HomeMy WebLinkAboutagenda.council.regular.20250527AGENDA
CITY COUNCIL REGULAR
MEETING
May 27, 2025
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
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
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V.Special Orders of the Day
VA.Arbor Day Proclamation
VI.Consent Calendar
VIA.Resolution #071, Series of 2025 - 2025 SCADA Improvements
VIB.Resolution #076, Series of 2025 - Agreement between the City of Aspen and Gillig,
LLC for the purchase of one battery electric bus.
VIC.Resolution #080, Series of 2025 - Adopting the 2025-2027 City Council Priority
Projects and Council Goals
VID.Draft Minutes of May 13, 2025
VII.Notice of Call-Up
VIII.First Reading of Ordinances
VIIIA.Ordinance #04, Series of 2025 - City of Aspen Clean Air Act Updates
IX.Public Hearings
IXA.Resolution #072, Series of 2025 - 790 Castle Creek Drive
X.Action Items
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
Arbor_Day_Proclamation_2025_May_27th.doc
(These matters may be adopted together by a single motion)
Council_Memo_2025_SCADA_Work_FINAL (1).pdf
Attachment A - 202-204 SCADA Work PSA_signed by vendor.pdf
Attachment_B_-_Reso__071_of_2025_for_SCADA_Improvement_Services (1).doc
purchase agreement gillig 5-27-25.docx
resolution_76_of_2025.doc
procurement agreement gillig 2025.pdf
23-022 gillig transit buses.pdf
Council Goals Memo.docx
Resolution_080__2025_ (2).doc
cc.min.051325.docx
Memo_Ordinance #04, Series of 2025_City of Aspen Clean Air Act_First Reading.pdf
Ordinance__04__Series_of_2025_City_of_Aspen_Clean_Air_Act_First_Reading.docx
Staff Memo_Resolution #072, Series of 2025.pdf
Resolution #072, Series of 2025_790 Castle Creek_Updated.pdf
Exhibit A_790 Castle_Special Review Criteria.pdf
Exhibit B_Application.pdf
Exhibit C_Amended Application for “local†Demolition Allotment.pdf
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XA.Resolution #075, Series of 2025 - Q1 Fee-in-lieu Request
XB.
Discussion and direction to staff to initiate review of the City’s Sign Code and stay of
prosecution regarding sign code violations at 935 E. Cooper Avenue, Aspen CO pending
review of the Sign Code
XI.Executive Session
Staff Memo_Q1 2025 Fee in Lieu Request.pdf
Resolution #075, Series of 2025_2025 Q1 FIL.pdf
Exhibit A _Title 26 Policy 01_2024.pdf
Exhibit B_FIL Request Letter.pdf
Exhibit C_P&Z Commission Resolution.pdf
Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer,
or sale of any real, personal, or other property interest; (4)(b) Conferences with an
attorney for the local public body for purposes of receiving legal advice on specific
legal questions; (4)(e), Determining positions relative to matters that may be
subject to negotiations; developing strategy for negotiations, and instructing
negotiators.
The specific items of discussion involve the following:
1. The lease, transfer or acquisition of real property or property interests by
APCHA and/or the City, and contract negotiations, and communication with
counsel regarding such subjects, including legal advice pertaining to deed
restrictions. Due to market forces, negotiation strategies and confidentiality
demands of parties involved, and necessitated by the subject of the specific
legal advice, which further disclosure would be a detriment to the City’s
strategic position, the exact properties cannot be disclosed.
2. Lease for property located at 455 Rio Grande Place, Aspen, Colorado.
3. ACRA Lease
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XII.Adjournment
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PROCLAMATION
City of Aspen, Colorado
Incorporated 1881
WHEREAS,In 1872, J. Sterling Morton proposed to the Nebraska Board
of Agriculture that a special day be set aside for the
planting of trees; and
WHEREAS, This holiday called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska and is
now observed throughout the nation and the world; and
WHEREAS, Trees reduce the erosion of our precious topsoil, cut heating
and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, Trees are a renewable resource giving us paper, wood for
our homes, fuel for our fires, and countless other products;
and
WHEREAS,Trees in our city increase property values, enhance the
economic vitality of business areas, beautify our
community, and are a source of joy and spiritual renewal;
and
WHEREAS, The City of Aspen has been recognized as a Tree City USA
by the National Arbor Day Foundation; and
NOW THEREFORE LET IT BE RESOLVED, that the Mayor, City Council, and
the citizens of Aspen hereby proclaim June 7th, 2025 as
ARBOR DAY
In the City of Aspen, and we urge all citizens to support effort to care for our
trees and woodlands, and to support our city’s community forestry program for
this and future generations.
Attest:________________________By order of the City Council
Nicole Henning, City Clerk this 27th day of May 2025
____________________________
Mayor Richards
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MEMORANDUM
TO: Mayor and City Council
FROM: Ryan Loebach, Deputy Director of Utilities
THROUGH: Erin Loughlin Molliconi, Director of Utilities
MEMO DATE: May 19th, 2025
MEETING DATE: May 27th, 2025
RE: Resolution #071, Series of 2025 – 2025 SCADA Improvements
REQUEST OF COUNCIL: Staff requests a contract award to Timber Line Electric and
Control Corporation (TLECC), in the amount of $192,162.00 for supply and installation of
radio equipment at eight remote water distribution sites.
SUMMARY AND BACKGROUND: Aspen’s Water treatment plants, tanks, pumps, and
distribution system operate continuously to provide potable water to customers.
Automation and communication between these components play a critical role in the
continuous operation of this complex system. While minor repair, calibration, and
troubleshooting of this infrastructure is handled through in -house Water department
staffing, more complex issues such as new installation, updates, and programing require
specialized labor.
DISCUSSION: For the last 25+ years the City of Aspen water system has utilized
Motorola radio telemetry equipment for automation and communication between water
system facilities. Motorola continues to progress and update their radio equipment. Eight
remote water distribution sites have an outdated radio system that Motorola no longer
supports and staff is experiencing problems obtaining information from these sites on a
consistent basis. This project will replace and update radios at each of these with the
most recent Motorola-supported radios.
BASIS FOR VENDOR SELECTION: City staff solicited a bid from the City’s long-time
as-needed SCADA services contractor and only Colorado-based supplier of Motorola
equipment, TLECC, to provide and install the equipment to upgrade the radios at each
site. Staff request sole-source approval from Council based on TLECC’s experience
and reputation performing similar services, commitment to City as an as-needed service
provider, and their familiarity with the City’s facilities and staff.
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FINANCIAL IMPACTS: Staff request sole-source approval and contract award from
Council based on Timber Line’s experience and reputation performing similar services,
commitment to City as an as-needed service provider, and their familiarity with the
City’s facilities and staff. The proposed project funding and expenditures are outlined
below:
Total Project Expenditures
TLECC: Professional Services Agreement $192,162.00
New Budget Request
Water Fund: New Capital Project Funding Request $192,162.00
This project and associated request are not part of 2025 water fund budget. Staff
requests new spending authority of $192,162.00 to fund and complete the work. This
spending authority request will be offset by surplus water fund balance. Staff did not
specifically hold budget dollars in 2025, it wasn’t until early this year that TLECC notified
staff of the radio obsolescence.
ENVIRONMENTAL IMPACTS: Replacement of outdated radios will allow city staff
receive accurate, reliable, and real-time operating data about these water distribution
system remote systems ensuring our water systems are efficiently providing safe
drinking water without contamination or waste.
ALTERNATIVES: Staff believes this is a critical project to continue to provide reliable
water service to all customers within our service territory. Alternatively, the city can
incrementally replace radios at these sites using as-needed SCADA services contract but
at a greater cost over a longer period of time.
RECOMMENDATIONS: Staff requests a contract award to Timber Line Electric and
Control Corporation (TLECC), in the amount of $192,162.00 for supply and installation of
radio equipment at eight remote water distribution sites.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Professional Services Agreement with TLECC.
B. Resolution #071 of 2025
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Agreement for Procurement and Professional Services Page 0
Updated 5/2024
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2025-204
AGREEMENT made as of 5th day of May, in the year 2025.
BETWEEN the City:
Contract Amount:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Professional:
Timber Line Electric & Control Corporation
17591 Hwy. 8, Box 793
Morrison, CO 80465
303-697-0440
For the Following Project:
2025 SCADA Improvements
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$100,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: 05/27/2025
Resolution No.: 2025-071
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, and
Fee Schedule.
Total: $192,162.00
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (FOB Multiple sites determined by Utilities Department)
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. See Exhibit A.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than 11/14/2025 with the installation and operation of all the equipment no later than 11/14/2025.
Upon request of the City, Professional shall submit, for the City's approval, a schedule for the
performance of Professional's services which shall be adjusted as required as the project proceeds,
and which shall include allowances for periods of time required by the City's project engineer for
review and approval of submissions and for approvals of authorities having jurisdiction over the
project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The rates for work performed by Professional shall not
exceed those rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to
by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
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9. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set-off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
10320
Agreement for Procurement and Professional Services Page 3
Updated 5/2024
whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
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Agreement for Procurement and Professional Services Page 4
Updated 5/2024
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
include coverage for explosion, collapse, and underground hazards. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS
($2,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the City, its officers
or employees, or carried by or provided through any insurance pool of the City, shall
be excess and not contributory insurance to that provided by Professional. No
additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations.
The Professional shall be solely responsible for any deductible losses under any
policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
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Agreement for Procurement and Professional Services Page 5
Updated 5/2024
(g) The parties hereto understand and agree that City is relying on and does not waive or
intend to waive by any provision of this contract, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to
City, its officers, or its employees.
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or familial
status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
Docusign Envelope ID: 224105FC-7D6D-4DC4-925A-FDC5569E612D
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Agreement for Procurement and Professional Services Page 6
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term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s
absence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
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22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon the availability of
those funds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
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the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as
the term is defined in Colorado law, including but not limited to websites, applications,
software, videos, and electronic documents must also comply with the latest version of Level AA
of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that
the information and communication technology used, created, developed, or procured in
connection with the Services hereunder meets these standards, Professional may be required to
demonstrate compliance. The Professional shall indemnify the CITY pursuant to the
Indemnification section above in relation to the Professional’s failure to comply with §§24-85-
101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability
as established by the Office of Information Technology pursuant to Section §24-85-103(2.5).
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________ [Signature] [Signature]
By: _____________________________ By: _____________________________ [Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________
City Attorney’s Office
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5/7/2025 | 9:35:40 AM PDT
Corporate Secretary
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EXHIBIT A
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RESOLUTION # 71
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND TIMBER LINE ELECTRIC AND CONTROL CORPORATION.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a professional
services agreement for 2025 SCADA Improvements, between the City of Aspen
and Timber Line Electric and Control Corporation, a true and accurate copy of
which is attached hereto as Exhibit “A”;
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 professional
services agreement for the 2025 SCADA Improvements, between the City of
Aspen and Timber Line Electric and Control Corporation, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 27
th day of May 2025.
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 27th, 2025.
Nicole Henning, City Clerk
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MEMORANDUM
TO:Mayor Richards and Aspen City Council
FROM:Lynn Rumbaugh, TDM-cp, Interim Director of Transportation
THROUGH:Tyler Christoff, P.E., Deputy City Manager
MEETING DATE: May 27, 2025
RE: Resolution #76 of 2025, Approving a procurement agreement with
Gillig LLC for the purchase of one battery electric bus
REQUEST OF COUNCIL:
Staff requests Council approval of Resolution #76 of 2025, authorizing the City Manager
to enter into an agreement with Gillig for the purchase of one zero-emission battery
electric bus. This battery electric bus, which replaces a diesel bus, is included in the
Transportation Fund 2025 budget.
SUMMARY AND BACKGROUND:
The city contracts with the Roaring Fork Transportation Authority (RFTA) for the
operation of fare-free in town transit services such as the Castle Maroon, Hunter Creek,
and Burlingame routes. The city purchases its own transit vehicles as part of this
arrangement, but partners closely with RFTA to ensure consistent specifications for
maintenance and driving ease. The proposed battery electric bus from Gillig will replace
a 13-year-old Gillig diesel bus that has reached the end of its useful life. The new bus
will arrive within 24 months of contract execution.
As is often the case, the city will add its one vehicle purchase to a larger RFTA order of
10 Gillig buses. This is advantageous for pricing as well as delivery timing. The city
participated in a RFTA-led RFP process in 2024, with Gillig being the selected vendor.
The existing City and RFTA fleets contain many Gillig vehicles.
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FINANCIAL IMPACTS:
The cost of this 35’ electric bus is $1,250,498.00. Although the city has been quite
successful with grant awards to offset its bus purchases, this particular replacement
vehicle was not awarded funding and will be purchased in total by the 141 fund. These
funds were approved as part of the 2025 budget process. It is important to note that this
price does not include any impact associated with current and upcoming tariff policies
and the likely increase in the cost of materials. Therefore, the agreement states that
cost escalations in excess of $100,000.00 must be approved by City Council.
ENVIRONMENTAL IMPACTS:
As a member of the RFTA Board, the City of Aspen approved a Zero Emissions Vehicle
Plan for both the city and RFTA fleets, calling for diesel buses to be replaced with
electric.
RECOMMENDATIONS:
Staff recommend approval of Resolution #76 for the purchase of one electric Gillig bus.
Alternatives include delaying this vehicle purchase and seeking future grant funding.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Resolution #76 of 2025
Attachment B: Contract documents
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RESOLUTION #76
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A PROCUREMENT AGREEMENT BETWEEN
THE CITY OF ASPEN AND GILLIG LLC FOR THE PURCHASE OF ONE
BATTERY ELECTRIC BUS.
WHEREAS, Aspen City Council goals include “Improve and expand our
efficient, multi-modal, and integrated transportation system to reduce vehicle miles traveled
(VMT) and air pollution,” and;
WHEREAS, as a member of the Roaring Fork Transportation Authority Board of
Director, Aspen City Council approved a Zero Emission Vehicle Plan aimed at replacing diesel
buses with battery electric buses; and,
WHEREAS the agreement between the City of Aspen and GILLIG LLC for the
purchase of one battery electric bus is annexed hereto and made a part hereof.
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 purchasing agreement
between the City of Aspen and GILLIG LLC copies of which are annexed hereto and incorporated
herein and does hereby authorize the City Manager of the City of Aspen to execute said purchasing
agreement on behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY this 27th day of May, 2025.
____________________________
Rachael Richards, Mayor
ATTEST:
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 on the day herein above stated.
________________________________
Nicole Henning, City Clerk
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Electric Bus
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Contract No.: 2025-209 SP1410886
AGREEMENT made the 13th day of May, 2025.
BETWEEN the City:
Contract Amount:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Gillig LLC
451 DISCOVERY DRIVE
LIVERMORE, CA 94551
US
5102645000
Bill.fay@gillig.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
If this Agreement requires the City to pay
an amount of money in excess of
$100,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: May 2025
Resolution No.: 2025-076
Exhibit A: List of supplies, equipment, or materials to be purchased
-Aspen-City, CO (1) 35 Electric Pre Award Sales
-RFTA Contract 23-022
Total: $ 1,250,498.00
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The City and Vendor agree as set forth below.
1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for
the sum set forth hereinabove.
2.Delivery. (FOB 24 months__) [Delivery Address]
3.Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a
part of this Agreement as if fully set out at length herein.
4.Warranties. _as in RFTA contract No: 23-022_
5.Successors and Assigns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding upon the City and the Vendor respectively and their
agents, representatives, employee, successors, assigns and legal representatives.
Neither the City nor the Vendor shall have the right to assign, transfer or sublet its
interest or obligations hereunder without the written consent of the other party.
6.Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City
may assign this Agreement in accordance with the specific written permission, any
right to claim damages or to bring any suit, action or other proceeding against either
the City or Vendor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
7.Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be
construed, or operate as, a waiver of any subsequent default of any of the terms,
covenants or conditions herein contained, to be performed, kept and observed by the
other party.
8.Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
9.Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and
reasonable attorney’s fees.
10.Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be
made or presumption shall arise for or against either party based on any alleged unequal
status of the parties in the negotiation, review or drafting of the Agreement.
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11.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in any transaction with a Federal
or State department or agency. It further certifies that prior to submitting its Bid that it
did include this clause without modification in all lower tier transactions, solicitations,
proposals, contracts and subcontracts. In the event that Vendor or any lower tier
participant was unable to certify to the statement, an explanation was attached to the
Bid and was determined by the City to be satisfactory to the City.
12.Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A)Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Vendor for the purpose of securing
business.
(B)Vendor agrees not to give any employee of the City a gratuity or any offer of employment
in connection with any decision, approval, disapproval, recommendation, preparation of
any part of a program requirement or a purchase request, influencing the content of any
specification or procurement standard, rendering advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to this Agreement, or to any
solicitation or proposal therefore.
(C)Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D)In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1.Cancel this Purchase Agreement without any liability by the City;
2.Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3.Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4.Recover such value from the offending parties.
13.Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for
any reason and in its sole discretion the City shall determine that such cancellation is
in its best interests and convenience.
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14.Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds
to meet its obligations herein, this Agreement shall be contingent upon the availability
of those funds for payment pursuant to the terms of this Agreement. If tariffs or other
similar measures are implemented subsequent to the execution of this contract for
which Vendor has no control of, such change in conditions shall warrant an adjustment
to the purchase price via Change Order to the extent such impact can be reasonably
demonstrated. If such change results in an increase in the purchase price of more than
10%, the City may cancel this contract without liability.
15.City Council Approval. If this Agreement requires the City to pay an amount of money
in excess of $100,000.00 it shall not be deemed valid until it has been approved by the
City Council of the City of Aspen.
16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform under this
Agreement. Vendor agrees to meet all of the requirements of City’s municipal code,
section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees
to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957,
as amended and other applicable state and federal laws respecting discrimination and
unfair employment practices.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a)Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b)Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c)Incorporate the foregoing provisions in all subcontracts hereunder.
17.Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition, vendor
understands that no City official or employee, other than the Mayor and City Council
acting as a body at a council meeting, has authority to enter into an Agreement or to
modify the terms of the Agreement on behalf of the City. Any such Agreement or
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modification to this Agreement must be in writing and be executed by the parties
hereto.
18.Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for the purposes of executing this Agreement and
that he/she has full and complete authority to enter into this Agreement for the terms
and conditions specified herein.
19. The Professional in performing the Services hereunder must comply with all
applicable provisions of Colorado laws for persons with disability, including the
provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology
Accessibility Standards, as established by the Office Of Information Technology
pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered
hereunder that use information and communication technology, as the term is defined
in Colorado law, including but not limited to websites, applications, software, videos,
and electronic documents must also comply with the latest version of Level AA of the
Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm
that the information and communication technology used, created, developed, or
procured in connection with the Services hereunder meets these standards, Professional
may be required to demonstrate compliance. The Professional shall indemnify the
CITY pursuant to the Indemnification section above in relation to the Professional’s
failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility
Standards for Individuals with a Disability as established by the Office of Information
Technology pursuant to Section §24-85-103(2.5).Electronic Signatures and Electronic
Records This Agreement and any amendments hereto may be executed in several
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one agreement binding on the Parties, notwithstanding the possible event that
all Parties may not have signed the same counterpart. Furthermore, each Party consents
to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner
agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability
of the Agreement solely because it is in electronic form or because an electronic record
was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic
documents, or a paper copy of a document bearing an electronic signature, on the
ground that it is an electronic record or electronic signature or that it is not in its original
form or is not an original.
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to
be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
By: ___________________________
_______________________________
Date
_______________________________
City Attorney’s Office
SUPPLIER:
___________________________
By:________________________________
___________________________________
Title
___________________________________
Date
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William F Fay Jr
5/16/2025 | 11:57:12 AM PDT
Vice President, Sales
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451 DISCOVERY DRIVE, LIVERMORE, CA 94551 | WWW.GILLIG.COM | 510.264.5000
May 6, 2025
Tammy Sommerfield
Director of Procurement
RFTA/Aspen CO
1517 Blake Ave
Glenwood Springs CO 81601
Dear Tammy,
Thank you for your interest in purchasing (1) 40’ Battery Electric Low Floor Buses by utilizing the RFTA/Aspen
Contract # 23-022.
Attached you will find the price variance/price summary that would pertain to your order.
(1) 35’ BATTERY ELECTRIC LOW FLOOR BUS $1,250,498.00 each
This price is valid for 90 days and is FOB Aspen CO. Prices exclude any taxes and license fees. The production
start date of this order will begin within 18 – 20 months from receipt of purchase order.
The current Administration has recently placed substantial tariffs on goods imported into the United States, and
there have been indications that additional or different tariffs may be imposed. Although we are actively working
with our suppliers to determine the financial impact these tariffs may ultimately have on our material and
production costs, we believe in some cases (bus configuration) it will add a significant cost to the bus price which
GILLIG is unable to absorb. As a valued partner, you have our commitment and assurance that we will do
everything possible to minimize the impact as we navigate this developing situation. However, contact
modifications and price adjustments will likely be necessary to offset any cost increases due to these tariffs.
We thank you for this opportunity and appreciate your interest in GILLIG and our products. We at GILLIG look
forward to building another order for RFTA/Aspen CO and in so doing, continuing to build our lasting partnership.
Working together, GILLIG is confident we can manage the tariff situation and continue to build and deliver the
best transit buses in the industry along with the highest level of customer satisfaction.
Should you have any questions, please do not hesitate to contact me at (510) 303-0202.
Sincerely,
Joe Saldana
Regional Sales Manager
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MEMORANDUM
TO:Mayor and Council
FROM:Jenn Ooton, Senior Project Manager
THROUGH:Pete Strecker, Interim City Manager
MEMO DATE:May 21, 2025
MEETING DATE:May 27, 2025
RE:Resolution #080, Series 2025 – Adoption of the 2025-2027 Priority
Projects and Council Goals
_____________________________________________________________________
REQUEST OF COUNCIL:
Approval of Resolution #080, Series 2025.
SUMMARY AND BACKGROUND:
On May 19 and 20, 2025, the City Council met in a two-day retreat to review ongoing
work for the City of Aspen and identify goals for the next two years. During the retreat,
Council discussed the financial health of the organization, a SWOT analysis of the
organization from the perspectives of both staff and from Council, reviewed large
initiatives underway, and discussed potential election questions for this November ballot.
Council also briefly looked at the city’s strategic focus areas adopted in 2019 to drive work
within the organization: Safe & Lived-in Community of Choice; Community Engagement;
Protect our Environment; Fiscal Health & Economic Vitality; and Smart, Customer-
Focused Government.
In addition to drafting their priorities and goals for the next two years, City Council
identified a few work sessions to hear more about ongoing work in the near future:
Armory Hall Project Update
Early Childhood Education update
Housing Summit
Staff is working to schedule these work sessions.
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DISCUSSION:
During the retreat, City Council noted that a large amount of work that aligns with
community expectations is already ongoing, praised staff for their contributions and hard
work, and identified a new approach to Council Goals for the next two-year cycle.
This resolution is representative of the discussion that took place at the Council retreat
and includes the following:
2025-2027 Priority Projects Council Goals and Council Goals
Council Priority Projects:
Armory Hall
Lumberyard Affordable Housing
Entrance to Aspen
Council Goals:
Early Childhood Education programmatic enhancement and optimization
Resource and infrastructure resilience, including fire safety
Traffic flow/congestion relief
These will be reviewed and accomplished through the following principles:
Improvement of core service delivery through process improvement with the
customer in mind
Staff support and retention
Outcome focus
FINANCIAL IMPACTS:
There are no financial impacts based on this direction, however, the change in approach
will be reflected in development of the 2026 Budget.
ENVIRONMENTAL IMPACTS:
Both the resource and infrastructure resilience and traffic flow/congestion relief goals
assume positive environmental impacts will result from the focus on these topics.
ALTERNATIVES:
An alternative can be amendments to these goals and/or projects that were developed
through discussions at the retreat.
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RECOMMENDATIONS:
Approval of Resolution #080, Series 2025.
CITY MANAGER COMMENTS:
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RESOLUTION #80
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ADOPTING THE 2025-2027 CITY COUNCIL PRIORITY
PROJECTS AND GOALS.
WHEREAS, the City Council has a long history of establishing goals to
direct priorities of the city; and,
WHEREAS, the goals of City Council guide the actions of City Council and
the City Administration in budgeting and programming initiatives; and
WHEREAS, City Council desires to formally adopt goals for the period
from 2025-2027 to guide the city in shaping its future; and
WHEREAS, many of the priorities identified by Council during the goal
setting session held on May 19-20, 2025, are long-term projects which may take
years of meaningful work to effect change; and
WHEREAS, the Aspen City Council desires to initiate these long-term
efforts during the 2025-2027 timeframe; and
WHEREAS, the Aspen City Council identified three priority projects that
will have generational impacts for the community; and
WHEREAS, Aspen has been a leader for decades in acknowledging the
need for affordable housing to maintain the community’s sustainability; and
WHEREAS, the importance of the affordable housing issue demands
meaningful actions that best leverage the resources of the city of Aspen in meeting
this critical community need; and
WHEREAS, the Lumberyard project responds to the urgent need for
affordable housing in the Aspen area through the construction of 100% affordable
housing units in three, four-story buildings;
WHEREAS, community connections are a fundamental component of a
healthy and vibrant city; and
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WHEREAS, strengthening the quality of life and well-being of residents,
and promoting affordability is important for the community’s success; and
WHEREAS, the Armory Hall redevelopment project is designed to create a
place to gather and the provision of affordable food; and
WHEREAS, the Aspen City Council is committed to working toward the
best transportation solutions to improve safety, traffic flow, and multi-modal
transportation; and
WHEREAS, Aspen also commits to continuing leadership in the
deployment of transportation demand management strategies; and
WHEREAS, the global climate crisis has direct impacts to regional ecology,
economics, communities, and the resiliency of essential systems, services and
infrastructure; and
WHEREAS, Aspen is facing an existential threat from climate change, with
higher temperatures being recorded across all seasons, more precipitation arriving
as rain rather than snow, and the annual frost-free period extending by over one
month since 1980; and
WHEREAS, more frequent wildfire events both locally and nationally
threaten the wilderness, private and public property, community health and safety,
including the risk of landslides and increased days of impaired air quality; and
WHEREAS, to continue to provide efficient and reliable water, stormwater
and electrical services; safe roads and bridges; and ADA accessible pedestrian
improvements for the community, the city commits to prioritizing and advancing
infrastructure projects, and
WHEREAS, governmental and community services can be improved
through additional focus on community needs, customers, and effective,
responsive delivery of services; and
WHEREAS, the City Council has identified these areas of critical
importance to the continued success of the city of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
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Section 1. That the City Council of the City of Aspen hereby adopts the
following City of Aspen 2025-2027 Council Priority Projects, Council Goals and
principles to address these matters, and does hereby authorize the City Manager to
pursue said priorities and goals.
