account owners that have not received approval by the Utilities Department Director
to opt-out of the AMI technology and have not upgraded to a meter with AMI technology on or before January 1,
2023, shall be assessed a monthly fee of $60.00 per meter on the next monthly utility bill and each monthly bill
thereafter until the account owner for that water meter comes into compliance. .
Sec. 25.16.035. Backflow prevention and cross-connection control.
(a)The purpose of this backflow prevention and cross-connection control program is to protect the City's water
system from contaminants or pollutants that could enter the distribution system by backflow from a
customer's water supply system through the service connection. As a supplier of public drinking water, the
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City of Aspen has the authority to survey all service connections within the City's water distribution system to
determine whether any connection is a cross-connection; to control all service connections within the
distribution system that are cross-connections; to charge a fee for the administration of the cross-connection
control program; to maintain records of surveys and the installation, testing and repair of all backflow
prevention assemblies permitted or required under this program; and to administer, implement and enforce
the provisions of this cross-connection control program.
(b)The provisions of this Section apply to all commercial, industrial, multi-family, and single-family residential
service connections with the City's potable water system.
(c)Definitions:
Active Date means the first day that a backflow prevention assembly or backflow prevention method is used
to control a cross-connection in each calendar year.
Air Gap is a physical separation between the free-flowing discharge end of a potable water supply pipeline
and an open or non-pressure receiving vessel installed in accordance with standard AMSE A112.1.2.
Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or
other substances into the public water systems distribution system from any source or sources other than its
intended source.
Backflow Contamination Event means backflow into a public water system from an uncontrolled cross
connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or
presents an immediate health and/or safety risk to the public.
Backflow Prevention Assembly means any mechanical assembly installed at a water service line or at a
plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is
appropriate for the identified contaminant or pollutant at the cross connection and is an in-line field-testable
assembly.
Backflow Prevention Method means any method and/or non-testable device installed at a water service line
or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable
device is appropriate for the identified contaminant or pollutant at the cross connection.
Certified Cross-Connection Control Technician means a person who possesses a valid Backflow Prevention
Assembly Tester certification from one of the following approved organizations: American Society of Sanitary
Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the
certification is invalid.
Containment means the installation of a backflow prevention assembly or a backflow prevention method at
any connection to the City's water system that supplies an auxiliary water system, location, facility, or area such
that backflow from a cross connection into the City's water system is prevented.
Containment by Isolation means the installation of backflow prevention assemblies or backflow prevention
methods at all cross connections identified within a customer's water system such that backflow from a cross
connection into the City's water system is prevented.
Controlled means having an appropriate and properly installed, maintained, and tested or inspected
backflow prevention assembly or backflow prevention method that prevents backflow through a cross connection.
Cross Connection means any connection that could allow any water, fluid, or gas such that the water quality
could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a
customer's water system into a public water system's distribution system or any other part of the public water
system through backflow
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Multi-Family means a single residential connection to the City water system's distribution system from which
two (2) or more separate dwelling units are supplied water.
Service Connection means any connection of a water supply or premises plumbing system to the City of
Aspen's water distribution or system.
Single-family means:
(1)A single dwelling which is occupied by a single family and is supplied by a separate service line; or
(2)A single dwelling comprised of multiple living units where each living unit is supplied by a separate
service line.
Uncontrolled means not having an appropriate and/or properly installed and maintained and tested or
inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or
backflow prevention method does not prevent backflow through a cross connection.
Water Supply System means a water distribution system, piping, connection fittings, valves and
appurtenances within a building, structure, or premises. Water supply systems are also referred to commonly as
premises plumbing systems.
(d)Requirements:
(1)Commercial, industrial, multi-family, and single-family service connections shall be subject to a survey
for cross connections. If a cross connection has been identified, an appropriate backflow prevention
assembly and or method shall be installed at the customer's water service connection within ninety
(90) days of its discovery. The assembly shall be installed downstream of the water meter or as close to
that location as deemed practical by the public water system. If the assembly or method cannot be
installed within ninety (90) days, the Utilities Department shall take action to control or remove the
cross connection, suspend service to the cross connection, and/or receive an alternative compliance
schedule from the Colorado Department of Public Health and Environment.
(2)In no case shall it be permissible to have connections or tees between the meter and the containment
backflow prevention assembly, unless such connections or tees are adequately controlled to achieve
containment by isolation.
a.In instances in which an appropriate backflow preventer cannot be installed to achieve
containment, the property owner must install approved backflow prevention devices or methods
at all cross-connections within the premises plumbing system to achieve containment by
isolation.
(3)Backflow prevention assemblies and methods shall be installed in a location which provides access for
maintenance, testing, and repair, and in accordance with the guidelines and requirements set forth in
the Plumbing Code currently observed by the City of Aspen.
(4)Reduced pressure principle backflow preventers shall not be installed in a manner or location that is
subject to flooding.
(5)Provisions shall be made to provide adequate drainage from the discharge of water from reduced
pressure principle backflow prevention assemblies. Such discharge shall be conveyed in a manner
which does not impact waters of the state.
(6)All assemblies and methods shall be protected to prevent freezing. Those assemblies and methods
used for seasonal services may be removed upon cessation of those seasonal services in lieu of being
protected from freezing. Any and all assemblies and methods that are removed from seasonal points of
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service in lieu of being protected from freezing must be reinstalled and tested by a certified cross
connection control technician prior to recommencing seasonal service.
(7)Where a backflow prevention assembly or method is installed on a water supply system using storage
water heating equipment such that thermal expansion causes an increase in pressure, an approved,
listed, and adequately sized expansion tank or other approved device having a similar function to
control thermal expansion shall be installed.
(8)All backflow prevention assemblies shall be inspected and tested at the time of installation and
inspected and tested at least once annually thereafter. Such tests must be conducted by a Certified
Cross-Connection Control Technician. Backflow Inspectors are required to tag inspected backflow
assemblies indicating date of inspection, a pass/fail designation, and their certification information.
This tag requirement includes PVBs on irrigation systems.
(9)The City Utilities Department shall require inspection, testing, maintenance and as needed repairs and
replacement of all backflow prevention assemblies and methods, and of all required installations
within a customer's premises plumbing system in the cases where containment assemblies and or
methods cannot be installed. City Utilities’ customers shall be charged up to $50 per day fee for non-
compliant and/or uninspected backflow assemblies past the 12 month required inspection date.
(10) All costs for design, installation, maintenance, testing and as needed repair and replacement are to be
borne by the customer.
(11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a backflow
prevention assembly or method will compromise the integrity of the fire sprinkler system.
(12) All building plans for new buildings must be submitted to the City of Aspen Water and Engineering
Departments for review and must be approved by both Departments prior to the provision of water
service. Building plans must show:
a.Water service type, service line size, and location;
b.Water meter size and location;
c.Backflow prevention assembly size, type, and location;
d.Fire sprinkler system type, line size, location, and type of backflow prevention assembly.
(13) All fire sprinkler lines shall have a minimum protection of an approved double check valve assembly for
containment of the system.
(14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced pressure
principle backflow preventer for containment.
(15) Dry fire systems shall have an approved double check valve assembly installed upstream of the air
pressure valve.
(16) In cases wherein the installation of a backflow prevention assembly or method will compromise the
integrity of the fire sprinkler system, the City Utilities Department can choose to not require the
backflow protection. In such cases, the City Utilities Department will measure chlorine residual at a
location representative of the service connection once a month and perform periodic bacteriological
testing at the site. If the City Utilities Department suspects water quality issues, the Department will
evaluate the practicability of requiring that the fire sprinkler system be flushed periodically and require
such flushing where practicable.
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(e)Backflow prevention assemblies or methods shall be tested by a certified cross-connection control technician
upon installation and tested at least once annually thereafter. The tests shall be conducted at the expense of
the customer.
(1)Any backflow prevention assemblies or methods that are non-testable shall be inspected at least once
annually by a certified cross-connection control technician and replaced at least every five (5) years by
a master plumber. The inspections and replacements shall be made at the expense of the customer.
(2)As necessary, backflow prevention assemblies or methods shall be repaired and retested or replaced
and tested at the expense of the customer whenever the assemblies or methods are found to be
defective.
(3)Testing gauges shall be tested and calibrated for accuracy at least once annually.
(f)Reporting and Recordkeeping:
(1)Copies of records of test reports, repairs and retests, or replacements shall be kept by the customer for
a minimum of three (3) years.
(2)Copies of records of test reports, repairs and retests shall be submitted to the Utilities Department by
mail, e-mail, or hand-delivery by the testing company or testing technician.
(3)Information on test reports shall include, but may not be limited to,
a.Assembly or method type
b.Assembly or method location
c.Assembly make, model and serial number
d.Assembly size
e.Test date; and
f.Test results including all results that would justify a pass or fail outcome
g.Certified cross-connection control technician certification agency
h.Technician's certification number
i.Technician's certification expiration date
j.Test kit manufacturer, model, and serial number
k.Test kit calibration date
(4)The Utilities Department must notify the Colorado Department of Public Health and Environment's
Water Quality Control Division (CDPHE) of any suspected or confirmed backflow contamination event
and consult with the CDPHE on any appropriate corrective measures no later than twenty-four (24)
hours after learning of the backflow contamination event. The Utilities Department shall notify the
CDPHE within forty-eight (48) hours after it becomes aware of any backflow prevention and cross-
connection control violation or any backflow prevention and cross-connection control treatment
technique violation. The CDPHE shall distribute public notice of violations as specified in and required
by Colorado Primary Drinking Water Regulation 11.
(g)A properly credentialed representative of the City Utilities Department shall have the right-of-entry to survey
any and all buildings and premises for the presence of cross-connections and/or possible contamination risks
or hazards, and for determining compliance with this Section. This right-of-entry shall be a condition of water
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service from the City in order to protect the health, safety, and welfare of customers throughout the City's
water distribution system.
(h)Compliance:
(1)Customers shall cooperate with the installation, inspection, testing, maintenance, and as needed repair
and replacement of backflow prevention assemblies and with the survey process. For any identified
uncontrolled cross-connections, the Utilities Department shall complete one of the following actions
within ninety (90) days of its discovery:
a.Control the cross connection
b.Remove the cross connection
c.Suspend service to the cross connection
(2)The Utilities Department shall give notice of violation in writing to any owner whose plumbing system
has been found to present a risk to the City's water distribution system through any uncontrolled cross
connection(s). The notice shall state that the owner must install a backflow prevention assembly or
method at each service connection to the owner's premises to achieve containment, or that the owner
must install a backflow prevention assembly on each cross-connection hazard on the premises
plumbing system to achieve containment by isolation. The notice of violation will give a date by which
the owner must comply.
a.In instances in which a backflow prevention assembly or method cannot be installed to achieve
containment, the owner must install approved backflow prevention assemblies or methods at all
cross-connections within the owner's water supply system to achieve containment by isolation.
The notice of violation will give a date by which the owner must comply.
(3)On or before May 1, 2017, and on or before May 1 of each year thereafter, the Utilities Department
shall develop and submit to the Colorado Department of Public Health and Environment its written
backflow prevention and cross-connection control annual report for the prior calendar year, as
required by Colorado Primary Drinking Water Regulation 11.
(i)Violations and Penalties:
(1)It shall be unlawful for any City water customer to operate the customer's premises plumbing system
or water supply system contrary to or in violation of any of the provisions of this Code.
(2)A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable upon
conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of
this Code. A separate offense shall be deemed committed on each day or portion thereof that the
violation of any of the provisions of this Code occurs or continues unabated after the time limit set for
abatement of the violation.
(3)Failure to comply with the terms of this Article, including, but not limited to, failure to pay the
necessary fees, charges and taxes, and failure to otherwise comply with the terms of this Article shall
constitute an offense and a violation thereof. Every person violating this Article shall be punished, upon
conviction, by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00)
per assembly, or by imprisonment for not more than ten (10) days, or both such fine and imprisonment
for each offense. Delinquency for each calendar month shall constitute a separate offense.
( Ord. No. 38-2016 ; Ord. No. 17-2020 , § 1, 11-24-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
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Sec. 25.30.030. Applicability.
(a)After June 22, 2017, the City of Aspen Water Efficient Landscaping standards shall apply to the following
projects that use City of Aspen potable water, as well as to Aspen raw water accounts utilizing City-owned
water rights:
(1)Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. that has a
disturbance area greater than one thousand (1,000) square feet and greater than twenty-five percent
(25%) of the entire lot or parcel.
(2)All building permits that trigger a "substantial remodel" per Title 25 of the Municipal Code, defined as
the increase by fifty percent (50%) or more in the water using capacity of new water using devices or
fixtures installed on a property, as measured by the ECU rating of the existing and proposed
structure(s).
(Ord. No. 18-2002 § 3 [part]; Ord. No. 17-2018 ; Ord. No. 28-2018 ; Ord. No. 9-2020 , 1-28-2020; Ord. No. 9-2020 ,
§ 1, 1-28-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
Sec. 25.30.080. Deposit Requirements for Temporary Certificates of Occupancy.
In accordance with the Water Efficient Landscaping Standards, Section 5.8.3, The City of Aspen shall: (a)
Receive the signed Approval Letter from the project applicant; (b) Approve or deny the Approval Letter. If the
Approval Letter is denied, the City of Aspen shall provide information to the project applicant regarding
reapplication, appeal, or other assistance; (c) If a certificate of occupancy is issued in winter months when
landscaping and irrigation systems cannot be inspected for compliance, Aspen Water Department will require a
deposit equal to the identified cost to complete the landscaping and irrigation plan. Once compliance has been
confirmed, the deposit will be returned in full.
Therefore, if a property owner, or their representative, requests a Temporary Certificate of Occupancy for
City parcel on City Water or County parcel on City Water prior to complete installation of the landscape and
irrigation, followed by a third-party audit, and final City of Aspen Approval Letter, the property owner will submit
an estimate to complete the remaining irrigation and landscaping work and pay a deposit as set out below prior to
issuance of the Temporary Certificate of Occupancy. Temporary Certificates of Occupancies issued during the
winter months must complete associated irrigation and landscaping per submitted plans and pass a completed 3rd
Party Audit and City of Aspen Final Inspection prior to July 15th of the subsequent irrigation season.
For project cost estimates, applicant is required to submit remaining project cost details including: plant
costs, labor costs, and irrigation system costs.
Deposit Schedule for Landscaping and Irrigation
Project cost estimate Deposit
$0—50,000 50%—Minimum $5,000.00
$50,000—100,000 25%
Over $100,000 15%
(Ord. No. 24-2019 , § 1, 11-26-2019; Ord. No. 9-2020 , § 1, 1-28-2020; Ord. No. 20-2021 , § 1, 11-23-2021)
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Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen covering the same matters as embraced
in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution
or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to
the taking effect of this Ordinance.
Section 3.
If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this
Ordinance. The City of Aspen hereby declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases thereof be declared invalid or unconstitutional.
Section 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law.
Section 5.
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 ordinance repealed or amended as herein provided, and the same
shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by
the City Council of the City of Aspen on the 15th day of November, 2022.
Attest:
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved this 29th day of November, 2022.
Attest:
Nicole Henning, City Clerk Torre, Mayor
Approved as to form:
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James R. True, City Attorney
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Page 1 of 3
MEMORANDUM
TO: Mayor and City Council
FROM: Don Pergande, Senior Budget Officer
THRU: Pete Strecker, Finance Director & Sara Ott, City Manager
MEETING DATE: November 15, 2022
RE: First Reading – Ordinance #18 - 2022 Fall Supplemental Request
REQUEST OF COUNCIL: Section A of this fall supplemental request seeks to increase the 2022
budget authority for the City of Aspen by $14,444,694 and would result in annual appropriations
of $225,727,447 for the organization. While significant, this increase is anticipated to be more than
offset by upward revisions for tax collections and other fees and receipts that are anticipated to
exceed original revenue projections by more than $30 million.
Section B of this fall supplemental request seeks to increase the 2022 budget authority for Truscott
II Affordable Housing Fund by $100,000 to begin design work for the stairway replacement. This
is the only anticipated adjustment to the component unit funds for the City of Aspen at this time.
BACKGROUND: Annually, the City makes two routine mid-year modifications to the year’s
original spending plan. Spring supplementals largely incorporate the roll forward of capital and
operating resources that were unspent but are still required and is necessitated by Colorado law.
This fall supplemental packet is more of a reflection of previously approved mid-year actions by
the Council, technical adjustments tied to the City’s financial policies, and can also include a
handful of new requests for unforeseen items and/or for opportunistic actions. While not
technically limited to just two adjustment periods annually, the City does try to incorporate actions
into these two adjustment periods to allow for simplicity and awareness in the appropriation
process.
DISCUSSION: For Section A of the Ordinance, this fall supplemental includes proposed spending
plan adjustments that have been grouped into New Requests (Exhibit B) and Technical
Adjustments (Exhibit C). Expected changes to Revenues and Transfers In (Exhibit D) are also
included, although they do not require formal adoption.
Original 2022
Budget
Spring
Supplemental
Fall
Supplemental
Proposed Adj.
2022 Budget
Proj. Opening Balance $190,355,910 $63,629,316 ($4,574,826) $249,410,400
Revenues $157,262,993 $2,660,020 $30,855,200 $190,778,213
Operating Budget $82,732,737 $5,882,290 $6,113,709 $94,728,736
Capital Outlay $53,108,255 $35,349,792 $5,673,610 $94,131,657
Debt Service $6,564,870 $0 $2,169,435 $8,734,305
Net Appropriations $142,405,862 $41,232,082 $13,956,754 $197,594,698
Transfers $26,096,840 $1,547,970 $487,940 $28,132,750
Total Appropriations $168,502,701 $42,780,052 $14,444,694 $225,727,447
GAAP Adjustment $0 $0 ($2,215,997) ($2,215,997)
Proj. Ending Balance $179,116,202 $23,509,284 $9,619,683 $212,245,169
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New Requests of $5,419,210 are sought for the following items:
(1) The General Fund facilities operational budgets require additional funding to align the
operational budgets with the projected year-end costs. The main drivers are utilities,
custodial and snow removal. City Hall one-time funding of $184,210 and Recreation
Facilities one-time funding of $110,000.
(2) The General Fund, one-time increase of $25,000 for a Regional Climate Collaboration
Event to bring a group of local government officials and key stakeholders in the RFV
together to identify overlapping needs, opportunities, and next steps for implementation
of regional action. The funding would pay for the facility, food, a facilitator/organizer,
and an after-action report. The event would likely be co-funded by other local
governments in the valley.
(3) The Transportation Fund, one-time increase of $200,000 to increase Entrance to
Aspen outreach reaching a broader audience quickly to preparing for a public vote in
March 2023. This additional funding increases total funding for this project to $350,000
in 2022.
(4) The Housing Development Fund, one-time increase of $3,000,000. Burlingame Phase
3 construction project requires additional project funds to replenish the depleted
contingency due to scheduling delays from COVID impacts, material escalation,
pending change orders and construction defects. The project has sufficient capital to
cashflow the project through the end of 2022. However, based on committed costs,
pending change orders and estimated cost to complete, the project will need additional
funds, required for the City Manager to sign additional change orders committing future
capital.
(5) The Golf Course experienced significant visitation and use and as such retail sales and
lessons expenses exceeded established budgeted levels (which also resulted in greater
revenues to offset these costs) as did labor and course materials. Additionally, there
was an emergency repair needed for a hot water heater at the course that also requires
a small appropriation. Overall, one-time budget authority increase of $333,000 offset
by $530,600 in additional direct revenue as well as pass sales and rounds played.
(6) The Employee Benefits Fund, one-time increase of $750,000 to provide a
precautionary cushion in case claims come in hot for the rest of the year. This increase
is partially afforded by greater than anticipated premiums being collected but also able
to be absorbed by existing reserves.
(7) The Employee Housing requires one-time funding of $200,000 to repair a failing
retaining wall on the south side of 14 E Water Place and $100,000 to renovate the
kitchen and bathrooms in a recent unit purchased in Lower Woodbridge in Snowmass
Village.
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(8) The Information Technology Fund one-time increase of $350,000 to install a cooling
system in the City Hall sever room required to move data services from the Armory to
City Hall.
(9) The City of Aspen Fleet budgets require one-time funding of $167,000, Due the
current economic environment, equipment, vehicle, and heavy equipment purchases
have exceeded budgeted authority for necessary replacements for: Streets @ $145,000;
Parks @ $13,500; and Electric @ $8,500.
Technical Requests encompass different types of requests that seek to increase overall budget
authority by $9,025,484. These requests are summarized by category type below and consist of a
net-zero reallocation of authority between funds; authorizing use of dedicated funds; or have been
previously approved by Council. Finally, some requests tie back to increased tax collections and
require pass-through appropriation to remit those funds to the designated stakeholder or vendor.
(1) Council Previously Approved:
a. Debt - Sale of Isis Theater to Aspen Film, Reso. #114 (09/27/2022): $2,169,435
b. Parks - Moore Ranch Acquisition Partnership Funding (05/24/22): $1,000,000
c. Parking – Fire Protection Upgrade, Reso. #87 (07/12/22): $230,00
d. GF Council – HHS Grants Increase (10/25/22): $500,000
e. GF – APCHA Truscott Office Tenant Improvements (Nov 2021): $475,000
f. Kids First – Childcare Grant Increase (10/25/22): $300,000
g. Debt – Sale of Isis Theater Closing Costs and Legal (09/27/2022): $8,100
(2) Transfers Between Funds:
a. Stormwater to AMP-Stormwater Repairs at Paepcke Transit Hub Site: $469,540
b. Electric to Water Fund AMI Project Allocation Decrease/Increase: $242,170
c. General Fund to AMP Fund for Clerks Furniture/Fixtures/Equipment: $18,400
(3) City Financial Policies:
a. Employee Separation (ESL/PTO) Payouts: $586,870
(4) Increase Appropriation Due to Revenue Collections:
a. Tourism Promotion – 1.5% Dedicated Lodging Tax: $1,280,580
b. Public Education – 0.3% Dedicated Sales Tax: $879,789
(5) Remaining Requests:
a. AMP – City Hall Retainage Adjustments: $118,670
b. Employee Housing Turnover and Resale of Units: $518,350
c. General Fund – Police POST Grants: $1,210
RECOMMENDED ACTION: Staff recommends approval for Ordinance #18 and the adoption
of the 2022 Fall Supplemental, increasing the City of Aspen’s 2022 Budget by $14,444,694 and
an adoption for an increase of $100,000 for the Truscott II Affordable Housing Fund 2022 Budget.
CITY MANAGER COMMENTS:
351
Exhibit A: City Of Aspen 2022 Appropriatons By FundExhibit A2022 Audit Opening Balance2022 Adopted Revenue2022 Spring Supplemental Revenue2022 Fall Supplemental2022 Amended Revenue Budget2022 Adopted Expense2022 Spring Supplemental Expense2022 Fall Supplemental2022 Amended Expense BudgetGAAP Adjustment2022 Ending BalanceGeneral Governmental Fund 001 ‐ General Fund$33,717,890$40,579,371 $276,480 $3,293,210 $44,149,061 $40,811,724 $3,717,520 $1,593,380 $46,122,624 ($2,283,220)$29,461,108Subtotal General Gov't Funds$33,717,890$40,579,371 $276,480 $3,293,210 $44,149,061 $40,811,724 $3,717,520 $1,593,380 $46,122,624 ($2,283,220)$29,461,108Special Revenue Governmental Funds100 ‐ Parks and Open Space Fund$12,695,850$15,805,550 $0 $3,661,700 $19,467,250 $14,835,390 $1,580,531 $1,028,330 $17,444,251 $72,015$14,790,864120 ‐ Arts and Culture Fund$41,799,070$5,442,490 $0 $5,500,000 $10,942,490 $5,915,930 $1,430,807 $17,450 $7,364,187 $3,860,975$49,238,348130 ‐ Tourism Promotion Fund$431,880$3,083,500 $0 $1,122,800 $4,206,300 $3,083,500 $245,530 $1,280,580 $4,609,610$0$28,570131 ‐ Public Education Fund$2,370$3,439,700$0 $877,420 $4,317,120 $3,439,700$0 $879,789 $4,319,489$0$1132 ‐ REMP Fund$3,413,780$828,000$0$0 $828,000 $1,370,900$0$0 $1,370,900$0$2,870,880141 ‐ Transportation Fund$18,431,010$5,541,500$0 $742,200 $6,283,700 $4,228,790 $1,302,925 $276,140 $5,807,855$0$18,906,855150 ‐ Housing Development Fund$52,685,240$25,174,880$0 $10,995,100 $36,169,980 $33,292,260 $14,537,141 $3,000,000 $50,829,401$0$38,025,819152 ‐ Kids First Fund$7,468,750$2,654,760$0 $606,100 $3,260,860 $2,538,760 $1,578,700 $382,370 $4,499,830$0$6,229,780160 ‐ Stormwater Fund$3,086,860$1,629,523$0$0 $1,629,523 $964,500 $629,407 $469,540 $2,063,447$0$2,652,936Subtotal Special Revenue Funds$140,014,810$63,599,903$0 $23,505,320 $87,105,223 $69,669,730 $21,305,041 $7,334,199 $98,308,970 $3,932,990$132,744,053Debt Service Governmental Fund250 ‐ Debt Service Fund$374,530$6,147,025$0 $2,130,220 $8,277,245 $6,143,025$0 $2,169,435 $8,312,460$0$339,315Subtotal Debt Service Fund$374,530$6,147,025$0 $2,130,220 $8,277,245 $6,143,025$0 $2,169,435 $8,312,460$0$339,315Capital Projects Governmental Funds000 ‐ Asset Management Plan Fund$33,857,980$4,107,264$1,567,280 $487,940$6,162,484 $6,471,745 $8,399,719 $751,610 $15,623,074$0$24,397,390Subtotal Capital Fund$33,857,980$4,107,264 $1,567,280 $487,940 $6,162,484 $6,471,745 $8,399,719 $751,610 $15,623,074$0$24,397,390Enterprise Proprietary Funds421 ‐ Water Utility Fund$13,831,500$11,110,500 $494,760$0 $11,605,260 $12,537,233 $4,844,805 $246,740 $17,628,778 ($1,577,755)$6,230,227431 ‐ Electric Utility Fund$7,768,870$10,943,900$0$0 $10,943,900 $12,313,295 $1,467,390 ($226,820) $13,553,865$0$5,158,905451 ‐ Parking Fund$4,107,310$4,146,270$0$0 $4,146,270 $5,077,870 $242,578 $238,890 $5,559,338$0$2,694,242471 ‐ Golf Course Fund$1,524,330$2,553,700 $100,000 $530,600 $3,184,300 $2,879,220 $275,980 $361,270 $3,516,470 ($72,015)$1,120,145491 ‐ Truscott I Housing Fund$1,092,370$1,456,210$0$0 $1,456,210 $1,243,320 $419,900$0 $1,663,220$0$885,360492 ‐ Marolt Housing Fund$1,704,810$1,302,000$0$0 $1,302,000 $1,458,180 $840$0 $1,459,020$0$1,547,790Subtotal Enterprise Funds$30,029,190$31,512,580 $594,760 $530,600 $32,637,940 $35,509,118 $7,251,493 $620,080 $43,380,691 ($1,649,770)$17,636,669Internal Proprietary Funds501 ‐ Employee Benefits Fund$3,828,500$6,060,200$0 $250,000 $6,310,200 $6,170,800$0 $750,000 $6,920,800$0$3,217,900505 ‐ Employee Housing Fund$5,898,860$2,943,850$0 $657,910 $3,601,760 $1,546,640 $644,146 $818,350 $3,009,136 ($2,215,997)$4,275,487510 ‐ Information Technology Fund$1,688,640$2,312,800 $221,500$0 $2,534,300 $2,179,920 $1,462,133 $407,640 $4,049,693$0$173,247Subtotal Internal Service Funds$11,416,000$11,316,850 $221,500 $907,910 $12,446,260 $9,897,360 $2,106,279 $1,975,990 $13,979,629 ($2,215,997)$7,666,634ALL FUNDS$249,410,400$157,262,993 $2,660,020 $30,855,200 $190,778,213 $168,502,701 $42,780,052 $14,444,694 $225,727,447 ($2,215,997)$212,245,169Less Interfund Transfers$26,096,840 $1,547,970 $487,940$28,132,750$26,096,840 $1,547,970 $487,940$28,132,750NET APPROPRIATIONS$131,166,153 $1,112,050 $30,367,260 $162,645,463 $142,405,861 $41,232,082 $13,956,754 $197,594,697
2022 Fall Budget Ordinance Exhibits - Page 1 352
Exhibit B ‐ New Requests
Department/Description Operating Capital
New City Hall Operations Budget: The new City Hall at 427 Rio Grande Place is projected to overrun its operating
budget for 2022 and subsequently 2023. The City Hall's estimated budget was derived from a rough building square
footage average taken from the Aspen Police Department and Armory buildings that didn’t have fully comparable or
complex systems and did not fully account for the needed budget. The biggest cost drivers are custodial, electrical, and
snow removal.
$184,210
Recreation Facilities Operations Budget: Recreation is requesting a supplemental increase of $110,000 to fund the
increased facilities utility costs at the Aspen Recreation Center ($96K) and Aspen Ice Garden ($14K). The increasing
costs for water, electricity, natural gas, and trash are forecasted to go over the current budget.
$110,000
Regional Climate Collaboration Event: Climate Action work is taking place at the local government and organizational
level in the Roaring Fork Valley (RFV), but little collaboration is happening at a regional level to mitigate and adapt to
climate change. At the UN Mountain Partnership side event in September, local government leaders in the region came
together for a panel on how each organization is addressing climate change. One reoccurring theme that came from
this event was the desire to work more collaboratively as a region. In response staff is requesting $25,000 to support a
regional climate collaboration event. The event will bring a group of local government officials and key stakeholders in
the RFV together to identify overlapping needs, opportunities, and next steps for implementation of regional action.
The funding would pay for the facility, food, a facilitator/organizer, and an after‐action report. The event would likely
be co‐funded by other local governments in the valley.
$25,000
001 General Fund $319,210 $0
Entrance To Aspen ‐ Outreach: Staff is currently under contract with Manifest Communication for an educational
campaign to increase community awareness surrounding the Entrance to Aspen. This contract was initially planned to
communicate to project influencers and certain groups within the City. It has become clear through the project that
more money and resources need to be committed to reach a broader audience quickly to prepare for a public vote in
March 2023. This increase in audience and timetable results in an increased cost/budget of $200,000. This additional
funding increases total funding for this project to $350,000 in 2022.
Funding provided by this supplemental will allow the project to reach a much wider audience with the educational
campaign. This outreach will include a communications plan that is able to reach as many folks as possible within the
community prior to the March 2023 ballot finalization in January 2023. It will incorporate public meetings, open
houses, pop‐up events, a website, newspaper ads and a social media campaign. This additional funding will assist staff
in working with HNTB for record searches to understand the ROW acquisitions that have occurred in the past and what
ROW acquisitions still need to be finalized along with other engineering questions.
$200,000
141 Transportation Fund $200,000 $0
51289 Burlingame Phase 3: Burlingame Phase 3 construction project requires additional project funds to replenish the
depleted contingency due to scheduling delays from COVID impacts, material escalation, pending change orders and
construction defects. The project has sufficient capital to cashflow the project through the end of 2022. However,
based on committed costs, pending change orders and estimated cost to complete, the project will need additional
funds, required for the City Manager to sign additional change orders committing future capital.
$3,000,000
150 Housing Development Fund $0 $3,000,000
Golf Course Temporary Labor Increase: The Golf Department is requesting a supplemental of $157,000 for our
temporary labor for 2022. This request aligns temporary and seasonal labor budget with golf’s high demand of service
and play. In the 2023 budget, there is an on‐going funding increase to align these costs into the future.
During the beginning of COVID in 2020, golfing saw a dramatic increase in popularity as this sport allowed people to
find a way to safely socialize. This resulted in a 54% increase in pass sales from 832 in 2019 to 1280 in 2022. The golf
course staff consists of 90% temporary and seasonal staff members. With the higher volume of golfers, our customer
service needs in the clubhouse, bag drop / golf cart services area, and driving range have all increased. Similarly, the
increase in play has also increased the maintenance needs of the golf course itself.
$157,000
2022 FALL SUPPLEMENTAL NEW REQUESTS
2022 Fall Budget Ordinance Exhibits - Page 2 353
Exhibit B ‐ New Requests
Department/Description Operating Capital
2022 FALL SUPPLEMENTAL NEW REQUESTS
Golf Course Utilities and Service Cost Increase: Golf is requesting an increase of $56,000 to fund the rising utility costs
water, electric, natural gas, and trash as well as service costs for custodial services. The increasing costs will outpace
the current budget and the trend is projected to continue. These services are essential and fluctuate beyond our
control. This request aligns budget and rising costs in 2022. In the 2023 budget, there is an on‐going funding increase
to align the budget and costs into the future.
$56,000
Golf Lessons ‐ Pass Through to Provider: Net profit of 10% / $5,000 is retained to the Golf Fund, as Golf lesson revenue
exceeded budget by $50,000. This is the formal appropriation required to fund the pass‐through expense to the
provider at the contracted amount.
$45,000
Golf Course General Goods and Services: Due to an increase in overall golf business, additional material and supplies
are needed to offset wear and tear on the golf course. Materials and supplies include seed, sand, fertilizer, fungicide
application, safety equipment, and other general supplies. These supplies are imperative to our operations and ensure
we continue to deliver a world class experience and product.
$40,000
Golf Dues and Memberships ‐ Pass Through: This request is a net zero to the Golf Course bottom line. The City of
Aspen Golf Course facilitates the collection and payment of the ladies and men golf handicaps and memberships to the
Colorado Golf Association. The Colorado Golf Association memberships are the drivers of our ladies and men’s golfing
leagues. Participation in 2022 has exceeded all previous years, and we expect this trend to continue. This funding
request is required to cover expenses already incurred and has an equal revenue offset.
$15,000
51538 Golf Facilities Improvements: An emergency repair and replacement of a hot water heater at the Golf Course
clubhouse was completed in August 2022 for $20,000.
$20,000
471 Golf Course Fund $313,000 $20,000
Health Insurance Claims Paid: Additional authority to provide a cushion incase claims come in hot for the rest of the
year.
$750,000
501 ‐ Employee Benefits Fund $750,000 $0
51668 Retaining Wall Improvement ‐ Water Place: The retaining wall located on the south side of 14 E Water Place is
failing. The grade of the soil/patio which is retained by this wall has dropped around an inch and continues to drop.
This work will leave the existing retaining wall in place and installing a micro‐pile system to retain the soil. This is the
most permanent and least disruptive solution.
$200,000
51669 Snowmass Unit ‐ Renovation: The City of Aspen purchased 35 Lower Woodbridge Rd Suite P158 in Snowmass
Village for use as City of Aspen employee housing. The unit appears to have been last updated over 20 years ago. The
bathrooms and kitchen are run‐down at the end of their usable life. The renovation scope includes replacement of
finishes, fixtures, and appliances in the kitchen and in each bathroom, painting and cleaning of the existing floors and
carpets.
$100,000
505 Employee Housing Fund $0 $300,000
City Hall Server Room Cooling System: The cooling system is required to move data services from the Armory to City
Hall. All equipment is installed in the new City Hall; however, cannot be turned on and made operational until this
cooling system is installed.
$350,000
510 ‐ Information Technology Fund $0 $350,000
City of Aspen Fleet: Due the current economic environment, equipment, vehicle, and heavy equipment purchases have
exceeded budgeted authority for necessary replacements for Streets, Parks, and Electric Departments.
000 ‐ Asset Management Plan ‐ 321 Streets Department $145,000
100 ‐ Parks & Open Space Fund $13,500
431 ‐ Electric Utility Fund $8,500
City of Aspen Fleet ‐ Multiple Funds $0 $167,000
Total New Requests ‐ Operating / Capital:$1,582,210 $3,837,000
2022 Fall Budget Ordinance Exhibits - Page 3 354
Exhibit C ‐ Technical Adjustments
Department/Description Operating Capital Debt
Transfers
Out
Sale of Isis Theater to Aspen Film: This appropriation is required support the payoff
of the outstanding debt on the ISIS COPs, including $2,082,000 of principal, $7,435 in
accrued interest, and finally release of $80,000 held in reserve for capital
improvements at the Isis Theater Building. The sale of this asset was approved via
Resolution #114 (2022) and this appropriation supports the dissolution of debt tied
to the site.
$2,169,435
250 ‐ Debt Service Fund $2,169,435
Moore Ranch Acquisition Partnership Funding: On May 24, 2022, Council approved
$1,000,000 for the joint purchase of the Moore Ranch with Pitkin County by
Resolution 69 and Resolution 112, Series 2022.
$1,000,000
100 ‐ Parks and Open Space Fund $1,000,000
51406 Fire Protection Upgrade ‐ Systematic Replacement of Pipes and Fire System:
Council approved a contract with Kubed Fire Suppression by resolution #87 on July
12, 2022, for the replacement of the fire suppression piping system in the Rio Grande
parking garage. This included additional funding of $230,000. The main driver of the
increase is the rising costs of steel, which is 2.5x its initial estimate. The revised
project total is now $575,000.
$230,000
451 ‐ Parking Fund $230,000
HHS Grant Increase: On October 25, Council approved an increase of $500,000 for
HHS grants. These funds will provide essential, one‐time, relief to eligible Health and
Human Services organizations that provide critical services to the Aspen community
that have experienced inflationary pressures, both on the demand and supply side,
that have threatened these organizations’ ability to continue to provide core services.
These funds will ensure that important services remain available to the neediest
community members.
$500,000
001 ‐ General Fund ‐ Council $500,000
51432 APCHA ‐ Truscott Office Tenant Improvements: Approved in 2021, the
$475,000 contribution from the General Fund to the 620 Housing Administration
Fund for office improvements at Truscott was not made due to oversight but is
required for the Housing Administration fund to maintain proper reserve balances.
$475,000
001 ‐ General Fund ‐ Non Classified $475,000
Childcare Grant Increase: On October 25, Council approved an increase of $300,000
for childcare grants. These funds will provide essential, one‐time, relief to eligible
early childhood education providers that provide a critical service to the Aspen
community. The extremely thin margins of childcare operations have not been able
to keep up with inflationary pressures that have threatened these organizations’
ability to operate at capacity. These funds will ensure that early childhood education,
a core community service, remains open to as many families as possible.
$300,000
152 ‐ Kids First Fund $300,000
2022 TECHNICAL ADJUSTMENTS
Previously Approved by Council
2022 Fall Budget Ordinance Exhibits - Page 4 355
Exhibit C ‐ Technical Adjustments
Department/Description Operating Capital Debt
Transfers
Out
2022 TECHNICAL ADJUSTMENTS
Sale of Isis Theater to Aspen Film: As discussed with Council at the September 27,
2022 meeting, closing costs and legal fees tied to the conveyance of the theater
spaces within Isis Building to Aspen Film (estimated to be no more than $10,000)
tallied $8,093 and require formal appropriation from the General Fund. The sale
successfully closed on October 14, 2022 and was authorized pursuant to the terms of
the original lease agreements with Aspen Film and was ratified via Resolution #114
(2022).
$8,100
001 ‐ General Fund ‐ Non Classified $8,100
Paepcke Transit Hub Construction Contracts: On May 10, 2022 by Resolution #35
(Series 2022) Council approved a contract change order with Gould Construction in
the amount of $238,840 for stormwater related repairs at the Paepcke Transit Hub
site. On July 26, 2022 Council approved Change Order 2 by Resolution #93 (Series
2022) with Gould Construction for additional stormwater related repairs at the site in
the amount of $230,700. Funding for these expenses will come from the 160
Stormwater Fund in an equivalent amount as a transfer.
160 ‐ Stormwater Fund $469,540
000 ‐ Asset Management Plan ‐ 327 Engineering Department $469,540
AMI Project Allocation Adjustment: The Water and Electric Utilities have split the
costs associated with the AMI project based on the work performed for each fund.
The project in total is fully funded, but the allocations between funds needs to be
adjusted. $242,900 is being transferred from the 431 Electric Utility Fund to the 421
Water Utility Fund to align the budget allocation with the remaining work to finish
the AMI project.
431 ‐ Electric Utility Fund ($242,170)
421 ‐ Water Utility Fund $242,170
Project 51536 City Hall FFE: The Clerk's Office purchased furniture as part of the
relocation to the new City Hall building. This purchase is being funded from the
department's savings allocation.
001 ‐ General Fund ‐ 113 Clerks Department ($18,400) $18,400
000 ‐ Asset Management Plan ‐ 119 Asset Department $18,400
Employee Payout: Per City policy, payout of employee accrued PTO and sick leave.
001 ‐ General Fund $289,860
100 ‐ Parks and Open Space Fund $14,830
120 ‐ Arts and Culture Fund $17,450
141 ‐ Transportation Fund $76,140
152 ‐ Kids First Fund $82,370
421 ‐ Water Utility Fund $4,570
431 ‐ Electric Utility Fund $6,850
451 ‐ Parking Fund $8,890
471 ‐ Golf Course Fund $28,270
510 ‐ Information Technology Fund $57,640
Transfers Between Funds
City Financial Policies
2022 Fall Budget Ordinance Exhibits - Page 5 356
Exhibit C ‐ Technical Adjustments
Department/Description Operating Capital Debt
Transfers
Out
2022 TECHNICAL ADJUSTMENTS
Disbursement of Tourism Promotion Funds: Formal appropriations of $1,122,800 in
order to fully disburse all 2022 lodging tax collections to ACRA, based on revised
lodging tax projections.
