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AGENDA ASPEN HISTORIC PRESERVATION COMMISSION August 13, 2025 4:30 PM, City Council Chambers - 3rd Floor 427 Rio Grande Place Aspen, CO 81611 I.ROLL CALL II.MINUTES II.A Draft Minutes - 6/3/25 III.PUBLIC COMMENTS IV.COMMISSIONER MEMBER COMMENTS V.DISCLOSURE OF CONFLICT OF INTEREST VI.PROJECT MONITORING VII.STAFF COMMENTS VIII.CERTIFICATE OF NO NEGATIVE EFFECT ISSUED IX.CALL UP REPORTS X.SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS XI.SUBSTANTIAL AMENDMENT XI.A 135 E. Cooper Ave. - Substantial Amendment Request XII.OLD BUSINESS XIII.NEW BUSINESS minutes.hpc.20250603_DRAFT.docx 135 E Cooper Ave Substantial Amendment Request - Staff Memo.pdf HPC Resolution #09, Series of 2025.pdf Exhibit A - Historic Preservation Design Guidelines - Staff Findings.pdf Exhibit B - Application.pdf Exhibit C - Updated Cover Letter from Applicant.pdf 1 1 XIII.A Resolution #XX, Series of 2025 - HPC Recommendation for STR Policy Updates XIV.ADJOURN XV.NEXT RESOLUTION NUMBER HPC Memo_Resolution #XX, Series of 2025_ Recommendation.pdf HPC Resolution #XX Series of 2025_ Recommendation.pdf Exhibit A_Draft Code Amendments_Section 26.104.100 Definitions, and Section 26.530 Short term Rental Regulations.pdf Exhibit B_Ordinance #026, Series of 2021.pdf Exhibit C_Ordinance #09, Series of 2022.pdf Exhibit D_Info Only Memo_STR Update_3.26.24.pdf Exhibit E_Info Only Memo_STR Program Response to Public Comment_10.22.24.pdf Exhibit F_Resolution #137, Series of 2024.pdf Exhibit G_Memo_Review of the STR Program_2.24.25.pdf Exhibit H_Resolution #077, Series of 2025.pdf TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS (1 Hour, 15 Minutes for each Major Agenda Item) 1. Declaration of Conflicts of Interest (at beginning of agenda) 2. Presentation of proof of legal notice (at beginning of agenda) 3. Applicant presentation (10 minutes for minor development; 20 minutes for major development) 4. Board questions and clarifications of applicant (5 minutes) 5. Staff presentation (5 minutes for minor development; 10 minutes for major development) 6. Board questions and clarifications of staff (5 minutes) 7. Public comments (5 minutes total, or 3 minutes/ person or as determined by the Chair) 8. Close public comment portion of hearing 9. Applicant rebuttal/clarification (5 minutes) 10. Staff rebuttal/clarification (5 minutes) End of fact finding. Chairperson identifies the issues to be discussed. 11. Deliberation by the commission and findings based on criteria commences. No further input from applicant or staff unless invited by the Chair. Staff may ask to be recognized if there is a factual error to be corrected. If the item is to be continued, the Chair may provide a summary of areas to be restudied at their discretion, but the applicant is not to re-start discussion of the case or the board’s direction. (20 minutes) 12. Motion. Prior to vote the chair will allow for call for clarification for the proposed resolution. Please note that staff and/or the applicant must vacate the dais during the opposite presentation and board question and clarification session. Both staff and applicant team will vacate the dais during HPC deliberation unless invited by the chair to return. 2 2 Updated: March 7, 2024 3 3 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Roger Moyer, Jodi Surfas, Duncan Clauss, Barb Pitchford, Dakota Severe, Kim Raymond and Kara Thompson. Staff present: Gillian White – Principal Preservation Planner Ben Anderson – Community Development Director Daniel Folke – Planning Director Jim True – Special Council Tracy Terry – Deputy City Clerk MINUTES: None PUBLIC COMMENTS: None COMMISSSIONER MEMBER COMMENTS: Ms. Severe asked about the painted trim on the building next to the Red Onion. Staff mentioned it was approved as it was non-historic brick. Ms. Pitchford asked if there was an active building permit for the Boomerang. Ms. Thompson said that there was no permit, but the owner was completing the required maintenance. DISCLOSURE OF CONFLICTS OF INTEREST: None PROJECT MONITORING: None STAFF COMMENTS: None CERTIFICATE OF NO NEGATIVE EFFECT: None CALL UP REPORTS: None SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Mr. True confirmed that public notice was completed in compliance with the Code as needed for the agenda item. OLD BUSINESS: 130 S. Galena St. & 525 E. Hopkins Ave. - Armory Hall and Conner Memorial Park - Public Hearing Applicant Presentation: Jessica Garrow – Design Workshop, Todd Kennedy – CCY Architects Ms. Garrow began her presentation by going over some of the direction that the project team has received from City Council that has influenced many of the design decisions. She then reviewed previous Council Resolutions ranging from 2022 to 2025 that provided this direction to various City departments. These included an alley visitor center addition, a secondary entrance vestibule off Conner Park, as well as specific direction to remove the southern eave extension on Hopkins. 4 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 Mr. Kennedy then reviewed the window report that was compiled from paint sampling, photographic records and visual inspections. He noted this resulted in three varying window conditions: historic openings with historic windows, historic openings with non-historic windows and non-historic openings with non-historic windows. He then identified these varying window conditions on each façade and noted which would be affected by the new design. Ms. Garrow then went over some of the updates to the Conner Park landscaping elements, focusing on the feedback from staff and the HPC relative to the alternative grass materials. She reiterated that in conversation with the Parks department, they really feel that actual grass is not a viable option due to the large spruce tree which is why the design team is proposing synthetic grass materials. She then went over a few other alternative options and showed some renderings. Mr. Kennedy moved on to the architecture and noted that they spent considerable time reviewing the preservation guidelines and noted that they believe the vast majority of applicable guidelines have been met. He said that while there may have been a few guidelines that the applicant team interpreted differently than City staff or the HPC, they have certainly not been ignored. He also reiterated that the preservation guidelines also mention that not all guidelines have to be met. He then went over a few specific guidelines that were discussed at the last meeting. These included the roof materials for the Armory and the new addition to which Mr. Kennedy noted that after HPC’s feedback, they are now proposing synthetic shingles for the main Armory building. Next, he reviewed the visitor center and the transparency of the “connector” element that was brought up at the last meeting. He showed the updated design of this element. He mentioned that they believe the visitor center addition is appropriate per the guidelines and he described the reasoning. Mr. Kennedy moved on to the vestibule entrance on the Conner Park façade. He detailed the changes that had been made to the proposal, resulting from the feedback received at the last meeting. He noted that the applicant team welcomed more feedback on these elements but stressed the importance of creating transparency into the building given its new use. He went on to further explain their reasoning for the current proposed design for this secondary ADA entrance. Mr. Kennedy moved on to the Hopkins façade and further explained the reasoning for the removal of the eave extension. He noted that while there are guidelines suggesting the eave has gained historic significance, they believe there are other guidelines that support its removal. He highlighted these reasons. He then described their updated proposal for the treatment of Bays #2 and #5, based on the feedback received at the last meeting. Ms. Garrow displayed another alternative design to the Hopkins façade, while noting that the applicant team prefers the design that Mr. Kennedy just described. She also prefaced that they are trying to balance the feedback from HPC with the direction received from City Council. Mr. Kennedy further described the direction from City Council as striking a balance between the commercial viability of the building and the design guidelines. He concluded by stating that the applicant team sought to develop a compelling, attractive adaptive reuse of the building that balanced preservation and commercial viability. Ms. Garrow noted that they are presenting to City Council at a work session scheduled for June 16th and requested some very clear direction and a recommendation of conditions that HPC would like to see so that it can be shared with City Council. Ms. Severe asked if the doors on the Hopkins façade still open vertically. Mr. Kennedy said that the framing was updated to better reflect the historic detailing, but they still open vertically. He further 5 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 detailed the design of the doors. There was some further discussion about the door openings on Hopkins and near the vestibule on the Conner Park side. Mr. Kennedy noted that the two door openings in bays 2 and 5 were not meant as main ingress and egress access points but rather would only be opened by the building operator in good weather to allow a more casual way in and out of the building. Ms. Thompson asked Mr. Kennedy to explain the plate height of the two additions. Mr. Kennedy said it was mainly driven by the Commercial Design Standards. Ms. Garrow further explained the Standards and the reasoning behind the chosen plate heights. Ms. Raymond asked if there were any design options that still included the historic south Eave. She understood the spot that the applicant team was in regarding the direction from City Council to remove the eave but noted the community’s familiarity and attachment to it. Mr. Kennedy said that the eave was part of some early designs, but its proposed removal stemmed from discussions about overall viability, energy efficiency and the idea of Conner Park growing into the Hopkins Ave right of way. He noted that the drip line from the existing eave was right in the middle of the right of way and any future hardscape and landscape design in that area would be abused from dripping and would create the risk of snowfall off the roof. He said that for safety reasons he could not support a design that created a public space parklet in the Hopkins right of way and kept the eave. Mr. Moyer noted that some of the previous work and renovations on the Armory were before the creation of the Historic Preservation program. He asked where the direction for the Armory re-use and redesign came from and noted the change in the current City Council and recent change of City Manager. Ms. Garrow went over the history of how the idea of the redesign and new re-use of the Armory came to be, noting the roughly 10-year conversation between the City and the community and the extensive public outreach resulting in the idea of creating a community space that included a food hall. Mr. Moyer said that the basic premise of Historic Preservation is that you leave the exterior of a building alone. Ms. Garrow responded that she and the entire design team were guided by the Historic Preservation Guidelines, Land Use Code and direction from the community and City Councils in order to create a viable adapted re-use of the Armory. Ms. Pitchford asked if the previous five City Council Resolutions related to the Armory re-use were part of the Public Projects process. She wanted to know how the Resolutions got to Council before there was a review of the project. Mr. Anderson responded that the five resolutions were giving direction to the design team as to what the City Council perceived as the community’s best interest and seeing a successful project. He reiterated the many years of discussion that led to the current project and detailed the Public Projects process again. Mr. True described a similar process that occurred regarding a potential project at the Wheeler Opera House many years ago, in which many of the design processes were done on the public record. Mr. Moyer asked if, during the many years of discussion and subsequent design, there was any thought of involving the Historic Preservation Commission. Ms. Garrow noted that there was a request to the City Manager at the time to hold a work session with HPC, but it was denied. Mr. Moyer asked if during the design process, the team acknowledged that the design went against many of the guidelines. Ms. Garrow said that during the many work sessions with City Council, the design team mentioned that they were pushing up against some of the guidelines and that some balance needed to be considered. 6 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 Mr. Moyer asked if the entrance to the visitor center would be a sufficient ADA access entry to the building. Mr. Kennedey noted that there may be times when the visitor center may be closed during normal operating hours of the Armory. Ms. Raymond asked about the glass walls in the proposed visitor center and what was behind them as well as the height of the roof and mechanical screening on top. Mr. Kennedy went over some of the design details. Ms. Raymond then asked Mr. Anderson if the Resolutions passed by Council were a mandate to the design team and if they had to follow them. Mr. Anderson believed the design team took them as a mandate because the resolutions drove the contract and design choices. He noted that the resolutions were a way to get Council’s direction on the record, as Councils do change over time. Mr. True clarified that the Resolutions were formal direction from Council for staff members to move forward in a particular direction. Ms. Garrow stated again that Council has expressed its interest in the HPC’s recommendations and direction to weigh into their decisions and that they could always change their direction to staff after hearing from HPC. Ms. Surfas asked where the WeCycle station was proposed to be. Ms. Garrow noted the proposed location in the alley. Ms. Severe asked if the design team had reviewed the many comments that the public had submitted during the outreach efforts that spoke at length about their feelings around the outside of the building. Mr. Kennedy said that they referenced the community feedback in all their work but reiterated that there were many things to balance here. Staff Presentation: Gillian White - Principal Preservation Planner Ms. White began her presentation by going over the request for HPC to provide a recommendation on the proposed development and noted that this item was continued from the May 14th meeting. She then went over the details of the property and its location. She presented a rendering of the applicant team’s updated design for the Hopkins façade. She highlighted the southern eave and noted that its removal was staff’s most principal concern. She continued by highlighting specific Historic Preservation Guidelines and the staff analysis of each as described in the “Staff Analysis” section of the staff memo. She showed renderings of the facades and features of the building highlighting certain areas as she went over staff’s Guideline analysis. She also spent time reviewing the applicant’s alternative design and staff’s high-level analysis of it, again as detailed in the “Staff Analysis” section of the memo. Next, she listed the items that staff still has concerns about including the proposed removal of the southern eave, the vestibule addition, the plastic shake roofing materials, the Hopkins Avenue canopies, the proposed materials for Conner Park and the size and style of the new fenestration. She noted that HPC is encouraged to make a recommendation to City Council for either approval, approval with conditions or a denial with the basis rooted in the review criteria presented. She then showed a list of proposed conditions to be included in the recommendation resolution be it for either approval or denial. Mr. Moyer asked why staff did not address the connecting link to the visitor center addition. Ms. White responded that it is technically not applicable per the guidelines as connecting links are only required for additions that are taller than the historic resource and in this case the visitor center is shorter than the Armory. She noted that staff felt the increased transparency struck a good balance. Ms. Raymond asked if staff would be more open to a composite shake roofing material if actual examples were provided. Ms. White said that if the applicant provided a material option that had not 7 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 been seen before on other projects, staff would be open to reviewing it, but staff does not believe the technology of synthetic roofing materials has gotten to place where they are appropriate in this setting. Public Comment: Ms. Thompson asked the members to confirm they had received the public comment email from Helen Palmer. All members confirmed. Mr. Ward Hauenstein noted that as a previous City Council member he had been involved with this project going back to an advisory vote in 2015. He wanted to address some of Mr. Moyer’s comments on who was responsible for this and how we got to where it is now. He did not feel that City Council owns the building, but rather the citizens do. He said the Council tries the best they can to listen to feedback from all stakeholders and the public in order to make the Armory function as best it can for what the public wants. He understood the guidelines and HPC’s role and feelings about protecting the historic asset. He acknowledged HPC’s apparent frustration that they were just a recommending body in this process. He also noted that in his years of involvement on the project, Council members had always been concerned with the interior programming and what exterior changes would have to be made in order to make it viable. He hoped that the historical integrity could be maintained while delivering a lively community center and gathering place, as the public has expressed. Mr. Moyer commented on his thoughts on the proposed ideas for the interior programming and felt that it would be interesting to see if it will work. He then asked Mr. Hauenstein if in his years dealing with this, did getting HPC involved ever come up. Mr. Hauenstein noted that HPC is involved now and that returning the Armory to a functioning asset for the community is what City Council, the community and hopefully what HPC wants. Ms. Severe asked Mr. Hauenstein about his personal opinion of the proposed changes to bay 2 and the eave. He said that he liked the idea of bringing light into the building The board took a short break. Board Discussion: Ms. Thompson began the board discussion by acknowledging that this is a challenging process and they are all having trouble providing direction given this is atypical to their normal process of being involved earlier in the process. She understood the Council’s focus that the new use of the building performs for the community but stated that HPC’s role and responsibility is focused on preserving the building beyond the current proposed use so that its most historic form lasts into the future. She hoped to provide recommendations tonight and she started the discussion with the windows. She felt the proposed windows on the Hopkins façade were architecturally and visually tied to the style of the proposed vestibule and visitor center additions which is not consistent with the guidelines. She felt the proportion of the new window / door openings was consistent with the new construction and not the historic resource and that that was one of the most challenging things for her. Mr. Moyer said that their job was to make sure no historic brick was removed from the building. He felt it shouldn’t even be a discussion. He felt that their role was to preserve the historic building and not to help someone transform it into something else by tearing out parts of it. Ms. Surfas felt that you could still create the new layout and programming for the interior of the building without disturbing the exterior or removing any existing brick. Ms. Severe felt that if the eave was ultimately going to be removed, keeping bay #2 intact would retain more of the historical feel of the building. 8 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 Ms. Raymond reiterated Mr. Moyer’s comments and felt that HPC’s job was to preserve the building as much as possible. She also acknowledged that the applicant team’s job was to make it as commercially viable as possible. She felt the Hopkins and Galena facades, being the most prominent, should be preserved the most. She noted that her original issue with the wraparound canopy was whether intentional or not, it created the sense that the vestibule entrance facing Conner Park was the main entrance and the historic door on Galena was now a secondary entrance. She felt there needed to be a way to make the Galena entrance more prominent if it was to be perceived as the primary entrance. She agreed with Ms. Thompson’s comments on the windows on Hopkins and did not feel they worked for her. She also acknowledged Mr. Moyer’s comments about saving every brick but realized that woudl not be possible if the building were to be a financially viable product for the community. She ultimately felt the windows on Galena and next to the vestibule entrance needed to be proportional and smaller. As for the roofing materials, she agreed with Mr. Kennedy that by putting a standing seem metal roof on would seem like a really nice detail was missed and may seem cheap looking. Mr. Moyer felt that people could enjoy the building without all the windows and stated again that their job was not to transform a historic structure so that people could have fun. Ms. Pitchford felt that it was the interior programming of the building that would draw people in, not the exterior. Ms. Thompson agreed with Ms. Raymond about the roof overhang on the vestibule. She understood the need for the vestibule to remain in some form but expected the opening in the brick to be as minimal as possible to achieve the ADA code requirements. Ms. Pitchford, like Mr. Moyer, felt it was their job to preserve the historic resource as much as possible while still making the building functional. She acknowledged the hard work that the applicant team has invested in this project and the conflict they are in. She stated that she fully agreed with staff that the roof eave should remain and in getting rid of the canopies. She felt there should be another way to address snowmelt and functionality and felt that the proposed design marginalized the main Galena Street entrance. She did not want to sacrifice the eave for natural light and stated again that it was the inside of the building that would draw people in. She said that she disagreed with every one of the City Council Resolutions giving direction. She noted that Council had interviewed each member of the board before appointing them and tasked them with preserving the history of Aspen through its buildings. She said that Council had violated at least twenty-nine guidelines and standards on this project. She felt that the proposed design was attractive, but it was no longer the Armory. Ms. Surfas felt the applicant presentation was very compelling and that the members of Council at the time the Resolutions were passed, may not have known all the Historic Preservation Guidelines. She agreed with Mr. Moyer about their job of preserving the building and felt that the inside of the building still works if you remove all these elements of the new design. She felt HPC’s personal opinions did not matter and that they were ultimately there to review the project against the guidelines. Ms. Thompson felt the direction she would give to the design team would be to remove the three large window units on the Hopkins’ façade, that the canopies needed to come back from the Hopkins’ façade and the awning needed to remain. She also agreed with Mr. Raymond that the vestibule addition on the Conner Park side should remain but with the roof pulled back and the visitor center addition getting a different window style. 