2025-2027 Priority Projects Council Goals and Council Goals
Council Priority Projects:
Armory Hall
Lumberyard Affordable Housing
Entrance to Aspen
Council Goals:
Early Childhood Education programmatic enhancement and optimization
Resource and infrastructure resilience, including fire safety
Traffic flow/congestion relief
These will be reviewed and accomplished through the following principles:
Improvement of core service delivery through process improvement with
the customer in mind
Staff support and retention
Outcome focus
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 27
th day of May 2025.
Rachael E. Richards, 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 on May 27, 2025.
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL MAY 13, 2025
Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose, and
Guth present.
SCHEDULED PUBLIC APPEARANCE:
Mayor Richards swore in the new APD officer, Marcin Debsky.
PUBLIC COMMENT:
Ruth Harrison – Ms. Harrison said she is here to speak about Mark Tye. She named off all of Mark Hunts
sitting projects that look terrible in town. She said people love Mark Tye’s signs and yard. The whole
thing is so deplorable. What a waste of time and money.
Mayor Richards said this topic will be discussed tonight in the executive session.
Jay Maytin – Mr. Maytin said our code doesn’t handle content on a sign. The city went to Mr. Tye’s
house and looked for something that was wrong. It’s a waste of time and money. Listen to the public.
The public gathering was large. Let’s be smart.
Charlie Tarver – Mr. Tarver said this is about an affordable housing project. He spoke about common
area.
Francis Stuckins – Mr. Stuckins spoke about bags at Carl’s Pharmacy. He thinks they should have the city
pair up with EverGreen ZeroWaste to have recyclable bags around town and recycling bins.
Mike Maple – Mr. Maple said he is here speaking about the demolition allotment program, and he is
incredibly stressed about it.
Toni Kronberg – Ms. Kronberg said she is really proud of our council solving the 50-year-old question
regarding the entrance to Aspen. She is surprised there is not an item on the EOTC agenda about where
we stand currently. She is asking for an open house.
City Manager Comments:
Mr. Strecker said a number of information only memos and will be talked about in the retreat. It’s
cycling season and e-bikes are out.
COUNCILMEMBER COMMENTS:
Councilor Guth thanked Pete and said he is very very pleased with him.
Councilor Rose said he appreciates they are discussing Mark Tye in executive session. He spoke about
changing the bus time at BG3. He spoke about changing the charter from he to they. HPC will be
tomorrow, and they are speaking about the Armory. The BOCC will be discussing entrance to Aspen.
Councilor Benedetti said Kids First has a childcare needs assessment survey out currently.
Councilor Doyle shared something from NPR on the current climate conditions.
Mayor Richards said the Ride for the Pass will be Saturday the 17th. Callie’s Backyard is having a
fundraiser at Home Team BBQ on Thursday the 15th. She spoke about the Aspen ParkRun.
BOARD REPORTS:
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REGULAR MEETING ASPEN CITY COUNCIL MAY 13, 2025
Councilor Doyle said he had APCHA and also had Sister Cities where they had an Abatone presentation.
Councilor Guth spoke about the RFTA retreat and support for the fare free pilot program.
Mayor Richards said she also attended, and it was very well facilitated. She and Councilor Doyle also
went to the Future Forests meeting.
CONSENT CALENDAR:
Mayor Richards said they will hold out Resolution #069 for discussion.
Councilor Rose motioned to approve the remainder of the consent calendar; Councilor Guth seconded.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Resolution #069, Series of 2025 - RFTA Fare Free Pilot – David Pesnichek, Lynn Rumbaugh
Mayor Richards asked for a motion for a 250k contribution.
Councilor Guth asked if they have commitments from others. Mr. Pesnichek said not at this time. They
won’t know more until Thursday. They will ask the EOTC for the balance after this meeting.
Councilor Guth said he is very supportive of this, and it offers a variety of benefits to our valley.
Mayor Richards suggested 275k and said she is supportive of this.
Councilor Benedetti said she would like to see other communities contribute to this as well to show buy
in.
Councilor Rose motioned to approve for $275,000; Councilor Benedetti seconded. All in favor, motion
carried.
ACTION ITEM:
Resolution #068, Series of 2025 – 302 Roaring Fork Drive, Demolition Allotment – Haley Hart & Sara
Oates, owner rep
Ms. Hart introduced the item and said staff recommends that Council approve the resolution.
Councilor Rose asked how energy efficient it is. Ms. Oates said it’s been remodeled twice. At this point,
she won’t remodel, she needs a different living situation in her life, and she cannot afford a remodel.
Councilor Guth motioned to approve; Councilor Rose seconded.
Councilor Guth said he is beating a dead horse here. He hates so much putting community members
through this process. It’s not a simple process. He feels it’s unnecessary. He appreciates the fresh set of
eyes on this.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Resolution #074, Series of 2025 – Approving amendments to Resolution #061, Series of 2024- Nancy
Lesley, Sam Lovstad, Austin Weiss and David Goldberg
Ms. Lesley introduced the item. She said this amendment will include a VIP deck. It would add an
additional six feet to the tent, so not much larger in size. The stage would still remain the largest
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REGULAR MEETING ASPEN CITY COUNCIL MAY 13, 2025
footprint in the park. The other city departments have reviewed this request, and they received
parameters from them. There will be about 700-1000 additional attendees. She went through impacts,
which includes an additional three days of park use and road closures, and an additional three days of
no parking.
Mr. Goldberg said this allows us to overcome some flow issues. It’s not a hard set of numbers we are
looking for.
Mayor Richards asked about the number of attendees. He said it will increase but he doesn’t know an
exact number. They had 5000 attendees a day last year. Mayor Richards brought up ACES and the
wildlife and noise issue. He said the stage will be set up same as last year. He said the taller stage this
last year allowed them to point the speakers down to the crowd. They did readings down at ACES as
well.
Mayor Richards said they should work on signage better for this next year of what roads are closed and
give direction of how to access the parking garage.
Councilor Guth motioned to approve; Councilor Rose seconded.
Councilor Guth said he is supportive of this and that it is very professional. It’s great for the vibrancy and
vitality of Aspen. He is optimistic that this addition will bring even better talent to this venue.
Councilor Rose said the same thing.
Councilor Benedetti said they did a fantastic job with this festival. She is in full support and grateful.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
City Manager Executive Recruitment Next Steps – Alissa Farrell
Ms. Farrell said she is proposing a committee to choose a search firm. They want 2-3 council members
to be on the committee.
She said James R. True, Tyler Christoff and herself will be on the committee.
Councilor Rose volunteered and Councilor Doyle volunteered.
EXECUTIVE SESSION:
Katharine Johnson introduced the executive session.
Councilor Guth motioned to move into executive session; Councilor Rose seconded. Roll call vote:
Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
______________________
City Clerk, Nicole Henning
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MEMORANDUM
TO: Mayor Richards and City Council
FROM: Natalie Tsevdos, Air Quality Program Manager
THROUGH: Tessa Schreiner, Environmental Health and Sustainability
Manager
Ben Anderson, Community Development Director
MEMO DATE: May 19, 2025
MEETING DATE: May 27, 2025
RE: City of Aspen Clean Air Act Updates – First Reading
Ordinance #04, Series of 2025
_____________________________________________________________________
REQUEST OF COUNCIL: Staff request City Council review and approve the proposed
updates in Ordinance #04, Series of 2025, to Section 13.16.010 - City of Aspen Clean
Air Act, within the Municipal Code at First Reading.
SUMMARY AND BACKGROUND: In 1985, Aspen became one of Colorado’s first
municipalities to prohibit smoking in public places with the passage of a smoking
ordinance. The Aspen ordinance banned smoking in places such as restaurants, bars,
retail shops, and offices. In 2010, Council updated the smoking ordinance to include a
section prohibiting smoking outside on designated city owned properties, which includes
the City-County campus and the bridge between Aspen High School and the Aspen
Recreation Center.
In 2006, Colorado passed the Colorado Clean Indoor Air Act (CCIAA) banning smoking
in restaurants and City staff began using both the state act and city ordinance to protect
the public against secondhand smoke. In 2019, the state legislature updated the CCIAA
to include a ban on all nicotine products such as e-cigarettes and vaping. It also eliminated
most exemptions for smoking indoors, except for preexisting establishments where
primary sales were from tobacco products. With the closing of Eric’s in 2022, Aspen no
longer has any cigar bars that meet the preexisting establishment exemption.
Staff began the process to update the City of Aspen Clean Air Act in 2019, and the Covid-
19 pandemic and staff departures led to delays. Recent inquiries about the rules around
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smoking and vaping in Aspen highlighted the need for clarification and alignment of state
and city codes. Staff conducted outreach to food and beverage businesses on the CCIAA
in 2023 in response to several citizen concerns about indoor smoking and vaping. Staff
will conduct additional outreach to businesses on the City of Aspen Clean Air Act upon
Council’s approval of the proposed updates.
Since the 2019 update to the CCIAA, the section in Aspen’s code that remains relevant is
section 13.16.040(h), prohibiting smoking outside on designated city owned property. The
City’s ordinance currently does not address vaping and the use of e-cigarettes.
DISCUSSION: Many sections of Aspen’s current smoking ordinance are superseded
by the CCIAA. This causes confusion for staff and the public in the administration of the
ordinance and the protection of the public from secondhand smoke and vapor.
Staff propose replacing Aspen’s existing smoking ordinance with a new ordinance that
aligns with the CCIAA. This update will include:
• The definition of electronic smoking device and the prohibition of vaping and e-
cigarette use in all designated non-smoking areas
• The prohibition of smoking in outdoor public places when being used for a public
event, such as a farmer’s market
• Removal of the requirement for businesses to post “No Smoking” signs at all
public entrances
• Removal of language pertaining to designated smoking sections in eating
establishments
An updated smoking ordinance would provide staff and the public with a clear
understanding of the rules on smoking and vaping in and around public spaces. The
updates will make Aspen’s smoking regulations easier for the public to understand and
simpler for staff to administer.
FINANCIAL IMPACTS: The adoption of a new smoking ordinance does not require
additional funding. There will not be a financial impact for businesses from these
changes as the CCIAA has been in effect since 2019.
ENVIRONMENTAL IMPACTS: In 1964, the first Surgeon General's report on smoking
recognized the proven link between smoking and lung cancer. In 1986, the 19th Surgeon
General's report on “The Health Consequences of Involuntary Smoking” officially
acknowledged and emphasized the harmful effects of secondhand smoke. And in 1993,
the U.S. Environmental Protection Agency published a report concluding that secondhand
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smoke was responsible for approximately 3,000 lung cancer deaths each year in
nonsmoking adults and impairs the respiratory health of hundreds of thousands of
children.
In recent years, nicotine vapor products (e-cigarettes and vaping) have become popular,
especially among young adults and children. Per the Centers for Disease Control and
Prevention (CDC), the use of e-cigarettes is unsafe for kids, teens, and young adults.
Most e-cigarettes contain nicotine, which is highly addictive and can harm adolescent
brain development, which continues into the early to mid-20s.
E-cigarettes can contain other harmful substances besides nicotine. These products are
dangerous for the user, and they expose bystanders to secondhand vapor that is not safe
to breathe, including cancer-causing chemicals, heavy metals and nicotine.
An updated City of Aspen Clean Air Act will help protect the public from exposure to
secondhand smoke and vapor by providing smoke-free and vape-free public spaces with
clean air free of harmful chemicals. Restricting where smoking and vaping is permitted
also reduces environmental contamination from tobacco waste, such as cigarette butts.
ALTERNATIVES: Council could replace the existing ordinance with adoption of the
Colorado Clean Indoor Air Act (CCIAA) by reference and keep the section related to the
regulation of smoking on outdoor City owned property. This would have the same
protection for the public from secondhand smoke and vapor. Adopting the state act by
reference provides administrative efficiency, however, future changes would be
dependent on the state legislature and there would be less local responsiveness and
customization.
RECOMMENDATIONS: Staff recommends that Council approve Ordinance #04, Series
of 2025 at First Reading amending Section 13.16.010 - City of Aspen Clean Air Act, of
the Municipal Code.
If Council approves, staff is prepared to bring a Second Reading of the proposed
amendments to City Council on June 10th and will include a response to any questions
from Council received at First Reading.
CITY MANAGER COMMENTS:
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City of Aspen Clean Air Act
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ORDINANCE #04
SERIES OF 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REPEALING CHAPTER 13.16 SMOKING IN PUBLIC PLACES OF THE CITY OF
ASPEN MUNICIPAL CODE ENTITLED THE “CITY OF ASPEN CLEAN INDOOR AIR
ACT” AND REPLACING IT WITH A NEW CHAPTER 13.16 ENTITLED THE “CITY
OF ASPEN CLEAN AIR ACT”
WHEREAS,in 1985, Aspen became one of the first municipalities in Colorado to
prohibit smoking in public places with the passage of a smoking ordinance; and
WHEREAS,secondhand smoke has been repeatedly identified as a health hazard. In
2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to
secondhand smoke;and
WHEREAS,exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the
following:
Levels of secondhand smoke exposure outdoors can reach levels recognized as
hazardous, depending on direction and amount of wind, number and proximity of
smokers, and enclosures like walls or roofs;and
Smoking cigarettes near building entryways can increase air pollution levels by more
than two times background levels, with maximum levels reaching the “hazardous” range
on the United States EPA’s Air Quality Index;and
To be completely free from exposure to secondhand smoke in outdoor places, a person
may have to move 25 feet away from the source of the smoke, about the width of a two-
lane road;and
WHEREAS,Electronic Smoking Device (ESD) aerosol is not harmless water vapor as it
contains varying concentrations of particles and chemicals with some studies finding particle
sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;
and
WHEREAS,evidence supports that exposure to electronic smoking device aerosol,
including secondhand exposure, has immediate impacts on the human respiratory and
cardiovascular systems, and poses a risk to human health;and
WHEREAS,to reduce the risk of smoke-related health problems in Colorado, the Colorado
General Assembly passed legislation in 2006 known and cited as the “Colorado Clean Indoor Air
Act” (“the Act”) which prohibited smoking in indoor areas throughout the state; and
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WHEREAS,the General Assembly amended the Act in 2013 and again in 2019 to prohibit
marijuana smoking and the use of electronic smoking devices; and
WHEREAS,pursuant to the Act, local governments may enact and enforce smoking
regulations that cover the same subject matter as the Act that are as stringent as or more stringent
than the Act;and
WHEREAS,this Ordinance is intended to amend the City of Aspen Clean Indoor Air Act to
align with state law and expand prohibitions on smoking, including marijuana smoking and
smoking produced by an electronic smoking devices, in indoor spaces and public spaces so as to
reduce the risk of smoke-related health problems in the City of Aspen; and
WHEREAS,the City Council has determined that the health, safety and welfare of the
citizens, residents, and visitors of the City of Aspen will be served by this Ordinance, which
expands prohibitions on smoking in indoor and outdoor public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Section 13.16.010 through and including Section 13.16.100 of Chapter 13.16 of the City of Aspen
Municipal Code shall be repealed and replaced in its entirety as follows:
13.16.010. - Short Title.
This Chapter shall be known as and it may be cited as the “City of Aspen Clean Air Act.”
13.16.020. - Purpose.
The intent of this Chapter is to protect health, safety and welfare by prohibiting smoking, vaping
and the use of other tobacco products in designated public places, including outdoor and indoor
public spaces, and places of employment.
13.16.030. - Definitions.
The terms in this Chapter have the following meanings unless the context clearly indicates
otherwise.
Auditorium means the part of a public building where an audience gathers to attend a
performance, and includes any corridors, hallways, or lobbies adjacent thereto.
Bar means any indoor area that is operated and licensed under article 3 of title 44, Colorado
Revised Statutes (C.R.S.) primarily for the sale and service of alcohol beverages for on-premises
consumption and where the service of food is secondary to the consumption of such alcohol
beverages.
Business means a sole proprietorship, partnership, joint venture, corporation, or other business
entity, either for-profit or not-for-profit, including retail establishments where goods or services
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are sold; professional corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private clubs.
Cigar-tobacco bar means a bar as defined in 25-14-203(4) C.R.S., that in the calendar year
ending December 31, 2005, generated at least five percent or more of its total annual gross
income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the
rental of on-site humidors, not including any sales from vending machines. In any calendar year
after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross
income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the
rental of on-site humidors shall not be defined as a “cigar-tobacco bar” and shall not thereafter be
included in the definition regardless of sales figures.
Electronic smoking device or ESD
(a) Means any product, other than a product described in subsection (c) of this definition,
that contains or delivers nicotine, or any other substance intended for human
consumption and that can be used by a person to enable the inhalation of vapor or aerosol
from the product;
(b) Includes any product described in subsection (a) of this definition and any similar
product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor;
(c) Does not include a humidifier or similar device that emits only water vapor.
Employee means any person who:
(a) Performs any type of work for benefit of another in consideration of direct or indirect
wages or profit;
(b) Provides uncompensated work or services to a business or nonprofit entity;
(c) “Employee” includes every person described in paragraph (a) of this definition,
regardless of whether such person is referred to as an employee, contractor, independent
contractor, volunteer or by any other designation or title.
Employer means any person, partnership, association, corporation, business or nonprofit entity
that employs one or more persons. “Employer” includes, without limitation, the legislative,
executive, and judicial branches of state government; any county, city and county, city, or town,
or instrumentality thereof, or any other political subdivision of the state, special district,
authority, commission, or agency; or any other separate corporate instrumentality or unit of state
or local government.
Enclosed Area means closed in by a roof and four (4) walls with appropriate openings for ingress
and egress and is not intended to mean areas commonly described as public lobbies.
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Entryway means the outside of the front or main doorway leading into a building or facility that
is not exempted from this Chapter. Entryway also includes the area of public or private property
within twenty-five feet of the doorway.
Indoor area means any enclosed area or portion thereof of a location open to the public. The
opening of windows or doors, or the temporary removal of wall panels, does not convert an
enclosed area into an unenclosed.
Marijuana shall have the same meaning as in section 16 (2)(f) of article XVIII of the Colorado
State Constitution.
Outdoor Dining Area means any publicly or privately owned unenclosed area, including streets
and sidewalks, that is available to or customarily used by the general public or an employee, and
that is designed, established, or regularly used for consuming food or drink.
Person means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity, including government
agencies.
Place of employment means an area under the control of an employer where an employee or the
general public may enter in the normal course of operations, regardless of the hours of operation,
whether the area is enclosed or unenclosed including work areas and construction sites. A private
residence is not a “place of employment” unless it is used as a childcare, adult day care, or health
care facility.
Private Club means an organization, whether incorporated or not, where the owner, lessee, or
occupant of a building or portion thereof is used exclusively for club purposes at all times,
which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or
athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental
to its operation. The affairs and management of the organization are conducted by a board of
directors, executive committee, or similar body chosen by the members at an annual meeting.
The organization has established bylaws and/or a constitution to govern its activities. The
organization has been granted an exemption from the payment of federal income tax as a club
under 26 U.S.C. Section 501.
Public building means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of state government;
(b) Any county, city and county, city, or town, or instrumentality thereof, or any other
political subdivision of the state, a special district, an authority, a commission, or an agency;
or
(c) Any other separate corporate instrumentality or unit of state or local government
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Public Event means an event which is open to and may be attended by the general public,
including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades,
performances, and other exhibitions, regardless of any fee or age requirement.
Public place means any publicly or privately-owned place that is open to the general public,
regardless of any fee or age requirement, including, but not limited to, auditoriums, theaters,
entryways, elevators, plazas, public buildings, public events, public restrooms, shopping areas.
Reasonable Distance means a distance of twenty-five (25) feet from an entryway where smoking
is prohibited.
Restaurant means an eating establishment that is a place of employment, open to the public
including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public-
school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well
as kitchens and catering facilities where food is prepared on the premises for serving elsewhere.
The term restaurant includes the bar area within a restaurant.
Secondhand smoke means the complex mixture formed from the escaping smoke of a burning
tobacco product, also known as “sidestream smoke”, and smoke exhaled by the smoker.
Service area means any publicly or privately owned area, including streets and sidewalks, that is
designed to be used or is regularly used by one or more persons to receive a service, wait to
receive a service, or to make a transaction, whether or not such service or transaction includes
the exchange of money. The term “service area” includes, but is not limited to, areas including or
within twenty-five (25) feet of information kiosks, automatic teller machines (ATMs), service
lines, bus stops or shelters, or cab stands.
Smoke means the gases, particles, or vapors released into the air as a result of combustion,
electrical ignition, or vaporization, when the apparent or usual purpose of the combustion,
electrical ignition, or vaporization is human inhalation of the byproducts, except when the
combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation
is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is
not limited to, tobacco smoke, vapors from an electronic device, and marijuana smoke.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe or any other lighted or heated tobacco or plant product intended for inhalation, including
marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the
use of an Electronic Smoking Device (ESD).
Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp
cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and
sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
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suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for
smoking.
Tobacco product means:
(a) any product that is made from or derived from tobacco, or that contains nicotine, that
is intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by any other means, including but not limited to, a cigarette, a
cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(b) any electronic smoking device and any substances that may be aerosolized or
vaporized by such device, whether or not the substance contains nicotine; or
(c) any component, part, or accessory of subsection (1) or (2) of this definition, whether
or not any of these contains tobacco or nicotine, including but not limited to filters,
rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
Unenclosed area means any area that is not an enclosed area.
Work area means an area in a place of employment where one or more employees are routinely
assigned and perform services for or on behalf of their employer.
13.16.040. - Prohibition of smoking and tobacco product use in enclosed areas.
Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the following
places within the City of Aspen:
(a)Places of Employment;and
(b) Public Places.
13.16.050. - Prohibition of smoking and tobacco product use in unenclosed areas.
(a) Smoking and the use of Tobacco Products is prohibited in the following Unenclosed
Areas within the City:
(1) Service Areas; and
(2) Outdoor Dining Areas; and
(3) Places of Employment; and
(4) Any outdoor areas of City owned property which has been designated as a
non-smoking area. Such area shall be clearly marked with appropriate no smoking
signage; and
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(5) Other Public Places, when being used for a public event including, but not
limited to, a farmers’ market, parade, craft fair, festival, or any other event open
to the general public.
(b) Nothing in this Chapter prohibits any Person, Employer, or nonprofit entity with legal
control over any property from prohibiting Smoking and Tobacco Product use on any
part of such property, even if Smoking or the use of Tobacco Products is not otherwise
prohibited in that area.
13.16.060. - Reasonable smoking distance required.
(a) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any entryway into an Enclosed Area where Smoking is prohibited.
(b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any Unenclosed Areas in which Smoking is prohibited by this Chapter.
13.16.070. - Other requirements and prohibitions.
(a) No Person, Employer, or nonprofit entity shall knowingly permit Smoking or the use
of Tobacco Products in an area which is under the legal or de facto control of that Person,
Employer, or Nonprofit Entity and in which Smoking, or the use of Tobacco Products is
prohibited by law.
(b) No Person, Employer, or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as ashtrays or ash cans, within an area
under the legal or de facto control of that Person, Employer, or nonprofit entity and in
which Smoking or the use of Tobacco Products is prohibited by law, including, without
limitation, within a Reasonable Distance required by this Chapter from any area in which
Smoking, or the use of Tobacco Products is prohibited. Notwithstanding the foregoing,
the presence of ash receptacles in violation of this subsection shall not be a defense to a
charge of Smoking or the use of Tobacco Products in violation of any provision of this
Chapter.
(c) No Person, Employer, or nonprofit entity shall intimidate, threaten any reprisal, or
effect any reprisal, for the purpose of retaliating against another Person who seeks to
attain compliance with this Chapter.
(d) Each instance of Smoking or Tobacco Product use in violation of this Chapter shall
constitute a separate violation. For violations other than for Smoking, each day of a
continuing violation of this Chapter shall constitute a separate violation.
13.16.080. - Exemptions.
(a) Notwithstanding any provision to the contrary, nothing in this ordinance shall be
interpreted to restrict or otherwise regulate the use of a drug, device, or combination product
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(b) authorized for sale by the United States Food and Drug Administration, as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
(c) Cigar-tobacco bar
(d) Retail Marijuana Hospitality and Sales Business pursuant to 44-10-610, C.R.S
13.16.090. - Enforcement.
(a) The City Manager or the City Manager's designee shall be responsible for compliance
with this Chapter with regard to facilities which are owned, operated or leased by the
City.
(b) Any citizen who desires to register a complaint under this Chapter may initiate
enforcement with the City Manager or City Manager's designee.
(c) The City Manager or the City Manager's designee may enforce the provisions of this
Chapter by either of the following actions:
(1) Servicing notice requiring correction of any violation of this Chapter.
(2) Requesting the City Attorney to initiate appropriate enforcement proceedings,
including, without limitation, the initiation of a complaint in Municipal Court or
the institution of injunctive, abatement or other appropriate action to prevent,
enjoin, abate or remove such violation.
(d) Any person convicted of violating any provision of this Chapter shall, upon
conviction, be punished by a fine, up to the maximum amount allowed in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation thereof. Each day any violation of this Chapter shall continue shall
constitute a separate offense.
(e) Any remedies provided for herein shall be cumulative and not exclusive and shall be
in addition to any other remedies provided by law.
13.16.100. – Penalties and relief.
(a) Any person, upon conviction of a violation of any provision of this Title, shall be
subject to a fine, imprisonment or both a fine and imprisonment, as set forth in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation hereof. A violation of Chapter 13.16 shall be punishable by a fine
only. Each day any violation of this Title shall continue, shall constitute a separate
offense hereunder.
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Ordinance #04, Series of 2025
City of Aspen Clean Air Act
Page 9 of 10
(b) In addition to the penalties and relief provided for in Subsection (a) above, any person
found in violation of any provision of Sections 13.04.010 to 13.04.100 of this Title shall
reimburse the City for any expenses incurred in preventing pollution of the municipal
water supplies caused by said person, any expenses incurred in restoring municipal water
supplies to the standards set forth in Section 13.04.020 or any expenses incurred in
improving any intake, treatment facility or other part of the water works, which
improvement is necessitated by the violation found hereunder.
Section 3:
Any scrivener’s errors contained in the code amendments approved by this Ordinance, including
but not limited to mislabeled subsections or titles, may be corrected administratively following
adoption of the Ordinance.
Section 4: Effect Upon Existing Litigation:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: Severability:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6: Effective Date:
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become
effective thirty (30) days following final passage.
Section 7: Public Hearing:
A public hearing on this ordinance shall be held on the 10th day of June, 2025, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of May 2025.