$1,122,800
Disbursement of Tourism Promotion Funds: Council was informed via memo in May
that appropriations would need to be increased by $157,780 in order to fully
disburse all 2021 lodging tax collections to ACRA.
$157,780
130 ‐ Tourism Promotion Fund $1,280,580
Disbursement of Public Education Funds: Formal appropriations of $879,789 in order
to fully disburse all 2022 Public Education collections, based on revised sales tax
projections. This allows for the distribution to the school district, payment of the
administration fee and distribution of the 2022 beginning fund balance.
$879,789
131 ‐ Public Education Fund $879,789
City Hall Retainage Adjustments: In the 2022 Spring Supplemental, not all of the
eligible appropriation amounts able to be carried forward for projects 51112 and
51114. This adjustment will increase appropriations for these projects by $118,670.
$118,670
000 ‐ Asset Management Plan ‐ 119 Asset Department $118,670
Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee
Housing Units, they are recorded as expense, inventory is reduced and revenue is
recorded. This is the formal authority required for this accounting transaction to be
recorded.
$518,350
505 ‐ Employee Housing Fund $518,350
Police POST Grants: The Aspen Police Department was awarded two training
scholarship for firearms for$1,210 from the I‐70 West POST (Peace Officer Standards
and Training ) Training Region. The primary objective of this program is to further
develop our instructors in their firearms skills to provide training for our staff. These
training took place in May and June of this year and we were later reimbursed for the
expenses.
$1,210
221 ‐ Police Department $1,210
Total Technical Adjustments ‐ Operating / Capital / Transfers: $4,531,499 $1,836,610 $2,169,435 $487,940
Other Requests
Increased Appropriation Due to Revenue Collections
2022 Fall Budget Ordinance Exhibits - Page 6 357
Exhibit D ‐ Revenues / Transfers In
Department/Description New Revenue Transfers In
Paepcke Transit Hub Construction Contracts: On May 10, 2022, by Resolution #35 (Series 2022), Council
approved a contractual change order with Gould Construction in the amount of $238,840 for stormwater‐
related repairs at the Paepcke Transit Hub site. On July 26, 2022, Council approved a second change order
by Resolution #93 (Series 2022) with Gould Construction for additional stormwater related repairs at the
site in the amount of $230,700. Funding for these expenses will come from the 160 Stormwater Fund in an
equivalent amount as a transfer.
$469,540
Project 51536 City Hall FFE: The Clerk's Office purchased furniture as part of the relocation to the new City
Hall building. This purchase is being funded from the department's savings allocation.
$18,400
000 ‐ Asset Management Plan Fund $0 $487,940
Police POST Grants: The Aspen Police Department was awarded two training scholarship for firearms for
$1,210 from the I‐70 West POST (Peace Officer Standards and Training ) Training Region. The primary
objective of this program is to further develop our instructors in their firearms skills to provide training for
our staff. These training took place in May and June of this year, and the costs were reimbursed.
$1,210
001 ‐ General Fund $1,210 $0
Sale of Isis Theater to Aspen Film: This is a reflection of the sale proceeds associated with Aspen Film’s
purchase of its space within the Isis Theater Building, as authorized pursuant to the terms of the original
lease agreement and further ratified via Resolution #114 (2022).
$2,130,220
250 ‐ Debt Service Fund $2,130,220 $0
Golf Greens Fees and Golf Pass Revenue: Golf Green Fees and Golf Pass revenue collections have changed
significantly since 2022 budgets were adopted. This increase aligns the revenue budgets with fee
collections to date as of 10/18/2022 for Greens Fees, $942,600, up $396,600 over budget and Golf Pass
Sales $909,000, up $69,000 over budget for a total increase of $465,600 in 2022. The increase in 2022
offsets the new funding requests for temporary labor and course operations.
$465,600
Golf Lessons ‐ Pass Through to Provider: Net profit of 10% / $5,000 is retained to the Golf Fund, as Golf
lesson revenue exceeded budget by $50,000 offsetting the expense appropriations of $45,000.
$50,000
Golf Dues and Memberships ‐ Pass Through (on‐going): Net zero to the Golf Course bottom line. This
revenue offsets the required appropriation keeping up with the increased demand for the ladies and men
golf handicaps and memberships to the Colorado Golf Association.
$15,000
471 ‐ Golf Course Fund $530,600 $0
Revenue Adjustment: Overall revenue for the Employee Benefits fund is projected to come in $250,000
higher than the 2022 budget.
$250,000
501 ‐ Employee Benefits Fund $250,000 $0
Recording the COGS of the Housing Unit Inventory: At the time of sale of Employee Housing Units, these
are recorded as expense, inventory is reduced and revenue is recorded. This is the formal authority
required for this accounting transaction to be recorded.
$657,910
505 ‐ Employee Housing Fund $657,910 $0
Sales/Lodging/Real Estate Transfer Tax Revisions: Tax revenue estimates have changed significantly since
2022 budgets were adopted. This brings revenue budgets for Sales, Lodging, and Real Estate Transfer Taxes
up to the forecasted amounts shown in the 2023 Proposed Budget for the following funds:
001 ‐ General Fund $3,292,000
100 ‐ Parks and Open Space Fund $3,661,700
120 ‐ Arts and Culture Fund $5,500,000
130 ‐ Tourism Promotion Fund $1,122,800
131 ‐ Public Education Fund $877,420
141 ‐ Transportation Fund $742,200
150 ‐ Housing Development Fund $10,995,100
152 ‐ Kids First Fund $606,100
Multiple Funds $26,797,320 $0
Total Revenue / Transfers In:$30,367,260 $487,940
2022 FALL REVENUE & TRANSFER DETAIL
2022 Fall Budget Ordinance Exhibits - Page 7 358
GAAP Adjustments ‐ Info Only
Department/Description
GAAP
Adjustments
Dissolution of Interfund Advance from Wheeler to General Fund: In a memo from July 25,
2022, staff requested and subsequently received approval to payoff the $2,283,220 remaining
balance on the interfund advance from made from the Arts and Culture Fund in 2020 to
address the impacts of COVID‐19 on the local economy. Early payoff of this advance will yield
interest savings of approximately $120,000.
001 General Fund ‐ 000 Non‐Classified ($2,283,220)
120 ‐ Arts and Culture Fund $2,283,220
Dissolution of Interfund Advance from Wheeler to Water Utility Fund: In a memo from July
25, 2022, staff requested and subsequently received approval to payoff the $1,577,755
remaining balance on the interfund advance from made from the Arts and Culture Fund in
2017 to assist with the purchase of the Woody Creek parcel as a future location for a water
reservoir site. Early payoff of this advance will yield interest savings of approximately
$100,000.
421 ‐ Water Utility Fund ($1,577,755)
120 ‐ Arts and Culture Fund $1,577,755
Dissolution of Interfund Advance from Parks Fund to Golf Fund: In a memo from July 25,
2022, staff requested and subsequently received approval to payoff the $72,015 remaining
balance on the interfund advance from made from the Parks Fund in 2009 to assist with the
start‐up of the golf pro shop operation. Early payoff of this advance will yield interest savings
of approximately $10,000.
($72,015)
471 ‐ Golf Fund ($72,015)
100 ‐ Parks and Open Space Fund $72,015
Purchase of Two Employee Housing Units: On June 28, 2022 by Resolution #83 & # 84 (Series
2022), Council authorized the purchase of two affordable housing units by the 505 Employee
Housing fund for use by city employees. This is a "GAAP Adjustment" meant to lower the
available cash balance in the fund until the properties are no longer considered "inventory" for
accounting purposes.
($2,215,997)
505 ‐ Employee Housing Fund ($2,215,997)
Total GAAP Adjustments:($2,215,997)
Information ONLY ‐ GAAP Adjustments
2022 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
(GAAP) ADJUSTMENTS
2022 Fall Budget Ordinance Exhibits - Page 8 359
ORDINANCE No. 18
(Series of 2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROPRIATING
AN INCREASE IN 1) THE 2022 MUNICIPAL BUDGET; AND 2) THE 2022 BUDGET FOR TRUSCOTT
PHASE II AFFORDABLE HOUSING FUND WHICH IS A COMPONENT UNIT FUND OF THE CITY OF
ASPEN, AND AUTHORIZING APPROPRIATIONS PURSUANT THERE TO
WHEREAS, pursuant to article 9 of the Aspen Home Rule Charter, the Council shall adopt the
budget by resolution on or before the fiscal day established by law (December 15); and
WHEREAS, pursuant to same article 9 of the Aspen Home Rule Charter, allows for amendments
to the adopted budget via sections 9.7 and 9.12; and
WHEREAS, the revised budgets as submitted in Exhibits A & B sets forth the amounts to be
appropriated for expenditure, and estimated revenues, for each accounting fund for the calendar
year 2022,
SECTION 1:
NOW THEREFORE, be it resolved by City Council, that the budget for the City of Aspen, Colorado
for fiscal year 2022, attach hereto as Exhibit A and incorporated herein by this reference, is
hereby amended. All constituted appropriations amounting to $225,727,447, and estimated
revenues amounting to $190,778,213 are hereby declared to be sufficient and necessary to pay
the expenses and certain indebtedness, and provide for a reasonable fund balance at the close
of the fiscal year ending December 31, 2022, as required pursuant to 29‐1‐103 (2), C.R.S.
SECTION 2:
NOW THEREFORE, be it resolved by City Council, that for fiscal year 2022, the budget for Truscott
Phase II Affordable Housing Fund is hereby amended with appropriations amounting to
$1,199,750 and estimated revenues amounting to $1,091,600; that all are hereby declared to be
sufficient and necessary to pay the expenses and certain indebtedness, and provide for a
reasonable fund balance at the close of the fiscal year ending December 31, 2022, as required
pursuant to 29‐1‐103 (2), C.R.S.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST
READING on the 15th day of November 2022.
A public hearing on the ordinance shall be held on the 29th day of November 2022, in the City
Council Chambers, City Hall, Aspen, Colorado.
360
ATTEST:
________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 29th day of November 2022.
ATTEST:
________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
Approved as to Form:
________________________
Jim True, City Attorney
361
Exhibit A: City Of Aspen 2022 Appropriatons By FundExhibit A2022 Audit Opening Balance2022 Adopted Revenue2022 Spring Supplemental Revenue2022 Fall Supplemental2022 Amended Revenue Budget2022 Adopted Expense2022 Spring Supplemental Expense2022 Fall Supplemental2022 Amended Expense BudgetGAAP Adjustment2022 Ending BalanceGeneral Governmental Fund 001 ‐ General Fund$33,717,890$40,579,371 $276,480 $3,293,210 $44,149,061 $40,811,724 $3,717,520 $1,593,380 $46,122,624 ($2,283,220)$29,461,108Subtotal General Gov't Funds$33,717,890$40,579,371 $276,480 $3,293,210 $44,149,061 $40,811,724 $3,717,520 $1,593,380 $46,122,624 ($2,283,220)$29,461,108Special Revenue Governmental Funds100 ‐ Parks and Open Space Fund$12,695,850$15,805,550 $0 $3,661,700 $19,467,250 $14,835,390 $1,580,531 $1,028,330 $17,444,251 $72,015$14,790,864120 ‐ Arts and Culture Fund$41,799,070$5,442,490 $0 $5,500,000 $10,942,490 $5,915,930 $1,430,807 $17,450 $7,364,187 $3,860,975$49,238,348130 ‐ Tourism Promotion Fund$431,880$3,083,500 $0 $1,122,800 $4,206,300 $3,083,500 $245,530 $1,280,580 $4,609,610 $0$28,570131 ‐ Public Education Fund$2,370$3,439,700 $0 $877,420 $4,317,120 $3,439,700 $0 $879,789 $4,319,489 $0$1132 ‐ REMP Fund$3,413,780$828,000 $0 $0 $828,000 $1,370,900 $0 $0 $1,370,900 $0$2,870,880141 ‐ Transportation Fund$18,431,010$5,541,500 $0 $742,200 $6,283,700 $4,228,790 $1,302,925 $276,140 $5,807,855 $0$18,906,855150 ‐ Housing Development Fund$52,685,240$25,174,880 $0 $10,995,100 $36,169,980 $33,292,260 $14,537,141 $3,000,000 $50,829,401 $0$38,025,819152 ‐ Kids First Fund$7,468,750$2,654,760 $0 $606,100 $3,260,860 $2,538,760 $1,578,700 $382,370 $4,499,830 $0$6,229,780160 ‐ Stormwater Fund$3,086,860$1,629,523 $0 $0 $1,629,523 $964,500 $629,407 $469,540 $2,063,447 $0$2,652,936Subtotal Special Revenue Funds$140,014,810$63,599,903 $0 $23,505,320 $87,105,223 $69,669,730 $21,305,041 $7,334,199 $98,308,970 $3,932,990$132,744,053Debt Service Governmental Fund250 ‐ Debt Service Fund$374,530$6,147,025 $0 $2,130,220 $8,277,245 $6,143,025 $0 $2,169,435 $8,312,460$0$339,315Subtotal Debt Service Fund$374,530$6,147,025 $0 $2,130,220 $8,277,245 $6,143,025 $0 $2,169,435 $8,312,460$0$339,315Capital Projects Governmental Funds000 ‐ Asset Management Plan Fund$33,857,980$4,107,264 $1,567,280 $487,940 $6,162,484 $6,471,745 $8,399,719 $751,610 $15,623,074 $0$24,397,390Subtotal Capital Fund$33,857,980$4,107,264 $1,567,280 $487,940 $6,162,484 $6,471,745 $8,399,719 $751,610 $15,623,074 $0$24,397,390Enterprise Proprietary Funds421 ‐ Water Utility Fund$13,831,500$11,110,500 $494,760 $0 $11,605,260 $12,537,233 $4,844,805 $246,740 $17,628,778 ($1,577,755)$6,230,227431 ‐ Electric Utility Fund$7,768,870$10,943,900 $0 $0 $10,943,900 $12,313,295 $1,467,390 ($226,820) $13,553,865 $0$5,158,905451 ‐ Parking Fund$4,107,310$4,146,270 $0 $0 $4,146,270 $5,077,870 $242,578 $238,890 $5,559,338 $0$2,694,242471 ‐ Golf Course Fund$1,524,330$2,553,700 $100,000 $530,600 $3,184,300 $2,879,220 $275,980 $361,270 $3,516,470 ($72,015)$1,120,145491 ‐ Truscott I Housing Fund$1,092,370$1,456,210 $0 $0 $1,456,210 $1,243,320 $419,900 $0 $1,663,220 $0$885,360492 ‐ Marolt Housing Fund$1,704,810$1,302,000 $0 $0 $1,302,000 $1,458,180 $840 $0 $1,459,020 $0$1,547,790Subtotal Enterprise Funds$30,029,190$31,512,580 $594,760 $530,600 $32,637,940 $35,509,118 $7,251,493 $620,080 $43,380,691 ($1,649,770)$17,636,669Internal Proprietary Funds501 ‐ Employee Benefits Fund$3,828,500$6,060,200 $0 $250,000 $6,310,200 $6,170,800 $0 $750,000 $6,920,800 $0$3,217,900505 ‐ Employee Housing Fund$5,898,860$2,943,850 $0 $657,910 $3,601,760 $1,546,640 $644,146 $818,350 $3,009,136 ($2,215,997)$4,275,487510 ‐ Information Technology Fund$1,688,640$2,312,800 $221,500 $0 $2,534,300 $2,179,920 $1,462,133 $407,640 $4,049,693 $0$173,247Subtotal Internal Service Funds$11,416,000$11,316,850 $221,500 $907,910 $12,446,260 $9,897,360 $2,106,279 $1,975,990 $13,979,629 ($2,215,997)$7,666,634ALL FUNDS$249,410,400$157,262,993 $2,660,020 $30,855,200 $190,778,213 $168,502,701 $42,780,052 $14,444,694 $225,727,447 ($2,215,997)$212,245,169Less Interfund Transfers$26,096,840 $1,547,970 $487,940$28,132,750$26,096,840 $1,547,970 $487,940$28,132,750NET APPROPRIATIONS$131,166,153 $1,112,050 $30,367,260 $162,645,463 $142,405,861 $41,232,082 $13,956,754 $197,594,697
362
Exhibit BFund Name2022 Audit Opening BalanceRevenue Budget2022 Spring Supplemental Revenue2022 Fall Supplemental2022 Amended Revenue BudgetExpenditure Budget2022 Spring Supplemental Expense2022 Fall Supplemental2022 Amended Exp BudgetEnding BalanceTruscott Phase II Affordable Housing Fund$798,950$1,199,750 $0 $0 $1,199,750 $991,600 $0 $100,000 $1,091,600$907,100Exhibit B: Component Unit Funds363
MEMORANDUM
TO: City Council
FROM: Misheel Chuluun, Budget Officer
THRU: Sara Ott, City Manager & Pete Strecker, Finance Director
MEETING DATE: November 15, 2022
RE: First Reading – 2023 Fee Ordinance No. 19 (Series 2022)
Request of Council: This memorandum outlines proposed fee changes included in the City’s
Municipal Code under sections 2.12 (Administrative) and 26.104 (Land Use). In addition to these
code revisions, a separate utility rate ordinance will be brought forward for Council consideration.
Summary and Background: Fees are reviewed annually by both staff and Council as part of
budget development, with recommended adjustments accumulated for adoption through an annual
ordinance. Revisions are based on a variety of circumstances but largely incorporate an assessment
of cost recovery for services rendered and/or pertain to external influences such as inflationary
pressure or service demands.
Discussion: Recommended changes discussed during the proposed budget deliberation meetings
with Council are summarized in the bulleted items below and are further outlined in the
accompanying tables. The only new addition since Council’s review of the fee changes is the
Electric Vehicle Charging – Level 2 Charger / Up to $0.25 per kWh.
Golf Course: The fee changes reflect upward inflationary adjustments and a couple of
clarifying renames. Larger increases are on premium services and platinum passes, to
allocate cost increase to customers who also typically consume more resources. “Golf Cart
Punch Pass” is supplanted by “Unlimited Golf Cart Pass” at a higher fee.
Recreation: Fees have been adjusted for inflation and cost recovery throughout for demand
management and streamlining package offerings. Twilight pass is removed to alleviate
low-return pressure on labor resources. Rentals of facilities fees have been renamed to
include “per hour” or “per day” terms for clarification.
Red Brick: Red Brick Arts fee changes are made to provide flexibility to develop new
programs and are structured as hourly blocks to allow for flexibility in new program
development. In last year’s ordinance, adult class fees were structured this way, which was
an effective way to organize programming and corresponding fees. This year, youth and
private adult classes follow the same approach.
Wheeler: Significant rehaul of the fees simplify the fee structure according to how the
current programming/rental of facilities book with ancillary services. The new pricing of
services and rentals incorporate any necessary inflationary adjustments.
Engineering: Temporary occupation of the right-of-way under encroachments by non-
construction commercial operations per month is updated to align with proposed mall lease
rate of $5.00 per square foot by Parks Department.
Parking: A Level 2 electric vehicle charging station rate has been added to be up to
$0.25/kWh.
364
Parks: Mall space lease rate update from $4.43 to $5.00 per square foot.
Proposed fee changes have been built into revenue budgets, but actual collections will depend on
the volume of sales or services rendered. Any fee can be amended in any manner as desired by the
Council and updated for inclusion in the second reading of the ordinance, scheduled for November
29, 2022.
Recommendations: Staff recommends approval of the 2023 proposed fee ordinance.
City Manager Comments:
365
ORDINANCE NO. 19
Series of 2022
Early Season Regular Season
Greens Fees / Passes
Platinum $3,000.00 $3,100.00
Gold $1,625.00 $1,675.00
Silver $1,025.00 $1,050.00
Punch Pass $825.00 $825.00
Junior $235.00 $235.00
Twilight $685.00 $700.00
College Pass $475.00 $475.00
Senior Greens Fee – 9 Hole $43.00 $43.00
Senior Greens Fee – Primary Resident (Must Show
ID)$79.00 $79.00
Military Rate (Must Show Proper ID) N/A $91.00
Green Fee – Max Rate N/A $200.00
Green Fee – Junior N/A $52.00
Green Fee – Guest of Member N/A $91.00
Tournament/Group Booking Rate N/A $300.00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN
MUNICIPAL FEES INCLUDED UNDER SECTION 2 AND 26 OF THE MUNICIPAL CODE.
WHEREAS, the City Council has adopted a policy of requiring consumers and users of the
miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of
providing such programs and services; and
WHEREAS, the City Council has determined that certain fees currently in effect do not raise
revenues sufficient to pay for the attendant costs of providing said programs and services, or are set above
levels necessary to achieve full reimbursement of costs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Aspen Municipal Golf Course, is hereby amended to read as follows:
Sec. 2.12.010. Aspen Municipal Golf Course
Page 1 of 40
366
ORDINANCE NO. 19
Series of 2022
Early Season Regular Season
Cart and Club Rentals
Golf Cart – 18 Holes N/A $26.00
Golf Cart – Members: 18 Holes N/A $24.00
Golf Cart – 9 Holes N/A $21.00
Golf Cart – Members: 9 Holes N/A $19.00
Unlimited Golf Cart Pass N/A $780.00
Pull Cart – 18 Holes N/A $20.00
Pull Cart – Members: 18 Holes N/A $18.00
Pull Cart – 9 Holes N/A $15.00
Pull Cart – Members: 9 Holes N/A $13.00
Rental Clubs – 18 Holes N/A $70.00
Rental Clubs – 9 Holes N/A $50.00
Lockers and Range
Locker for Season N/A $425.00
Range Large Bucket N/A $14.00
Range Large Bucket – Members N/A $12.00
Range Small Bucket N/A $12.00
Range Small Bucket – Members N/A $10.00
Range Punch Pass N/A $222.00
Unlimited Range Pass N/A $999.00
The Recreation Department shall issue Fun Passes that provides access to the holder of such a pass to the
following facilities and activities: use of the James E. Moore Pool, public or open skating at the Lewis Ice
Arena or Aspen Ice Garden, use of the climbing wall at the Red Brick Recreation Center, fitness classes
held at the Red Brick Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis
court rental and usage at the Aspen Tennis Center. Usage, participation and access to the above activities
may be limited to certain times and dates as indicated on the pass.
(Code 1971, §2-33; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §5; Ord. No. 53-
1995, §2; Ord. No. 43-1996, §1; Ord. No. 49-1998, §1; Ord. No. 45-1999, §1; Ord. No. 57-2000, §1; Ord.
No. 5-2002 §1; Ord. No. 47-2002 §18; Ord. No. 63-2003, §8; Ord. No. 2-2004, §1; Ord. No. 38-2004, §10;
Ord. No. 49-2005, §12; Ord. No. 48, 2006, §1; Ord. No. 52-2007; Ord. No. 29-2010§12; Ord. No. 33-
2011§1; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016;
Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-
2022)
That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for Recreation Department Fun Passes, is hereby amended to read as follows:
Sec. 2.12.014 Recreation Department Fun Pass
Page 2 of 40
367
ORDINANCE NO. 19
Series of 2022
Online Fee In-Person Fee
Daily Admission
Youth - Resident N/A $11.00
Youth - Guest (All Inclusive)* N/A $26.00
Adult - Resident N/A $13.00
Adult - Guest (All Inclusive)* N/A $28.00
Senior N/A $11.00
Guest 10 Visit Card (All Inclusive)* $230.00 $250.00
Monthly Pass
Youth / Senior - Resident $65.00 $75.00
Adult - Resident $118.00 $130.00
Family - Resident $225.00 $248.00
Each Additional $25.00 $27.00
20 Visit Card
Youth / Senior Resident $175.00 $205.00
Adult Resident $230.00 $247.00
3 Month Pass
Youth / Senior Resident $160.00 $170.00
Adult Resident $285.00 $302.00
Family Resident $445.00 $481.00
Each Additional $41.00 $45.00
6 Month Pass
Youth / Senior Resident $310.00 $335.00
Adult Resident $400.00 $410.00
Family Resident $850.00 $860.00
Each Additional $78.00 $84.00
Annual Pass
Youth / Senior Resident $520.00 $560.00
Adult Resident $645.00 $720.00
Family Resident $1,380.00 $1,410.00
Each Additional $145.00 $160.00
*All Inclusive - includes full facility usage of swimming pool, cardio and weight rooms, exercise & fitness
classes, climbing tower, public ice skating, equipment rentals including towel, ice skates and locker.
(Ord. No. 27-2003, §2; Ord. No. 38-2004, §14; Ord. No. 49-2005, §3; Ord. No. 48, 2006, §2; Ord. No. 52-
2007; Ord. No. 40-2008; Ord. No. 27-2009§1; Ord. No. 29-2010§1; Ord. No. 29-2012; Ord. No. 48-2013;
Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-
2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Page 3 of 40
368
ORDINANCE NO. 19
Series of 2022
Online Fee In-Person Fee
ARC Meeting Room Rental
Flat Rate per Hour $30.00 $30.00
Online Fee In-Person Fee
Rent Entire Facility
Aspen Ice Garden - per day N/A $5,600.00
Lewis Ice Arena - per day N/A $5,600.00
Rent Private - Ice
Aspen Ice Garden - per hour N/A $360.00
Lewis Ice Arena - per hour N/A $360.00
Rent Non-Profit
Aspen Ice Garden - per hour N/A $265.00
Lewis Ice Arena - per hour N/A $265.00
Other Fees
Skate Sharpening N/A Delete
Skate Sharpening N/A $13.00
Pick-up Hockey / Pick-up Freestyle N/A $17.00
Pick-up Hockey, 10 Punch Pass $135.00 $145.00
Freestyle 20 Punch Pass $270.00 $290.00
Skating Classes N/A N/A
Locker Rental
6-Month Aquatic Locker Rental N/A $80.00
That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Aspen Recreation Center, is hereby amended to read as follows:
(Code 1971, §2-34; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 67-1993, §6; Ord. No. 68-
1994, §6; Ord. No. 53-1995, §3; Ord. No. 43-1996, §2; Ord. No. 49-1998, §2; Ord. No. 45-1999, §2; Ord.
No. 57-2000 §2; Ord. No. 47-2002 §16; Ord. No. 27-2003; Ord. No. 63-2003, §10; Ord. No. 2-2004, §2;
Ord. No. 38-2004, §2; Ord. No. 49-2005, §7; Ord. No. 48, 2006, §4; Ord. No. 52-2007; Ord. No. 27-
2009§3; Ord. No. 29-2010§3; Ord. No. 33-2011§2; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-
2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord.
No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Sec. 2.12.015. Aspen Recreation Center
(Ord. No. 27-2003, §1; Ord. No. 63-2003, §9; Ord. No. 38-2004, §13; Ord. No. 49-2005, §4; Ord. No. 48,
2006, §3; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. 29-2010§2; Ord. No. 29-2012; Ord. No. 48-2013;
Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-
2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena
Page 4 of 40
369
ORDINANCE NO. 19
Series of 2022
Online Fee In-Person Fee
Youth Swim Lessons
Youth Lessons - per session $43.00 $45.00
Private Lessons - per 1/2 hour $60.00 $60.00
Lifeguard Training $285.00 $315.00
Kayak Roll Session without Membership N/A $16.00
Kayak Roll with Membership N/A $7.00
Water Polo Drop In without Membership N/A $16.00
Water Polo Drop In with Membership N/A $7.00
Rentals
Entire Aquatic Facility – For Profit N/A $360.00
Entire Aquatic Facility – Non Profit N/A $270.00
Single Lane Rental in Lap Pool N/A $24.00
Single Lane Rental - Non Profit N/A $15.00
Online Fee In-Person Fee
Adult Programs
Adult Basketball – Drop In N/A $10.00
Adult Volleyball – Drop In N/A $10.00
Men’s Recreation Basketball $825.00 $870.00
Adult Soccer - per team $550.00 $550.00
Adult Softball – Men’s League - per team $1,100.00 $1,100.00
Adult Softball – Coed League - per team $930.00 $930.00
Adult Flag Football - per team $550.00 $550.00
Ariel, Circus, Silks & Trapeze – Drop In N/A $25.00
Ariel, Circus, Silks & Trapeze – Monthly N/A $65.00
Sec. 2.12.030. James E. Moore Pool
(Code 1971, §2-35; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 53-1995, §4 [part]; Ord. No.
43-1996, §3; Ord. No. 49-1998, §3; Ord. No. 45-1999, §3; Ord. No. 47-2002 §17; Ord. No. 63-2003, §11;
Ord. No. 38-2004, §15; Ord. No. 49-2005 §5; Ord. No. 48, 2006, §5; Ord. No. 40-2008; Ord. No.. 27-
2009§4; Ord. No. 29-2010§4; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015;
Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-
2021; Ord. No 19-2022)
That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for miscellaneous leisure and recreation fees, is hereby amended to read as follows:
Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees
That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the James R. Moore Pool, is hereby amended to read as follows:
Page 5 of 40
370
ORDINANCE NO. 19
Series of 2022
Online Fee In-Person Fee
Tennis (These fees are a guidance to set yearly fee agreements with the tennis operator)
Tennis Clinics – Adult N/A $45.00
Tennis Clinics – 10 Punch Pass - Adult $280.00 $325.00
Tennis Lessons - Private - per hour $125.00 $125.00
Tennis Court Rental Fees (Per Court) $32.00 $32.00
Tennis Ball Machine Rental $21.00 $21.00
Tennis One Month Membership - Individual $75.00 $90.00
Tennis One Month Membership - Couple $100.00 $115.00
Tennis One Month Membership - Family $130.00 $150.00
Youth Programs
Youth Baseball $144.00 $150.00
T-Ball $77.00 $83.00
Girls Softball $144.00 $150.00
Day Camp - Daily Rate $47.00 $51.00
Martial Arts – Monthly N/A $51.00
Youth Biking $65.00 $70.00
Specialty Camps - per week $325.00 $350.00
Youth Intramurals
Soccer - per 5 week season $106.00 $112.00
Soccer – Kindergarten - per 5 week season $60.00 $70.00
Basketball - per 12 week season $160.00 $170.00
Basketball – Kindergarten - per 5 week season $60.00 $70.00
Flag Football - per 5 week season $106.00 $112.00
Climbing Wall
Youth Beginner Rock Rats - per month $75.00 $80.00
Youth Boulder Rats - per month $90.00 $104.00
Youth Intermediate / Advanced Climbing - per
month $101.00 $105.00
Junior Rats - (Ages 5-7) - per month $60.00 $70.00
Junior AROCK - per day (Ages 5-7) $65.00 $70.00
Youth AROCK - per day (Ages 8-18) $120.00 $130.00
Gymnasium Rental - 1 Hour $80.00 $80.00
Other Fees
Red Brick Facility Rental - Birthday (2 hours) N/A $160.00
Playhouse $10.00 $10.00
Pickleball Drop In Fee $11.00 $11.00
Pickleball Clinic $160.00 $160.00
Pickleball Summer/Winter Pass $175.00 $175.00
Page 6 of 40
371
ORDINANCE NO. 19
Series of 2022
Online Fee In-Person Fee
Other Fees (continued)
Personal Training Session – 1 hour $110.00 $110.00
ARC Birthday Room - Birthday (2 hours) $160.00 $160.00
ARC – Pavilion Rental $35.00 $35.00
Shower – Drop In $13.00 $13.00
Hockey League – Winter $342.00 $342.00
Hockey Mountain High Tournament – Reg. $1,040.00 $1,040.00
Skate Rental $4.00 $4.00
Towel Rental $4.00 $4.00
Program Fees
Adult Class - up to 2 hrs* $57.00
Adult Class - 2 hrs to 4 hrs* $94.00
Adult Class - full day rate* $187.00
Youth – Art Camp (1 week) $302.00
Gallery Commission (% of gross sales) 40%
Youth Art Class - up to 2 hrs* $40.00
Youth Art Class - 2 hrs to 4 hrs* $80.00
Youth Art Class - full day rate* $120.00
Private Adult Art Class - for an individual, up to 2 hours $300.00
Private Adult Art Class - for a group of 2 - 4 people, up to 2 hours $400.00
Private Adult Art Class - for a group over 5 people, up to 2 hours, per person $80.00
Private Youth Art Class - for a group up to 8 children, up to 2 hours $300.00
Private Youth Art Class - for a group of 9 children or more, up to 2 hours $400.00
*Rate for different classes may vary based on suppy costs.
Facility Fees
Tenant Rent (per sq. foot) $2.04
Parking Permit $113.00
Room Rental (per hour) $27.00
(Code 1971, §2-36; Ord. No. 44-1991, §12; Ord. No. 77-1992, §16; Ord. No. 68-1994, §7; Ord. No. 53-
1995, §4 [part]; Ord. No. 43-1996, §4; Ord. No. 49-1998, §4; Ord. No. 45-1999, §4; Ord. No. 57-2000, §3;
Ord. No. 47-2002, §15; Ord. No. 63-2003, §12; Ord. No. 38-2004, §12; Ord. No. 49-2005, §6; Ord. No.
48, 2006, §6); Ord. 52-2007; Ord. No. 40-2008; Ord. No. 27-2009§2; Ord. No. 29-2010§5; Ord. No. 29-
2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord.
No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.043 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Red Brick Center for the Arts, is hereby amended to read as follows:
Sec. 2.12.043. Red Brick Center for the Arts Fees
(Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Page 7 of 40
372
ORDINANCE NO. 19
Series of 2022
For-Profit Non-Profit
All Rates Below Include Rehearsals & Performances
Public Event Day Rate | Mon-Thurs (up to 2 events
per day)$875 $490
Public Event Day Rate | Fri-Sun (up to 2 events per
day)$965 $540
Tech/Rehearsal Rate | Mon-Thurs $685 $390
Tech/Rehearsal Rate | Fri-Sun $965 $540
Weekly Rate | Mon-Fri (5 day max.) $3,500 $1,960
Private Corporate Event Day Rate $5,000 $975
The Vault Lobby Only (hourly, max. 4 hrs.) N/A $100
Box Office Royalty
Sales Commission | Onsite Events 6% 0%
Sales Commission | Offsite Events 6% 3%
Credit Card Billback
Visa & Mastercard 3% 3%
American Express 4% 4%
Box Office Ticket Sellers
Box Office Staff Onsite | 2hr minimum per staff $31 $31
Box Office Staff Offsite | 2hr minimum per staff $40 $40
Box Office Set-Up
Box Office Event Set-Up Fee | Single Event $200 $100
Box Office Event Set-Up Fee | 5-9 events $800 $400
Support Services
Client Ticket Charge | Comps, Pass Bar Codes, &
Consignment Tickets (per ticket over 25)$0.50 $0.50
Theatre Technicians | 4hr minimum per staff
(hourly)$30 $30
Production Manager | 4hr minimum per staff
(hourly)$40 $40
Custodial Services Technician (hourly) $37 $37
Foodservice Cleaning Fee (hourly) $75 $75
Audio/Lighting Supervisor | 4hr minimum per staff
(hourly)$40 $40
House Management Staff | 4hr minimum per staff
(hourly)$30 $30
Catering Coordination | requires prior arrangement $40 $40
Merchandise Seller $150 5% of gross sales
Merchandise – Recorded Material & Other 10% / 20% of gross N/A
That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Wheeler Opera House, is hereby amended to read as follows:
Sec. 2.12.045. Wheeler Opera House
Page 8 of 40
373
ORDINANCE NO. 19
Series of 2022
For-Profit Non-Profit
Equipment / Instrument Rental
9' Concert Grand Steinway Day Rate | approval
required $225 $255
Piano Tuning, per tuning rate $250 $250
Drum Kit Rental Day Rate $200 $200
Video Media Rental Day Rate | Projector, Screen,
DCP $200 $200
Video Media Rental Weekly Rate | 5 consecutive
days $500 $500
Law Enforcement Records
Accident Reports – In Person
Case Reports
Per Copied Page
Arrest History / Background Checks
Arrest History / Background Checks
Per Copied Page
Criminal History Report Per Name Search (5
names per person)
Extensive Records Search Per Hour
Communications Logging / Hour
Per Audio CD
Case Report/Accident Photos / CD
Records Research / Additional Hour
Body Worn Camera (BWC) Video Per Case
BWC Records Research / Additional Hour
$25.00
*In order to qualify for non-profit rates, organization must be a registered Roaring Fork Valley non-profit
organization or qualifying performing artist.
(Ord. No. 68-1994, §8; Ord. No. 53-1995 §5; Ord. No. 45-1999, §5; Ord. No. 49-1998, §5; Ord. No. 57-
2000, §4; Ord. No. 12-2003, §1; Ord. No. 63-2003, §13; Ord. No. 38-2004, §11; Ord. No. 48, 2006, §7;
Ord. No. 40-2008; Ord. No. 27-2009§6; Ord. No. 29-2010 §6; Ord. No. 29-2012; Ord. No. 48-2013; Ord.
No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-
2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Aspen Police Department, is hereby amended to read as follows:
Sec. 2.12.050. Aspen Police Department fees
$10.00
$7.00
$0.25
$25.00
$15.00
$25.00
$10.00
$0.25
$25.00
$25.00
$20.00
$25.00
Page 9 of 40
374
ORDINANCE NO. 19
Series of 2022
Aspen Police Department
Alarm User Permit
First False Alarm / Year
Second False Alarm / Year
Third and Fourth False Alarm / Year
All Bank Alarms
Late Fees
Central Alarm License Fee
Vehicle Inspection
Certified VIN Inspection
Off-Duty Security/Officer/Hour
Notary Fees
Dog Vaccination and License Fees
Annual Dog Tag Fees
Spayed/Neutered Dog Tag Fee
Senior Citizen/Active Service Dog Tag Fee
Replacement Tag
Permit and Application Fees
$401.70
$100.00
$5,850.00
$401.70
Encroachment Fees
$1,000.00
$1.40
$30.00
$95.00
$5.00
$114.00
$118.00
$237.00
$358.00
$380.00
$12.00
$314.00
$20.00
Sec. 2.12.051. Engineering Department fees
Encroachment License and Application
Encroachment Fees (Minor Encroachment < 3 hrs)
Vacation Application ($325 / hr for estimated 18 hours)
Right-of-way Permit (waived for sidewalk replacement work; additional
hourly review rate of $325/hr will be applied to projects requiring more than 4
hours of review time)
$20.00
$10.00
FREE
$4.00
(Code 1971, §2-38; Ord. No. 77-1992, §17; Ord. No. 68-1994, §§9—11; Ord. No. 53-1995, §§6—10; Ord.
No. 43-1996, §§5—7; Ord. No. 49-1998, §§6—8; Ord. No. 45-1999, §§6—9, 20; Ord. No. 57-2000, §§5,
12; Ord. No. 47-2002, §2; Ord. No.. 63-2003, §2; Ord. 2-2004, §3; Ord. 38-2004, §1; Ord. No. 49-2005,
§1; Ord. No. 48, 2006, §8; Ord. No. 40-2008; Ord. No. 27-2009§7; Ord. No. 29-2010§7; Ord. No. 33-
2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord.
No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Engineering Department, is hereby amended to read as follows:
Permanent Encroachment Fee (per permit)
Permanent Encroachment for Earth Retention (per cuft/mo)
Page 10 of 40
375
ORDINANCE NO. 19
Series of 2022
$5.00
$9.00
$7.00
Map and Plan Printing
$5.00
Landscape and Grading Permit
See fee schedule
See fee schedule
See fee schedule
See fee schedule
$325.00
Environmental Health Fees
Event Plan Review $30.00
Event Inspection Fee $70.00
Swimming Pool Plan Review $79.00
Environmental Health Fees (continued)
Restaurant Site Inspection $82.00
Food Safety Training $82.00
Large Childcare $100.00
Small Childcare $50.00
Plan review application $100.00
$580.00
HACCP plan review – written (not to exceed) $100.00
HACCP plan review – on-site (not to exceed) $400.00
Building Permit Review (per hour) $325.00
Real estate review (not to exceed) $75.00
Construction Mitigation Review Fee (as applicable)
Engineering Development Review Fee
By commercial operations not associated with construction, including
contractors and vendors (per sqft/mo)
Base cost within the core by commercial operations associated with
construction, including contractors and vendors (per sqft/mo). Fees increase by
20% for first exception granted, 30% increase for second exception granted,
40% increase for every exception granted thereafter.