9 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 There was some discussion about a potential motion and the proposed conditions. Ms. Thompson wanted to add conditions that no integrated gutter system was to be installed and that a one-foot gravel border around the historic resource be installed. MOTION: Mr. Moyer made a motion to deny the application as presented given the applicable guidelines and standards that have not been met. He noted that HPC finds the seven conditions proposed by staff in the memo, adding an eighth condition that no integrated gutters be installed, need to be addressed before a recommendation for approval can be revisited. Ms. Pitchford seconded. Ms. Raymond commented that she agreed with Ms. Thompson that the Conner Park vestibule could remain if made smaller and without the adjacent window. She felt the eave should remain and that the applicant team should work with staff and monitor on the roof materials and the ground cover materials in Conner Park. Ms. Thompson noted that HPC had previously denied many applicants in the downtown area that requested to install turf and felt they should not make an exception here. Ms. Severe agreed that she would prefer artificial turf to more hardscape but would rather see real grass if possible. Ms. Garrow displayed a few renderings on the vestibule and proposed window on the Conner Park façade and there was some discussion about the existing windows that were to be removed to accommodate the vestibule. Ms. Garrow noted that the windows to be removed were added in the 1970s and were not historic. After some more discussion of ideas for the vestibule, Ms. Thompson called for a vote. Roll call vote: Ms. Severe, no; Ms. Raymond, no; Ms. Pitchford, yes; Ms. Surfas, yes; Mr. Moyer, yes; Ms. Thompson, no. Mr. Clauss abstained. 3-3, tie vote, no action. Mr. Moyer felt that staff had done a great job on their review and he was sure they had gotten a lot of pressure not to do so, as it was a City project. He felt that when staff does a great job HPC should go with their recommendation. Ms. Thompson said that they don’t always have to agree completely with staff. Mr. Anderson wanted the HPC to think about the power of conditions in their recommendation. He felt where HPC landed on the conditions would give City Council clear direction in their decision making. Ms. Thompson moved to extend the meeting to 7:15pm. Ms. Severe seconded. All in favor, meeting extended. There was then some discussion about potential amendments to the conditions included in the previous motion. MOTION: Mr. Moyer amended his original motion to include the changes and additional language discussed and then detailed by Ms. Thompson. Ms. Pitchford agreed. Ms. White then reiterated the entire amended motion including the amended conditions. There was then more discussion to further clarify some of the included conditions. Mr. Moyer and Ms. Pitchford both agreed with the clarifications. Roll call vote: Ms. Severe, yes; Ms. Raymond, yes; Ms. Pitchford, yes; Ms. Surfas, yes; Mr. Moyer, yes; Ms. Thompson, yes. Mr. Clauss abstained. 6-0, motion passes. 10 SPECIAL MEETING HISTORIC PRESERVATION COMMISSION JUNE 3RD, 2025 ADJOURN: Ms. Thompson moved to adjourn the regular meeting. Ms. Severe seconded. All in favor, motion passes. ____________________ Mike Sear, Deputy City Clerk 11 Page 1 of 6 Memorandum LPA-25-043 TO: Aspen Historic Preservation Commission THROUGH: Dan Folke, Planning Director FROM: Gillian White, Historic Preservation Officer, Principal Planner MEETING DATE: August 13, 2025 RE: 135 E. Cooper Ave. – Substantial Amendment; PUBLIC HEARING APPLICANT /OWNER: Aspen Core Holdings, LLC. REPRESENTATIVE: Sara Adams, BendonAdams LOCATION: Street Address: 135 E. Cooper Ave. Legal Description: Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen Parcel Identification Number: PID# 2735-131-04-003 CURRENT ZONING & USE RMF (Residential Multi- Family); Single-family home PROPOSED ZONING & USE: No change SUMMARY: The applicant requests a Substantial Amendment to replace wood- shingle roofing with metal-tile roofing atop two historic resources. STAFF RECOMMENDATION: Staff recommend approval with conditions for this Substantial Amendment application. Figure 1. Site Location Map – 135 E. Cooper Ave. 12 Page 2 of 6 SUMMARY OF PREVIOUS MEETING: This Substantial Amendment request came before the HPC on June 25, 2025. During the hearing, the applicant provided samples and mockups of the proposed roofing materials. The HPC, while appreciative of the applicants attempt to create a custom metal shingle, voted to continue the item to a future meeting to allow the applicant more time to improve the material. The HPC recommended that the applicant review the attributes of a wood shingle and incorporate those into the custom shingle, including texture, color, sizing, and thickness. UPDATES TO REQUEST: The applicant took the recommendations from the HPC and modified the custom metal shingle to better relate to a wood shingle. The updated shingle that is proposed for the historic resources has a darker brown finish, additional marks/striations to create texture, and a thicker end. The applicant has decided to keep the previously approved Freedom Grey material for the addition. BACKGROUND: The property at 135 E. Cooper Ave. is legally described as Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen, CO. This 6,500-square-foot site in the Residential Multi-Family (RMF) zone district contains the 2-story Dixon-Markle House, constructed on this site in 1888, and a 1-story, gable-roofed, dwelling likely constructed on the site sometime before 1890. The property is listed on the Aspen Inventory of Landmark Sites and Structures (Ordinance #77, Series of 1981) as well as the National Register of Historic Places. According to the 1986 National Register of Historic Places – Nomination Form, “the Dixon-Markel House is significant for its unusual vernacular design using Queen Anne elements.” Although its design is typical of pattern books that publicized Queen Anne designs across the country, the Nomination Form states, the Dixon-Markel House is “unique,” has “a distinctive appearance unlike other Aspen residences of the same period,” and is “one of the largest and most visible in the immediate neighborhood.” It also features nearly all of the characteristics of the Queen Anne style identified in the Historic Preservation Design Guidelines, including decorative wall surface patterns, steeply pitched rooflines, and decorative shingles. Regarding such buildings, this document states, “preserving the ornamental details and the original materials of this style are high priorities.” The single-story, gable-roofed, historic structure appears to have originated at the front of Lot H, immediately west of the Dixon-Markle House. Historic photographs and Sanborn Maps show a relatively modest dwelling with a simple, rectangular shape entered through a shed-roofed porch that spans the width of the east façade. The only apparent ornamentation is on the bay window below the front gable. Around 1964, this dwelling seems to have been significantly altered and relocated to the rear of Lot H, but continued to function as a dwelling or “guest house.” In 2003, the HPC approved a Major Development that included excavating a basement, across the front half of the site, moving the Dixon-Markel House slightly northeast of its original location, constructing a two-story addition to its west, and erecting a detached garage on the southeast of the site. The project included a 500-square-foot floor area bonus and setback variations. 13 Page 3 of 6 In 2015, the HPC approved with conditions a Minor Development to replace the one-story connector between the Dixon-Markel House and the west addition with a two-story glass-enclosed stairway. The HPC approved a Substantial Amendment modifying the connection to exclude a stairway in 2018. Later in 2018, the HPC permitted a minor development, including demolishing the 14-year-old garage, relocating and reorienting the historic one-story building to the southeast corner of the site, and constructing front and rear additions to the existing addition west of the Dixon-Markel House. Variations allowed a reduction of setbacks on all but the east side of the property. HPC Resolution #11, Series of 2019, approved a substantial amendment, relocation, and setback variations to temporarily relocate the historic buildings and excavate a larger basement. Other than rolled-asphalt roofing installed on the historic one-story building around the time of its first relocation on the site, historic evidence suggests both historic resources at 135 E. Cooper Ave. have only ever had wood-shingle roofing. Sanborn Maps from 1890 and 1904 indicate such material is original to both buildings and their porches. In 2020, the project monitoring committee apparently approved the use of 4½-inch-long, 9-inch- wide, Freedom Grey, Revere, tin-and-zinc-alloy-coated-copper-tile roofing atop the non-historic west addition, and Freedom Grey, Revere, tin-and-zinc-alloy-coated copper gutters, flashing, downspouts and snow stops on all buildings at 135 E. Cooper Ave. Fig. 2: 1904 Sanborn Map with the historic one-story building highlighted in green, Dixon-Markle House highlighted in blue. Fig. 3: Circa 1955 Photograph of Dixon-Markle House and historic one- story building from the northeast (Aspen Historical Society, Object ID No. 1974.068.0263) 14 Page 4 of 6 REQUEST OF HPC: The Applicant requests the following approval: • Substantial Amendment (Sec. 26.415.070(e)(2)): to replace wood-shingle roofing with metal-tile roofing atop two historic resources. The Historic Preservation Commission (HPC) is the final review authority for this application. PROJECT SUMMARY: • Metal Roofing Material. The applicant proposes to install 5-inch-long, 5- to 12-inch-wide, <3/64-inch-thick, bronze and/or stainless steel tiles atop the two historic resources at 135 E. Cooper Ave. instead of the previously approved 16-inch-long, 3½- to 11-inch wide, 3/8- inch-thick, Maibec cedar shingles with 5-inch exposures at 135 E. Cooper Ave. instead of the previously approved 16-inch-long, 3½- to 11-inch wide, 3/8-inch-thick, Maibec cedar shingles with 5-inch exposures. As it does not meet the criteria for minor modifications to HPC-approved plans enumerated in Aspen Land Use Code Section 26.415.070(e)(1)a., the proposed project does not qualify for consideration as an insubstantial amendment. Notably, the proposed work would “change the shape, location or material of a building element or feature,” but would not maintain “the same quality and approximate appearance of that found in the approved plan.” Accordingly, the request for metal-tile roofing atop two historic resources warrants a substantial amendment review by the HPC, a one-step review with a public hearing, after which the application may be approved, disapproved, approved with conditions, or continued to obtain additional information necessary to make a decision to approve or deny. Fig. 4: 2012 Photograph of the 135 E. Cooper Ave. from S. Aspen St. 15 Page 5 of 6 STAFF EVALUATION: As detailed in Exhibit A, staff find the application for a Substantial Amendment at 135 E. Cooper Ave. partially meets the relevant Historic Preservation Design Guidelines. The updated roofing material appears to be “a simplified, neutral, modest, and deferential alternative” (Guideline 7.8), however, staff is unsure how this custom material will weather. The applicant’s custom material illustrates the effort to “maintain or restore the character of the historic roof” (Guideline 7.7), while also responding to ongoing concerns with wood shingles. While introducing a significant amount of metal to the resource will contrast with and detract from this basic, nearly all-wood palette, the updated finish proposed has the potential to prevent this. What little metal does exist, namely the decorative metal features of the Dixon-Markel House, will likely still be differentiated, as long as the weathering of the proposed material does not result in more metal-like features, including increased reflectivity. Staff recommend a mockup be provided for staff and monitor review to be able to assess the proposed material after it is exposed to the elements. The continuity of the historic features that separate the first from the second stories of the Dixon- Markel House have potential to be impacted by the proposed material. With metal tiles atop the porch and the east bay, the wood shingles on the unique pent roof between the first and second stories may no longer match the scale, color, texture and composition of adjacent material. The apparently uninterrupted, 137-year-long use of wood shingles on the Dixon-Markle House makes this material a significant character defining feature. Staff are unsure how the proposed material will look next to the wood shingles that will remain on the pent roof. Staff recommend a mockup be provided for staff and monitor review to be able to assess the proposed material as it relates to the wood shingles. For the new addition “to be recognized as a product of its own time” (Guideline 10.6), the historic resource must at least be “distinguishable against the addition” (Guideline 10.4). Proposing the updated material with a darker, textured, and less reflective finish on the resource and keeping the previously approved Freedom Grey metal shingle on the addition, should better meet these guidelines. RECOMMENDATION: Staff recommend the HPC approve LPA-25-043 with the following conditions: 1. A mockup is to be constructed for review and approval by staff and monitor. The mockup should illustrate how the shingles will be laid/interconnected and secured to the resource. 2. The mockup is to sit outside in the elements for a minimum of one month (or duration deemed appropriate by the HPC) to assess any changes to the material. This is to be reviewed and approved by staff and monitor. 3. Once condition 2 is completed, the mockup is to be reviewed next to the wood shingles proposed for the pent roof to assess compatibility. This is to be reviewed and approved by staff and monitor. 16 Page 6 of 6 ATTACHMENTS: Resolution #09 of Series 2025 Exhibit A – Historic Preservation Design Guidelines - Staff Findings Exhibit B – Application Exhibit C – Updated Cover Letter from Applicant 17 HPC Resolution #09, Series of 2025 Page 1 of 3 RESOLUTION #09, (SERIES OF 2025) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING SUBSTANTIAL AMENDMENT REVIEW FOR THE PROPERTY LOCATED AT 135 E. COOPER AVE., LOT H AND I, AND THE EASTERLY 5 FEET OF LOT G, BLOCK 70, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2735-131-04-003 WHEREAS, the applicant, Aspen Core Holdings, LLC, represented by BendonAdams, has requested HPC approval for Substantial Amendment, to replace wood-shingle roofing with metal- tile roofing atop two historic resources located at 135 E. Cooper Ave., legally described as Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen, Pitkin County, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;” and WHEREAS, for approval of Substantial Amendment, the HPC must review the application, a staff analysis report, and the evidence presented at a hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070(e)(2) of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, as a historic landmark, the site is exempt from Residential Design Standards review; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards and design guidelines, and recommended approval of the requested Substantial Amendment with conditions; and WHEREAS, during a duly noticed public hearing on June 25, 2025 and August 13, 2025, the HPC reviewed and considered the application, staff memo, and public comments, and found the application consistent with the applicable review standards, and approved the application, in part, by a vote of _ to _. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves, in part, a Substantial Amendment for the property located at 135 E. Cooper Ave., legally described as Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen, Pitkin County, Colorado as follows: 18 HPC Resolution #09, Series of 2025 Page 2 of 3 Section 1: Substantial Amendment. The HPC hereby approves the Substantial Amendment request to install custom 5-inch-long, 5- to 12-inch-wide, <3/64-inch-thick, bronze and/or stainless steel tiles atop the two historic resources at 135 E. Cooper Ave. as proposed with the following conditions: 1. A mockup is to be constructed for review and approval by staff and monitor. The mockup should illustrate how the shingles will be laid/interconnected and secured to the resource. 2. The mockup is to sit outside in the elements for a minimum of one month (or duration deemed appropriate by the HPC) to assess any changes to the material. This is to be reviewed and approved by staff and monitor. 3. Once condition 2 is completed, the mockup is to be reviewed next to the wood shingles proposed for the pent roof to assess compatibility. This is to be reviewed and approved by staff and monitor. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation 19 HPC Resolution #09, Series of 2025 Page 3 of 3 of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 135 E. Cooper Ave. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of August, 2025. Approved as to Form: Approved as to Content: __________________________________ ____________________________________ Luisa Berne, Assistant City Attorney Kara Thompson, Chair ATTEST: _________________________________ Mike Sear, Deputy City Clerk 20 Page 1 of 4 Exhibit A Historic Preservation Design Guidelines Criteria Staff Findings 26.415.070(e) – Substantial Amendment to a Certificate of Appropriateness (2) Substantial amendments. a. All changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment. b. An application for a substantial amendment shall include the following materials, as determined appropriate by the Community Development Director: 1. A revised site plan. 2. Revised scaled elevations and drawings. 3. Representations of building materials and finishes. 4. Photographs and other exhibits to illustrate the proposed changes. c. The Community Development Director shall review the application materials submitted for approval of a substantial amendment and waive any submittals not considered necessary for consideration. If they are determined to be complete, the applicant will be notified in writing of this and a public hearing before the HPC shall be scheduled. d. Notice for the review of an application for a substantial amendment will include publication, posting and mailing pursuant to Section 26.304.060(e)(3) Paragraphs a, b and c. e. Staff shall review the submittal material and prepare a report that analyzes the extent of the changes relative to the approved plans and how the proposed revisions affect the project's conformance with the design guidelines and other applicable Land Use Codes. This report will be transmitted to the HPC with relevant information on the proposed revisions and a recommendation to continue, approve, disapprove, or approve with conditions and the reasons for the recommendation. f. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. 21 Page 2 of 4 Relevant Historic Preservation Design Guidelines & Findings The applicant requests a Substantial Amendment for the purposes of replacing wood-shingle roofing with metal-tile roofing atop two historic resources. Chapter 7: Roofs Finding 7.7 Preserve original roof materials. • Avoid removing historic roofing material. • Using recognized preservation methods, repair deteriorated historic material when possible. • When replacement is necessary, replace the roofing in kind, and/or use a material that is similar to the original in both style as well as physical qualities. Not Met 7.8 New or replacement roof materials should maintain or restore the character of the historic roof. • If a substitute is used, the roof material should be of a design, scale, color, texture, and composition akin to the original, or a simplified, neutral, modest, and deferential alternative that is visually compatible with the building’s historic features. • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non-reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof material should have a matte, non-reflective finish and match the original seaming. Met/Not Met 7.9 Avoid using conjectural features on a roof. • Adding ornament or detail where there is no evidence that they existed, creates a false impression of the building’s original appearance, and is inappropriate. • Roofing materials should reflect the architectural style of the affected building or be substantiated by documentary or physical evidence. Met Chapter 10: New Additions Finding 10.3 A new addition must be compatible with the historic character of the primary building. • An addition must be subordinate, deferential, modest, and secondary in comparison to the architectural character of the primary building. • An addition that imitates the primary building’s historic style is not allowed. For example, a new faux Victorian detailed addition is inappropriate on an Aspen Victorian home. • An addition that covers historically significant features is inappropriate. • Proposals on corner lots require particular attention to creating compatibility. Met 22 Page 3 of 4 10.4 The historic resource is to be the focus of the property, the entry point, and the predominant structure as viewed from the street. • The historic resource must be visually dominant on the site and must be distinguishable against the addition. • The total above grade floor area of an addition may be no more than 100% of the above grade floor area of the original historic resource. All other above grade development must be completely detached. HPC may consider exceptions to this policy if two or more of the following are met: o The proposed addition is all one story. o The footprint of the new addition is closely related to the footprint of the historic resource and the proposed design is particularly sensitive to the scale and proportions of the historic resource. o The project involves the demolition and replacement of an older addition that is considered to have been particularly detrimental to the historic resource. o The interior of the resource is fully utilized, containing the same number of usable floors as existed historically. o The project is on a large lot, allowing the addition to have a significant setback from the street. o There are no variance requests in the application other than those related to historic conditions that aren’t being changed. o The project is proposed as part of a voluntary AspenModern designation, or o The property is affected by non-preservation related site-specific constraints such as trees that must be preserved, Environmentally Sensitive Areas review, etc. Met 23 Page 4 of 4 10.6 Design a new addition to be recognized as a product of its own time. • An addition shall be distinguishable from the historic building and still be visually compatible with historic features. • A change in setbacks of the addition from the historic building, a subtle change in material, or a modern interpretation of a historic style are all techniques that may be considered to help define a change from historic construction to new construction. • Do not reference historic styles that have no basis in Aspen. • Consider these three aspects of an addition; form, materials, and fenestration. An addition must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • Note that on a corner lot, departing from the form of the historic resource may not be allowed. • There is a spectrum of appropriate solutions to distinguishing new from old portions of a development. Some resources of particularly high significance or integrity may not be the right instance for a contrasting addition. Met 24 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees Please type or print in all caps Representative Name (if different from Property Owner) Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 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: Ben Anderson, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: Billing Name and Address - Send Bills to: Aspen Core Holdings LLC BendonAdams 233 Wilshire Boulevard, Suite 850 Santa Monica, CA 90401 moe@roninholdings.com invoice@roninholdings.com 970-309-6551 1,950 6 135 East Cooper Avenue, Aspen, CO An agreement between the City of Aspen (“City”) and Address of Property: Property Owner Name: $ deposit for Docusign Envelope ID: 300330D6-8A26-4B7D-AC33-66F1C4F9567C Fred Ebrahemi Vice President of Aspen Core Holdings, LLC 25 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 26, 2025 Aspen Historic Preservation Commission Aspen Historic Preservation Staff RE: 135 East Cooper Ave. Substantial Amendment Application Dear Commission: Please accept our application for a Substantial Amendment for 135 East Cooper Avenue, Lots H and I, and the East 5’ of Lot G, Block 70, City and Townsite of Aspen, Colorado. The property is currently under construction to complete a restoration of the main house and the carriage house, a two story connecting element, new addition, and a full basement. The two story Aspen Queen Anne style landmark is listed on the National Register of Historic Places. It is a frame house that was built for J.M. Dixon sometime between 1886 and 1890. The landmark is in good condition, with the exception of a failing foundation due to incorrect waterproofing. Original doors and most of the original windows are intact. Figure 1: Denver Public Library archives, 1890-1899. 