ATTEST:
______________________________________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved on this 10th day of June 2025.
94
Ordinance #04, Series of 2025
City of Aspen Clean Air Act
Page 10 of 10
ATTEST:
_____________________________________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
APPROVED TO AS FORM:
___________________________
Katharine A. Johnson, City Attorney
95
MEMORANDUM
TO: Mayor Richards and Aspen City Council
FROM: Haley Hart, Long-Range Planner
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: May 19, 2025
MEETING DATE: May 27, 2025
RE: Resolution #072, Series of 2025
Request for Special Review for Top of Slope, Affordable Housing
Deferral Agreement, and Long-time Local Demolition Allotment
REQUEST OF COUNCIL: Council is asked to review an application submitted by Patrick
Rawley of Rawley Design Planners on behalf of James M. Cerise and Carolyn Barabe
(the Applicants) for the property at 790 Castle Creek Drive. The request is for Special
Review for Top of Slope, Affordable Housing Deferral Agreement, and the issuance of
one available 2026 “local” Demolition Allotment. Resolution #072, Series of 2025 is
written to approve the issuance of the Special Review, Deferral Agreement and
Demolition Allotment. This request is a Public Hearing and Staff recommends approval
of the resolution.
LAND USE REQUEST AND REVIEW PROCEDURES:
The Applicants request an Alternative Top of Slope Determination from what is specified
by the City of Aspen Stream Margin Map which requires a Special Review. Additionally,
the Applicants request to demolish the existing single-family residence with the issuance
of a Demolition Allotment, rebuild a duplex structure, and defer the Affordable Housing
Mitigation generated through the redevelopment. Typically, the Planning & Zoning
Commission reviews Top of Slope Determination, and Affordable Housing Mitigation
Deferral Agreement may be approved administratively. As the request includes a Long-
time Local Demolition Allotment request which is reviewed by City Council, the Applicants
have requested a combined review of all three items in front of the City Council.
The Applicants request the following land use approvals from City Council:
• Section 26.435.040.E - Special Review: An application requesting an appeal of the
Stream Margin Map’s Top of Slope Determination requires Special Review by the
Planning and Zoning Commission. Yet, the application requests a combined review
and City Council shall be the final review body.
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Resolution #072, Series of 2025
790 Castle Creek Drive
• Section 26.470.080.d.13 – Residential mitigation deferral agreement: For property
owners qualified as a full-time local working resident, an affordable housing
mitigation Deferral Agreement may be accepted by the City of Aspen subject to the
Aspen/Pitkin County Housing Authority Employee Housing Regulations. This allows
deferral of the mitigation requirement for residential development until such time as
the property is no longer owned by a full-time local working resident. This may be
done administratively with APCHA and the Community Development Department.
The Applicants request a combined review and City Council shall be the final review
body.
• Section 26.470.100.G - Additional allotments for local property owners of Single-
Family and Duplex Redevelopment or Expansion that does trigger Demolition: Any
property owner within the City who applied for an allotment through Section
26.470.090 and was not granted an allotment due to a lack of allotments available
for the calendar year can request an allotment from future years. This review
procedure is available only to property owners who can establish, through such
procedures and documentation set forth below, that the property proposed for
redevelopment or expansion has been owned and occupied by the applicant or
applicant's immediate family members for at least 35 years. City Council shall be
the final review body.
SUMMARY OF PROJECT:
The property, 790 Castle Creek Drive, is located in the R-30 (Low Density Residential)
Zone District and part of the Castle Creek Subdivision. The lot size is 58,010 square feet
with a sharp descending slope (greater than 40% for 100 feet) on the east side (rear yard)
of the property to Castle Creek (See Figure 1). 790 Castle Creek abuts Castle Creek yet
does not have an established Top of Slope for Stream Margin Review as Stream Margin
Top of Slope was only established for properties along the Roaring Fork River. For
properties along Castle Creek, redevelopment entails establishing a Top of Slope.
Additionally, as the applicant proposes demolishing the current improvements, an
allotment shall be secured.
Figure 1:
790 Castle
Creek Drive
97
Page 3 of 7
Resolution #072, Series of 2025
790 Castle Creek Drive
STAFF COMMENTS:
Section 26.435.040.E - Special Review:
Chapter 26.435.010.b – Purpose, states that Stream Margin review is for “areas located
within one hundred (100) feet, measured horizontally, from the high water line of the
Roaring Fork River and its tributary streams…development in these areas shall be subject
to heightened review as to reduce and prevent property loss by flood while ensuring the
natural and unimpeded flow of watercourses.”
Staff acknowledges that 790 Castle Creek Drive is a unique lot with unique conditions in
regard to Stream Margin and Special Review due to the length and slope of the lot. The
purpose of the Special Review for this property is to create, in sense, a building envelope
so there is clarity regarding where redevelopment may occur although completely outside
of the Stream Margin Review area. Currently, 790 Castle Creek Drive does not have a
Top of Slope, or 100-foot Stream Margin review area established as the corridor along
Castle Creek was not included in the City’s Stream Margin assessment. As these
properties that do not have existing Stream Margin parameters come into review for
redevelopment, it is staff’s intent to work with the owners and applicants to establish such
to give clarity on redevelopment opportunities while ensuring the preservation and
protection of watercourses, riparian zones, and natural features is a priority.
The Applicants propose to establish the Top of Slope and 100-foot Stream Margin review
area to ensure that redevelopment is done in compliance with Stream Margin standards.
The applicant requests Special Review to determine the Top of Slope which has been
reviewed by City of Aspen Engineering. The City of Aspen Engineering Department
conducted a site visit with a licensed surveyor on February 26, 2025. Both individuals
found that on-site conditions reflected the Top of Slope as proposed in this resolution
(See Figure 2).
Figure 2:
Proposed Top of
Slope and 15-foot
Setback
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Resolution #072, Series of 2025
790 Castle Creek Drive
No new development is proposed within the Top of Slope or 15-foot Setback. Additionally,
the project is not subject to Stream Margin Review as the Top of Slop is setback
approximately 390-feet from the rear yard property line, approximately 305-feet from the
apparent high-water line, and over 100-feet from the 100-year flood plain as designated
by FEMA (See Figure 3). This property is unique in that a Special Review for a Top of
Slope Determination is needed for redevelopment, yet due to the site constraints and
approximately 100-feet of greater than 40% steep slopes between the improvements and
Castle Creek, Stream Margin review is not needed.
Staff finds that the Applicants met the Review Criteria as defined in Section 26.040.C.e –
Special Review (see Exhibit A) and recommends City Council approval with conditions
as outlined by Engineering.
Section 26.470.080.d.13 – Residential mitigation deferral agreement:
Per GMQS, full-time local working residents may defer the affordable housing mitigation
requirements for residential development until the property is no longer owned by a full-
time resident. Staff confirmed with the APCHA staff that although the Applicants are
retired, the documentation required from the owners to prove they have lived and worked
in Pitkin County and have remained residents since retirement would be the same and
include: proof that the property will remain the Applicants primary residence, employment
verification forms showing proof of employment in Pitkin County for at minimum 10 years
prior to retirement, paycheck stubs, W2’s, etc. These documents are included in the
application verifying Carolyn’s employment at Aspen Snowmass from 01/1977 – 08/2023
and Jim’s employment at Aspen Snowmass from 07/1974 – 11/2020.
The Applicants request an indefinite deferral for mitigation but as there are no paths for
this within the Land Use Code, staff recommends Council include the deferral agreement
as written in the code which will run with the property so long as the home serves as the
primary residence for a local working resident.
Figure 3: Distances from Castle Creek
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Resolution #072, Series of 2025
790 Castle Creek Drive
Additionally, the Applicants representative has requested consideration of additional
waivers of building permit fees and impact fees. Staff would like to note that there are no
available review paths within the Land Use Code at this time for this request, as proposed.
The sole path for a reduction of these additional fees would be through a 100% deed
restriction of the property to Resident Occupied (RO) per APCHA.
Section 26.470.100.G - Additional allotments for local property owners of Single-Family
and Duplex Redevelopment or Expansion that does trigger Demolition:
The Applicants additionally request a Long-time Local Demolition Allotment so that they
may demolish the existing single-family residence and rebuild a duplex. In the discussion
leading up to the passage of Ordinance #13, Series of 2022 (the primary ordinance
resulting from the residential building moratorium in 2022) Council was asked to provide
additional consideration to longtime locals within the larger topic of the residential
Demolition Allotment policies. Council agreed to provide two additional annual allotments
for local families who owned and occupied their homes for 35-years or more. It is
important to note that the request within this resolution is for one of the additional
allotments, if granted, and will be taken from future years’ available allotments.
The Community Development Department did not schedule a lottery for 2025, because
all 2025 Demolition Allotments had been entirely allocated by City Council in 2024
pursuant to Resolution #62, Series of 2024. Additionally, both 2025 Long-time Local
Allotments were allocated in 2024 via Resolution’s #142 and #143, Series of 2024.
Staff finds that the text pursuant to Section 26.470.110.G - Additional allotments for local
property owners of Single-Family and Duplex Redevelopment or Expansion that does
trigger Demolition, gives Council the ability to grant a future year allotment to any property
owner within the City who applied for an allotment through Section 26.470.090 and was
not granted an allotment due to a lack of allotments available for the calendar year to
request an allotment from future years. Up to two (2) allotments may be granted through
this process.
The process for this request requires an applicant to first pursue one of the six annual
demolition allotments that are generally available. If there are none available, a property
owner who meets the criteria for the 35+ Year Local Demolition Allotments can then
request Council review. The application requires the submittal of documentation showing
evidence of the ownership and occupancy of the property as part of the application.
790 Castle Creek Drive:
• February 16, 2024 – Pre-application Issued for Demolition Allotment Process
(and other related application contents within this memo and request)
• January 10, 2025 – Application for a Demolition Allotment, and other related
application requests, was received
• January 13, 2025 – Letter of Completeness was issued
• February 21, 2025 – Notice of Denial issued as no available Demolition
Allotments were available
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Resolution #072, Series of 2025
790 Castle Creek Drive
• February 26, 2025 – Amended Application received for “local” Demolition Allotment
(See Exhibit C)
• May 27, 2025 – Council review of request
The Demolition Allotment application for 790 Castle Creek Drive was handled in a manner
consistent with the process outlined in the Pre-application summary. The application was
denied due to not receiving a Demolition Allotments due to unavailability. An appeal was
not submitted, but Community Development staff did receive an amended application
pursuing one of the 2026 “local” Demolition Allotments. The following land use processes
are available to applicants as an alternative to appealing:
1. Consider reducing scope of demolition work;
2. Apply for a multi-year Demolition Allotment;
3. Own and occupy subject residence for minimum 35 years and apply for Local
Owner Allotment.
The application reflects the submission requirements, was deemed complete, and was
reviewed under the provisions of the LUC, specifically, 26.470.110.G - Additional
allotments for local property owners of Single-Family and Duplex Redevelopment or
Expansion that does trigger Demolition.
Any property owner within the City who applied for an allotment through Section
26.470.090 and was not granted an allotment due to a lack of allotments available for
the calendar year can request an allotment from future years. Up to two (2) allotments
may be granted through this process and shall not be deducted from a future year's
available allotments. This review procedure is available only to property owners who
can establish, through such procedures and documentation set forth below, that the
property proposed for redevelopment or expansion has been owned and occupied by
the applicant or applicant's immediate family members for at least 35 years. All other
property owners may request an allotment through the Multi-year development
allotment procedures outlined in Section 26.470.110(a). The following review criteria
shall apply to the consideration of the award of additional allotments pursuant to this
subsection (G):
(1) The property owner or immediate family members have owned and occupied
the property for at least thirty-five (35) years. Documentation evidencing
ownership and residency shall be provided, which may include but is not limited
to property transactions records, property tax remittance, voter registration
records, and the like. Additionally, signed affidavit(s) attesting to ownership and
occupancy for all thirty-five (35) years must be submitted.
The Applicants provides a narrative, accompanying property records, and an affidavit
describing the ownership of the property. The Applicants father, Martin J. Cerise,
purchased Lot 9, Castle Creek Subdivision in 1956 and constructed the existing single-
family residence. The Applicants have owned the property as tenants in common since
1981 as evidenced by a Deed recorded at the Pitkin County Clerk under Reception No.
101
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Resolution #072, Series of 2025
790 Castle Creek Drive
232610. The Applicants have attested through a notarized affidavit that they have lived
in the existing residence with their spouses since 1981. These documents describe
ownership and occupancy of the property by the Applicants for a period of 44 years,
with the property being within the family for a period of 69 years. In staff’s evaluation,
the application materials provide confirmation the property has been owned and
occupied for a period of 35 years or more in meeting the requirements of the code
provisions qualifying the applicant’s status as a “long-time local”.
Staff recommends approval of one 2026 Long-time Local Demolition Allotment, a
Deferral Agreement of Affordable Housing Mitigation, and Special Review under
Resolution #072, Series of 2025.
REFERRAL COMMENTS:
Engineering:
1. Utilities/Water: The plans shown in the land use case are not code compliant but
demonstrate that the property will be able to comply with all adopted regulations and
ordinances of the City of Aspen. Plans that meet all adopted regulations and ordinances
are required prior to permit issuance.
2. Top of Slope: No development is permitted within the Top of Slope and Top of Slope
Setback. All removals in this area may only be revegetated with native vegetation.
RECOMMENDATION:
Staff recommends approval of Resolution #072, Series of 2025.
EXHIBITS:
Resolution #072, Series of 2025
Exhibit A – Special Review Criteria
Exhibit B – Application
Exhibit C – Amended Application for “local” Demolition Allotment
102
Resolution #072, Series of 2025
790 Castle Creek Drive
Page 1 of 4
RESOLUTION #072
SERIES OF 2025
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.110.G,
SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE
DETERMINATION, AND A RESIDENTIAL MITIGATION DEFERRAL
AGREEMENT FOR 790 CASTLE CREEK DRIVE, LEGALLY DESCRIBED AS:
SUBDIVISION: CASTLE CREEK LOT: 9, COUNTY OF PITKIN, STATE OF
COLORADO
WHEREAS, on January 10, 2025 the Community Development Department
received an application from Patrick Rawley of Rawley Design Planners (Representative)
on behalf of James M. Cerise and Carolyn Barabe (Applicants) for the property at 790
Castle Creek Drive for Special Review for an Alternative Top of Slope Determination,
Residential mitigation deferral agreement, and Demolition Allotment pursuant to Land Use
Code Section’s 26.435.040.E - Special Review, Section 26.470.080.d.13 - Residential
mitigation deferral agreement, and 26.470.090.C - Single-family and duplex
redevelopment or expansion that does trigger demolition as defined by Chapter 26.580;
and
WHEREAS, the Community Development Department Staff reviewed the
application for demolition of an existing single-family residence and redevelopment of a
duplex residence for compliance with the applicable review standards and on January 13,
2025, a Letter of Completeness was sent after reviewing the application for compliance; and,
WHEREAS, subsequently, on February 21, 2025, a Notice of Denial was issued
by the Community Development Director in response to the Land Use application
component under Section 26.470.090.C, requesting a 2025 Demolition Allotment due to
no available 2025 Demolition Allotments; and,
WHEREAS, on February 26, 2025, Community Development received an
amended application from the Representative on behalf the Applicants for the property at
790 Castle Creek Drive, pursuing a 2026 Demolition Allotment under 26.470.110.G –
which allows two additional, annual allotments for long-time locals who have owned and
occupied their homes for more than 35 years; and,
WHEREAS, further, the Community Development Department referred the
Application to the City of Aspen Engineering Department and the City of Aspen Parks
Department for the request of Section 26.435.040.E - Special Review; and,
WHEREAS, the City of Aspen Engineering Department, the applicant's surveyor,
and the applicant's planning team met on-site and determined an appropriate Top of Slope
as there is no existing Top of Slope on the property; and,
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Resolution #072, Series of 2025
790 Castle Creek Drive
Page 2 of 4
WHEREAS, the City of Aspen Engineering Department, Representative, and
Applicant discussed and agreed upon a proposed Top of Slope and approves such proposed
changes to the Top of Slope with conditions; and,
WHEREAS, the Community Development Department referred the Application to
APCHA for the request of Section 26.470.080.d.13 - Residential mitigation deferral
agreement; and,
WHEREAS, APCHA and the Community Development Department found the
Applicant to qualify as a full-time local working resident and may defer the affordable
housing mitigation through a Deferral Agreement through the City of Aspen and APCHA;
and,
WHEREAS, Community Development staff have reviewed the application and
have provided a memorandum for City Council consideration recommending approval of
the request; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit
of public notice submitted to the record; and,
WHEREAS, City Council at a regular meeting on May 27, 2025, considered
Community Development’s recommendation, reviewed application materials and heard
testimony from the owner of the property and/or their Representative; and,
WHEREAS, by a vote of XX to XX (X-X) City Council approved Resolution #072,
Series of 2025, granting approval of a Demolition Allotment (Section 26.470.110.G), Special
Review for an Alternative Top of Slope (Section 26.435.040.E), and Residential mitigation
deferral agreement (Section 26.470.080.d.13); and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
A. A 2026 GMQS Demolition Allotment is granted to the Applicant for the
property at 790 Castle Creek Drive.
B. The Demolition Allotment is granted per 26.470.110.G – Additional Allotments
for local property owners of Single-Family and Duplex Development or
Expansion that does trigger Demolition.
C. The allotment is subject to the following conditions:
• All requirements of the Residential Demolition and Redevelopment
Standards in place on August 8, 2022, must be met prior to building
permit issuance.
• The building permit submission must include a signed and notarized
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Resolution #072, Series of 2025
790 Castle Creek Drive
Page 3 of 4
affidavit the property owner, or successors, will comply with the
requirements of the Building IQ program.
• The building permit submission must include a signed and notarized
affidavit the property owner, or successors, will comply with the
requirements of the Embodied Carbon requirement prior to receiving a
Certificate of Occupancy.
• Approval and related vesting are limited to the issuance of a GMQS
Demolition Allotment and Residential Demolition and Redevelopment
Standards. The property is subject to all other requirements of the Land
Use and Building Codes in effect at the time of building permit
submission.
Section 2:
The approved Top of Slope is identified in Exhibit A. The proposed remodel as depicted in
Exhibit A, meets applicable Review Criteria for Special Review with the following
Engineering conditions which shall be met prior to the issuance of a building permit:
1. Utilities/Water: The plans shown in the land use case are not code compliant but
demonstrate that the property will be able to comply with all adopted regulations and
ordinances of the City of Aspen. Plans that meet all adopted regulations and
ordinances are required prior to permit issuance.
2. Top of Slope: No development is permitted within the Top of Slope and Top of Slope
Setback. All removals in this area may only be revegetated with native vegetation.
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY, adopted this 27th day of May, 2025.
______________________________________
Rachael Richards, Mayor
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790 Castle Creek Drive
Page 4 of 4
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________
Nicole Henning, City Clerk Katharine Johnson, City Attorney
Exhibit A – Approved Site Plan and Top of Slope
106
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FLOOD AREAZONE AEBASE FLOODELEVATION:7796IRRIGATIONPUMP15' SETBACKAPPARENTTOP OF SLOPETREE TYPE SIZE DRIPTREE CHART1214" 28'12"24'CONIFEROUSELECTRICAL TRANSFORMERTELEPHONE PEDESTALFIRE HYDRANTWATER SHUTOFFSANITARY MANHOLEGAS METERELECTRICAL METERSCALE: 1" = 1,000'GVICINITY MAPEWATER LINESEWER LINETELEPHONE LINEWIRE FENCE LINECATV LINESURVEY NOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N08°18'55"W ALONG THE WESTERLY PROPERTY LINEBETWEEN THE SOUTHWEST CORNER OF LOT 9, A FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS24312 ANDTHE NORTHWEST CORNER OF LOT 9, A FOUND 1" IRON PIPE AS SHOWN HEREON.2. DATE OF FIELD SURVEY: JUNE 14 & 19, 2017.3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4. THIS SURVEY IS BASED ON CASTLE CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDEDNOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 AS RECEPTION NO. 105783. A BUILDING PERMIT SURVEYPREPARED BY DAVID W. MCBRIDE DATED 6/29/80, AN IMPROVEMENT SURVEY OF LOT 8 PREPARED BY ROBERTHUTTON DATED 9/2012 AND CORNERS FOUND IN PLACE AS SHOWN HEREON.5. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TOTITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY TRUE NORTH COLORADO, LLC.6. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. DISTANCES SHOWN IN PARENTHESIS IS OF RECORD AS SHOWN ON THE CASTLE CREEK SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 ASRECEPTION NO. 105783.9. UNDERGROUND UTILITIES SHOWN HEREON WERE MARKED BY ROARING FORK UTILITY LOCATORS AND THE CITYOF ASPEN WATER & SANITARY DISTRICT AND SHOULD BE VERIFIED PRIOR TO ANY EARTH MOVINGCONSTRUCTION.LOT 9 - CASTLE CREEK SUBDIVISION SITUATED IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPITKIN COUNTY PARCEL NO. 2735-122-06-001IMPROVEMENT & TOPOGRAPHIC SURVEYTRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 W. MAIN STREET-UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2017-145DATE: JUNE 26, 2017DRAWNRPKSURVEYEDLDVSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY020'10'40'SCALE: 1" = 20'NFEMA FLOOD ZONE INFORMATIONFEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 08097C0354-E HAVING AN EFFECTIVE DATE OFAUGUST 15, 2019.ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN (500-YEAR FLOODPLAIN.)SPECIAL ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD (500-YEAR FLOODPLAIN), AREAS OF 1% ANNUALCHANCE FLOOD (100-YEAR FLOODPLAIN) WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR DRAINAGE AREAS LESSTHAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOODZONE AE - THE 1% ANNUAL CHANCE FLOOD (100-YEAR FLOODPLAIN) WITH BASE FLOOD ELEVATIONS DETERMINED.BASE FLOOD ELEVATION FOR THIS PROPERTY IS 7796.SITEHIGHWAY 82CEMETERYLANEASPEN GOLFCOURSECITYOFASPENTREE TYPE SIZE DRIPTREE CHART38"16'412"20'510" 16'COTTONWOOD624" 40'720" 30'824" 30'91032" 40'1114" 28'1218" 36'1314" 28'1426" 40'1514" 20'1718DECIDUOUS20DECIDUOUS2136" 40'ASPEN228"16'DECIDUOUS23ASPEN2412"24'ASPEN2512"24'26272824" 48'DECIDUOUS298" 40'DECIDUOUS307"40'3116" 16'3222" 28'3328" 28'3424" 28'3518" 20'3630" 28'379" 18'386" 12'3940CONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOOD24" 40'CONIFEROUSCONIFEROUSASPENASPEN18" 24'18" 24'36" 40'8"16'ASPEN12" 24'12" 24'ASPENASPENCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSASPENASPENASPENASPEN9" 18'9" 18'41ASPEN10" 20'42ASPEN16"32'LEGENDELECTRIC LINE WOOD FENCEPROPERTY DESCRIPTION:PROPERTY ZONED:SURVEYOR'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER ITIS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED.4318" 48'CONIFEROUSNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATIONSHOWN HEREON.SLOPE LEGEND20% TO 30% (376± SQ.FT.)30% TO 40% (316± SQ.FT.)40% & GREATER (11,857± SQ.FT.)0% to 20% (45,461± SQ.FT.)107
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SCHEMATICLANDSCAPEPLANL2.00DATE:DRAWN BY:CHECKED BY:ISSUE:HISTORY:BAJSHEET TITLE:COLORADOCOTTAGEFOR PLANNINGPURPOSES ONLYNOT FOR CONSTRUCTION03.11.2025ADDRESS:790 CASTLE CREEKASPEN, CO 81611PARCEL #273512206001PSRDATE10.29.202411.25.202401.17.2025ISSUECONCEPTUAL DESIGNSCHEMATIC DESIGNSCHEMATIC DESIGNSTAMP PER DISCIPLINEPITKIN COUNTY STAMPSDRAFT0'5'10'20'SCALE: 1"= 10'-0"NORTHBERMS WITH NATIVE GRASSESEXISTING TREES TO REMAIN, TYP.PROPOSED COLLECTOR PONDSDETENTION POND; RE:CIVILPROPOSEDDUPLEXPROPOSED PERENNIAL BEDEXISTING LAWN TO REMAINPROPOSED DRIVEWAYPROPOSED DRIVEWAYEXISTING POND TO REMAINEXISTING DITCH LINE TO REMAINPROPERTY LINEPROPERTY LINEPROPOSED ORNAMENTAL TREESSETBACK LINE15' APPOVED TOP OF SLOPE SETBACKAPPROVED TOP OF SLOPEEXISTING STAIRS TO BE REMOVED108
Exhibit A
Special Review Criteria
Sec. 26.435.040. Stream margin review.
E. Special review. An application requesting a variance from the stream margin review standards
or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a special
review in accordance with common development review procedure set forth in Chapter 26.304.
The special review shall be considered at a public hearing for which notice has been published,
posted and mailed, pursuant to Subsection 26.304.060.E.3 Paragraphs a, b and c. Review is by the
Planning and Zoning Commission.
A special review from the stream margin review determination may be approved, approved with
conditions or denied based on conformance with the following review criteria:
1. An authorized survey from a Colorado professionally licensed surveyor shows a
different determination in regard to the top of slope and 100-year flood plain than the
Stream Margin Map located in the Community Development Department and filed
in the City Engineering Department; and
Staff Response: The Applicant is proposing a new top of slope determination and has
submitted a survey from a licensed surveyor showing the proposed Top of Slope and 100-
year flood plain. The top of slope determination site plan was submitted by a licensed
surveyor and referred to the City of Aspen Engineering for review. The proposed top of
slope as presented, is what was discussed and agreed upon between the Engineering Staff
member and the applicant. The Engineering Department has confirmed the proposed
alternative Top of Slope as sufficient and consistent with the alternative. Staff finds this
criterion to be met.
2. The proposed development meets the stream margin review standard(s) upon which
the Community Development Director had based the finding of denial.
Staff Response: Not applicable as proposed development does not necessitate a Stream
Margin Review, therefore a denial has not been issued.
109
LAND USE APPLICATION
James M. Cerise and Carolyn Barabe
790 Castle Creek Drive
Aspen, Colorado
PID: 273512206001
12 December 2024
An application for Demolition of the existing single-family residence and the
redevelopment of the property with a duplex and the establishment of Top of Slope.