Outside of the core by commercial operations associated with construction
including contractors and vendors (per sqft/mo)
Per copy cost
Temporary Occupation of Right-of-Way Under Encroachments
(Ord. No. 47-2002, §3; Ord. No. 49-2005, §13; Ord. No. 48, 2006, §9; Ord. No. 52-2007; Ord. No. 40-
2008; Ord. No. 27-2009§8; Ord. No. 29-2010§8; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014;
Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-
2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Environmental Health Department, is hereby amended to read as follows:
Sec. 2.12.052. Environmental Health Department fees
Zoning Hourly Review Fee (as applicable)/hr
Parks Development Review Fee (as applicable)
Utilities Development Review Fee (as applicable)
Plan review & pre-operational inspection (not to exceed)
Page 11 of 40
376
ORDINANCE NO. 19
Series of 2022
Food Service License
$0.00
Limited food service (convenience, other) $270.00
Restaurant 0-100 Seats $385.00
Restaurant 101-200 Seats $430.00
Restaurant Over 200 Seats $465.00
Grocery store (0 – 15,000 sq. ft.) $195.00
Grocery store (> 15,000 sq. ft.) $353.00
Grocery store w/ deli (0 – 15,000 sq. ft.) $375.00
Grocery store w/ deli (> 15,000 sq. ft.) $715.00
Mobile Unit (full-service) $385.00
Mobile Unit (pre-packaged) $270.00
Oil & Gas (Temporary) $855.00
Special Event (full-service) $255.00
Special Event (pre-packaged) $115.00
Enforcement Fees and Penalties
Civil Penalty (4 consecutive or 4/5 inspections that don’t “pass”) $1,000.00
GIS Fees
Preprinted Map Small (11” x 17” or smaller) $14.00
Preprinted Map Large on Photo Paper (greater than 11” x 17”) $100.00
Large Format Plotting (greater than 11” x 17”) $30.00
Custom Mapping and Analysis or Misc. Services (per hour, min. 1 hr) $325.00
(Ord. No. 47-2002, §4; Ord. No. 63-2003, §2 Ord. No. 38-2004, §3; Ord. No. 49-2005, §2; Ord. No. 48,
2006, §10; Ord. No. 40-2008; Ord. No. 15-2009; Ord. No. 27-2009§9; Ord. No. 29-2010§9; Ord. 33-2011;
Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-
2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.053 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Geographic Information System Department, is hereby amended to read as follows:
Sec. 2.12.053. Geographic Information System (GIS) Department fees
Free (K-12 school, penal institution, non-profit serving food insecure
populations)
(Ord. No. 47-2002, §5; Ord. No. 63-2003, §3; Ord. No. 48, 2006, §11; Ord. No. 52-2007; Ord. No. 27-
2009§10; Ord. No. 29-2010§10; Ord. No. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-
2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord.
No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Page 12 of 40
377
ORDINANCE NO. 19
Series of 2022
Rio Grande Plaza Parking
Hourly Rate
Maximum Daily Fee
Validation Stickers / Visit
Business Pass (Unlimited Monthly Access)
Unlimited Use Monthly Pass With Reserved Space
Lost Ticket Fee
5-Day Unlimited Access Hotel Pass
Special Events Pass / Day
Access Replacement Card
Commercial Core Pay Parking (between 7:00 AM and 6:00 PM)
Hourly Rates (10:00am to 11:00am) High Season
Hourly Rates (11:00am to 3:00pm) High Season
Hourly Rates (3:00pm to 6:00pm) High Season
Hourly Rates (10:00am to 11:00am) Low Season
Hourly Rates (11:00am to 3:00pm) Low Season
Hourly Rates (3:00pm to 6:00pm) Low Season
30 minutes
Single Space Meters (per 15 minutes)
Residential Permit Parking
Residential Day Pass
Space Rental Fee / Day
First and Second Permit for Residence and Guest
Third Permit for Resident and Guest
Lodge Guest Permit (4-days)
Business Vehicle Permit
High Occupancy Vehicle Permit
Electric Vehicles
Electric Vehicle Charging - Level 2 Charger / Up
to $0.25 per kWh
Electric Vehicle Charging - Level 3 Charger /
$0.45 per kWh
Smart Loading Zone per 15 minutes
$0.45
$150.00
$250.00
$25.00
$60.00
$6.00
$20.00
That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Parking Department, is hereby amended to read as follows:
Sec. 2.12.060. Parking fees
$2.00
$12.00
$6.00
$1.00
$0.50
$8.00
$20.00
Free
$25.00
$4.00
$6.00
$4.00
$2.00
$4.00
$2.00
$3.00
$125.00
Free
Free
$0.50
$0.25
Page 13 of 40
378
ORDINANCE NO. 19
Series of 2022
Miscellaneous Parking
Delivery Vehicle Permit
Service Vehicle
Construction – Residential / Day
Construction – Commercial / Day
Expedited Construction Parking Reservation
(< 48 hours notice) / Space
Reserved Spaces for Approved Activities
Handicapped Parking
Permit Replacement
Tow Truck Cancellation Fee
Boot Fee
Towing Fee (Tickets / Snow / Farmer's)
Towing Fee (72 Hour / Abandoned)
Ticket Late Fee
Neighborhood Electric Vehicles
$40.00
$100.00
$50.00
Free
$75.00
$40.00
$100.00
50% of parking rates
$100.00
2-Neighborhood electric vehicles (NEV’s) are defined as follows: A low-speed electric vehicle which does
not exceed speeds of 20-25 mph. The vehicle must have seat belts, headlights, windshield wipers, safety
glass, tail lamps, front and rear turn signals and stop lamps. These vehicles must have a vehicle
identification number (VIN) and be state-licensed. NEV’s are only permitted within the City limits and on
roads that have speed limits less than 40 mph.
3-High Season includes the months of Jan, Feb, Mar, Jun, Jul, Aug, Sep, and Dec. Low Season includes
Apr, May, Oct and Nov.
$75.00
$160.00
$200.00
$10.00
Free
1-The residential permit parking program restrictions shall be in effect from 8:00 a.m. until 5:00 p.m.,
Monday through Friday (official holidays exempted), unless otherwise specified.
(Code 1971, §2-39; Ord. No. 36-1994, §1; Ord. No. 68-1994, §12; Ord. No. 53-1995, §20; Ord. No. 43-
1996, §17; Ord. No. 49-1998, §9; Ord. No. 45-1999, §9; Ord. No. 57-2000, §5; Ord. No. 4-2002, §1; Ord.
No. 47-2002, §19; Ord. No. 63-2003, §15; Ord. No. 49-2005, §14; Ord. No. 39-2007; Ord. No. 33-2011;
Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No.. 43-2015; Ord. No. 36-2016; Ord. No.
30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Page 14 of 40
379
ORDINANCE NO. 19
Series of 2022
Liquor Licenses
Beer Permit (3.2% by Volume) $10.00
Special Event Permit $25.00
New License $1,000.00
Transfer of Location or License $750.00
Hotel & Restaurant or Tavern including Modest - Renewal Fee $178.75
Beer & Wine including Modest - Renewal Fee $152.50
Retail Liquor Store or Drug Store - Renewal Fee $122.50
Arts or Club-Renewal Fee $115.00
3.2 Beer-Renewal Fee $103.75
Optional Premises License $50.00
Temporary Permit $100.00
Late Renewal Application Fee $500.00
Tastings Permit $100.00
Marijuana Licenses
Medical or Retail Marijuana Center New License Fee $2,000.00
Medical & Retail Marijuana Optional Premise Cultivation License $2,000.00
Medical or Retail Marijuana Infused Products Manufacturers' License $2,000.00
Medical Marijuana Center Applying for Retail Marijuana Store License $2,000.00
Medical or Retail Marijuana Transfer of Ownership $750.00
Medical or Retail Marijuana Change of Location $500.00
Medical or Retail Marijuana Change of Corporation or LLC Structure $100.00
Medical or Retail Marijuana Modification of Premises $100.00
Renewal of Retail or Medical Marijuana License $1,000.00
That Section 2.12.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the City Clerk’s Office, is hereby amended to read as follows:
Sec. 2.12.070. Liquor and marijuana license application fees
(Code 1971, §2-40; Ord. No. 8-1994, §4; Ord. No. 45-1999, §10; Ord. No. 24-2004, §2; Ord. No. 29-2012;
Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-
2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
Page 15 of 40
380
ORDINANCE NO. 19
Series of 2022
Sec. 2.12.080. Parks Department fees
Event Fees
Application Fee
For Profit
Non-Profit
Business License
Up to 7 Days
Event Fees – Non-Profit
Under 50 People
50-100 People
101-200 People
201-500 People
Over 500 People
Event Fees – For Profit
Under 50 People
50-100 People
101-200 People
201-500 People
Over 500 People
Exclusive Use of Park
Athletic Camps
Local (per hour)
Non-Local (per hour)
Athletic Tournaments/Event
Sports Classes / Day Care
Local (per hour)
Non-Local (per hour)
Paragliding Commercial Landing Fee
Flags on Main Street/Flag
Banners on Main Street/Banner
Mall Space Leasing
Price per Square Foot
Filming
3-10 People
11-30 People: Still
11-30 People: Video
31-49 People: Still
31-49 People: Video
50 and Over People
$145.00
$56.00
$29.00
$45.00
$18.00
$18.00
$5.00
$5,610.00
$8,415.00
$1,683.00
$197.00
$449.00
$56.00
$224.00
$337.00
$673.00
$3,927.00
$50.00
That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Parks Department, is hereby amended to read as follows:
$561.00
$29.00
$45.00
$842.00
$2.00
$155.00
$255.00
$360.00
$360.00
$460.00
$870.00
Page 16 of 40
381
ORDINANCE NO. 19
Series of 2022
Tree Fees
Removal Permit
Removal Permit - Development
Mitigation Fee
Development Fees
Encroachments - Minor Review
Encroachments - Major Review
Right of Ways - Minor Review
Right of Ways - Major Review
Landscaping and Grading Permit
Landscape/Resource Review (per sqft)
BUILDING PERMIT FEES
Total Valuation: $1.00 to $5,000.00
Total Valuation: $5,001.00 to $50,000.00
Total Valuation: $50,001.00 to $100,000.00
Total Valuation: $100,001.00 to $250,000.00
BUILDING PERMIT FEES (continued)
Total Valuation: $250,001.00 to $500,000.00
Total Valuation: $500,001.00 to $1,000,000.00
Total Valuation: $1,000,001.00 to $2,500,000.00
Total Valuation: $2,500,001.00 to $5,000,000.00
Total Valuation: Above $5,000,000
Building Permit Review Fee (per hour)
$82.00
$220.00
$46.00
$75.00
$150.00
$75.00
This Section of the Code sets forth building permit fees for the City Community Development Department,
and shall be applied to applications submitted on or after January 1, 2023:
$150.00
$74.00
$0.06
(Ord. No. 45-1999, §11; Ord. No. 47-2002, §6; Ord. No. 63-2003, §14; Ord. No. 38-2004, §5; Ord. 52-
2007; Ord. No. 33-2011; Ord. No. 29-2012; Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord.
No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021;
Ord. No 19-2022)
That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Building and Planning Department, is hereby amended to read as follows:
Sec. 2.12.100. Building and Planning
$25.00
50% of sum of $25 + 5.0% of permit valuation over
$5,000
75% of sum of $2,275 + 3.5% of permit valuation
over $50,000
$4,025 + 2.5% of permit valuation over $100,000
$7,775 + 2.0% of permit valuation over $250,000
$12,775 + 1.75% of permit valuation over $500,000
$21,525 + 1.5% of permit valuation over $1,000,000
$44,025 + 1.25% of permit valuation over $2,500,000
$75,275 + 0.75% of permit valuation over $5,000,000
plus 0.5% of permit valuation over $10,000,000
$325.00
Page 17 of 40
382
ORDINANCE NO. 19
Series of 2022
Fees Due Upon Permit Submittal
Plan Check Fees (as percent of total building
permit outlined above)
Energy Code Fee (as percent of total building
permit outlined above)
Fees Due Upon Permit Issuance
Building Permit Fee (as percent of total building
permit outlined above)
GIS Fee (applicable only if changing building
footprint)
Renewable Energy Mitigation Payment
Use Tax Deposit – City of Aspen
Use Tax Deposit – Pitkin County
Residential Exterior Energy Use
Snowmelt – includes roof and gutter de-icing
systems
Outdoor Pool
Spa – pkg. or portable spas < 64 sqft are exempt
Photovoltaic Systems
Solar Hot Water Systems
Ground Source Heat Pumps
Commercial Exterior Energy Use
Snowmelt – includes roof and gutter de-icing
systems
Outdoor Pool
Spa – pkg. or portable spas < 64 sqft are exempt
Photovoltaic Systems
Solar Hot Water Systems
Ground Source Heat Pumps
2.1% of value of materials for projects over $100,000
0.1% of value of materials
$34 per square foot divided by boiler efficiency
(AFUE)
$136 per square foot divided by boiler efficiency
(AFUE)
$176 per square foot divided by boiler efficiency
(AFUE)
RENEWABLE ENERGY MITIGATION PAYMENT
$6,250 per KWH
$224.65 per square foot
$1,400 per 10,000 BTU per hr
Commercial Onsite Renewable Credits (certain restrictions may apply)
Residential Onsite Renewable Credits (certain restrictions may apply)
$6,250 per KWH
$125 per square foot
$1,400 per 10,000 BTU per hr
$60 per square foot divided by boiler efficiency
(AFUE)
$170 per square foot divided by boiler efficiency
(AFUE)
$176 per square foot divided by boiler efficiency
(AFUE)
(see details below)
65%
15%
100%
$500.00
Page 18 of 40
383
ORDINANCE NO. 19
Series of 2022
CHANGE ORDER FEES
Fees Due Upon Change Order Issuance
Change Order Plan Check Fee for All Review
Agencies
Change Order Energy Code Review Fee – if
applicable
Change Order Building Permit Fee (as a
percentage of revised permit fee)
Fees Due at Issuance of Phase 1 Permit:
Building Permit Review Phasing Fee
Zoning Review Phasing Fee
Construction Mitigation Phasing Fee
Engineering Development Review Phasing Fee
Parks Phasing Fee
Utilities Development Review Phasing Fee
SPECIAL SERVICES FEES
Inspection Fee Outside of Normal Business Hrs.
(per hour, min. 2 hrs.)
Re-inspection Fee (per inspection)
Special Inspections Fee for Unspecified Inspection
Type (per hour, min. 1 hr)
Building Permit Extension Fee – per Occurrence
REPAIR FEES
Permit Fee
Plan Review Fee
Zoning Review Fee
Construction Mitigation Review Fee
Engineering Review
Parks Review Fee
Applications for change orders shall cause a revision to the overall project valuation. Fees for the
previously submitted permit application shall not be refunded or credited toward change order fees. Not
all change orders will require additional fees in each fee category. A change order fee applies each time a
change order is submitted. A change order may propose multiple changes, and applicants are encouraged
to "bundle" their change order requests to minimize fees.
35% of Building Permit Fee
10% of Zoning Review Fee
50% of Construction Mitigation Fee
10% of Engineering Fee
10% of Parks Review Fee
10% of Utilities Review Fee
$325.00/hr.
$325.00/hr.
5%
PHASED PERMITTING FEES
Applications for Building Permits may be issued in "phases" prior to the entire permit being ready for
issuance. For a permit to be issued in phases, all elements of that phase must be reviewed and approved
by the Building Department and applicable referral agencies. A Phased Building Permit still requires
complete submission of all required documents and information for all phases at initial permit application
submission. Issuance of a permit in phases is at the discretion of the Chief Building Official. Fees for
phased permit issuance are in addition to fees due for issuance of a complete building permit.
$325.00/hr.
$325.00/hr.
10% of CMP Review Fee
10% of Engineering Review Fee
$325.00/hr.
$325.00/hr.
$325.00/hr.
$325.00/hr.
7.5% of Building Fee Permit ($5,000 maximum per
extension)
$25.00
Page 19 of 40
384
ORDINANCE NO. 19
Series of 2022
RE-ROOFING AND ROOFING FEE
Permit Fee
Plan Review Fee
Zoning Review Fee
Construction Mitigation Review Fee
Parks Review
Permit Fee
Plan Review Fee
Construction Mitigation Fee
TEMPORARY STRUCTURE
Permit Fee
Plan Review Fee
Parks Review Fee
Fire Department Review Fee
CERTIFICATE OF OCCUPANCY
Permanent Certificate
Temporary Certificate per Occurrence (max $5,000
ea.)
Stop Work Order or Correction Notice – 1st
Infraction
Stop Work Order or Correction Notice – 2nd
Infraction
Stop Work Order or Correction Notice – 3rd
Infraction (license subject to suspension or
revocation)
$25.00 (minimum)
$325.00/hr. (1 hr. minimum)
10% of CMP Review Fee
$25.00
$325.00/hr. (1 hr. minimum)
$325.00/hr. (1 hr. minimum)
$25.00
$25.00/100 sqft of roofing
$325.00/hr.
10% of CMP fee
$325.00/hr.
INTERIOR FINISH & FIXTURE REMOVAL FEE
2 Times Permit Valuation Fee
4 Times Permit Valuation Fee
8 Times Permit Valuation Fee
$100.00
Included in Building Permit Fee
7.5% of Building Permit Fee
Projects that had a Land Use review cannot submit for a building permit until all invoices related to the
Land Use review have been paid in full. Additional penalties, pursuant to Municipal Code Section
26.104.070, Land Use Application Fees, also may be applicable.
For violations of the adopted building codes other than a stop work order or correction notice, the Chief
Building Official may issue a Municipal Court citation. Fees, fines, and penalties by citation for violations
of the Building Code shall be established by the Municipal Court Judge according to the scope and
duration of the offense. Penalties may include: revocation of Contractor License(s); prohibition of any
work on the property for a period of time; recovery of costs to the public for any required remediation of
the site; additional Building Permit Review Fees; fees to recover administrative costs required by City staff
to address the violation; and, other fees, fines, and penalties or assessments as assigned by the Municipal
Court Judge.
No Certificate of Occupancy shall be issued until all fees have been paid in full. Violations of this policy
are subject to fines.
ENFORCEMENT FEES AND PENALTIES
Page 20 of 40
385
ORDINANCE NO. 19
Series of 2022
Project Valuation < = $5,000
Project Valuation > $5,000
FEE WAIVERS FOR NON-PROFIT ORGANIZATIONS
FEE WAIVERS FOR AFFORDABLE HOUSING PROJECTS
The Chief Building Official may from time to time implement lower fees to encourage certain types of
building improvements as directed by the City Council or City Manager. Example programs may include
energy efficiency improvements, accessibility improvements and the like. Special fees shall not exceed
those otherwise required.
Notwithstanding the building permit fee schedule, City Council may authorize a reduction or waiver of
building permit fees, engineering review fees, or construction mitigation fees as deemed appropriate. The
Community Development Director shall waive building permit fees for General Fund Departments of the
City of Aspen consistent with City policy.
The Community Development Director may reduce building permit review fees by no more than 50% for
projects with a fee significantly disproportionate to the service requirements. The City may not waive or
reduce fees collected on behalf of a separate government agency. The City may not reduce or waive a tax.
COMMUNITY PURPOSE DISCOUNT PROGRAMS
Applications submitted for Building Permits by nonprofit organizations (as determined by their 501(c)3
status and those organizations that do not have a tax base) are eligible to have planning/building permit
fees waived based on the following schedule:
100% Fee Waiver
50% Fee Waiver of Fees for Project Valuations
between $5,000 and $250,000
Building Plan Check, Energy Code, Permit Fees, Engineering, Parks and Utilities Review Fees:
Fee waivers shall not exceed a combined value of $15,000 for a single project per twelve consecutive
month period. All other applicable utilities fees are not subject to this waiver, including but not limited to:
investment charge, connection permit, tap fees, hook-up charges, service fees, and electric extension costs.
Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100
percent fee waiver for Building, Engineering, Parks, Zoning, and Utility Plan Review fees; Construction
Mitigation Plan Review; Aspen Energy Code Payment; Building Permit Fee; and GIS Fee; excluding fees
levied by jurisdictions other than the City of Aspen. This fee waiver shall be limited to new projects, and
does not apply to existing individual affordable housing units that may be seeking a remodel, expansion,
etc.
SMALL LODGE PROGRAM
Applications for Building Permits for Small Lodges, as defined in Ordinance 15, Series 2015, are eligible
for reduced building permit review fees based on the following schedule. To be eligible for the discount,
all lodges must enter into an agreement with the City stating that the property will remain a lodge for a
minimum number of years, and that if the use changes during that time period, the property shall owe the
City 100% of the building permit fees. The reductions shall apply to Plan Check, Energy Code, Zoning
Review, Engineering Review, CMP, and Building Permit fees.
Page 21 of 40
386
ORDINANCE NO. 19
Series of 2022
Category of Work % of Building Permit
Fee Charged
Length of City
Agreement
Minor interior upgrade (e.g., paint, carpet, light
fixtures)25% 5 years
Minor exterior upgrade (e.g., new windows, new
paint/exterior materials)25% 5 years
Major interior upgrade A (e.g., remodel units,
including bathrooms)50% 10 years
Major interior upgrade B (e.g., remodel common
areas and any kitchen/food service facilities)50% 10 years
Redevelopment or Major Expansion 75% 20 years
Engineering Development Fees
200 – 500 Square Feet
501 – 1000 Square Feet
1,001 – 15,000 Square Feet
Above 15,000 Square Feet
Additional Planning Review Fee (per hr, min. ½
hr)
Construction Mitigation Fees
400 – 15,000 Square Feet
Above 15,000 Square Feet
Additional Review Fee
Hourly fee to review changes, additions, or
revisions to plans or land use review cases
This Section of the Code sets forth engineering review fees for the City Engineering Department, and shall
be applied to applications submitted on or after January 1, 2023:
$567.74
$1,703.21
$1,703.21 + $2.14 per sq. ft. over 1,000
$1,703.21 + $2.14 per sq. ft. over 1,000 + $0.103
over 15,000
$325.00/hr.
Plan Check fees are not refundable for expired or cancelled permits. Impact mitigation fees for un-built
projects (construction not started) shall be refunded 100%. Building permit and impact fees for partially
constructed projects are not refundable. Expired or cancelled permits are not renewable. Projects with
expired or cancelled permits must reapply for building permits and pay all applicable fees. Projects with
expired or cancelled permits that have previously paid impact fees need only pay (or be refunded) the
difference in impact fees when applying for a new permit.
EXPIRED or CANCELLED PERMITS and REFUNDS
$1.07 per sq. ft.
$1.07 per sq. ft. to 15,000 + $0.03 per sq. ft. over
15,000
Fifty percent of the construction mitigation fee will be collected at permit submission; the remaining fifty
percent upon permit issuance. Fees are not triggered unless a Construction Mitigation Review is
performed. Triggers for the Construction Mitigation Review are located in the Construction Mitigation
Plan requirements.
$325.00/hr.
This Section of the Code sets forth electrical permit fees for the City Community Development Department,
and shall be applied to applications submitted on or after January 1, 2023:
Page 22 of 40
387
ORDINANCE NO. 19
Series of 2022
RESIDENTIAL ELECTRICAL FEES
Living area not more than 1,000 square feet
Living area 1,001 to 1,500 square feet
Living area 1,501 to 2,000 square feet
Living area over 2,000 square feet
Other Electrical Installation Fees
Installation Permit on Projects Valuing Less than
$2,000
Installation Permit on Projects Valuing $2,000 or
More
Re-Inspections
Extra Inspections
Photovoltaic Generation System
(Valuation based on cost to customer of labor,
materials, & items)
Residential: Valuation not more than $2,000
Residential: Valuation $2,001 and above
Commercial: Valuation not more than $2,000
Commercial: Valuation $2,001 and above
Mechanical Permit (per unit)
Supplemental Permit for which the original has not
expired, been canceled or finalized (per unit)
Forced-air or gravity-type furnace or burner,
including attached ducts and vents; floor furnace,
including vent; suspended heater; recessed wall
heater or floor-mounted unit heater (per unit)
This Section of the Code sets forth mechanical permit fees for the City Community Development
Department, and shall be applied to applications submitted on or after January 1, 2023:
Fee is based on the enclosed living area only, includes construction of, or remodeling or addition to a
single-family home, duplex, condominium, or townhouse.If not wiring any portion of the above listed
structures, and are only changing or providing a service, see “Other Electrical Installation Fees” below.
$155.00
$233.00
$310.00
$310.00 + $16.00 per 100 sqft over 2,000
Including some residential installations that are not based on square footage (not in a living area, i.e.,
garage, shop, and photovoltaic, etc.). Fees in this section are calculated from the total cost to customer,
including electrical materials, items and labor - whether provided by the contractor or the property owner.
Use this chart for a service connection, a temporary meter, and all commercial installations.
$115.00 plus $11.50 per thousand or fraction thereof
(max $500)
$115.00
$115.00
$115.00 plus $11.50 per thousand or fraction thereof
(max $1,000)
$155.00
$155.00 + $16.00 per thousand dollars (rounded up)
$77.50
$77.50
$66.31
MECHANICAL PERMIT FEES
$66.31
$26.53
UNIT FEE SCHEDULE
Furnaces (installation or relocation)
Page 23 of 40
388
ORDINANCE NO. 19
Series of 2022
Each appliance vent installed and not included in
an appliance permit
Each refrigeration unit, cooling unit, absorption
unit or each heating, cooling, absorption or
evaporative cooling system, including installation
of controls regulated by the Mechanical Code
Each boiler or compressor to and including 3
horsepower (10.6 kW) or each absorption system
to and including 100,000 Btu/h (29.3 kW)
Each boiler or compressor over 3 horsepower (10.6
kW) to and including 15 horsepower (52.7 kW) or
each absorption system over 100,000 Btu/h (29.3
kW) to and including 500,000 Btu/h (293.1 kW)
Each boiler or compressor over 15 horsepower
(52.7 kW) to and including 30 horsepower (105.5
kW) or each absorption system over 500,000 Btu/h
(146.6 kW) to and including 1,000,000 Btu/h
(293.1 kW)
Each boiler or compressor over 30 horsepower
(105.5 kW) to and including 50 horsepower (176
kW) or each absorption system over 1,000,000
Btu/h (293.1 kW) to and including 1,750,000 Btu/h
(512.9 kW)
Each boiler or compressor over 50 horsepower
(176 kW) or each absorption system over
1,750,000 Btu/h (512.9 kW)
Each air-handling unit to and including 10,000
cubic feet per minute (cfm) (4,719 L/s), including
ducts attached thereto
Each air-handling unit over 10,000 cfm (4,719 L/s)
Each evaporative cooler other than portable type
Cooling Systems
Boilers, Compressors and Absorption Systems (installation or relocation)
$33.16
$66.31
Appliance Vents (installation, relocation or replacement)
$33.16
$66.31
Evaporative Coolers
$33.16
$331.56
Air Handlers
Fee does not apply to units included with a factory-assembled appliance, cooling unit, evaporative cooler
or absorption unit for which a permit is required elsewhere in the Mechanical Code.
$33.16
$132.63
$176.83
$265.25
Page 24 of 40
389
ORDINANCE NO. 19
Series of 2022
Each ventilation fan connected to a single duct
Each ventilation system which is not a portion of
any heating or air-conditioning system authorized
by a permit
Each hood which is served by the mechanical
exhaust, including the ducts for such hood
Each appliance or piece of equipment regulated by
the Mechanical Code but not classed in other
appliance categories or for which no other fee is
listed in the table
Hourly inspection fee outside of normal business
hrs (min. 2 hrs)
Re-inspection fees assessed under Section 305.8
(per inspection)
Hourly inspections fee for unspecified inspection
type(min. 1 hr)
Hourly fee for additional plan review required by
changes, additions or revisions to plans or plans for
which an initial review has been completed
Plumbing Permit (per issuance)
Each supplemental permit for which the original
has not expired, been canceled or finalized
Each plumbing fixture or trap or set of fixtures on
one trap (including water, drainage piping and
backflow protection)
For repair or alteration of drainage or vent piping,
each fixture
Each building sewer and each trailer park sewer
Each industrial waste pretreatment interceptor,
including its trap and vent, excepting kitchen-type
grease interceptors functioning as traps
Rainwater systems, per drain (inside buildings)
Ventilation and Exhaust
$325.00
$325.00
$325.00
$325.00
Miscellaneous
Other Mechanical Inspections Fees
$26.53
$33.16
$33.16
$33.16
$26.53
$13.26
Sewers, Disposal Systems and Interceptors
$265.25
This Section of the Code sets forth plumbing permit fees for the City Community Development Department,
and shall be applied to applications submitted on or after January 1, 2023:
PLUMBING PERMIT FEES
$66.31
$26.53
UNIT FEE SCHEDULE
Fixtures and Vents
$66.31
$33.16
Page 25 of 40
390
ORDINANCE NO. 19
Series of 2022
For installation, alteration or repair of water piping
or water-treating equipment or both, each
For each water heater, including vent
Each gas piping system of one to five outlets
Each additional outlet over five, each
Each lawn sprinkler system on any one meter,
including backflow protection devices thereof
1 to 5 devices
Over 5 devices, each
2 inches (50.88 mm) and smaller
Over 2 inches (50.8 mm)
Each public pool
Each public spa
Each private pool
Each private spa
Each appliance or piece of equipment regulated by
the Plumbing Code but not classed in other
appliance categories or for which no other fee is
listed in this code
Hourly inspection fee outside of normal business
hrs. (min. 2 hrs)
Re-inspection fees – inspections required after a
failed inspection (per inspection)
Hourly inspections fee for unspecified inspection
type (min. 1 hr)
Hourly fee for additional plan review required by
changes, additions or revisions to plans or plans for
which an initial review has been completed
$33.16
Gas Piping Systems
$13.26
$6.63
$33.16
$53.05
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
$26.53
$26.53
For atmospheric-type vacuum breakers or backflow protection devices not included in Fixtures and Vents:
Water Piping and Water Heaters
$26.53
$6.63
Each backflow-protection device other than atmospheric-type vacuum breakers:
$325.00
$325.00
$325.00
Miscellaneous
$33.16
Other Plumbing Inspection Fees
$325.00
Swimming Pools
$1,591.50
$795.75
$530.50
$265.25
Page 26 of 40
391
ORDINANCE NO. 19
Series of 2022
Unlimited
Commercial
Light Commercial
Homebuilder
Alteration and Maintenance
Drywaller Fire Resistive Construction &
Penetrations
Excavation
Insulation / Energy Efficiency
Mechanical Contractor
Radon Mitigation
Roofing
Solid Fuel and Gas Appliance
Temporary Contractor
Tent Installer
Concrete
Low Voltage
Masonry
Fire Alarm System Installer
Fire Sprinkler System Installer
This Section of the Code sets forth licensing fees for the City Community Development Department, and
shall be applied to applications submitted on or after January 1, 2023:
General Contractor Licenses (3-year term)
Specialty Contractor Licenses (3-year terms)
$450.00
$450.00
$450.00
$142.00
$142.00
$142.00
$142.00
$450.00
$142.00
$142.00
$142.00
$142.00
(Ord. No. 63-2003, §7; Ord. No. 38-2004, §6; Ord. No. 49-2005, §8; Ord. No. 48, 2006, §12; Ord. No. 3-
2011, §1; Ord. No. 29-2012; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018;
Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
$142.00
$142.00
$142.00
$142.00
$142.00
$142.00
$142.00
Page 27 of 40
392
ORDINANCE NO. 19
Series of 2022
FEES
Application
Monthly Membership
Hourly Usage
Per Mile Usage
Fixed daily Rate
No Reservation Fee
Emergency Cleaning (per hour, plus cleaning
costs)
Missing/Incorrect Trip Ticket/Reservation
NSF Check
Lost Key Fee
Late Return Fee (per hour, plus applicable taxi
fees)
Low Fuel Fee (plus applicable taxi fees)
CREDITS
Inconvenience Credit (per hour, plus applicable
taxi fees)
Referral
Refuel / Wash
That Section 2.12.130 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Car-to-Go Carshare Program, is hereby amended to read as follows:
$10.00
$4 - $6
$25.00
$30 - $50
$50.00
$50.00
$30 - $50
$30 - $50
$30 - $50
$30 - $50
$0.40 - $0.60
$70 - $90
Sec. 2.12.130. Car-To-Go Carshare Program fees
(Ord. No. 29-2012; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No.
40-2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
$30 - $50
$25.00
$4 / $6
Page 28 of 40
393
ORDINANCE NO. 19
Series of 2022
Sec. 2.12.140. Stormwater fees
Fee-in-Lieu of Detention Fee (per cubic foot of
detention req.)
Monthly Recurring
Charge Non-Recurring Charge
High-Speed Dedicated Internet Access (DIA)*
100 Mpbs/100 Mpbs Upload/Download $350.00 $250.00
200 Mpbs/200 Mpbs Upload/Download $500.00 $250.00
500 Mpbs/500 Mpbs Upload/Download $750.00 $250.00
1 Gbps/1 Gbps Upload/Download $1,500.00 $250.00
That Section 2.12.140 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Stormwater Department, is hereby amended to read as follows:
$78.78
(a) The fee is based on 100 percent of the estimated cost of constructing a detention facility on-site. The
City Engineer at his/her sole discretion may require a certified cost estimate for construction of detention
meeting the standards contained in the Urban Runoff Management Plan (Manual) established in Sec
28.02.010 and may accept at his/her sole discretion this amount to be paid in-lieu-of detention.
(b) Required detention storage shall be calculated at the rate of 6.20 cubic feet per 100 square feet of
impervious area. The City Engineer at his/her sole discretion may require a certified storage volume
estimate for construction of detention meeting the standards contained in the Urban Runoff Management
Plan (Manual) established in Sec 28.02.010 and may accept at his/her sole discretion this amount to be
used for detention volume storage requirements.
(Ord. No. 40-2008; Ord. No. 27-2009§11; Ord. No. 29-2010§11; Ord. No. 15-2011§2; Ord. No. 29-2012;
Ord. No. 48-2013; Ord. No. 36-2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-
2018; Ord. No. 32-2019; Ord. No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
That Section 2.12.150 of the Municipal Code of the City of Aspen, Colorado, which section sets forth user
fees for the Community Broadband, is hereby amended to read as follows:
Sec. 2.12.150. Community Broadband
(Ord. No 22-2021; Ord. No 19-2022)
*1. Assumes fiber pair available to location
2. Internet service includes 1 dynamic IP address
3. Higher bandwidth and different services may be available on a customized basis
4. Flexibility at discretion of Aspen City Manager
Page 29 of 40
394
ORDINANCE NO. 19
Series of 2022
That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section sets forth
land use application fees, is hereby amended to read as follows:
The Community Development Director shall bill applicants for any incidental costs of reviewing an
application at direct costs, with no administrative or processing charge.
Planning Review: Deposit and Billing Administration
This Section of the code sets forth certain fees related to planning and historic preservation as follows,
applicable to applications submitted on or after January 1, 2023:
Sec. 26.104.070. Land Use Application Fees
The Community Development Department staff shall keep an accurate record of the actual time required
for the processing of each land use application and additional billings shall be made commensurate with
the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time than is covered by the deposit. In the event the processing of an
application by the Community Development Department takes less time than provided for by the deposit,
the Department shall refund the unused portion of the deposited fee.
The Community Development Director shall establish appropriate guidelines for the regular issuance of
invoices and collection of amounts due.
The Community Development Director shall establish appropriate guidelines for the collection of past due
invoices, as required, which may include any of the following: 1) assessment of additional late fees for
accounts at least 90 days past due in an amount not to exceed 1.75% per month, 2) stopping application
processing, 3) reviewing past-due accounts with City Council, 4) withholding the issuance of a
Development Order, 5) withholding the recordation of development documents, 6) prohibiting the
acceptance of building permits for the subject property, 7) ceasing building permit processing, 8) revoking
an issued building permit, 9) implementing other penalties, assessments, fines, or actions as may be
assigned by the Municipal Court Judge.
Flat fees for the processing of applications shall be cumulative. Applications for more than one land use
review requiring an hourly deposit on planning time shall require submission of the larger deposit amount.
Land use review fee deposits may be reduced if, in the opinion of the Community Development Director,
the project is expected to take significantly less time to process than the deposit indicates. A determination
shall be made during the pre-application conference by the case planner. Hourly billing shall still apply.
Review fees for projects requiring conceptual or project review, final or detail review, and recordation of
approval documents. Unless otherwise combined by the Director for simplicity of billing, all applications
for conceptual/project, final/detail, and recordation of approval documents shall be handled as individual
cases for the purposes of billing. Upon conceptual/project approval all billing shall be reconciled, and all
past due invoices shall be paid prior to the Director accepting an application for final/detail review.
Final/detail review shall require a new deposit at the rate in effect at the time of final application
submission. Upon final/detail approval, all billing shall again be reconciled prior to the Director
accepting an application for review of recordation documents.
Notwithstanding the planning review fee schedule, the Community Development Director shall waive
planning review fees for General Fund Departments of the City of Aspen consistent with City policy.
Notwithstanding the planning review fee schedule, City Council may authorize a reduction or waiver of
planning review fees as deemed appropriate.
Page 30 of 40
395
ORDINANCE NO. 19
Series of 2022
Total Fees < $2,500
Total Fees $2,500 - $10,000
Pre-Application / Pre-Permit Meetings
Call-in / Walk-in Development Questions
GMQS – SF or Dx on Historic Landmark
Historic Designation
Historic Preservation – Exempt Development
Historic Preservation – Minor Amendment, HPO
Review
Historic Preservation – Minor Amendment,
Monitor Review
Development Order Publication Fee
First Residential Design Compliance Review Free
Free
Free
Free
Free
Applications submitted for new projects that are 100 percent affordable housing are eligible for a 100
percent fee waiver of Planning Review fees.
Free Services
Free
Free
Free
Free
Applicant meetings with a Planner to discuss prospective planning applications or prospective building
permit applications are a free service and staff time is not charged to the applicant. However, this service
is limited to the time reasonably necessary for understanding a project's requirements, review procedures,
City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff time
significantly in excess of that which is reasonably necessary. Billing will be at the Planning hourly billing
rate. The applicant will be notified prior to any billing for pre-application or pre-permit service.
Fee waivers shall not exceed a combined value of $6,250 for a single project per organization over a
twelve consecutive month period. Notwithstanding the planning review fee schedule, City Council may
authorize a reduction or waiver of planning review fees as deemed appropriate.
100% Waiver
50% Waiver
Fee Waivers for Affordable Housing Projects
Fee Waivers for Non-Profit Organizations
Applications submitted for Land Use/Historic Preservation reviews by nonprofit organizations, (as
determined by their 501(c)3 status and those organizations that do not have a tax base) are eligible to have
planning review fees waived based on the following schedule:
Page 31 of 40
396
ORDINANCE NO. 19
Series of 2022
GMQS – Temporary Food Vending
Code Interpretation – Formal Issuance
Historic Preservation – Certification of No
Negative Effect
Temporary Use – Admin.
GMQS – SF or Dx Replacement, Cash-in-Lieu
GMQS – SF or Dx Replacement, Admin.
GMQS – Change-in-Use for Historic Landmark
GMQS – Minor Enlargement for Historic
Landmark
GMQS – Alley Store
GMQS – Exemption from MF Housing
Replacement
Residential Design Compliance Review (after 1st
free review)
Residential Design Variance, Admin.
GMQS – Minor Enlargement, Non-Historic
Review of Administrative Subdivisions,
Condominium Plats, or Amendments (Includes
City Attorney and other referral departments’ time
at same hourly rate; City Engineer review time
billed at rate specified below)
Recordation Documents Review - Subdivision
plats, Subdivision exemption plats (except
condominiums), PD plans, development
agreements, subdivision agreements, PD
agreements, or amendments to recorded documents
(Includes City Attorney and other referral
departments’ time at same hourly rate; City
Engineer review time billed at rate specified
below)
Administrative wireless telecommunication review
Admin. Condominium or Special Review
Admin. ESA or ESA Exemption
Admin. Subdivision – Lot Line Adjustment
Admin. PD Amendments
Admin. Commercial Design Review Amendment
Additional Hours – If necessary (per hour)
Hourly Engineering Review Fee (billed with
Planning Case)
$325.00
$325.00
$325.00
Planning Review – Administrative, Flat Fees
$81.00
$81.00
$81.00
$163.00
$975.00 (3-hour deposit)
$1,300.00 (4-hour deposit)
$325.00
Planning Review – Administrative, Hourly Fees
If review process takes less time than the number of hours listed below, refunds will be made to applicants
for unused hours purchased within initial deposits.
$650.00 (2-hour deposit)
$975.00 (3-hour deposit)
$325.00
$325.00
$325.00
$163.00
$325.00
$650.00
Referral Agency Fees: Administrative, If Applicable
$325.00
Page 32 of 40
397
ORDINANCE NO. 19
Series of 2022
Hourly Aspen / Pitkin County Housing Authority
(billed with Planning Case)
City Parks Department, Flat Fee
City Environmental Health Department, Flat Fee
Historic Preservation – Minor Development
Historic Preservation – Major Development up to
1,000 sq. ft. Temporary Use, City Council Vested
Rights Extension, City Council Appeals of
Administrative or Board Decisions
Historic Preservation – Major Development over
1,000 sq. ft.