26 135 E Cooper HPC Substantial Amendment Project Background: This project dates back to 2015 when HPC approved the two story connector and addition under previous ownership. The project was amended on March 2018, and again in September 2018 to relocate the small historic building, demolish and rebuild a one car garage, and reconfigure interior spaces in the basement and remove the attic level in the landmark. In 2019 the property was sold to the current owner who amended the 2018 approvals to pick up both historic homes to repair the failing foundation underneath the two story landmark. The above grade addition was slightly reconfigured, lightwells and an existing areaway were removed, a two car garage and an enlarged basement were approved. A setback variance of 5 feet for below grade space only was granted in a few areas along the alley to allow the above grade structure to stack on top of the basement walls. The project started construction in October 2020. HPC Request: The request before HPC is to change the approved roof materials from treated wood shingle to a metal shingle. This request results from a desire for fire resistant roof material after the owner lost his home in the Pacific Palisades fire and his homeowner’s insurance company issued a determination that a fireproof roof material is required to receive coverage. This request was originally submitted as an insubstantial amendment to the project monitor but was disqualified because the proposed material “does not maintain the same quality and approximate appearance of that found in the approved plans.” A request for a substantial amendment can be submitted when a request does not qualify as a substantial amendment. Roof material is an ongoing conversation as HPC’s preferred roof material is a Type A treated wood shingle roof which is not favored by insurance companies. Homeowners constantly question the negative impact of a wood shingle roof on an insurance policy (if a company is even willing to cover a wood shingle roof at all). Alternatives to a wood shingle roof, like asphalt or composite shingles, degrade and distract from the appearance of a newly restored historic Victorian. Historically Aspen would have a wood shingle roof as the material was readily available. Some outbuildings and mining/industrial buildings had metal roofs or mix of metal and whatever materials could be found. Figure 2: Example of wood shingle and metal roofs near the Durant Mine, circa 1894. Aspen Historical Society. Object ID 1985.055.0021. 27 135 E Cooper HPC Substantial Amendment Appropriate roof material that meets Fire Codes, insurance requirements, and is similar to the appearance, dimension, and scale of historic materials is an ongoing challenge. In May 2024 HPC amended the Aspen Historic Preservation Design Guidelines to allow greater flexibility in the selection of roof materials. Following is a quote from the staff memo: “Effectively, the authenticity of the material may be secondary to the overall visual qualities. Retaining the overall historic character should guide selection of an appropriate replacement material… Allowing for the broadest range of potentially suitable materials requires more oversite, a more nuanced understanding of each property, and a more detailed analysis than would a narrow set of approvable materials.” HPC voted to remove the subtext under Guideline 7.8 that stated: “A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate for a secondary structure from that time period.” We appreciate this amendment that recognizes other roof material options and offers an applicant the ability to propose a simplified version of a wood shingle that is a “neutral, modest, and deferential alternative that is visually compatible with building’s historic features.” There are two different metal materials proposed for this project: an artificial patinaed cooper roof for the non-historic addition, and an alloy coated cooper shingle in “freedom grey” finish for the historic structures. The freedom grey shingle is similar to the metal shingle installed on St. Mary’s Church (which originally was a wood shingle roof) and is already approved for the non-historic addition at 135 E. Cooper, whereas the historic structures at 135 are approved to have treated wood shingles. All flashing on both the historic and new addition is approved as freedom grey metal. The small bay window on the east side facing Aspen Street is approved to have freedom grey shingles as well. The small addition to the carriage house is approved to have a standing seam metal roof – this is not proposed to change. 28 135 E Cooper HPC Substantial Amendment Figure 3: Roof plan – historic structures are in red, and non-historic addition is in blue. The proposed roof materials are shown in the renderings above. Figure 6 shows a good example of typical wood shingle dimension, profile, installation, and texture on a 19th century Aspen home. Figure 4: Rendering of proposed roof materials looking southeast. Figure 5: Rendering of proposed roof materials looking south. 29 135 E Cooper HPC Substantial Amendment Figure 6: 412 Victorian Home with fence, circa 1915. Aspen Historical Society, Shaw Collection. Object ID number 1974.110.1225. Figure 7: Detail of freedom grey shingles with varying sizes to mimic Figure 5.. Figure 8: St. Mary’s church roof in shade. 30 135 E Cooper HPC Substantial Amendment The patinaed copper shingle proposed for the non-historic addition is installed on a local project (Figures 11 and 13). Figure 9: St. Mary’s church in full sun. Figure 10: Detail of shingle on St. Mary’s church. Figure 11: Local project with patinaed copper shingle installed. Figure 13: Photograph of installed patinaed copper shingles. Figure 12: 135 East Cooper Avenue, 1963. Courtesy Aspen Historical Society. 31 135 E Cooper HPC Substantial Amendment Figure 14: 135 East Cooper Avenue, detail of wood shingle roof, 1957 (note the metal flashing). Courtesy Aspen Historical Society, Goodnough Collection. Figure 15: 135 East Cooper Avenue with asphalt roof, post-1966. Courtesy Aspen Historical Society. 32 135 E Cooper HPC Substantial Amendment Historic Preservation Design Guidelines 7.1 Preserve the original form of a roof. • Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from the street. • Retain and repair original and decorative roof detailing. • Where the original roof form has been altered, consider restoration. 7.7 Preserve original roof materials. • Avoid removing historic roofing material. • Using recognized preservation methods, repair deteriorated historic material when possible. • When replacement is necessary, replace the roofing in kind, and/or use a material that is similar to the original in both style as well as physical qualities. 7.8 New or replacement roof materials should maintain or restore the character of the historic roof. • If a substitute is used, the roof material should be of a design, scale, color, texture, and composition akin to the original, or a simplified, neutral, modest, and deferential alternative that is visually compatible with building’s historic features. • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non-reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof material should have a matte, non-reflective finish and match the original seaming. 7.9 Avoid using conjectural features on a roof. • Adding ornament or detail where this is no evidence that it existed, creates a false impression of the building’s original appearance, and is inappropriate. • Roofing materials should reflect the architectural style of the affected building or be substantiated by documentary or physical evidence. Response: The proposed new roof materials preserve the orientation and slope of the historic roof. New roof materials are necessary for both historic structures – the proposed freedom grey shingle is a similar dimension, style, and profile to a wood shingle. The dimensions for the approved wood shingle area 3/8” thickness at the base of the shingle, a width range of 3 ½” – 11”, and a nominal length of 16”. The dimensions for the metal shingle are shown below: 33 135 E Cooper HPC Substantial Amendment Metal is a natural material which is closer in physical quality to a wood shingle when compared to an asphalt shingle or an architectural composite shingle. The new roof materials maintain the character of the historic roof as evidenced by the installation of similar grey metal shingles on the St. Mary’s church. The material is neutral and deferential to the restored historic structure. The darker patinaed copper roof proposed for the non-historic addition differentiates the addition from the historic structures. Both metal roofs are a matte finish. Samples will be provided to HPC at the hearing. Flashing is proposed to match the roof material and is consistent with the approved flashing details for the project. We look forward to hearing your thoughts on this request. Please contact me if you would like more information to complete your review. sara@bendonadams.com or 970-925-2855. Kind Regards, Kind Regards, Sara Adams, AICP Principal BendonAdams, LLC Attachments: A – Letter from Insurance Company. B - Letter from Aspen Fire. C- Land Use application. D - Signed fee agreement. E - Pre-application summary. F - Proof of ownership. G – Authorization to represent. H – HOA form. I – Vicinity map. J - List of owners within 300’. K – HPC Resolution 5-2024. L – Staff Memo dated May 22, 2024. M – Meeting Minutes dated May 22, 2024. N – Proposed plans and cut sheets. 34 Private Risk Solutions Lockton Specialties, LLC 444 W. 47th Street Kansas City, MO 64112 ©2024 Lockton Specialties, LLC. CA license 0K16249. All rights reserved. To whom it may concern, I’m writing to c onfirm that an insurance company is more likely to decline to write a home with a wood shake roof. It is seen as a higher risk of loss due to its flammable property. Insurance companies require non-combustible roof materials like tile, metal, slate etc. that are more resistant to fire. Very best, — Shane Ahern, Private Risk Solutions VP, Private Risk Consultant (CAPI) CA license – 0K45303 Lockton Specialties Insurance Services, LLC – CA license 0K16249 Mobile 818.451.6716 2/28/2025 Exhibit A 35 Exhibit B 36 37 38 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 Lodge Pillows Free Market dwelling units Essential Public Facility square footage 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) x x x x Have you included the following? Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Affordable Housing dwelling units 135 East Cooper Avenue, Aspen, CO 2735-131-04-003 Aspen Core Holdings LLC 233 Wilshire Boulevard, Suite 850 Santa Monica, CA 90401 970-309-6551 jeff@roninholdings.com Sara Adams, BendonAdams 300 S. Spring Street, Aspen CO 81611 970-925-2855 x2 sara@bendonadams.com Historic landmark property with two historic structures currently under construction. Request to amend theapproved roof materials for project. Substantial Amendment per Section 26.4215.070.e.2 2n/a n/a n/a n/a 1,950 Exhibit C 39 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 Agreement to Pay Application Fees Please type or print in all caps Representative Name (if different from Property Owner) Contact info for billing: e-mail: Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 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: Ben Anderson, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Title: Billing Name and Address - Send Bills to: Aspen Core Holdings LLC BendonAdams 233 Wilshire Boulevard, Suite 850 Santa Monica, CA 90401 moe@roninholdings.com invoice@roninholdings.com 970-309-6551 1,950 6 135 East Cooper Avenue, Aspen, CO An agreement between the City of Aspen (“City”) and Address of Property: Property Owner Name: $ deposit for Docusign Envelope ID: 300330D6-8A26-4B7D-AC33-66F1C4F9567C Fred Ebrahemi Vice President of Aspen Core Holdings, LLC 40 PRE-APPLICATION SUMMARY PRE-25-014 DATE: February 3rd, 2025 PLANNER: Stuart Hayden, Planner II, Historic Preservation, stuart.hayden@aspen.gov REPRESENTATIVE: Sara Adams, BendonAdams, sara@bendonadams.com PROJECT LOCATION: 135 E. Cooper Ave. PARCEL ID: 2735-131-04-003 REQUEST: Historic Preservation – Substantial Amendment DESCRIPTION: The property at 135 E. Cooper Ave. is legally described as Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen, CO. The 6,500-square-foot site is in the Residential Multi-Family (RMF) zone district and contains the 2-story Dixon-Markle house constructed in 1888 and a 1-story secondary dwelling constructed sometime before 1886. The property is listed on the Aspen Inventory of Landmark Sites and Structures (Ordinance #77, Series of 1981) as well as the National Register of Historic Places. The primary building is an unusual example of the Queen Anne style in Aspen, featuring a two-story bay window on a chamfered front corner. Although the secondary building had rolled-asphalt roofing for a period following its first relocation on the site between 1963 and 1965, both historic resources on the site historically had wood shingles. In 2003, HPC approved a Major Development that included excavating a basement, across the front half of the site, moving the main house slightly northeast of its original location, constructing a two-story addition to its west, and erecting a detached garage on the southeast of the site. The project included a 500 square foot floor area bonus and setback variations. HPC Resolution #21, Series of 2015, approved with conditions a Minor Development to replace the one-story connector between the primary historic building and the west addition with a two-story glass-enclosed stairway. In 2018, a Substantial Amendment (HPC Resolution #02, Series of 2018) modified the connection to exclude a stairway. HPC Resolution #13, Series of 2018 permitted a minor development, including demolishing the circa 2004 garage, relocating and reorienting the historic secondary building to the southeast corner of the site, and constructing an addition with a garage south of the west addition and an addition to the front of the west addition. Variations allowed a reduction of setbacks on all but the east side of the property. HPC Resolution #11, Series of 2019 approved a substantial amendment, relocation, and setback variations to temporarily relocate the historic buildings and excavate a larger basement. The applicant proposes to install 4½-inch-long, 9-inch-wide, tin- and zinc-alloy-coated copper roof tiles atop the historic resources instead of the previously approved 5-inch-long, 3½- to 11-inch- wide, 3/8-inch-thick semi-transparent-resin-finished cedar shingles, and to install a 4½-inch-long, 9- inch-wide copper shingle with an applied patina atop the non-historic addition instead of the previously approved 4½-inch-long, 9-inch-wide, tin- and zinc-alloy-coated copper roof tiles. Insofar as they materially modify the materials, design, detailing or appearance of the building elements as originally depicted, the proposed changes require a Substantial Amendment according to Sec. 26.415.070(e). This one-step review by the Historic Preservation Commission (HPC) includes a public hearing, after which, the project may be approved, disapproved, or approved with Exhibit E 41 conditions by the HPC. To assess the project and inform its determination, the HPC will use the Historic Preservation Design Guidelines and other applicable sections of the Land Use Code. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304.010 Common Development Review Procedures – General 26.415.070 Historic Preservation - Development For your convenience – links to the Land Use Application and Land Use Code are below: • Land Use Application • Land Use Code • Historic Preservation Design Guidelines Review by: Staff for completeness and recommendations HPC for final decision Public Hearing: Yes, at HPC for Substantial Amendment Planning Fees: $1,950 for 6 billable hours of staff time. (Additional/fewer hours will be billed/refunded at a rate of $325 per hour.) Referral Agencies Fee: $0. Total Deposit: $1,950. APPLICATION CHECKLIST: Below is a list of submittal requirements for HPC Substantial Amendment review. Please email the entire application as one pdf to CDEHadmins@aspen.gov. Include Pre-25-014 in the subject line. If more than 18 months has lapsed since this letter was issued, please reach out to hp@aspen.gov. The fee will be requested after the application is determined to be complete. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. A list of all owners of any property within 300 feet of the parcel on which development is proposed to occur. An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. A written description of the proposal (scope of work) and written explanation of how the proposed development complies with the relevant review standards and design guidelines. A roof plan. 42 An accurate representation of all building materials and finishes to be used in the development, including relevant cut-sheets/technical specification documents for all materials. Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work. 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. 43 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: Q62018025 Date: 02/14/2025 Property Address: 135 E COOPER AVE, Aspen, CO 81611 For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 EAST HOPKINS AVENUE, SUITE 102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner ASPEN CORE HOLDINGS, LLC Delivered via: No Commitment Delivery Exhibit F 44 Estimate of Title Fees Order Number: Q62018025 Date: 02/14/2025 Property Address: 135 E COOPER AVE, Aspen, CO 81611 Seller(s): ASPEN CORE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY Buyer(s): 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 $279.00 TOTAL $279.00 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 01/29/2019 under reception no. 653687 45 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: 135 E COOPER AVE, Aspen, CO 81611 1.Effective Date: 02/07/2025 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: $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: ASPEN CORE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOTS H AND I AND THE EASTERLY 5 FEET OF LOT G, BLOCK 70, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62018025 46 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62018025 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. The following will be required should the Company be requested to issue a future commitment to insure: 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2.RELEASE OF DEED OF TRUST DATED JANUARY 29, 2019 FROM ASPEN CORE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CITIBANK, N.A. TO SECURE THE SUM OF $15,400,000.00 RECORDED JANUARY 29, 2019, UNDER RECEPTION NO. 653688. 3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ASPEN CORE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JANUARY 29, 2019 UNDER RECEPTION NO. 653686 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES STEVEN D. LOCKSHIN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 47 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED FEBRUARY 15 1888 IN BOOK 59 AT PAGE 358, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9.NOTICE OF HISTORIC DESIGNATION AS SET FORTH IN INSTRUMENT FROM COLORADO HISTORICAL SOCIETY RECORDED FEBRUARY 28, 1995 IN BOOK 775 AT PAGE 89. 10.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED DECEMBER 08, 2000 IN BOOK 54 AT PAGE 98 AND IMPROVEMENT SURVEY RECORDED DECEMBER 8, 2008 IN PLAT BOOK 89 AT PAGE 50 AND IMPROVEMENT SURVEY PLAT RECORDED DECEMBER 20, 2018 IN PLAT BOOK 124 AT PAGE 44. 11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 20, SERIES OF 2003 RECORDED NOVEMBER 26, 2003 AS RECEPTION NO. 491751. 12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 8, SERIES OF 2004 RECORDED MARCH 25, 2004 AS RECEPTION NO. 495822. 13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF REVOCABLE ENCROACHMENT AGREEMENT WITH THE CITY OF ASPEN RECORDED OCTOBER 31, 2005 AS RECEPTION NO. 516835. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62018025 48 14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 25, SERIES OF 2014 RECORDED SEPTEMBER 10, 2014 AS RECEPTION NO. 613364. 15.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 21, SERIES OF 2015 RECORDED JULY 23, 2015 AS RECEPTION NO. 621732. 16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 17, SERIES OF 2016 RECORDED JUNE 14, 2016 AS RECEPTION NO. 629971. 17.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2, SERIES OF 2018 OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED APRIL 16, 2018 AS RECEPTION NO. 646597. 18.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #13, SERIES OF 2018 OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED OCTOBER 1, 2018 AS RECEPTION NO. 650781. 19.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #11, SERIES OF 2019 OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED JUNE 19, 2019 AS RECEPTION NO. 656768. 20.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RULING OF HEARING OFFICER RECORDED MAY 5, 2020 AS RECEPTION NO. 664443. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62018025 49 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) 50 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) 51 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 52 Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 53 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) 54 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) 55 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM March 5, 2025 Stuart Hayden Historic Preservation Planner Via email RE: 135 East Cooper Avenue; Aspen, CO. Mr. Hayden : Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in 135 East Cooper Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 135 East Cooper Avenue; Aspen, CO 81611 Legal Description – Lots H and I and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen. Parcel ID – 2735-131-04-003 Owner – Aspen Core Holdings LLC Kind Regards, Aspen Core Holdings LLC 233 Wilshire Blvd., #850 Los Angeles, CA 90401 Docusign Envelope ID: 300330D6-8A26-4B7D-AC33-66F1C4F9567C Fred Ebrahemi, Vice President 56 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________ I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners 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 association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: ______________________________________________________________________ Date:_____________________________________________________ Owner printed name: ______________________________________________________________________ or, Attorney signature: ______________________________________________________________________ Date:_____________________________________________________ Attorney printed name: ______________________________________________________________________ 135 East Cooper Avenue, Aspen CO Aspen Core Holdings LLC jeff@roninholdings.com 970-309-6551 Docusign Envelope ID: 300330D6-8A26-4B7D-AC33-66F1C4F9567C 3/5/2025 Fred Ebrahemi, Vice President of Aspen Core Holdings, LLC 57 2,257 376.2 Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0376.2188.08 Notes Vicinity Map - 135 East Cooper Ave. 