Represented by:
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Demolition, development of duplex, and establishment of Top of Slope
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TABLE OF CONTENTS
• Project Overview and Code Response
• Attachment 1 – City of Aspen Community Development Department Land Use
Application
• Attachment 2 - Vicinity Map and Parcel Description
• Attachment 3 - Improvement Survey
• Attachment 4 – Affidavit with Documentation Evidencing Ownership and
Residency
• Attachment 5 - Architectural Plans with Landscape Plan
• Attachment 6 – Residential Design Standards (RDS) Approval
• Attachment 7 - Civil Engineering Report
• Attachment 8 - Previous Approvals
• Attachment 9 - Proof of Ownership
• Attachment 10 - Letter of Authorization
• Attachment 11 – City of Aspen Community Development Department
Homeowner Association Compliance Form
• Attachment 12 - Adjacent Property Owners within 300 feet
• Attachment 13 - Pre-application Conference Summary
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Project Overview
James M. Cerise and Carolyn Barabe (collectively the “Applicants”) submit this land use
application to demolish the existing single-family residence and to develop a duplex that
will serve as their primary residences. As the parcel is beyond the official City of Aspen
Stream Margin map, the Applicants wish to establish the Top of Slope from Castle
Creek. As part of this application, the Applicants will also seek Affordable Housing
Mitigation deferral as long-time locals.
The parcel is located at 790 Castle Creek Drive, PID #: 273512206001 (the “Property”).
This application is submitted in conformance with the Pre -application Conference
Summary PRE-24-003, dated 16 February 2024. Please note, the Pre-application
Conference Summary also contemplated the creation of an Accessory Dwelling Unit
(ADU). The Applicants will not seek the creation of an ADU at this time.
Property Overview
The Property is located in the Low-Density Residential Zone District (R -30) of the City of
Aspen and in the Castle Creek Subdivision. The Property contains 58,010 SF of gross
lot area. The Property extends from Castle Creek Drive on the west to Castle Creek on
the east. Red Butte Cemetery borders the Property to the north, with single -family
residential uses in the Castle Creek Subdivision to the south.
The existing development consists of a one (1) story single-family residence of
approximately 2,000 SF with a patio and wood deck. There is an approximately 650 SF
garage and a shed on the Property that will be removed during redevelopment. All
buildings are on the western side of the Property, above the Castle Creek riparian area.
The Cerise family has owned the Property since 1956. The Applicants, who are brother
and sister, have controlled the Property since 1981. The one (1) story single-family
residence was originally built in 1957.
Existing Site Conditions
The Castle Creek Homeowners Ditch enters the Property on the southern boundary line
and crosses the Property to the east before descending the steep slope. The ditch
wyes and feeds a small irrigation control structure immediately to the east of the existing
residence. This man-made water feature, along with a secondary pond, will continue to
supply water for irrigation on the Property. Discussions concerning the maintenance
and operation of the ditch have been pursued with the ditch company and the City of
Aspen Raw Water administrator.
Coniferous trees, planted by the Applicants’ family, line the western border of the
Property along Castle Creek Drive. Coniferous and cottonwood trees border the
northwestern edge of the Property adjacent to the cemetery. Aspens, serviceberry,
scrub oak, and other riparian plant communities predominate to the east of the home.
Castle Creek flows through the extreme eastern end of the property. Approximately
5,337 SF of the property lies below the high -water line of Castle Creek, as defined by
the City of Aspen Land Use Code. Portions of this area of the Property lie within the
Special Flood Hazard Area (Flood Area Zone AE). No development is proposed in this
area. An area of steep slope, which exceeds 40% in gradient, divides the Property. The
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area of steep slope has a wildfire hazard ranging from “very high” to “low.” No
development will occur below the top of slope.
Taking into account the areas under the high-water line and areas of steep slope, net lot
area is calculated to be 41,371.5 SF. This allows 6,502.29 SF of floor area for the
proposed duplex use.
Proposed Development
The Applicants are proposing to demolish the existing residence and develop a new
duplex for their primary residences. The proposed duplex will be located in the same
general area of the existing single-family residence. The driveway curb cut for the
existing residence will access the proposed southern unit of the duplex. The curb cut for
the existing garage will be used to access the proposed northern unit of the duplex.
The garage curb cut was reviewed with Kyla Smits of the City of Aspen Engineering
Department. Kyla did not express concerns with maintaining the two curb cuts and they
were both shown on the 2012 GIS map. The Applicants will seek formal Engineering
approval as part of the redevelopment process. Residential Design Standard (RDS)
approval was granted Kevin Rayes on 8 August 2024. No RDS variations are required.
The architectural character of the proposed duplex enhances the neighborhood by
introducing two inviting front porches. The mountain -modern design blends the family's
history with the current Aspen aesthetic. Given this family's strongly rooted history in
Aspen over the last 70 years, we aimed to create a home that could be cherished and
passed along to future generations, much like their current home. The duplex features a
cohesive overall design while allowing for individuality on each side. By angling t he
building to parallel the southern property line, we achieved greater privacy for each
residence and capitalized on views to the east. The primary living spaces are all located
on the main floor to support multigenerational use.
This home is designed to be constructed with a panelized system, an efficient technique
that helps reduce costs significantly. The system utilizes airtight, high-performance
panels for the exterior walls, floors, and roofs, ensuring both durability and energy
efficiency. The construction duration and neighborhood impacts are significantly
reduced with panelized construction.
Affordable Housing Deferral
The Applicants look forward to seeking an Affordable Housing mitigation deferral in light
of their long-time residency and work history in the City of Aspen. The Applicants
believe that it is important that the City of Aspen recognize its long -time locals by
providing additional financial support in connection with the redevelopment of the family
property.
The Applicants are 5th-generation Aspenites and can trace their family history in the
Roaring Fork Valley to the 1800’s. The Applicants and their families have lived in Aspen
their entire lives. Carolyn Barabe and her husband Leo have a daughter who is a
teacher in the Aspen schools, striving to do the same. The Applicants look forward to
one day transferring the home to their daughter and her family to continue the tradition.
The Applicants urge the City Council to consider this in their review of this applicatio n
and they look forward to working with staff to create the family home for generations yet
to come.
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Demolition, development of duplex, and establishment of Top of Slope
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Land Use Code Response
Chapter 26.410. - RESIDENTIAL DESIGN STANDARDS
Sec. 26.410.010. - General.
(a) Intent. The City's Residential Design Standards are intended to ensure a strong
connection between residences and streets; ensure buildings provide articulation to
break up bulk and mass; and preserve historic neighborhood scale and character.
The standards do not prescribe architectural style, but do require that each home,
while serving the needs of its owner, contribute positively to the streetscape. The
Residential Design Standards are intended to achieve the following objectives:
(1) Connect to the Street. Establish a visual and/or physical connection between
residences and streets and other public areas. The area between the street
and the front of a residential building is a transition between the public
realm of the neighborhood and the private realm of a dwelling. This
transition can strongly impact the human experience o f the street. Improve
the street experience for pedestrians and vehicles by establishing physical
and visual relationships between streets, and residential buildings located
along streets. Porches, walkways from front entries to the street, and
prominent windows that face the street are examples of elements that
connect to the street.
(2) Respond to Neighboring Properties. Reduce perceived mass and bulk of
residential buildings from all sides. Encourage a relationship to adjacent
development through similar massing and scale. Create a sense of continuity
through building form and setback along the streetscape. Providing off sets
or changes of plane in the building facades or reducing the height near side
lot lines are examples of responding to neighboring properties.
(3) Reflect Traditional Building Scale. Retain scale and proportions in building
design that are in keeping with Aspen's historic architectural tradition, while
also encouraging design flexibility. Reinforce the unique character of Aspen
by drawing upon the City's vernacular architecture and ne ighborhood
characteristics in the design of structures. Encourage creative and
contemporary architecture, but at a scale that respects historic design
traditions. Ensure that residential structures respond to "human -scale" in
their design. Ensure that residential structures do not visually overwhelm or
overshadow streets. Windows that are similar in size to those seen in
historic Aspen architecture or limiting the height of a porch to be in line with
the first story of a building are examples of reflecting traditional building
scale.
The design of the proposed duplex complies with the City’s Residential
Design Standards and has received RDS approval. The proposed duplex
will be compatible to neighboring properties in both size and appearance. A
strong connection between the duplex and Castle Creek Drive will be
created by street facing elements as well as site features that will draw the
pedestrian into the site. The careful design of the duplex features various
forms that will break up the bulk and massing of the duplex. The design
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also reflects the unique needs of the Applicants and will serve to continue to
function as the family home as the Property has since the 1950s.
(b) Applicability. Except as outlined in Section 26.410.010(c), Exemptions, this Chapter
applies to all residential development in the City, except for residential development
within the R-15B zone district. Specific applicability for each standard is identified
within each standard.
(c) Exemptions. No residential development shall be exempt from the provisions of this
Chapter unless the Community Development Director determines that the proposed
development:
(1) Is an addition or remodel to an existing structure that does not change the
exterior of the building; or
(2) Is a remodel of a structure where the alterations proposed change the
exterior of the building, but are not addressed by any of the residential
design standards; or
(3) Is a residential unit within a mixed -use building; or
(4) Is a designated historic resource listed on the Aspen Inventory of Historic
Landmark Sites and Structures. New buildings on a historic landmark lot are
not exempt.
Not applicable. The proposed duplex will be an entirely new
structure, is not located within a mixed -use building, and is not a
historic resource.
Sec. 26.410.020. - Procedures for Review.
(a) Determination of Applicability. The applicant may request a preliminary Residential
Design Standards pre-application conference with Community Development
Department staff to determine the applicability of the requirements of this Chapter
for the proposed development.
A pre-application conference has been conducted and feedback was
provided to the Applicants.
(b) Administrative Review. Consistency with the Residential Design Standards shall be
determined administratively, unless a variation is requested. The Administrative
Review process will result in a determination of approval or denial for compliance
with the Residential Design Standards.
The RDS were reviewed with staff administratively. Approval was
granted 8 August 2024. Copies of the approval stamped plans have
been submitted with this application.
Sec. 26.435.040. - Stream margin review.
(a) Applicability. The provisions of the stream margin review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high
water line of the Roaring Fork River and its tributary streams and to all development
within the Flood Hazard Area, also known as the 100-year flood plain.
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The Property is located beyond the official Stream Margin map of the City
of Aspen. Due to this, staff has determined that the Applicants will need to
establish the Top of Slope on the Property as part of this land use
application.
(b) Stream margin review standards. No development shall be permitted within the
stream margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all
requirements set forth below.
No development is proposed within the Stram Margin area. All
development will remain to the west of the delineated Top of Slope in the
general area as existing development.
Sec. 26.470.090.c - Administrative applications.
(c) Single-family and duplex redevelopment or expansion that does trigger demolition as
defined by Chapter 26.580 Demolition and Redevelopment of Single -Family and
Duplex properties shall require a land use application pursuant to Chapter 26.304, the
allocation of a Growth Management allotment, and shall provide affordable housing
mitigation in one (1) of the methods described below.
The Applicants are requesting the allocation of a Growth Management
demolition allotment for long-tome locals.
1) Applicability. This review shall apply to all applications for development and
redevelopment of single-family and duplex project that triggers Demolition as
outlined Chapter 26.580, unless otherwise exempted in Section 26.580.050.
The Applicants proposed the development of a duplex, following full
demolition of the existing single-family residence. The duplex will
be the Applicants’ primary residence.
2) Procedures for review.
a. General. An application for a GMQS review of the Demolition and
Redevelopment of a single-family or duplex project shall be
submitted (subject to the requirements of Chapter 26.304, Chapter
26.580 and Section 26.470.090(c)) and will considered in an
Administrative Review by the Community Development Director.
Following review, an approval would be granted by a recorded
Notice of Approval and the issuance of a Development Order. On a
single parcel, the Demolition of a Single Family, two (2) detached
dwellings, or Duplex residential structure shall require one (1)
allotment.
The Applicants request Administrative Review for
Demolition and Redevelopment of a single-family or duplex
project. As it is anticipated that no demolition allotments
for long-time locals will be available, the Applicants will
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appeal the Administrative Review determination to City
Council.
b. Determination of applicability. The applicant may request a
preliminary Demolition pre-application conference with Community
Development staff to determine the applicability of the Chapter and
the application submission requirements. If a project is likely to
trigger Demolition, a meeting should be set up with a Zoning Officer
to confirm if the project is subject to Chapter 26.580, Demolition. An
applicant must request a Pre-application conference summary
outlining application requirements when a project tr iggers
Demolition pursuant to Chapter 26.580, Demolition.
The Applicants have held a pre-application conference with
Community Development staff and confirmed the
parameters of demolition and the process moving forward.
c. Timing. Applications for a Demolition Allotment shall be received
and processed on a first come, first serve basis. An application shall
not be reviewed or considered until determined "Complete" per
Chapter 26.304. An application may be submitted concurren tly with
a building permit application for the project. Once determined
"Complete" the application will be considered in order with any
other "Complete" applications, based on the date and time at which
the applications were determined "Complete". Once in review, the
ordering of applications for consideration of an allotment will
remain.
The Applicants are aware of the process for obtaining
Demolition Allotments. The Applicants will work with staff
to ensure the application for Demolition Allotment is
complete. As it is anticipated that no demolition allotments
for long-time locals will be available, the Applicants will
appeal the Administrative Review determination to City
Council.
d. Residential demolition and redevelopment standards. This
document sets the standards under which a redevelopment project
will be reviewed and will serve as the basis under which a project
will be approved for the issuance of a development allotment. This
document, as amended from time to time, is available on
Community Development's web page or may be requested from a
staff planner.
The Applicants understand the residential demolition and
redevelopment standards. The proposed duplex complies
with these standards.
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e. Combined reviews. An application for growth management review
may be a combined with development applications for other
associated land use reviews, pursuant to Section 26.304.060(b)(1),
Combined Reviews.
In addition to Demolition Allotments, the Applicants will
seek to delineate the Top of Slope. Additionally, the
Applicants will seek Affordable Housing mitigation deferral.
The deferral is an important measure that will ensure this
long-time local family will be able to stay in Aspen, a
community they had a significant part in creating.
f. Variations. An application requesting a Variation of the Residential
Demolition and Redevelopment Standards, or the review standards
identified below, shall be processed as a Special Review in
accordance with the common development review procedures set
forth in Chapter 26.304. The Special Review (Section 26.430.040(k))
shall be considered a public hearing for which notice has been
provided pursuant to Section 26.304.060(e)(3). Review is by the
Planning and Zoning Commission. In this case, the granting of t he
development allotment would not be granted until Planning and
Zoning Commission approves the special review.
No variations are requested.
g. Insufficient demolition allotments. Any property owner within the
City who is prevented from redeveloping a property because that
year's Demolition allotments have been entirely allocated may apply
for City Council Review for a Multi-Year Development Allotment
subject to Section 26.470.110(a).
As it is anticipated that no demolition allotments for long-
time locals will be available, the Applicants will appeal the
Administrative Review determination to City Council.
3) Review standards for projects requesting a demolition allotment.
a. Adequate growth management allotments are available for the
project and the project meets any applicable review criteria in
Chapter 26.470, Growth Management Quota System.
The Applicants understand the limited supply of Demolition
Allotments. As it is anticipated that no demolition
allotments for long-time locals will be available, the
Applicants will appeal the Administrative Review
determination to City Council.
b. The project shall meet the requirements of the Residential
Demolition and Redevelopment Standards prior to building permit
issuance. The project shall be subject to the Residential Demolition
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and Redevelopment Standards in effect at the time of building
permit submission is deemed complete.
The requirements of the Residential Demolition and
Redevelopment Standards will be met prior to building
permit issuance. The Applicants look forward to working
with staff in this regard.
4) Application contents. Applications for a Demolition allotment shall include all
application requirements outlined in Section 26.470.130 and Chapter 26.304,
in addition to the following:
a. Demolition diagrams depicting total area to be demolished
consistent with the methodology outlined in Section 26.580.040.
Demolition diagrams have been provided depicting total
area to be demolished. The entire existing structure will be
removed.
b. A written response to all applicable review criteria, including
responses to the Residential Demolition and Redevelopment
Standards, as amended from time to time pursuant to Chapter
26.580.
The Applicants submit this written request to the applicable
review criteria and will continue to work with staff to ensure
all materials and responses are provided, as necessary.
5) Affordable housing mitigation requirements.
a. Affordable housing mitigation requirements for free -market
residential development that triggers Demolition pursuant to
Chapter 26.580 shall be as follows. The applicant shall have four (4)
options:
i. Recording a Resident-Occupancy (RO), or lower, deed
restriction on the single-family dwelling unit or one (1) of
the residences if a duplex or two (2) detached residences
are developed on the property. An existing deed restricted
unit does not need to re-record a deed restriction.
ii. Providing a deed restricted one-bedroom or larger
affordable housing unit within the Aspen Infill Area
pursuant to the Aspen/Pitkin County Housing Authority
Guidelines (which may require certain improvements) in a
size equal to or larger than thirty (30) percent of the
Allowable Floor Area increase to the Free-Market unit. The
mitigation unit must be deed-restricted as a "for sale"
Category 2 (or lower) housing unit and transferred to a
qualified purchaser according to the provisions of the
Aspen/Pitkin County Housing Authority Guidelines.
iii. Providing a fee-in-lieu payment or extinguishing a
Certificate of Affordable Housing Credit in a full-time-
equivalent (FTE) amount based on the following schedule:
119
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
11
a. Employment Generation Rate: 0.107 per 1000
square feet of Mitigation Floor Area.
b. For redevelopment or renovation of an existing
single-family or duplex that meets the definition
of Demolition (Section 26.104.100), all
Mitigation Floor Area (existing and new) shall be
calculated toward employee generation and
required mitigation.
c. Affordable housing mitigation must be provided
at a Category 2 (or lower) rate. Certificates must
be extinguished pursuant to the procedures of
Chapter 26.540, Certificates of Affordable
Housing Credit. Fee-in-lieu rates shall be those
stated in Section 26.470.100 - Calculations;
Employee Generation and Mitigation, in effect
on the date of application acceptance. Providing
a fee-in-lieu payment in excess of .10 FTE shall
require City Council approval, pursuant to
Section 26.470.110(c).
iv. An affordable housing mitigation Deferral Agreement may
be accepted by the City of Aspen pursuant to Section
26.470.080(d)(12).
The Applicants request City Council to direct the
Community Development Director and the Aspen
Pitkin County Housing Authority to enter into a
Deferral Agreement for affordable housing
mitigation. As this deferral still seems punitive for
long-time locals that have lived and worked in this
community for multiple generations, the Applicants
will pursue a modification of the deferral to ensure
no affordable housing mitigation is required.
Sec. 26.470.110.a - City Council Applications - Multi-year Demolition Allotments
The following types of development shall be approved, approved with conditions or denied by
the City Council, pursuant to Section 26.470.060, Procedures for Review, and the criteria for
each type of development described below. Except as noted, all growth mana gement
applications shall comply with the general requirements of Section 26.470.080. Except as
noted, all City Council growth management approvals shall be deducted from the respective
annual development allotments.
Sec. 26.470.110.g - City Council Applications - Additional Allotments for Local Property Owners
(g) Additional allotments for local property owners of Single -Family and Duplex
Redevelopment or Expansion that does trigger Demolition as defined by Chapter
26.580 and Section 26.470.090(c). Any property owner within the City who applied
for an allotment through Section 26.470.090 and was not granted an allotment
due to a lack of allotments available for the calendar year can request an
allotment from future years. Up to two (2) allotments may be granted through this
120
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
12
process and shall not be deducted from a future year's available allotments. This
review procedure is available only to property owners who can establish, through
such procedures and documentation set forth below, that the property proposed
for redevelopment or expansion has been owned and occupied by the applicant or
applicant's immediate family members for at least 35 years. All other property
owners may request an allotment through the Multi-year development allotment
procedures outlined in Section 26.470.110(a). The following review criteria shall
apply to the consideration of the award of additional allotments pursuant to this
subsection (g):
a. The property owner or immediate family members have owned and
occupied the property for at least thirty-five (35) years. Documentation
evidencing ownership and residency shall be provided, which may include
but is not limited to property transactions recor ds, property tax
remittance, voter registration records, and the like. Additionally, signed
affidavit(s) attesting to ownership and occupancy for all thirty -five (35)
years must be submitted.
The Applicants’ family has owned the Property since 1956. The
Applicants themselves have controlled the Property since 1981.
Documentation evidencing ownership and residency have been
provided.
b. The granting of the allotment furthers the goals, objectives and policies of
the Aspen Area Community Plan.
The Aspen Area Community Plan is aimed at preserving the
character of Aspen. Long-time locals such as the Applicant, are
the very essence of the character of Aspen. Ensuring that a
family that literally helped build the community is possibly the
penultimate way that the goals, objectives, and policies of the
AACP are met.
c. The project meets all review criteria in Section 26.470.090(c)(3), or a
variation is approved by the Planning and Zoning Commission.
The proposed duplex meets all review criteria and no variations
are requested.
Sec. 26.470.160.c – Appeals - Insufficient Development Allotment Appeal.
(c) Insufficient development allotments. Any property owner within the City who is
prevented from developing a property because that year's development allotments
have been entirely allocated may appeal to the City Council for development
approval. An application requesting allotments must first be denied due to lack of
necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply.
The City Council may take any such action determined necessary, including but not
limited to making a one-time increase of the annual development allotment sufficient
to accommodate the application.
121
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
13
As it is anticipated that no demolition allotments for long -time locals will be
available, the Applicants will appeal the Administrative Review
determination to City Council.
Chapter 26.580. - DEMOLITION
Sec. 26.580.030. - Applicability.
This Chapter applies to land use applications and building permit submissions for
development within the City limits for projects that that meet or exceed the definition of
Demolition, unless exempted by Section 26.580.050.
All portions of the existing development, which was constructed in 1957 and no
longer serves the purposes of the Applicants, will be removed.
Sec. 26.580.040. - Measurement of demolition.
The Applicant proposes a complete demolition of the existing surfaces or a 100%
removal.
Sec. 26.710.080. - Low-Density Residential (R-30).
(a) Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, Short-term Rentals, and
customary accessory uses. Recreational and institutional uses customarily
found in proximity to residential uses are included as conditional uses. Lands
in the Low-Density Residential (R-30) Zone District are typically located along
river frontages in outlying areas of the City.
The proposed duplex will serve as the Applicants’ primary, long -
term residence.
(b) Permitted uses. The following uses are permitted as of right in the Low-
Density Residential (R-30) Zone District:
(1) Detached residential dwelling.
(2) Duplex.
(3) Triplex or Fourplex, if One Hundred (100) Percent Deed -Restricted
Affordable Housing.
(4) Existing multi-family housing, if One Hundred (100) Percent Deed -
Restricted Affordable Housing. Existing multi-family housing that is not
One Hundred (100) Percent Deed-Restricted Affordable Housing remains a
nonconforming use. New multi-family housing is not permitted, except for
triplexes and fourplexes as described in subsection (3) above.
(5) Home occupations.
(6) Accessory buildings and uses.
(7) Accessory dwelling units and carriage houses meeting the provisions of
Chapter 26.520.
(8) Short-term Rentals. Pursuant to Chapter 26.530.
122
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
14
The proposed use of the Property will be for duplex. The duplex will
house the Applicants and their families. Accessory structures may
be proposed in the future.
(c) Conditional uses. The following uses are permitted as conditional uses in the
Low-Density Residential (R-30) Zone District, subject to the standards and
procedures established in Chapter 26.425:
(1) Arts, cultural and civic uses.
(2) Academic uses.
(3) Agricultural uses.
(4) Recreational uses.
(5) Group home.
(6) Child care center.
No conditional uses are proposed by the Applicants.
(d) Dimensional requirements. The following dimensional requirements shall
apply to all permitted and conditional uses in the Low-Density Residential (R-
30) Zone District:
(1) Minimum Gross Lot Area (square feet): 30,000
(2) Minimum Net Lot Area per dwelling unit (square feet):
a. Detached residential dwelling: 30,000
b. Duplex: 15,000
c. One Hundred (100) Percent Deed-Restricted Affordable Housing;
triplex, fourplex: No requirement.
d. One Hundred (100) Percent Deed-Restricted Affordable Housing;
existing multifamily: No requirement.
(3) Minimum lot width (feet): 100
For lots proposed for One Hundred (100) Percent Deed-Restricted
Affordable Housing: 30
(4) Minimum front yard setback (feet):a.Residential dwellings: 25b.Accessory
buildings and all other buildings: 30
(5) Minimum side yard setback (feet): 10
(6) Minimum rear yard setback (feet):
a. Residential dwellings: 15
b. Accessory buildings: 5
c. All other buildings: 30
(7) Maximum height (feet): 25
(8) Minimum distance between principal and accessory buildings (feet): 10
(9) Percent of open space required for building site: No requirement.
(10) Floor area ratio (applies to conforming and nonconforming lots of
record):
a. Single-Family and Duplex.
Each City historic transferable development right certificate
extinguished, pursuant to Chapter 26.535, Transferable Development
Rights, shall allow an additional two hundred fifty (250) square feet of
floor area. Each residence on the parcel, excluding ac cessory dwelling
units and carriage houses, shall be eligible for one (1) floor area
increase in exchange for the extinguishment of one (1) historic TDR.
Properties listed on the Inventory of Historic Landmark Sites and
Structures shall not be eligible for this floor area increase.
123
790 Castle Creek Drive, Aspen, Colorado PID: 273512206001
Demolition, development of duplex, and establishment of Top of Slope
12 December 2024
15
Nonconforming uses and structures shall not be eligible for this floor
area increase. No more than one (1) floor area increase shall be
allowed per residence, with the following exceptions:
i. Non-historic properties with a net lot area of 30,000 sf or
larger that contain only a single family residence are
eligible to extinguish up to two (2) historic TDRs.
b. One Hundred (100) Percent Deed-Restricted Affordable Housing;
Triplex or Fourplex: Allowable Floor Area shall be consistent with the
Allowable Floor Area for a Duplex or Two Detached Dwellings as
indicated in the table in subsection (10)a., above.
c. One Hundred (100) Percent Deed-Restricted Affordable Housing;
Existing Multifamily: 0.75:1 FAR. Existing multifamily that is not One
Hundred (100) Percent Deed-Restricted Affordable Housing remains a
nonconforming use and is limited to its existing floor a rea.
All dimensional requirements of the R-30 zone district will be met
by the proposed duplex. The Applicants are not proposing to utilize
City of Aspen Historic TDRs.