Historic Preservation – Demolitions and Off-Site
Relocations
Historic Preservation – Substantial Amendment
Board of Adjustment Variance
Timeshare -- P&Z Review
Growth Management (includes AH certification),
Conditional Use Special Review (includes ADU @
P&Z), Environmentally Sensitive Area Review,
Residential Design Variance – P&Z Minor
Subdivision – Lot Split, Historical Lot Split
PD Amendment – P&Z Only SPA Amendment,
P&Z Only Commercial Design Review,
Conceptual or Final Growth Management, Major
P&Z or City Council Subdivision “Other” Review
– City Council Only
Additional Hours – If necessary (per hour)
Hourly Engineering Review Fee (billed with
Planning Case)
Hourly Aspen / Pitkin County Housing Authority
(billed with Planning Case)
City Parks Department, Flat Fee
City Environmental Health Department, Flat Fee
Major Subdivision Review
Land Use Code Amendment
Rezoning or Initial Zoning (Annexations)
Additional Hours – If necessary (per hour)
$3,250.00 (10-hour deposit)
$4,450.00
$325.00
Planning Review: One-Step Hourly Fee
$1,300.00 (4-hour deposit)
$1,950.00 (6-hour deposit)
$325.00
$650.00
$650.00
Planning Review: One-Step Hourly Fee (continued)
Planning Review: Two-Step Hourly Fee
$7,800.00 (24-hour deposit)
$325.00
Referral Agency Fees: One-Step Review, If Applicable
$325.00
$325.00
$975.00
$975.00
Page 33 of 40
398
ORDINANCE NO. 19
Series of 2022
Hourly Engineering Review Fee
Hourly Aspen / Pitkin County Housing Authority
(billed with Planning Case)
City Parks Department, Flat Fee
City Environmental Health Department, Flat Fee
Planned Development or PD Substantial
Amendment
Additional Hours – If necessary (per hour)
Hourly Engineering Review Fee (billed with
Planning Case)
Hourly Aspen / Pitkin County Housing Authority
(billed with Planning Case)
City Parks Department, Flat Fee
City Environmental Health Department, Flat Fee
Hourly fee for any additional plan review for
which no other specific fee has been established
$1,300.00
$1,300.00
$325.00
$325.00
Referral Agency Fees: Two-Step Review, If Applicable
Planning Review: Public Project Review or Joint Applicant
Applications for the City's Public Project process shall be assessed land use review fees and/or a portion
of joint planning costs as determined appropriate by City Council. If no such determination is made, the
application shall be billed as a PD.
Planning Review: Other
$325.00
(Ord. No. 57-2000, §9; Ord. No. 47-2002, §8; Ord. No. 63-2003, §4; Ord. No. 38-2004, §7; Ord. No. 49-
2005, §9; Ord. No. 48, 2006, §13; Ord. 52-2007; Ord. No.4 - 2011, §2; Ord. No. 29-2012; Ord. No. 36-
2014; Ord. No. 43-2015; Ord. No. 36-2016; Ord. No. 30-2017; Ord. No. 40-2018; Ord. No. 32-2019; Ord.
No 20-2020; Ord. No 22-2021; Ord. No 19-2022)
$325.00
$325.00
$1,625.00
$1,625.00
Planning Review: PD Hourly Fee
$10,400.00 (32-hour deposit)
$325.00
Referral Agency Fees: PD Reviews, If Applicable
Page 34 of 40
399
ORDINANCE NO. 19
Series of 2022
Zoning Permit Fee of $500 or More
Hourly Zoning Review Fee
Expedited Zoning Review Fee – services subject to
authorization by Community Development
Director and subject to department workload,
staffing and effects on other projects
Change Order Fees: For changes not requiring a
new measurement of floor area, height, net
leasable, or net livable space
Change Order Fees: For changes requiring a new
measurement of floor area, height, net leasable, or
net livable space
Sec. 26.104.072. Zoning Review fees
Zoning review fees shall apply to all development requiring a building permit and all development not
requiring a building permit, but which requires review by the Community Development Department. The
fee covers the Zoning Officer's review of a permit, including any correspondence with the case planner,
Historic Preservation Officer, the Department’s Deputy Director or Director, or other City staff.
A permit or a change order to a permit that requires a floor area, height, net leasable, or net livable
measurement by the Zoning Officer shall be considered a Major permit. Official confirmation of existing
conditions of a property that requires measurement of floor area, height, net leasable area, or net livable
area of a structure, prior to demolition or for other purposes also shall be considered a Major permit. All
other permits are considered minor permits.
For the purposes of zoning fees, the square footage used to calculate the fee shall be the greater of the
gross square footage affected by the permit or the gross square footage that must be measured to review
the permit. All change orders to a permit require additional fees.
For projects with multiple uses, the zoning review fee for each individual use shall be calculated based on
the gross square footage of the use and added to determine the total project fee.
Zoning review fees for major permits for properties within a Planned Development shall be 125% of the
fee schedule.
This Section of the code sets forth certain fees related to zoning as follows, applicable to applications
submitted on or after January 1, 2023:
That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section sets forth
zoning review fees, is hereby amended to read as follows:
Special Services – Zoning Review
$325.00
Double applicable zoning review fee
Minor Zoning Fee
Zoning referral fees - for official zoning comments on a planning application - shall be according to the
fees policy for planning review.
Notwithstanding the zoning review fee schedule, the Community Development Director shall waive zoning
review fees for General Fund Departments of the City of Aspen consistent with City policy.
Notwithstanding the zoning review fee schedule, City Council may authorize a reduction or waiver of
zoning review fees as deemed appropriate.
Fees Due at Permit Submittal
50% of Zoning Permit Fee
Major Zoning Fee
Change orders for projects within a PD shall be assessed 125% of the fee schedule.
Page 35 of 40
400
ORDINANCE NO. 19
Series of 2022
Business License Approval – Zoning (other fees
may be required by City Finance)
Vacation Rental Permit – Zoning (other fees may
be required by City Finance)
Special Review or Inspection Hourly Fee – Zoning
(when no fee is otherwise established, 1 hour
minimum)
Certificate of Occupancy or Final Inspection Fee –
Zoning
Up to 500 square feet
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
Major Zoning Fee – requires measurement or
confirmation of existing conditions
Up to 500 square feet
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
- Projects up to $5,000 in total valuation
- Projects Over $5,000 in total valuation:
Up to 500 square feet
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
Demolition Zoning Review Fees
Minor Zoning Fee – does not require measurement or confirmation of existing conditions
$65.00
$163.00
Free
$325.00
Included in Zoning Review Fee
Applicant meetings with the Zoning Officer to discuss prospective planning applications or prospective
building permit applications are a free service and staff time is not charged to the applicant. However, this
service is limited to the time reasonably necessary for understanding a project's requirements, review
procedures, City regulations, etc. An applicant shall be billed for any pre-application or pre-permit staff
time significantly in excess of that which is reasonably necessary. Billing will be at the Zoning hourly
billing rate. The applicant will be notified prior to any billing for pre-application or pre-permit service.
Free
Exterior Repair Zoning Review Fees
Applies to residential, commercial, lodging, arts/cultural/civic, or institutional exterior repair work
requiring a building permit or review by the Historic Preservation Officer. Based on wall area or roof
area being repaired. (Excludes signs and awnings.)
$33.00
$65.00
$163.00
$325.00
$244.00
$325.00
Major fee according to specified land use
Residential Zoning Review Fees
Applies to single-family, duplex, accessory dwelling units, carriage houses, multi-family, and residential
units in a mixed-use building.
$325.00
$650.00
$975.00
$1,300.00
Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order
$33.00
Page 36 of 40
401
ORDINANCE NO. 19
Series of 2022
Up to 500 square feet (minimum $325.00)
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
- Projects up to $5,000 in total valuation
Up to 500 square feet
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
Up to 500 square feet (minimum $325.00)
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
- Projects up to $5,000 in total valuation
- Projects Over $5,000 in total valuation:
Up to 500 square feet
501 to 2,500 square feet
2,501 to 5,000 square feet
Over 5,000 square feet
Up to 5,000 square feet (minimum $325.00)
Over 5,000 square feet
- Projects up to $5,000 in total valuation
$1.30 / SF
$1.40 / SF
$1.55 / SF
$1.70 / SF
Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order
Lodging Zoning Review Fees
$33.00
$325.00
$650.00
$33.00
Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order
Arts/Cultural/Civic/Institutional Zoning Review Fees
Major lodging permits within a PD shall be 125% of the above fee schedule.
$975.00
$1,300.00
$0.51 / SF
$0.62 / SF
Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change
Order
$1,300.00
$975.00
$650.00
$325.00
Major commercial permits within a PD shall be 125% of the above fee schedule.
Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change
Order
$1.30 / SF
$1.40 / SF
$1.55 / SF
$1.70 / SF
Minor Zoning Fee - Existing Development, Minor Remodel, or Minor Change Order
Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change
Order
- Projects Over $5,000 in total valuation:
$33.00
Major residential permits within a PD shall be 125% of the above fee schedule.
Commercial Zoning Review Fees
Applies to commercial projects and commercial portions of a mixed-use project
Page 37 of 40
402
ORDINANCE NO. 19
Series of 2022
- Projects Over $5,000 in total valuation:
Up to 1,000 square feet
1,001 to 5,000 square feet
5,001 to 10,000 square feet
Over 10,000 square feet
Up to 5,000 square feet (minimum $325.00)
Over 5,000 square feet
Individual Sign Permit Fee (per sign)
Multiple Sign Permit Fee (per business, unlimited
signs)
Sandwich Board Sign License (must be renewed
annually)
Outdoor Merchandising on Public Property
0 to 4 SF
4 to 50 SF
More than 50 SF
Awnings require a Building Permit
Individual Banner Installation Fee
Double Banner Installation Fee
Light Pole Banner Installation Fee (per pole)
Single Family and Duplex Residential
All Other Uses
Single Family and Duplex Residential
All Other Uses
Enforcement Fees, Fines, and Penalties
No certificate of occupancy or temporary certificate of occupancy shall be issued until all fees have been
paid in full. Failure to pay applicable fees is subject to fines, penalties, or assessments as assigned by the
Municipal Court Judge.
$67.00
$165.00
Fence– Zoning Review Fee
$20.00
$65.00
$163.00
Combined Zoning and Building Review Fee
Wildlife Resistant Trash and Recycling Enclosures –
$65.00
$163.00
Sandwich board locations must be approved by Zoning Officer.
$65.00
$163.00
Free
Outdoor merchandise location must be approved by the Zoning Officer.
$163.00
$65.00
Free
Refer to Building Permit Fee Schedule
Major Zoning Fee – New Development, Major Remodel, Demolition with Confirmation, Major Change
Order
$325.00
$650.00
$975.00
$1,300.00
Signs/Awnings/Outdoor Merchandising – Zoning Review Fees
Major Arts/Cultural/Civic/Institutional permits within a PD shall be 125% of the above fee schedule.
$0.51 / SF
$0.62 / SF
Page 38 of 40
403
ORDINANCE NO. 19
Series of 2022
First Infraction (minimum of $325)
Second Infraction (minimum of $650)
Third Infraction (minimum of $975)
First Infraction (minimum of $500)
Second Infraction (minimum of $500)
Third Infraction (minimum of $500; subject to
additional penalties by citation as assigned by the
Municipal Judge)
Fees, fines, and penalties by citation for violations of the Land Use Code shall be established by the
Municipal Court Judge according to the scope and duration of the offense. Zoning Enforcement Fee may
include an assessment for administrative time required by the Zoning Officer to address the violation.
Municipal Court Enforcement - Zoning
Two Times Zoning Review Fee
Four Times Zoning Review Fee
Non-Permitted Work Fee
Work done without a zoning approval (when one is required), without a building permit (when one is
required), or work done counter to an issued zoning approval is subject to this enforcement fee. Non-
permitted work fee is per infraction and per project. Additional hourly fees may be applicable to account
for staff time. No other action on the project may occur until non-permitted work issue has been rectified
to the satisfaction of the Community Development Director. Any correction requiring a building permit or
zoning application shall also be subject to the Correction Order Fees described below.
Hourly fee for staff time in excess of one hour
Hourly fee for staff time in excess of one hour
Eight Times Zoning Review Fee
This fee shall apply to any work required to correct a zoning violation or to permit work that has been
accomplished without a permit or not covered by an issued permit. Infractions are per project. For any
correction requiring a planning review, the planning review fees shall be increased according to the below
schedule.
Hourly fee for staff time in excess of one hour
Correction Order Fee
Page 39 of 40
404
ORDINANCE NO. 19
Series of 2022
Torre, Mayor
ATTEST:
Nicole Henning, City Clerk
Torre, Mayor
ATTEST:
Nicole Henning, City Clerk
FINALLY adopted, passed and approved this 29th day of November 2022.
A public hearing on the ordinance shall be held on the 15th day of November, 2022, in the City Council
Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the
City of Aspen on the 29th day of November, 2022.
Page 40 of 40
405
Fee Ordinance Changes Summary
2022 2022 2023 2023
Early
Season
Regular
Season
Early
Season
Regular
Season
Greens Fees / Passes
Platinum $2,550.00 $2,600.00 $3,000.00 $3,100.00
Gold $1,560.00 $1,600.00 $1,625.00 $1,675.00
Silver $980.00 $1,000.00 $1,025.00 $1,050.00
Punch Pass $785.00 $800.00 $825.00 $825.00
Junior $228.00 $228.00 $235.00 $235.00
Twilight $650.00 $660.00 $685.00 $700.00
College Pass $459.00 $459.00 $475.00 $475.00
Senior Greens Fee – 9 Hole $41.25 $41.25 $43.00 $43.00
Senior Greens Fee – Primary Resident (Must
Show ID)$74.50 $74.50 $79.00 $79.00
Military Rate (Must Show Proper ID)N/A $86.50 N/A $91.00
Green Fee – Max Rate N/A $180.00 N/A $200.00
Green Fee – Junior N/A $50.00 N/A $52.00
Green Fee – Guest of Member N/A $86.50 N/A $91.00
Tournament/Group Booking Rate N/A N/A N/A $300.00
Cart and Club Rentals
Golf Cart – 18 Holes N/A $24.75 N/A $26.00
Golf Cart – Members: 18 Holes N/A $22.75 N/A $24.00
Golf Cart – 9 Holes N/A $19.50 N/A $21.00
Golf Cart – Members: 9 Holes N/A $18.00 N/A $19.00
Golf Cart Punch Pass N/A $400.00 DELETE DELETE
Unlimited Golf Cart Pass N/A N/A N/A $780.00
Pull Cart – 18 Holes N/A $18.00 N/A $20.00
Pull Cart – Members: 18 Holes N/A $15.50 N/A $18.00
Pull Cart – 9 Holes N/A $12.50 N/A $15.00
Pull Cart – Members: 9 Holes N/A $10.25 N/A $13.00
Rental Clubs – 18 Holes N/A $67.00 N/A $70.00
Rental Clubs – 9 Holes N/A $47.00 N/A $50.00
Lockers and Range
Locker for Season N/A $380.00 N/A $425.00
Range Large Bucket N/A $12.25 N/A $14.00
Range Large Bucket – Members N/A $11.25 N/A $12.00
Range Small Bucket N/A $10.25 N/A $12.00
Range Small Bucket – Members N/A $8.25 N/A $10.00
Range Punch Pass N/A $215.00 N/A $222.00
Unlimited Range Pass N/A $999.00 N/A $999.00
Sec. 2.12.010. Aspen Municipal Golf Course
406
Fee Ordinance Changes Summary
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
Daily Admission
Youth - Resident N/A $10.00 N/A $11.00
Youth - Guest (All Inclusive)*N/A $23.50 N/A $26.00
Adult - Resident N/A $12.00 N/A $13.00
Adult - Guest (All Inclusive)*N/A $25.50 N/A $28.00
Senior N/A $10.00 N/A $11.00
Twilight N/A $7.25 N/A DELETE
Guest 10 Visit Card (All Inclusive)*$200.00 $225.00 $230.00 $250.00
Monthly Pass
Youth / Senior - Resident $60.00 $70.00 $65.00 $75.00
Adult - Resident $108.00 $126.00 $118.00 $130.00
Family - Resident $210.00 $240.00 $225.00 $248.00
Each Additional $23.00 $26.00 $25.00 $27.00
20 Visit Card
Youth / Senior Resident $164.00 $197.00 $175.00 $205.00
Adult Resident $213.00 $239.00 $230.00 $247.00
3 Month Pass
Youth / Senior Resident $145.00 $165.00 $160.00 $170.00
Adult Resident $257.00 $293.00 $285.00 $302.00
Family Resident $404.00 $467.00 $445.00 $481.00
Each Additional $37.00 $44.00 $41.00 $45.00
6 Month Pass
Youth / Senior Resident $280.00 $325.00 $310.00 $335.00
Adult Resident $349.00 $399.00 $400.00 $410.00
Family Resident $763.00 $819.00 $850.00 $860.00
Each Additional $70.00 $82.00 $78.00 $84.00
Annual Pass
Youth / Senior Resident $492.00 $540.00 $520.00 $560.00
Adult Resident $599.00 $693.00 $645.00 $720.00
Family Resident $1,299.00 $1,365.00 $1,380.00 $1,410.00
Each Additional $135.00 $157.00 $145.00 $160.00
Sec. 2.12.014 Recreation Department Fun Pass
407
Fee Ordinance Changes Summary
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
ARC Meeting Room Rental
Flat Rate per Hour $28.50 $28.50 $30.00 $30.00
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
Rent Entire Facility
Aspen Ice Garden - per day N/A $5,250.00 N/A $5,600.00
Lewis Ice Arena - per day N/A $5,250.00 N/A $5,600.00
Rent Private - Ice
Aspen Ice Garden - per hour N/A $319.00 N/A $360.00
Lewis Ice Arena - per hour N/A $319.00 N/A $360.00
Rent Non-Profit
Aspen Ice Garden - per hour N/A $254.00 N/A $265.00
Lewis Ice Arena - per hour N/A $254.00 N/A $265.00
Other Fees
Skate Sharpening N/A $7.00 DELETE DELETE
Skate Sharpening N/A $12.00 N/A $13.00
Pick-up Hockey / Pick-up Freestyle N/A $16.00 N/A $17.00
Pick-up Hockey, 10 Punch Pass $128.50 $139.75 $135.00 $145.00
Freestyle 20 Punch Pass $257.00 $279.50 $270.00 $290.00
Figure Skates and V Cut Sharpening N/A $15.00 DELETE DELETE
Locker Rental
6-Month Aquatic Locker Rental N/A $75.00 N/A $80.00
Sec. 2.12.020. Aspen Ice Garden and Lewis Ice Arena
Sec. 2.12.015. Aspen Recreation Center
408
Fee Ordinance Changes Summary
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
Youth Swim Lessons
Youth Lessons - per session $41.00 $43.00 $43.00 $45.00
Private Lessons - per 1/2 hour $51.00 $54.00 $60.00 $60.00
Lifeguard Training $270.00 $299.00 $285.00 $315.00
Kayak Roll Session without Membership N/A $15.00 N/A $16.00
Kayak Roll with Membership N/A $6.00 N/A $7.00
Water Polo Drop In without Membership N/A $15.00 N/A $16.00
Water Polo Drop In with Membership N/A $6.00 N/A $7.00
Rentals
Entire Aquatic Facility – For Profit N/A $301.00 N/A $360.00
Entire Aquatic Facility – Non Profit N/A $254.00 N/A $270.00
Single Lane Rental in Lap Pool N/A $21.50 N/A $24.00
Single Lane Rental - Non Profit N/A $14.00 N/A $15.00
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
Adult Programs
Adult Basketball – Drop In N/A $6.00 N/A $10.00
Adult Volleyball – Drop In N/A $6.00 N/A $10.00
Men’s Recreation Basketball $795.00 $836.00 $825.00 $870.00
Adult Soccer - per team $510.00 $510.00 $550.00 $550.00
Adult Softball – Men’s League - per team $1,020.00 $1,020.00 $1,100.00 $1,100.00
Adult Softball – Coed League - per team $892.50 $917.00 $930.00 $930.00
Adult Flag Football - per team $459.00 $510.00 $550.00 $550.00
Ariel, Circus, Silks & Trapeze – Drop In N/A $21.00 N/A $25.00
Ariel, Circus, Silks & Trapeze – Monthly N/A $62.00 N/A $65.00
Tennis (These fees are a guidance to set yearly fee agreements with the tennis operator)
Tennis Clinics – Adult N/A $32.00 N/A $45.00
Tennis Clinics – 10 Punch Pass - Adult $268.00 $305.00 $280.00 $325.00
Tennis Lessons - Private - per hour $102.00 $102.00 $125.00 $125.00
Tennis Court Rental Fees (Per Court)$31.00 $31.00 $32.00 $32.00
Tennis Ball Machine Rental N/A N/A $21.00 $21.00
Tennis One Month Membership - Individual $70.00 $84.00 $75.00 $90.00
Tennis One Month Membership - Couple $96.00 $112.00 $100.00 $115.00
Tennis One Month Membership - Family $123.00 $142.00 $130.00 $150.00
Sec. 2.12.030. James E. Moore Pool
Sec. 2.12.040. Miscellaneous Leisure and Recreation Fees
409
Fee Ordinance Changes Summary
2022 2022 2023 2023
Online Fee In-Person
Fee Online Fee In-Person
Fee
Youth Programs
Youth Baseball $138.00 $144.00 $144.00 $150.00
T-Ball $73.50 $79.00 $77.00 $83.00
Girls Softball $135.00 $144.00 $144.00 $150.00
Day Camp - Daily Rate $45.00 $49.00 $47.00 $51.00
Martial Arts – Monthly N/A $49.00 N/A $51.00
Sailing $255.00 $260.00 DELETE DELETE
Youth Biking $56.00 $65.00 $65.00 $70.00
Specialty Camps - per week $286.00 $288.00 $325.00 $350.00
Youth Intramurals
Soccer - per 5 week season $101.00 $107.00 $106.00 $112.00
Soccer – Kindergarten - per 5 week season $57.00 $66.00 $60.00 $70.00
Basketball - per 12 week season $103.00 $118.00 $160.00 $170.00
Basketball – Kindergarten - per 5 week season $56.00 $64.00 $60.00 $70.00
Flag Football - per 5 week season $93.00 $108.00 $106.00 $112.00
Climbing Wall
Youth Beginner Rock Rats - per month $71.50 $76.00 $75.00 $80.00
Youth Boulder Rats - per month $85.75 $99.00 $90.00 $104.00
Youth Intermediate / Advanced Climbing - per mon $97.00 $99.00 $101.00 $105.00
Junior Rats - (Ages 5-7) - per month $57.00 $65.00 $60.00 $70.00
Junior AROCK - per day (Ages 5-7)$57.25 $65.00 $65.00 $70.00
Youth AROCK - per day (Ages 8-18)$106.00 $112.00 $120.00 $130.00
Gymnasium Rental - 1 Hour $70.25 $80.00 $80.00 $80.00
Other Fees
Red Brick Facility Rental - Birthday (2 hours) N/A $153.00 N/A $160.00
Playhouse $5.00 $5.00 $10.00 $10.00
Sled Rental $10.00 $10.00 DELETE DELETE
Pickleball Drop In Fee $10.00 $10.00 $11.00 $11.00
Pickleball Clinic $150.00 $150.00 $160.00 $160.00
Pickleball Summer/Winter Pass $150.00 $153.00 $175.00 $175.00
Personal Training Session – 1 hour $90.00 $90.00 $110.00 $110.00
ARC Birthday Room - Birthday (2 hours) $150.00 $150.00 $160.00 $160.00
ARC – Pavilion Rental $29.00 $29.00 $35.00 $35.00
Shower – Drop In $7.00 $7.00 $13.00 $13.00
Hockey League – Winter $327.00 $327.00 $342.00 $342.00
Hockey Mountain High Tournament – Reg.$1,000.00 $1,000.00 $1,040.00 $1,040.00
ARC – Turkey Triathlon $30.00 $30.00 DELETE DELETE
410
Fee Ordinance Changes Summary
Program Fees
Adult Class - up to 2 hrs*
Adult Class - 2 hrs to 4 hrs*
Adult Class - full day rate*
Youth – Art Camp (1 week)
Youth – Afterschool Art Class
Youth – Pre-K Studio
Youth – All Day Art Camp
Youth Art Class - up to 2 hrs*
Youth Art Class - 2 hrs to 4 hrs*
Youth Art Class - full day rate*
Private Adult Art Class - for an individual, up to 2
hours
Private Adult Art Class - for a group of 2 - 4
people, up to 2 hours
Private Adult Art Class - for a group over 5
people, up to 2 hours, per person
Private Youth Art Class - for a group up to 8
children, up to 2 hours
Private Youth Art Class - for a group of 9
children or more, up to 2 hours
Facility Fees
Tenant Rent (per sq. foot)
Parking Permit
Room Rental (per hour)
N/A $80.00
N/A $300.00
N/A $400.00
N/A $40.00
N/A $80.00
N/A $120.00
N/A $300.00
N/A $400.00
$62.00 DELETE
DELETE
$1.98
$113.00
$26.00 $27.00
$110.00
$2.04
Free
$302.00
$23.00 DELETE
$290.00
$55.00 $57.00
Sec. 2.12.043. Red Brick Center for the Arts Fees
2022 2023
$90.00 $94.00
$180.00 $187.00
411
Fee Ordinance Changes Summary
2022 2022 2023 2023
For-Profit Non-Profit For-Profit Non-Profit
All Rates Below Include Rehearsals & Performances
Public Event Day Rate | Mon-Thurs (up to 2 events per
day)$685 $390 $875 $490
Public Event Day Rate | Fri-Sun (up to 2 events per
day)$340 $190 $965 $540
Tech/Rehearsal Rate | Mon-Thurs $480 $270 $685 $390
Tech/Rehearsal Rate | Fri-Sun $2,600 $1,550 $965 $540
Weekly Rate | Mon-Fri (5 day max.) N/A $130 $3,500 $1,960
Private Corporate Event Day Rate N/A N/A $5,000 $975
The Vault Lobby Only (hourly, max. 4 hrs.) $800 $525 N/A $100
Facility – Private Events (Plus Labor)
Full Venue $1,700 $815 DELETE DELETE
Lobby Rental (Max 20; No A/V or Food, 4 Hr Max)*$200 $100 DELETE DELETE
Lobby Rental (Max 125; Hourly w/ 2 Hr Min)$100 $75 DELETE DELETE
Wedding Flat Fee (Full Venue, 450 Max)$5,000 N/A DELETE DELETE
Wedding Flat Fee (Lobby Only, 125 Max)$1,750 N/A DELETE DELETE
Photo Shoot in Venue (per Hour)$150 N/A DELETE DELETE
* business hours only, no additional labor fees
Box Office Royalty
Sales Commission | Onsite Events 5%5%6% 0%
Sales Commission | Offsite Events 6% 6%6% 3%
Per-Order Processing Fee $5 $5 DELETE DELETE
Box Office Ticket Sellers
Box Office Staff Onsite | 2hr minimum per staff $28.50 $25 $31 $31
Box Office Staff Offsite | 2hr minimum per staff $35 $35 $40 $40
Box Office Set-Up
Box Office Event Set-Up Fee | Single Event $30 $28 $200 $100
Box Office Event Set-Up Fee | 5-9 events $40 $38 $800 $400
2 or less days notice $60 $55 DELETE DELETE
Sec. 2.12.045. Wheeler Opera House
412
Fee Ordinance Changes Summary
2022 2022 2023 2023
For-Profit Non-Profit For-Profit Non-Profit
Support Services
Ticket Printing / Ticket $0 $0 DELETE DELETE
Client Database Entry $95 $95 DELETE DELETE
Non-Standard Box Office Reports / Report $20 $20 DELETE DELETE
Client Ticket Charge | Comps, Pass Bar Codes, &
Consignment Tickets (per ticket over 25)$0.50 $0.25 $0.50 $0.50
Pass Database Entry (per 100 entries)$125 $95 DELETE DELETE
Theatre Technicians | 4hr minimum per staff
(hourly)$29.50 $27.50 $30 $30
Production Manager | 4hr minimum per staff
(hourly)$35.50 $33.50 $40 $40
Custodial Services Technician (hourly)$95.00 $68.00 $37 $37
Foodservice Cleaning Fee (hourly)$160.00 $95.00 $75 $75
Audio/Lighting Supervisor | 4hr minimum per
staff (hourly)$35.50 $33.50 $40 $40
House Management Staff | 4hr minimum per staff
(hourly)$28.50 $26.50 $30 $30
Lobby Setup Fee (stage, chairs, tables, etc)$200 $100 DELETE DELETE
Theatre Live Events Seat Removal (pit area)$250 $100 DELETE DELETE
Coffee/Tee Service (per 100 people)$30 $20 DELETE DELETE
Catering Coordination | requires prior
arrangement $34.50 $32.50 $40 $40
Piano Tuning $175 $175 DELETE DELETE
Supplies At Cost At Cost DELETE DELETE
Equipment / Instrument Rental
9' Concert Grand Steinway Day Rate | approval
required $360.00 $255.00 $225 $255
Piano Tuning, per tuning rate $225.00 $200.00 $250 $250
Keyboard Rental / Performance $150 $100 DELETE DELETE
Drum Kit Rental Day Rate $250.00 $200.00 $200 $200
Fender Rental / Performance $75 $50 DELETE DELETE
Pro Bass Rental / Performance $75 $50 DELETE DELETE
Fogger or Hazer / Performance $40 $25 DELETE DELETE
Video Media Rental Day Rate | Projector, Screen,
DCP $250.00 $100.00 $200 $200
(Christie, DCP, Sony HD Deck)DELETE DELETE
Video Media Rental Weekly Rate | 5 consecutive
days $900.00 $400.00 $500 $500
(Panasonic HD Video Projector)DELETE DELETE
Intelligent Light Package / day $250 $100 DELETE DELETE
Dance Floor / event $200 $150 DELETE DELETE
Presentation Laptop / day $100 $65 DELETE DELETE
413
Fee Ordinance Changes Summary
By commercial operations not associated with
construction, including contractors and vendors
(per sqft/mo)
Electric Vehicle Charging - Level 2 Charger / Up
to $0.25 per kWh
Price per Square Foot
Temporary Occupation of Right-of-Way Under Encroachments
Residential Permit Parking
Mall Space Leasing
Sec. 2.12.080. Parks Department fees
Sec. 2.12.060. Parking fees
Sec. 2.12.051. Engineering Department fees
2022 2023
$4.43 $5.00
2022 2023
2022 2023
$2.50 $5.00
N/A $0.25
414
Page | 1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Planner
THRU: Phillip Supino, Community Development Director
MEETING DATE: November 15, 2022
RE: Temporary Use Requests
The St. Regis (315 E. Dean St.) | Catch Steak (515 E. Hopkins Ave.)
Resolution #128, Series of 2022 | Resolution #129, Series of 2022
APPLICANTS:
1. Aspen Owner, LLC c/o St. Regis
Aspen Resort
2. Galena Hospitality Group, LLC, c/o
Catch Steak
LOCATIONS:
1. The St. Regis Resort (315 E. Dean St.)
2. Catch Steak (515 E. Hopkins Ave.)
CURRENT ZONING:
1. St. Regis- Lodge (L) with a Planned
development Overlay (PD)
2. Catch Steak - Commercial Core (CC)
REQUEST OF COUNCIL:
The applicants are seeking temporary
use approval to erect temporary
enclosures for the winter season.
STAFF RECOMMENDATION:
Staff generally does not support the
proposed requests as the applications
do not meet criteria related to Growth
Management, Commercial Design
Review or Temporary Use standards.
Staff recommends that Council review
each application on a case-by-case
basis and consider the general
discussion of this memo.
Figure 1: The St. Regis (315 E. Dean St.)
Figure 2: Catch Steak (515 E. Hopkins Ave.)
415
Page | 2
REQUEST OF COUNCIL:
The applicants are requesting the following land use approvals:
Temporary Use Review (26.450.030)
The applicants are requesting temporary Use approval to erect temporary structures in
accordance with Chapter 26.450 of the Land Use Code for the following properties and time
periods:
1. The St. Regis (315 E. Dean St.): Between 48 -140 days (varies by structure)
2. Catch Steak (515 E. Hopkins Ave.): 142 days
The Community Development Director may approve temporary structures that are erected for less
than eight days within a 12-month period. Alternatively, Council may approve temporary uses for
up to 180 days within a 12-month period, for no more than ten years. City Council is the final
review authority.
SUMMARY AND BACKGROUND:
Prior to the onset of COVID-19, the Community Development Department received approximately
one to two requests per year to erect temporary structures. Many of these requests were
processed administratively as the proposed structures were approved for less than eight days or
had little to no visual impacts to surrounding areas. Previous administrative reviews included
approval for an internal air lock at the entrances of the Wild Fig Restaurant (315 E. Hyman Ave.),
and at Steak House No. 316. (316 E. Hopkins Ave.).
Council may recall that the Grey Lady restaurant (305 S. Mill St.) requested to erect a temporary
enclosure on an annual basis to expand operations during winter months. Council approved the
request on multiple occasions because the property was slated for redevelopment. A condition of
approval required the restaurant to provide space for Saturday farmers markets throughout the
winter.
Council also approved a two temporary use requests (one in 2017 and one in 2018) to erect
temporary yurts and to erect a temporary tent within the confines of the St. Regis hotel (315 E.
Dean Street). Staff was supportive of these requests because the structures were proposed within
courtyards that were surrounded on three sides by prominent, four -story buildings and not visible
form the right-of-way or from downtown. Additionally, the structures were consistent with the lodge
use of the property as they could be used for special events (weddings , conferences, etc.). Apart
from these requests, there does not appear to be any other Council approvals to erect temporary
structures in the greater downtown area within the past ten years.
In October of 2020, City Council approved Resolution #86, Series of 2020 which waived
Commercial Design and Growth Management Reviews for temporary structures located within
commercial and lodge zone districts. The purpose was to “proactively and swiftly work to minimize
further economic disruption and active ly encourage its recovery,” and also respond to public
health orders related to social distancing at a time when COVID-19 infection rates were elevated.
Participating businesses signed an agreement with the City certifying that Building Code and life -
safety requirements would be met and agreeing to remove all temporary structures at the end of
the exemption period. Given the unpredictable nature of the pandemic, Council extended the
exemption period on a couple of occasions. As COVID-19 infection rates began to decline, and
public health orders were lifted, staff worked with businesses to ensure all temporary structures
and related improvements would be removed no later than May 1st, 2022.
Today, all provisions of the land use code are in effect. Just as be fore the onset of COVID-19,
each request to erect a temporary structure is subject to Commercial Design, Growth
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1. Each application has been publicly noticed. Each request is distinct and has been reviewed
on a case-by-case basis.
Management and Temporary Structure Reviews. Despite the full force and effect of the Land Use
Code, a total of seven businesses have applied to erect temporary outdoor structures for the
upcoming season. Since last winter, Staff has issued over one dozen pre -applications to
businesses interested in applying to erect temporary structures. Given the unprecedented number
of requests, staff has batched two of the temporary-use applications in the public hearing
scheduled for November 15 and the remaining applications will be reviewed at the hearing
scheduled for November 29.1 It should be noted that each application is distinct with differences
between them and should be considered on a case -by-case basis. Applications range from
requests to install self-contained tents, yurts, and gondola cars.
Request 1: Catch Steak (515 E. Hopkins Ave.)
Catch Steak is an upstairs restaurant located
within the Commercial Core (CC) zone district and
within the Historic District.
Exterior seating associated with the restaurant is
located on a street-facing upper-level courtyard,
adjacent to the interior restaurant space. Several
temporary umbrellas and heating structures
currently occupy the space, but it otherwise
remains uncovered.
As depicted in Figure 5, the Applicant
requests to enclose a large portion of this
area with a 1,746 sq. ft. structure. The
enclosure is intended to provide additional
dining area from December 10, 2022, to April
30, 2023 for a total of 142 days. The applicant
has represented the structure to be enclose d
with a grey canvas material.
Figure 4: Catch Steak Outdoor Seating Area
(On Second Floor)
Figure 5: Catch Steak Proposed Enclosure
Figure 3: Catch Steak as Viewed from
Galena St.
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Request 2: The St. Regis (315 E. Dean St.)
The St. Regis resort contains 179 hotel rooms, 25 timeshare units and a variety of accessory uses
including conference/meeting space, ballrooms, a spa, multiple dining areas and several retail
spaces. The St. Regis has historically hosted events that require use of a temporary tent. Such
events have included conferences/seminars, weddings, Aspen Food and Wine and corporate
dinners. Prior to 2017, requests to erect tents and other temporary structures were processed
administratively by staff on an as-needed basis.
In 2017, City Council approved Resolution #158, Series of 2017 which clarified when tents and
temporary improvements would be erected. Specifically, the Resolution approved installation of a
tent for up to 40 days per year within the Fountain Courtyard for a total of ten years.
Council later approved Resolution #102, Series of 2018, allowing for the installation of ten dining
yurts adjacent to the Chef’s Club for a total of 135 days during the 2018 -2019 winter season.
When the City waived land use
reviews for temporary structures
during the onset of COVID in 2020, the
St. Regis was able to install multiple
yurts, tents, and domes throughout the
property during the winter months of
2020-2021 and 2021-2022.
The applicant is interested in
continuing to erect many of the
structures that were allowed during
the COVID exemption period. The
applicant requests approval to erect
the improvements listed in Table I, for
a total of five years (through Winter
2026-2027).
Location Improvement Length of Time Size Purpose
Fountain
Courtyard
One Tent* 48 days (in 2022 only) * &
40 days / year thereafter
3,960 sq. ft. Events (weddings,
reception, etc.)
Four yurts Nov. 21-April 9 (140 days) &
140 days / year thereafter
16 ft. (diameter)
8 seats/yurt
Additional
restaurant seating
Chefs Club
Courtyard
One tent December 1- April 1 (121 days)
& 121 days / year thereafter
1,000 sq. ft. Additional
restaurant seating
Mountain
Plaza
Courtyard
One dome November 21- April 9 (140 days)
& 140 days / year thereafter
900 sq. ft. Retail space
*As previously mentioned, City Council approved Resolution #158, Series of 2017, granting
temporary use to erect this tent for 40 days per year, for a total of 10 years. The tent has already
been up for 43 days in 2022. The resort plans to host a special event on New Year’s Eve and
requests to erect the tent on December 27 and remove it on January 1, 2023. An additional five
days is needed in 2022 to accommodate this request.
Pool Deck
Chefs Club
Courtyard
Fountain Courtyard
Mountain Plaza
Figure 6: St. Regis Site Layout
Table I: St. Regis Temporary Use Request
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DISCUSSION & STAFF FINDINGS
Staff analyzed each application against the review criteria for Growth Management Review,
Commercial Design Review and Temporary Uses (See Exhibits A.1 & B.1). Upon reviewing these
requests, fundamental concerns surfaced regarding the nexus between temporary uses, impacts
on City infrastructure, employee generation, Commercial, Lodging and Historic District Design
Standards and energy use.
Impact Fees and Affordable Housing Mitigation
Although the proposed structures are temporary, each is intended to augment restaurant
operations and increase capacity during some of the busiest months, which in many ways is
tantamount to developing additional Commercial Net Leasable Space. However, unlike
Commercial Net Leasable, erecting a temporary structure does not require a transportation impact
analyses, nor does it trigger parks or school lands fees. More vehicle trips, noise impacts and
overall demand on City infrastructure will occur without the mitigation typically associated with
expanding commercial space. These fees intentionally do not apply to temporary use requests
because the purpose of such requests has traditionally been to accommodate special events,
public gatherings, or other unique circumstances that do not lead to year-round impacts.
It is worth noting that temporary uses do require affordable housing mitigation, however this fee
is significantly less than what would be required for developing Commercial Net Leasable space.
For example, erecting a one thousand square foot enclosure for 180 days requires $15,857.11
worth of mitigation for a given year. If this space were an expansion of Net Leasable, a total of
$1,003,668.32 would be owed. Again, the lower mitigation rate associated with erecting a
temporary enclosure is purposeful because temporary enclosures were never intended to
augment business operations on a long-term basis. When a restaurant increases capacity during
the winter by enclosing an outdoor space and then subsequently uses that space for most of the
summer, additional staff, customers and impacts on traffic and public infrastructure should be
expected year-round.
Commercial Design Review
The Aspen Area Community Plan (AACP) contains multiple policy statements that describe the
appropriate types of commercial development patterns, including:
Vision: We want to 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. This will help create certainty in land development, prioritize maintaining our
mountain views, and protect our small-town community character and historical heritage.
Policy: Development should “…reflect our architectural heritage in terms of site
coverage, mass, scale, density and diversity of heights…” (Growth Management Policy
V.3)
Several years ago, there was a concern that the bulk, mass, height, and intensity of new
commercial development in town was inconsistent with these policy statements. In response,
Council enacted a moratorium for new development within commercial and lodge zone districts
via Ordinance No. 7, Series of 2016. The purpose was to reassess existing land use code
provisions and commercial design standards to ensure that new development was delivering on
community values. Council and staff met multiple times over the following months to revise these
documents. Below are some of the sentiments expressed by Council members during those
meetings:
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1. “How do we create nooks and crannies that create breathing room for buildings…I’m not
sure if it’s a reduction of Floor Area, or a reduction of height…but I think this is key to what
this moratorium is about.” – Adam Frisch
2. “Whatever we do, we need to keep the oddball spaces we have and don’t lose them to
construction.” – Ann Mullins
3. “Enhancing an area that an amenity is located in that is not to the benefit primarily to the
users of that building- this is how I would define a public amenity.” – Steve Skadron
The revised Code reduced the maximum height of buildings within the Commercial Core from 32 -
feet, to 28 feet, and shored up regulations to ensure that pedestrian amenity spaces and other
“nook and cranny” areas would be incorporated into new buildings.