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 9:01 AM 03/13/25 at http://www.pitkinmapsandmore.com State Highway Road Centerline 4K Primary Road Secondary Road Service Road Parcel Boundary Exhibit I 58 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: 273513104003 on 03/13/2025 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit J 59 119 E COOPER AVE #6 LLC ASPEN, CO 816111760 119 E COOPER AVE #6 119 E COOPER UNIT 5 LLC ASPEN, CO 81611 119 E COOPER AVE #5 123 E HYMAN AVE K-GP LLC CULVER CITY, CA 90230 5150 OVERLAND AVE 123 E HYMAN AVE LLC CULVER CITY, CA 90230 5150 OVERLAND AVE 1438 VENTURES LLC ASPEN, CO 81611 89 ARDMORE CT 152 ASPEN LLC NEWPORT BEACH, CA 92660 2353 IRVINE AVE 1996FT 219 DURANT C5 LLC ASPEN, CO 81611 308 S GALENA ST 201 EH INVESTMENTS LLC LOS ANGELES, CA 90024 10877 WILSHIRE BLVD #2300 209 LIFT ONE CONDOMINIUMS LLC ANNAPOLIS , MD 21403 913 BOUCHER AVE 210 COOPER 1D LLC ASPEN, CO 81611 400 E HYMAN AVE #A202 210 COOPER 2A LLC DENVER, CO 80237 8181 E TUFTS AVE #600 210 COOPER CONDO ASSOC ASPEN, CO 81611 210 E COOPER AVE 210 COOPER LLC DENVER, CO 80237 8181 E TUFTS AVE #600 210 E COOPER LLC GREENWICH, CT 06831 PO BOX 4184 219 E DURANT C5 LLC ASPEN, CO 81611 308 S GALENA ST 306 S GARMISCH TOWNHOMES CONDO FLORHAM PARK , NJ 07932 PO BOX 238 415 SOUTH ASPEN ST LLC VAIL, CO 81657 162 WEST MEADOW DR #2 ABBAS HUSSAIN NEW YORK, NY 10011 311 W 20TH ST #3 AFAWC LLC KATY, TX 77494 3235 GINTER LN AJAX MOUNTAIN RETREAT LLC ASPEN, CO 81611 100 E COOPER AVE #7 ALPINE PETROLEUM LLC ASPEN, CO 81611 435 E MAIN ST ANDREA TUFFANELLI MANCUSO FAMILY LP LITTLETON, CO 80123 5856 S LOWELL AVE #32-406 ASCEND LIMITED LIABILITY COMPANY ASPEN, CO 81611 119 E COOPER AVE #25 ASPEN LITTLE RED HOLDINGS LLC SANTA MONICA, CA 90401 233 WILSHIRE BLVD #850 ASPEN MTN HOLDINGS LLC NEW YORK, NY 10017 757 3RD AVE 20TH FLR ASPEN PRIME RE 3 LLC ASPEN, CO 816113304 372 GLEN EAGLES RD ASPEN SNOW QUEEN HOLDINGS LLC SANTA MONICA, CA 90401 233 WILSHIRE BLVD #850 ASPEN TOWNHOUSES CENTRAL ASPEN, CO 81611 COMMON AREA 124 E DURANT AVE ASPEN WILD CONDO ASSOC ASPEN, CO 81611 101 E COOPER AVE ASPEN/PITKIN COUNTY HOUSING AUTH 0.01% ASPEN, CO 81611 210 E HYMAN AVE #202 60 ATTERBURY ANDREW L SHAWNEE MISSION, KS 66205 2001 SHAWNEE MISSION PKY AV1 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV2 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV3 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV4 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV5 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV6 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV7 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AV8 DB LLC ASPEN, CO 81611 625 E HYMAN AVE #201 AVERITT DON R DALLAS, TX 75225 6918 LUPTON BARNES ROBERT M MISSION HILLS, KS 66208 6445 SENECA RD BARRETT STEVEN R WICHITA, KS 67202 150 N MARKET BERHORST FAMILY REV TRUST BLOOMFIELD HILLS, MI 48301 7161 LINDENMERE DR BETA DURANT PROPERTY LLC CHARLESTOWN, MA 02129 92 WARREN ST BEYER KENNETH G & MAGALI R CEDAR HILL, TX 75104 707 OAK HILL LN BISSET KAREN I MISSION HILLS , KS 66208 6445 SENECA RD BOGIN ROBERT M ORANGE , CA 928685623 1110 W TOWN AND COUNTRY RD #462 BRANTON CRAIG ASPEN, CO 81611 450 S ORIGINAL ST #9 BRAYMAN WALTER W TRUST OVERLAND PARK, KS 662237973 13820 METCALF AVE #14223 BRIGHT GALEN ASPEN, CO 81611 205 E DURANT AVE #3D BRIGHT GALEN ASPEN, CO 81611 205 E DURANT AVE #3E BROADSCOPE PTY LTD ROSSMOYNE WESTERN AUSTRALIA 6148, 149 RIVERTON DR BRODERICK C J BRISTOL, CT 06010 115 BETHS AVE #7 BRYAN HELEN AUSTIN, TX 78746 2011 LAKE SHORE DR CAROL CLAYTON R ASPEN, CO 81611 124 E DURANT AVE #7 CARRIGAN RICHARD A JR OSWEGO, IL 60543 5453 ROUTE 71 CARSON LLC OMAHA, NE 68130 1562 S 187TH CIR CASA KESS LLC ASPEN, CO 81612 PO BOX 8442 CASA TUA COMMUNITY PROPERTY TRUST NASHVILLE, TN 37212 1802 PRIMROSE AVE CASPER MARY LYNN ASPEN, CO 81611 124 E DURANT AVE #8 61 CAYTON ANDREA TRUST LOS ANGELES, CA 90077 2379 EARLS CT CHALET SHANELLE LLC DALLAS, TX 75205 3415 LINDENWOOD AVE CHAPIN ANZLE TRUST WHITE BEAR LAKE, MN 55110 5226 SUMMIT ST CHART HOUSE PROJECT OWNER LLC ASPEN, CO 816111814 411 S MONARCH ST CHU FAMILY TRUST NEWPORT BEACH, CA 926604234 42 HILLSDALE DR CLYNE VICTORIA E SPOUSAL LIFETIME ACCESS TRUST ASPEN, CO 81611 610 WEST END ST # 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3D TREMOLS LUCILA ASPEN, CO 81611 205 E DURANT AVE # 3E 67 TRENTLY TRUST FLORHAM PARK , NJ 07932 PO BOX 238 TRESTMAN EVAN F TRUST METAIRIE, LA 70005 111 VETERANS BLVD #1700 TYDEN FAMILY FARMS PTNP GRAND RAPIDS, MI 49503 427 PROSPECT AVE SE UNIFIED CREDIT TRUST MIAMI BEACH, FL 33139 300 S POINTE DR # 2403 VISCONSI DOMINIC A JR CLEVELAND, OH 441245774 30050 CHAGRIN BLVD #360 VORTEX INVESTMENTS LLC OKLAHOMA CITY, OK 73124 PO BOX 24540 WARWICK RILEY ASPEN, CO 81611 520 E DURANT AVE #102 & #103 WARWICK SCOTT ASPEN, CO 81611 119 E COOPER AVE #22 WHELCHEL ANGUS ASPEN, CO 81612 PO BOX 1349 WHITE JALEH REV TRUST ASPEN, CO 816112053 960 E DURANT AVE #7 WICHMANN VICTORIA SNOWMASS VILLAGE, CO 81615 PO BOX 5045 WILLIAMS JOHN T ASPEN, CO 81611 119 E COOPER AVE #26 WINDLE BRIAN H SPOUSAL LIFETIME ACCESS TRUST ASPEN, CO 81611 610 WEST END ST #G101 WINFIELD ARMS CONDO ASSOC ASPEN, CO 81611 600 E HOPKINS AVE #203 WINFIELD ASPEN 24 LLC PLANO, TX 75093 2204 BRADBURY CT WOLF REVERSE QTIP TRUST SAN DIEGO, CA 92103 1221 MYRTLE AVE WOLF SURVIVORS TRUST SAN DIEGO, CA 92103 1221 MYRTLE AVE YARRVOSS LLC NICHOLS HILLS , OK 73116 1211 MARLBORO LN YEWER ELISABETH B CHENEQUA, WI 53029 6259 HWY 83 YOMJ LLC PLAYA DEL REY, CA 90293 7742 REDLANDS ST #D1046 ZAUNER HEINZ J REV TRUST CARBONDALE, CO 81623 0451 STAGECOACH LN ZEFF CAPITAL LP ASPEN, CO 81611 555 E DURANT AVE 68 111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 703107, Raw$23.00, Dan WOO DOC CODE: RESOLUTION Pg 1 of 3, 06/24/2024at01:20:32 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #05 SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATIONCOMMISSION HPQ AMENDING GUIDELINES 7.7-7.9 OF THE CITY OFASPENHISTORIC PRESERVATION DESIGN GUIDELINES (GUIDELINES) WHEREAS, a significant reduction in the availability of homeownerinsuranceforwood roofing materials has catalyzed community interest in relaxing therestrictionsonthetypesof roofing material allowed on designated historic structures; and WHEF EAS, the purpose of the guidelines is to set forth the standardsnecessarytopreserve and maintain the historic and architectural character of designatedproperties, and offer direction to property owners wishing to repair, restore, rehabilitate, or otherwise change the exterior appearance thereof, and WHEF EAS, at a Work Session with the HPC on April 10, 2024, staff provided historical, architectural, economic, environmental, political, and technologicalcontextofwoodroofing material, and received feedback and direction from Commissionerstogivetheownersof historic resources more choices when selecting roofing materials; and WHEREAS, the HPC may periodically review and amend at a publichearingtheGuidelines pursuant to Aspen Land Use Code Sec. 26.415.060(b)(1); and WHEREAS, staff incorporated commissioner input, common policiesamongpeercitiesinthe region and federal standards, and related guidelines outside Chapter7todrafttheproposed amendment. WHERAS, HPC reviewed the amended guidelines on May 22, 2024atapublichearing. HPC considered the amendment, the staff memo, and public comment, and found the proposed amendment to the guidelines consistent with the intent of the City ofAspenhistoricpreservation program and the Aspen Land Use Code Sec. 26.415 by a vote of 5 to0. NOW THEREFORE, BE IT RESOLVED: That HPC hereby approves amendments to Chapter 7 of the City of AspenHistoricPreservation Design Guidelines as follows: Section 1: Amendments to Chapter 7 of the City of Aspen HistoricPreservationDesi Guidelines Guidelines 7.77.8 and 7.9 of the City of Aspen Historic Preservation DesignGuidelinesareHPC Resolution #O5, Series of 2024 Page 1 of 3 Exhibit K 69 7.7 Preserve original roof materials. Avoid removing historic roofing material. Using recognized preservation methods, repair deterioratedhistoricmaterialwhen possible. When replacement is necessary, replace the roofing in kind, and/or use a material that is similar to the original in both style as well as physical qualities. 7.8 New or replacement roof materials should maintain orrestorethecharacterof the historic roof. If a substitute is used, the roof material should be of a design, scale, color, texture, and composition akin to the original, or a simplified, neutral, modest, and deferential alternative that is visually compatible with building's historicfeatures. Flashing should be in scale with the roof material. Flashing should be tin, lead coated copper, galvanized orpaintedmetalandhavea matte, non -reflective finish. Design flashing, such as drip edges, so that architectural detailsarenotobscured. A metal roof material should have a matte, non -reflective finishandmatchtheoriginal seaming. 7.9 Avoid using conjectural features on a roof. Adding ornament or detail where there is no evidence thatitexisted, creates a false impression of the building's original appearance, and isappropriate in . Roofing materials should reflect the architectural style oftheaffectedbuildingorbe substantiated by documentary or physical evidence. Section 2: Scrivener's Errors Any scrivener's errors contained in the code amendments herein, includingbutnotlimitedto mislabeled subsections or titles, may be corrected administrativelyfollowingadoptionofthe Resolution. Section 3: Existing Litigation This resolution shall not affect any existing litigation and shall notoperateasanabatementof any action or proceeding now pending under or by virtue of theresolutionsorordinances repealed or amended as herein provided, and the same shall be conductedandconcludedunder such prior resolutions or ordinances. Section 4: Severabili If any section, subsection, sentence, clause, phrase, or portion of thisresolutionisforanyreason held invalid or unconstitutional in a court of competent jurisdiction, suchportionshallbedeemed a separate, distinct and independent provision and shall not affect thevalidityoftheremaining portions thereof. HPC Resolution #O5, Series of 2024 Page 2 of 3 70 APPROVED BY THE COMMISSION at its regular meeting on the22" day of May 2024. Approved as to Formo sistant Ci e Sear, Deputy City Clerk Approved as to Content: HPC Resolution #O5, Series of 2024 Page 3 of 3 71 Page 1 of 3 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Stuart Hayden, Planner II Historic Preservation MEETING DATE: May 22, 2024 RE: Proposed Amendment to Chapter 7: Roofs, City of Aspen Historic Preservation Design Guidelines: HPC Resolution #5, Series of 2024 REQUEST OF THE COMMISSION: The Historic Preservation Commission (HPC) is asked to review and approve HPC Resolution #5, Series of 2024, amending the roofing material guidelines in Chapter 7 of the Historic Preservation Design Guidelines (Design Guidelines). SUMMARY AND BACKGROUND: A strict interpretation of Guidelines 7.7-7.9 (Exhibit A) all but prescribes one type of roofing material for AspenVictorian resources. Given the ubiquitousness of mill-sawn wood shingles in the city between 1880 and 1930, the call of for roofing material that is “similar to the original” in style, physical qualities, color, scale, and texture disqualifies everything but documented historic alternatives from administrative-level consideration. In practice, the HPC and staff have also approved “earth tone” architectural asphalt shingles as substitute for wood shingles. As wood roofing is increasingly hard to insure, asphalt is the de facto roofing material of primary AspenVictorian structures. An alternative material for which no historic precedent exists at that location qualify for minor development review by HPC. Previous Commission Direction On April 10, 2024, the HPC considered local architectural history, homeowners insurance market, policies of peer cities, national historic preservation best practices, and available procedural approaches to addressing the matter. The discussion revealed general support among commissioners for providing the owners of AspenVictorian resources greater flexibility/more choices regarding roofing material while ensuring that the overall architectural character of these historic resources is maintained. To this end, HPC asked staff to draft an amendment to the Historic Preservation Design Guidelines pursuant to Aspen Land Use Code Sec. 26.415.060(b)(1); These guidelines set forth the standards necessary to preserve and maintain the historic and architectural character of designated properties and districts. The standards apply to the exterior features and/or notable streetscape and landscape elements of the designated historic property and/or district. These guidelines are intended to offer assistance to Exhibit L 72 Page 2 of 3 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com property owners undertaking construction, rehabilitation, alterations, changes in exterior appearance or any other development involving designated historic properties or districts. The guidelines will be periodically reviewed by the HPC and amended at a public hearing, as needed. Policy Parameters Although the HPC may periodically review and amend the Historic Preservation Design Guidelines, adopting “any plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City,” and/or any amendment to the Land Use Code are “Powers and duties” reserved for the City Council (Sec. 26.208.010). Accordingly, the amending power of the HPC is not one of policy making, but rather one limited to upholding, clarifying, and/or advancing existing policies as adopted by Council and codified in the Land Use Code and the Historic Preservation Design Guidelines. Sec. 26.415.070(b) of the former identifies the criteria by which an application may be administratively approved. The “replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure” (e.g., an in-kind replacement of existing roofing material), and the “replacement or repair of architectural features that restores the building or structure to its historic appearance” (e.g., replacing a non-historic roofing material with a documented historic antecedent) may qualify for a Certificate of no negative effect if the work also meets the Historic Preservation Design Guidelines. Accordingly, amending the Guidelines will not necessarily alter the review process for installing a roofing material that differs from that which currently exists or historically existed on a given roof. Proposed “alterations to…roof planes or material…when three (3) or fewer elements are affected and the work does not qualify for a certificate of no negative effect” (Sec. 26.415.070(c)(1)b), will still constitute a minor development subject to a public hearing and review by the HPC. Similarly, the Historic Preservation Design Guidelines provides “a broad statement explaining the City’s basic approach for the treatment of the design feature being discussed” (p. 10-11). This is the basis for the more detailed design guidelines that follow it and, therefore, provides parameters for their amendment. As stated in Chapter 7, City policy is “the character of a historical roof, including its form and materials, should be preserved” (p. 68). Amended or otherwise, therefore, Guidelines 7.7-7.9 and their supplementary statements must reflect, maintain, and clarify this statement. The character of a historic roof includes, but is not limited to, its material composition. Effectively, the authenticity of the material may be secondary to the overall visual qualities. Retaining the overall historic character should guide selection of an appropriate replacement material. Because historic character is unique to each property, so too is the criteria for selecting an appropriate roofing material. The character of similar-seeming historic resources may be best preserved by installing different materials, and disparate resources may warrant a common material. Allowing for the broadest range of potentially suitable materials requires more oversite, a more nuanced understanding of each property, and a more detailed analysis than would a narrow set of approvable materials. 73 Page 3 of 3 130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com CONCLUSION AND NEXT STEPS: With these constraints in mind, staff propose amendments to Guidelines 7.7-7.9 (Exhibit B) to have the smallest textual modification with the biggest practical effect. Except for the section calling a metal roof “inappropriate for an Aspen Victorian primary home,” most struck text appears elsewhere in the amended guidelines. Additionally, what may appear to be new supplementary statements largely derive directly from other Guidelines, including 6.1, 6.3-6.5, 10.6, 11.7 and 12.3. Staff believe the proposed amendments uphold, clarify, and advance existing policies while finding additional flexibility to endure a changing climate. RECOMMENDATIONS: Staff recommends that the Commission approve HPC Resolution #05, Series of 2024. EXHIBITS: A. Historic Preservation Design Guidelines, p. 71: Strike throughs and underlines to respectively show proposed deletions and additions to the existing text. B. Historic Preservation Design Guidelines, p.71: Proposed 74 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 22ND, 2024 Vice - Chairperson Halferty opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Jeff Halferty, Roger Moyer, Jodi Surfas, Kim Raymond, and Charlie Tarver. Absent were Peter Fornell, Riley Warwick, Barb Pitchford and Kara Thompson. Staff present: Kirsten Armstrong, Principal Planner Historic Preservation Stuart Hayden, Planner - Historic Preservation Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk PUBLIC COMMENTS: Ms. Toni Kronberg commented that she is running for Pitkin County Commissioner and wanted to introduce herself. She noted that one her reasons for running was due to the existing dangerous conditions on Highway 82. She explained some of her concerns with proposed speed limit increases and a potential stop light near Smith Hill Rd. Mr. Halferty interjected to ask Ms. Kronberg if her comments were related to Historic Preservation. She said they were not and asked if she could just leave a flyer with the commissioners. Mr. Halferty said that this was not a place for political platforms and thanked her for coming. Ms. Kronberg again introduced herself and thanked the commissioners for their time. MINUTES: Mr. Moyer motioned to approve the draft minutes from 4/10/24 & 4/24/24. Ms. Raymond seconded. All in favor, motion passes. COMMISSION MEMBER COMMENTS: None. DISCLOSURE OF CONFLICTS OF INTEREST: Ms. Raymond noted that she was conflicted on the first agenda item and would leave the meeting at that point. PROJECT MONITORING: Ms. Armstrong noted that since the last HPC meeting there had been two approved project monitoring items. One at 135 W Francis and one at 418 E. Cooper Ave. She then went over the details of each item as outlined in the agenda packet. STAFF COMMENTS: None. CERTIFICATE OF NO NEGATIVE EFFECT: None. CALL UP REPORTS: None. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson confirmed that public notice was completed in compliance with the Code as needed for the first agenda item. Ms. Raymond left the meeting. NEW BUSINESS: 820 E Cooper Ave – Final Major Development - PUBLIC HEARING Exhibit M 75 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 22ND, 2024 Applicant Presentation: Sarah Adams – Bendon Adams; Patrick Westfeldt – F&M Architects Ms. Adams began by introducing the owners of the property, Lauren, and Anton Bullard. Ms. Bullard thanked the HPC for being here and said that they were excited to move forward with the project. Ms. Adams noted that they are presenting a slight amendment to the height of the addition that was approved at conceptual review for HPC’s consideration. She reviewed what was approved by HPC at the conceptual review in September of 2023. She then briefly reviewed the context of the neighborhood. As in the conceptual review, Ms. Adams noted that the owners had already completed several restoration projects to the historic resource without asking for any benefits and that this project will not be touching the historic resource. Ms. Adams went on to describe the details of the final review and showed the site plan of the project. She went over the simple landscaping plan, parking spaces, and noted that the walkways and patios will match the existing brick. She reminded the members that part of digging the basement will be lifting the house to give it a proper foundation and positive drainage. Next, she described the proposed railings for the lightwells and described the placement of the condensing unit. She moved on to the floor plans, including the historic resource, connecting element and new addition. Ms. Adams then described the reasoning for the height change on the addition. She showed the elevations of the approved roof height and noted that after working with the mechanical consultants, it was discovered that they would need a bit more height in the stairwell to accommodate the heating and cooling systems. Showing an overlay of the new proposed height on the elevations she noted that it would be about a one-foot increase. She also showed updated renderings of the project and noted that the height increase would not be very noticeable for the street due to shrubbery coverage on one side and the existing house on the other. She mentioned that they find the project to be still in line with the historic design guidelines. Next, she went over the proposed materials for the addition and passed around samples. She also went of the proposed lighting for the project. Mr. Tarver asked if the new height of the historic resource after the basement was dug was represented in the proposed site plans and renderings that included the new height stairwell in the addition. Ms. Adams said yes. Mr. Moyer asked about the FDC Fire strobe light that was a proposed condition of approval by staff. Ms. Adams said they would address that at building permit but would comply with the condition. Mr. Halferty asked for some more clarification about the height increase and what it was needed for. Mr. Westfeldt said that after working with the mechanical engineer, they found it best to locate the fan coil and some of the ducting in the ceiling above the stairs. This led to the proposed increase in height. Staff Presentation: Kirsten Armstrong - Planner - Historic Preservation Ms. Armstrong began her presentation by reviewing the item and went over the background of the project including the conceptual approvals, Land Use Review request and description of the lot. She noted the applicant’s request to increase the height of a portion of the addition’s roof. This was in addition to the standard final review. She went on to describe the 2-inch height increase to the main roof gable and the one-foot 2-inch increase to the stairwell of the addition. She said that staff found the change strikes a balance between minimizing the addition and the usability of the space. She noted that staff found design guidelines 10.4, 10.87, 10.10 and 10.11 to be met. Next, she described staff’s 76 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 22ND, 2024 reasoning for supporting the horizontal rails on the fencing of the egress lightwells. She then showed the proposed landscape plan and said that staff finds it to be appropriate per the relevant design guidelines. She did note that a recommended condition of approval was that the standard 1-foot-wide pea gravel maintenance boarder around the historic resource be created. She also said that staff generally finds the proposed materials to meet the design guidelines. She concluded by detailing the recommended conditions of approval for final review contained in the draft resolution and noted that staff is recommending HPC approval with these conditions. Ms. Surfas asked about the location of the proposed drywell. Ms. Armstrong noted that a preliminary stormwater plan was included in the application packet and that the drywell was proposed for the rear of the property. Public Comment: None Board Discussion: Mr. Halferty summarized the relevant design guidelines and topics for review and discussion. MOTION: Mr. Moyer moved to approve Resolution #06 with the conditions proposed by staff. Ms. Surfas seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Mr. Tarver, yes; Mr. Halferty, yes. 4-0, motion passes. Ms. Surfas volunteered to be project monitor. Ms. Raymond returned to the meeting. NEW BUSINESS: Resolution #05, Series of 2024 - Amendment to Historic Preservation Design Guidelines 7.7-7.9 - PUBLIC HEARING Staff Presentation: Stuart Hayden – Planner - Historic Preservation Mr. Hayden wanted to note for the record that this agenda item was noticed as a public hearing in the newspaper as required. Mr. Hayden stated that this item was to discuss the direction given staff by the HPC on April 10th, 2024 to draft an amendment to Chapter 7 of the Historic Design Guidelines regarding roof materials. He noted that per section 26.415.060 of the Land Use Code, the HPC is given authority to amend the Guidelines. He then went over some the general elements of the Design Guidelines that apply to all historic properties, specifically detailing the ideas related to the replacement of historic materials. He moved on to Chapter 7 of the Guidelines and noted that the character of a historic roof, including its form and materials should be preserved. Next, he went over staff’s proposed amendments to Guidelines 7.7, 7.8, and 7.9 by reviewing the strikethroughs and underlines that respectively showed the proposed deletions and additions to the existing text, as outlined in Exhibit A of the staff memo. For each deletion and addition, he explained staff’s reasoning for the change and how it addressed the HPC’s requests while not overstepping the boards’ authority in amending the guidelines. 