124
Attachment 1125
9,028
1,504.7
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet01,504.7752.33
Notes
Vicinity Map
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 10:12 AM 04/08/24 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 9K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
County Line
Wilderness Area
Peaks and Passes
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
Attachment 2
126
Report Created: 12/2/2024 1:43:56 PM
Parcel ID: 273512206001Pitkin County
Community Development Report
Library District
School District
Fire District
Water District
Within 1/4 Mile of Sewer Service
Sewer System
Caucus
Land Use Category
2000 Sq. FeetImprovements
Assessor's Information
Township, Range, Section
55016.28 Sq. Feet
790 CASTLE CREEK DR
Aspen
GIS Parcel Size
Address (Assessor's Records)
Jurisdiction
Services
Boundaries
Property Information
1112: Residential-Single Family Residence
Aspen Consolidated Sanitation District
Aspen Consolidated Sanitation District
City of Aspen Water Service Area
Aspen Fire Protection District
Aspen School District No. 1 (RE)
Pitkin County Library
Not within a Caucus Area
Address (GIS Points)790 CASTLE CREEK DR
790 CASTLE CREEK DR ASPEN, CO 81611
R005306
CERISE JAMES MOwner
Account
Owner Address
790 CASTLE CREEK DR ASPEN, CO 81611
R005306
BARABE CAROLYNOwner
Account
Owner Address
T:10, R:85, S:12
Subdivision: CASTLE CREEK Lot: 9Legal Description
Subdivision: CASTLE CREEK Lot: 9Legal Description
127
Outlet Castle Creek
Castle Creek
No Wildfire Hazard Classification
Within a Scenic View
100-year flood (AE), 500-year flood (0.2 PCT), Floodway
Castle Creek
Watershed Subbasin
Watershed Drainage
Wildfire
Scenic
Floodplain
Within 100 Feet of Creek or River
Historic District
Zone District Overlays
Master Plan Area
Caucus
Environmental Areas
Boundaries
Address
Retired Parcel
Documents
Parcel 273512206001
None Found
Not within a Caucus Area
Aspen Area Community Plan (AACP)
No Zoning Overlay on this parcel
Not within a Historic District
Floor Area Overlay Not within a Floor Area Zone Overlay
Refer to local regulationsZone District
None Found
Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been
made to ensure that the information and data contained in the report 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.
http://www.pitkinmapsandmore.com
Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the
content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the
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or distribution of any information or data obtained on this web site.
Disclaimer
Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted.
In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the
boundary of more than one data area, for example, multiple Precincts. Visit the Pitkin County GIS Department at
128
EG123456789101112131415171820232428293031323334353637383940SITE BENCH MARKFOUND 1" IRON PIPEIN WIRE FENCE LINEELEVATION: 7871.04425.0' WITNESS CORNERFOUND REBAR & 1-1/4"ORANGE PLASTIC CAPLS38215 AT TOP OF BANK363.8' WITNESS CORNERFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS24312 AT TOP OF BANKFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS24312FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPLS ILLEGIBLE41NEIGHBOR'S DECKHIGH WATER LINECASTLE CREEKJUNE 2017TOE
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EXISTING
TOP OF SLOPE GARDENAREASHEDCONCRETEWOODRETAININGWALLWIRE FENCECONCRETEPLANTERPONDPONDWINDOWWELLGRAVELDRIVEGRAVELDRIVESIDEWALKPATIOWOODDECKSTEPSSTEPS42DITCH FLOWLINECONCRETERETAININGWALLSWALE GARAGE11.8'15.0'57.7'38.5'9.4'32.2'32.2'20.1'FFE:7872.0520.1'7.0'12.2'LEAN-TOCONCRETE36.4'20.0'5.6'32.2'20.0'14.4'14.9'7.0'FFE:7875.39FFE:7874.7021.5'30.4'1 - STORYFRAME HOUSE& BASEMENT790 CASTLE CREEKDRIVES
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K LOT 9TOTAL AREA1.332± AC.58,010± S.F.APPROXIMATESEWER SERVICESPECIAL FLOODZONE XFLOODWAY AREAIN ZONE AEBASE FLOODELEVATION:77967795
7800
7805
7810
7815
7820
7825
7830
7835
7840
7845
7850
7855
7860
7865787078747873 78727871N80°01'25"W 242.04'S38°47'59"E 2198.60'CITY OF ASPENGPS#10CITY OF ASPENGPS#20LOT 8RED BUTTE CEMETERYLOT10LOT 115
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K10' SETBACK10' SETBACK25' SETBACK30' SETBACKTHIS AREA EXCEEDS THE40% SLOPE RANGESWA
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S84°14'00"E 625.00'N89°34'51"W 530.31'(445'±)FLOOD AREAZONE X2122252627SWALEN08°18'55"W 129.96'BASIS OF BEARINGS (124'±)100' SETBACK43WOOD STEPSAREA BELOWHIGH WATER LINE0.419± AC.18,267± S.F.STREAM
MARG
INREV
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FLOOD AREAZONE AEBASE FLOODELEVATION:7796IRRIGATIONPUMPTREE TYPE SIZE DRIPTREE CHART1214" 28'12"24'CONIFEROUSELECTRICAL TRANSFORMERTELEPHONE PEDESTALFIRE HYDRANTWATER SHUTOFFSANITARY MANHOLEGAS METERELECTRICAL METERSCALE: 1" = 1,000'GVICINITY MAPEWATER LINESEWER LINETELEPHONE LINEWIRE FENCE LINECATV LINESURVEY NOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N08°18'55"W ALONG THE WESTERLY PROPERTY LINEBETWEEN THE SOUTHWEST CORNER OF LOT 9, A FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS24312 ANDTHE NORTHWEST CORNER OF LOT 9, A FOUND 1" IRON PIPE AS SHOWN HEREON.2. DATE OF FIELD SURVEY: JUNE 14 & 19, 2017.3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4. THIS SURVEY IS BASED ON CASTLE CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDEDNOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 AS RECEPTION NO. 105783. A BUILDING PERMIT SURVEYPREPARED BY DAVID W. MCBRIDE DATED 6/29/80, AN IMPROVEMENT SURVEY OF LOT 8 PREPARED BY ROBERTHUTTON DATED 9/2012 AND CORNERS FOUND IN PLACE AS SHOWN HEREON.5. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TOTITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY TRUE NORTH COLORADO, LLC.6. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88)REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S 159 HAVING AN ELEVATION OF7720.88.7. CONTOUR INTERVAL EQUALS 1 FOOT.8. DISTANCES SHOWN IN PARENTHESIS IS OF RECORD AS SHOWN ON THE CASTLE CREEK SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241 ASRECEPTION NO. 105783.9. UNDERGROUND UTILITIES SHOWN HEREON WERE MARKED BY ROARING FORK UTILITY LOCATORS AND THE CITYOF ASPEN WATER & SANITARY DISTRICT AND SHOULD BE VERIFIED PRIOR TO ANY EARTH MOVINGCONSTRUCTION.LOT 9 - CASTLE CREEK SUBDIVISION SITUATED IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPITKIN COUNTY PARCEL NO. 2735-122-06-001IMPROVEMENT & TOPOGRAPHIC SURVEYTRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYPO BOX 614 - 386 W. MAIN STREET-UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2017-145DATE: JUNE 26, 2017DRAWNRPKSURVEYEDLDVSHEET1 OF 1TRUENORTHA LAND SURVEYING AND MAPPING COMPANY020'10'40'SCALE: 1" = 20'NFEMA FLOOD ZONE INFORMATIONFEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 08097C0354-E HAVING AN EFFECTIVE DATE OFAUGUST 15, 2019.ZONE X - AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN (500-YEAR FLOODPLAIN.)SPECIAL ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD (500-YEAR FLOODPLAIN), AREAS OF 1% ANNUALCHANCE FLOOD (100-YEAR FLOODPLAIN) WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR DRAINAGE AREAS LESSTHAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOODZONE AE - THE 1% ANNUAL CHANCE FLOOD (100-YEAR FLOODPLAIN) WITH BASE FLOOD ELEVATIONS DETERMINED.BASE FLOOD ELEVATION FOR THIS PROPERTY IS 7796.SITEHIGHWAY 82CEMETERYLANEASPEN GOLFCOURSECITYOFASPENTREE TYPE SIZE DRIPTREE CHART38"16'412"20'510" 16'COTTONWOOD624" 40'720" 30'824" 30'91032" 40'1114"28'1218"36'1314"28'1426" 40'1514"20'1718DECIDUOUS20DECIDUOUS2136" 40'ASPEN228"16'DECIDUOUS23ASPEN2412"24'ASPEN2512"24'26272824" 48'DECIDUOUS298" 40'DECIDUOUS307"40'3116" 16'3222" 28'3328" 28'3424" 28'3518"20'3630" 28'379"18'386"12'3940CONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOODCOTTONWOOD24" 40'CONIFEROUSCONIFEROUSASPENASPEN18"24'18"24'36" 40'8"16'ASPEN12"24'12"24'ASPENASPENCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSCONIFEROUSASPENASPENASPENASPEN9"18'9"18'41ASPEN10"20'42ASPEN16"32'LEGENDELECTRIC LINE WOOD FENCEPROPERTY DESCRIPTION:PROPERTY ZONED:SURVEYOR'S CERTIFICATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, HOWEVER ITIS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED.4318"48'CONIFEROUSNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATIONSHOWN HEREON.SLOPE LEGEND20% TO 30%30% TO 40%40% & GREATER0% to 20%Attachment 3129
AFFIDAVIT
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The undersigned, Carolyn Barabe and James M. Cerise, being first duly sworn upon their
oath, state as follows:
1. Our father, Martin J. Cerise, purchased the property legally described as Lot 9,
Castle Creek Subdivision, according to the recorded plat thereof with a street
address of 790 Castle Creek Drive (“Property”), in 1956 from Fred Hinman. A Deed
evidencing the purchase and conveyance is attached hereto as “Exhibit A.”
2. Our father constructed the existing residence on the Property in 1957. This was the
family’s primary home where we were raised.
3. We have owned the property as tenants in common since 1981. A Deed evidencing
the conveyance of the Property is attached as “Exhibit B.”
4. We have continued to live in the existing residence with our spouses since 1981.
5. Virginia R. Cerise, as personal representative of the Estate of Martin J. Cerise,
Carolyn Barabe, and James M. Cerise, conveyed a 25% interest to both James M.
Cerise and Carolyn Barabe as tenants in common, a 35.821% interest as tenant in
common to the James M. Cerise and Carolyn A. Cerise Trust, as created under the
will of Martin J. Cerise, dated July 6, 1981, and a 14.179% interest as tenant in
common to Virginia R. Cerise. A General Warranty Deed evidencing the sale and
conveyance is attached hereto as “Exhibit C.”
6. Virginia R. Cerise sold and conveyed to James M. Cerise, as to an undivided 1%
interest as tenant in common and to Carolyn M. Barabe, as to an undivided 1 %
interest as tenant in common. A General Warranty Deed evidencing the sale and
conveyance is attached here to as “Exhibit D.”
7. Carolyn A. Cerise, James M. Cerise, the James M. Cerise and Carolyn A. Cerise Trust
as created under the Will of Martin J. Cerise dated July 6, 1981, and Virginia R.
Cerise for no consideration and for purposes of correcting and/or clarifying record
title, transferred and conveyed to Carolyn Barabee (sic) and James M. Cerise each
an undivided 50% interest as tenants in common. A General Warranty Deed
evidencing the sale and conveyance is attached hereto as “Exhibit E.”
8. Virginia R. Cerise, for no consideration and as a gift, transferred to James M. Cerise
an undivided 24% interest as tenant in common and transferred to Carolyn Barabe
Attachment 4
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131
132
133
134
135
136
137
138
139
140
141
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148
D
CASTLE CREEK DRIVESETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B A C K
3 0 '-0 "
LOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.123+/- AC.
5,337+/- S.F.EXISTING TOP OF SLOPE7870
7871
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7873
7872
7872
7871
WOOD RETAINING WALL
WIRE FENCE
DRIVEWAY
NORTH UNIT
SIDE PORCH
NORTH UNIT
ENTRANCE
DRIVEWAY
SOUTH UNIT
ENTRANCE
NORTH UNIT
BACK PORCH
SOUTH UNIT
BACK PORCH
N O R T H U N I T
S O U T H U N I T
PAVER PATHWAY
LANDSCAPE PLANTERNORTH UNIT
SOUTH UNIT 7865786078557850SOUTH
PATIO - 1
IRRIGATION PUMP
WOOD STEPS
MAILBOX
7872
78717872787378737872
7 8 7 2
7 8 7 1
7872
7 8 7 1
7870
U P
UP
UP
U P
PROPOSED COLLECTOR POND
RE: LANDSCAPE
PROPOSED COLLECTOR POND
RE: LANDSCAPE
REFERENCE TREE MITIGATION PLAN FOR ALL EXISTING, PROPOSED, AND DEMOLISHED TREES
100'-0 3/4"
7872.90
100'-0 3/4"
7872.9012'-0"12'-0"PROPOSED
ROOF LINE
RED BUTTE CEMETERY
S W A L EFROM PROPERTY LINE TO FINISH34'-11 27/64"F R O M P R O P E R T Y L I N E T O F I N I S H
3 1 '-1 "
LOT 8
UTILITY METERS
UTILITY METERS
UP
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
DATE
REVISIONS DATE
1" = 10'-0"
---LAND USE SITEPLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
PROPOSED SITE PLAN1
N
Attachment 5
149
DN
UP
UP
A-3.01
2
A C
(20% overall UNIT width = 10' min)10'-10 9/256"20% of overall UNIT width = 7'-6 min14'-3 7/8"A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
8°
A-3.05
2 12
SETBACK10'-0"SETBACK
25'-0"
SETBACK
30'-0"
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
OUTLINE OF
ROOF ABOVE
DASHED, TYP.
T.O.F.F.
T.O.F.F.
99'-6"
99'-6"
99'-6"
99'-6"
7872.33
7872.33
99'-11"
99'-11"
99'-11"
99'-11"
NORTH UNIT DRIVEWAY
SOUTH UNIT DRIVEWAY
NORTH UNIT ENTRANCE PATHWAY
116
N - GARAGE
109
N - M. BATH
108
N - M. CLST
106
N - STAIR CLST
101
N - ENTRY
113
N - KITCHEN
150
S - G. BDRM151
S - G. BATH
152
S - MUD/LDRY
141
S - STAIR
133
S - M. BATH
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O6'-0"15'-0"10"15'-0"22'-0"58'-10"A-3.04
3
102
N - COAT CLST
PN
FB
114
N - DINING
112
N- LIVING
110
N - M. BDRM
105
N - SITTING
103
N - LNDRY
104
N - PDR
155
S - GARAGE
154
S - PDR
147
S - G. CLST
146
S - PANTRY
145
S - KITCHEN
144
S - DINING
140
S - ENTRY
142
S - LIVING
130
S - DEN
131
S - BDRM 1
132
S - BATH 1
134
S - M. CLST
135
S - M. BDRM
138
S - MAIN HALL
99'-11"
100'-0 3/4"
100'-0 3/4"
7872.90
R
6'-0"4'-0"20'-0"9'-0"9'-0"16'-0"4'-0"
68'-0"
RDS
4'-0"
RDS
6'-0"13'-0"
9'-0"
14'-0"
10'-0"
56'-0"14'-0"14'-0"16'-0"44'-0"6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
W/D
A-3.04
1
wall mounted
coat rack
1'-6 1/2"RDS
6'-0"
RDS
4'-0"
153
S - ENTRY CLST
115
N - PTY
137
S - W/D
119
N - SIDE PORCH
120
N - BACK PORCH
118
N - FRONT PORCH
157
S - BACK PORCH
156
S - FRONT PORCH
139
N - PATIO 1
A-3.03
2
A-3.05
1
A-3.04
2
1'-8"
3
A-3.01 2
E
9 1/4"G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.01OVERALL MAINLEVEL PLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
MAIN LEVEL FLOOR PLAN1 N
150
DN
DN
A-3.01
2
A C
A-3.01 1
A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
A-3.05
2 12
206
N - G. BDRM
227
S - CLST 3
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O
A-3.04
3
PN
FB
R
6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
56'-0"6'-0"15'-0"10"15'-0"22'-0"58'-10"14'-0"14'-0"16'-0"44'-0"6'-0"4'-0"20'-0"9'-0"25'-0"4'-0"
68'-0"
8°
228
S - BDRM 3
226
S - BATH 3
225
S - BATH 2
222
S - BDRM 2
221
S - LOFT
5'-0 3/4"
6'-0"
4'-0"19'-0 1/4"10'-11 1/2"
7'-0 1/2"12'-7 3/8"A-3.04
1
202
N - LOFT
12'-0"
3 1/2"
5'-8 3/4"
3 1/2"
6'-3"
5 1/2"
6'-6"
3 1/2"
16'-3 1/2"3'-6"3 1/2"12'-3 3/4"3 1/2"6'-0"2'-8"
5 1/2"
3'-4 1/2"
9'-7 1/8"2'-1"201
N - STAIR
203
N - G. BATH
230
S - DECK 2
207
N - DECK 1
229
S - DECK 1
220
S - STAIR
A-3.03
2
A-3.05
1
3'-0 1/8"A-3.04
223'-0 15/16"23'-0 15/16"23'-6"EQ EQ
3
A-3.02 1
A-3.02
2
A-3.031
E
29'-0"
G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.02OVERALL UPPERLEVEL PLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
UPPER LEVEL FLOOR PLAN1 N
151
A-3.01
2
A C
A-3.01 1
A-3.01
4
A-3.01
3
2
4
5
6
13
11
Q
M
S
1
D H I
A-3.05
2 12
2
A-4.01
2
A-4.03
2
A-4.02
1
A-4.02
1
A-4.03
1
A-4.01
14
O
A-3.04
3
PN
FB
R
6'-0"4'-0"20'-0"9'-0"25'-0"4'-0"
68'-0"6'-0"15'-10"15'-0"22'-0"58'-10"8°
56'-0"14'-0"14'-0"16'-0"44'-0"6'-0"2'-0"3'-0"
22'-0"
4'-0"
19'-0"
A-3.04
1
4 1/2" / 12"4 1/4" / 12"A-3.03
2
A-3.05
1
A-3.04
2
3
A-3.02 1
A-3.02
2
A-3.031
E G
GENERAL PLAN NOTES
1. FOR GENERAL NOTES SEE A-0.01.
2. CONTRACTOR TO ESTABLISH PERMANENT BENCHMARK PRIOR TO
COMMENCEMENT OF WORK.
3. DO NOT SCALE DIMENSIONS FROM DRAWINGS.
4. DIMENSIONS PROVIDED ON DRAWINGS MEASURE FROM THE FACE
OF FRAMING. TYPICAL UNLESS NOTED OTHERWISE.
5. IMMEDIATELY MAKE ARCHITECT AWARE IF ANY DISCREPANCIES
ARE DISCOVERED BETWEEN THE ARCHITECTURAL DRAWINGS AND
ANY CONSULTANT DRAWINGS.
6. SHEAR WALLS SHOWN FOR COORDINATION PURPOSES ONLY.
CONFIRM ALL SHEAR LOCATIONS IN STRUCTURAL DRAWINGS.
7. FIRE RATED UL LISTED ASSEMBLIES MAY HAVE ADDITIONAL
REQUIREMENTS NOT LISTED IN DRAWINGS. REFER TO A-0.05 FOR
FIRE SEPARATION DIAGRAMS AND CONFIRM CONTINUITY OF ALL
EXIT CORRIDORS.
8. GC TO PROVIDE ALLOWANCE FOR FIRESTOPPING ASSEMBLIES PER
SECTION 714.
9. RADON MITIGATION SYSTEM TO BE DESIGN/BUILD. SEE PLANS FOR
PIPE ROUTING. SYSTEM SHALL BE INSTALLED IN ACCORDANCE
WITH ALL APPLICABLE CODES.
10. REFER TO STRUCTURAL FOR FOUNDATION DETAILS.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-2.03OVERALL ROOFPLANCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
ROOF PLAN1 N
152
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-8 3/4"
UPPER ROOF T.O. PLATE
119'-0 3/4"
HEIGHT LIMIT (ROOF 1/3) (25')
124'-6"
2456 1
2
A-4.02
CRAWLSPACE
94'-0"8'-4"10'-8 3/4"6'-0"T.O. CONC - GARAGE
99'-6"
N.CCN.CCN.CCN.CC
112A110B
N.CC N.CC202A
S.CC S.CCS.DD S.DD
S.DD S.DD
228B
135C
221A
142A 144A
S.GG S.GG
3
ACDHI
2
A-4.01
1
A-4.01
F B
N.CCN.CCN.CC N.CC N.CC
N.AAN.AAN.AAN.AAN.AA
113A 116A
S.AA S.AA S.AA S.AA
S.CCS.CC
S.CCS.CC
EG
QM S
1
A-4.03
O PN R
S.AA S.AA S.AA S.AA S.AA
S.AAS.AAS.AA
S.CC S.CC
S.CCS.CCS.CC
N.AA N.AA N.AA N.AA N.AA
S.CCS.EE
155A
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-8 3/4"
UPPER ROOF T.O. PLATE
119'-0 3/4"
HEIGHT LIMIT (ROOF 1/3) (25')
124'-6"
2 4 5 61
2
A-4.02
CRAWLSPACE
94'-0"8'-4"10'-8 3/4"6'-0"T.O. CONC - GARAGE
99'-6"
N.AA N.AA N.AA N.AA N.AA N.AAN.BBN.BB
101A
N.CC N.CC S.AA S.AA
140A
S.CCS.CC
S.CC S.CC
S.JJS.JJ
3
GENERAL ELEVATION NOTES
1. FOR GENERAL NOTES SEE A-0.0.
2. GRADE SHOWN FOR REFERENCE ONLY. RE: CIVIL AND LANDSCAPE
DWGS FOR ADDITIONAL INFORMATION.
3. RE: STRUCTURAL DRAWINGS FOR ADDITIONAL INFORMATION
REGARDING ROOF HEIGHTS.
4. RE: EXTERIOR OPENING SCHEDULED FOR ADDITIONAL INFORMATION
AT DOORS AND WINDOWS.
5. RE: FINISH SCHEDULE FOR FINISH INFORMATION.
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
As indicated
A-3.01OVERALLEXTERIOR ELEVATIONSCC DUPLEX11.25.2024LAND USE 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
OVERALL EAST ELEVATION3
1/8" = 1'-0"
OVERALL NORTH ELEVATION2
1/8" = 1'-0"
OVERALL SOUTH ELEVATION4
1/8" = 1'-0"
OVERALL WEST ELEVATION1
153
DNUPUP<<UEUEUEUEUEUEUEUEUEUEUEUE UEUEUEUEUEUEUEUEUEUEUEUE CCCCCCCCCCCCCCCCCCCCCCCCCCCCGGGGGGGGGGGGGGG GGGGGGGGGGGGGGGSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW
S
W
S
W
S
W
SWSWSWSWSWSWSW
S
W
S
W
S
W
S
SCHEMATICLANDSCAPEPLANL2.00DATE:DRAWN BY:CHECKED BY:ISSUE:HISTORY:BAJSHEET TITLE:COLORADOCOTTAGEFOR PLANNINGPURPOSES ONLYNOT FOR CONSTRUCTION10.29.2024ADDRESS:790 CASTLE CREEKASPEN, CO 81611PARCEL #_____________PSRDATE00.00.2022ISSUE___________STAMP PER DISCIPLINEPITKIN COUNTY STAMPSDRAFT0'5'10'20'SCALE: 1"= 10'-0"NORTHBERMS WITH NATIVE GRASSESEXISTING TREES TO REMAIN, TYP.PROPOSED COLLECTOR PONDSPROPOSED ORNAMENTAL TREESPROPOSEDDUPLEXEXISTING TREES TO REMAIN, TYP.PROPOSED PERENNIAL BEDEXISTING LAWN TO REMAINPROPOSED DRIVEWAYPROPOSED DRIVEWAYEXISTING POND TO REMAINEXISTING DITCH LINE TO REMAINPROPERTY LINEPROPERTY LINE154
04.08.2024
790 CASTLE CREEK DRIVE, ASPEN, CO 81611
CC DUPLEX RESIDENTIAL DESIGN STANDARDS
Attachment 6
155
W IN DOW W E L L
S I DE W A L K
P ATI O
CONCRETE RETAINING WALL
3 2 .2'
32.2 '20.1'F F E:
7872 .0 5
20.1'7.0 '12.2'C O N C R E T E
36.4 '
2 0 .0 '5.6'32.2'2 0 .0'14.4'1 4 .9'7.0'F F E:
7875.3 9
F FE:
7 8 7 4 .70
2 1 .5'30.4'APPROXIMATE
SEWER SERVICE
4"CMP4"CMP4"CMP1
2
3
4 5 6
7 8
9
10 11 12
13
14
17
18
19
20
212223
24
25
26 27
28
29
30 31
32
33
34
35
36
3738
39 40
41
42
EEEEEEEEEEEEE E
E
IN WIRE FENCE LINE
ELEVATION: 7871.04
425.0' WITNESS CORNER
SET REBAR & 1-1/4"
ORANGE PLASTIC CAP
LS38215 AT TOP OF BANK
363.8' WITNESS CORNER
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
LS24312 AT TOP OF BANK
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
LS24312 TOP OF BANKGARDEN
AREA
SHED
CONCRETE
WOOD RETAINING WALL
WIRE FENCE
CONCRETE
PLANTER
POND
POND
GRAVEL DRIVE
GRAVEL DRIVE
W O O D D ECK
S T E PS STEPSDITCH FLOWLINESWALESWALE
G A R A G E 11.8'1 5 .0 '
5 7 .7 '38.5'9.4'LEAN-TO1 - S T O R Y
F R A M E H O U SE
& B A S E M E N T
79 0 C AST L E C R E EK
D R IV E
N89°34'51"W 530.31'
(445'±)N08°18'55"W 129.96'BASIS OF BEARINGS (124'±)2 0 '± P A V E D
R O A D W A Y
S
3
8
°
4
7
'
5
9
"
E
2
1
9
8
.
6
0
'
RED BUTTE CEMETERY
10' SETBACK
25' SETBACK30' SETBACKTHIS AREA EXCEEDS THE45% SLOPE RANGESWALE78507855786078657
8
7
0
78747 8 7 3
787
2
7
8
7
1
DYHS
E G
OSWLOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.419+/- AC.
18,267 +/- S.F.SETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "
7870
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7872
7872
CONRETE PAD
SHED
WOOD RETAINING WALL
WIRE FENCE
S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "SETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B AC K
3 0 '-0 "SETBACK10'-0"ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1" = 10'-0"
A-1.01EXISTING SITEPLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
EXISTING SITE PLAN1 N
156
1
2
3
4 5 6
7 8
9
10 11 12
13
14
17
18
19
20
212223
24
25
26 27
28
29
31
32
33
34
35
36
3738
39 40
41
42
UPCASTLE CREEK DRIVESETBACK10'-0"S E T B AC K
2 5 '-0 "
S E T B A C K
3 0 '-0 "
LOT 9
TOTAL AREA
1.332+/- AC.