The Commercial, Lodging and Historic District Standards and Guidelines that came from the
2016/17 moratorium are intended to ensure appropriate building mass and to foster well-designed
and meaningful open space that conveys human scale, provides relief from the built environment,
and preserves historic neighborhood context. The design standards below play an important role
in achieving these goals.
Pedestrian Amenity
Pursuant to Land Use Code Section 26.412, commercial properties located within the Commercial
Core (CC), or Commercial (C-1) zone districts are required to maintain a minimum of twenty-five
percent pedestrian amenity space. Several of the proposed structures would enclose large
portions of pedestrian amenity spaces for more than one third of the year.
Building Materials
Aspen’s 19th century historic context should be reinforced using appropriate building materials.
High quality materials that relate to the context of the neighborhood and building type are
important. Depending on the character area, appropriate materials might include brick, stone,
metal, and wood. Pursuant to Guideline 1.23, building materials should be non-reflective; shiny
or glossy materials are not appropriate. Materials should also have proven durability and
weathering characteristics within Aspen’s climate. The range of materials associated with the
proposed temporary structures include plastic, canvas/cloth, and plexiglass. These types of
materials do not have the durability or weathering characteristics typically se en in Aspen, nor do
these types of materials relate to the 19th century context of town.
Greenhouse Gas Emissions
One of Councils goals is to take meaningful action and provide leadership in reducing the Aspen
community’s contribution to greenhouse gas emissions. Reducing energy consumption and
carbon emissions in all inventories plays a big role in this endeavor. Minimizing impacts from the
built environment is particularly important as most of Aspen’s carbon emissions come from the
building sector alone. The energy required to heat temporary enclosures is in direct conflict with
this goal. Temporary structures do not have a thermal envelope, which means heating these
spaces consumes exponentially more energy and emits more carbon compared to a permanent
structure. Staff recommends that Council consider the energy use and greenhouse gas impacts
associated with these spaces during the winter months.
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RECOMMENDATION:
Staff appreciates that businesses benefited from erecting temporary structures over the past two
winters. The goal to “proactively and swiftly work to minimize further economic distribution and
actively encourage its recovery” during the peak of COVID -19 was successful. However, there
are currently no social-distancing requirements in place. Restaurants may operate at full capacity
indoors. The full-force and effect of the Land Use Code now applies, just as it did before the
pandemic began. Council should carefully consider the concerns discussed in this memo. Below
is a summary of staff’s recommendation.
❖ Staffs General Recommendation:
• Staff strongly recommends against approving any enclosed temporary structures that are
intended to augment business operations outside of the permanent structures associated with
the business. This will set the community back on goals related to affordable housing
mitigation and impacts on public infrastructure as these applications are fundamentally at odds
with general purpose of temporary structures. Additionally, the use of these uninsulated
structures for extended periods of time during the winter months are contrary to the efforts of
the City on many fronts to reduce the climate impacts of our built environment
• The Commercial Design Standards and Guidelines were updated in 2017 out of concern for
loss of pedestrian amenity and open space in the downtown area. Staff recommends denial
of structures that increase the perceived bulk and mass of buildings and reduce existing
pedestrian amenity space.
• Commercial Design Standards and Guidelines require building materials to convey the quality
and range of materials found historically in Aspen. Materials should have the proven durability
and weathering characteristics within Aspen’s climate. The structures proposed in these
applications are made of canvas/fabric-basic materials. These are not high-quality materials
as they lack the durability and weathering characteristic suitable for a mountain climate. These
materials are not typically found in Aspen’s Commercial or Lodging zone districts.
• The temporary use standards are intended to prioritize structures that were erected in previous
years. Because these standards did not apply over the last two winters, no precedent was
established to prioritize the structures for future years. Staff recommends that Council consider
the precedent that will be established by approving temporary structures from this point
forward.
• If Council supports these applications for extended temporary use, the building permits
associated with these structures would be expedited by Community Development Staff. It is
an expectation of the businesses applying for these structures that they would be available for
use for the holiday season. Without expediting these permits, it would likely not be possible to
approve permits on a timeline necessary for this outcome to be realized.
❖ Catch Steak (515 E. Hopkins Ave.):
Staff recommends denial of the temporary use request. If Council decides to approve the
temporary use request, the resolution has been worded in the affirmative for a 142-day
approval.
❖ The St. Regis (315 E. Dean St.):
Staff recommends denial of the request, apart from the tent in the Fountain Courtyard. This tent
is intended to accommodate a single event over New Year’s Eve which is consistent with
Council’s previous approval from 2017 which allows the tent to be erected for 40 days per year
to accommodate similar events.
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PROPOSED MOTION:
Three resolutions are included with the packet. The first two resolutions approve each
request as represented in each application. The third resolution approves the request to
install the tent within the Fountain Courtyard of the St. Regis and denies approval of the
remaining structures.
If Council wishes to deny one or both applications, the following motions can be made:
1. The St. Regis (315 E. Dean St.): “I move to deny Resolution #128, Series of 2022
to allow for the erection of multiple temporary use structures at 315 E. Dean St.
2. Catch Steak (515 E. Hopkins Ave.): “I move to deny Resolution #129, Series of
2022 to allow for the erection of a temporary tent over the public amenity space at
515 E. Hopkins Ave.
If Council wishes to approve one or both applications, the following motions can be made:
3. The St. Regis (315 E. Dean St.): “I move to approve Resolution #128, Series of
2022 to allow for the erection of multiple temporary use structures at 315 E. Dean
St. as represented in Table I of this memo, subject to the conditions listed in the
resolution.
4. Catch Steak (515 E. Hopkins Ave.): “I move to approve Resolution #129, Series
of 2022 to allow the erection of a temporary tent over the public amenity space at
515 E. Hopkins Ave. from December 10, 2022, to May 30, 2022 for a total of 142
days, subject to the conditions listed in the resolution.
If Council wishes to approve only the tent located within the Fountain Courtyard of the St.
Regis Resort, the following motion can be made:
1. The St. Regis (315 E. Dean St.): “I move to approve Resolution #128, Series of
2022 to allow for the erection of the tent located within the Fountain Courtyard of
the St. Regis from December 27 to December 31, 2022, subject to the conditions
listed in the resolution.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
CITY MANAGER COMMENTS:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
ATTACHMENTS:
Exhibit A.1 | St. Regis Resort Staff Findings
Exhibit A.2 | St. Regis Application
Exhibit B.1 | Catch Steak Staff Findings
Exhibit B.2 | Catch Steak Application
422
Council Resolution #128, Series of 2022
Page 1 of 4
RESOLUTION # 128
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING MULTIPLE
TEMPORARY USE STRUCTURES AT 315 EAST DEAN STREET, LEGALLY
DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT ASPEN RESIDENCE CLUB
AND HOTEL CONDOMINIUM MAP ACCORDING TO THE PLAT RECORDED
JANUARY 21, 2005 IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO. 506237 AND
AS DEFINED AND DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB
OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMOMINIUM
RECORDED JANUARY 21, 2005, AS RECEPTION NO. 506236, COUNTY OF PITKIN,
STATE OF COLORADO.
Parcel ID: 2737-182-85-033
WHEREAS, the Community Development Department received an application from
Aspen Owner, LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO (the Applicant),
requesting Temporary Use approval to erect two (2) tents, four (4) yurts, and one (1) dome for
periods ranging from forty eight (48) days to one hundred and forty (140) days (depending on
structure); and,
WHEREAS, pursuant to Chapter 26.450.050, Temporary Uses of the Land Use Code, City
Council may grant a temporary use approval for up to one hundred and eighty (180) days; and,
WHEREAS, the Aspen City Council reviewed the application and considered the
Temporary Use proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed, and considered the recommendation of the Community Development
Director, has taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth Management Review meets the applicable land use
standards and voted X – X (X - X) on November 15, 2022 to approve the request; and,
WHEREAS, the Aspen City Council approves the subject structures (identified in Table I),
allowing for temporary use for up to five (5) years (from 2022-2023 to 2026-2027); and,
WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary
for the promotion of public health, safety and welfare.
423
Council Resolution #128, Series of 2022
Page 2 of 4
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Temporary Uses
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Temporary use request for a total of five (5)
years (from 2022-2023 through 2026-2027) to erect the improvements listed in Table I, subject to
the conditions listed below.
Location Improvement Length of Time (Every 12-Months) Dimensions
Fountain
Courtyard
One Tent 48 days (in 2022 only) &
40 days / year thereafter 3,960 sq. ft.
Four yurts Nov. 21-April 9 in 2022 &
140 days / year thereafter
16 sq. ft. diameter / yurt
8 seats / yurt
Chefs Club
Courtyard One tent December 1- April 1 in 2022 &
121 days / year thereafter 1,000 sq. ft.
Mountain Plaza
Courtyard One dome November 21- April 9 in 2022 &
140 days / year thereafter 900 sq. ft.
Conditions of Approval
1. A complete tent permit application shall be submitted at least ten days prior to the day in
which each improvement is to be erected. Permit approval shall require verification from the
Aspen Fire Department that each structure meets necessary life-safety requirements.
Section 2: Growth Management
Pursuant to Land Use Code Section 26.470.090.h, Temporary Uses and Structures, affordable
housing mitigation shall be required for structures that are erected for more than fourteen (14)
days within a twelve (12) month period. The first fourteen (14) days for which a structure is
erected shall not require mitigation (applies to one structure per property).
A tent was erected in the Fountain Courtyard for a total of forty-three (43) days during Winter
2021-2022. This tent may be erected for an additional five (5) days in 2022 (from December 27-
December 31). The fourteen (14) day credit shall not apply to these five (5) days but rather shall
apply starting in 2023.
The mitigation owed for the remaining 5 -days in 2022 is: $1,317.68
All subsequent years for which the subject structures are approved (2023-2027), a credit of
fourteen (14) days shall apply to the tent located within the Fountain Courtyard . Remaining
structures shall pay full mitigation and no credit shall apply as shown in Table II. In the event that
the Fountain Courtyard tent is not erected over a twelve (12) month period, the fourteen (14) day
credit shall apply towards the first structure in for a permit in that given
timeframe.
Table I: Temporary Structures
424
Council Resolution #128, Series of 2022
Page 3 of 4
Location Improvement Length of Time
(Every 12-months)
Dimensions Mitigation
Owed/Year*
Fountain
Courtyard
One Tent 40 days – 14 days = 26 days
(14-day credit applies
starting Winter 2023)
3,960 sq. ft. $9,437.23
Four yurts
140 days
1,024 sq. ft. total
for all four yurts
(16 ft. x 16 ft.
diameter)
$13,140.26
total for all
four yurts
Chefs Club
Courtyard One tent 121 days 1,000 sq. ft. $11,090.76
Mountain Plaza
Courtyard One dome 140 days 900 sq. ft. $11,549.06
*Total mitigation is subject to change, pending staff verification of structural dimensions at the time of
building permit.
Section 3: Material Representations
All material representations and commitments made by the Applicant pursuant to the temporary
use proposal as herein awarded, whether in public hearing or documentation presented before the
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4: 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 5: 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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Table II: Mitigation Required from 2022 to 2027
425
Council Resolution #128, Series of 2022
Page 4 of 4
APPROVED BY the City Council of the City of Aspen on this 15th day of November 2022.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Torre, Mayor
Attest:
___________________________
Nicole Henning, City Clerk
426
Council Resolution #129, Series of 2022
Page 1 of 2
RESOLUTION #129
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE OF A TENT STRUCTURE AT 515 E. HOPKINS AVENUE,
LEGALLY DESCRIBED AS LOTS A, B, AND C, BLOCK 94, CITY AND TOWNSITE OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID: 2737-073-40-001
WHEREAS, the Community Development Department received an application from
204 South Galena Street LLC, 1510 West Loop South c/o Licensing Department, Houston, TX
77027 (the Applicant), requesting Temporary Use approval to erect a temporary tent structure on
the second level of the subject property from December 10, 2022 through April 30, 2022; and
WHEREAS, pursuant to Chapter 26.450.050, Temporary Uses of the Land Use Code, City
Council may grant a temporary use approval for up to one hundred and eighty (180) days; and
WHEREAS, the Aspen City Council reviewed the application and considered the
Temporary Use proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed, and considered the recommendation of the Community Development
Director, has taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth Management Review meets the applicable land use
standards and voted X – X (X - X) on November 15, 2022 to approve the request; and,
WHEREAS, the Aspen City Council approves the tent structure, allowing for a temporary
use of one hundred and forty-two (142) days; and,
WHEREAS, the Aspen 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, COLORADO, THAT:
Section 1: Temporary Uses
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the City Council hereby approves a Temporary Use request to allow the erection of a plastic
and canvas tent measuring no larger than one thousand three hundred and seventy (1,370) sq. ft.,
from December 10, 2022, to April 30, 2023, for a period of one hundred and forty-two (142) days,
subject to the following conditions of approval:
1. The tent shall be removed in its entirety no later than May 1, 2022.
2. A complete tent permit application shall be submitted at least ten days prior to the day in
which the tent is to be erected. Permit approval shall require verification from the Aspen Fire
Department that the structure meets all necessary life-safety requirements.
427
Council Resolution #129, Series of 2022
Page 2 of 2
Section 2: Growth Management
Pursuant to Land Use Code Section 26.470.090.h, Temporary Uses and Structures, affordable
housing mitigation shall be required for structures that are erected for more than fourteen (14)
days within a twelve (12) month period. The first fourteen (14) days for which a structure is
erected shall not require mitigation. Based on representations from the land use application, the
estimated amount of affordable housing due at the time of building permit submission is
$16,073.36 for one hundred and twenty eight (128) days (14 days less than 142). Total mitigation
is subject to change, pending staff verification of structural dimensions at the time of building
permit.
Section 3: Material Representations
All material representations and commitments made by the Applicant pursuant to the temporary
use proposal as herein awarded, whether in public hearing or documentation presented before the
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4: 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 5: 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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
APPROVED BY the City Council of the City of Aspen on this 15th day of November 2022.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Torre, Mayor
Attest:
___________________________
Nicole Henning, City Clerk
428
Staffs Recommended Resolution
Council Resolution #128, Series of 2022
Page 1 of 3
RESOLUTION # 128
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
TEMPORARY USE TENT WITHIN THE FOUNTAIN COURTYARD AT 315 EAST
DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT
ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP ACCORDING TO
THE PLAT RECORDED JANUARY 21, 2005 IN PLAT BOOK 71 AT PAGE 86 AS
RECEPTION NO. 506237 AND AS DEFINED AND DESCRIBED IN THE
DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR ASPEN RESIDENCE
CLUB AND HOTEL CONDOMOMINIUM RECORDED JANUARY 21, 2005, AS
RECEPTION NO. 506236, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID: 2737-182-85-033
WHEREAS, the Community Development Department received an application from
Aspen Owner, LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO (the Applicant),
requesting Temporary Use approval to erect two (2) tents, four (4) yurts, and one (1) dome for
periods ranging from forty eight (48) days to one hundred and forty (140) days (depending on
structure); and,
WHEREAS, pursuant to Chapter 26.450.050, Temporary Uses of the Land Use Code, City
Council may grant a temporary use approval for up to one hundred and eighty (180) days; and,
WHEREAS, the Aspen City Council reviewed the application and considered the
Temporary Use proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed, and considered the recommendation of the Community Development
Director, has taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth Management Review to erect the yurts, a dome and a
tent within the Chef’s Courtyard does not meet the applicable provisions of the land use code;
and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth Management Review to erect the tent within the
Fountain Courtyard for five (5) additional days in 2022 (for a total of 48 days) meets the applicable
provisions of the Land Use Code; and,
WHEREAS, on November 15, 2022, Aspen City Council voted X – X (X - X) to approve
the tent within the Fountain Courtyard for five (5) days in 2022 and to deny all other structures;
and,
WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary
for the promotion of public health, safety and welfare.
429
Staffs Recommended Resolution
Council Resolution #128, Series of 2022
Page 2 of 3
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Temporary Uses
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Temporary use request to erect a tent
within the Fountain Courtyard for a total of five (5) days in 2022 (From December 27-
December 31), subject to the conditions listed below.
1. Pursuant to the provisions set forth in City Council Resolution #158, Series of 2017, an
application may be reviewed administratively to erect the subject tent for forty (40) days per
year for an additional five (5) recurrences until (2023 – 2027).
Section 2: Growth Management
Pursuant to Land Use Code Section 26.470.090.h, Temporary Uses and Structures, affordable
housing mitigation shall be required for structures that are erected for more than fourteen (14)
days within a twelve (12) month period. The first fourteen (14) days for which a structure is
erected shall not require mitigation (applies to one structure per property).
Prior to the date of this Resolution, a tent was erected in the Fountain Courtyard for a total of 43
days during Winter 2021-2022. This tent may be erected for an additional five 5 days in 2022
(from December 27-December 31). The fourteen (14) day credit shall not apply to these 5 -days.
The mitigation owed for the remaining 5 -days in 2022 is: $1,317.68
All subsequent winters for which the tent may be approved administratively (2023-2027), a credit
of fourteen (14) days shall apply . The mitigation owed shall be assessed for twenty -six (26) days
(14 days less than 40) for a total of $9,437.23 per year.
Section 3: Material Representations
All material representations and commitments made by the Applicant pursuant to the temporary
use proposal as herein awarded, whether in public hearing or documentation presented before the
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4: 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 5: 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
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
430
Staffs Recommended Resolution
Council Resolution #128, Series of 2022
Page 3 of 3
APPROVED BY the City Council of the City of Aspen on this 15th day of November 2022.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Torre, Mayor
Attest:
___________________________
Nicole Henning, City Clerk
431
Exhibit A.1 | St. Regis Review Criteria
Page | 3
TEMPORARY USES
Land Use Code Section 26.450.030
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they or any of them, relate thereto:
A. Location, size, design, operating characteristics and visual impacts of the
proposed use.
Staff Response: The applicant proposes to erect various structures in four locations
of the property. It appears that each location is fully screened as viewed from
surrounding streets and the visual impacts of the structures would be minimal.
However, staff is concerned about the operating characteristics of some of the
structures- specifically, the four yurts, the dome and the tent that is proposed within the
Chefs Club Courtyard. Each of these structures is intended to augment basic resort
operations. The dome is intended to provide additional retail space for the property.
Increasing day-to-day operations of the resort through the use of temporary structures
is fundamentally more impactful than erecting a structure to accommodate specific
events. Using temporary structures in this way is tantamount to increasing Net Leasable
Area. Additional staff, demand on city infrastructure, and traffic should be expected on
a daily basis. However, when temporary structures are erected, the Code does not
require mitigation for parks, transportation, or school lands. Additionally, the affordable
housing mitigation owed for temporary structures is much lower than what is required
for expanding Net Leasable Area.
Staff supports continued use of the tent proposed within the Fountain Courtyard, and
even supports the request to erect the tent for up to 48 days within 2022. Unlike the
other structures, this tent is intended to provide space for single events such as
weddings, corporate retreats, and a New Year’s Eve party. None of these events are
intended to increase daily operations of the resort and should not require additional
staff or lead to long-term impacts on public infrastructure. Staff finds this criterion to
be not met for the following structures: the four yurts, the dome and the tent
proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
B. The compatibility of the proposed temporary use with the character, density and
use of structures and uses in the immediate vicinity.
Staff Response: The St. Regis Resort is located within the Lodge zone district and has
a Planned Development overlay. The property is built large enough to accommodate
temporary structures in various locations simultaneously. Many of the courtyards for
which these structures are proposed, are sunken below the street-level and are
surrounded by prominent four-story walls of the hotel. The presence of the proposed
structures will likely have little impact on the character of the immediate vicinity.
However, the proposed use of the structures is inconsistent with previous approvals
associated with the Planned Development. Temporary structures are intended to
provide space for events or to accommodate unique circumstances, which is consistent
432
Exhibit A.1 | St. Regis Review Criteria
Page | 4
with the Lodge Use. Using structures to simply increase resort operations and augment
restaurant and retail space is not aligned the approvals associated with the Planned
Development. Staff does not support the proposal to erect yurts, the dome, and the tent
within the Chefs Courtyard. The use of the tent proposed within the Fountain Courtyard
is intended for one-off, single events and is compatible the purpose of temporary uses.
Staff finds this criterion to be not met for the following structures: the four yurts,
the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic
and traf fic patterns, municipal services, noise levels and neighborhood
character.
Staff Response: Increasing daily operations of any service-oriented business will
impact traffic, municipal services, noise levels and neighborhood character. The
proposal to install four yurts, one tent and a dome within the Mountain Plaza Courtyard
to increase operations at the St. Regis is tantamount to increasing Net Leasable space
for a large portion of the year (much of it during the busiest months in town). Additional
impacts on municipal services and traffic generation should be expected each day in
which these structures are erected on the property.
Conversely, the tent that is proposed within the Fountain Courtyard will have a much
lower impact on traffic and municipal services as it is not intended to augment daily
operations of the resort, but rather is meant to host single events that will take place
on different days and times throughout the year.
Staff finds this criterion to be not met for the following structures: the four yurts,
the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as proposed in
the application.
Staff Response: Prior to 2017, staff administratively approved temporary structures on
an as-needed basis for the St. Regis. Starting in 2017, staff worked with the applicant
to memorialize long-term approvals for temporary structures by bringing the requests
to City Council for review. Council approved Resolution #158, Series of 2017 to allow
the installation of a tent for up to forty days per year within the Fountain Courtyard for
a total of ten years. (This tent may continue to be installed on the property for forty days
per year through Winter 2026-2027 without further Council review.)
Council later approved Resolution #102, Series of 2018, allowing for the installation of
ten yurts adjacent to the Chef’s Club for a total of 135 days during the 2018-2019 winter
season.
433
Exhibit A.1 | St. Regis Review Criteria
Page | 5
The structures that were erected during the COVID-exemption period (Winters 2020-
2021 and 2021-2022) did not undergo a temporary use review, because the provisions
of the Land Use Code relating to temporary structures were waived during that time.
Because of the unique circumstances brought on by the COVID-19 pandemic, the
previous two winters are considered outliers and not part of the history associated with
approving temporary structures because land use approval was not required.
Today, the full force and effect of the land use code is in place just as it was prior to the
onset of COVID-19 in early 2020. It is therefore appropriate to consider Council
approval of the tent in the Fountain Courtyard (Reso. #158, Series 2017) and Council
approval of the yurts adjacent to the Chef’s Club (Reso #102, Series 2018), while
omitting consideration of the improvements that were allowed during COVID-19
exemption period.
Staff believes the request to allow the tent within the Fountain Courtyard for 48 days in
2022 is appropriate. This tent will be used for purposes that align with the original intent
of the approval from 2017, which is to accommodate single events, such as weddings,
receptions, and a New Year’s Eve celebration.
As for the yurts that were previously approved by Council in the Chef’s Club Courtyard -
staff is of the opinion that this one-year approval was appropriate for the winter of 2018-
2019. However, given Council’s goals related to affordable housing and climate
resilience, approving a temporary structure that is intended to augment business
operations presents a challenging dynamic. Furthermore, the improvements proposed
for the Chef’s Club Courtyard in this application are different from what was approved
by Council in 2018. The yurts that Council approved contained a total of 798 sq. ft. The
tent that is proposed in the same location is 1,000 sq. ft.
Staff finds this criterion to be not met for the following structures: the four yurts,
the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
E. The purposes and intent of the zone district in which the temporary use is proposed.
Staff Response: The purpose of the Lodge zone district is to encourage the operation
of lodges, tourist-oriented multi-family buildings, high occupancy timeshares, and
ancillary uses compatible with lodging to support the City’s resort economy. The
temporary uses that are proposed would support that purpose. Staff finds this
criterion to be met.
F. The relation of the temporary use to conditions and character changes which may
have occurred in the area and zone district in which the use is proposed.
Staff Response: While the use of the temporary improvements as an extension of
existing hotel operations is not an incompatible use within the zone district, these types
of temporary structures (fabric/plastic tents, airlocks, etc.) are inappropriate for uses
intended to augment regular day -to-day operations. If the Resort is interested in
expanding restaurant or retail space, staff encourages the Applicant to explore
434
Exhibit A.1 | St. Regis Review Criteria
Page | 6
permanent solutions. As for the tent proposed in the Fountain Courtyard- because it is
intended to accommodate temporary functions, such as weddings and corporate
events, staff finds the use of fabric/plastic to be appropriate .
Staff finds this criterion to be not met for the following structures: the four yurts,
the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
G. How the proposed temporary use will enhance or diminish the general public
health, safet y or welfare.
Staff Response: Apart from the tent proposed for the Fountain Courtyard, the
remaining structures are intended to augment daily resort operations on a long -term
basis. Increasing resort and restaurant operations adds pressure on affordable
housing, traffic generation, parking demand and other city services. The mitigation
typically associated with new Net Leasable space, (affordable housing mitigation,
Transportation Demand Management, School Lands, and Parks Fees) is not required
for temporary structures and thus diminishes from the general public health, safety and
welfare. Staff finds this criterion to be not met for the following structures: the
four yurts, the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
GROWTH MANAGEMENT QUOTA SYSTEM
26.470.040.I; Temporary uses and structures. The development of a temporary use
structure shall be exempt from growth management, subject to the provisions of Chapter
26.450, Temporary Uses. Temporary external airlocks shall only be exempt from the
provisions of this Chapter if compliant with the applicable sections of Commercial Design
Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary Uses.
Tents, external airlocks, and similar temporary enclosures located on commercial
properties and supporting commercial uses shall only be exempt from the provision of this
Chapter, including affordable housing mitigation requirements, if compliant with the
applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7
consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450
– Temporary Uses. Erection of these enclosures for longer than 7 consecutive days in a
12-month period shall require compliance with the Commercial Design Review – Chapter
26.412, and compliance with the provisions of this Chapter including affordable housing
mitigation.
Staff Response: A tent was erected in the Fountain Courtyard for a total of 43 days during
Winter 2021-2022. The applicant requests to erect this tent for an additional 5 days in
2022 (from December 27 to December 31). Since the 14 -day credit already applied to this
tent, it does not apply for the additional 5 days requested in 2022. Therefore, the mitigation
required for the additional 5 days for the tent in the Fountain Courtyard comes to:
$1,317.68.
435
Exhibit A.1 | St. Regis Review Criteria
Page | 7
All subsequent years for which the subject structures are approved (2023-2027), a credit
of 14-days will apply to the tent located within the Fountain Courtyard. Remaining
structures will pay full mitigation and no credit will apply. In the event that the Fountain
Courtyard tent is not erected over a 12 -month period, the 14-day credit will apply towards
the first structure in for permit in that given timeframe.
These figures were calculated using updated cash -in-lieu figures for Category 4 – and the
methodology described in 26.470.090.F; Temporary Uses and Structures.
Location Improvement Length of Time Dimensions Mitigation
Owed/Year*
Fountain
Courtyard
One Tent 40 days – 14 days = 26
days
3,960 sq. ft. $9,437.23
Four yurts
140 days
1,024 sq. ft. total
for all four yurts
(16 ft. x 16 ft.
diameter)
$13,140.26
total for all
four yurts
Chefs Club
Courtyard One tent 121 days 1,000 sq. ft. $11,090.76
Mountain
Plaza
Courtyard
One dome 140 days 900 sq. ft. $11,549.06
COMMERCIAL DESIGN STANDARDS AND GUIDELINES
NOTE: Responses are only for the applicable review criteria for this project.
❖ General Standards
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or
seen historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary
material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed
for secondary materials.
Staff Response: The structures proposed by the applicant are made from canvas,
and plastic. These are not high-quality materials as they lack the proven durability
and weathering characteristics suitable for a mountain climate. However, the
prominent walls of the Resort and landscaping throughout the property will do a
good job of shielding the view of these structures from the street, so concerns
related to neighborhood impact are reduced. Given the inherent temporary nature
of the materials, staff believes it is appropriate to allow the tent proposed within the
Table I: Mitigation Required from 2023 to 2027
436
Exhibit A.1 | St. Regis Review Criteria
Page | 8
Fountain Courtyard to remain. The use of this tent is compatible with a temporary
structure as it is intended for temporary events, parties, weddings, and other one -
off functions. Whereas, the remaining structures are intended to augment regular
day-to-day operations of the hotel, which is not consistent with the purpose of a
temporary use. Staff finds this criterion to be not met for the following
structures: the four yurts, the dome and the tent proposed within the Chef’s
Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
❖ Mountain Base Character Area Standards
6.2 Place building into the topography to minimize visual impacts from downtown and to
reinforce a strong relationship to the mountain.
Staff Response: The locations of the proposed structures within the confines of
the Resort will shield them from view as from surrounding streets and the
downtown area. Staff finds this criterion to be met.
6.4 Incorporate open space into building placement and site design.
Staff Response: There are currently four open courtyards located between
buildings. Much of the area associated with these spaces will be filled by the
proposed structures during the winter months. While these structures are
considered temporary, their purpose – to augment resort, restaurant, and retail
operations on a long-term basis – is not, which reduces open space and negatively
impacts site design. Staff finds this criterion to be not met for the following
structures: the four yurts, the dome and the tent proposed within the Chef’s
Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
6.8 Easily identifiable architectural details are encouraged.
• Character defining details are recommended to engage the pedestrian, to promote
variety of architecture, and to aid in wayfinding.
Staff Response: While it is true that a range of materials are appropriate for this
eclectic neighborhood, fabric, plastic and other low-quality materials typically
associated with temporary structures are not considered a character -defining trait
found within the Mountain Base Character Area. With that said, staff does support
the use of these materials for structures that are intended to accommodate
temporary functions (e.g. weddings, corporate retreats, etc.) as this is compatible
with the lodge use of the property. In this instance, the tent proposed within the
Fountain Courtyard serves that purpose. The remaining structures are intended to
augment resort operations for months at a time (a use that is not considered
temporary in nature) while incorporating low-grade, temporary materials, which is
an incompatible use of a temporary structure.
437
Exhibit A.1 | St. Regis Review Criteria
Page | 9
Staff finds this criterion to be not met for the following structures: the four
yurts, the dome and the tent proposed within the Chef’s Club Courtyard.
Staff finds this criterion to be met for the tent proposed within the Fountain
Courtyard.
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476
Exhibit B.1 | Catch Steak | Staff Findings
Page | 1
TEMPORARY USES
Land Use Code Section 26.450.030
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they or any of them, relate thereto:
A. Location, size, design, operating characteristics and visual impacts of the
proposed use.
Staff Response: The outdoor area on the second level of the subject property is
considered pedestrian amenity space. The purpose of this space is to limit the bulk
and mass of the second floor of the building and to emphasize the adjacent historic
Elks Building, to the south. Erecting a 1,369.50 sq. ft. tent structure with a height of
at least 14-ft. will significantly impact the view of the subject property from Galena
Street as well as Hopkins Avenue. Structures of this nature and magnitude are
considered by Staff for short-term approval (7 days); however, overall, they are found
to detract from the permanent architecture of the historic Commercial Core district, and
therefore are not supported for longer periods of time. Staff finds this criterion to be
not met.
A. The compatibility of the proposed temporary use with the character, density and
use of structures and uses in the immediate vicinity.
Staff Response: The proposed tent is incompatible with the character, density and
use of structures in the immediate vicinity. The proposed location is adjacent to a
designated historic resource. The tent would cover up much of the north-facing façade
of the resource. Additionally, the outdoor area of the second level of the subjec t
building is considered pedestrian amenity space and helps to break up the bulk and
mass of the existing building. The proposed tent will fill in the open space and increase
the perceived, bulk, mass, and density of the building. The Code requires Pedestrian
Amenity spaces to be open to the sky, open to view, and to contribute to an active
street vitality. The closed sides of the tent create a private space that is neither open
to the sky, nor contributing to the vitality of the area. Canvas and plastic structures are
not materials that would be approved through Commercial Design review and are
out of character with the surrounding architecture.
Staff finds this criterion to be not met.
B. The impacts of the proposed temporary use on pedestrian and vehicular traffic
and traf fic patterns, municipal services, noise levels and neighborhood
character.
Staff Response: The proposed structure will augment restaurant operations for close
to one third of the year. Upon removal of the structure, the outdoor space could feasibly
be used for most of the summer. Increasing restaurant operations during the two
busiest seasons of the year will require more employees, increase traffic and parking
demand, and further impact municipal services without the mitigation typically required
for increasing Net Leasable space. Additionally, because the tent is made of fabric and
is not a permanent structure, additional noise should be expected. Staff finds these
types of temporary structures negatively impact the neighborhood character,
particularly when used for a longer period (more than seven days). Staff has worked
477
Exhibit B.1 | Catch Steak | Staff Findings
Page | 2
with business owners to eradicate these temporary structures on other properties, from
airlocks to awnings with sides, and encourages permanent solutions. The
Commercial Core is a historic district, and all buildings and structures are required to
pass a heightened review process involving commercial design guidelines and historic
preservation review. This fabric and plastic structure do not fit with the character of
the district, particularly for a use that is greater than a short duration (one week).
Staff finds this criterion to be not met.
C. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as proposed in
the application.
Staff Response: A temporary use has not been approved for this property in the past.
Staff finds this criterion to be not met.
D. The purposes and intent of the zone district in which the temporary use is proposed.
Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow
the use of land for retail, service commercial, recreation, and institutional purposes
within mixed -use buildings to support and enhance the business and service character
in the historic central business core of the city. This mix of uses is to encourage a
high level of vitality throughout this district. Restaurant use fits the purpose of the zone
district. Staff finds this criterion to be met.
E. The relation of the temporary use to conditions and character changes which may
have occurred in the area and zone district in which the use is proposed.
Staff Response: The use of the tent as an extension of the restaurant is in itself not
an incompatible use within the zone district. However, these types of temporary
structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the
Commercial and Commercial Core zone districts. Staff encourages the applicant to
explore a permanent solution to this issue of outdoor seating during the winter season.
Staff finds this criterion to be not met.
F. How the proposed temporary use will enhance or diminish the general public
health, safet y or welfare.
Staff Response: The proposed tent will allow patrons of the restaurant to use the
outdoor dining area for a significant portion of the year. Erecting a temporary structure
to augment restaurant operations adds pressure on affordable housing, traffic
generation, parking demand and other city services, without the mitigation that is
generally associated with these impacts. Staff finds this criterion to be not met.
478
Exhibit B.1 | Catch Steak | Staff Findings
Page | 3
GROWTH MANAGEMENT QUOTA SYSTEM:
26.470.040.I; Temporary uses and structures. The development of a temporary use
structure shall be exempt from growth management, subject to the provisions of Chapter
26.450, Temporary Uses. Temporary external airlocks shall only be exempt from the
provisions of this Chapter if compliant with the applicable sections of Commercial Design
Review – Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary Uses.
Tents, external airlocks, and similar temporary enclosures located on commercial
properties and supporting commercial uses shall only be exempt from the provision of this
Chapter, including affordable housing mitigation requirements, if compliant with the
applicable sections of Commercial Design Review – Chapter 26.412, if erected for 7
consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450
– Temporary Uses. Erection of these enclosures for longer than 7 consecutive days in a
12-month period shall require compliance with the Commercial Design Review – Chapter
26.412, and compliance with the provisions of this Chapter including affordable housing
mitigation.
Staff Response: The applicant is requesting a 142-day temporary use approval, requiring
compliance with Commercial Design Guidelines (below), and affordable housing mitigation.
Staff has calculated the appropriate affordable housing mitigation for 128 days (less the 14
day exemption) as $16,073.36 for the proposed use. This figure was calculated using
updated cash-in-lieu figures for Category 4 – and the methodology described in
26.470.090.F; Temporary Uses and Structures.
COMMERCIAL DESIGN STANDARDS AND GUIDELINES
NOTE: Responses are only for the applicable review criteria for this project.
❖ General Standards
1.13 Development adjacent to a historic landmark should respond to the historic
resource.
• A new building should not obscure historic features of the landmark.
Staff Response: The
subject property is
located adjacent to the
Elks Building, a
designated historic
landmark. As depicted in
Figure 1, the proposed
tent would block a portion
of the north-facing façade
of the Elks building,
negatively detracting
from the historic integrity
of the resource. Staff
finds this criterion to be
not met.
Figure 1: Proposed Tent Adjacent to Elks Building
479
Exhibit B.1 | Catch Steak | Staff Findings
Page | 4
1.23 Building materials shall have these features:
• Convey the quality and range of materials found in the current block context or seen
historically in the Character Area.
• Convey pedestrian scale.
• Enhance visual interest through texture, application, and/or dimension.
• Be non-reflective. Shiny or glossy materials are not appropriate as a primary
material.
• Have proven durability and weathering characteristics within Aspen’s climate.
• A material with an integral color shall be a neutral color. Some variation is allowed
for secondary materials.
Staff Response: The applicant is proposing to erect a tent structure made with
canvas/fabric-based materials. These are not high-quality materials typically found
within the Commercial Core. These materials are not part of the block context nor
are they seen historically in the area. These materials also lack the proven durability
and weathering characteristics suitable for a mountain climate. The tent is grey,
which is a suitable neutral color. Staff finds this criterion to be not met.
1.24 Introducing a new material, material application, or material finish to the existing
streetscape may be approved by HPC or P&Z if the following criteria are met:
• Innovative building design
• Creative material application that positively contributes to the streetscape.
• Environmentally sustainable building practice.
• Proven durability
Staff Response: The proposed material is not considered to be an innovative
design nor a creative material that provides a positive contribution to the street
scape. The canvas and plastic materials do not comply with any energy efficient
building codes because they are temporary materials. As such, they are not
durable because they are not intended for permanent structures. Staff finds
this criterion to be not met.
❖ Pedestrian Amenity Standards
PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible
and adjacent to the street.
Staff Response: The proposed structure is located on the existing second floor
deck and would enclose a large portion of the area. As represented in Figure 1,
the view of the deck from Galena Street and Hopkins Avenue will be
fundamentally impacted with the new massing and height of a temporary
structure. Staff finds this criterion to be not met.
PA2.5 All second floor Pedestrian Amenity shall be open to the sky.
Staff Response: The proposed structure is fully enclosed with walls and a roof,
cutting off much of the existing Pedestrian Amenity space from the sky. Staff
finds this criterion to be not met.
480
Exhibit B.1 | Catch Steak | Staff Findings
Page | 5
❖ Commercial Core Historic District Standards
2.4 Respect adjacent iconic historic structures
• Development near historic landmarks may use Pedestrian Amenity design as a
transition or buffer to highlight the importance of adjacent historic structures.
• Use simple architectural details, materials and massing that do not detract from
nearby historic landmarks.
Staff findings: The existing second floor deck is intended to meet this standard,
as it reduces perceived bulk and mass of the subject property and gives way to
better views of the Elks building, a historic landmark located to the south.
Installing a tent to fill in much of the existing open space will block views of the
north facing façade of the historic resource. Additionally, the tent is made from
canvas/plastic materials which are incompatible with the 19th century nature of
area and further detract from the integrity of the historic resource. Staff finds
this criterion to be not met.
2.14 Architectural details should reinforce historic context and meet at least two of the
following qualities.
• Color or finish traditionally found downtown.
• Texture to create visual interest, especially for larger buildings.
• Traditional material: Brick, stone, metal and wood.
• Traditional application: for example, a running bond for masonry.
Staff Response: Canvas and fabric-based materials are not traditionally found
downtown and are not considered traditional material. There is no traditional
application of said materials. The tent is grey, which is occasionally found
downtown. Staff finds this criterion to be not met.
481
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
482
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications that normally take a minimal and predictable amount of staff
time to process. Review fees for other City Departments reviewing the application (referral departments) also will be collected
when necessary. Flat fees are cumulative, i.e., an application with multiple flat fees must pay the sum of those flat fees. Flat fees
are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent
will be charged against the deposit. Various City staff also may charge their time spent on the case in addition to the Case
Planner. The deposit amount may be reduced if, in the opinion of the Community Development Department Director, the project
is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be
made during the pre-application conference by the Case Planner. Hourly billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral
agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be
accepted for processing without the required fee(s).
The Community Development Department shall keep an accurate record of the actual time required to process a land use
application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will
be billed for the additional costs incurred by the City when the processing of an application by the Community Development
Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be
billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than
provided for by the deposit, the Department shall refund the unused portion of the deposited fee to the applicant. Fees shall be
due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval, all billing shall be
reconciled, and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval, all billing shall again be reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.75% per month. An unpaid invoice of
120 days or more may be subject to additional actions as may be assigned by the Municipal Court judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, any unpaid invoice
of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application for the
property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract
purchaser) regarding payment of fees is solely between those private parties.
483
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner):
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
484
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□This property is not subject to a homeowner association or other form of private c ovenant.
□This property is subject to a homeowner association or private covenant, and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary.
□This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners a ssociation or covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: Date:
Owner printed name:
or,
Attorney signature: Date:
Attorney printed name:
485
54583761.1
730 East Durant Avenue, Suite 200, Aspen, CO 81611
Telephone: 970.925.6300 shermanhoward.com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csanders@shermanhoward.com
March 18, 2022
City of Aspen
Community Development Department
427 Rio Grande Place
Aspen, Colorado 81611
Re: 204 South Galena Street, LLC, a Colorado limited liability company; Certificate of
Ownership
Dear Sir or Madam:
I am an attorney licensed by the State of Colorado to practice law.