77 REGULAR MEETING HISTORIC PRESERVATION COMMISSION MAY 22ND, 2024 He stated that staff recommends HPC approval of Resolution #5 amending Historic Design Guidelines 7.7 7.9. Mr. Halferty asked for clarification that these changes only applied to historic resources and not on additions. Mr. Hayden confirmed that it only dealt with historic resources. Public Comment: None. Board Discussion: Ms. Johnson went over HPC’s role in this matter and noted that this would be a legislative act by the board as authorized in the Land Use Code section that Mr. Hayden referenced in his presentation. Ms. Raymond asked if this should be something that everyone looks at, knowing a few members were absent. Ms. Johnson said that the item could be continued to allow additional input from other board members. She also noted that if the resolution was to be passed, at the next meeting, if at least two member that voted to approve the resolution was present, they could move to reconsider the resolution. Ms. Surfas said that she knew Ms. Thompson was very interested in being here, but an emergency came up that kept her from attending. Mr. Hayden noted that because he would be the only Historic Planner going forward, he would only have the capacity to bring one item before HPC at each meeting. This being said, he felt he could add this item to a future meeting if necessary. He also mentioned that there are currently community members actively waiting on a result to this in order to pursue building permits. Ms. Raymond noted her support for the amendments. Mr. Hayden also noted that he had received an email from Ms. Pitchford stating her general support. MOTION: Mr. Moyer moved to approve Resolution #05 as presented by staff. Ms. Surfas seconded. Roll call vote: Mr. Moyer, yes; Ms. Surfas, yes; Ms. Raymond, yes; Mr. Tarver, yes; Mr. Halferty, yes. 5-0, motion passes. ADJOURN: Ms. Raymond motioned to adjourn the regular meeting. Mr. Halferty seconded. All in favor; motion passes. Mike Sear, Deputy City Clerk 78 1 A D E F 3.1 4 5 C G 2 3 2 A407 _______ 1 A407 _______ BA1 1 A403 _______ 1 A403 _______ 1 A406 _______1 A406 _______ 1 A404 _______1 A404 _______ 1 A405 _______ 1 A405 _______ L HISTORIC HOUSE ROOF LINE TO REMAIN 24 ' - 1 0 1 / 8 " FLASHING AND GUTTERS TO BE UPDATED 11' - 6 7/8" NEW ROOF EXTENSION H J 2 A402 _______2 A402 _______ H1 K 2 A409 _______ 2 A410 _______ D1 I J1 0 2.2 B1 4.3 4.4 2.3 2.1 3.2 4.5 4.2 4.1 56 ' - 1 1 / 4 " 1' - 1 1 1 / 4 " 4 1 / 4 " 9' - 1 0 1 / 2 " 7' - 4 5 / 8 " 11 1 1 / 1 6 " 11 1 / 2 " 4' - 5 7 / 8 " 1' - 8 9 / 1 6 " 2' - 1 1 1 / 1 6 " 1 ' - 6 " 7' - 6 1 3 / 1 6 " 1' - 7 1 5 / 1 6 " 7' - 1 5 / 1 6 " 5' - 4 1 1 / 1 6 " 3' - 0 1 / 2 " 87' - 9 5/16" 7' - 4 1/16"2' - 8 13/16" 3' - 10 3/16" 2' - 0"9' - 4 1/8"8' - 5"3' - 1 5/8"4' - 6 3/4"10' - 0 3/4"5' - 1"4' - 8 5/8" 1' - 11 13/16" 1' - 7 9/16" 8' - 9 1/4"11' - 6 5/8"2' - 7 3/16" NEW TERRACE OVER NEW GARAGE LOCATION ROOF SHINGLES TO BE REPLACED PER ROOF ASSEMBLY TYPE TO MATCH AESTHETIC CHARACTER OF EXISTING STRUCTURE. CURRENT RIDGE FLASHING LOOKS TO BE NON- HISTORIC, SO FULL REPLACEMENT IS PROPOSED ROOF SHINGLES TO BE REPLACED WITH APPROVED HPC SAMPLE. EXISTING STRUCTURE TO REMAIN AND BE REVISED PER STRUCTURAL DRAWINGS DL DL DL DLDL DL DL DL SPA 12 : 1 2 12 : 1 2 11:12 11 : 1 2 9:12 9:12 11 : 1 2 11:12 4:12 7: 1 2 CHIMNEY TO BE RESTORED TO ITS HISTORIC CONDITION SEE CIVIL FOR DRAINAGE PLAN DL PLUMBING VENT PLUMBING VENT PLUMBING VENT PLUMBING VENT NEW RIDGE FLASHING TO MATCH HISTORIC IMAGES PLUMBING VENT EMT-02 EMT-02 EMT-02 EWD-02 EMT-02 EMT-03 EMT-03 EMT-02 PROPOSED SNOW CLIPS TO BE PLACED PER MANUFACTURER SPECIFICATIONS R3 R5 2% MIN. 2% MI N . R4 R3 1 A402b _______1 A402b _______ EMT-02 EMT-02 EMT-02 EMT-02 EMT-02 E28 03.FOH 04.FOH b.FOH c.FOH DL DL SKYLIGHT OVER ELEVATOR HOISTWAY R1 1 A408 _______ DETACHED DWELLING EXISTING ROOF STRUCTURE TO REMAIN. ROOF SHINGLES TO BE REPLACED PER ROOF ASSEMBLY TYPE TO MATCH AESTHETIC CHARACTER OF EXISTING STRUCTURE. CURRENT RIDGE FLASHING LOOKS TO BE NON-HISTORIC, SO FULL REPLACEMENT IS PROPOSED R10 11 : 1 2 12 : 1 2 12 : 1 2 12 : 1 2 12:12 18: 1 2 18: 1 2 12 : 1 2 12:12 11:12 6' - 5 1/4" 5' - 4 7 / 8 " 1' - 8 3 / 4 " 1' - 7 1 / 2 " PLANTER ABANDONED NON- HISTORIC SKYLIGHT REMOVED 7' - 2 3/8" 6' - 5 5 / 8 " 2' - 6 3 / 4 " 3 ' - 1 0 7 / 8 " 10.31.2020 Th e s e d o c u m e n t s a r e t h e p r o p e r t y o f EA D . A n y u n a u t h o r i z e d u s e w i t h o u t t h e wr i t t e n c o n s e n t o f E A D i s p r o h i b i t e d b y la w . E A D d i s c l a i m s r e s p o n s i b i l i t y f o r th e s e d o c u m e n t s i f t h e y a r e u s e d w h o l e or i n p a r t a t a n y o t h e r l o c a t i o n a n d f o r an y o t h e r a p p l i c a t i o n o t h e r t h a n t h e or i g i n a l i n t e n t . I f y o u a r e n o t t h e in t e n d e d r e c i p i e n t , y o u a r e h e r e b y no t i f i e d t h a t a n y d i s s e m i n a t i o n , di s t r i b u t i o n o r r e p r o d u c t i o n o f t h e s e do c u m e n t s i s p r o h i b i t e d b y l a w . 350 MARKET ST. UNIT 309, BASALT, CO 81623 N Co p y r i g h t c 2 0 1 9 b y E I G E L B E R G E R A R C H I T E C T U R E & D E S I G N SCALE: Plot Date Drawn By Checked By Project No. Date Issue 1/4" = 1'-0" Au t o d e s k D o c s : / / 1 8 0 1 9 - 1 3 5 E a s t C o o p e r / U S _ A S E _ E C 1 3 5 _ A _ V 2 3 . r v t A107 PROPOSED ROOF PLAN 13 5 E . C O O P E R A V E . 13 5 E . C O O P E R A V E . AS P E N , C O L O R A D O 8 1 6 1 1 18019 Natacha Denis Cassondra Westerlind SCALE :1/4" = 1'-0"A107 1 ENLARGED ROOF PLAN NOTES: 1. ALL EXISTING DIMENSIONS TO BE VERIFIED IN FIELD BY CONTRACTOR 2. REFER TO CIVIL PLANS FOR ALL DRAIN LOCATIONS 3. SNOW CLIPS PROVIDED ON ROOFS IN ORDER TO PREVENT SHEDDING OF ICE AND SNOW ONTO ADJACENT PROPERTIES, POTENTIALLY OCCUPIED AREAS, AND VEHICULAR ACCESS PER SECTION R910 7 7 14 14 2018.02.09 1 PERMIT SUBMITTAL 2018.09.05 2 HPC REVIEW 2019.08.12 3 CHANGE ORDER 2020.04.27 4 RND 1 COMMENT 2020.07.21 5 RND 2 COMMENT 2021.07.01 7 C.O. 2 2024.08.09 14 C.O. 04 Exhibit N 79 10.31.2020 Th e s e d o c u m e n t s a r e t h e p r o p e r t y o f EA D . A n y u n a u t h o r i z e d u s e w i t h o u t t h e wr i t t e n c o n s e n t o f E A D i s p r o h i b i t e d b y la w . E A D d i s c l a i m s r e s p o n s i b i l i t y f o r th e s e d o c u m e n t s i f t h e y a r e u s e d w h o l e or i n p a r t a t a n y o t h e r l o c a t i o n a n d f o r an y o t h e r a p p l i c a t i o n o t h e r t h a n t h e or i g i n a l i n t e n t . I f y o u a r e n o t t h e in t e n d e d r e c i p i e n t , y o u a r e h e r e b y no t i f i e d t h a t a n y d i s s e m i n a t i o n , di s t r i b u t i o n o r r e p r o d u c t i o n o f t h e s e do c u m e n t s i s p r o h i b i t e d b y l a w . 350 MARKET ST. UNIT 309, BASALT, CO 81623 Co p y r i g h t c 2 0 1 9 b y E I G E L B E R G E R A R C H I T E C T U R E & D E S I GN SCALE: Plot Date Drawn By Checked By Project No. Date Issue Au t o d e s k D o c s : / / 1 8 0 1 9 - 1 3 5 E a s t C o o p e r / U S _ A S E _ E C 1 3 5_ A _ V 2 3 . r v t 8/29/2024 8:50:13 AM A700 MATERIALS 13 5 E . C O O P E R A V E . 13 5 E . C O O P E R A V E . AS P E N , C O L O R A D O 8 1 6 1 1 18019 Author Checker BRONZE CLAD EMPIRE GRAY GRANITE STONE HONED FINISH MFR: STONE CONTACT PREVIOUSLY APPROVED BASALT STONE WINDOWS FLATWORK AND FOUNDATION AND WATER FEATURE GUTTERS, FLASHING, DOWNSPOUTS, AND SNOW STOPS HALF ROUND 6" GUTTER, REVERE FREEDOM GRAY T-Z ALLOY COATED COPPER (TIN-ZINC) EXTERIOR RAILING LOW IRON STRUCTURAL GLASS WITH CR LAWRENCE SHOE AND GUAR RAIL CAP ROOF SHINGLE CLASS 'A' CEDAR SHINGLE TO MATCH EXISTING MFR: MAIBEC ORIGINAL SINGLE COURSE SHINGLE EMT-02EWD-02 EGL-01EMT-01 EST-01 THIS IMAGE SHOWN FOR PATTERN AND SIZE ONLY 7 7 14 2018.09.05 2 HPC REVIEW 2019.08.12 3 CHANGE ORDER 2020.04.27 4 RND 1 COMMENT 2021.07.01 7 C.O. 2 2024.08.09 14 C.O. 04 80 4 1 / 2 " 9" 10.31.2020 Th e s e d o c u m e n t s a r e t h e p r o p e r t y o f EA D . A n y u n a u t h o r i z e d u s e w i t h o u t t h e wr i t t e n c o n s e n t o f E A D i s p r o h i b i t e d b y la w . E A D d i s c l a i m s r e s p o n s i b i l i t y f o r th e s e d o c u m e n t s i f t h e y a r e u s e d w h o l e or i n p a r t a t a n y o t h e r l o c a t i o n a n d f o r an y o t h e r a p p l i c a t i o n o t h e r t h a n t h e or i g i n a l i n t e n t . I f y o u a r e n o t t h e in t e n d e d r e c i p i e n t , y o u a r e h e r e b y no t i f i e d t h a t a n y d i s s e m i n a t i o n , di s t r i b u t i o n o r r e p r o d u c t i o n o f t h e s e do c u m e n t s i s p r o h i b i t e d b y l a w . 350 MARKET ST. UNIT 309, BASALT, CO 81623 Co p y r i g h t c 2 0 1 9 b y E I G E L B E R G E R A R C H I T E C T U R E & D E S I GN SCALE: Plot Date Drawn By Checked By Project No. Date Issue As indicated Au t o d e s k D o c s : / / 1 8 0 1 9 - 1 3 5 E a s t C o o p e r / U S _ A S E _ E C 1 3 5_ A _ V 2 3 . r v t 8/29/2024 8:50:15 AM A700.1 MATERIALS 13 5 E . C O O P E R A V E . 13 5 E . C O O P E R A V E . AS P E N , C O L O R A D O 8 1 6 1 1 18019 Author Checker REVERE FREEDOM GRAY T-Z ALLOY COATED COPPER (TIN- ZINC) ROOF TILES 4 1/2" X 9" ADDITION -PROPOSED ROOFING EMT-03-MATCH CAPOFFERI BRONZO 8007 EXISTING ROOF 6" HORIZONTAL SHIPLAP SIDING, ACCOYA CLEAR A GRADE OR BETTER, PAINTED FINISH TO MATCH EXISTING ADDITION -PROPOSED SHIPLAP SIDING EWD-04 Roof Metal Tile Size Metal Tile as New Metal Tile aged 1 Year Metal Tile Factory Photo 7 CAPOFFERI BRONZO 8007 WINDOW FINISH AT ADDITION WINDOWS AND MATCHING METAL SURROUNDS 14 2021.07.01 7 C.O. 2 2024.08.09 14 C.O. 04 81 Product description for Fine Metal Roof Tech's Roofing shingle Fine Metal Roof Tech 79 W 4500 S Suite 6 Murray, Utah 84107 Phone: 801 - 462 - 5264 82 Fine Metal RT Metal Shingles Application Instructions When installing metal Shingles: - OSHA fall protection guidelines for sloped roofing should be followed at all times. - Heat can be generated in any metal roof system. If using a self-adhered membrane as an underlayment, consult manufacturer’s guidelines or specifications to ensure that the membrane is designed for use under high-temperature conditions. Applicable Standards and Codes - For applicable Florida rating and Metro Dade County Product Control Acceptance please comply with the applicable fastener requirements listed below. - Class A fire-rated system may be achieved by installing under the roof panels a minimum 1/2”-thick (12.7mm) water-resistant core gypsum sheathing complying with ASTM C 79, 1/4”-thick (6.4 mm) Dens-Deck overlayment board manufactured by Georgia Pacific, or “Versa-shield” non-asphalt fiberglass-based roll roofing manufactured by Elk Corporation, installed over the plywood sheathing. The gypsum and Dens-Deck materials are to be attached to the roof deck with eight 1-1/2”-long (38mm) nails per 4’ x 8’ sheet. Length of the nails used to attach the metal shingles must be increased by the thickness of the barrier boards. - Minimum roof pitch 4/12 (18 °) for the standard shingle system. Installation on 3/12 (14°) possible, please call. Fine Metal Roof Tech 79 W 4500 S Suite 6 Murray, Utah 84107 Phone: 801 - 462 - 5264 83 Fine Metal RT Metal Shingles Diamond Shaped Metal Shingle Descriptions and Specifications - Metal shingles interlock on all four sides with adjacent shingles and into the shingle accessories. - Metal shingles are hidden and indirectly fastened with metal clips. - FMRT (Fine Metal Roof Tech) supplies all shingle clips and fasteners for its metal shingles for an additional fee. Shingle size: 16 - Length 14-1/2" – visible after installation - measured on parallel site - Width 14-1/2" – visible after installation - measured on parallel site - Tip angle 72° - Standard seam width 9/16" each - Roof cover per shingle 1.45 square feet - Roofing square (100 Sq. Ft) requires 68 pieces - Shingle material: - Aluminum 0.026" thick special coated finish (Finish description elsewhere) Weight per shingle 0.72 lbs. Weight per roofing square 49 lbs +/- 1 lb fasteners and accessories - Copper 16 oz or 20 oz thick, bare or/and a variety of finishes there of Weight per shingle 1.45 lbs. Weight per roofing square 98 lbs +/- 1 lb fasteners and accessories - Zinc 0.027" thick natural zinc or special surface finish Weight per shingle 1.48 lbs. Weight per roofing square 99 lbs +/- 1 lb fasteners and accessories - Stainless steel 26 ga thick material, coated or uncoated finish. Weight per shingle 0.96 lbs. Weight per roofing square 75 lbs +/- 1 lb fasteners and accessories - Galvalume 24 gauge thick special coated finish (Finish description elsewhere) Weight per shingle 1.16 lbs. Weight per roofing square 93 lbs +/- 1 lb fasteners and accessories - - Florida, Alaska and other high wind areas require using 4 clips and 8 screws per shingle. - Different size, shape, accessory and installation description on separate documents. Installation instruction of metal roofing shingles To install the shingles start at the bottom of the roof or wall (at the drip edge flashing) After installing the drip edge flashing, described elsewhere, draw up the guide lines onto the roof, using a chalk line for example. Make sure that the drawn lines are: - Perpendicular (90°) to the drip edge for the metal shingle columns - Parallel to the drip edge for the metal shingle rows - accurate measurements for the lines are provided in the product delivery Interlock the shingles with each other after you apply the necessary fasteners to the individual shingles and secure them properly to the roof sheathing. Fine Metal Roof Tech 79 W 4500 S Suite 6 Murray, Utah 84107 Phone: 801 - 462 - 5264 84 Fine Metal Roof Tech 79 W 4500 S Suite 6 Murray, Utah 84107 Phone: 801 - 462 - 5264 85 105104 86 9392 87 9594 88 10.31.2020 Th e s e d o c u m e n t s a r e t h e p r o p e r t y o f EA D . A n y u n a u t h o r i z e d u s e w i t h o u t t h e wr i t t e n c o n s e n t o f E A D i s p r o h i b i t e d b y la w . E A D d i s c l a i m s r e s p o n s i b i l i t y f o r th e s e d o c u m e n t s i f t h e y a r e u s e d w h o l e or i n p a r t a t a n y o t h e r l o c a t i o n a n d f o r an y o t h e r a p p l i c a t i o n o t h e r t h a n t h e or i g i n a l i n t e n t . I f y o u a r e n o t t h e in t e n d e d r e c i p i e n t , y o u a r e h e r e b y no t i f i e d t h a t a n y d i s s e m i n a t i o n , di s t r i b u t i o n o r r e p r o d u c t i o n o f t h e s e do c u m e n t s i s p r o h i b i t e d b y l a w . 350 MARKET ST. UNIT 309, BASALT, CO 81623 Co p y r i g h t c 2 0 1 9 b y E I G E L B E R G E R A R C H I T E C T U R E & D E S I G N SCALE: Plot Date Drawn By Checked By Project No. Date Issue Au t o d e s k D o c s : / / 1 8 0 1 9 - 1 3 5 E a s t C o o p e r / U S _ A S E _ E C 1 3 5 _ A _ V 2 4 . r v t 2/21/2025 10:36:17 AM HPC 16e PROPOSED ROOF MATERIALS 13 5 E . C O O P E R A V E . 13 5 E . C O O P E R A V E . AS P E N , C O L O R A D O 8 1 6 1 1 18019 Author Checker VIEW OF PROPOSED (LEFT) AND APPROVED ROOFING MATERIALS B-VIEW OF PROPOSED (LEFT) AND APPROVED ROOFING MATERIALS VIEW OF PROPOSED ROOFING MATERIALS-FREEDOM GREY (RIGHT) SIZE AND PATTERN WILL VARY TO MATCH HISTORIC SIZES APPROVED ROOFING MATERIALS-DIAMOND COPPER ON ADDITION, FREEDOM GREY ON DETCHED DWELING UNIT, NOW PROPOSED ON HISTORIC HOUSE Exhibit N 89 90 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM July 30, 2025 Aspen Historic Preservation Commission Aspen Historic Preservation Staff RE: 135 East Cooper Ave. Substantial Amendment Application Dear Commission: Thank you for your review and comments on June 25, 2025, and your openness to review alternative roof materials that replicate the characteristics of a wood shingle but offer better fire protection. We spent the past month working with manufacturers to develop a custom metal shingle that has the characteristics of a wood shingle for the two historic resources on the property. We will present a material mock up at the HPC hearing August 13th. The approved freedom grey metal shingle for the addition is not proposed to change. Project Background: This project dates back to 2015 when HPC approved the two story connector and addition under previous ownership. The project was amended on March 2018, and again in September 2018 to relocate the small historic building, demolish and rebuild a one car garage, and reconfigure interior spaces in the basement and remove the attic level in the landmark. In 2019 the property was sold to the current owner who amended the 2018 approvals to pick up both historic homes to repair the failing foundation underneath the two story landmark. The above grade addition was slightly reconfigured, lightwells and an existing areaway were removed, a two car garage and an enlarged basement were approved. A setback variance of 5 feet for below grade space only was granted in a few areas along the alley to allow the above grade structure to stack on top of the basement walls. The project started construction in October 2020. HPC Request: The request before HPC is to change the approved roof materials from treated wood shingle to a metal shingle. This request results from a desire for fire resistant roof material after the owner lost his home in the Pacific Palisades fire and his homeowner’s insurance company issued a determination that a fireproof roof material is required to receive coverage. Appropriate roof material that meets Fire Codes, insurance requirements, and is similar to the appearance, dimension, and scale of historic materials is an ongoing challenge. In May 2024 HPC amended the Aspen Historic Preservation Design Guidelines to allow greater flexibility in the selection of roof materials. Following is a quote from the staff memo: “Effectively, the authenticity of the material may be secondary to the overall visual qualities. Retaining the overall historic character should guide selection of an appropriate replacement material… Allowing for the broadest range of potentially suitable materials requires more oversite, a more nuanced understanding of each 91 135 E Cooper HPC Substantial Amendment property, and a more detailed analysis than would a narrow set of approvable materials.” HPC voted to remove the subtext under Guideline 7.8 that stated: “A metal roof is inappropriate for an Aspen Victorian primary home but may be appropriate for a secondary structure from that time period.” We appreciate this amendment that recognizes other roof material options and offers an applicant the ability to propose a simplified version of a wood shingle that is a “neutral, modest, and deferential alternative that is visually compatible with building’s historic features.” Roof plan – historic structures are in red, and non-historic addition is in blue. Red = historic structures and metal “wood” looking shingle Blue = new addition with approved freedom grey shingle Approved elevation with historic on left and new addition on right as viewed from Cooper Street. 92 135 E Cooper HPC Substantial Amendment Historic Preservation Design Guidelines 7.1 Preserve the original form of a roof. • Do not alter the angle of a historic roof. Preserve the orientation and slope of the roof as seen from the street. • Retain and repair original and decorative roof detailing. • Where the original roof form has been altered, consider restoration. 7.7 Preserve original roof materials. • Avoid removing historic roofing material. • Using recognized preservation methods, repair deteriorated historic material when possible. • When replacement is necessary, replace the roofing in kind, and/or use a material that is similar to the original in both style as well as physical qualities. 7.8 New or replacement roof materials should maintain or restore the character of the historic roof. • If a substitute is used, the roof material should be of a design, scale, color, texture, and composition akin to the original, or a simplified, neutral, modest, and deferential alternative that is visually compatible with building’s historic features. • Flashing should be in scale with the roof material. • Flashing should be tin, lead coated copper, galvanized or painted metal and have a matte, non-reflective finish. • Design flashing, such as drip edges, so that architectural details are not obscured. • A metal roof material should have a matte, non-reflective finish and match the original seaming. 7.9 Avoid using conjectural features on a roof. • Adding ornament or detail where this is no evidence that it existed, creates a false impression of the building’s original appearance, and is inappropriate. • Roofing materials should reflect the architectural style of the affected building or be substantiated by documentary or physical evidence. Response: The proposed new roof materials preserve the orientation and slope of the historic roof. New roof materials are necessary for both historic structures. The image below of wood shingles was used to fabricate the metal shingles for the historic resources. A range of shingle sizes is proposed to replicate a typical wood shingle. The exact metal type and patina will be resolved before the HPC hearing. The photograph provided shows some reflectivity which will be resolved to be a matte appearance by changing both the metal and the finish. This is a custom material which takes time to refine. Wood shingle analysis to inform metal shingle characteristics (left) Photograph of metal shingle (note the patina and type of metal is being refined to avoid any reflectivity (right). 