58,010+/- S.F.
AREA BELOW
HIGH WATER LINE
0.419+/- AC.
18,267 +/- S.F.TOP OF BANK7870
7871
DITCH FLOW LINE
100'-0 3/4"
100'-0 3/4"
99'-6"
99'-11"
99'-6"
99'-11"
99'-6"
99'-11"
99'-11"
99'-11"
7872.50
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
7873
7872
7872
7871
7873.06
7872.50
7873.06
GARDEN AREA
CONRETE PAD
SHED
WOOD RETAINING WALL
WIRE FENCE
N
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1" = 10'-0"
A-1.02ARCHITECTURAL SITE PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111" = 10'-0"
ARCHITECTURAL SITE PLAN1
157
1
2
3
4 5
6
7 8
17
18
23
24
25
26 27
28
29
3132
33
34
35
36
37
38
3940
41
42
UP
A-3.01
2
(20% overall UNIT width = 10' min)11'-10 39/256"(RDS)
6'-0"
(RDS)
4'-0"50'-8 55/256"3'-0"18'-0"20% of overall UNIT width = 7'-6 min15'-1"27'-8 73/256"23'-0"A-3.01 1
A-3.01
5
A-3.0135'-0"A-3.01
487'-11 201/256"24'-0"
3'-0"18'-0"37'-3 1/2"22'-2 1/2"32'-0"16'-0"32'-3"
15'-5 1/2"
7'-6"
10'-6"
6'-10"
6'-6 1/2"
12'-3"3'-0"4'-0"2'-0"12'-0 1/2"12'-2"
28'-0"21'-0"
36'-3"
56'-0"
60'-0"16'-0"38'-0"SETBACK10'-0"SETBACK
25'-0"
SETBACK
30'-0"
DITCH FLOW LINE
PROPERTY LINE
SETBACK10'-0"PROPERTY LINEPROPERTY LINE
OUTLINE OF
ROOF ABOVE
DASHED, TYP.3'-0"4'-0"2'-0"7873.06
100'-0 3/4"
T.O.F.F.
7873.06
100'-0 3/4"
T.O.F.F.
99'-6"
99'-6"
99'-6"
99'-6"
7872.50
7872.50
99'-11"
99'-11"
99'-11"
99'-11"
99'-11"
99'-11"
NORTH UNIT DRIVEWAY
SOUTH UNIT DRIVEWAY
NORTH UNIT ENTRANCE PATHWAY
4'-0"6'-0"
single door with a 1 ft divider inbetween
loggia - 6' min, 10' max depth
- open two sides
may need /want a
demacrated pathway
connection to strees (d1)
entry connection
- verify with City of Aspen -
may be difficult
2nd loggia - 6' min,
10' max depth
N - GARAGE
N - M. BATHN - M. BATH
N - M. CLST
N - MECH
N - ENTRY
N - LNDRY N - PDR
N - SIDE ENTRY
N - DINING
N - LIVINGN - KITCHEN
S - GARAGE
S - G. BDRM
S - G. BATH
S - PDR
S - M. BDRM
S - BDRM 1
S - BATH
S - DEN
S - HALL
S - LIVING
S - DINING
S - KITCHEN
S - PANTRY
S - MUD/LNDRY
S - STAIR
S - M. BATH
S - M. CLST
N - STAIR
S - ENTRY
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.01MAIN LEVEL PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
MAIN LEVEL FLOOR PLAN1 N
158
A-3.01
2
A-3.01 1
A-3.01
5
A-3.013
bath
clst w/dA-3.01
4
30'-0"
10'-7 1/2"10'-3"16'-0"25'-6"16'-0"50'-0"6'-8"12'-3"
6'-1"
6'-10"
11'-3 1/2"
7'-2 1/2"
5'-5"
50'-0"
OUTLINE OF
ROOF ABOVE
DASHED, TYP.
N - DEN
N - G. BATH
N - G. BDRM
N - STAIR
S - LOFT
S - STAIR
S - BDRM 2
S - BATH 3
S - UPPER HALL
S - BATH - 2
S - BDRM 3
S - OFFICE
S - CLST 32" / 12"5 1/2" / 12"2" / 12"2" /12"
2 1/2"/ 12"2" / 12"4 1/4" / 12"14'-0"ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.02UPPER LEVELPLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
UPPER LEVEL FLOOR PLAN1 N
159
A-3.01
2
A-3.01 1
A-3.01
5
A-3.013
A-3.01
4 2" / 12"2" / 12"9" / 12"9" / 12"5 1/2" / 12"2" / 12"2" /12"
2 1/2" / 12"4 1/4" / 12"9" / 12"9" / 12"9" / 12"
9" /12"
3" / 12"
3" / 12"
ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-2.03ROOF PLANCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
ROOF PLAN1 N
160
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"9 " / 1 2"9" / 1
2"
2 " / 1 2 "
9 " / 1 2 "9" / 1
2"
2" / 12"
9 " / 12 "9" / 1
2"
3" / 12"
3 " / 1 2 "
5 1/2" / 12"
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"
2 " / 1 2 "
MAIN LEVEL T.O. PLY
100'-0"
UPPER LEVEL T.O. PLY
110'-0"
ROOF T.O. PLATE
121'-0"
HEIGHT LIMIT
125'-0"
9 " / 1 2 "9" / 1
2"
4 1/4" / 12"
2 " / 1 2 "
2" / 12"
9" / 1
2"9 " / 1 2 "5 1 /2 " / 1 2 "ISSUE
NAME
SHEET NUMBER
SCALE
970.205.9094
PO BOX 943
CARBONDALE, CO 81623
PROJECT
N O T F O R C O N S T R U C T IO N
DATE
REVISIONS DATE
1/8" = 1'-0"
A-3.01EXTERIOR ELEVATIONSCC DUPLEX04.18.2024RDS MEETING 790 CASTLE CREEK DRIVE, ASPEN, CO 816111/8" = 1'-0"
OVERALL EAST ELEVATION3
1/8" = 1'-0"
OVERALL NORTH ELEVATION2
1/8" = 1'-0"
SOUTH ELEVATION - SOUTH UNIT5
1/8" = 1'-0"
OVERALL WEST ELEVATION1
1/8" = 1'-0"
OVERALL SOUTH ELEVATION4
161
Crystal River Civil LLC 970.510.5312 Page 1 of 4
790 Castle Creek Drive
Engineering Report
11/25/2024
A summary of the existing site conditions and proposed changes for 790 Castle Creek Drive has
been performed by Crystal River Civil for City of Aspen County Site Plan Review. This report
addresses access, utilities, drainage, grading, as well as overall site design for the proposed
conditions.
Existing Site
The property being reviewed is known as Pitkin County Parcel #273512206001 and is designated
as Lot 9 of the Castle Creek Subdivision. The parcel is accessed via Castle Creek Drive, which
extends from Cemetery Lane, just northwest of downtown Aspen. Castle Creek Drive borders the
western property line, and a developed site is located to the south. The eastern property line
follows Castle Creek Right-Of-Way and the Red Butte Cemetery is located to the north of the site.
An existing one-story framed, single-family residence, as well as a detached garage and small
shed, currently exist on the site. A short, gravel driveway provides access from Castle Creek Drive
to the garage. The access enters the property near the southwestern property corner and travels
due east towards the existing residence. The residence is centrally located on the parcel.
790 Castle Creek Drive Vicinity Map
The western portion of the site is generally flat, with a gradual slope from the west to the east.
Steep slopes exist on the eastern portion of the site as the grades descend quickly towards Castle
Creek along the eastern property line. There is no existing development within this steep slope
Site
Attachment 7
162
Crystal River Civil LLC 970.510.5312 Page 2 of 4
area. An irrigation ditch follows the southern property line that supplies water to two ponds located
on the site. One pond is located near the western property line that is supplied by a small irrigation
lateral labeled as a “swale” on the survey, that traverses under the gravel driveway via a small
culvert. The other pond is located in the backyard of the residence, just east of the structure that
is also supplied from an irrigation ditch lateral labeled “swale” on the survey. Each of the ponds
appear to have overflow paths that continue off the property.
Existing utility infrastructure is in place and currently services the existing structures on the parcel
under evaluation. The development ties into a City of Aspen water line within Castle Creek Drive
Right-Of-Way. A sewer service exits the site towards the northwest property corner and ties into
the Aspen Consolidated Sanitation District main under Castle Creek Drive as well. A Holy Cross
Energy electric transformer is located near the southwest property corner on the neighboring
property. The development utilizes a Black Hills Energy gas service, which ties into the gas main
located within the Castle Creek Drive Right-Of-Way. A communications pedestal is located next
to the electric transformer in the southwest property corner, which is utilized for the existing
development.
For information regarding the existing conditions, please refer to the survey that has been
included with this application.
Proposed Site
The scope of the project includes the development of a two-unit, residential structure. The existing
residential structure will be demolished as part of the project. The pond to the west will be filled in
and the pond to the east will be reconfigured. Each of the proposed residential units includes a
separate access, garage, patios layout, and landscaping. The structure is split into a southern
and northern unit, as shown on the included land use drawings with this submission package.
Each residential unit includes separate utility infrastructure to service the respective units, as well
as a combined stormwater management system that will meet the City of Aspen drainage code.
Please refer to the land use drawings in conjunction to this engineering report.
Access
The southern unit’s access is a 60 foot long concrete driveway that transitions off of Castle Creek
Drive and extends east to the southern portion of the structure. The twelve foot wide access
descends between 2.0% and 3.5% until it reaches the auto court. As the driveway approaches
the structure, it expands to the north in order to transition to the proposed garage location. The
entirety of the driveway and autocourt are to be collected by a centrally located inlet and drain
basin, which conveys stormwater to the onsite stormwater detention system. All slopes tie into
existing grade from the driveway and do not exceed 3:1 slopes. This proposed design meets the
City of Aspen requirements for residential access.
163
Crystal River Civil LLC 970.510.5312 Page 3 of 4
The northern unit’s driveway extends off of Castle Creek Drive near the northwestern property
corner and extends roughly 100 feet to the east. As the driveway approaches the residence, it
expands to the south to transition into the proposed garage. The driveway continues further east
to accommodate additional turning room and a potential parking space. A center drain is proposed
in the northeast corner of the auto court, which will convey the stormwater collected off the
driveway and auto court to the onsite stormwater detention system.
Drainage
All stormwater affected by the development shall be captured, detained and treated on site to
meet the City of Aspen drainage requirements. The concept of the drainage for the site is to collect
all impervious areas, including the structure, patios, walkways, auto courts and the driveways
around the residence with a series of swales, inlets, downspout tie ins, and pipes. This system
will convey the stormwater to a drywell located in the landscaping to the east of the structure.
Stormwater volumes for the 100-year, 1-hour storm event shall be determined utilizing the FAA
method and will provide the necessary detention on site. The drywell shall release the pre-
developed, historic runoff rate of the captured drainage basin, using the calculation from the FAA
Rational Method. Detention basin calculations and storage volumes will be included in the building
permit submittal. All conveyance structures will have capacity for a 100-year, 1-hour storm event,
as defined in the City of Aspen Urban Runoff Management Plan (URMP).
Utilities
Water – The existing water service will be abandoned as per City of Aspen Water Department
Standards. The proposed service for each unit will extend off the water main located underneath
Castle Creek Drive and will extend up the south unit’s access. Sizing will be determined for
Building Permit. All water service lines shall be Type-K Copper.
Sanitary – The existing service and wye will be abandoned as per Aspen Consolidated Sanitation
District standards. Two services will extend from the proposed structure to the northwest and wye
into the sewer main under Castle Creek Drive. The services shall each be four-inch SDR-26 and
sloped at minimum 2.0% towards the tie in at the sewer main.
Electric – The existing service will be abandoned, and two proposed services will extend from the
existing transformer up to the southwest corner of the garage. Transformer capacity and the
proposed loads for the development will be determined for building permit in coordination with
Holy Cross Energy.
Gas – The existing service to the residence will be abandoned and two proposed services will
extend from the main in the Right-Of-Way up the driveway and will transition into the west side of
the residence.
164
Crystal River Civil LLC 970.510.5312 Page 4 of 4
Telephone and Communications – Existing communication services will be abandoned, and new
services will extend from the pedestal up to the northeast corner of the garage.
If there are any questions regarding this analysis or concerns regarding the site design, feel free
to contact me directly.
Jay Engstrom
Owner and Principal Engineer, P.E.
Crystal River Civil, LLC
jay@crystalrivercivil.com
(970) 510 - 5312
165
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7871787078717872787278717871787078727872787078
6
9
786
8 Abandon Existing Sewer Service WyeAs Per Aspen Consolidated Sanitation DistrictAbandon Existing Electric Service In PlaceCommon Trench Communications AlongsidePrimary Electric LineAbandon Existing Sewer ServiceAbandon Existing Water Service TapAs Per City Of Aspen Water Department StandardsContact City Of Aspen Prior To AbandonmentAbandon Existing Gas StubAs Per Black Hills EnergyTie Proposed Gas Stub Into Existing Main Line(2) Proposed Electric Service64 Linear Feet Of 2" ConduitInstall As Per Holy Cross Energy Standards(2) Install 2" Water Service Tap As PerCity Of Aspen Water Department StandardsMaintain 18" of Separation Between All Fittings(2) Install Water Line Curb StopAt Property Line(2) Proposed Water Service Install As City of Aspen Water Department23 Linear Feet of 2" Type K CopperFrom Service Tap to Curb Stop(2) Proposed Water Service Install As Per City of Aspen Water Department56 Linear Feet of 2" Type K CopperFrom Curb Stop to Residence(2) 77' Linear Feet of Gas Service LineSize and Material To Be DeterminedBy Black Hills Energy(2) Communications Service69 Linear Feet of 2" ConduitInstall As Per Utility ProviderTie Electric Service Into Existing TransformerInspect and Verify Capacity Prior to ConstructionTie Proposed Communications ServiceInto Existing Communications PedestalAbandon Existing Gas Service(2) Install Sanitary Wye At Sanitary Sewer Main As Per AspenConsolidated Sanitation District Standards. Contractor ToVerify Locations Prior To Construction(2) 46 Linear Feet of 4" SDR-26 PVC Sanitary Sewer ServiceMaintain Minimum 2% Slope and 7' of Cover Over Service(2) Install Bi-Directional Cleanout(2) 13 Linear Feet of 4" SDR-26 PVC Sanitary Sewer ServiceMaintain Minimum 2% Slope and 7' of Cover Over ServiceProperty Line30' Easement25' Easement10' EasementProposed ResidenceSouth UnitProposed ResidenceNorth UnitAbandon ExistingWater Service LineAbandon Existing Communications ServiceOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24020NSWEDrawing ScaleUnits (Feet) 1" = 10'10C.01Utilities166
<<D7871787278727872787378737873
790 Castle Creek DriveProposed Residence - South UnitMain Level F.F.E. - 7872.90Garage F.F.E. - 7872.33790 Castle Creek DriveProposed Residence -North UnitMain Level F.F.E. - 7872.90Garage F.F.E. - 7872.332.0%TOW:72.83BOW:70.14TOW:71.9772.2972.3372.6972.33BOS:72.33F.F.E. - 72.33TOW:72.78TOS:72.78Inlet:72.04F.F.E. - 72.90Property Line25' Setback30' SetbackCastle Creek Drive Right-Of-Way20' Paved Road
Existing TreesSee Tree Removal Plan For Demolitionand Protection of Existing TreesProposed PorchElev:7872.9072.3372.3372.332.0%3.0%5.0%3.0%2.0%2.0%72.3372.2472.332.0%72.90BOS:72.331 - 5.4" StepStone Paver PatioTOS:72.78Proposed Center DrainCollects DrivewayF.F.E. - 72.33EX:73.34EX:73.02Landscape Planter72.6772.8073.28EX:73.72EX:73.1573.2872.4572.7972.0371.82EX:71.79EX:71.5771.9272.795.0%2.0%BOW:70.28Retaining WallMax. Height 30"Transition To Existing GradeMaintain 6" Curb Above Pavement2.5%
4.5%2.5%10' SetbackBOW:70.12TOW:72.28BOW:70.43TOW:72.7570.9670.9270.6270.3871.0071.3271.3171.5271.5272.9072.9072.9072.9072.9072.9072.9072.9072.7272.753.0:16.0%2.0%6.0%2.0%787278737873 78737872 7872787178717871
78707870
787178707871787278727871787178707872787272.90Proposed PorchElev: 7872.90Stone Paver PorchInlet:71.42BOW:70.7078707865
7860
7855
7850
7845
7840
7835
783
0
782
5
782
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78
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9
786
810' Setback100' Stream SetbackExisting PondTo Be ReconfiguredExisting ShedTo Be RemovedFlowline2.0%Stormwater DetentionProposed DrywellSized For A 100-Year 1-Hour Storm Event5' Dia. 14.5' Deep - Size To BeFinalized For Permit SetCovered DeckF.F.E. - 72.9072.421 - 5.7" StepExisting Top Of SlopeMaintain Existing Ditch Flow Line72.33Existing PondTo Be Removed72.33Existing GardenTo Be RemovedStone Paver Patio72.9072.8072.82Note: Spot ElevationsAlong DeckingReflects GradesBelow DeckProposed FootprintOf Reconfigured PondsRoof Overhang5.0%Paver WalkwayOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24020NSWEDrawing ScaleUnits (Feet) 1" = 10'10C.02Grading and Drainage167
<<<<0 00
1 00
1 13PC: 0+13.03PT: 0+28.74Start N. Unit AccessSTA:0+00.00N:1501341.73E:2622764.72End N. Unit AccessSTA:1+12.76N:1501361.31E:2622871.37Sta:0+10.54Off:6.00'LElev:7871.91Sta:0+05.72Off:9.00'LElev:7871.57Sta:0+08.78Off:6.00'RElev:7871.82Sta:0+05.00Off:0.00'Elev:7871.63Sta:0+02.98Off:9.00'RElev:7871.79Sta:0+57.37Off:6.00'RElev:7872.29Sta:0+62.35Off:10.53'RElev:7872.30Sta:0+62.41Off:11.19'RElev:7872.33Sta:0+61.87Off:10.24'LElev:7872.28Sta:0+56.93Off:6.00'LElev:7872.30Sta:0+62.59Off:14.91'LElev:7872.28Sta:1+02.55Off:8.77'LElev:7871.47End AccessSta:1+03.37Off:0.00'Elev:7871.74Sta:1+03.50Off:1.33'RElev:7871.78Sta:0+88.84Off:2.70'RElev:7871.87N42° 35' 11.04"E13.03'N87° 35' 11.04"E84.02'L=15.708,R=20.000D=45.0000790 Capitol Creek RdNorth UnitF.F.E. - 7872164546Sta:0+89.32Off:8.68'RElev:7872.33North Unit GarageF.F.E. - 7872.332.0%2.0%5.0%Center DrainSta:1+01.38Off:7.76'LElev:7871.42Concrete Retaining WallMax. Height - 30"787178727872787225' Setback25' SetbackExisting Structure12'2.0%R5.00R5.007872787178717871
78707871787078723.003.00GarageSta:0+75.86Off:9.94'RElev:7872.33Sta:0+30.15Off:0.00'Elev:7872.83Paver WalkwayCovered Entryway DeckRoof OverhangN. Unit Access ProfileHorizontal Scale: 1"=5'Vertical Scale: 1"=5'78707880787078800+20EG 7871.1 FG 7872.38
0+40EG 7871.8
FG 7872.81
0+60EG
FG 7872.29
0+80EG 7870.2
FG 7872.23
1+00EG 7870.1
FG 7871.80 5.00%-2.00%1.18%Start N. Unit Access = 0+05.00ELEV = 7871.632
End S. Unit Access = 0+93.51
ELEV = 7872.330 PVI STA: 0+74.94PVI ELEV: 7872.11K: 2.75LVC: 8.76BVCS: 0+70.56
BVCE: 7872.20
EVCS: 0+79.32
EVCE: 7872.16LOW PT. STA: 0+76.06LOW PT ELEV: 7872.14PVI STA: 0+31.82PVI ELEV: 7872.97K: 1.72LVC: 12.01BVCS: 0+25.82BVCE: 7872.67
EVCS: 0+37.83
EVCE: 7872.85HIGH PT. STA: 0+34.40HIGH PT ELEV: 7872.89Property LineOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24010NSWEDrawing ScaleUnits (Feet) 1" = 5'5C.03N. Unit Access Plan and Profile168
0 00
0
81Start South Unit AccessSTA:0+00.00N:1501264.51E:2622779.83End South Unit AccessSTA:0+81.38N:1501274.58E:2622860.58Sta:0+10.00Off:9.00'LElev:7873.19Sta:0+10.00Off:9.00'RElev:7873.60Start AccessSta:0+10.00Off:0.00'Elev:7873.38Sta:0+15.00Off:6.00'LElev:7873.28Sta:0+15.00Off:6.00'RElev:7873.28Sta:0+34.65Off:6.00'RElev:7872.80Sta:0+38.61Off:10.55'RElev:7872.67Sta:0+38.08Off:14.43'RElev:7873.34Sta:0+50.64Off:16.22'RElev:7873.02Sta:0+50.71Off:15.74'RElev:7872.95Sta:0+55.18Off:12.34'RElev:7872.45Sta:0+69.64Off:14.21'RElev:7872.36End AccessSta:0+71.38Off:0.00'Elev:7872.24Sta:0+71.97Off:4.58'LElev:7872.24Sta:0+76.23Off:4.03'LElev:7872.33Sta:0+77.79Off:16.13'LElev:7872.33Sta:0+46.41Off:15.78'LElev:7872.33Sta:0+46.43Off:14.09'LElev:7872.35Sta:0+38.43Off:6.00'LElev:7872.692.0%3.0%3.0%1.8%2.5%1.9%790 Castle CreekSouth UnitF.F.E. - 785321321311South Unit GarageF.F.E. - 7872.33Property Line10' SetbackCapitol Creek Rd
Stone Paver Entryway Patio25' Setback30' SetbackLandscape Planter12'Concrete AutocourtCenter DrainSta:0+60.10Off:0.00'LElev:7872.0478737873
7873R4.00R4.00R8.00787278737873 78737872
78717871787278727872N82° 53' 15.59"E81.38'3.00GarageSta:0+62.10Off:15.95'LElev:7872.33Property LineSta:0+21.49Off:0.00'Elev:7873.15Roof OverhangSouth Unit Access ProfileHorizontal Scale: 1"=5'Vertical Scale: 1"=5'78707880787078800+20EG 7873.1
FG 7873.18
0+40EG 7872.9
FG 7872.64
0+60EG 7872.6
FG 7872.04
0+80EG 7872.3
FG -2.00%-3.00%1.81%Start S. Unit Access = 0+10.00ELEV = 7873.377
End N. Unit Access = 0+71.38
ELEV = 7872.244 PVI STA: 0+26.56PVI ELEV: 7873.05K: 5.00LVC: 4.99BVCS: 0+24.07
BVCE: 7873.10
EVCS: 0+29.06
EVCE: 7872.97Property LineOf 4 Pages01 Land Use 11.25.2024 WJE
#Description Date Drawn By
790 Castle Creek Drive
Aspen, Colorado 81611 1101 Village Road, Unit UL-3CCarbondale, CO 81623(970) 510 - 5312JKE
Reviewed By
Not For ConstructionJob #: 39.24Drawing ScaleUnits (Feet) 1" = 5'0510NSWEC.04S. Unit Access Plan and Profile169
Attachment 8
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Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: Q62016849-3 Date: 01/09/2025
Property Address: 790 CASTLE CREEK DR, ASPEN, CO 81611
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
JAMES M CERISE
Delivered via: No Commitment Delivery
RAWLEY DESIGN PLANNING LLC
Attention: PATRICK RAWLEY
39 QUAIL RUN
CARBONDALE, CO 81623
(970) 920-1628 (Cell)
(970) 925-2323 (Work)
(970) 920-1628 (Work Fax)
patrick@rawleydesignplan.com
Delivered via: Electronic Mail
Attachment 9
251
Estimate of Title Fees
Order Number: Q62016849-3 Date: 01/09/2025
Property Address: 790 CASTLE CREEK DR, ASPEN, CO 81611
Seller(s): VIRGINIA R. CERISE AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF
MARTIN J. CERISE AND CAROLYN BARABE AND JAMES M. CERISE
Buyer(s): TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TBD - TBD Income $-132.50
TBD - TBD Income $-132.50
TOTAL $0.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Pitkin county recorded 07/17/1956 under reception no. 104059 at book 172 page 533
Pitkin county recorded 05/05/1981 under reception no. 232610 at book 408 page 8
Pitkin county recorded 03/23/1995 under reception no. 379981 at book 777 page 4
Pitkin county recorded 06/28/1995 under reception no. 382754 at book 785 page 156
Pitkin county recorded 08/12/1996 under reception no. 395858
Pitkin county recorded 01/04/2000 under reception no. 439171
Pitkin county recorded 01/04/2000 under reception no. 439172
Pitkin county recorded 06/25/2003 under reception no. 484558
Plat Map(s):
Pitkin county recorded 03/02/1955 at book 2A page 177
252
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
790 CASTLE CREEK DR, ASPEN, CO 81611
1.Effective Date:
12/27/2024 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
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 estate or interest covered herein is at the effective date hereof vested in:
VIRGINIA R. CERISE AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MARTIN J. CERISE AND
CAROLYN BARABE AND JAMES M. CERISE
5.The Land referred to in this Commitment is described as follows:
LOT 9,
CASTLE CREEK SUBDIVISION,
AS SHOWN ON THE PLAT RECORDED MARCH 2, 1955 IN DITCH BOOK 2A AT PAGE 177.
COUNTY OF PITKIN, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62016849-3
253
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62016849-3
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
2.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF
SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO ISSUE DELETIONS. UPON REVIEW,
ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID
POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT.
3.COPY OF LETTERS CERTIFIED BY A COLORADO COURT EVIDENCING THE APPOINTMENT OF A
PERSONAL REPRESENTATIVE IN THE ESTATE OF MARTIN J. CERISE, DECEASED. (MUST BE CERTIFIED
WITHIN THE LAST YEAR)
4.RECORD PERSONAL REPRESENTATIVES DEED FROM ______, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF MARTIN J. CERISE, DECEASED TO TO BE DETERMINED.