This letter shall confirm and certify that 204 South Galena Street, LLC, a Colorado
limited liability company, is the owner of certain improved real property located at 204 South
Galena Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"):
Lots A, B and C, Block 94, City and Townsite of Aspen, County of Pitkin, State of
Colorado.
The entity 204 South Galena Street, LLC owns the Subject Property, subject only to the
following matters of record:
1. Reservations or exceptions as to any mine of gold, silver, cinnabar or copper, or to any
valid mining claims or possession held under existing laws, contained in Deeds recorded October
6, 1887 in Book 59 at Page 3 and November 21, 1887 in Book 59 at Page 101.
2. Terms, conditions, provisions, obligations and agreements as set forth in the
Resolution #18, Series of 2012 recorded August 27, 2012 at Reception No. 591643.
3. Terms, conditions, provisions, obligations and agreements as set forth in the
Resolution #34, Series of 2012 recorded January 8, 2013 at Reception No. 595906.
4. Terms, conditions, provisions, obligations and agreements as set forth in the
Resolution #3, Series of 2013 recorded February 25, 2014 at Reception No. 608191.
486
2
54583761.1
5. Terms and provisions of Occupancy and Use Deed Restriction Agreement Regarding
Subgrade Space dated April 9, 2014 from 204 South Galena Street, LLC, recorded April 14,
2014 at Reception No. 609434.
6. Terms and provisions of Revocable Encroachment License Application recorded May
1, 2014 at Reception No. 609960.
7. Terms, conditions, provisions, obligations and agreements as set forth in the
Stormwater Best Management Practices Operations and Maintenance Agreement recorded
January 4, 2016 at Reception No. 626084.
8. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated
November 6, 2019 between and 305-7 Mill Street LLC, recorded November 7, 2019 as
Reception No. 660253.
9. Assignment of Leases and Rents dated November 6, 2019 between LoanCore Capital
Credit REIT LLC, a Delaware limited liability company and 305-7 Mill Street LLC, recorded
November 7, 2019 as Reception No. 660254.
10. Assignment of Deed of Trust, Assignment of Leases and Rents and Security
Agreement dated as of July 6, 2020 between Loancore Capital Credit REIT LLC, a Delaware
limited liability company as assignor and LCC Warehouse I LLC, a Delaware limited liability
company as assignee recorded July 6, 2020 as Reception No. 7665615.
11. UCC Financing Statement between 305-7 Mill Street LLC, as debtor, and LoanCore
Capital Credit REIT LLC, as secured party, recorded November 7, 2019 as Reception No.
660255.
12. Assignment of Assignment Leases and Rents dated July 6, 2020 between LoanCore
Capital Credit REIT LLC, a Delaware limited liability company as assignor and LCC Warehouse
I LLC, a Delaware limited liability company as assignee recorded July 6, 2020 as Reception No.
665622 and as Reception No. 665623.
13. Amendment of UCC Financing Statement between LoanCore Capital Credit REIT
LLC, a Delaware limited liability company as assignor and LCC Warehouse I LLC, a Delaware
limited liability company as assignee recorded July 7, 2020 at Reception No. 665802.
14. Omnibus Amendment to Deeds of Trust, Assignments of Leases and Rents and
Security Agreements dated July 12, 2021 to be effective as of March 19, 2021 between 414-422
East Cooper Avenue, LLC, 434 Eat Cooper Avenue, LLC, 730E. Cooper, LLC, 419 East Hyman
Avenue, LLC, 232 East Main Street, LLC, 305-7 Mill Street LLC, 312 East Hyman Avenue,
LLC, 517 East Hopkins Avenue, LLC, 411 East Hyman Avenue, LLC, 413 East Hyman Avenue,
LLC, 204 South Galena Street, LLC and West Hallam Holdings, LLC and LCC Warehouse I
LLC, a Delaware limited liability company recorded July 26, 2021 as Reception No. 678834.
487
3
54583761.1
15. Omnibus Amendment to Assignment of Leases and Rents dated July 12, 2021 to be
effective as of March 19, 2021 between 414-422 East Cooper Avenue, LLC, 434 Eat Cooper
Avenue, LLC, 730E. Cooper, LLC, 419 East Hyman Avenue, LLC, 232 East Main Street, LLC,
305-7 Mill Street LLC, 312 East Hyman Avenue, LLC, 517 East Hopkins Avenue, LLC, 411
East Hyman Avenue, LLC, 413 East Hyman Avenue, LLC, 204 South Galena Street, LLC and
West Hallam Holdings, LLC and LCC Warehouse I LLC, a Delaware limited liability company
recorded July 26, 2021 as Reception No. 678835.
This letter shall further confirm that as the owner of the Subject Property, 204 South
Galena Street, LLC has the right and authority to file and pursue land use applications, building
permit applications, variance requests, and other requests with the City of Aspen with respect to
the Subject Property.
Sincerely,
Curtis B. Sanders
488
forumphi.com | p. 970.279.4157
Aspen: 210 E. Hyman Ave., #202 , Aspen, CO 81611
Carbondale: 36 N. 4th St., Carbondale, CO 81623
FORUM PHI | Consent and Authorization to Represent
Date: October 5, 2022
Client: Galena Hospitality Group, LLC
Client Address: 1510 West Loop South, Houston, TX 77027
City of Aspen Community Development Department
427 Rio Grande Place
Aspen, CO 81611
Re: Catch Steak Aspen
Dear Director,
I hereby authorize Ryan Walterscheid and Forum Phi to perform and submit documents related to planning, Building
Permit Application, or to gain building file information on our behalf for the project located at 515 E. Hopkins, Aspen, CO
81611. They may represent us during the application review and approval processes. They may act on our behalf, may
sign on our behalf all applications and permits, and any documents required or ancillary thereto.
Ryan Walterscheid, Partner, AIA
Forum Phi Architecture, LLC
210 E Hyman Ave – Suite 202
Aspen, CO 81611
Sincerely,
David Getraer, COO
_______________________________________ __________________
Owner Name Date
10/5/22
489
Page | 1
PRE-APPLICATION CONFERENCE SUMMARY
DATE: August 19, 2022
PLANNER: Kevin Rayes | kevin.rayes@cityofaspen.com | 970.429.2797
PROJECT NAME AND ADDRESS: 204 S. Galena | Catch Steak | Installation of Temporary Outdoor Structure
PARCEL ID# 2737-073-40-001
REPRESENTATIVE: Mark Hardeman| Forum Phi | mhardeman@forumphi.com | 970.379.8407
DESCRIPTION: The subject site is home to Catch Steak, an upstairs restaurant, located within the Commercial Core
(CC) zone district and within the Historic District. Exterior seating associated with the restaurant is located on a
street-facing upper-level courtyard, adjacent to the interior restaurant space. Several temporary umbrellas and
heating structures currently occupy the exterior space, but it otherwise remains uncovered. This area serves as
the pedestrian amenity space for the restaurant.
The applicant hopes to provide more robust weather protection for patrons dining outside by installing a
temporary tent-like structure made of fabric/vinyl, supported with aluminum columns. At the time of writing this
pre-application, the applicant has not determined the size of the structure nor the number of days for which it
might be erected.
To install a temporary structure with the ability to be enclosed, City Council shall consider the request pursuant
to the following Land Use Code Sections:
1. Temporary and Seasonal Uses (Land Use Code Chapter 26.450)
Temporary uses may be granted by City Council for a period not to exceed 180 consecutive days in a 12-
month period. Council will consider the following criteria when reviewing the request to erect a
temporary structure:
• The location, size, design, operating characteristics, and visual impacts of the proposed use ,
• The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity ,
• The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic
patterns, municipal services, noise levels and neighborhood char acter,
• The duration of the proposed temporary use and whether a temporary use has previously been
approved for the structure, parcel, property, or location as proposed in the application,
• The purpose and intent of the zone district in which the temporary use is proposed ,
• The relation of the temporary use to conditions and character changes which may have occurred
in the area and zone district in which the use is proposed, and
• How the proposed temporary use will enhance or diminish the public health, safety, and welfare.
2. Commercial Design Review (26.412)
The subject property is located within the Commercial Core Historic District character area as defined in
the Commercial, Lodging, and Historic District Design Standards and Guidelines. Improvements located
within this character area should respect the 19th century historic context by highlighting Aspen’s sense of
place and small-town character. For example, traditional application of materials commonly found in the
Historic District such as wood, brick and stone should be prioritized. Materials should be non-reflective.
Use of shiny or glossy materials is not appropriate. An enclosure that incorporates the use of canvas or
plastic is inconsistent with the historic context of downtown and is not compatible with this Character Area
as described in the Commercial Design Standards and Guidelines. The applicant should carefully consider
the types of materials to be used on the proposed enclosure and be sure the applicable Commercial Design
Standards and Guidelines are met.
490
Page | 2
Additionally, it is important to note that enclosing this outdoor area will reduce the amount of pedestrian
amenity space that currently exists. The Code requires Pedestrian Amenity spaces to be open to the sky,
open to view and to contribute to an active street vitality. The applicant should contemplate how to
minimize any adverse impacts to the existing pedestrian amenity space.
3. Growth Management Review (Outdoor structures with the ability to be enclosed ):
Pursuant to Land Use Code Section 26.470.090.F, Growth Management- Temporary Uses and Structures,
a temporary tent, external airlock, or similar temporary enclosure is exempt fro m affordable housing
mitigation requirements if erected for 14 days or less in a 12-month period, and approved pursuant to
Chapter 26.540, Temporary and Seasonal Uses. If a structure is erected for longer than 14 days in a 12-
month period, affordable housing mitigation is required only for the days exceeding 14. Cash-in-lieu may
be paid by-right.
Pursuant to Land Use Code Section 26.470.050, Growth Management- Calculations, 4.7 employees are
generated per 1,000 square feet of Net Leasable space. Sixty-five percent of the employees generated
by the additional commercial space are required to be mitigated. Affordable housing is required to be
provided at the Category 4 rate. The mitigation calculation includes the expected lifespan of a building,
which is currently 30 years. Assuming the outdoor space is 3,117 sq. ft. and the applicant wants to
enclose 100 percent of the space for a total of 21 days, the following formula would be used to determine
the affordable housing mitigation required:
3,117 / 1,000 = 3.117
3.117 x 4.7 FTEs = 14.6499
14.6499 x 65% mitigation rate = 9.522435 to be mitigated if the structure were used 100% of the year
9.522435/365 days per year= 0.02608886 daily rate
0.02608886 x 7 days = 0.18262202 FTEs
0.18262202 x $302,879 [Category 4] = $55,312.37
$55,312.37 / 30 years= $1,843.75 due for mitigation of the structure for 7 days*
*This calculation is subject to change based on the final design and area th at the enclosure covers.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.412 Commercial Design Review
26.470 Growth Management Quota System
26.450 Temporary and Seasonal Uses
For your convenience – links to the Land Use Application, the Land Use Code, and the Commercial, Lodging, &
Historic District Design Standards are below:
Land Use Application | Land Use Code | Commercial Design Standards |
REVIEW BY: Community Development staff for complete application and content
City Council for Commercial Design Review, Temporary & Seasonal Uses, and Growth
Management (if applicable)
PUBLIC HEARING: Yes, City Council
491
Page | 3
PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional or less hours will be billed or
refunded at a rate of $325 per hour)
REFERRAL FEES: None.
TOTAL DEPOSIT: $1,300
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: KEVIN.RAYES@CITYOFASPEN.COM
Completed Land Use Application and signed Fee Agreement.
HOA Compliance form (Attached to Application)
Pre-application Conference Summary (this document).
An 8 ½” by 11” vicinity map locating the parcel within the City of Aspen
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. The purpose of this requirement is to show that the Applicant has the authority to apply
for a Land Use Case.
Applicant’s name, address and phone number, within a letter signed by the applicant stating the name,
address and phone number of the representative authorized to act on behalf of the applicant
A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application.
Drawings/renderings of the proposed structure along with proposed dimensions and number of days
to be erected.
A recent site improvement survey (no older than 1 year)
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
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.
492
COPYRIGHT
PROJECT NO:
DRAWN BY:
FORUM PHI LLC
DATE OF PUBLICATION
G-314
TEMPORARY STRUCTURE
NET LEASABLE AREA
MH, LH
2042.00
FOR UMPHI
Aspen:
210 East Hyman, #202
Aspen, Colorado 81611
Carbondale:
36 N. 4th St.
Carbondale, CO 81623
forumphi.com
p: 970.279.4157
f: 866.770.5585
DRAWING ISSUANCE INDEX
NAME
PERMIT SUBMITTAL
ISSUED DATE
10/10/22
ID
10/10/22
204 S. Galena
Aspen CO 81611
Catch Steak Aspen
EXISTING NET LEASABLE AREA
EXISTING PUBLIC AMENITY AREA
AREA LEGEND
AREA COVERED BY EXISTING OVERHANG
EXISTING NET LEASABLE AREA
BASEMENT LEVEL NET LEASABLE AREA:
MAIN LEVEL NET LEASABLE AREA:
UPPER LEVEL NET LEASABLE AREA:
3,316.25 SQ FT
110.50 SQ FT
4,562.50 SQ FT
TOTAL NET LEASABLE AREA:7,989.25 SQ FT
EXISTING PUBLIC AMENITY AREA
UPPER LEVEL PUBLIC AMENITY AREA:3,086.75 SQ FT
TEMPORARY STRUCTURE AREA
AREA COVERED BY ROOF OVERHANG:
PROPOSED TEMP. STRUCTURE AREA:
376.25 SQ FT
1,369.50 SQ FT
PROPOSED TEMPORARY STRUCTURE AREA
TOTAL COVERED AREA:1,745.75 SQ FT
NUMBER OF DAYS ERECTED
DECEMBER 2022 TO APRIL 2023 - 150 DAYS TOTAL
AA
1
1
A.3A.3
CC
DD
EE
E.7E.7
FF
2
2
2.1
2.1
4
4
6
6
8
8
3
3
SHELF
RACKWINE RACKWINE RACKWINE RACK WINE RACK
WINE
RACK
WINE
RACK
RACK RACK
SHELF SHELF
SHELFSHELF
SHELF
SHELF
SHELF
BB
PRIVATE OFFICES FOR MAIN
LEVEL STORES
7
7
MEN'S
WOMEN'S
STORAGE
ELEVATOR
STAIRS
ELEVATOR/ STAIR
LOBBYCOAT CHECK
SERVICE BAR
SPRINKLERELEV. MECH.WATER
DINING
WALK-IN
FRIDGE
KITCHEN
OFFICE
WALK-IN
FRIDGE STORAGE BACK OF
HOUSE
EXISTING NET
LEASABLE AREA
3,316.25 SQ FT
AA
1
A.3A.3
2 2.1 4 6 83
BB
7
ENTRY
STAIR/ ELEVATOR
LOBBY
EXISTING NET
LEASABLE AREA
110.50 SQ FT
GGGGGGGD1E1D1E1DDMAX Q
R
R
R
DGEVAP.EVAP.EVAP.MAX QMAX Q
MAX Q
MAX QDAA
1
1
A.3A.3
CC
DD
EE
E.7E.7
FF
2
2
2.1
2.1
4
4
6
6
8
8
3
396'-81/2"12'-8 1/4"5'-43/8"4'-8 3/8"13-0 3/8"17'-8 3/4"18'-05/8"
LINE OF ROOF
OVERHANG ABOVE
LINE OF ROOF
OVERHANG ABOVE
LINE OF ROOF
OVERHANG ABOVE
ELEVATOR/
STAIR LOBBY
ELEVATOR STAIRS
HALL
WALK-IN
FREEZER
BB
7
7
LINE OF ROOF
OVERHANG ABOVE
KITCHEN
STAIRS
MEN'S
WOMEN'S
INDOOR DINING
OUTDOOR PATIO
OUTDOOR PATIO
BAR
OUTDOOR
PATIO
EXISTING NET
LEASABLE AREA
4,562.50 SQ FT
EXISTSING
PEDESTRIAN AMENITY
3,086.75 SQ FT
PROPOSED COVERED
AREA
1,745.75 SQ FT
N
0 4'8'16'SCALE: 1/8" = 1'-0"01 LOWER LEVEL NET LEASABLE AREA
SCALE: 1/8" = 1'-0"02 MAIN LEVEL NET LEASABLE AREA
0 4'8'16'SCALE: 1/8" = 1'-0"03 UPPER LEVEL NET LEASABLE AREA
SCALE: 1:1.34043D IMAGE COMPOSITE
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
PROJECT NO:2042.00
DRAWN BY:MSH
COPYRIGHT FORUM PHI LLC
DATE OF PUBLICATION
CATCH STEAK
ASPEN
204 S. Galena Aspen CO
81611
A-004
VICINICY MAP
10/5/22
Aspen:
210 East Hyman Ave, #202
Aspen, Colorado 81611
Carbondale:
36 N. 4th St.
Carbondale, CO 81623
forumphi.com
p: 970.279.4157
f: 866.770.5585
PROJECT SITE
204 S GALENA
516
Page | 1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Kevin Rayes, Planner
THRU: Amy Simon, Planning Director
RE: 2nd Reading: Ordinance No. 17, Series of 2022
Burlingame Triangle Parcel | Major Subdivision
MEETING DATE: November 15, 2022
Applicant:
City of Aspen
Representative:
Robert Schultz Consulting, LLC
Location:
TBD, Legally Described as Lot 1A,
Final Subdivision Plat of Lot 1A,
Burlingame Ranch, according to the
Final Plat thereof, recorded October
10, 2005, in Book 75 at Page 46 at
Reception No. 515887.
Current Zoning:
Rural Residential (RR) and
Conservation (C)
Summary:
The applicant is requesting a Major
Subdivision to subdivide fathering
parcel, Lot 1A into two resulting
parcels- Lot 1A and Lot 1D (AKA “the
triangle parcel”).
While no development is requested
as part of this land use application,
Lot 1D is anticipated to become part
of the future affordable housing
development at the Lumberyard. A
separate Planned Development
application will be required when the
Lumberyard Project is ready for
review. The land that will continue to
be referred to as Lot 1A will remain
undeveloped in perpetuity.
On September 20th, the Planning &
Zoning Commission reviewed the
application and recommended
approval via Resolution #13, Series
of 2022 (Exhibit D).
Staff Recommendation:
The proposed request is intended to set aside a parcel of
land (Lot 1 D) to eventually become part of the
Lumberyard Affordable Housing Development.
While a large portion of Lot 1A is intended for
conservation, the proposed area of Lot 1D was previously
identified for housing and other community needs.
The request to subdivide Lot 1A is consistent with
previous approvals and was originally anticipated when it
was created. Staff finds the request to subdivide the
parcel is consistent with all Subdivision Review Criteria
and supports the application for subdivision.
Staff recommends approval of the request.
Figure 1: Site Location
Lot 1A
Lot 1D-
Proposed
area to be
subdivided
from the
fathering
parcel; Lot
1A
Figure 1: Subject Property Location
517
Page | 2
REQUEST OF COUNCIL:
The Applicant is requesting approval of the reviews listed below. On September 20th, the Planning
& Zoning Commission reviewed the application and recommended approval via Resolution #13,
Series of 2022. Council first reviewed the application at a regular meeting on October 25th and
approved Ordinance #17, Series of 2022 in a five-to-zero (5-0) vote at First Reading. Council did
not request any additional information from staff at that time.
• General Subdivision Review Standards (Land Use Code Section 26.480.040)
All subdivisions are required to conform to general subdivision standards and limitations.
Lot 1A is currently vacant and most of the site is encumbered with a conservation easement ,
apart from a portion of the property that was previously anticipated for future development.
Subdividing Lot 1A into two parcels will set aside the area needed for future development of
the Lumberyard Affordable Housing Project and will preserve the remainder of the land for
conservation purposes. Given the unique context and plans for the area, many of the general
subdivision review standards are not applicable. (See Exhibit A for all review criteria and staff
responses.)
• Major Subdivisions (Land Use Code Section 26.480.070)
Lot 1A is the resulting parcel from Lot 1 which was approved for a Lot Split via Ordinance No.
36, Series of 2003. Pursuant to Land Use Code Section 26.480.060, Minor Subdivisions, a Lot
Split may occur only one time on a fathering parcel. A Major Subdivision is required to legally
subdivide Lot 1A a second time. As previously mentioned, given the unique context and plans
for the area, many of the review criteria are not applicable. Exhibit B responds to all review
criteria.
BACKGROUND:
Burlingame Ranch Subdivision
In 1997, The City of Aspen acquired more than 200 acres of
vacant land west of town, just outside city limits. This land was
annexed into the city and subdivided into the Burlingame Ranch
Subdivision for the purpose of developing affordable housing
and the preservation of open space. Much of the affordable
housing planned for the site has been developed, apart from
some areas, including a portion of Lot 1A, which is the subject
of this review. When an annexation occurs, state statute
requires initial zoning to be established within 90-days. When Lot
1A was annexed, two zone districts were contemplated for
adoption: Residential Multi-Family (R/MFA) and Open Space
(OS). Figure two depicts where this zoning was proposed. The
R/MFA designation was thought to provide the density required
for future development of affordable housing.
Council ultimately adopted Rural Residential (RR) and
Conservation (C) zoning. These zone districts were chosen to
serve as a kind of place holder by “freezing” the vacant lot in its
existing state with the understanding that a site-specific
development plan might be adopted for the area located in RR at
RR
C
Figure 3: Lot 1A Current
Zoning
Figure 2: Zone Districts
Proposed During 1997
Annexation
518
Page | 3
some point in the future, at which point the zoning could be amended to accommodate the
development.
Today Lot 1A remains undeveloped and within the Conservation (C) and the Rural Residential
(RR) zone districts. The RR portion of the parcel is roughly the same area that was previously
contemplated as R/MF.
Aspen Valley Land Trust: Conservation Easement
In 2003, The City, and the Aspen Valley Land Trust (AVLT) approved a conservation easement
on the lot. The purpose of the easement was to preserve the property as open space in perpetuity,
apart from an area located along the south-western side of the lot, which was called out as
“developable land.” Pursuant to the easement, the developable area is describ ed as the following:
A 150-foot-wide strip or to the toe of the slope (whichever is wider) of the Burlingame Range
which adjoins Highway 82.
The purpose of this description was to broadly convey the general area that was exempted from
the provisions of the conservation easemen t, meaning that development could occur within this
portion of Lot 1A at some point in the future. A survey was never conducted, so the precise
boundaries of the exempted area were never formally recognized.
An exhibit was later recorded with an amended conservation easement to visually represent the
boundary of the exempted area. Again, the exhibit was not the result of a survey or other formal
site analysis, but rather represents the basic shape of land that is considered developable. This
is acknowledged in the amended deed pursuant to the following:
The parties understand that the City has not completed the affordable housing project
currently contemplated on the land described above at section 1.iii [the subject area of this
application] and therefore is unable to specifically describe the property that is to be
excluded from the conservation easement.
Despite the absence of a survey or a metes-and-bounds description, the location of the exempted
area depicted in the conservation easement is consistent with the area previously described as a
suitable location for affordable housing development when the land was originally annexed
(Figures 4 and 5). The intended future affordable housing development and its location is carried
through the Burlingame Ranch and AVLT processes and documents in anticipation of the
Lumberyard project currently under review by Council.
Figure 5: Shape of Lot 1A
identified for development
in conservation deed
Figure 4: Lot 1A current
configuration
519
Page | 4
Related City of Aspen Land Acquisition and Annexation
Following the initial acquisition and subdivision of Burlingame Ranch, The City gradually acquired
purchased the Lumberyard Facility (AKA BMC West), to develop affordable housing. The City
annexed the property from the County and adopted an initial zoning of
Service/Commercial/Industrial (S/CI) to “freeze” the existing use and allow normal operations to
continue until a final development plan could be executed. This property remains under City
ownership and continues to function as a light-industrial use.
In 2020, The City purchased the mini-
storage facility. The City annexed this
property in early 2022. Upon
annexation, The City adopted an initial
zoning of S/CI, also to allow normal
operations to continue until a final
redevelopment plan could be
executed. This property remains
under City ownership and continues to
function as an industrial use.
As represented in Figure 6, the Mini
Storage site, the Lumberyard and the
Triangle Parcel are located adacent to
one another.
PROJECT SUMMARY:
The applicant requests to subdivide Lot 1A to set
aside a portion of the property in anticipation of the
Lumberyard Affordable Housing Development.
While this application does not request any
development, subdividing the property is needed
before a master plan can be developed for the
Lumberyard Affordable Housing Project.
Lot 1A is currently just over 73 acres. As
represented in Figure 7, the applicant proposes to
separate 3.56 acres from the fathering parcel to
create Lot 1D.
The resulting parcel will be located within the Rural
Residential (RR) and Conservation (C) zone
districts. The General Subdivision Review
Standards prescribed in Land Use Code Section
26.480.040 prohibit a single lot from being in more
than one zone district, unless unique
circumstances exist. Given the anticipated request
to adopt a master plan for the Lumberyard
Affordable Housing Project, the applicant believes
that no change to existing zoning is needed at this
time.
Figure 6: City-Owned Properties Slated for Affordable
Housing Development. From left to right – Mini-Storage
Parcel, Lumber Yard Parcel, Triangle Parcel (AKA
“Undeveloped Site”).
Lot
1D
Figure 7: Proposed subdivision layout of
fathering parcel Lot 1A and resulting
parcel Lot 1D
Lot 1A
Burlingame
Ranch
520
Page | 5
STAFF COMMENTS:
When reviewing the request to subdivide Lot 1A, staff first considered the history of the property
and the record that was established relating to the “triangle parcel.” The idea of developing
affordable housing within this area was conceptualized when the Burlingame property was
originally acquired by The City in the late 1990s. At the time of annexation, Lot 1D was
contemplated for Residential Multi -Family zoning to establish the density required for feasible
future affordable housing development (Figure 2). Although no legal description was
memorialized, the same general area was excluded from the restrictions and provisions of the
conservation easement that encumbers Lot 1A so that future development could occur (Figures
4 & 5).
On June 9, 2022, the Aspen Valley Land Trust Board of Directors adopted a resolution to
acknowledge the absence of a formal land description from previous deeds and to memorialize
a legal description that precisely describe s the boundaries of Lot 1D and Lot 1A. The resolution
approved by the AVLT Board of Directors and associated documents are included in Exhibit C.
Pending approval of this application, a plat representing both parcels will be recorded with the
Pitkin County Clerk and Recorder . Staff believes the request to subdivide Lot 1A to create
resulting Lot 1D is consistent with the general record and history that has been established for
this property as well as the resolution adopted by the AVLT Board of Directors . It was this action
by the AVLT’s Board that granted certainty to the status and demarcation of this portion of the
original Burlingame subdivision. With this issue settled, staff could then analyze the subdivision
review criteria that apply to the request.
When a subdivision is proposed, several review criteria are required to be met to ensure the
orderly and efficient development of the city. Because the scope of this application is limited to
the separation of Lot 1D from fathering parcel Lot 1A and no development is proposed, many of
the criteria are not applicable. (All review criteria are listed with staff responses in Exhibits A &
B.)
The land use code prohibits the creation of non -conformities or the expansion of existing non-
conformities as the result of a subdivision. As previously mentioned, Lot 1D is currently vacant.
Because no development is proposed, non -conformities are a non-issue.
Providing guaranteed legal access from all resulting parcels to a public way is required. The
application proposes an easement over and across the adjacent city -owned Lumberyard
properties to access Lot 1D. Because the Lumberyard properties are anticipated to become part
of the same affordable housing development, staff believes placing the access easement on
those properties is appropriate. Pending approval of this application, the easement will be
recorded with the Pitkin County Clerk and Recorder. When a development application is
submitted, a traffic circulation study will be required along with additional details related to
vehicular access, and pedestrian/bicycle access. Council will have an opportunity to review
those details at that time. Lastly, the Land Use Code gener ally discourages placing resulting
parcels in more than one zone district, unless unique circumstances exist. The proposed layout
of Lot 1D would be in the Rural Residential (RR) and the Conservation (C) zone districts. This
is no different than the existi ng configuration of fathering parcel Lot 1A, which is currently located
in both zone districts. Because of the limited information available regarding the density, height,
mass, and other characteristics of future development, rezoning the resulting parcel at this stage
would be premature. Staff believes that maintaining existing zoning is appropriate as it will
“freeze” current conditions until a development application is submitted. A rezoning request
would be considered at that time. Staff recommends tha t Council assess potential zoning
options when an application for development is submitted in the future.
521
Page | 6
As represented in Figure 8, Lot 1D is
located adjacent to The City-owned
Lumberyard and Mini -Storage
facilities. These properties were
acquired and annexed by The City
with the goal of developing an
affordable housing project. The
acquisition and annexation of land by
The City has occurred in a series of
distinct, separate actions over the last
decade. Lot 1D is the final piece of
land that is needed to develop a
successful project. Staff finds that all
Subdivision review criteria are met.
Staff supports the request to subdivide
Lot 1A and recommends approval of
the request.
RECOMMENDATION
Staff recommends approval of the
request for Major Subdivision.
PROPOSED MOTION
“I move to approve Ordinance #17 (Series of 2022) at Second Reading.”
CITY MANAGER COMMENTS:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
ATTACHMENTS:
Ordinance #17, Series of 2022
Exhibit A | Subdivision General Review Standards | Staff Findings
Exhibit B | Major Subdivision Review Standards | Staff Findings
Exhibit C | Letter from AVLT and Entitlement Documents
Exhibit D | P&Z Resolution #13, Series of 2022
Exhibit E | Application
Lot 1A
Figure 8: Proposed Subdivision Layout of Fathering
Parcel Lot 1A and Resulting Parcel Lot 1D
Lumberyard
Facility
Lot
1D
Mini
Storage
Facility
Lot
1A
522
Council Ordinance #17, Series of 2022
Page 1 of 3
ORDINANCE #17
(SERIES OF 2022)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MAJOR
SUBDIVISION FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 1A, FINAL
SUBDIVISION PLAT OF LOT 1A, BURLINGAME RANCH, ACCORDING TO THE
FINAL PLAT THEREOF, RECORDED OCTOBER 10, 2005, IN BOOK 75 AT PAGE 46
AT RECEPTION NO. 515997, COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID: 2735-031-00-805
WHEREAS, the Community Development Department received an application from the City
of Aspen, 427 Rio Grande Pl. Aspen, CO 81611 c/o Sara Ott, City Manager, requesting approval
for a Major Subdivision for the property located at Burlingame Lot 1A; and,
WHEREAS, Lot 1A is encumbered with a conservation easement held by the Aspen Valley
Land Trust with the exception of a portion of Lot 1A, which is exempt from the provisions of the
conservation easement and is contemplated for the development of affordable housing; and,
WHEREAS, on Jun 9, 2022, the Aspen Valley Land Trust Board of Directors adopted a
resolution to memorialize the area of Lot 1A for which the conservation easement applies and the
area that is exempt from the provisions of the conservation easement; and,
WHEREAS, the proposed subdivision of Lot 1A into resulting parcels known as Lot 1A and
Lot 1D is consistent with the delineation of land identified by the AVLT Board of Directors; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Director recommended approval of the Major Subdivision; and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommended approval of
the proposed subdivision via Resolution #13, Series of 2022 under the applicable provisions of the
Municipal Code as identified herein, reviewed, and considered the recommendation of the
Community Development Director and took and considered public comment at a duly noticed
public hearing on September 20, 2022; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the
recommendation of the Community Development Director and has taken and considered public
comment at a public hearing; and,
WHEREAS, the Aspen City Council reviewed the application at a regular meeting on October
25th, 2022 and approved Ordinance No. 17, Series of 2022 in a five to zero (5 to 0) vote at First
Reading; and,
523
Council Ordinance #17, Series of 2022
Page 2 of 3
WHEREAS, the Aspen City Council finds that the request for Major Subdivision meets the
applicable land use standards and voted X to X (X to X) on November 15, 2022 to approve the
request; 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 RESOLVED, THE ASPEN CITY COUNCIL APPROVES
THE FOLLOWING:
Section 1: Major Subdivision:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Council hereby approves the request for a Major Subdivision to subdivide Lot 1A to create
resulting parcel Lot 1A and Lot 1D, subject to the following conditions:
1. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk
and Recorder within 180 days, pursuant to Chapter 26.490, Approval Documents. No
Development Agreement is required at this time.
2. The Subdivision Plat shall represent the access easement serving Lot 1D and the easement
shall be recorded with the Pitkin County Clerk and Recorder’s Office.
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 Council, are hereby incorporated in such site development approvals and the same shall
be complied with as if fully set forth herein, unless amended by an authorized entity.
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 deemed a
separate, distinct, and independent provision and shall not affect the validity of the remaining portions
thereof.
524
Council Ordinance #17, Series of 2022
Page 3 of 3
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City
Council of the City of Aspen on the 25th day of October 2022.
ATTEST:
___________________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved by a X to X (X-X) vote on this 15th day of November
2022.
Approved as to form: Approved as to content:
____________________________ ________________________
James R. True, City Attorney Torre, Mayor
Attest:
____________________________
Nicole Henning, City Clerk
525
Exhibit A
Subdivision – General Review Standards
Page | 1
Sec. 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 findings: Lot 1D is located adjacent to the City-owned Lumberyard
properties. This application includes a public access easement across the
Lumberyard properties, which would provide the right -of-way access required
pursuant to this criterion. Pending approval of the request to subdivide Lot 1A,
the access easement will be recorded. When a housing plan is submitted, a more
robust access plan, traffic study and road design will be required. Staff finds this
criterion to be 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 t he site may be
approved.
Staff findings: This property was never part of the original townsite. Staff finds
this criterion to be not applicable.
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 re view.
Staff findings: Lot 1A is currently located within the Rural Residential (RR) and
Conservation (C) zone districts. The application to subdivide Lot 1A does not
include a request to change current zoning. The lot currently complies with zoning
as no improvements exist. No development is proposed as part of the
subdivision, so resulting parcel Lot 1D will also comply with underlying zoning ,
despite being located within two zone districts. An application will eventually be
submitted to develop affordable housing on Lot 1D, at which a rezoning request
would be appropriate. Staff finds this criterion to be met.
526
Exhibit A
Subdivision – General Review Standards
Page | 2
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 recordati on 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 findings: There are no structures or other re lated improvements on Lot 1A.
Pending approval of subdivision, resulting parcel Lot 1 D will also not contain any
improvements. No development is proposed as part of this application so non -
conformities are not anticipated. A request to develop affordable housing will
likely include a request to rezone Lot 1D to ensure compliance with underlying
zoning.
527
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 1
Sec. 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 findings: The General Subdivision Review Standards are either met or
not applicable (depending upon the criterion). The staff findings for the
General Subdivision Review Standards are provided in Exhibit A. Staff finds
this criterion to be 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 findings: Most of Lot 1A is encumbered with a conservation easement
for the purpose of maintaining open space. The area proposed for subdivision
(Lot 1D) from the fathering parcel was previously contemplated for the
development of affordable housing and was thus explicitly exempted in the
conservation easement. Subdividing Lot 1D from fathering parcel Lot 1A is
consistent with previous approvals and will optimize the use of land. Staff
finds this criterion to be 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 findings: Lot 1A is currently just over 73 acres. The request to subdivide
the property to create Lot 1D will separate 3.56 acres from the fathering
parcel. The conservation easement memorialized on the Lot 1A will continue
to preserve most of the parcel from development in perpetuity.
Staff finds this criterion to be 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 thirty percent (30%), and
any other natural or man-made hazard or condition that could harm the health,
528
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 2
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 address ed through a
Development Agreement pursuant to Chapter 26.490—Approval Documents.
Staff findings: No development is proposed as part of t he request to
subdivide Lot 1A. When a subsequent application is submitted to develop
affordable housing on resulting parcel Lot 1D, the development will be subject
to the provisions of the City of Aspen Land Use Code, Engineering Code and
Parks code to ensure the development meets all provisions related to natural
or man-made hazards that might affect the property. Staff finds this criterion
to be not applicable.
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 findings: No development is proposed as part of this application.
Subsequent development will be required to meet all Engineering design
standards. Staff finds this criterion to be not applicable.
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 findings: No development is proposed as part of this application.
Necessary public infrastructure and utilities will be analyzed at the time a
development application is considered. Staff finds this criterion to be not
applicable .
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 findings: While the development of an affordable housing project is
anticipated in the future, no development is proposed as part of this
application . Pursuant to Table 2 of Land Use Code Section 26.470.040, no
annual limit of development allotments exists for residential affordable
housing. Staff finds this criterion to be met.
529
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 3
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 findings: No development is proposed in this application. A future
application to develop affordable housing will address School Land
Dedication requirements. Staff finds this criterion to be not applicable.
9. A Subdivision Plat shall be reviewed and recorded in the of fice of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490—Approval
Documents.
Staff findings : The application includes a draft Subdivision Plat that depicts
fathering Parcel Lot 1A along with resulting Parcel Lot 1D. The application
also includes a public access easement that addresses access from the
adjacent city-owned Lumberyard facility to su bject parcel Lot 1D. Pending
approval from City Council, these documents will be filed with the County
Clerk and Recorder. Staff finds this criterion to 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 findings: No development is proposed as part of this application. Future
development will require a Development Agreement. Staff finds this
criterion to be not applicable.
b. Vehicular Rights -of-Way. The dedication, boundary alteration, realignment, or any
partial or whole vacation of a Street, Alley, or other vehicular right -of-way serving
more than one (1) parcel, shall be approved, approved with conditions, or denied
according to the following standards:
1. The proposed change maintains or improves the publi c health, safety, and
welfare of the community and is in the best interests of the City of Aspen.
Staff findings: While this application does not propose changing any
vehicular rights -of-way, a public access easement running over and across
the adjacent Lumberyard property to the subject parcel has been included
with the request. The public access easement provides the guarantee that
access to Lot 1D will be maintained. A more robust plan for vehicular access
and traffic circulation will be required when a subsequent application is
submitted to develop affordable housing. Staff finds this criterion to be not
applicable.
2. The proposed change to the public rights -of-way maintains or improves safe
physical and legal access from a public way to all adjacent properties and
shall not restrict the ability for a property to develop by eliminating or hindering
access. Redundant access, such as a primary street access plus alley
access, is preferred.
530
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 4
Staff findings: The access easement included with the application
guarantees that access to Lot 1D will be maintained. No other changes are
proposed at this time. Staff finds this criterion to be not applicable.
3. The design of the proposed change complies with Municipal Code Title 29—
Engineering Design Standards and is consistent with applicable adopted
policies, plans, and approved projects for the area (such as a highway access
policy, an approved development project, an infrastructure plan, a trails plan,
an improvement district plan, and the like).
Staff findings: No development is proposed as part of this application.
Therefore, Engineering Standards related to vehicula r access, pedestrian
access and other related requirements are not needed. These standards will
apply when an application to develop affordable housing is submitted. Staff
finds this criterion to be not applicable.
4. The proposed change maintains or improv es normal traffic circulation, traffic
control capabilities, access by emergency and service vehicles, pedestrian
and bike connections, drainage infrastructure, street and infrastructure
maintenance needs, and normal operating needs of the City including s now
removal.
Staff findings: The proposed access easement provides the legal means
necessary to accommodate emergency vehicles to the subject parcel if
needed. However, no development is proposed on Lot 1D so issues related
to traffic circulation, traffic control, pedestrian and bike connections are not
applicable at this time. Staff finds this criterion to be not applicable.
5. For all new rights -of-way and physical changes to existing rights -of-way, the
applicant shall design and construct the proposed right -of-way improvements
according to the design and construction standards of the City Engineer. Upon
completion, the right-of-way improvements shall be subject to inspection and
acceptance by the City Engineer. The City may require a performance
warranty. The requirements of this crit erion shall be reflected in a
Development Agreement.
Staff findings: Pending submission of a subsequent application for
development, all Engineering standards related to right -of-way improvements
shall be met. Staff finds this criterion to be not applicable.
6. For partial or full vacation of existing rights -of-way, the applicant shall
demonstrate the right -of-way, or portion thereof, has no current or future use
to the community as a vehicular way, pedestrian or bike way, utility corridor,
drainage corridor, or recreational connection due to dimensions, location,
topography, existing or proposed development, or other similar
circumstances. The City shall consider whether the interests of the applican t
and the City can be achieved through a "closure" of the right -of-way.
531
Exhibit B
Subdivision – Major Subdivision Review Standards
Page | 5
Staff findings: There is no request to vacate any existing right -of-way. Staff
finds this criterion to be not applicable.
7. A Right-of-Way Dedication/Vacation Plat shall be reviewed and recorded in
the office of the Pitkin County Clerk and Recorder, pursuant to Chapter
26.490—Approval Documents. The plat shal l demonstrate how the lands
underlying vacated rights -of-way shall accrue to adjacent parcels in
compliance with State Statute.
Staff findings: The application includes a public access easement over and
across the adjacent Lumberyard facility to the subject Lot. Pending approval
of this application, the easement will be recorded with the Pitkin County Clerk
and Recorder. Additional plats may be required related to traffic circulation,
and pedestrian/bicycle access when an application is reviewed for
development. Staff finds this criterion to be met.