93 135 E Cooper HPC Substantial Amendment Renderings of the proposed material for the resources and the approved material for the new addition is below. Rendering of proposed metal shingle for historic resources. 94 135 E Cooper HPC Substantial Amendment Metal is a natural material which is closer in physical quality to a wood shingle when compared to an asphalt shingle or an architectural composite shingle. Flashing is proposed to match the roof material. We look forward to hearing your thoughts on this request. Please contact me if you would like more information to complete your review. sara@bendonadams.com or 970-925-2855. Kind Regards, Kind Regards, Sara Adams, AICP BendonAdams, LLC Attachments: provided in original application A – Letter from Insurance Company. B - Letter from Aspen Fire. C- Land Use application. D - Signed fee agreement. E - Pre-application summary. F - Proof of ownership. G – Authorization to represent. H – HOA form. I – Vicinity map. J - List of owners within 300’. K – HPC Resolution 5-2024. L – Staff Memo dated May 22, 2024. M – Meeting Minutes dated May 22, 2024. N – Proposed plans and cut sheets. M – Revised renderings. 95 10.31.2020 Th e s e d o c u m e n t s a r e t h e p r o p e r t y o f EA D . A n y u n a u t h o r i z e d u s e w i t h o u t t h e wr i t t e n c o n s e n t o f E A D i s p r o h i b i t e d b y la w . E A D d i s c l a i m s r e s p o n s i b i l i t y f o r th e s e d o c u m e n t s i f t h e y a r e u s e d w h o l e or i n p a r t a t a n y o t h e r l o c a t i o n a n d f o r an y o t h e r a p p l i c a t i o n o t h e r t h a n t h e or i g i n a l i n t e n t . I f y o u a r e n o t t h e in t e n d e d r e c i p i e n t , y o u a r e h e r e b y no t i f i e d t h a t a n y d i s s e m i n a t i o n , di s t r i b u t i o n o r r e p r o d u c t i o n o f t h e s e do c u m e n t s i s p r o h i b i t e d b y l a w . 350 MARKET ST. UNIT 309, BASALT, CO 81623 Co p y r i g h t c 2 0 1 9 b y E I G E L B E R G E R A R C H I T E C T U R E & D E S I G N SCALE: Plot Date Drawn By Checked By Project No. Date Issue Au t o d e s k D o c s : / / 1 8 0 1 9 - 1 3 5 E a s t C o o p e r / U S _ A S E _ E C 1 3 5 _ A _ V 2 4 . r v t 2/21/2025 10:36:17 AM HPC 16e PROPOSED ROOF MATERIALS 13 5 E . C O O P E R A V E . 13 5 E . C O O P E R A V E . AS P E N , C O L O R A D O 8 1 6 1 1 18019 Author Checker VIEW OF PROPOSED (LEFT) AND APPROVED ROOFING MATERIALS B-VIEW OF PROPOSED (LEFT) AND APPROVED ROOFING MATERIALS VIEW OF PROPOSED ROOFING MATERIALS-FREEDOM GREY (RIGHT) SIZE AND PATTERN WILL VARY TO MATCH HISTORIC SIZES APPROVED ROOFING MATERIALS-DIAMOND COPPER ON ADDITION, FREEDOM GREY ON DETCHED DWELING UNIT, NOW PROPOSED ON HISTORIC HOUSE Exhibit M 96 MEMORANDUM TO: City of Aspen Historic Preservation Commission FROM: Haley Hart, Senior Long-Range Planner Emmy Oliver, Lodging and Commercial Core Program Manager THROUGH: Ben Anderson, Community Development Director MEMO DATE: August 4, 2025 MEETING DATE: August 13, 2025 RE: Resolution #XX, Series of 2025 - Short-term Rental Policy Updates Recommendation from HPC REQUEST OF THE COMMISSION: As part of the Land Use Code (LUC) Amendment process, and prior to the consideration by City Council of an amendment to the Land Use Code updating Chapter 26.530 Short- term Rental Regulations and Chapter 26.104.100 Definitions, the Historic Preservation Commission (HPC) is asked to review this memorandum and provide a recommendation pursuant to 26.310.020.B – Amendments to the Land Use Code procedure for amendment. SUMMARY AND BACKGROUND: In December of 2021, as a response to escalated community concerns about the proliferation of short-term rentals (STR) during Covid-19, City Council passed Ordinance #26, Series of 2021, which instated a moratorium on the issuance of new STR permits (Exhibit B, Ordinance #26, Series of 2021). Lasting approximately ten months, the moratorium provided space for staff to engage with the community and Council in the development of new regulations governing STRs in Aspen. On June 28, 2022, Council adopted the new set of STR regulations in Ordinance #09, Series of 2022 (Exhibit C, Ordinance #09, Series of 2022). Ordinance #09 established definitions for STRs, a three-permit system, limits on STR-C permit availability, permitting requirements and fee structure, occupancy and operational standards, active enforcement, and a non-transferability clause. The STR program began operating under the new regulations on October 1, 2022. Council requested periodic reviews of STR data to evaluate the program’s effectiveness and to determine whether adjustments to the nascent regulations needed to be made. To that end, staff provided two information-only memos to Council in 2024 (Exhibits D-E, Info Only Memos), and during a November 2024 regular meeting, Councilors approved administrative updates to the STR Program Guidelines via Resolution #137, Series of 97 HPC Recommendation STR Policy Updates Page 2 of 5 2024 (Exhibit F, Resolution #137, Series of 2024). Also during the November meeting, Council requested that staff schedule a future work session to discuss topics for potential code amendments. A work session was held on February 4, 2025, during which seven topics were identified by Council to pursue code changes for (Exhibit G, Memo – Review of the STR Program). Following the February 2025 work session, staff returned to Council on June 24, 2025, with Policy Resolution #077, Series of 2025, which contained proposed amendments to the LUC related to STR regulations and definitions (Exhibit H, Resolution #077, Series of 2025). Resolution #077 was unanimously adopted. STAFF DISCUSSION: The first six topics and associated LUC amendment proposals below and in the Resolution are primarily administrative in nature. They are intended to streamline application requirements for STR permits, increase compliance with current regulations, and provide exemptions for unique circumstances that were unaccounted for at the time the STR regulations were updated in 2022. The seventh topic below, that of caps for STR-Classic permits in the Residential/Multi- Family (R/MF) zone district, was included in Resolution #077 Series of 2025, however this topic is scheduled for discussion at a Council work session on August 25, 2025. At that time, staff will request Council’s input on whether to amend the caps for STR-C permits in the R/MF zone district. If Council directs staff to proceed with amendments to caps in R/MF, staff may attempt to include this topic in the First Reading of the ordinance in front of City Council, tentatively scheduled for September 30, 2025. Staff does not currently have code amendments proposed for this topic. 1. Modification of Public Notice Requirement in Zone Districts where Unlimited Numbers of STR Permits are Allowed A Public Notice is a required step in any new STR permit application process, and STR code requires both the mailing and posting of notices prior to permit approval for properties located in all zone districts. Staff have received feedback from the community that the mailing of notices produces excessive paper waste, and property owners who receive those notices in uncapped zones believe that the notices are unnecessary because STR activity is both assumed and highly concentrated in locations where permits are not capped. Council directed staff to pursue a modification of the Public Notice requirements in zone districts where caps for STR permits do not exist. 2. Elimination of Homeowner’s Association (HOA) Affidavit Requirement for STR Permit Renewal Applications Current STR code requires a signed letter from the applicant’s HOA to be submitted with every STR permit application, however it does not specify if the letter is required for all application types (new and annual renewal). As such, staff currently require submission of the HOA affidavit with each new and renewal application. Staff have received feedback that this requirement produces a significant burden on managers of large HOAs during the annual permit renewal process as they must produce the affidavit for each customer 98 HPC Recommendation STR Policy Updates Page 3 of 5 seeking permit renewal. Council directed staff to amend the code to clarify that the requirement is for new permit applications only. 3. Exemption from Tax Filing Requirement for Properties Under Construction Permittees are required to demonstrate utilization of their STR permit at least once per calendar year, by filing STR taxes with the City, to secure their eligibility for annual renewal of the permit. The code makes no exceptions to this rule, and this has caused some permittees to postpone renovations of their properties due to the inability to file taxes while under construction. Permittees have requested exemptions from the tax filing requirement while their property is under construction to avoid forfeiting their permit due to the inability to book rentals during the project. Staff was directed by Council to amend this code section to allow permittees to request an exemption if they can provide proof of an active building permit. 4. Exemption from Non-Transferability Clause in Case of Permittee Death STR permits may only be issued to one individual property owner and are not eligible for transfer to any other individual at any time, without exception. For permittees engaged in estate planning, transferability of permits is a major concern, and staff have received frequent requests for the ability to transfer an STR permit to a surviving spouse in the event of the death of a permittee. Council supported modification of the non-transferability requirement for this reason, and the Council majority directed staff to propose options for broader permit transferability allowances within families. 5. “Run Out” Period to Honor Bookings After Sale of a Permitted Property Because STR permits are non-transferable, they may not be transferred from a seller to a buyer when a permitted property is sold. Real estate professionals note that when an STR property owner has binding rental contracts that post-date the property’s sale, there is no mechanism for the new property owner to honor those contracts. These instances can cause financial harm for the renters, sellers, and agents involved in the transaction. For this reason, many requests have been made for a “run out” period (or permit type) that allows new property owners to honor pre-existing contracts made by the sellers. Council showed unanimous support for the exploration of an interim permitting mechanism to support the STR community through this unique scenario. It should be noted that this topic was first brought to the attention of City Council during a Work Session on September 19, 2022, and City Council directed staff to make no amendments at that time. 6. Addition of Accountability Mechanism for STR Advertising Platforms This topic involves the creation of policy designed to hold STR advertising platforms accountable for publishing compliant STR advertisements on their platforms. Current code requires that permittees include a valid STR permit number and maximum occupancy for the unit in all advertisements for the STR. This required information is frequently missing from STR advertisements, and in those events, staff finds it difficult to identify the property address and/or owner’s contact information. In the absence of 99 HPC Recommendation STR Policy Updates Page 4 of 5 identifying information, corrective action cannot be requested of the property owner, and the non-compliant advertisement remains posted without repercussion. By broadening Aspen’s policy to hold advertising platforms accountable for compliance, staff could request corrective action from the advertising platform when the owner’s contact information is unavailable. Several other Colorado municipalities have adopted language allowing them to request correction or removal of STR advertisements that are not compliant with their jurisdictional requirements. 7. Caps on STR-Classic Permits in the R/MF Zone District Ordinance #09, Series of 2022, established a limit or “cap,” of 190 STR-Classic (STR-C) permits in the R/MF zone district. A total of 192 STR-C permits currently exist in R/MF, due to STR accounts that pre-date Ordinance #09, Series of 2022. New STR-C permits may only be issued in R/MF when the number of existing permits falls below the cap threshold. There is also a waiting list of 50 applications in the R/MF zone. The lengthy waiting list, coupled with the fact that there are still several permits above the cap, raise questions about whether the caps in R/MF should be altered or eliminated. To further the issue, several multi-family buildings that have historically been used as STRs are located in the R/MF zone and are accordingly subject to the caps. Representatives for those properties have requested that zoning for the properties be re-assessed so they are not subject to the caps. This topic will be discussed with Council in a work session on August 25, 2025, and depending on the outcome of the discussion, it may require a different code amendment timeline from the six other topics described above. Despite the additional discussion and policy direction required before moving forward, this topic was included in Resolution #077, Series of 2025 so that the code is open to accommodate any Council-directed amendments when timing allows. RECOMMENDATIONS: Any proposed changes to the LUC must follow the common process for amending the LUC. Pursuant to 26.310.020, “the Director shall solicit input from the Planning and Zoning Commission, the Historic Preservation Commission, or other Boards of the City, as applicable.” Per 26.310.020, the process includes the following steps: 1. Passing of a Policy Resolution to open the code for edits - completed via Resolution #077, Series of 2025, on June 24, 2025 2. Formal recommendation from HPC – this meeting 3. Formal recommendation from the P&Z – meeting scheduled for August 20, 2025 4. First Reading of the ordinance in front of City Council – meeting tentatively scheduled for September 30, 2025 5. Second Reading of the ordinance in front of City Council – meeting not yet scheduled 100 HPC Recommendation STR Policy Updates Page 5 of 5 Staff recommends that the Historic Preservation Commission evaluate the above proposals and draft code amendments and provide a formal recommendation by approving Resolution #XX, Series of 2025, amending the LUC related to Short-term Rental Regulations and Definitions. RECOMMENDED MOTION: If the Commission concurs with the above proposals and draft code amendments, as is: “I move to approve Resolution #XX, Series of 2025.” If the Commission would like to add additional recommendations or make formal comment to Council on the above proposals or draft code amendments: “I move to approve Resolution #XX with the following additions or changes…” EXHIBITS: Resolution #XX, Series of 2025 – Amendments to the Land Use Code related to Short- term Rental Regulations and Definitions A – Draft Code Amendments – Section 26.104.100 Definitions, and Section 26.530 Short term Rental Regulations B - Ordinance #026, Series of 2021 C - Ordinance #09, Series of 2022 D - Info Only Memo, STR Update 3.26.24 E – Info Only Memo, STR Program Response to Public Comment 10.22.24 F - Resolution #137, Series of 2024 G – Memo, Review of the STR Program 2.24.25 H - Resolution #077, Series of 2025 101 HPC Resolution #XX, Series of 2025 Recommendation for STR Policy Updates Page 1 of 3 RESOLUTION #XX SERIES OF 2025 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL BY CITY COUNCIL FOR THE AMENDMENT OF CITY OF ASPEN LAND USE CODE SECTION 26.530 – SHORT TERM RENTAL REGULATIONS, AND SECTION 26.104.100 – DEFINITIONS WHEREAS, pursuant to Section 26. 310. 020(A), during a regular City Council meeting on December 14, 2021, City Council adopted Ordinance # 026, Series of 2021, by a unanimous affirmative vote placing, a moratorium on the issuance of new short- term rental (STR) permits until September 30, 2022; and, WHEREAS, during a duly noticed public hearing on June 28, 2022, City Council approved Ordinance #09, Series of 2022 at Second Reading by a unanimous affirmative vote, establishing a robust set of regulations governing the licensing, permitting, capping, inspecting, enforcing, and creation of a new fee structure for services performed for STRs; and, WHEREAS, Ordinance # 09, Series of 2022 became effective on July 29, 2022, and at the expiration of the moratorium created by Ordinance #026, Series of 2022, the City began issuing new STR permits on October 1, 2022; and, WHEREAS, during a Work Session on February 24, 2025, staff updated City Council on the STR program, and during that meeting received majority direction from City Council to proceed with exploring policy updates for administrative topics and future policy related topics related to streamlining STR permit application requirements, increasing compliance with existing regulations, providing exemptions for unique circumstances unaccounted for in the current STR regulations, and the R/MF Zone District permit cap number; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 24, 2025, the City Council approved Resolution #077, Series of 2025, by a five to zero (5- 0) vote, requesting a code amendment to the Land Use Code; and, WHEREAS, amending the Land Use Code from time to time is necessary to ensure the ongoing effectiveness, coordination, and viability of the regulations within the City of Aspen Land Use Code; and, WHEREAS, Section 26.104.100, Definitions; Section 26.530, Short-term Rental Regulations and other sections of the Land Use Code, as necessary, are being proposed for amendments; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of Resolution #077, Series of 2025, is conducting a limited public outreach effort to inform the public, STR program participants, the Historic Planning Commission, 102 HPC Resolution #XX, Series of 2025 Recommendation for STR Policy Updates Page 2 of 3 the Planning and Zoning Commission, and members of the STR Technical Advisory Committee of the proposed updates; and, WHEREAS, Community Development has presented a memorandum outlining the proposed topics for code amendments to the Historic Preservation Commission; and, WHEREAS, at a regular meeting on August 13, 2025, the Historic Preservation Commission considered the topics proposed for code amendments, and reviewed staff’s memo, and by a X-X vote approves Resolution #XX, Series of 2025, recommending Council consideration and approval of amending Section 26.530 – Short-term Rental Regulations and 26.104.100 – Definitions. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: The Historic Preservation Commission recommends the Land Use Code Section 26.530 – Short Term Rental Regulations, and Section 26.104.100 – Definitions be rescinded and readopted as described in Exhibit A. Section 2: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. 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 4: 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 13th day of August, 2025. Approved as to form: Approved as to content: 103 HPC Resolution #XX, Series of 2025 Recommendation for STR Policy Updates Page 3 of 3 ______________________________ __________________________________ Katharine Johnson, City Attorney Kara Thompson, Chair Attest: ______________________________ Tracy Terry, Municipal Court Clerk Exhibit A – Draft Code Amendments – Section 26.104.100 Definitions, and Section 26.530 Short term Rental Regulations 104 D R A F T Aspen, Colorado, Municipal Code Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 1 of 13 Chapter 26.104. – GENERAL PROVISIONS Sec. 26.104.100. Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Short-term Rental Service. A person or company that operates a website or any other digital or print platform that provides a means through which a property owner or their repres entative may offer a residential property or dwelling unit, or portion thereof, for short-term rentals, and from which the person or company financially benefits. 105 D R A F T Aspen, Colorado, Municipal Code Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 2 of 13 Chapter 26.530. SHORT-TERM RENTAL REGULATIONS1 Sec. 26.530.010. Purpose. The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen. STRs are an important component of the City's lodging bed base, support a vibrant tourist economy, and provide real property owners with STR permits significant financial benefit. STRs influence property value and occupancy patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging uses in residential neighborhoods. STRs require services and infras tructure to operate. STRs further reduce the potential availability of long-term rental housing to support the local economy and community. STRs require regulation as a distinct land use to ensure the health, safety, peace, and welfare of the community through the application of zoning police powers. The following regulations support the operation of STRs balanced with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.020. Applicability. (a) This Chapter applies to all STRs in the City of Aspen. STRs are required to obtain a permit in accordance with their type and operation as defined in this Section. STRs operating without a permit are subject to enforcement as defined in Section 26.530.060, Enforcement. (b) It shall be unlawful for any person, whether a principal or agent, clerk, or employee, either for him or herself, or for any other person for anybody, corporation or otherwise, to lease or operate an STR without first obtaining an STR permit in accordance with the provisions and procedures of this Section. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.030. Permitting requirements. (a) Permits. Any property rented as an STR shall require a permit to operate. Permits shall be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: (1) Permittee. Permits shall only be issued in the name of one (1) natural person who has an ownership interest in the property for which the permit is issued ("Permittee"). (2) Permit Number. STR permits are issued a unique permit number. That permit number shall be clearly displayed in all advertising and listings of the STR, including but not limited to all digital and print advertising. The permit number must be listed in the STR, along wit h permittee and/or qualified 1Editor's note(s)—Prior to the reenactment of Chapter 26.530 by Ordinance No. 9-2022, § 1, adopted June 28, 2022, said chapter was repealed by Ordinance No. 14-2007 § 1. Former Chapter 26.530 pertained to the resident multi-family replacement program and was derived from Ordinance No. 40-2002 § 2 as amended by Ordinance No. 51-2003 § 1. 