5.WARRANTY DEED FROM JAMES M. CERISE AND CAROLYN BARABE TO TO BE DETERMINED
CONVEYING SUBJECT PROPERTY.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
254
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 27, 1892 IN BOOK 55 AT
PAGE 32 AND RECORDED DECEMBER 3, 1892 IN BOOK 55 AT PAGE 35 AND RECORDED JUNE 16, 1894
IN BOOK 55 AT PAGE 45.
9.TERMS, EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS CONTAINED IN PLAT
RECORDED MARCH 5, 1955 IN PLAT BOOK 2A AT PAGE 177 AND CORRECTION PLAT RECORDED
NOVEMBER 18, 1957 IN PLAT BOOK 2A AT PAGE 241.
10.TERMS, CONDITIONS AND PROVISIONS OF WATER AGREEMENT RECORDED AUGUST 22, 1955 IN
BOOK 180 AT PAGE 401 AND RATIFICATION OF AGREEMENT RECORDED FEBRUARY 2, 1959 IN BOOK
186 AT PAGE 465 AND AGREEMENT RECORDED NOVEMBER 19, 1958 IN BOOK 186 AT PAGE 34, WHICH
WAS CONVEYED TO THE CITY OF ASPEN BY CONVEYANCE RECORDED JANUARY 27, 1970 IN BOOK
246 AT PAGE 395 AND MAINTENANCE AGREEMENT RECORDED AUGUST 26, 1980 IN BOOK 393 AT
PAGE 695 AND AMENDMENT RECORDED FEBRUARY 21, 2013 AS RECEPTION NO. 597137.
11.TERMS, CONDITIONS AND PROVISIONS OF UNILATERAL AGREEMENT FOR UNDERGROUND
CONVERSION OF SECONDARY SERVICE RECORDED MARCH 30, 1992 IN BOOK 673 AT PAGE 106.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF FENCE LINE AGREEMENT AND LICENSE
AGREEMENT RECORDED OCTOBER 18, 2012 AS RECEPTION NO. 593195.
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS RECORDED SEPTEMBER 9, 2020 AS RECEPTION NO. 667951.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016849-3
255
14.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF
ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR
ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK,
CHANNEL OR FLOW OF WATERS IN THE CASTLE CREEK LYING WITHIN SUBJECT LAND; AND ANY
QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL
DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT
LANDS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016849-3
256
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
257
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
258
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
259
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
260
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
261
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
262
Attachment 10263
Attachment 11264
265
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. The
information maintained by the County may not be complete as to
mineral estate ownership and that information should be
determined by separate legal and property analysis.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
From Parcel: 273512206001 on 12/02/2024
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Attachment 12
266
745-755 CASTLE CREEK DR OWNERS ASSOC
ASPEN, CO 81611
745-755 CASTLE CREEK DR
750 CCD LLC
FORT WORTH, TX 76102
616 TEXAS ST
765/767 CEMETERY LANE LLC
CUMBERLAND, RI 02864
200 SCENIC VIEW DR
777 CLUB LLC
ASPEN, CO 81611
777 CEMETERY LN
810 CEMETERY LN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
810 CEMETERY LN
ANDRULAITIS FIONA MCWILLIAM & TIMOTHY A
ASPEN, CO 81611
409 PARK CIR #4
BICKHAM FAMILY INTERESTS LLC
HOUSTON, TX 77019
3229 DEL MONTE DR
CASTLE CREEK DRIVE TOWNHOMES
ASPEN, CO 81611
777 CASTLE CREEK DR
CASTLE FELIZ 8 PROPERTY LLC
HOUSTON, TX 77024
10910 KEMWOOD
CITY OF ASPEN
ASPEN, CO 81611
427 RIO GRANDE PL
ENGLANDER ALAN S QPRT
GREENWICH, CT 06831-3642
9 BAILIWICK WOODS CIR
ENGLANDER LINDA K QPRT
GREENWICH, CT 06831-3642
9 BAILIWICK WOODS CIR
FRYKLUND ROBERT & LOUISE
HOUSTON, TX 77005
2917 DUKE ST
GCC PROP LLC
ASPEN, CO 81611
787 CASTLE CREEK DR
GOLDSBURY CHRISTOPHER JR TRUST
SAN ANTONIO, TX 782151285
303 PEARL PKWY #300
GOLDSMITH TOWNHOMES CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
795 CEMETERY LN
HORAN CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
805 CEMERTERY LN
MCLAUGHLIN TRACY REV TRUST
ASPEN, CO 81611
737 CEMETERY LN
MEYER FAMILY LLC
RIVER RIDGE, LA 70123
101 DESTIN LN
PATSLEY FAMILY REV TRUST
DALLAS, TX 75205
25 HIGHLAND PARK VLG #100-762
RABINOW FAM 2021 GST TRUST
HOUSTON, TX 77027
3464 WICKERSHAM
RABINOW KATHRYN L E
HOUSTON, TX 77027
3711 SAN FELIPE #12-I
RABINOW RICHARD A
HOUSTON, TX 77027
3711 SAN FELIPE #12-1
RED BUTTE CEMETERY
ASPEN, CO 81611
PO BOX 194
ROWLANDS DONNA K REV TRST
ASPEN, CO 81611
770 CEMETERY LN
SAMS CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
743 CEMETERY LN
SEGUIN MICHAEL A & KIMBERLY
ASPEN, CO 81611
793 CEMETARY LN
WAYBURN CYNTHIA ANN REV LVG TRUST
MEDINA, WA 98039
2441 EVERGREEN POINT RD
WEIMANN-WINCHESTER CONDO ASSOC
ASPEN, CO 81611
COMMON AREA
775 & 777 CEMETERY LN
WESTVIEW HOLDINGS LLC
SAN ANTONIO, TX 782151285
303 PEARL PKWY #300
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WINCHESTER ROBERT P
ASPEN, CO 81611
777 CEMETERY LN
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9,028
1,504.7
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Notes
Pitkin Maps & More
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:38 PM 12/02/24 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 9K
Primary Road
Secondary Road
Service Road
Parcel Boundary
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS
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PRE-APPLICATION CONFERENCE SUMMARY
PRE-24-003
DATE: February 16, 2024
PLANNER: Sophie Varga, Sophie.varga@aspen.gov, 970-429-2778
PROJECT ADDRESS: 790 Castle Creek Drive
PARCEL ID: 273512206001
REPRESENTATIVE: Patrick Rawley, patrick@rawleydesignplan.com, 970-306-5669
REQUEST: Growth Management – Single Family and Duplex Demolition and
Redevelopment Allotment; Establishment of an Accessory Dwelling
Unit; Establishment of Top of Slope.
DESCRIPTION: The applicant proposes to demolish the existing single-family residence and
redevelop the property with a duplex and an Accessory Dwelling Unit. The applicant has represented
that the owners have owned and occupied their residence for at least 35 years. The subject parcel
is a 58,010 square foot lot located in the Low-Density Residential Zone District (R-30). Castle Creek
flows through the property. The eastern side of the property is below the Top of Slope and/or within
the Special Flood Hazard Area (Flood Area Zone AE).
The Stream Margin Environmentally Sensitive Area applies “to all development within one hundred
(100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary
streams and to all development within the Flood Hazard Area, also known as the 100-year flood
plain.” Since this parcel is outside of the official stream margin map, the applicant will need to
establish the Top of Slope on the property as part of the land use application.
The Accessory Dwelling Unit (ADU) should conform to Sec.26.520.050- Design Standards. A deed
restriction must be placed on the ADU and it must be detached from the primary residences. ADUs
are not considered units of density. A detached ADU that is conveyed separate from the primary
residences as a “for sale” affordable housing may be used to satisfy employee housing requirements
(Sec.26.520.020 – General). A “for sale” ADU is excluded from the calculation of floor area up to
1,200 square feet per parcel and the allowable floor area of a parcel containing said ADU is increased
in an amount equal to 50% of the floor area of the ADU, up to a maximum bonus of 600 square feet
per parcel.
The applicant mentioned a front-to-back orientation for the proposed duplex. This layout may present
difficulties when complying with the Residential Design Standards. Alternative compliance or a
variance to the Residential Design Standards may be combined with other land use reviews in a
single application.
The Demolition of a free-market single family or duplex residential structure requires a Growth
Management Quota System Allotment pursuant to Chapter 26.580 and Section 26.470.090.C.
Typically there are six demolition allotments available each year, however, City Council granted four
of the 2024 allotments in 2023 via Section 26.470.110.A, Multi-Year Demolition Allotment. Four 2024
allotments were available at the start of 2024 for the demolition allotment lottery. The lottery period
for administrative applications closed in January; more applications were received than the available
Attachment 13
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allotments. The following options are available for property owners to pursue a Demolition Allotment
in 2024.
1. Multi-Year Demolition Allotment – Section 26.470.110.A
An application may be submitted to be considered by City Council for a Multi-year Demolition
allotment. This review requires a project to demonstrate compliance with five or more of the
review criteria established by this section. Multi-year allotments are considered at a public
hearing and approved by resolution at City Council’s discretion. Any allotments awarded through
this review are subtracted from future years available allotments.
2. Additional Allotments for Local Property Owners who have owned and occupied their
residence for at least 35 years. – Section 26.470.110.G
If a property owner has owned and occupied their residence for 35+ years and can provide
adequate documentation demonstrating continual occupancy and ownership, City Council may
grant up to two (2) additional allotments beyond the initial six available each year. These
allotments are not subtracted from subsequent years. In order to submit for one of the additional
allotments pursuant to Section 26.470.110.G, an application must first be accepted for an
administrative Demolition allotment Pursuant to Section 26.470.090.C and must include the
standard application contents listed below. That application will be denied via a Notice of Denial,
once denied, an amended application can be submitted to pursue an Additional Allotment for
Local property owners. The amended application must contain the required additional application
contents for this review, as described below.
On January 9, 2024, Council approved Resolution #006, Series of 2024, to ‘carry forward’ two
unused and unclaimed 35+ Year Local Demolition Allotments, creating four (4) total 35+ Year
Local Demolition Allotments for 2024.
3. Section 26.470.160.C – Insufficient Development Allotment Appeal
This code section allows for an appeal to be considered by City Council when no allotments are
available. In order to submit for an Appeal due to Insufficient Development Allotments, an
application must first be submitted for an administrative Demolition allotment Pursuant to Section
26.470.090.C, and must include the standards application contents listed below. That application
will be denied via a Notice of Denial, once denied, an amended application can be submitted to
pursue the Appeal option. The appeal procedures in Chapter 26.316 apply to this process.
The applicant has represented that they will pursue Option 2, Additional Allotments for Local Property
Owners who have owned and occupied their residence for at least 35 years. The fees and hearing
path below are based off of Option 2. The applicant should initially submit an application requesting
an administrative allotment. Staff will issue a Notice of Denial due to a lack of allotments. The
applicant will then respond to the Notice of Denial, requesting a local demolition allotment.
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use Application Land Use Code
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Land Use Code Section(s)
26.304 Common Development Review Procedures
26.410 Residential Design Standards
26.435.040 Stream Margin Review
26.470.040 Allotment Procedures
26.470.090.c Administrative Applications - Single Family & Duplex Demolition and
Redevelopment
26.470.110.A City Council Applications - Multi-year Demolition Allotments
26.470.110.G City Council Applications - Additional Allotments for Local Property Owners
26.470.160.C Appeals - Insufficient Development Allotment Appeal
26.520 Accessory Dwelling Units and Carriage Houses
26.575.020.d.11 Measuring Floor Area - Permanently Affordable Accessory Dwelling Units
and Carriage Houses
26.580 Demolition
26.710.080 Low-Density Residential (R-30)
Review by: Staff for completeness.
Step 1:
Staff will review and issue a Notice of Denial due to insufficient allotments.
Step 2:
The applicant will submit an amended application requesting a local
allotment, staff will provide a recommendation to City Council.
City Council for Decision
Public Hearing: Yes
Initial review and denial will be administrative.
Subsequent review for local allotment will be before City Council.
Planning Fees: $3,250 deposit for 10 hours of staff work. Additional/lesser hours will be
billed/refunded at $325/hr.
Referral Fees: Engineering: $1,500 flat fee
Parks: $975 flat fee
APCHA: $375 deposit for 1 hour of staff work. Additional/lesser hours will be
billed/refunded at $325/hr.
TOTAL: $6,100
To apply, email the following information in a single pdf to CDEHadmins@aspen.gov with
PRE-24-003 in the subject line.
Standard Application Contents:
Completed Land Use Application, including signed HOA Compliance form and agreement
to pay fees.
Pre-application Conference Summary (this document).
Contained within a letter signed by the applicant, the applicant's name, address and
telephone number and the name, address and telephone number of any representative
authorized to act on behalf of the applicant.
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
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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.
A site improvement survey (no older than a year from submittal) including topography and
vegetation showing the current status of the parcel certified by a registered land surveyor
by licensed in the State of Colorado. The survey and proposed site plan shall include the
100-year floodplain line, high water line, and proposed Top of Slope. It should also include
existing and proposed grades at two-foot contours, with five-foot intervals for grades over
ten percent (10%).
A written description of the proposal and a written explanation of how the proposed
development complies with the review standards relevant to the development application.
o Complete responses to all Review Criteria in Section 26.470.090.C sufficient to
analyze and determine that review criteria are met.
o Responses to 26.520.050 – ADU Design standards. This should include a floor plan,
floor area calculations, and net livable calculations.
o Responses to 26.435.040 – Stream Margin review.
o If RDS Alternative Compliance or a Variance is requested, refer to Sec. 26.410.020
(Procedures for Review)
Proposed site plan.
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.
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26 February 2025
Ms. Haley Hart, AICP
Long-Range Planning
City of Aspen Community Development
427 Rio Grande Place
Aspen, CO 81611
Provided Via Electronic Mail: haley.hart@aspen.gov
RE: 790 Castle Creek / Addendum Submitted in Connection with Notice of Denial
(LPA-24-133)
Dear Haley:
On behalf of James M. Cerise and Carolyn Barabe (the “Applicants”) and in
connection with the Notice of Denial, dated 21 February 2025, of the demolition
allotments requested in connection with the land use application submitted for 790
Castle Creek Drive, Aspen, Colorado (the “Property”), please accept this
addendum/alternative to a formal appeal of the Notice of Denial. The Applicants are
providing a response to “Option 3: Own & Occupy Subject Residence for at Least 35
Years” (“Option 3”). This addendum is submitted within the required fifteen (15) days
from the date of the Notice of Denial.
Option 3 is specifically provided as an alternative to a formal appeal of the Notice of
Denial. Pursuant to COA LUC Sec. 26.470.110.G, Option 3 allows a property owner
who has owned and occupied a residence for thirty -five (35) years or more to ask the
City Council to grant one of two additional Demolition Allotments (beyond the initial
four that are made available) from future year demolition allotments.
The applicants are fifth-generation Aspenites and can trace their family history in the
Roaring Fork Valley to the 1800s. Moreover, the Applicants and their families have
lived on the Property since 1956. Rather than simply relying on the sixty-eight (68)
years spent on the Property, the Applicants request that the City Council consider
their families’ very real commitment to the Aspen community, where family members
have lived and worked for so long. The Applicants also ask the Council to appreciate
that the proposed duplex associated with the demolition permit will allow the
Applicants to remain on the Property and among their friends in the community
during their retirement, while also providing a new family home for the next
generations to remain in Aspen.
The Applicants provide the attached additional documentation in support of Option 3.
This information includes:
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Ms. Haley Hart, AICP
790 Castle Creek / Addendum Submitted in Connection with Notice of Denial (LPA-24-133)
26 February 2025
Page | 2
• Affidavit signed by the Applicants, providing a history of the Property and the
family’s ownership of the Property;
• A chain of title of the Property;
• Pitkin County Treasurer’s receipts of tax payments for taxes due on the
Property; and
• Confirmation of the Applicant’s local and long-term employment with the
Aspen Skiing Company.
We look forward to working with staff to verify the sufficiency of the supporting
documentation. Following this coordination, we anticipate scheduling and attending a
public hearing with the City Council to review the Applicant’s request for a demolition
allotment.
Very truly yours,
Patrick S. Rawley, AICP, ASLA
RAWLEY DESIGN PLANNING LLC
ATTACHMENTS
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MEMORANDUM
TO: Mayor Richards and Aspen City Council
FROM: Haley Hart, Long-Range Planner
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: May 19, 2025
MEETING DATE: May 27, 2025
RE: Resolution #075, Series of 2025
Provision of required affordable housing via a fee-in-lieu payment
REQUEST OF THE PLANNING AND ZONING COMMISSION:
Council is asked to review, consider, and approve the ability of specific development
projects to pay fee-in-lieu (FIL) as the means to meet their affordable housing mitigation
requirements. There is one (1) request for Q1 of 2025, and this action is a response to a
current shortage of available Affordable Housing Certificates in the market.
SUMMARY AND BACKGROUND:
The City’s Growth Management Quota System regulations require affordable housing
mitigation of free-market residential development. Development that generates less than
0.1 Full Time Equivalent (FTE) may mitigate via fee-in-lieu by right. Projects that generate
more than 0.1 FTEs may mitigate via Affordable Housing Certificates by right. A full time
equivalent (FTE) is defined in Section 26.470.020, Terminology – Growth Management
Quota System, as “a unit of measurement standardizing the workloads of employees. In
this Chapter, FTEs refer to the number of employees generated or housed by
development”.
This code was written to support the creation of affordable housing by private developers.
The Land Use Code offers a process for paying fee-in-lieu to mitigate over 0.1 FTEs. It
requires a request and approval by Council, following a recommendation from P&Z.
Following is the code language that describes this process:
26.470.110.C. Provision of required affordable housing via a fee-in-lieu payment.
The provision of affordable housing in excess of 0.10 Full-Time Equivalents (FTEs)
via a fee-in-lieu payment, upon a recommendation from the Planning and Zoning
Commission shall be approved, approved with conditions or denied by the City Council
based on the following criteria:
1) The provision of affordable housing on site (on the same site as the project
requiring such affordable housing) is impractical given the physical or legal
parameters of the development or site or would be inconsistent with the
character of the neighborhood in which the project is being developed.
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City Council Resolution #075, Series of 2025
Staff Memo, Q1 Fee-in-Lieu Requests
Page 2 of 3
2) The applicant has made a reasonable, good-faith effort in pursuit of providing
the required affordable housing off site through construction of new dwelling
units, the deed restriction of existing dwelling units to affordable housing status,
or through the purchase of affordable housing certificates.
3) The applicant has made a reasonable, good-faith effort in pursuit of providing
the required affordable housing through the purchase and extinguishment of
Certificates of Affordable Housing Credit.
4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will
result in the near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing
mitigation to be provided through a fee-in-lieu payment, including all or none.
The Affordable Housing Certificates Program has been successful in incentivizing the
private sector to produce affordable housing units for over a decade. Since the inception
of the program, housing for more than 100 Full Time Equivalents has been produced -
without any public dollars being expended.
The program is dependent on two things: 1) the willingness of the private sector to
complete affordable housing projects, and 2) the demand for Affordable Housing credits
by free-market commercial and residential development to meet their mitigation
requirements. The City established Affordable Housing Certificates as the preferred
means of providing affordable housing mitigation for single-family and duplex
development in order to support the program. There are alternate means of mitigation,
such as voluntarily deed restricting the subject unit to Resident Occupied or buying a free-
market residential unit in town and deed restricting it. These options have been unpopular
and may be cost prohibitive. Mitigation may be paid with cash by right for projects that
generate 0.1 FTEs or less.
On May 7th, 2025, the Planning and Zoning Commission approved and recommended
Resolution #075, Series of 2025, with a 6-0 vote, providing support to City Council for
payment of FIL for the subject properties with the condition the applicant extinguishes the
0.46 Affordable Housing Credits that have been secured.
STAFF DISCUSSION:
Staff confirmed that there is an ongoing shortage of Affordable Housing Certificates. In
response to the Certificate shortage, staff established a policy and a process to facilitate
requests to pay FIL in a “batched” review. This policy was established in 2022, reaffirmed
as an administrative policy in 2024, and was written with the expectation that the requests
would occur on a quarterly basis. Nine (9) requests were granted the opportunity to pay
FIL in 2024. This is the first request in 2025.
While the process was initially established for properties that generated mitigation below
1.5 FTEs, it has now been expanded due to the ongoing shortage of credits. The batched
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City Council Resolution #075, Series of 2025
Staff Memo, Q1 Fee-in-Lieu Requests
Page 3 of 3
policy now applies to projects that need to mitigate up to 2.0 FTEs (see Exhibit A). For
Q1, Council is asked to consider the request from one property owner to pay FIL for their
affordable housing mitigation. The project was successful in securing 0.46 FTEs through
an Affordable Housing Certificate yet has exhausted the avenues to obtain the remaining
Affordable Housing Certificates needed (0.48 FTEs), and the project is in the final stage
of building permit review prior to issuance.
With the confirmed shortage of Affordable Housing Credits, staff supports the batched
requests. Denying the requests would likely lead to suboptimal outcomes for Community
Development customers that have projects with mitigation requirements. It is not
reasonable to expect the property owners to pursue the other mitigation options offered
by the code for the relatively small employee generation related to their homes.
Below is the project requesting to pay FIL in Q1 of 2025. The FTE and FIL calculations
are estimates that will be confirmed and finalized as the last step of the building permit
process. A project cannot pay FIL for more than 2.0 FTEs through this batched review.
The Category 2 FIL amount is currently $431,077 per FTE. This rate was adopted via
Ordinance #01, Series of 2025 on February 11th, 2025. Yet, the Category 2 FIL rate is
$424,288 per FTE for the project below as the permit is vested in the 2024 mitigation rate.
• 1380 Riverside Drive – Permit 0071-2024-BRES – 0.48* FTEs requested
(*Note that the application reflects a request of 0.19 FTEs yet the amount has
changed due to the completion of the Zoning Team’s final review and calculation
of floor area. The updated mitigation results in an ask of 0.48 FTEs)
FINANCIAL IMPACTS: The fee-in-lieu mitigation would go into the 150 Fund for
affordable housing development.
ENVIRONMENTAL IMPACTS:
ALTERNATIVES:
CITY MANAGER COMMENTS:
RECOMMENDATIONS: Staff recommends City Council approve Resolution #075,
Series of 2025, with the condition that the project be required to extinguish the 0.46 FTEs
obtained through the Affordable Housing Credits Program prior to building permit
issuance and pay up to 2.0 FTEs via fee-in-lieu to meet affordable housing mitigation
requirements.
EXHIBITS:
Resolution #075, Series of 2025
Exhibit A – Title 26 Policy 01-2024
Exhibit B – FIL Request Letter
Exhibit C – P&Z Commission Resolution
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City Council – Fee-in-lieu Request
Resolution #075, Series of 2025
Page 1 of 2
RESOLUTION #075
(SERIES OF 2025)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE ABILITY OF
CERTAIN DEVELOMENT PROJECTS TO PAY FEE-IN-LIEU FOR AFFORDABLE
HOUSING MITIGATION REQUIREMENTS, PER MUNICIPAL CODE SECTION
26.470.110.C.
WHEREAS, The Affordable Housing Certificates Program has been established as the
preferred mechanism within the Land Use Code to provide required affordable housing mitigation;
and,
WHEREAS, the Land Use Code provides a process for an applicant to make a request to
Aspen City Council to pay fee-in-lieu in meeting mitigation requirements as an alternative to
Affordable Housing Certificates in Section 26.470.110.C; and,
WHEREAS, Community Development Staff has analyzed the current market conditions
for Affordable Housing Certificates and has determined that there is a shortage, making it
practically impossible to acquire Affordable Housing Certificates; and,
WHEREAS Community Development has presented and discussed this issue with the
Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on May 7, 2025, the Planning and Zoning Commission
considered the request of one property owner to pay fee-in-lieu in meeting affordable housing
mitigation requirements, and reviewed staff’s memo, and approved Resolution #06, Series of 2025,
by a six to zero (6-0) vote with the condition the project be required to extinguish the 0.46 FTEs
obtained through the Affordable Housing Credits Program prior to building permit issuance,
recommending Council consideration and approval of the requests to pay the remaining balance
via fee-in-lieu.
WHEREAS, at a regular meeting on May 27, 2025, City Council considered the
recommendations of the Community Development Department and the Planning and Zoning
Commission and evaluated the requests to pay fee-in-lieu in meeting affordable housing mitigation
requirements for specific development projects, and by a XX to XX (X - X) vote, approved the
requests.
NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT:
Section 1 Approvals and Conditions:
The following project is approved to pay up to 2.0 FTEs via fee-in-lieu to meet affordable housing
mitigation requirements conditioned that the project is required to extinguish the 0.46 FTEs obtained
through the Affordable Housing Credits Program prior to building permit issuance:
• 1380 Riverside Drive – 0.48 Category 2 FTEs at the 2024 rate of $424,288.
Permit # 0071-2024-BRES
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City Council – Fee-in-lieu Request
Resolution #075, Series of 2025
Page 2 of 2
The FTE and valuations of the fee-in-lieu as presented are estimates only and will be finalized prior
to building permit issuance, or the termination of the deferral agreement as applicable. This
resolution does not approve fee-in-lieu mitigation above 2.0 FTE for a single permit.
Section 2 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 3 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.
FINALLY, adopted, passed, and approved this 27th day of May 2025.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________________ __________________________________
Katherine Johnson, City Attorney Rachael Richards, Mayor
ATTEST:
_______________________________
Nicole Henning, City Clerk
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March 6, 2025
Planning Director
City of Aspen
RE: 1380 Riverside Dr
Affordable Housing Cash-in-Lieu Payment Request
City of Aspen Land Use Review,
Please accept this request to meet affordable housing mitigation requirements via a cash-
in-lieu payment for an expansion of the 1380 Riverside Drive property.
The property contains an existing home that will be demolished, a new single family
residence will be constructed in its place. The development requires the mitigation of
0.65 FTEs of employee housing. Early in the development process, .46 FTEs were
acquired, as this would have been sufficient at the time for the requirements of the
project. Since then, a rule change has been implemented increasing the amount of FTEs
required. This project is currently requiring 0.65 FTEs. This project will require an
additional .19 FTEs above the .46 FTEs that were previously acquired. An open market
search for available FTEs has been completed and none are currently available. This
amount exceeds the by-right allowance for a cash-in-lieu payment.
The map above shows the 1380 Riverside Drive Property
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The new construction permit is under review and is close to issuance. We appreciate
your expeditious review of this request as certain contractual obligations are at risk if this
request is delayed.
While the permit appears almost ready for issuance, please keep in mind that slight
discrepancies in measurements may still be realized and/or a change order could be
submitted that affects the exact amount of housing mitigation due. We respectfully
request that any adjustments to the mitigation required for this project subsequent to the
City Council review be handled administratively and additional payments or refunds be
accommodated accordingly.