8. A Development Agreement shall be reviewed and recorded in the office of the
Pitkin County Clerk and Recorder, pur suant to Chapter 26.490—Approval
Documents. This requirement may be waived if no right -of-way construction
is proposed.
Staff findings: No development is proposed in this application. Pending a
submission of an application to develop the subject parcel, a Development
Agreement will be required. Staff finds this criterion to be not applicable.
532
Exhibit C | AVLT Letter & Entitlement Docs
533
1/4 CORNERSECTIONS 2 & 3BASIS OF BEARINGSN06°10'49"E 405.16'N00°56'31"E 384.58'N13°24'49"W 353.97'N01°12'21"E 262.21'N01°18'42"W 424.76'L1 L2 L3S04°36'37"W 256.49'S89°34'15"E 783.89'S08°51'05"E137.75'S04°46'29"W 416.
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L12S81°14'33"E 292.32'L13L14L15L16L17L18 L19L20L21L22L23L24L25L26L27L28C1L29L30 L31L32L33L34L35L36L37L38L39L40C2L41C3L42L43L44L45L46L47 S21°06'15"W212.45'107.08'S43°52'02"WS36°33'25"W77.36'101.35'S37°44'34"WS32°57'19"W93.37'S07°12'04"W88.69'370.54'54.22'S83°27'37"W92.37'S86°00'00"E 399.29'87.68'311.61'S85°24'43"E197.81'S86°12'00"E129.53'L48OWNERCITY OF ASPENLOT 5 PARK TRUST EXEMPTIONOWNERCITY OF ASPENTRACT 2ANNIE MITCHELLHOMESTEADOWNERCITY OF ASPENLOT1-BLK 1AABCOWNERMNT RESCUEASPENCHARITABLETRUSTOWNER
CITY OF ASPEN
LOT 2A - BURLINGAME RANCHOWNERBURLINGAME HOUSING INCLOT 2- BURLINGAME RANCH60' PU
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6UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205HOLY CROSS EASEMENT& RIGHT-OF-WAYBOOK 242 PAGE 834HARM
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DHARMONYROADSTAGE ROADPAEPCKE DRIVE
COLORADO STATE HIGHWAY NO. 82 LOT 1D3.566±ACRESLOT 1A69.670±ACRESOWNER
SOLDNER FAMILY LP LLLP
SOLDNER FAMILY
PARTNERSHIP LLLP
SUBDIVISION FOUND REBAR &1-1/4" YELLOWPLASTIC CAPLS9184FOUND REBAR &2" ALUMINUM CAPLS27936FOUND REBAR &1-1/2" ALUMINUM CAPLS33645FOUND REBAR &1-1/4" YELLOWPLASTIC CAPLS9184FOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5 REBARFOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5 REBARFOUND NO. 5 REBARFOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5REBARSFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND PK NAILFOUNDPK NAIL6' WITNESS CORNERSET REBAR & 1-1/4" BLUEPLASTIC CAPWC TNC PLS38215FOUNDPK NAILSFOUNDPK NAIL25' WITNESS CORNERSET REBAR & 1-1/4" BLUEPLASTIC CAPWC TNC PLS3821510' WIDE HOLY CROSSUNDERGROUNDELECTRIC EASEMENTRECEPTION NO. 442189ACCESS EASEMENTRECEPTIONNO. ________________FOUND REBAR & 2" ALUMINUM CAP LS27936 BDANDCOORFREVIEWPURPOSE STATMENT: THE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOT 1A, AND TO CREATE LOT 1DSECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOBURLINGAME RANCH LOT 1A TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE:October 6, 2022DRAWNRPKSURVEYEDGBL-DJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY150'75'300'SCALE: 1" = 150'N0CURVERADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLEC1 480.00'254.03'251.08'N 47°20'17" W30°19'23"LINE BEARING DISTANCEL1N 04°07'37" E147.33'LINE DATA TABLECURVE DATA TABLENOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.FOUND COLORADO DEPARTMENT OF TRANSPORTATIONMONUMENT A 3-1/4" ALUMINUM CAP STAMPED LS31551SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAPTNC PLS38215 (UNLESS OTHERWISE NOTED)SET NAIL & 1-1/2" ALUMINUM TAG TNC PLS38215C2 30.00'21.24'20.80'S 45°27'04" E 40°33'46"C3 440.00'210.79'208.78'S 52°00'29" E 27°26'55"L2N 11°00'38" W110.99'L3S 85°52'33" E17.76'L4N 84°27'15" E92.93'L5N 33°44'31" E135.20'L6S 18°16'53" E80.12'L7S 00°30'22" E8.53'L8S 34°04'47" W120.81'L9S 26°19'05" W77.77'L10S 40°00'43" W41.85'L11S 00°06'52" W101.07'L12S 81°14'33" E52.75'L13S 05°34'14" W48.76'L14N 87°21'40" W81.12'L15N 86°51'01" W105.68'L16N 87°00'55" W142.90'L17N 86°23'45" W67.69'L18N 09°38'37" W26.19'L19N 47°42'50" W15.27'L20N 58°22'32" W131.07'L21N 68°23'10" W39.52'L22N 74°55'41" W94.37'L23N 77°52'32" W203.37'L24N 72°11'56" W50.28'L25N 63°18'22" W79.11'L26N 55°13'05" W36.91'L27N 53°46'07" E21.70'L28N 26°18'34" E8.89'L29N 64°24'39" W46.80'L30N 24°14'05" E70.74'L31N 15°11'28" W125.79'L32N 20°37'56" W146.36'L33N 33°56'32" W44.04'L34N 40°56'06" W157.43'L35S 83°00'21" W170.00'L36S 53°24'26" W88.79'L37S 20°58'24" W92.20'L38S 25°25'08" E246.42'L39N 64°39'37" E27.93'L40S 25°10'11" E10.07'L41S 65°43'57" E333.22'L42N 57°21'45" W72.50'L43N 61°13'50" W70.17'L44N 63°44'04" W328.51'L45S 42°51'11" W2.56'L46N 63°44'32" W37.67'L47N 59°26'59" W182.67'L48S 22°43'37" E29.10'AMENDED FINAL PLATVICINITY MAPSITENOTES:5. THIS AMENDED PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTHCOLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAYAND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLECOMMITMENT NO. 0707563-C ISSUED BY TITLE COMPANY OF THE ROCKIES, EFFECTIVEDATE: JANUARY 28, 2022.6. A PORTION OF LOT 1A IS SUBJECT TO AVLT CONSERVATION EASEMENT RECORDED INRECEPTION NO.____________________.SURVEYOR'S STATEMENTPERFORMED UNDER MY SUPERVISION ANDRESPONSIBLE CHARGE AND THAT THIS SURVEY MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SETFORTH IN C.R.S. SECTION 38-51-106 AND IS TRUE AND CORRECT TO THE BEST OF MY BELIEF ANDKNOWLEDGE.CITY COUNCIL APPROVALCITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATETHIS AMENDED PLAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPENLAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS ________ DAY OF __________________, 20________, TO THEEXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TOTHIS PLAT OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USEREGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL.BY:_____________________________________________________________________________PHILLIP SUPINO - COMMUNITY DEVELOPMENT DIRECTORCLERK AND RECORDER'S CERTIFICATECERTIFICATE OF OWNERSHIPKNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED THE CITY OF ASPEN BEING THE SOLE OWNER INFEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, SHOWN ON THIS AMENDED PLAT ANDDESCRIBED AS FOLLOWS:CONTAINING A TOTAL OF 73.236 ACRES, MORE OR LESS, DO HEREBY EXECUTE AND RECORD THIS AMENDED PLAT.EXECUTED THIS_________________ DAY OF ___________________________, A.D., 20_______.OWNER:CITY OF ASPEN130 S.GALENA STREETASPEN, CO 81611BY:________________________________________________________________ MAYORSTATE OF COLORADO ) )ssCOUNTY OF PITKIN)THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF_____________________________, 20_____, BY ____________________________________, AS ___________________ OF THE CITY OFASPEN.MY COMMISSION EXPIRES:_____________________________________________WITNESS MY HAND AND SEAL____________________________________________________________________________NOTARY PUBLICTITLE CERTIFICATEI, __________________________________________ AN AGENT AUTHORIZED OF TITLE COMPANY OF THE ROCKIES, DO HEREBYCERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS AMENDED PLAT AND THAT TITLE TOSUCH LANDS IS VESTED IN THE CITY OF ASPEN IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDINGMORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THEREAL PROPERTY IN THIS MAP), EXCEPT AS SET FORTH IN THE COMMITMENT NO. 0707563-C DATED: JANUARY 28, 2022.DATED THIS___________DAY OF______________________________________, A.D., 20_____TITLE COMPANY OF THE ROCKIES620 EAST HOPKINS AVENUEASPEN, CO 81611BY;_____________________________________________________________________AUTHORIZED AGENTCITY OF ASPEN ENGINEER'S REVIEWTHIS AMENDED PLAT WAS REVIEWED FOR DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.DATED THIS___________DAY OF______________________________________, A.D., 20_____BY;_____________________________________________________________________TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEERFOUND REBAR & 1-1/4" RED PLASTIC CAPSGM LS20133 (UNLESS OTHERWISE NOTED)Exhibit C | AVLT Letter & Entitlement Docs534
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POINT OFBEGINNINGN85°58'55"E 886.20'(TIE)WEST 1/4 CORNERSECTION 2NW CORNERSECTION 2LOT 1PARCEL 2PARK TRUSTEXEMPTIONRECEPTION NO. 515995RAILROADRIGHT-OF-WAYEXEMPTIONRECEPTION NO. 515995LOT 1ABURLINGAMERANCHRECEPTION NO. 515997150'EASTERLY RIGHT-OF-WAY COLORADO STATE HIGHWAY NO. 82
LOT 2ABURLINGAMERANCHRECEPTION NO. 515997BURLINGAMERANCH AFFORDABLEHOUSING FILING NO. 11ST AMENDMENTRECEPTION NO. 522859SOUTH AREARECEPTION NO. 598456NORTH AREARECEPTION NO. 598456ANNIEMITCHELLHOMESTEADRECEPTION NO. 504392RED BUTTE RANCHCONSERVATIONPARCEL CRED BUTTE RANCHCONSERVATIONPARCEL BHARMONY ROADLOT 2BURLINGAMERANCHSTAGE ROAD60' AC
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T CONSERVATIONEASEMENT83.517± ACRESPROPOSEDLOT 1DSURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY TRUE NORTH COLORADO,LLC. FOR ASPEN VALLEY LAND TRUST AND THE CITY OF ASPEN, THAT SAID EASEMENT EXHIBIT WAS PREPARED BYME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OFMY BELIEF AND KNOWLEDGE.ORFREVI
EWAVLT LOT 1A, BURLINGAME RANCH & LOT 1, PARCEL 2, PARK TRUST EXEMPTION MAPSITUATED IN SECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOEASEMENT EXHIBITAVLT CONSERVATION EASEMENT IN GROSS TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE: April 14, 2022DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY40'20'80'SCALE: 1" = 200'NDESCRIPTION OF CONSERVATION EASEMENT IN GROSS:0LINE BEARING DISTANCEL1N 47°19'02" W58.30'LINE DATA TABLENOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.L2N 63°31'43" W37.01'L3N 32°57'04" W28.62'L4N 03°49'29" W57.21'L5N 44°01'29" W34.45'L6N 01°29'44" E65.10'L7N 24°26'33" W45.02'L8N 07°24'27" W65.00'L9N 02°52'59" W92.03'L10N 01°05'50" W93.91'L11N13°29'14" E46.27'L12N 18°30'47" E51.25'L13N 38°33'07" E44.21'L14N 52°09'50" E40.44'L15N 37°29'25" E51.00'L16N 16°25'17" E55.15'L17N 05°18'35" E211.74'L18N 03°58'53" E159.10'L19N 10°02'39" W66.42'L20N 12°15'27" W79.46'L21N 24°17'49" W51.02'L22N 17°46'51" W242.75'L23N 10°51'59" W77.99'L24N 35°19'21" W15.54'L25N 15°59'07" W94.06'L26N 03°58'21" E55.94'L27N 24°08'39" W36.05'L28N 18°20'17" W25.19'L29N 00°24'43" E27.35'L30N 24°19'20" E56.94'L31N 33°50'33" E28.09'L32N 07°43'35" E33.79'L33N 31°57'52" E49.10'L34N 25°20'39" E32.71'L35N 09°42'31" E31.73'L36N 01°33'12" W31.29'L37N 74°35'21" E25.89'L38S 41°18'02" E36.96'L39S 83°42'01" E23.34'L40S 53°14'06" E81.31'L41S 59°53'26" E49.11'L42S 77°52'34" E37.47'L43S 50°41'06" E106.44'L44S 45°16'36" E36.67'L45S 69°35'40" E28.31'L46S 43°43'05" E34.90'L47S 52°26'43" E33.03'L48S 58°08'19" E43.53'L49S 28°48'00" E65.76'L50S 21°31'35" E40.42'L51S 19°02'18" E73.28'L52S 07°11'09"E 40.51'L53S 22°56'10" E53.92'L54S 05°41'50" E37.97'L55S 08°48'42" W23.50'L56S 48°06'39" E22.86'L57S 37°29'24" E23.09'L58N 88°20'52" E23.60'L59S 82°59'34" E14.47'L60S 24°16'44" E46.42'L61S 35°06'34" E43.42'L62S 20°13'20" E50.36'L63N 04°08'50" E99.86'L64N 88°27'47" W106.43'L65S 02°21'37" W2.90'L66S 32°57'19" W13.58'L67S 13°24'49" E59.44'L68N53°24'26" E17.28'L77N 53°46'07" E20.90'L78N 22°43'37" W7.00'L79S 33°44'31" W135.20'L80S 84°27'15" W92.93'L81N 22°29'54" W79.80'CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLECURVE DATA TABLEC2 369.21'169.06'167.59'S 67°22'34" E 26°14'07"C3 280.00'59.30'59.19'N 19°58'18" E 12°08'07"L76S 26°18'34" W8.89'L75S 64°24'39" E46.80'L74S 24°14'05" W70.74'L73S 15°11'28" E125.79'L72S 20°37'56" E146.36'L71S 33°56'32" E44.04'L70S 40°56'06" E157.43'L69N 83°00'21" E170.00'C1 480.00'254.03'251.08'S 47°20'17" E 30°19'23"Exhibit C | AVLT Letter & Entitlement Docs535
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 1
January 24, 2022
City of Aspen Burlingame Affordable Housing Project Team
C/O: Chris Everson (City of Aspen) & Jason Jaynes (DHM Design)
130 South Galena St.
Aspen, CO 81611
RE: Easement Correction Process for Amcord / Burlingame East “Triangle Parcel”
To Whom it May Concern:
As you are aware, a portion of the Amcord / Burlingame East property also referred to as the Deer Hill
Open Space (the “Property”) is encumbered by a perpetual conservation easement, granted to Aspen
Valley Land Trust (AVLT) recorded in Pitkin County on June 30, 2003, at Reception Number 484728
(the “Easement”), and corrected on April 14, 2009 at Reception Number 558008 (the “2009 Correction).
The purpose of this letter is to outline the necessary steps for recording a final correction to the
Easement in order to correct the legal description and identify the exact areas that have been excluded
from the Easement for development of the Burlingame Affordable Housing Project.
Background
The stated purpose of the Easement is to “assure that the Property will remain forever predominantly in
its open space, natural habitat and recreational condition subject to the uses of the Property permitted
hereunder, and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property and, in the event of their degradation or destruction, to restore
such Conservation Values of the Property.”
The 2009 Correction then identified three areas to be excluded from the Easement for the purpose of
developing the Burlingame Affordable Housing Projects. The 2009 Correction additionally established
"the Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes the
Burlingame Ranch Affordable Housing Project and completes the development of affordable housing on
the '150 foot wide strip or to the toe of the slope' parcel.” (The '150 foot wide strip or to the toe of the
slope' parcel will be referred to as the “Triangle Parcel” for the purposes of this letter.)
Process
While the 2009 Correction calls for the City of Aspen (the “City”) to “provide the Trust a legal
description of the property for the affordable housing project contemplated for that parcel within thirty
(30) days of the completion of the Burlingame Affordable Housing Project,” AVLT believes that it may
be in the best interest of all involved parties to record the updated correction as soon as soon as
Exhibit C | AVLT Letter & Entitlement Docs
536
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 2
practicable. At a minimum, the updated correction must be recorded before any final subdivision of the
triangle parcel from the main Amcord parcel may occur.
As such, AVLT staff has identified the following process for recording an updated correction to the
Easement, allowing the Burlingame Affordable Housing Project development and any associated land
use actions such as subdivision to proceed:
1) Provide legal descriptions and surveys. The City and partners will provide AVLT staff with
surveys and written legal descriptions for the Annie Mitchel Housing Project, the existing
Burlingame Housing Project, and the Triangle Parcel Burlingame Housing Project. AVLT may
also request that the City provide a survey and legal description of the updated Easement area
that excludes the three parcels. AVLT will then reference these surveys with the 2009 Correction
and provide preliminary approval of the surveys via email.
2) AVLT Board Resolution. AVLT staff will present the AVLT board with the necessary
information and request a Board Resolution approving an updated correction to the Easement.
This resolution would potentially include the provided surveys and legal descriptions, as well as
a draft copy of the updated Correction. This draft Correction language will be developed by
AVLT staff and counsel, and refined with the City and partners as needed.
3) Record updated Correction to the Easement. AVLT Staff will then work with the City and
partners to record the updated Correction to the Easement.
After the updated Correction is recorded, the City may begin development work and subdivision in the
Triangle Parcel as established by the 2009 Correction, without further approval or interaction with
AVLT or the Easement.
Thank you for working closely with our team as we together through this process. Please don’t hesitate
to contact me below with any questions or concerns.
Sincerely,
Bud Tymczyszyn, AICP (tim-chiz-in)
Conservation Easement Specialist
Aspen Valley Land Trust
bud@avlt.org
909-499-5038 (cell)
Exhibit C | AVLT Letter & Entitlement Docs
537
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, May 10, 2022 1:35 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for checking in, and sorry for the delay. We were out part of last week on a team trip, and I'm
dealing with some sick days right now. Unfortunately I won't be able to get you an updated memo until
next week, but you can go ahead and use the January memo and my email below for the subdivision
application if that still works for you.
I'm hoping to take some time to write up the draft Correction for the CE later this week / early next, so
hopefully we'll have that to start sharing with you all soon. I'm also working on a little memo that outlines
all the prior land use moves and background related to this so our board can have some history, and we
can have that to refer to in the future should we need. If you're game, I might call you later this week or
next to ask you a couple clarifying questions to help with this.
Our June board meeting has moved and is no longer on the 15th, but is still happening in June. I'll keep
you posted on the date in case that changes anything for you guys.
Thanks Jason! Let me know if I'm missing anything here-- don't want to leave you hanging!
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit C | AVLT Letter & Entitlement Docs
538
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, April 26, 2022 3:42 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Cc: Bob Schultz <rschultzconsulting@gmail.com>; Christopher Everson <chris.everson@aspen.gov>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for sending this over. Having this singular survey with all of the housing exclusions shown is
exactly what we needed to move forward to the next step. Keep us posted as the final verification come
through, otherwise we'll work from this and assume it should pretty closely reflect the final. I think it was a
good call adding the 150' from the ROW into the excluded area too-- I imagine our board will like that this
essentially maxes out the final reserved right from the easement and will be the final amendment.
Now that we have the survey, our next steps are (a) AVLT staff review, (b) AVLT will develop a draft final
amendment to the CE, (c) work with City and parners to refine, (d) bring to AVLT Board for resolution
June 15th. If helpful, I'm happy to update the previous memo to reflect this for the subdivision application.
Let me know if and when you would like that and I can put something together. Also happy to hop on the
phone if there are any questions about the rest of the AVLT board process outlined here.
Thanks Jason! We'll have more for you soon after our team reviews the survey / LD.
Best,
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit C | AVLT Letter & Entitlement Docs
539
100' WIDE GREENBELT
PLAT BOOK 7 PAGE 79 LOT 2-BLOCK 1
OWNER
MOUNTAIN RESCUE ASPEN
CHARITABLE TRUST
PARCEL NO. 273503100045
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79
LOT 1-BLOCK 1
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79ASPEN ROAD60' WIDE PRIVATEPLAT BOOK 7 PAGE 79SW CORNER
LOT 1-BLOCK 1
FOUND #5 REBAR &
1-1/4" YELLOW PLASTIC
CAP LS9184
LOT 1A
BURLINGAME RANCH
PLAT BOOK 75 PAGE 46COLORADO STATEHIGHWAY NO. 82S86°46'00"E 202.82'
N86°46'00"W
153.93'S03°14'00"W 296.97'N03°14'00"E 247.97'Δ90°00'00"
L=45.55'
R=29.00'
CH=N41°46'00"W
41.01'20.00'20.00'
N86°08'06"WN03°32'40"E17.06'
POINT OF
BEGINNINGACCESS EASEMENT ~ 9,777± SQ.FT. ASPEN AIRPORT BUSINESS CENTER FILING NO. 1
SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
ACCESS EASEMENT
A STRIP OF LAND SITUATED IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO; SAID STRIP OF LAND LYING WITHIN THE AMENDED AND RESTATED PLAT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 RECORDED IN
PLAT BOOK 7 AT PAGE 79 IN THE PITKIN COUNTY RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID ASPEN AIRPORT BUSINESS CENTER FILING NO. 1; THENCE S86°08'06"E ALONG THE
SOUTH LINE OF SAID LOT 1 A DISTANCE OF 17.06 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE N03°14'00"E A DISTANCE OF
247.97 FEET; THENCE 45.55 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29.00 FEET AND A CHORD THAT BEARS N41°46'00"W A DISTANCE OF
41.01 FEET; THENCE N86°46'00"W A DISTANCE OF 153.93 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82;
THENCE N03°32'40"E ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EAST LINE S86°46'00"E A DISTANCE OF 202.82 FEET; THENCE
S03°14'00"W A DISTANCE OF 296.47 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE N86°08'06"W ALONG SAID SOUTH LINE A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 9,777 SQUARE FEET MORE OR LESS.
PROJECT NO: 2021-372
DATE: January 24, 2022
DRAWN
RPK
SURVEYED
GBL
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
N
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
SCALE: 1" = 50'
ACCESS EASEMENT
Exhibit C | AVLT Letter & Entitlement Docs
540
Exhibit D | P&Z Resolution #13, Series of 2022
P&Z Resolution #13, Series of 2022
Page 1 of 3
RESOLUTION #13
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL FOR A MAJOR SUBDIVISION FOR THE
PROPERTY LEGALLY DESCRIBED AS LOT 1A, FINAL SUBDIVISION PLAT OF
LOT 1A, BURLINGAME RANCH, ACCORDING TO THE FINAL PLAT THEREOF,
RECORDED OCTOBER 10, 2005, IN BOOK 75 AT PAGE 46 AT RECEPTION NO.
515997, COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID: 2735-031-00-805
WHEREAS, the Community Development Department received an application from the City
of Aspen, 427 Rio Grande Pl. Aspen, CO 81611 c/o Sara Ott, City Manager, requesting approval
for a Major Subdivision for the property located at Burlingame Lot 1A; and,
WHEREAS, the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Director recommended approval of the Major Subdivision; and,
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, reviewed and considered the recommendation of the Community Development Director
and took and considered public comment at a duly noticed public hearing on September 20, 2022;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal meets the applicable review criteria and that approval of the request is consistent with the
goals and objectives of the Land Use Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare, and,
WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #13,
Series of 2022, by a five to zero (5-0) vote, granting approval of the Major Subdivision as identified
herein.
541
Exhibit D | P&Z Resolution #13, Series of 2022
P&Z Resolution #13, Series of 2022
Page 2 of 3
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Major Subdivision:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Planning and Zoning Commission hereby approves the request for a Major Subdivision to
subdivide Lot 1A to create resulting parcel Lot 1A and Lot 1D, subject to the following conditions:
1. 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. No Development
Agreement is required at this time.
2. The Subdivision Plat shall represent the access easement serving Lot 1D and the easement
shall be recorded with the Pitkin County Clerk and Recorder’s Office.
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 Planning and Zoning Commission, are hereby incorporated in such site development
approvals and the same shall be complied with as if fully set forth herein, unless amended by an
authorized entity.
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 deemed a
separate, distinct, and independent provision and shall not affect the validity of the remaining portions
thereof.
APPROVED by the Commission at its meeting on September 20, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
___________________________________ ________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
542
Exhibit D | P&Z Resolution #13, Series of 2022
P&Z Resolution #13, Series of 2022
Page 3 of 3
ATTEST:
____________________________
Cindy Klob, Records Manager
543
Burlingame Triangle Parcel Major Subdivision
Burlingame Subdivision: Lot 1A
Parcel: 273503100805
Prepared for:
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Prepared by:
Robert Schultz Consulting, LLC
354 Fawn Dr.
Carbondale, CO 81623
May 2022
Exhibit D | Application
544
Burlingame Triangle Subdivision May 2022 2
Introduction
Subdivision
The City of Aspen acquired 220+ acres from the Paepcke Trust
in 1997 for affordable housing and conservation. The land was
subsequently subdivided to create the Burlingame Ranch
Subdivision, which includes the subject parcel of this
application, Lot 1A.
While most of the Lot 1A parcel is intended for conservation,
portions, including a triangle of land at the base of Deer Hill
proposed as new Lot 1D, were identified for meeting housing
or other needs for the community.
The Burlingame Subdivision only described the boundary of
the triangle in general terms. Specifically, several documents,
including the City of Aspen Pre-Annexation Agreement
(Reception #515868) and the 2009 Conservation Easement
Correction Deed (Reception #558008) describe the area in a
similar manner, as:
“a 150 foot wide strip or to the toe of the slope
(whichever is wider) of the Burlingame Ranch which
adjoins Highway 82”.
The Conservation Easement anticipated that the exact boundary would be resolved, and the
easement boundary corrected to exclude the triangle property later. This application defines
that boundary between conservation and other community uses. The Plat to create the new
triangle parcel, Lot 1D, is displayed in Attachment A and below.
Since the lot split
process can only be
used once for a
“fathering parcel”,
the current
subdivision will be
processed as a
Major Subdivision
even though no
development is
being approved at
this time.
Exhibit D | Application
545
Burlingame Triangle Subdivision May 2022 3
Exhibit D | Application
546
Burlingame Triangle Subdivision May 2022 4
At this time, the City applies to subdivide the +/- 73.236-acre Lot 1A parcel into revised Lot 1A
that will be 69.67 acres and a new Lot 1D that will be 3.566 acres. Lot 1D is the land previously
envisioned for housing. While this action does not include any proposed development, the City
acknowledges that there will be a master plan for housing at this property and the City-owned
properties north of this site in the future.
The triangle area currently does not include any structures but hosts a section of the AABC trail
and a spur trail to Annie Mitchell homes. The AABC trail provides an important 3-mile link for
bicycle and pedestrian commuting and recreation between downtown Aspen and the Aspen
Airport Business Center.
The parcel that is now the Annie Mitchell housing was previously part of an original Lot 1 and a
lot split was used to advance that affordable housing project. Since the lot split process can only
be used once for a “fathering parcel”, the current subdivision will be processed as a Major
Subdivision even though no development is being approved at this time.
Lot 1D includes +/- 155,335 square feet of land. +/-144,455
square feet of that land was zoned RR in 1999 (Reception
#437962). The remaining +/- 10,930 square feet is currently
zoned Conservation (C). The new Lot 1D will include both
current zoning designations until a future housing plan is
approved that includes rezoning. The current lot 1A also
includes two zone districts.
Code Section 26.480.040 (c) calls for a single zone district to
be applied on any new parcels “unless unique circumstances
dictate”. We believe that the fact that a master plan for
housing on this and adjacent City parcels is being developed
at this time and that plan will likely require rezoning from
either the RR or C zone district is the unique circumstance that justifies leaving the existing
zoning in place at this time. City staff agrees with this approach. Zoning on the triangle parcel is
intended to be a “holding zone” until a master plan is completed and approved.
This subdivision is an important step toward planning for the entire assemblage of land and the
ultimate redevelopment of the properties. At the appropriate time, a land use plan will be
submitted to the City for development of affordable housing.
Conservation Easement
A separate document, developed in consultation with the Aspen Valley Land Trust, provides a
legal description of the conservation easement and that document will be recorded as well. The
conservation area also includes land that is not in Lot 1A. While not the subject of this
application, the information is provided as background since both land conservation and
affordable housing are both important community values.
This subdivision is
an important step
toward planning for
the entire
assemblage of land
and the ultimate
redevelopment of
the properties.
Exhibit D | Application
547
Burlingame Triangle Subdivision May 2022 5
During 2020, a surveyor was enlisted to provide more detailed topographic information to
identify a reasonable “toe of slope” border and proposed boundary for a new Lot 1D. The
property was staked by the surveyor to identify the proposed boundary. Last fall, the project
team, City staff, and staff from the Aspen Valley Land Trust (AVLT) met at the site to review the
draft boundary. The goal has been to create a boundary that both the City and AVLT believe is
consistent with previous agreements.
AVLT and City staffs found the proposed boundary consistent with those agreements and the
application under review is based on that concurrence. The AVLT Board is scheduled to act on
approval of the boundary at their June meeting. See Attachment J for more information. The
conservation easement boundary is identified in Attachment B. In total, about 83.5 acres are
permanently conserved. The conservation easement boundary is displayed in Attachment B and
below.
Resolving the boundary of Lot 1D will facilitate planning efforts for the larger future housing
plan by proving a clear definition of the southern end of the property. Establishing a clear
boundary for the Conservation Easement will make enforcing the provisions of the Easement
and Management Plan more effective for the Aspen Valley Land Trust.
Exhibit D | Application
548
Burlingame Triangle Subdivision May 2022 6
City of Aspen Land Use Code- Subdivision
Compliance with Sec. 26.304.030 (a) General
Response: See this application and attachments for all information required. Also See
Attachments H, I, and J.
Compliance with Sec. 26.304.030 (b.1) Representation
Response: See this application and attachments for all information required. See
Attachments H.
Compliance with Sec. 26.304.030 (b.2) Parcel ID
Response: See first page of this application. Parcel ID is 273503100805.
Compliance with Sec. 26.304.030 (b.3) Ownership
Response: A title commitment is provided as Attachment E.
Compliance with Sec. 26.304.030 (b.4) Vicinity Map
Response: A vicinity map is Attachment D.
Compliance with Sec. 26.304.030 (b.5) Site Plan
Response: A site plan is Attachment F; no new development is proposed.
Compliance with Sec. 26.304.030 (b.6) Site Improvements
Response: The requirement is requested to be waived, however the topographic and
improvements are displayed on Attachment F. The site is covered with sage and brush in both
Lot 1A and 1D. Lot 1D will be subject to a conservation easement and Lot 1D is not proposed
for development in this application. The existing concrete trails will continue to be used. The
dominant feature of Lot 1A is Deer Hill. Lot 1D begins at the toe of the slope of Deer Hill. The
general condition of the site is displayed in the Google Earth image below.
Exhibit D | Application
549
Burlingame Triangle Subdivision May 2022 7
Exhibit D | Application
550
Burlingame Triangle Subdivision May 2022 8
Compliance with Sec. 26.304.030 (b.7) Written Description
Response: This document is our response to this requirement.
Compliance with Sec. 26.304.030 (b.8) Additional Information
Response: The resolution of the boundary of the conservation easement was requested and
Attachment B addressed that request.
Compliance with Sec. 26.304.035 Neighborhood Outreach
Response: Outreach to neighbors and the community at-large has been ongoing over the
previous two years regarding the ultimate affordable housing plan and steps needed to
achieve that goal. This annexation and zoning are a logical step toward that future housing
plan, but the housing plan will be a separate, future application. The City of Aspen Public
Record includes reports on the affordable housing project outreach that was presented in
public City Council meetings.
In October 2021, an email update with project information, including this subdivision
request, was sent to more than 300 participants in previous project outreach events who
expressed interest in project updates as well as the City’s email list. In addition, two public
outreach events were held on December 9 to continue outreach regarding project progress,
including the annexation and initial zoning of the property. Individual outreach has also
been employed during the ongoing public outreach to specific stakeholders.
A project website at www.aspenlumberyard.com was used during the previous phase of
work and information is currently being shared at:
https://www.aspencommunityvoice.com/lumberyard.
That site provides information on the overall planning for future housing as well as the
annexation. There are opportunities for feedback as well as information about upcoming
input opportunities and summaries of previous public comments.
Finally, mailed public notice will be sent to property owners in an area far greater than
that required by the land use code. Notice will include residences in the North Forty and
Burlingame neighborhoods, which are outside of the required boundary.
Compliance with Sec. 26.480.040 (a) Access to Public Way
Response: Access to a public right of way and State Highway 82 are provided via access
easement across the City-owned lumberyard properties. Easements are included in this
application as Attachment C and would be recorded prior to the plat for this subdivision. The
easement is for a driveway access to the site since no development is proposed. In the future,
a housing plan will be proposed that will provide a more formal access plan, traffic study, and
road design information.
Compliance with Sec. 26.480.040 (b) Original Townsite
Response: Not Applicable as this property was not part of the original townsite.
Exhibit D | Application
551
Burlingame Triangle Subdivision May 2022 9
Compliance with Sec. 26.480.040 (c) Zoning Conformance
Response: The parcel contains two zone districts as explained above. Both the applicant and
City staff find that the circumstances are unique to the history of this property and the
intention to rezone the property in the future in conjunction with City-owned property to the
north for affordable housing. Conformance is afforded related to other zoning criteria.
Compliance with Sec. 26.480.040 (d) Existing Structures, Uses, Non-conformities
Response: The property does not currently include residential
or other structures. There are two public trails through the
property that will continue use. There are no known non-
conformities.
Compliance with Sec. 26.480.070 (a 1) General Standards
Response: Complied, see this application.
Compliance with Sec. 26.480.070 (a.2) Efficient Use of Land
Response: The subdivision allows for the future planning of affordable housing on a site long
planned for affordable housing. The subdivision also clarifies boundaries between conserved
lands and lands to be developed. Combined with the lumberyard and mini storage parcels, an
efficient land use plan can be developed for needed affordable housing. The subdivision also
resolves the final boundary for the conservation easement on the adjacent property.
Compliance with Sec. 26.480.070 (a.3) Preserves Geological Features, Vegetation, Structures
Response: No geological or vegetative features or structures on the property with historical
merit have been identified. This application will not authorize new construction at the site.
Compliance with Sec. 26.480.070 (a.4) Avoids Hazards
Response: The property boundary was intentionally set at the “toe of the slope” in
accordance with previous agreements to be on land that is not subject to geological hazards.
When a housing plan is developed, a soils study will be submitted for review.
Compliance with Sec. 26.480.070 (a.5) Engineering Design and Urban Runoff
Response: Not applicable, no development is proposed. A future housing plan will be
required to address these standards.
Compliance with Sec. 26.480.070 (a.6) Improve Public Infrastructure
There are two
public trails
through the
property that will
continue use.
Exhibit D | Application
552
Burlingame Triangle Subdivision May 2022 10
Response: Not applicable, no new public infrastructure is proposed at the site. A future
housing plan will be required to address this standard. The existing trails will continue use.
Compliance with Sec. 26.480.070 (a.7) Growth Management
Response: Not applicable, the subdivision does not include a proposal for development.
Compliance with Sec. 26.480.070 (a.8) School Land Dedication
Response: Not applicable, a future housing plan will need to address School Land Dedication.
Compliance with Sec. 26.480.070 (a.9) Subdivision Plat
Response: A Proposed plat is attached as Attachment A; upon approval it will be submitted to
the County Clerk and Recorder.
Compliance with Sec. 26.480.070 (a.10) Development Agreement
Response: Not applicable, no development is proposed. A future housing project would be
subject to a Development Agreement.
Compliance with Sec. 26.480.070 (b) Vehicular Rights-of-Way
Response: Not applicable, as the proposal is to serve a single parcel. Attachment C displays
access to the site.
Compliance with Sec. 26.480.80 (b) General Information
Response: This application and attached documents meet the Code requirements for
submission. The legal description and parcel identification information is listed on the cover
page. A Title Commitment is attached as Attachment E. A Vicinity Map is attached as
Attachment D. The proposed Plat is attached as Attachment A. Attachment F displays existing
trails and topographic information used to develop the proposed boundary of Lot 1A and Lot
1D to document that the “Toe of Slope” was used to identify the boundary per previous
agreements. The other requirements of this section were not applicable as no new
development is proposed.
Compliance with Sec. 26.480.80 (c)
Response: The review criteria are addressed in the above text and attached Exhibits.
Compliance with Sec. 26.480.80 (d)
Response: A draft Plat is attached as Attachment A.
Exhibit D | Application
553
Burlingame Triangle Subdivision May 2022 11
Compliance with Sec. 26.480.80 (e)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (f)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (g)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (h)
Response: Not applicable, no new development is proposed.
Compliance with Sec. 26.480.80 (i)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Compliance with Sec. 26.480.80 (j)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Compliance with Sec. 26.480.80 (k)
Response: Not applicable, no changes to vehicular rights of way are proposed.