106 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 3 of 13 owner's representative and emergency contact information as part of the in -unit Community Messaging Program described in the STR Program Guidelines. (3) Permit Application Contents. The following information is required for STR permit applications: the owner(s) of the property, the name and contact information of the proposed permittee; if title to the subject property is held by a corporation, partnership, association, or company, t he name and contact information of any officer, director or stockholder holding ten (10) percent or more of the interests in the corporation, partnership, association, or company; the property address, Pitkin County parcel identification number; Pitkin County owner name; number of bedrooms and pillows in the unit in its largest configuration; size of heated area of the STR residence, and all previous notices of code violations or complaints filed against the property. (4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit lodging and sales tax in accordance with Municipal Code regulations and Finance Department policies. The STR-Program Guidelines include details about licensing and tax compliance standards and procedures. (5) Non-Transferability. Commencing October 1, 2022, STR permits shall be granted only for the property for which it is issued and solely to the permittee to whom it is issued. The permit shall not be transferable to any other person, legal entity, or residential address ., with limited exemptions granted only in the event of the permittee’s divorce or death as outlined in Sec 23.48.040.d-e. If the property is owned by a partnership, corporation, association or company, a transfer shall be deemed to occur if the permittee transfers his or her interest in the property to a third-party individual or entity or if more than ten (10) percent of the partnership, corporation, association, or company is transferred to a third - party individual or entity, even if the permittee retains an ownership interest in the property. Upon such transfer of ownership, the permit shall be deemed terminated and revoke d and the new owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a vacation rental. The STR permit shall include a non-transferability clause and notice that the permit shall be deemed terminated and revoked automatically upon the sale or change of ownership of the property for which a permit has been issued, as described herein. (b) Permit Types. STRs shall be eligible for one (1) of three (3) permit types: Short -term Rental Classic, Owner- Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The ability to obtain an STR permit is conditioned upon the permittees consent of the eligibility, requirements, and standards for each permit type as follows: (1) Short-term Rental Classic (STR-C). This permit is issued only to residential units located in eligible zones and the approved use of which is not a Lodge use. (Condo-hotel properties must apply for a Lodging- Exempt STR permit.) a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. b. STR-C permits are subject to the life-safety standards and the operational standards described in this Chapter and the STR Program Guidelines. c. There is no annual limit on the number of nights an STR-C permittee may operate the STR unit. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Occupancy for the unit is limited by the standards described in Section 26.530.050. (2) Owner-occupied Short-term Rental (STR-OO). This permit is issued only to owner-occupied residential units, where the property is the primary residence of the permittee. Part 700 of this Title describes the zone districts where STRs are a permitted use. 107 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 4 of 13 a. STR-OO rental permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. b. STR-OO are subject to the life-safety standards for STRs described in this Chapter and the Program Guidelines, and who must have two (2) of the following valid documents indicating that the STR is the applicant's primary residence: i. valid Colorado driver's license; ii. valid motor vehicle registration; iii. voter registration; iv. Federal or state tax return; or v. other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. (3) Lodging Exempt Short-term Rental (STR-LE). Lodges and condo-hotels which meet the definition of Lodge are eligible for STR-LE permits. a. For eligible properties, only one (1) permit is required for all units under management. b. In addition to the limitations of the definition of Lodge and/or Condo -hotel, Lodging Exempt eligible properties must offer STR units under a unified brand and marketing model where individual ownership of units is secondary to the central brand of the pr operty. c. Lodging Exempt permittees must submit an affidavit attesting to their eligibility. d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210. (4) Temporary Short-term Rental (STR-T). An STR-T permit may be issued to a residential unit in eligible zones for the sole purpose of allowing a new property owner to honor booking reservations made by the previous owner that post-date the sale of the property. a. STR-T permits are valid for a maximum of ninety (90) days from the date of issuance and are not eligible for renewal after the permit expiration date. b. STR-T permits are assessed a one-time administrative permit fee in accordance with Section 26.530.080, Fees. c. STR-T permit applications must be submitted within fifteen (15) days from the date of transfer of property ownership. Proof of purchase or ownership transfer is a required submission with each STR-T permit application. All existing short-term rental reservations made prior to the property sale must be declared on an application for a STR-T permit. d. STR-T permits are subject to public notice requirements in Section 26.304.060(e)(3)b. Manner of Notice. Proof of notice is a required submission with the STR-T permit application. A waiting period during the posted notice and prior to permit issuance is not required. e. STR-T permits are subject to the life-safety and operational standards described in this Chapter and the STR Program Guidelines. f. STR-T permittees may not accept any new STR bookings for the duration of the STR-T permit. g. Advertising short-term rentals at an STR-T property is not permitted. All pre-existing short-term rental advertisements for the STR-T property must be deactivated, removed, or otherwise made unavailable to prospective customers for the duration of the STR-T permit. 108 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 5 of 13 h. Failure to comply with the STR-T permit requirements is a violation of the municipal code and subject to fines and penalties as stated in 26.530.070 Enforcement. (c) Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STR is not a permitted use, it is a prohibited use. (1) STR-C permits are limited by number in specific zone districts as follows: a. RR: Two (2) permits; b. R-3: One (1) permit; c. R-6: Eighty-one (81) permits; d. R-15: Forty-seven (47) permits; e. R-15A: Eight (8) permits; f. R-15B: Twelve (12) permits; g. R-30: One (1) permit; h. R/MF: One hundred ninety (190) permits; i. R/MFA: Twelve (12) permits; j. AH: Nine (9) permits; k. MU: Thirty-nine (39) permits; l. NC: One (1) permit; m. SCI: Two (2) permits; n. SKI: Two (2) permits. (2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1), Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LP), Lodge Preservation Overlay (LO). (3) STR-OO are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted use. (4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted or prohibited use. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.040. Permit procedures and standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. (a) Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which they are located. STR permit applications shall include the Parcel Identification Number and residential address including unit number for the property to ensure compliance with underlying zoning. Zone district STR regulations, including permitted uses and cap limitations, may change over time per City 109 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 6 of 13 Council action. Possession of an STR permit does not supersede compliance with zone district STR regulations. (b) Life-safety Compliance and Inspection. (1) Required Noticing. All new STR-C and STR-OO applicantstions for properties located in zone districts with caps on the number of permits shall comply with neighborhood noticing requirements per Section 26.304.060(e)(3)b.—c., Manner of Notice. New STR-C and STR-OO applications for properties located in zone districts without caps on the number of permits shall comply with neighborhood noticing requirements per Section 26.304.060.E.3.b, Manner of Notice. All STR-T applications shall comply with neighborhood noticing requirements per section Section 26.304.060.E.3.b, Manner of Notice. STR-LE applications are exempt from this provision. (2) Inspections. By signing and submitting an STR permit application, and subsequently being granted a permit, the owner(s) of the property shall consent to inspections of the property by City of Aspen personnel and their agents for the purpose of determining compliance with City Codes, Regulations and Laws. No inspection will be made without first giving the permittee and, if applicable, the qualified owner's representative, forty-eight (48) hours' notice of the inspection. (3) Life-Safety. STRs are required to comply with all applicable life -safety standards in Municipal Code Title 8 and the STR Program Guidelines, as amended from time to time. Life-safety standards including: fire suppression, occupancy limitations, mechanical codes, emerg ency contacts and procedures, and inspections. (c) Qualified Owner's Representative. Permittees who cannot meet requirement for regulatory compliance, in-person service, emergency response and other regulations in this title may designate a qualified owner's representative. A qualified owner's representative shall be a natural person resi ding in the Roaring Fork River Drainage area situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage area from and including the unincorporated No Name area to and including Rifle. The qualified owner's representative is designated by the permittee who is the property owner as the point of contact for the permitted STR. For permittees that designate a qualified owner's representative, the qualified owner's representative shall be r esponsible for responding to tenant and City inquiries, complaints, enforcement actions, and other on -site needs. (1) If a qualified owner's representative is designated for an STR, the qualified owner's representative must have a City of Aspen business license. The qualified owner's representative shall be listed on the STR permit for the property including the qualified owner's representative's name, entity or company name, telephone number, email address, and physical address. (2) STR permittees who designate a qualified owner's representative are liable for compliance with applicable Land Use Code and Municipal Code regulations. The qualified owner's representative is not legally liable for violations of this Section or compliance with applicable Municipal Code regulations but is responsible for notifying the permittee when a violation has occurred. (3) The name, address, and telephone number(s) of the qualified owner's representative, as shown on the STR permit, shall be made available to the Community Development Department, the Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified owner's representative or permittees' contact information shall be promptly furnished to the City of Aspen via a revised STR permit application within ten (10) days. Failure of the permittee to provide or update the qualified owner's representative contact information to the City shall constitute an enforcement violation subject to actions and penalties as described in Section 26.530.0670, Enforcement. (4) The permittee, or if designated, the qualified owner's representative, shall be available twenty - four (24) hours a day, year-round to ensure that the property is maintained and operated as 110 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 7 of 13 required by Land Use Code standards and the STR Program Guidelines. The permittee, or if designated, the qualified owner's representative, shall respond to service or compliance inquiries from occupants and City officials, and shall be available to be at the property within two (2) hours in an emergency. Failure of the permittee, or if designated, the qualified owner's representative, to respond to a call from a tenant or the Community Development Director within twenty -four (24) hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.0670, Enforcement, against the permittee. (d) Permit application, fees, issuance, renewal, revocation, and abandonment. (1) Application. Permit applications shall be received and processed on a first-come, first-served basis. The Community Development Director shall deem applications complete based on the requirements of this Chapter and the standards in the STR Program Guidelines. Only complete STR permit applications shall be accepted and reviewed. An application shall only be complete when all information, tasks, and administrative fee payments required for the application type have been submitted by the applicant and received by the City of Aspen. (2) Fee payment. Permit fees shall be remitted at the time of permit application and cover the cost of processing the application. Application fees are nonrefundablenon-refundable. (3) Neighborhood noticing. Upon application for a new STR-C or STR-OO permit, for a property located in a zone district with a cap on the number of allowable permits, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060(e)(3)b.—c. Manner of Notice. Upon application for a new STR-C or STR-OO permit for a property located in an zone district without a cap on the number of allowable permits, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060.E.3.b, Manner of Notice. Upon submission of an STR-T application, the applicant shall comply with neighborhood noticing requirements in Section 26.304.060.E.3.b, Manner of Notice. Annual STR permit Permit renewals do not require neighborhood noticing. Permits shall be approved, approved with conditions, or denied following the notice period. STR-LE are exempt from this provision. (4) HOA compliance. Permit New STR permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application. Annual STR permit renewals do not require an updated HOA approval letter. Permittees shall notify the City of Aspen if any HOA permissions change regarding short-term rentals at any point during the life of an issued permit. (5) Issuance. Permits shall be approved, approved with conditions, or denied within twenty -one (21) working days of the closure of the notice period described above. The Community Development Director may issue permits with conditions based on review of the permit application and public comment. The review and issuance period for individual permit applications may be extended at the direction of the Community Development Director. (6) Waitlist. Once the permit limit is reached for each zone district, applicants will be placed on a waitlist for the next available permit in the order in which the application was received. A waitlist applicant shall be a natural person. The residential address included in the waitlist application must match the residential address for which the subsequent permit is issued. Applicants who sell the property for which the permit is sought shall be removed from the waitlist. As permits become available, waitlist applications shall be reviewed and approved, approved with conditions, or denied. If the property has been found in violation of this Chapter during the waitlist period, the application shall be denied. 111 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 8 of 13 (7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR Program Guidelines. Only complete STR permit renewal applications will be accepted for annual STR permit renewal. An application shall be complete when all information, tasks, and administrative fee payments required for the application type have been submitted by the applicant and received by the City of Aspen. Failure to renew a permit within fourteen days (14) of the permit expiration date shall result in the abandonment of the permit. STR-T permits are not eligible for renewal and expire automatically upon the expiration date of the permit. (8) Tax filing. STRs must be occupied by a short-term renter a minimum of once per year, as shown in tax filings, to be eligible for renewal. Permits with one (1) year of zero tax filings from the date of permit issuance or renewal will be considered abandoned and be processed in accordance with the standards in this Chapter. STRs that obtain active building permits may be eligible for a one-time exemption from the Tax Filing requirement. STR-permitted properties that experience an “act of nature” emergency that renders the property uninhabitable may also be eligible for an exemption from the Tax Filing requirement. (i) Building Permit Exemptions. STR permittees may apply for a one-time permit renewal exemption if the STR property is under construction. To apply for a building permit exemption, the permittee must notify the Community Development Director in writing within 14 days of the date of issuance of the building permit. Building permit exemptions are granted at the discretion of the Community Development Director with proof of a valid building permit. (ii) Act of Nature Exemptions. STR permittees may apply for a permit renewal exemption due to an “act of nature” that renders the property uninhabitable. To apply for an act of nature exemption, the permittee must notify the Community Development Director in writing that the STR property has experienced an act of nature within 30 days of the incident. An “act of nature” is defined as “an accident or other natural event caused without human intervention that could not be prevented by reasonable foresight or care.” Example acts of nature include forest fires, floods, landslides, or other unforeseen natural events. Act of nature exemptions are granted at the discretion of the Community Development Director with sufficient proof of uninhabitability. (9) Abandonment. STR-C and STR-OO permits shall be valid for one (1) year from the date of issuance and shall be renewed annually. Failure to renew a permit in accordance with the STR Program Guidelines will result in the abandonment of the permit. STR permits may be aban doned by permittees at any time by notifying the Community Development Director of the intent to abandon the permit. Abandoned permits will be made available to the next applicant on a first - come, first-served basis or the next applicant on the waitlist for that zone district in accordance with the STR Program Guidelines. STR-LE are exempt from this provision. (10) Revocation. STR permits may be revoked by the Community Development Director for any of the following reasons: three (3) violations of the requirements of this Chapter and applicable Municipal Code standards as described in the STR Program Guidelines, failure to rent the property during the term of the permit, failure to pay STR taxes and fees, or violations of the requirements of this Section. (Ord. No. 9-2022, § 4, 6-28-2022) 112 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 9 of 13 Sec. 26.530.050. Occupancy and operational standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. (a) Occupancy limits and unit size. STRs arc limited to a total occupancy of two (2) occupants per bedroom plus two (2) additional occupants, studios are limited to a total occupancy of two (2) occupants plus one (1) additional occupant. Permit applications are required to list the number o f bedrooms in the unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit application and for compliance with these occupancy requirements. For the purpose of establishing unit occupancy, a studio shall have an occupancy of two (2) occupants plus one (1) additional occupant. Occupancy for each STR shall be included in all STR advertising, the in-unit messaging, and permit on display in each permitted STR. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. (b) Annual rental night limits. STR-OO are limited to one hundred twenty (120) short-term rental nights per year from the date of permit issuance. There is no annual limit on the number of nights per year an STR-C can be rented. There is no annual limit on the number of nights per year an STR-LE can be rented. (c) Good neighbor guide. STRs are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community and supporting the maintenance of community character and values. STR owners and permittees are required to assist STR occupants in being 'good neighbors' by recognizing their obligation to following the rules and customs of the community. To support these community goals, the Community Development Department maintains the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non - governmental organizations to promote good neighbor behavior by visitors. (1) STR-C and STR-OO permittees, and if designated, their qualified owner's representatives must comply with the policies described in the City of Aspen Good Neighbor Guide and provide that information at all times to occupants of the unit. (2) In-unit messaging is essential to assisting STR occupants in supporting the City's good neighbor policies, ensuring STRs in neighborhoods support community character, and assisting in the promotion of Aspen's community character. The following notices shall be posted in a conspicuous location inside the rental unit: i. A copy of the STR-C or STR-OO permit; ii. STR license and business number; iii. The name, address, and telephone number(s) of the permittee or qualified owner's representative; iv. A statement which reads: Occupants shall comply with the City's Noise Ordinance; v. The location of the required parking spaces; vi. Wildlife protection policy; vii. The location of the fire extinguisher; viii. Information on the trash, recycling, and composting programs including: a. Solid waste pickup schedules; b. Guidelines on living with wildlife and instructions for operating wildlife containers; and 113 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 10 of 13 c. A notice that trash and recycling containers must be stored indoors except between 6:00 a.m. and 6:00 p.m. on the day of scheduled trash or recycling pickup, where they may be placed at the curbside or in alleys; ix. City of Aspen emergency services information and contact information; x. The City of Aspen's Good Neighbor Guide. (d) Adoption of and compliance with STR program guidelines. The City Council hereby adopts the Short- term Rental Program Guidelines. The Community Development Department shall keep on file and make available to STR permittees, and if applicable, qualified owner's representatives. These guidelines set forth the standards, procedures, and supplemental information necessary for the operation of an STR within the City of Aspen. The Community Development Director may use the guidelines as a basis for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be updated, amended, and expanded from time to time by City Council Resolution. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.060. STR Advertising Requirements. STR permittees shall be responsible for ensuring any advertisements for the STR property are in compliance with this Chapter. Short-term rental services shall be responsible for ensuring all advertisements of STR properties within the City of Aspen that are listed throughout their platforms comply with the advertising requirements in this Chapter. Following the issuance of an STR permit, the permittee and all short-term rental services will be reviewed for compliance with the following standards. (a) Permittee Advertising Requirements. STR owners, permittees, and/or their representatives shall ensure that any advertisements of the STR property show the valid City of Aspen STR permit number and maximum occupancy for the property in all listings that advertise short-term rentals of the property. (1) The STR permit number for the property, as found on the valid City of Aspen STR permit issued to the property owner, must always be visible on any STR advertisement. The permittee shall enter the permit number in the advertisement title, the advertisement description, or the designated permit number field of the advertisement. (2) Maximum occupancy for the property, as found on a valid City of Aspen STR permit issued to the property owner, must always be visible on any STR advertisement. The permittee shall enter the maximum occupancy in the advertisement title, the advertisement description, or the designated occupancy field of the advertisement. (3) Permittees that are on a waitlist for an STR-C permit shall not advertise for short-term rentals of the property unless they hold a valid STR-OO or STR-LE permit. (4) STR-T permittees shall not advertise short-term rentals of the property for the duration of the STR- T permit. (5) STR advertisements where the maximum occupancy is missing, the STR permit number is invalid or expired, where the STR permit has been revoked, or where the property has a valid STR-T permit or is on a waitlist for STR permit, are subject to enforcement and penalties pursuant to 26.530.070.