The property is legally defined as Riverside Subdivision Block 1 Lot 2. The property is
owned by Susan Zane, of 1380 Riverside Dr LLC. Managing Partner Andrew Roberts is
authorized to represent the owner’s interests before the City of Aspen.
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1380 Riverside Dr
Page 2
This request complies with Section 26.470.110.c – Provision of Affordable Housing Via
Fee-in-Lieu Payment. Detailed responses to this criterion are provided below.
26.470.110.c – Provision of Affordable Housing Via Fee-in-Lieu Payment
The provision of affordable housing in excess of 0.10 Full-Time Equivalents (FTEs) via a
fee-in-lieu payment, upon a recommendation from the Planning and Zoning Commission
shall be approved, approved with conditions or denied by the City Council based on the
following criteria:
(1) The provision of affordable housing on site (on the same site as the project
requiring such affordable housing) is impractical given the physical or legal parameters
of the development or site or would be inconsistent with the character of the
neighborhood in which the project is being developed.
Response: The 1380 Riverside Dr property is in the center of a single-family and
duplex neighborhood. The development of affordable housing on this property
would be inconsistent with the character of the neighborhood and impractical given
the physical layout of the site.
(2) The applicant has made a reasonably good-faith effort in pursuit of providing the
required affordable housing off site through construction of new dwelling units, the
deed restriction of existing dwelling units to affordable housing status, or through the
purchase of affordable housing certificates.
Response: The prospect of pursuing an off-site development of a fraction of a
dwelling unit to house .09 employees is unrealistic. The land purchase alone would
be several million dollars and together with construction costs render this option
prohibitive. Properties eligible for “buy-down” to affordable rates are not for sale
and the costs of purchasing a 2 or 3 bedroom unit on the open market would be
drastically out of proportion to the impact of the home development. The Applicant
has made a good faith effort in securing affordable housing credits; however, none
are available at this time.
(3) The applicant has made a reasonably good-faith effort in pursuit of providing the
required affordable housing through the purchase and extinguishment of Certificates
of Affordable Housing Credit.
Response: The Applicant has made good faith efforts to secure affordable
housing credits from known owners. A portion of the required credits were
purchased in November of 2021 when credits were available. Currently credit
owners are not willing to sell and the market is “dry.”. No affordable housing
credits are available for purchase at this time.
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1380 Riverside Dr
Page 3
(4) The proposal furthers affordable housing goals, and the fee-in-lieu payment will
result in the near-term production of affordable housing units.
Response: The City’s fee-in-lieu rate is based on actual development costs with
an annual adjustment to account for changing development costs. The fee-in-lieu
system is designed to enable the community to achieve its affordable housing
goals and result in the near-term production of affordable housing. The City’s
affordable housing development efforts are ongoing with various purchase and
new development opportunities. The provision of this cash-in-lieu will result in the
near-term production of affordable housing.
We respectfully request the City accept and approve this request to meet the affordable
housing obligation of the 1380 Riverside property through a cash-in-lieu payment.
Approving this request will enable this residential project to move forward.
Please let us know if additional information is needed. We look forward to your review and
will make ourselves available for any questions or concerns you have.
Kind Regards,
Andrew Roberts, Riverside Venture Group
1380 Riverside Dr LLC DBA Riverside Venture Group
ARR
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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:
311
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)
312
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:
313
PRE-APPLICATION CONFERENCE SUMMARY
PRE-25-031
DATE: 03.05.2025
PLANNER: Magda Dziwosz. 970.230.1309. magda.dziwosz@aspen.gov
REPRESENTATIVE: Andrew Roberts. 970.615.0665. andrewryanroberts@me.com
PROJECT LOCATION: 1380 Riverside Dr
PARCEL ID: 2737-181-17-002
REQUEST: Affordable Housing Mitigation Cash-in-Lieu Payment
DESCRIPTION: The Applicant is interested in meeting affordable housing mitigation
requirements for the subject property via fee -in-lieu.
Pursuant to Land Use Code Section 26.470.110.c, Provision of Affordable Housing Via Fee-in-
Lieu Payment, mitigating via fee-in-lieu for more than 0.10 Full-Time Equivalents (FTEs) requires
a recommendation from the Planning and Zoning Commission followed by a final decision by the
City Council. The following criteria must be met:
1. The provision of affordable housing on-site (on the same site as the project requiring such
affordable housing) is impractical given the physical or legal parameters of the
development or site or would be inconsistent with the character of the neighborhood in
which the project is being developed.
2. The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing off-site through the construction of new dwelling units, the deed
restriction of existing dwelling units to affordable housing status, or through the purchase
of affordable housing certificates.
3. The applicant has made a reasonably good -faith effort in pursuit of providing the required
affordable housing through the purchase and extinguishment of Certificates of Affordable
Housing Credit.
4. The proposal furthers affordable housing goals, and the fee -in-lieu payment will result in
the near-term production of affordable housing units.
The City Council may accept any percentage of a project's total affordable housing mitigation to
be provided through a fee-in-lieu payment, including all or none. Council’s decision shall be
conducted as an action item and memorialized via resolution.
Following review and approval from P&Z and Council, any change orders or modifications
resulting in a net increase in mitigation requirements above 0.10 FTEs will trigger P&Z and Council
approval again per Chapter 26.470.110.c. The Applicant assumes responsibility for submitting an
application that accurately reflects mitigation requirements and should not submit such a request
prematurely.
RELEVANT LAND USE CODE SECTIONS:
Section Number Section Title
26.304 Common Development Review Procedures
314
26.470.110.c Provision of Affordable Housing Via Fee-in-Lieu Payment
HELPFUL LINKS:
• Land Use Application (PDF)
• Land Use Code (PDF)
REVIEW BY:
• Staff for completeness and recommendation
• Planning and Zoning Commission for recommendation followed by a final decision
from the City Council
PUBLIC HEARING: No
PLANNING FEES: $325 flat fee.
REFERRAL FEES: None
TOTAL DEPOSIT: $325.00
APPLICATION CHECKLIST: Below is a list of submittal requirements for this review. Please
email the entire application as one pdf to cdehadmins@aspen.gov. Include PRE-25-031 in
the subject line. If more than 18 months has lapsed since this letter was issued, please
reach out to planneroftheday@gmail.com.
Completed Land Use Application and signed Fee Agreement. (A link to these documents
is provided above.)
Pre-application Conference Summary (this document).
A written letter addressing the criteria described on the previous page of this document.
The letter should include the number of FTEs/mitigation requirements associated with the
request.
Once the copy is deemed complete by staff, the following items will then need to be submitted:
Total fee for review of the application.
Depending on further review of the case, additional items may be requested of the
application. Once the application is deemed complete by staff, the applicant/applicant’s
representative will receive an e-mail requesting submission of the deposit. Once the
deposit is received, the case will be assigned to a planner and the land use review will
begin.
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.
315
RESOLUTION #06
SERIES OF 2025
I llllll lllll lllll lllll lllll lllll 111111111111111111111111111111111111111 IIII •
RECEPTION#: 709417, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 05/16/2025 at 10:46:44 AM
Ingrid K. Grueter, Pitkin County, CO
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE ABILITY OF CERTAIN
DEVELOPMENT PROJECTS TO PAY FEE-IN-LIEU FOR REQUIRED AFFORDABLE
HOUSING MITIGATION REQUIREMENTS, PER MUNICIPAL CODE SECTION
26.470.110.C.
WHEREAS, the Affordable Housing Certificates Program has been established as the
preferred mechanism within the Land Use Code to provide required affordable housing mitigation;
and,
WHEREAS, the Land Use Code provides a process for an applicant to make a request to
Aspen City Council to provide affordable housing in excess of 0.10 Full-Time Equivalents (FTEs)
via a fee-in-lieu payment in Section 26.470.110.C; and,
WHEREAS, the Community Development Director signed Administrative Policy O 1-
2024 into effect on April 30, 2024, allowing for projects that generate up to 2.0 FTEs to be allowed
to mitigate via fee-in-lieu through the review procedures pursuant to 26.470.110.C -Provision of
-required affordable housing via a fee-in-lieu payment; and,
WHEREAS, Community Development Staff has analyzed the current market conditions
for Affordable Housing Certificates and has determined that there is a shortage, making it
practically impossible to acquire Affordable Housing Certificates; and,
WHEREAS, Community Development has presented and discussed this issue with the
Planning and Zoning Commission; and,
WHEREAS, at a regular meeting on May 7, 2025, the Planning and Zoning Commission
considered the request of one property owner to pay fee-in-lieu to meet affordable housing
mitigation requirements, and reviewed staff's memo, and by a six -zero (6-0) vote approves
Resolution #06, Series of 2025, recommending Council consideration and approval of the requests
to pay fee-in-lieu for QI of 2025.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1 Approvals:
Planning and Zoning Commission recommends the following project be required to extinguish the
0.46 FTEs obtained through the Affordable Housing Credits Program prior to building permit
issuance and pay up to 2.0 FTEs via fee-in-lieu to meet affordable housing mitigation requirements:
• 1380 Riverside Drive-0.19 Category 2 FTEs at the 2024 rate of $424,288.
Permit# 0071-2024-BRES
Planning and Zoning Commission
Resolution #06, Series of2025
Page I of2
316
The FTE mitigation calculation and valuations of the fee-in-lieu as presented are estimates only and
will be finalized prior to building permit issuance. This resolution does not approve fee-in-lieu
mitigation above 2.0 FTE for a single permit.
Section 2 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 3 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.
FINALLY, adopted, passed, and approved this 7th day of May 2025.
Approved as to form:
Attest:
~~=: cyTerry, Deputy Clerk
Approved as to content:
Planning and Zoning Commission
Resolution #06, Series of 2025
Page 2 of2
317
Agreement for Procurement and Professional Services Page 0
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2025-204
AGREEMENT made as of 5th day of May, in the year 2025.
BETWEEN the City:
Contract Amount:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Professional:
Timber Line Electric & Control Corporation
17591 Hwy. 8, Box 793
Morrison, CO 80465
303-697-0440
For the Following Project:
2025 SCADA Improvements
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$100,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: 05/27/2025
Resolution No.: 2025-071
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, and
Fee Schedule.
Total: $192,162.00
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or
materials as described in Exhibit A, appended hereto and by this reference incorporated
herein, for the sum of set forth above.
2. Delivery. (FOB Multiple sites determined by Utilities Department)
3. Contract Documents. This Agreement shall include all Contract Documents as the same are
listed in the Invitation to Bid or Request for Proposals and said Contract Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties. See Exhibit A.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor
the Professional shall have the right to assign, transfer or sublet its interest or obligations
hereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than 11/14/2025 with the installation and operation of all the equipment no later than 11/14/2025.
Upon request of the City, Professional shall submit, for the City's approval, a schedule for the
performance of Professional's services which shall be adjusted as required as the project proceeds,
and which shall include allowances for periods of time required by the City's project engineer for
review and approval of submissions and for approvals of authorities having jurisdiction over the
project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The rates for work performed by Professional shall not
exceed those rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to
by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
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9. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the
City shall determine that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement shall
become the property of the City. Notwithstanding the above, Professional shall not be relieved of
any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of
set-off until such time as the exact amount of damages due the City from the Professional may be
determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in
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whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission,
error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of
the Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend
against, any such liability, claims or demands at the sole expense of the Professional, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the
City in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole
or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall
reimburse the Professional for the portion of the judgment attributable to such act, omission, or
other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self-insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
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(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
include coverage for explosion, collapse, and underground hazards. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS
($2,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the City, its officers
or employees, or carried by or provided through any insurance pool of the City, shall
be excess and not contributory insurance to that provided by Professional. No
additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations.
The Professional shall be solely responsible for any deductible losses under any
policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty (30) days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
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(g) The parties hereto understand and agree that City is relying on and does not waive or
intend to waive by any provision of this contract, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to
City, its officers, or its employees.
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570,
pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or familial
status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
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term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s
absence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
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22. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City utilizing state or federal funds to
meet its obligations herein, this Agreement shall be contingent upon the availability of
those funds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
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the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as
the term is defined in Colorado law, including but not limited to websites, applications,
software, videos, and electronic documents must also comply with the latest version of Level AA
of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that
the information and communication technology used, created, developed, or procured in
connection with the Services hereunder meets these standards, Professional may be required to
demonstrate compliance. The Professional shall indemnify the CITY pursuant to the
Indemnification section above in relation to the Professional’s failure to comply with §§24-85-
101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability
as established by the Office of Information Technology pursuant to Section §24-85-103(2.5).
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________ [Signature] [Signature]
By: _____________________________ By: _____________________________ [Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________
City Attorney’s Office
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Kim Evezich
5/7/2025 | 9:35:40 AM PDT
Corporate Secretary
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EXHIBIT A
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IrcLoi
&ajap
EXHIBIT
1
improve State Highway 82 were put to the voters: provide a new direct connection into Aspen
across the Marolt-Thomas Property or widen the existing S-curve alignment. Both lost at the polls,
the direct connection by 10 votes. In February 1989, the Aspen City Council adopted a resolution
stating the Council's preference for an improved four -lane along the existing State Highway 82
alignment. A year later, the Aspen voters approved a direct four -lane alignment across the Marolt-
Thomas Property. As part of this vote, voters also favored the acquisition of city -owned parkland
and open space for the improved transportation corridor.
The passage of the LSTEA and changes in the Clean Air Act, coupled with a growing concern over
increased traffic congestion and quality of life issues, led to re-evaluating an approach to the
transportation link into Aspen. 1 1991, the three upper valley governments --the City of Aspen,
Pitkin County, and the Town of Snowmass Village --adopted a joint resolution to collectively address
and solve the three main transportation issues: traffic congestion, traffic safety, and air pollution.
Working collectively during an 18-month period the elected officials representing the three
jurisdictions, adopted Resolution No. 396 in October of 1992. This intergovernmental resolution
established a framework for an overall transportation system responsive to both ISTEA and the
changes in the CAAA. The following are the three components of the adopted intergovernmental
agreement:
• � 11 1 1 •' 11 1 1 '
1 • • • • 1 1 1 1cements to 1e exisIll • • way sys11 •' • •au• 11 • • 11 •usese
The development of • guidewaysystem as an alternativetransportation U1 between
downtownAspen,1e airport, and the Snowmass
1 ITI I• ' 1 -• 1 1 1 1• 1 I I • . I I 1 1 1 I•• 1• 1
1 1 I• •1 memures •1 the ballot. measure proposed 1' the /1 I 1
Lisportation sWes tax to provide bonding for dedicated 1 bus transitwaybetween I 1 1
3uftermilk Ski Area across1 • 1• 1 Property. Othermeasures defeated includoe
;onveyance of open I lands for 1' 1`• 1 transportation 1 I • 11 1 1 the relocatio 1
• State Highway • alignment to the• 1• 1 Property,
/. theof Aspen• 1 •
se MarolVThomas Open Space for tm sportation improvements 1the contextof an LRT syste11
summary of 1 ' ( • 1 and ofAspen• related • 1 1 • • 1 •' 1 1 1
Volume Comments I I Coordination of theHighway • Entrance • Aspen
Recreationai Lands, Open Space Lands, and Historic Resources
• .� 1. 1: I. 1 :.1 • 1• 1 11• : : 1• 1: : 1 1 • I 1 I 1 1 1
• 1 • I • I 1 • :1 • ' • 1 • : • 1 • � 1 1 1 - 1 1 % I r • 1 • 1 •
ere are three open space parcels, one designated park, five historic sites on or eligible for inc ion
)n the National Register of Historic Places, three additional properties locally. designated as historic,
hree golf courses, and an extensive recreational trail system. Ile Preferred Alternative will hinpact
ome of these• to some degree. effortbeen made to avoid or minimize
mpacts to the extentpossible1 these efforts`continue1 • 1 out the project design 1 •
Entrance to Aspen FEI3 S - 21
EXHIBIT
May 27th, 2025
Dear City Council Members and Planners,
If the City of Aspen is truly committed to preserving its local character and keeping long-term families in town,
ask you to please support the Cerise/Barabe family's proposal to rebuild their home at 790 Castle Creek Drive,
and to seriously consider their request for mitigation fee reductions.
This is not a developer flipping a property. This is a deeply rooted Aspen family trying to stay in the community
they've helped shape for generations. Take, for example, the photos included with this letter. One shows Martin
Cerise pictured in the archives of Holden-Marolt Barn museum. Another shows Carolyn Cerise-Barboa and
her daughter Katie teaching 4th graders how to make ice cream under the shade of the very tree they planted
for Martin decades ago. And now, their family's fourth generation — Martin's great-granddaughter — walks
beneath that same tree to learn about her great-grandfather. That's Aspen. That's legacy.
But legacy is at risk when families like this are priced out by exorbitant fees. Over $800,000 in city -imposed
costs — including fees for removing trees the family planted themselves, and an employee housing mitigation
fee exceeding $300,000 — is an unsustainable burden. This house has housed generations of employees, and
will continue to do so. These kinds of fees are designed to deter outside developers, not punish the very locals
Ate
say we want to retain.
Please support the Cerise/Barabe family's application for a demo permit, and please take meaningful action to
reduce their city fees. Aspen is at its best when it supports its own.
Sincerely,
Jeff White
Three Generations of Cerise's
making ice cream under
Martin Cerise's Tree at the 4th
Grade Pioneer Day at Holden
Marold Barn.
4th Graders from Aspen Elementary
Learning history with the poster which
features... Martin Cerise,
4
T i
Katie Fox making Ice Cream under the
tree planted in her Grandfather's Honor.
T
From: John Steae
To: Haley Hart
Subject: Carolyn Cerise Barabe and Family
Date: Tuesday, May 27, 2025 1:45:10 PM
Dear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our goal, please
consider the proposal the Cerise/Barabe families have set forth to demo their house and
consideration of mitigation fee reductions. Our wonderful community keeps changing as
longtime locals sell and move downvalley. We all know the cost of building in Aspen is
exorbitant but this family is trying to keep the property in the family rather than selling to a
developer. Any help from the city would be appreciated.
Name: J B Stege
Address: 820 Cemetery Ln. (purchased Oct 1976 and have lived all time/ two children
born here/ not moving)
Date: 5 27 25
�- -�
Count us in!
Dear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our goal, please consider the proposal
the Cerise/Barabe families have set forth to demo their house and consideration of mitigation fee reductions.
Our wonderful community keeps changing as longtime locals sell and move downvalley. We all know the cost
of building in Aspen is exorbitant but this family is trying to keep the property in the family rather than selling to
a developer. Any help from the city would be appreciated.
Name: Susan Cross
Address: 0510 Sopris Creek Road
Basalt, CO 81621
Date: May 27, 2025
From: peg4y AMORY
To: Haley Hart
Subject: CeriseBarabe home demo
Date: Tuesday, May 27, 2025 12:58:45 PM
Pease forward this message to City Council Members.
Dear City Council Members,
am writing to you on behalf of my long-time neighbors, the Cerise and Barabe
Families. They are trying to upgrade their property to accommodate their growing
family. They all have been invaluable employee members of our community. Instead
of selling their property to a developer and leaving Aspen, they wish to redo it to
accommodate their next generation.
They are experiencing huge expenses in the building process in addition to fees
regarding tree removal and employee housing mitigation fees. Part of their new
addition would be to accommodate their daughter who is a teacher at the Aspen
Middle School.
Any help to waive or reduce some of these fees would be greatly appreciated.
.Sincerely,
Peggy Amory
1370 Mountain View Dr, Aspen
From: Sarah Challinor
To: Haley Hart
Date: Tuesday, May 27, 2025 9:20:30 AM
Dear City Council Members,
If the City of Aspen aims to retain long-term residents, as appears to be our goal, please
consider the proposal the Cerise/Barabe families have submitted to demolish their house,
along with consideration of mitigation fee reductions. Our wonderful community keeps
changing as longtime locals sell and move downvalley. We all know the cost of building in
Aspen is exorbitant, but this family is trying to keep the property in the family rather than
selling to a developer. Any help from the city would be appreciated.
Sarah Challinor
101 Tabula Rasa, Aspen
May 27, 2025
From: Rocky Mountain
To: Haley Hart
Subject: RE: Hearing on 5/27/25 for new home at 790 Castle Creek Drive for Carolyn Cerise-Barabe and Family.
Date. Tuesday, May 27, 2025 9:12:38 AM
RE: Hearing today, 5/27/25, for new home at 790 Castle Creek Drive for Carolyn Cerise-
Barabe and Family. Please read at the hearing and/or distribute to city council members.
®ear City Council Members,
If the City of Aspen would like to keep longterm locals, as seems to be our goal, please
consider the proposal the Cerise/Barabe families have set forth to demo their house and
consideration of mitigation fee reductions. Our wonderful community keeps changing as
longtime locals sell and move downvalley. We all know the cost of building in Aspen is
exorbitant but this family is trying to keep the property in the family rather than selling to a
developer. Any help from the city would be appreciated.
Name: Steve Arthur and Anne Ware
Address: 1 Ajax Avenue, Aspen, CO 61611
®ate: 5/27/25
From: Sandy Simpson
To: Haley Hart
Subject: Fwd: A little help from my friends
Date: Tuesday, May 27, 2025 9:10:30 AM
Dear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our
goal, please consider the proposal the Cerise/Barabe families have set forth to
demo their house and consideration of mitigation fee reductions. Our
wonderful community keeps changing as longtime locals sell and move
downvalley. We all know the cost of building in Aspen is exorbitant but this
family is trying to keep the property in the family rather than selling to a
developer. Any help from the city would be appreciated.
Name: Sandy Simpson (lived in Aspen since 1972, moved to Basalt 2023.
Address:250 E Lewis Lane, Basalt, Colorado
Date:
Dear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our goal, please consider the
proposal the CeriselBarabe families have set forth to demo their house and consideration of mitigation fee
reductions. Our wonderful community keeps changing as longtime locals sell and move down valley. We all
know the cost of building in Aspen is exorbitant but this family is trying to keep the property in the family
rather than selling to a developer. Any help from the city would be appreciated.
Mark PattPrcnn
Laura Patterson
580 Cemetery Lane
May 25, 2025
From:
To:
Subject:
Date.
Dear Ms. Hart -
David Hyman
Haley Hart
Cerise/Barabe families" applications for Demolition and Construction Permits and a reduction in City Mitigation
Fees
Saturday, May 24, 2025 11:35:59 AM
Kindly include this letter to the Mayor and City Council for their consideration in the proposals and
applications presented by the Cerise/Barabe families
Thank you,
David
David Hyman
PO Box 1954
Aspen, CO 81612
970-618-2019
davidhyman@comcast.net
Dear Mayor Richards and Members of City Council:
am writing in support of the Proposal submitted by the Cerise/Barabe families for Demolition and
Construction Permits and a reduction in City Mitigation Fees.
In the spirit of preserving community, providing housing for employees and contributing members
of the community, and of preserving some of Aspen's character, it seems appropriate and
reasonable to waive fees associated with tree removal, employee housing mitigation and water
and tap fees.
I do understand that there are reasons and precedent and ordinances that support and dictate
these fees, but facilitating the perpetuation of amulti-generational homestead is a vital justification
for waiving fees that stand in the way of allowing the Cerise/Barabee families to update and
remain on their property.
Thank you for your consideration,
David Hyman
David Hyman
PO Box 1954
Aspen, CO 81612
970-618-2019
davidhyman@comcast.net
From:
To:
Subject:
Date.
Mary Jo KimbrouU
Haley Hart
Cerise/Barabe request for consideration of mitigation fee reductions
Tuesday, May 27, 2025 8:24:05 AM
®ear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our goal, please
consider the proposal the Cerise/Barabe families have set forth to demo their house and
consideration of mitigation fee reductions. Our wonderful community keeps changing as
longtime locals sell and move downvalley. We all know the cost of building in Aspen is
exorbitant but this family is trying to keep the property in the family rather than selling to a
developer. Any help from the city would be appreciated.
Thank you for this consideration. Mary Jo Kimbrough (50 year resident) 830 Cemetery
bane
May 27, 2005
From: Cc: CC Harriman
To: Haley Hart
Subject: Cerise/Barabe home
Date: Monday, May 26, 2025 9:46:56 PM
Dear City Council Members,
If the City of Aspen would like to keep long-term locals, as seems to be our goal, please
consider the proposal the Cerise/Barabe families have set forth to demo their house and
consideration of mitigation fee reductions. Our wonderful community keeps changing as
longtime locals sell and move downvalley. We all know the cost of building in Aspen is
exorbitant but this family is trying to keep the property in the family rather than selling to a
developer. Any help from the city would be appreciated.
Name: Leelee Harriman
Address: 830 Cemetery Lane
Date: 5/26/25
From: Murrav Cunningham
To: Haley Hart
Subject: 790 Castle Creek Drive
Date: Monday, May 26, 2025 6:22:49 PM
Aspen City Council
C/O Haley Hart
City Council is the heart and soul of local representative government. It is the place where one
can ask that common sense be considered in the hard and fast policies of the building fee
structure.
I am writing you to ask that you consider reducing or waving some of the building premit fees
for this multi -generational local family whose sole interest is to continue to house their adult
child (teacher / RFSD) her husband and their grandchild. If one considers the fee structure in
light of a multi -million dollar second home it is a small fraction of the overall all project.
However, for an affordable local home it is a much larger percentage.
Aspen was one of the first communities to recognize the value of work force housing to
preserve community. Reducing the fees for this local working family is one way council can
use the levers of power at its command to level the field of play and keep families living and
working in the community.
Thank you for considering this point of view...
Murray &Claudia Cunningham
Currently serving / 50 yrs to life without parole...
Sent from my iPad
From: Barb Pitchford
To: Halev Hart
Cc: carolynbarabeCa�gmail.com
Subject: Cerise/Barabe application
Date: Monday, May 26, 2025 12:47:40 PM
Dear City Council Members,
I have known the Cerise/Barabe family for decades, as parents,
student, neighbors, and community contributors. They are a
family that can trace their Aspen roots back more than 7+
decades. As we are experiencing the loss of longtime locals
moving out of our town due to the high cost of housing, it is
imperative that we do whatever we can to maintain and sustain
a stable, vital, and involved community. The Cerise/Barabe
family are just such key contributors.
I believe at its core, the City of Aspen would like to keep long-
term locals who know and care about our history, culture, and
community. To that end, in the case of the Cerise/Barabe
family's demo and remodel application, please consider
mitigating some of fees, e.g., employee housing; they have had
4 generations of 'employees' live there for almost 70 years!
This family is trying to keep the property rather than selling to a
developer. Please consider mitigating fees to help them keep
their family property. Any help from the city would be
appreciated.
Sincerely,
Barb Pitchford
Barb Pitchford
970-948-0966
0
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