Exhibit D | Application
554
Burlingame Triangle Subdivision May 2022 12
Schedule of Attachments
A- Draft Plat
B- Conservation Easement
C- Access Easement
D- Vicinity Map
E- Title Commitment
F- Existing Conditions
G- Pre-Application Conference Notes
H- Land Use Form
I- Fee Agreement
J- HOA Compliance Form
K- Aspen Valley Land Trust Letter
Exhibit D | Application
555
1/4 CORNERSECTIONS 2 & 3BASIS OF BEARINGSN06°10'49"E 405.16'N00°56'31"E 384.58'N13°24'49"W 353.97'N01°12'21"E 262.21'N01°18'42"W 424.76'L1 L2 L3S04°36'37"W 256.49'S89°34'15"E 783.89'S08°51'05"E137.75'S04°46'29"W 416
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6UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205UTILITY EASEMENTRECEPTION NO. 434205HOLY CROSS EASEMENT& RIGHT-OF-WAYBOOK 242 PAGE 834HARM
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DHARMONYROADSTAGE ROADPAEPCKE DRIVE
COLORADO STATE HIGHWAY NO. 82 LOT 1D3.566±ACRESLOT 1A69.670±ACRESOWNER
SOLDNER FAMILY LP LLLP
SOLDNER FAMILY
PARTNERSHIP LLLP
SUBDIVISION FOUND REBAR &1-1/4" YELLOWPLASTIC CAPLS9184FOUND REBAR &2" ALUMINUM CAPLS27936FOUND REBAR &1-1/2" ALUMINUM CAPLS33645FOUND REBAR &1-1/4" YELLOWPLASTIC CAPLS9184FOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5 REBARFOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5 REBARFOUND NO. 5 REBARFOUND REBAR &1-1/4" ORANGEPLASTIC CAPLS28643FOUND NO. 5REBARSFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND NO. 5 REBARFOUND PK NAILFOUNDPK NAIL6' WITNESS CORNERSET REBAR & 1-1/4" BLUEPLASTIC CAPWC TNC PLS38215FOUNDPK NAILSFOUNDPK NAIL25' WITNESS CORNERSET REBAR & 1-1/4" BLUEPLASTIC CAPWC TNC PLS3821510' WIDE HOLY CROSSUNDERGROUNDELECTRIC EASEMENTRECEPTION NO. 442189ACCESS EASEMENTRECEPTIONNO. ________________FOUND REBAR & 2" ALUMINUM CAP LS27936 BDANDCOORFREVIEWPURPOSE STATMENT: THE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOT 1A, AND TO CREATE LOT 1DSECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOBURLINGAME RANCH LOT 1A TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE:October 6, 2022DRAWNRPKSURVEYEDGBL-DJBSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY150'75'300'SCALE: 1" = 150'N0CURVERADIUSARC LENGTHCHORD LENGTHCHORD BEARINGDELTA ANGLEC1480.00'254.03'251.08'N 47°20'17" W30°19'23"LINEBEARINGDISTANCEL1N 04°07'37" E147.33'LINE DATA TABLECURVE DATA TABLENOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.FOUND COLORADO DEPARTMENT OF TRANSPORTATIONMONUMENT A 3-1/4" ALUMINUM CAP STAMPED LS31551SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAPTNC PLS38215 (UNLESS OTHERWISE NOTED)SET NAIL & 1-1/2" ALUMINUM TAG TNC PLS38215C230.00'21.24'20.80'S 45°27'04" E40°33'46"C3440.00'210.79'208.78'S 52°00'29" E27°26'55"L2N 11°00'38" W110.99'L3S 85°52'33" E17.76'L4N 84°27'15" E92.93'L5N 33°44'31" E135.20'L6S 18°16'53" E80.12'L7S 00°30'22" E8.53'L8S 34°04'47" W120.81'L9S 26°19'05" W77.77'L10S 40°00'43" W41.85'L11S 00°06'52" W101.07'L12S 81°14'33" E52.75'L13S 05°34'14" W48.76'L14N 87°21'40" W81.12'L15N 86°51'01" W105.68'L16N 87°00'55" W142.90'L17N 86°23'45" W67.69'L18N 09°38'37" W26.19'L19N 47°42'50" W15.27'L20N 58°22'32" W131.07'L21N 68°23'10" W39.52'L22N 74°55'41" W94.37'L23N 77°52'32" W203.37'L24N 72°11'56" W50.28'L25N 63°18'22" W79.11'L26N 55°13'05" W36.91'L27N 53°46'07" E21.70'L28N 26°18'34" E8.89'L29N 64°24'39" W46.80'L30N 24°14'05" E70.74'L31N 15°11'28" W125.79'L32N 20°37'56" W146.36'L33N 33°56'32" W44.04'L34N 40°56'06" W157.43'L35S 83°00'21" W170.00'L36S 53°24'26" W88.79'L37S 20°58'24" W92.20'L38S 25°25'08" E246.42'L39N 64°39'37" E27.93'L40S 25°10'11" E10.07'L41S 65°43'57" E333.22'L42N 57°21'45" W72.50'L43N 61°13'50" W70.17'L44N 63°44'04" W328.51'L45S 42°51'11" W2.56'L46N 63°44'32" W37.67'L47N 59°26'59" W182.67'L48S 22°43'37" E29.10'AMENDED FINAL PLATVICINITY MAPSITENOTES:5.THIS AMENDED PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTHCOLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAYAND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLECOMMITMENT NO. 0707563-C ISSUED BY TITLE COMPANY OF THE ROCKIES, EFFECTIVEDATE: JANUARY 28, 2022.6.A PORTION OF LOT 1A IS SUBJECT TO AVLT CONSERVATION EASEMENT RECORDED INRECEPTION NO.____________________.SURVEYOR'S STATEMENTPERFORMED UNDER MY SUPERVISION ANDRESPONSIBLE CHARGE AND THAT THIS SURVEY MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SETFORTH IN C.R.S. SECTION 38-51-106 AND IS TRUE AND CORRECT TO THE BEST OF MY BELIEF ANDKNOWLEDGE.CITY COUNCIL APPROVALCITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATETHIS AMENDED PLAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPENLAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS ________ DAY OF __________________, 20________, TO THEEXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TOTHIS PLAT OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USEREGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL.BY:_____________________________________________________________________________PHILLIP SUPINO - COMMUNITY DEVELOPMENT DIRECTORCLERK AND RECORDER'S CERTIFICATECERTIFICATE OF OWNERSHIPKNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED THE CITY OF ASPEN BEING THE SOLE OWNER INFEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN PITKIN COUNTY, SHOWN ON THIS AMENDED PLAT ANDDESCRIBED AS FOLLOWS:CONTAINING A TOTAL OF 73.236 ACRES, MORE OR LESS, DO HEREBY EXECUTE AND RECORD THIS AMENDED PLAT.EXECUTED THIS_________________ DAY OF ___________________________, A.D., 20_______.OWNER:CITY OF ASPEN130 S.GALENA STREETASPEN, CO 81611BY:________________________________________________________________ MAYORSTATE OF COLORADO ) )ssCOUNTY OF PITKIN)THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF_____________________________, 20_____, BY ____________________________________, AS ___________________ OF THE CITY OFASPEN.MY COMMISSION EXPIRES:_____________________________________________WITNESS MY HAND AND SEAL____________________________________________________________________________NOTARY PUBLICTITLE CERTIFICATEI, __________________________________________ AN AGENT AUTHORIZED OF TITLE COMPANY OF THE ROCKIES, DO HEREBYCERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS AMENDED PLAT AND THAT TITLE TOSUCH LANDS IS VESTED IN THE CITY OF ASPEN IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDINGMORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THEREAL PROPERTY IN THIS MAP), EXCEPT AS SET FORTH IN THE COMMITMENT NO. 0707563-C DATED: JANUARY 28, 2022.DATED THIS___________DAY OF______________________________________, A.D., 20_____TITLE COMPANY OF THE ROCKIES620 EAST HOPKINS AVENUEASPEN, CO 81611BY;_____________________________________________________________________ AUTHORIZED AGENTCITY OF ASPEN ENGINEER'S REVIEWTHIS AMENDED PLAT WAS REVIEWED FOR DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS.DATED THIS___________DAY OF______________________________________, A.D., 20_____BY;_____________________________________________________________________ TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEERFOUND REBAR & 1-1/4" RED PLASTIC CAPSGM LS20133 (UNLESS OTHERWISE NOTED)556
L1L2L3L4L5L6L7L8L9L10L11 L12
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POINT OFBEGINNINGN85°58'55"E 886.20'(TIE)WEST 1/4 CORNERSECTION 2NW CORNERSECTION 2LOT 1PARCEL 2PARK TRUSTEXEMPTIONRECEPTION NO. 515995RAILROADRIGHT-OF-WAYEXEMPTIONRECEPTION NO. 515995LOT 1ABURLINGAMERANCHRECEPTION NO. 515997150'EASTERLY RIGHT-OF-WAY COLORADO STATE HIGHWAY NO. 82
LOT 2ABURLINGAMERANCHRECEPTION NO. 515997BURLINGAMERANCH AFFORDABLEHOUSING FILING NO. 11ST AMENDMENTRECEPTION NO. 522859SOUTH AREARECEPTION NO. 598456NORTH AREARECEPTION NO. 598456ANNIEMITCHELLHOMESTEADRECEPTION NO. 504392RED BUTTE RANCHCONSERVATIONPARCEL CRED BUTTE RANCHCONSERVATIONPARCEL BHARMONY ROADLOT 2BURLINGAMERANCHSTAGE ROAD60' AC
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A
S
E
M
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N
T CONSERVATIONEASEMENT83.517± ACRESPROPOSEDLOT 1DSURVEYOR'S STATEMENTI, RODNEY P. KISER, DO HEREBY STATE THAT THIS EASEMENT EXHIBIT WAS PREPARED BY TRUE NORTH COLORADO,LLC. FOR ASPEN VALLEY LAND TRUST AND THE CITY OF ASPEN, THAT SAID EASEMENT EXHIBIT WAS PREPARED BYME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OFMY BELIEF AND KNOWLEDGE.ORFREVI
EWAVLT LOT 1A, BURLINGAME RANCH & LOT 1, PARCEL 2, PARK TRUST EXEMPTION MAPSITUATED IN SECTIONS 2 & 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PMCITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOEASEMENT EXHIBITAVLT CONSERVATION EASEMENT IN GROSS TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2021-372DATE: April 14, 2022DRAWNRPKSURVEYEDGBLSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY40'20'80'SCALE: 1" = 200'NDESCRIPTION OF CONSERVATION EASEMENT IN GROSS:0LINE BEARING DISTANCEL1N 47°19'02" W58.30'LINE DATA TABLENOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.L2N 63°31'43" W37.01'L3N 32°57'04" W28.62'L4N 03°49'29" W57.21'L5N 44°01'29" W34.45'L6N 01°29'44" E65.10'L7N 24°26'33" W45.02'L8N 07°24'27" W65.00'L9N 02°52'59" W92.03'L10N 01°05'50" W93.91'L11N13°29'14" E46.27'L12N 18°30'47" E51.25'L13N 38°33'07" E44.21'L14N 52°09'50" E40.44'L15N 37°29'25" E51.00'L16N 16°25'17" E55.15'L17N 05°18'35" E211.74'L18N 03°58'53" E159.10'L19N 10°02'39" W66.42'L20N 12°15'27" W79.46'L21N 24°17'49" W51.02'L22N 17°46'51" W242.75'L23N 10°51'59" W77.99'L24N 35°19'21" W15.54'L25N 15°59'07" W94.06'L26N 03°58'21" E55.94'L27N 24°08'39" W36.05'L28N 18°20'17" W25.19'L29N 00°24'43" E27.35'L30N 24°19'20" E56.94'L31N 33°50'33" E28.09'L32N 07°43'35" E33.79'L33N 31°57'52" E49.10'L34N 25°20'39" E32.71'L35N 09°42'31" E31.73'L36N 01°33'12" W31.29'L37N 74°35'21" E25.89'L38S 41°18'02" E36.96'L39S 83°42'01" E23.34'L40S 53°14'06" E81.31'L41S 59°53'26" E49.11'L42S 77°52'34" E37.47'L43S 50°41'06" E106.44'L44S 45°16'36" E36.67'L45S 69°35'40" E28.31'L46S 43°43'05" E34.90'L47S 52°26'43" E33.03'L48S 58°08'19" E43.53'L49S 28°48'00" E65.76'L50S 21°31'35" E40.42'L51S 19°02'18" E73.28'L52S 07°11'09"E 40.51'L53S 22°56'10" E53.92'L54S 05°41'50" E37.97'L55S 08°48'42" W23.50'L56S 48°06'39" E22.86'L57S 37°29'24" E23.09'L58N 88°20'52" E23.60'L59S 82°59'34" E14.47'L60S 24°16'44" E46.42'L61S 35°06'34" E43.42'L62S 20°13'20" E50.36'L63N 04°08'50" E99.86'L64N 88°27'47" W106.43'L65S 02°21'37" W2.90'L66S 32°57'19" W13.58'L67S 13°24'49" E59.44'L68N53°24'26" E17.28'L77N 53°46'07" E20.90'L78N 22°43'37" W7.00'L79S 33°44'31" W135.20'L80S 84°27'15" W92.93'L81N 22°29'54" W79.80'CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLECURVE DATA TABLEC2 369.21'169.06'167.59'S 67°22'34" E 26°14'07"C3 280.00'59.30'59.19'N 19°58'18" E 12°08'07"L76S 26°18'34" W8.89'L75S 64°24'39" E46.80'L74S 24°14'05" W70.74'L73S 15°11'28" E125.79'L72S 20°37'56" E146.36'L71S 33°56'32" E44.04'L70S 40°56'06" E157.43'L69N 83°00'21" E170.00'C1 480.00'254.03'251.08'S 47°20'17" E 30°19'23"Exhibit C | AVLT Letter and Entitlement Docs557
100' WIDE GREENBELT
PLAT BOOK 7 PAGE 79 LOT 2-BLOCK 1
OWNER
MOUNTAIN RESCUE ASPEN
CHARITABLE TRUST
PARCEL NO. 273503100045
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79
LOT 1-BLOCK 1
ASPEN AIRPORT BUSINESS CENTER
FILING NO. 1
PLAT BOOK 7 PAGE 79ASPEN ROAD60' WIDE PRIVATEPLAT BOOK 7 PAGE 79SW CORNER
LOT 1-BLOCK 1
FOUND #5 REBAR &
1-1/4" YELLOW PLASTIC
CAP LS9184
LOT 1A
BURLINGAME RANCH
PLAT BOOK 75 PAGE 46COLORADO STATEHIGHWAY NO. 82S86°46'00"E 202.82'
N86°46'00"W
153.93'S03°14'00"W 296.97'N03°14'00"E 247.97'Δ90°00'00"
L=45.55'
R=29.00'
CH=N41°46'00"W
41.01'20.00'20.00'
N86°08'06"WN03°32'40"E17.06'
POINT OF
BEGINNINGACCESS EASEMENT ~ 9,777± SQ.FT.ACCESS EASEMENT
ASPEN AIRPORT BUSINESS CENTER FILING NO. 1
SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO
ACCESS EASEMENT
A STRIP OF LAND SITUATED IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO; SAID STRIP OF LAND LYING WITHIN THE AMENDED AND RESTATED PLAT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 RECORDED IN
PLAT BOOK 7 AT PAGE 79 IN THE PITKIN COUNTY RECORDS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID ASPEN AIRPORT BUSINESS CENTER FILING NO. 1; THENCE S86°08'06"E ALONG THE
SOUTH LINE OF SAID LOT 1 A DISTANCE OF 17.06 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE N03°14'00"E A DISTANCE OF
247.97 FEET; THENCE 45.55 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29.00 FEET AND A CHORD THAT BEARS N41°46'00"W A DISTANCE OF
41.01 FEET; THENCE N86°46'00"W A DISTANCE OF 153.93 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 82;
THENCE N03°32'40"E ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EAST LINE S86°46'00"E A DISTANCE OF 202.82 FEET; THENCE
S03°14'00"W A DISTANCE OF 296.47 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE N86°08'06"W ALONG SAID SOUTH LINE A DISTANCE OF
20.00 FEET TO THE POINT OF BEGINNING, SAID STRIP OF LAND CONTAINS 9,777 SQUARE FEET MORE OR LESS.
PROJECT NO: 2021-372
DATE: January 24, 2022
DRAWN
RPK
SURVEYED
GBL
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
N
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
EXHIBIT A
SCALE: 1" = 50'
Exhibit C | AVLT Letter and Entitlement Docs
558
Attachment D- Vicinity Map
559
620 East Hopkins Avenue
Aspen, CO 81611
Phone: 970-925-3577 Fax: 970-300-4423
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Chris Everson
City of Aspen
130 S Galena St
Aspen, CO 81611
Phone: 970-429-1834 Fax:
email: chris.everson@aspen.gov
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
620 East Hopkins Avenue
Aspen, CO 81611
Phone: 970-925-3577 Fax: 970-300-4423
Commitment Number:0707563-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at Item 4 below
Seller's Name(s):City of Aspen, a Colorado Municipal Corporation
Property:HWY 82, Aspen, CO 81611
Lot 1A, Burlingame Ranch, Pitkin County, Colorado
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at Item 4 below
City of Aspen, a Colorado Municipal Corporation
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.
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
Page 1 of 1 February 7, 2022
9:36 AM
560
620 East Hopkins Avenue
Aspen, CO 81611
Phone: 970-925-3577 Fax: 970-300-4423
www.titlecorockies.com
Commitment Ordered By:
Chris Everson
City of Aspen
130 S Galena St
Aspen, CO 81611
Phone: 970-429-1834 Fax:
email: chris.everson@aspen.gov
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
620 East Hopkins Avenue
Aspen, CO 81611
Phone: 970-925-3577 Fax: 970-300-4423
Commitment Number:0707563-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at Item 4 below
Seller's Name(s):City of Aspen, a Colorado Municipal Corporation
Property:HWY 82, Aspen, CO 81611
Lot 1A, Burlingame Ranch, Pitkin County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Pitkin County, Colorado,
and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$300.00
$300.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
561
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
ISSUED BY
STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Countersigned by:
Company Name
Aspen, CO
City, State
Authorized Countersignature
Title Company of the Rockies, LLC
562
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is
unenforceable under applicable law because it illegally discriminates against a class of
individuals based on personal characteristics such as race, color, religion, sex, sexual orientation,
gender identity, familial status, disability, national origin, or other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice
imparted by the Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that
by State law constitute real property. The term “Land” does not include any property beyond that
described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street,
road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit
the extent that a right of access to and from the Land is to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
e.“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.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy
to be issued pursuant to this Commitment.
h.“Public Records ”: The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive
notice of matters relating to the Title to a purchaser for value without Knowledge. The term
“Public Records ” does not include any other recording or filing system, including any pertaining
to environmental remediation or protection, planning, permitting, zoning, licensing, building,
health, public safety, or national security matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the
Land is located. The term “State” also includes the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
If all of the Schedule B, Part I - Requirements have not been met within the time period specified in2.
the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and
obligation end.
The Company’s liability and obligation is limited by and this Commitment is not valid without:3.
the Notice;a.
the Commitment to Issue Policy;b.
the Commitment Conditions;c.
Schedule A;d.
Schedule B, Part I - Requirements;e.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
563
Schedule B, Part II - Exceptions; andf.
a countersignature by the Company or its issuing agent that may be in electronic form.g.
COMPANY’S RIGHT TO AMEND4.
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 is not liable for any other amendment to this Commitment.
LIMITATIONS OF LIABILITY5.
The Company ’s liability under Commitment Condition 4 is limited to the Proposed Insured ’sa.
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:
comply with the Schedule B, Part I - Requirements;i.
eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; orii.
acquire the Title or create the Mortgage covered by this Commitment.iii.
The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requestedb.
the amendment or had Knowledge of the matter and did not notify the Company about it in
writing.
The Company is only liable under Commitment Condition 4 if the Proposed Insured would notc.
have incurred the expense had the Commitment included the added matter when the Commitment
was first delivered to the Proposed Insured.
The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expensed.
incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of
Insurance.
The Company is not liable for the content of the Transaction Identification Data, if any.e.
f.The Company is not 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.
g.The Company’s liability is further limited by the terms and provisions of the Policy to be issued to
the Proposed Insured.
LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE6.
OF LAW AND CHOICE OF FORUM
a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under
this Commitment.
b.Any claim must be based in contract under the State law of the State where the Land is located
and is restricted to the terms and provisions of this Commitment. Any litigation or other
proceeding brought by the Proposed Insured against the Company must be filed only in a State or
federal court having jurisdiction.
c.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
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
564
negotiations, representations, and proposals of any kind, whether written or oral, express or
implied, relating to the subject matter of this Commitment.
d.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.
e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a
person authorized by the Company.
f.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.
IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT7.
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 closing, settlement,
escrow, or any other purpose.
PRO-FORMA POLICY8.
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.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be
issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability
in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,
INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS
COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER
CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO
PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS
OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS
COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
ARBITRATION11.
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of
Insurance is $2,000,000 or less may be arbitrated at the election 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 .
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
565
All notices required to be given the Company and any statement in writing required to be furnished
the Company shall be addressed to it at: Stewart Title Guaranty Company, P.O. Box 2029, Houston,
Texas 77252-2029.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
566
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Stewart Title Guaranty Company
SCHEDULE A
Reference:Commitment Number: 0707563-C
1.Effective Date: January 28, 2022, 7:00 am Issue Date: February 07, 2022
2.Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the
vested owner identified at Item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple.
4.The Title is, at the Commitment Date, vested in:
City of Aspen, a Colorado Municipal Corporation
5.The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: 273503100805 / R004372
Countersigned
Title Company of the Rockies, LLC
By:
Staci Stamps
567
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows:
Lot 1A,
FINAL SUBDIVISION PLAT OF LOT 1A, BURLINGAME RANCH, according to the Final Plat
thereof, recorded October 10, 2005 in Book 75 at Page 46 at Reception No. 515997.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
568
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Stewart Title Guaranty Company
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.The 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.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.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.
Record Ordinance by City of Aspen, a Colorado Municipal Corporation, authorizing the5.
transaction.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
Deed from City of Aspen, a Colorado Municipal Corporation to Purchaser with contractual rights6.
under a purchaser agreement with the vested owner identified at Item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
569
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE
SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE
IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE
COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT
WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO,
PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS
SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO
AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED
AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK
AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR ITS DULY
AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES,
ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS
SUBSEQUENT TO THE EFFECTIVE DATE HEREOF.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
570
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
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.
Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the7.
reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises as reserved un United States
Patent, recorded August 11, 1909 in Book 55 at Page 172 and Book 55 at Page 173, March 16,
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
571
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
1923 in Book 55 at Page 570 and June 16, 1947 in Book 171 at Page 290.
Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the8.
reservation of the right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent, recorded April 17, 1923 in Book 55 at Page 571 and
June 16, 1947 in Book 171 at Page 290.
Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the9.
reservation of the right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent, Excepting and reserving also, to the United States
pursuant to the provisions of the Act of August 1, 1946 (60 Stat., 755), all uranium, thorium or
any other material which is or may be determined to by peculiarly essential to the production of
fissionable materials, whether or not of commercial value, together with the right of the United
States through its authorized agents or representatives at any time to enter upon the land and
prospect for, mine, and remove the same, recorded December 10, 1952 in Book 180 at Page 87
and September 19, 1953 in Book 180 at Page 187 as Reception No. 100450.
Rights of Way and Easements as granted to the County of Pitkin recorded June 19, 1930 in Book10.
157 at Page 308 and instrument recorded September 8, 1938 in Book 157 at Page 535.
Right of Way for the Stapleton Maroon Ditch as reserved in instrument recorded April 10, 193111.
in Book 158 at Page 471.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in12.
United States Patent recorded September 19, 1953 in Book 180 at Page 187 as Reception No.
100450.
Terms, conditions, provisions and obligations contained in the Holy Cross Easement and13.
Right-of-Way recorded August 11, 1969 in Book 242 at Page 634 at Reception No. 136500.
Terms, conditions, provisions and obligations contained in the Quit Claim Deed recorded14.
September 11, 1969 in Book 243 at Page 217.
Terms, conditions, provisions and obligations contained in the Deed of Easement and Agreement15.
recorded January 19, 1971 in Book 253 at Page 210 at Reception No. 144019.
Terms, conditions, provisions and obligations contained in the Avigation Easement as granted to16.
the County of Pitkin by John P. McBride in instrument recorded August 20, 1974 in Book 290 at
Page 373.
Covenants, conditions, and restrictions contained in instruments recorded June 17, 1971 in Book17.
255 at Page 916 and recorded October 23, 1974 in Book 292 at Page 502.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
572
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
Terms, conditions, provisions and obligations contained in the Ditch Agreement recorded18.
November 15, 1993 in Book 730 at Page 868.
Terms, conditions, provisions and obligations contained in the Easement Agreement recorded19.
November 15, 1993 in Book 730 at Page 902.
Terms, conditions, provisions and obligations contained in the Resolution No. 98-37 recorded20.
November 25, 1998 at Reception No. 424878.
Terms, conditions, provisions and obligations contained in the Resolution No. 98-41 recorded21.
March 22, 1999 at Reception No. 429006.
Terms, conditions, provisions and obligations contained in the Utility Easement recorded August22.
9, 1999 at Reception No. 434205.
Terms, conditions, provisions and obligations contained in the Ordinance No. 25 Series of 199923.
recorded November 23, 1999 at Reception No. 437962.
Easements, rights of way and other matters as shown and contained on the Burlingame Ranch24.
Annexation Map recorded July 16, 1999 in Plat Book 50 at Page 48 as Reception No. 433498 and
the Final Plat Burlingame Ranch Subdivision recorded August 9, 1999 in Plat Book 50 Page 88
as Reception No. 434202.
Terms, conditions, provisions and obligations contained in the Ordinance No. 16 recorded July25.
16, 1999 at Reception No. 433499.
Terms, conditions, provisions and obligations contained in the Burlingame PUD Agreement26.
recorded August 9, 1999 at Reception No. 434203.
Terms, conditions, provisions and obligations contained in the Declaration of Utilities Easement27.
recorded August 9, 1999 at Reception No. 434205.
Terms, conditions, provisions and obligations contained in the Ordinance No. 25 (Series of 1999)28.
recorded November 23, 1999 at Reception No. 437962.
Terms, conditions, provisions and obligations contained in the Resolution No. 99-14 recorded29.
December 15, 1999 at Reception No. 438591.
Terms, conditions, provisions and obligations contained in the Holy Cross Energy Underground30.
Right-of-Way Easement recorded April 12, 2000 at Reception No. 442189.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
573
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
Terms, conditions, provisions and obligations contained in the Colorado Department of31.
Transportation Possession and Use Agreement recorded October 19, 2000 as Reception No.
448097.
Terms, conditions, provisions and obligations contained in the Permanent Easement recorded32.
October 16, 2002 as Reception No. 473536.
Terms, conditions, provisions and obligations contained in the Ordinance No. 4 (Series of 2003)33.
recorded April 14, 2003 at Reception No. 481304.
Terms, conditions, provisions and obligations contained in the Water Service Agreement34.
recorded April 22, 2003 at Reception No. 481709.
Terms, conditions, obligations and provisions of Deed of Conservation Easement in Gross35.
recorded June 30, 2003 at Reception No. 484727 and recorded at Reception No. 484728.
Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault36.
Agreement recorded October 20, 2003 at Reception No. 489990.
Terms, conditions, provisions and obligations contained in the City of Aspen Easement37.
Agreement recorded November 26, 2003 at Reception No. 491780.
Terms, conditions, provisions and obligations contained in the Agreement recorded May 14, 200438.
at Reception No. 497592.
Terms, conditions, provisions and obligations contained in the Utility Easement recorded May39.
14, 2004 at Reception No. 497599.
Terms, conditions, provisions and obligations contained in the Settlement Agreement and Mutual40.
Release recorded July 23, 2004 at Reception No. 500053.
Terms, conditions, provisions and obligations contained in the Ordinance No. 036-2004 recorded41.
August 3, 2004 at Reception No. 500395.
Terms, conditions, provisions and obligations contained in the Control and Monument Sheet42.
recorded September 20, 2004 at Reception No. 502124.
Terms, conditions, provisions and obligations contained in the Determination No. 17-200543.
February 24, 2005 at Reception No. 507297.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
574
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
Terms, conditions, provisions and obligations contained in the Ordinance No. 8 recorded March44.
17, 2005 at Reception No. 507986.
Easements, rights of way and other matters as shown and contained on the Burlingame Ranch45.
Annexation Map recorded July 1, 2005 in Plat Book 74 at Page 34 at Reception No. 511900.
Terms, conditions, provisions and obligations contained in the Ordinance No. 33 recorded July 1,46.
2005 at Reception No. 511929.
Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault47.
Agreement recorded July 28, 2005 at Reception No. 512916.
Terms, conditions, provisions and obligations contained in the Ordinance No. 24 (Series of 2005)48.
recorded August 8, 2005 at Reception No. 513267 and Amendment thereto recorded August 12,
2005 at Reception No. 513460.
Terms, conditions, provisions and obligations contained in the Pretapping Agreement recorded49.
August 11, 2005 at Reception No. 513428.
Terms, conditions, provisions and obligations contained in the Stage Road PUD Plat recorded50.
October 7, 2005 in Plat Book 75 at Page 32 at Reception No. 515869.
Easements, rights of way and other matters as shown and contained on the Plat of 3rd Amended Plat51.
Lot 1, Burlingame Ranch recorded October 10, 2005 in Book 75 at Page 43 at Reception No.
515996.
Easements, rights of way and other matters as shown and contained on the Plat of Final Subdivision52.
Plat of Lot 1A, Burlingame Ranch recorded October 10, 2005 in Book 75 at Page 46 at Reception
No. 515997.
Terms, conditions, provisions and obligations contained in the Ordinance No. 41 (Series of 2005)53.
recorded October 18, 2005 at Reception No. 516372.
Easements, rights of way and other matters as shown and contained on the ALTA Land Survey54.
Burlingame Ranch recorded December 7, 2005 in Plat Book 76 at Page 62 at Reception No. 518175.
Terms, conditions, provisions and obligations contained in the Ordinance No. 015-2010 recorded55.
August 12, 2010 at Reception No. 572584.
Terms, conditions, provisions and obligations contained in the Resolution No. 089-2010 recorded56.
August 26, 2010 at Reception No. 573075.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
575
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0707563-C
Terms, conditions, provisions and obligations contained in the Resolution No. 2, Series of 201157.
recorded February 22, 2011 at Reception No. 577792.
Terms, conditions, provisions and obligations contained in the Planned Unit Development58.
recorded April 9, 2013 at Reception No. 598457.
Terms, conditions, provisions and obligations contained in the Resolution No. 96, Series of 201459.
recorded August 15, 2014 at Reception No. 612634.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Stewart
Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
576
Commitment No: 0707563-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then there is a substantial likelihood that a third party holds some or all
interest in oil, gas, other minerals, or geothermal energy in the property, and
(b)That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 11
577
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a
closing protection letter is available to the consumer.
Page 12
578
S
IVB
IVB
S
E W G
IVB
IVB
S
7825
7820
7815
7810
780578007795779
0 77857790
779577847783 7782 778177857785BURLINGAMELOT 1D"TRIANGLE PARCEL"3.566+/- ACRESHIGHWAY 82MOUNTAIN RESCUELUMBERYARDAABC LOT1 BLOCK1PROPOSED SUBDIVISIONBOUNDARY (LOT 1D)AABC TRAILANNIE MITCHELL TRAILREZONING BOUNDARY PER LEGALDESCRIPTION IN 1999 ORDINANCE #25ANNIE MITCHELLHOMESTEADTRACT 2BURLINGAMELOT 1A30'15'60'ORIGINAL SCALE: 1" = 30'N0BURLINGAME LOT 1D (TRIANGLE PARCEL) PROPOSED SUBDIVISION BOUNDARYASPEN LUMBERYARD SUBDIVISION PREAPPLICATION EXHIBITJANUARY 2022OF 31579
PRE-APPLICATION CONFERENCE SUMMARY
PRE-22-024
DATE: 3/4/22
PLANNER: Ben Anderson, Planner, City of Aspen, 429-2765
PROJECT NAME AND ADDRESS: Burlingame Lot 1A – Subdivision of “Triangle Parcel”
PARCEL ID# 273503100805
REPRESENTATIVE: Bob Schultz, Representative for City Asset Department, 963-3670
DESCRIPTION: The eventual Lumberyard affordable housing development will be located on a lot that is
assembled from three parcels: 1) the parcel that contains the Pro Build lumberyard, the parcel that contains the
Aspen Mini-Storage (subject of a recent annexation process), and 3) a triangle shaped parcel at the base of Deer
Hill that is currently part of Burlingame Subdivision and Planned Development – Lot 1A.
The proposal, under this PreApp, would subdivide this roughly 3.5 acre parcel from Lot 1A, creating a new “Lot
1D”. The portion of Lot 1A that included the Annie Mitchell affordable housing project – and the majority of the
proposed “Triangle Parcel” is currently zoned RR, Rural Residential. A portion of the Triangle Parcel is zoned
C, Conservation. At the time of the PreApplication discussion, conversations were had about the need to rezone
the parcel as part of the subdivision process. Further discussion needs to happen on this topic to explore if
there are any benefits to a rezoning to define the property further during this time prior to the extensive
entitlements process that will be required with the Lumberyard AH project. Staff’s view at this time is that there
is not a need for a rezoning action associated with this subdivision request.
An important aspect of Lot 1A is that it contains areas that are included in a conservation easement held by the
Aspen Valley Land Trust (AVLT). Staff understands that the applicant has been working with AVLT to draw the
boundaries of the proposed parcel – and to confirm that the subdivision and intended use of the proposed
parcel are consistent with the terms of the conservation easement. AVLT’s agreement with the proposed
subdivision and the boundaries of the parcel is essential.
Subdivision is typically reviewed concurrent with other land use reviews in defining an eventual development
scenario. In this case, the subdivision action would be concluded in this limited action, the land would be left in
its current condition with no development proposed, until later assembled with other lands and considered with
the full Lumberyard project. As such, some of the review criteria and application contents in Major Subdivision,
26.480.070 and 080 will not be applicable to this proposal. It is recommended that the applicant work ahead of
time with the City Parks Department to identify any potential concerns that may arise from the subdivision
process
This is a two-step process that requires a meeting with P&Z for a recommendation and then is concluded by an
Ordinance with Council that involves both First and Second Reading.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
26.310 Amendments to the Text and Zone District Map (if needed)
26.480 Subdivision
26.480.070 and 080 Major Subdivision, Review Criteria and Application Contents
580
For your convenience – links to the Land Use Application and Land Use Code are below:
Land Use Application Land Use Code
REVIEW BY: Community Development staff for complete application
Planning and Zoning Commission for Recommendation
City Council for Ordinance – Subdivision (and Rezoning, if necessary)
PUBLIC HEARING: Yes; P&Z and City Council
**Notice Materials for poster and mailing should provide enhanced information
PLANNING FEES: $7,800 deposit for 24 hours of staff time (Additional/fewer hours billed/refunded at
$325 per hour)
REFERRAL FEES: City Engineering Department - $325; 1 hour deposit – additional hours will be billed as
necessary.
City Parks Department - $1,300
City Attorney should be a formal referral – although they typically do not assess a fee.
TOTAL DEPOSIT: $9,425
APPLICATION CHECKLIST – PLEASE EMAIL APPLICATION TO: ben.anderson@cityofaspen.com
Completed Land Use Application and signed Fee Agreement.
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. The purpose of this requirement is to show that the Applicant has the
authority to apply for a Land Use Case.
HOA Compliance form (Attached to Application)
All application requirements described in 26.480.080.A-J, Subdivision application contents. Some
materials may not be required due to the nature of the proposed subdivision. The application
submission should at least acknowledge all application requirements – even if to explain why the are
not applicable.
Written response to all applicable review criteria in 26.480.040, General Subdivision Criteria and
26.480.070, Major Subdivision Review Criteria.
Letter or other materials from AVLT showing concurrence and support for the subdivision and the
proposed boundaries of new parcel.
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
581
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.
582
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $ ƚďĚ
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
Burlingame Subdivision Lot 1A
273503100805
City of Aspen, Sara Ott
427 Rio Grande Pl. Aspen, CO 81611
970-920-5083 sara.ott@aspen.gov
Christopher Everson
5LR*UDQGH3O$VSHQ&2
970-429-1834 chris.everson@aspen.gov
NA NA NA
NA NA
✔
✔
✔
✔
Lot 1A is primarily made up of Deer Hill. The proposed Lot 1D is a relatively flat triangle of land at the base of Deer Hill adjacent to SH 82 and the lumberyard property. It has been identified for housing use since 1999 and is not part of the property subject to a conservation easement. The property hosts
the AABC bike/pedestrian trail and a spur trail to the Annie Mitchell housing site. The property is largely undeveloped with sage and brush covering the site. The proposed conditions are the same as the current condition.
Major Subdivision and Rezoning of a small portion of the property.
Major Subdivision and Rezoning of a small portion of the property.
583
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner)͗
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
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ĂŐƌĞĞƚŽƉĂLJĂĚĚŝƚŝŽŶĂůŵŽŶƚŚůLJďŝůůŝŶŐƐƚŽƚŚĞŝƚLJƚŽƌĞŝŵďƵƌƐĞƚŚĞŝƚLJĨŽƌƉƌŽĐĞƐƐŝŶŐŵLJĂƉƉůŝĐĂƚŝŽŶĂƚƚŚĞŚŽƵƌůLJƌĂƚĞƐ
ŚĞƌĞŝŶĂĨƚĞƌƐƚĂƚĞĚ͘
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
Burlingame Subdivision Lot 1A
City of Aspen Sara Ott
Chris Everson, City of Aspen, 427 Rio Grande Place, Aspen, CO 81611
chris.everson@aspen.gov 970.429.1834
tbd
tbd
9,100 28
325 1
Sara Ott
Aspen City Manager
584
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying WKDWthe scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
signed by the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
Ƒ This property is not subject to a homeowner association or other form of private c ovenant.
Ƒ This property is subject to a homeownerassociation or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
Ƒ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners a ssociation or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: 'ate:
Owner printed name:
or,
Attorney signature: 'ate:
Attorney printed name:
Burlingame Subdivision Lot 1A
Aspen, CO 81611
5/5/22
Sara Ott, City Manager
City of Aspen, Sara Ott
sara.ott@aspen.gov 970.920.5083
585
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 1
January 24, 2022
City of Aspen Burlingame Affordable Housing Project Team
C/O: Chris Everson (City of Aspen) & Jason Jaynes (DHM Design)
130 South Galena St.
Aspen, CO 81611
RE: Easement Correction Process for Amcord / Burlingame East “Triangle Parcel”
To Whom it May Concern:
As you are aware, a portion of the Amcord / Burlingame East property also referred to as the Deer Hill
Open Space (the “Property”) is encumbered by a perpetual conservation easement, granted to Aspen
Valley Land Trust (AVLT) recorded in Pitkin County on June 30, 2003, at Reception Number 484728
(the “Easement”), and corrected on April 14, 2009 at Reception Number 558008 (the “2009 Correction).
The purpose of this letter is to outline the necessary steps for recording a final correction to the
Easement in order to correct the legal description and identify the exact areas that have been excluded
from the Easement for development of the Burlingame Affordable Housing Project.
Background
The stated purpose of the Easement is to “assure that the Property will remain forever predominantly in
its open space, natural habitat and recreational condition subject to the uses of the Property permitted
hereunder, and to prevent any use of the Property that will significantly impair or interfere with the
Conservation Values of the Property and, in the event of their degradation or destruction, to restore
such Conservation Values of the Property.”
The 2009 Correction then identified three areas to be excluded from the Easement for the purpose of
developing the Burlingame Affordable Housing Projects. The 2009 Correction additionally established
"the Parties' intent to further correct the Conservation Easement in the future to more specifically
identify the properties to be excluded from the Conservation Easement after the City completes the
Burlingame Ranch Affordable Housing Project and completes the development of affordable housing on
the '150 foot wide strip or to the toe of the slope' parcel.” (The '150 foot wide strip or to the toe of the
slope' parcel will be referred to as the “Triangle Parcel” for the purposes of this letter.)
Process
While the 2009 Correction calls for the City of Aspen (the “City”) to “provide the Trust a legal
description of the property for the affordable housing project contemplated for that parcel within thirty
(30) days of the completion of the Burlingame Affordable Housing Project,” AVLT believes that it may
be in the best interest of all involved parties to record the updated correction as soon as soon as
Exhibit C | AVLT Letter and Entitlement Docs
586
320 Main St. Suite 204 | Carbondale, CO 81623 | 970.963.8440 | avlt@avlt.org | page 2
practicable. At a minimum, the updated correction must be recorded before any final subdivision of the
triangle parcel from the main Amcord parcel may occur.
As such, AVLT staff has identified the following process for recording an updated correction to the
Easement, allowing the Burlingame Affordable Housing Project development and any associated land
use actions such as subdivision to proceed:
1) Provide legal descriptions and surveys. The City and partners will provide AVLT staff with
surveys and written legal descriptions for the Annie Mitchel Housing Project, the existing
Burlingame Housing Project, and the Triangle Parcel Burlingame Housing Project. AVLT may
also request that the City provide a survey and legal description of the updated Easement area
that excludes the three parcels. AVLT will then reference these surveys with the 2009 Correction
and provide preliminary approval of the surveys via email.
2) AVLT Board Resolution. AVLT staff will present the AVLT board with the necessary
information and request a Board Resolution approving an updated correction to the Easement.
This resolution would potentially include the provided surveys and legal descriptions, as well as
a draft copy of the updated Correction. This draft Correction language will be developed by
AVLT staff and counsel, and refined with the City and partners as needed.
3) Record updated Correction to the Easement. AVLT Staff will then work with the City and
partners to record the updated Correction to the Easement.
After the updated Correction is recorded, the City may begin development work and subdivision in the
Triangle Parcel as established by the 2009 Correction, without further approval or interaction with
AVLT or the Easement.
Thank you for working closely with our team as we together through this process. Please don’t hesitate
to contact me below with any questions or concerns.
Sincerely,
Bud Tymczyszyn, AICP (tim-chiz-in)
Conservation Easement Specialist
Aspen Valley Land Trust
bud@avlt.org
909-499-5038 (cell)
Exhibit C | AVLT Letter and Entitlement Docs
587
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, May 10, 2022 1:35 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for checking in, and sorry for the delay. We were out part of last week on a team trip, and I'm
dealing with some sick days right now. Unfortunately I won't be able to get you an updated memo until
next week, but you can go ahead and use the January memo and my email below for the subdivision
application if that still works for you.
I'm hoping to take some time to write up the draft Correction for the CE later this week / early next, so
hopefully we'll have that to start sharing with you all soon. I'm also working on a little memo that outlines
all the prior land use moves and background related to this so our board can have some history, and we
can have that to refer to in the future should we need. If you're game, I might call you later this week or
next to ask you a couple clarifying questions to help with this.
Our June board meeting has moved and is no longer on the 15th, but is still happening in June. I'll keep
you posted on the date in case that changes anything for you guys.
Thanks Jason! Let me know if I'm missing anything here-- don't want to leave you hanging!
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c) 909.499.5038
Exhibit C | AVLT Letter and Entitlement Docs
588
From: Bud Tymczyszyn [mailto:bud@avlt.org]
Sent: Tuesday, April 26, 2022 3:42 PM
To: Jason Jaynes <jjaynes@dhmdesign.com>; Dave Erickson <dave@avlt.org>; Erin Quinn
<erin@avlt.org>
Cc: Bob Schultz <rschultzconsulting@gmail.com>; Christopher Everson <chris.everson@aspen.gov>
Subject: Re: Aspen Lumberyard - Deer Hill easement exhibit
Hi Jason,
Thanks for sending this over. Having this singular survey with all of the housing exclusions shown is
exactly what we needed to move forward to the next step. Keep us posted as the final verification come
through, otherwise we'll work from this and assume it should pretty closely reflect the final. I think it was a
good call adding the 150' from the ROW into the excluded area too-- I imagine our board will like that this
essentially maxes out the final reserved right from the easement and will be the final amendment.
Now that we have the survey, our next steps are (a) AVLT staff review, (b) AVLT will develop a draft final
amendment to the CE, (c) work with City and parners to refine, (d) bring to AVLT Board for resolution
June 15th. If helpful, I'm happy to update the previous memo to reflect this for the subdivision application.
Let me know if and when you would like that and I can put something together. Also happy to hop on the
phone if there are any questions about the rest of the AVLT board process outlined here.
Thanks Jason! We'll have more for you soon after our team reviews the survey / LD.
Best,
Bud Tymczyszyn, AICP
(Pronounced Tim-chiz-in)
Conservation Easement Specialist
(c)909.499.5038
Exhibit C | AVLT Letter and Entitlement Docs
589