(b) Enforcement and Penalties, including revocation of the existing STR permit and/or the inability to obtain an STR permit in the future if the property is found to be advertised for short-term rentals while the property is on a waitlist for STR permit or has a valid STR-T permit. (b) Short-term Rental Service Advertising Requirements. 114 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 11 of 13 Pursuant to CRS 30-150-401(1)(s)(III), all short-term rental services that display short-term rental advertisements for properties in the City of Aspen shall require that each permittee or their representatives using the short-term rental service include a valid STR permit number issued by the City of Aspen to the property owner in any advertisement for a short-term rental on the short-term rental service platform. (1) A short-term rental service displaying advertisements for STR properties in the City of Aspen shall require that the STR property owner, permittee, or their representative include a valid STR permit number issued by the City of Aspen and the maximum occupancy for the STR property in each advertisement on the short-term rental service platform. (2) A short-term rental service shall remove any STR advertisement from the platform after receiving notification by City of Aspen that the STR permit number associated with the listing is missing, invalid, or expired, or that the STR permit associated with the property has been revoked, or that the City of Aspen has a prohibition on STRs that applies to the property in the advertisement, or that the maximum occupancy for the STR unit is missing, invalid, or expired. The notification shall include the advertisement URL, the reason that removal of the advertisement is required, and any other identifying information available to the City of Aspen. The short-term rental service shall remove the advertisement from the platform within fourteen (14) days of receiving the notification from the City of Aspen. (3) A short-term rental service that fails to remove a STR advertisement from the platform within fifteen (15) or more days of receiving a removal notification from the City of Aspen shall be subject to enforcement and penalties pursuant to 26.530.070(b) Enforcement and Penalties. Sec. 26.530.0760. Enforcement. The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. STR permittee, and if applicable, qualified owner's representative, play an essential role in supporting and advancing these policies and supporting the City's enforcement activities. (a) Falsifying Information. Falsifying information on an STR permit application or any related document is a violation of Municipal Code and subject to Penalties. (b) Complaints. Any valid complaint received regarding the STR property will first be referred to the permittee, and if applicable, qualified owner's representative for response and correction. The Community Development Director will follow up with any complaining party, the permittee, and if applicable, qualified owner's representative, for compliance or resolution. The permittee or qualified owner's representative must respond to all complaints or inquiries from City officials within twenty - four (24) hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for complaints against a HOA, hotel, or condo-hotel's own guidelines outside of the City's code, rules and regulations. Failure to respond within twenty -four (24) hours shall result in a notice of violation and demand to cure. All valid complaints will be recorded and kept on -file including the address, permittee, permit number, business license number associated with the complaint, and the complainer's name and contact information. (bc) Enforcement and Penalties. Upon receipt of a compliantcomplaint, the Community Development Department shall investigate and if it is determined there are grounds to believe a violation of this Chapter or any STR rules and regulations may have occurred, the Community Development Director may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STR permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1) year permit cycle, effective upon mailing notice to the permittee's address on file. The permittee may 115 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 12 of 13 appeal the decision to revoke the STR permit by providing notice of appeal to the Community Development Director within fourteen (14) days of the date of the decision to revoke the permit. The Administrative Hearing Officer shall hear appeals brought pursu ant to this subsection (b). Appeals shall be governed by the procedures set forth in Section 26.316.030. (1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five hundred dollars ($500.00). Each day of any violation of this Section shall constitute a separate offense. (2) Civil Remedies. a. The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by v iolation of this Title. b. In addition to the penalties and remedies set forth herein, an STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of this Title by the permittee of the property subject to the permit within the one (1) year. c. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together wit h a ten (10) percent penalty for costs of collection. Any lien placed against the property pursuant to this Chapter shall be recorded with the Pitkin County clerk and recorder. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.0870. Fees. STR permits are assessed an annual fee per unit, remitted at the time of permit application, in accordance with the following table. Annual Administrative Fee STR-Classic: $394.00 STR-Owner-occupied: $394.00 STR-Temporary: $394.00 STR-Lodging Exempt: $148.00/unit Table I: Fee Schedule (Ord. No. 9-2022, § 4, 6-28-2022) 116 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 13 of 13 Sec. 26.530.0980. Appeals. Permittees may appeal decisions made by the Community Development Director in the enforcement of this Chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020(d). Appeals shall be processed in accordance with Section 26.316.030. (Ord. No. 9-2022, § 4, 6-28-2022) 117 D R A F T Aspen, Colorado, Municipal Code Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 1 of 13 Chapter 26.104. – GENERAL PROVISIONS Sec. 26.104.100. Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: Short-term Rental Service. A person or company that operates a website or any other digital or print platform that provides a means through which a property owner or their repres entative may offer a residential property or dwelling unit, or portion thereof, for short-term rentals, and from which the person or company financially benefits. 118 D R A F T Aspen, Colorado, Municipal Code Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 2 of 13 Chapter 26.530. SHORT-TERM RENTAL REGULATIONS1 Sec. 26.530.010. Purpose. The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen. STRs are an important component of the City's lodging bed base, support a vibrant tourist economy, and provide real property owners with STR permits significant financial benefit. STRs influence property value and occupancy patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging uses in residential neighborhoods. STRs require services and infras tructure to operate. STRs further reduce the potential availability of long-term rental housing to support the local economy and community. STRs require regulation as a distinct land use to ensure the health, safety, peace, and welfare of the community through the application of zoning police powers. The following regulations support the operation of STRs balanced with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.020. Applicability. (a) This Chapter applies to all STRs in the City of Aspen. STRs are required to obtain a permit in accordance with their type and operation as defined in this Section. STRs operating without a permit are subject to enforcement as defined in Section 26.530.060, Enforcement. (b) It shall be unlawful for any person, whether a principal or agent, clerk, or employee, either for him or herself, or for any other person for anybody, corporation or otherwise, to lease or operate an STR without first obtaining an STR permit in accordance with the provisions and procedures of this Section. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.030. Permitting requirements. (a) Permits. Any property rented as an STR shall require a permit to operate. Permits shall be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: (1) Permittee. Permits shall only be issued in the name of one (1) natural person who has an ownership interest in the property for which the permit is issued ("Permittee"). (2) Permit Number. STR permits are issued a unique permit number. That permit number shall be clearly displayed in all advertising and listings of the STR, including but not limited to all digital and print advertising. The permit number must be listed in the STR, along wit h permittee and/or qualified 1Editor's note(s)—Prior to the reenactment of Chapter 26.530 by Ordinance No. 9-2022, § 1, adopted June 28, 2022, said chapter was repealed by Ordinance No. 14-2007 § 1. Former Chapter 26.530 pertained to the resident multi-family replacement program and was derived from Ordinance No. 40-2002 § 2 as amended by Ordinance No. 51-2003 § 1. 119 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 3 of 13 owner's representative and emergency contact information as part of the in -unit Community Messaging Program described in the STR Program Guidelines. (3) Permit Application Contents. The following information is required for STR permit applications: the owner(s) of the property, the name and contact information of the proposed permittee; if title to the subject property is held by a corporation, partnership, association, or company, t he name and contact information of any officer, director or stockholder holding ten (10) percent or more of the interests in the corporation, partnership, association, or company; the property address, Pitkin County parcel identification number; Pitkin County owner name; number of bedrooms and pillows in the unit in its largest configuration; size of heated area of the STR residence, and all previous notices of code violations or complaints filed against the property. (4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit lodging and sales tax in accordance with Municipal Code regulations and Finance Department policies. The STR-Program Guidelines include details about licensing and tax compliance standards and procedures. (5) Non-Transferability. Commencing October 1, 2022, STR permits shall be granted only for the property for which it is issued and solely to the permittee to whom it is issued. The permit shall not be transferable to any other person, legal entity, or residential address ., with limited exemptions granted only in the event of the permittee’s divorce or death as outlined in Sec 23.48.040.d-e. If the property is owned by a partnership, corporation, association or company, a transfer shall be deemed to occur if the permittee transfers his or her interest in the property to a third-party individual or entity or if more than ten (10) percent of the partnership, corporation, association, or company is transferred to a third - party individual or entity, even if the permittee retains an ownership interest in the property. Upon such transfer of ownership, the permit shall be deemed terminated and revoke d and the new owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a vacation rental. The STR permit shall include a non-transferability clause and notice that the permit shall be deemed terminated and revoked automatically upon the sale or change of ownership of the property for which a permit has been issued, as described herein. (b) Permit Types. STRs shall be eligible for one (1) of three (3) permit types: Short -term Rental Classic, Owner- Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The ability to obtain an STR permit is conditioned upon the permittees consent of the eligibility, requirements, and standards for each permit type as follows: (1) Short-term Rental Classic (STR-C). This permit is issued only to residential units located in eligible zones and the approved use of which is not a Lodge use. (Condo-hotel properties must apply for a Lodging- Exempt STR permit.) a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. b. STR-C permits are subject to the life-safety standards and the operational standards described in this Chapter and the STR Program Guidelines. c. There is no annual limit on the number of nights an STR-C permittee may operate the STR unit. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Occupancy for the unit is limited by the standards described in Section 26.530.050. (2) Owner-occupied Short-term Rental (STR-OO). This permit is issued only to owner-occupied residential units, where the property is the primary residence of the permittee. Part 700 of this Title describes the zone districts where STRs are a permitted use. 120 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 4 of 13 a. STR-OO rental permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. b. STR-OO are subject to the life-safety standards for STRs described in this Chapter and the Program Guidelines, and who must have two (2) of the following valid documents indicating that the STR is the applicant's primary residence: i. valid Colorado driver's license; ii. valid motor vehicle registration; iii. voter registration; iv. Federal or state tax return; or v. other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. (3) Lodging Exempt Short-term Rental (STR-LE). Lodges and condo-hotels which meet the definition of Lodge are eligible for STR-LE permits. a. For eligible properties, only one (1) permit is required for all units under management. b. In addition to the limitations of the definition of Lodge and/or Condo -hotel, Lodging Exempt eligible properties must offer STR units under a unified brand and marketing model where individual ownership of units is secondary to the central brand of the pr operty. c. Lodging Exempt permittees must submit an affidavit attesting to their eligibility. d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.0780, Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210. (4) Temporary Short-term Rental (STR-T). An STR-T permit may be issued to a residential unit in eligible zones for the sole purpose of allowing a new property owner to honor booking reservations made by the previous owner that post-date the sale of the property. a. STR-T permits are valid for a maximum of ninety (90) days from the date of issuance and are not eligible for renewal after the permit expiration date. b. STR-T permits are assessed a one-time administrative permit fee in accordance with Section 26.530.080, Fees. c. STR-T permit applications must be submitted within fifteen (15) days from the date of transfer of property ownership. Proof of purchase or ownership transfer is a required submission with each STR-T permit application. All existing short-term rental reservations made prior to the property sale must be declared on an application for a STR-T permit. d. STR-T permits are subject to public notice requirements in Section 26.304.060(e)(3)b. Manner of Notice. Proof of notice is a required submission with the STR-T permit application. A waiting period during the posted notice and prior to permit issuance is not required. e. STR-T permits are subject to the life-safety and operational standards described in this Chapter and the STR Program Guidelines. f. STR-T permittees may not accept any new STR bookings for the duration of the STR-T permit. g. Advertising short-term rentals at an STR-T property is not permitted. All pre-existing short-term rental advertisements for the STR-T property must be deactivated, removed, or otherwise made unavailable to prospective customers for the duration of the STR-T permit. 121 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 5 of 13 h. Failure to comply with the STR-T permit requirements is a violation of the municipal code and subject to fines and penalties as stated in 26.530.070 Enforcement. (c) Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STR is not a permitted use, it is a prohibited use. (1) STR-C permits are limited by number in specific zone districts as follows: a. RR: Two (2) permits; b. R-3: One (1) permit; c. R-6: Eighty-one (81) permits; d. R-15: Forty-seven (47) permits; e. R-15A: Eight (8) permits; f. R-15B: Twelve (12) permits; g. R-30: One (1) permit; h. R/MF: One hundred ninety (190) permits; i. R/MFA: Twelve (12) permits; j. AH: Nine (9) permits; k. MU: Thirty-nine (39) permits; l. NC: One (1) permit; m. SCI: Two (2) permits; n. SKI: Two (2) permits. (2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1), Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LP), Lodge Preservation Overlay (LO). (3) STR-OO are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted use. (4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted or prohibited use. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.040. Permit procedures and standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. (a) Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which they are located. STR permit applications shall include the Parcel Identification Number and residential address including unit number for the property to ensure compliance with underlying zoning. Zone district STR regulations, including permitted uses and cap limitations, may change over time per City 122 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 6 of 13 Council action. Possession of an STR permit does not supersede compliance with zone district STR regulations. (b) Life-safety Compliance and Inspection. (1) Required Noticing. All new STR-C and STR-OO applicantstions for properties located in zone districts with caps on the number of permits shall comply with neighborhood noticing requirements per Section 26.304.060(e)(3)b.—c., Manner of Notice. New STR-C and STR-OO applications for properties located in zone districts without caps on the number of permits shall comply with neighborhood noticing requirements per Section 26.304.060.E.3.b, Manner of Notice. All STR-T applications shall comply with neighborhood noticing requirements per section Section 26.304.060.E.3.b, Manner of Notice. STR-LE applications are exempt from this provision. (2) Inspections. By signing and submitting an STR permit application, and subsequently being granted a permit, the owner(s) of the property shall consent to inspections of the property by City of Aspen personnel and their agents for the purpose of determining compliance with City Codes, Regulations and Laws. No inspection will be made without first giving the permittee and, if applicable, the qualified owner's representative, forty-eight (48) hours' notice of the inspection. (3) Life-Safety. STRs are required to comply with all applicable life -safety standards in Municipal Code Title 8 and the STR Program Guidelines, as amended from time to time. Life-safety standards including: fire suppression, occupancy limitations, mechanical codes, emerg ency contacts and procedures, and inspections. (c) Qualified Owner's Representative. Permittees who cannot meet requirement for regulatory compliance, in-person service, emergency response and other regulations in this title may designate a qualified owner's representative. A qualified owner's representative shall be a natural person resi ding in the Roaring Fork River Drainage area situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage area from and including the unincorporated No Name area to and including Rifle. The qualified owner's representative is designated by the permittee who is the property owner as the point of contact for the permitted STR. For permittees that designate a qualified owner's representative, the qualified owner's representative shall be r esponsible for responding to tenant and City inquiries, complaints, enforcement actions, and other on -site needs. (1) If a qualified owner's representative is designated for an STR, the qualified owner's representative must have a City of Aspen business license. The qualified owner's representative shall be listed on the STR permit for the property including the qualified owner's representative's name, entity or company name, telephone number, email address, and physical address. (2) STR permittees who designate a qualified owner's representative are liable for compliance with applicable Land Use Code and Municipal Code regulations. The qualified owner's representative is not legally liable for violations of this Section or compliance with applicable Municipal Code regulations but is responsible for notifying the permittee when a violation has occurred. (3) The name, address, and telephone number(s) of the qualified owner's representative, as shown on the STR permit, shall be made available to the Community Development Department, the Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified owner's representative or permittees' contact information shall be promptly furnished to the City of Aspen via a revised STR permit application within ten (10) days. Failure of the permittee to provide or update the qualified owner's representative contact information to the City shall constitute an enforcement violation subject to actions and penalties as described in Section 26.530.0670, Enforcement. (4) The permittee, or if designated, the qualified owner's representative, shall be available twenty - four (24) hours a day, year-round to ensure that the property is maintained and operated as 123 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 7 of 13 required by Land Use Code standards and the STR Program Guidelines. The permittee, or if designated, the qualified owner's representative, shall respond to service or compliance inquiries from occupants and City officials, and shall be available to be at the property within two (2) hours in an emergency. Failure of the permittee, or if designated, the qualified owner's representative, to respond to a call from a tenant or the Community Development Director within twenty -four (24) hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.0670, Enforcement, against the permittee. (d) Permit application, fees, issuance, renewal, revocation, and abandonment. (1) Application. Permit applications shall be received and processed on a first-come, first-served basis. The Community Development Director shall deem applications complete based on the requirements of this Chapter and the standards in the STR Program Guidelines. Only complete STR permit applications shall be accepted and reviewed. An application shall only be complete when all information, tasks, and administrative fee payments required for the application type have been submitted by the applicant and received by the City of Aspen. (2) Fee payment. Permit fees shall be remitted at the time of permit application and cover the cost of processing the application. Application fees are nonrefundablenon-refundable. (3) Neighborhood noticing. Upon application for a new STR-C or STR-OO permit, for a property located in a zone district with a cap on the number of allowable permits, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060(e)(3)b.—c. Manner of Notice. Upon application for a new STR-C or STR-OO permit for a property located in an zone district without a cap on the number of allowable permits, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060.E.3.b, Manner of Notice. Upon submission of an STR-T application, the applicant shall comply with neighborhood noticing requirements in Section 26.304.060.E.3.b, Manner of Notice. Annual STR permit Permit renewals do not require neighborhood noticing. Permits shall be approved, approved with conditions, or denied following the notice period. STR-LE are exempt from this provision. (4) HOA compliance. Permit New STR permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application. Annual STR permit renewals do not require an updated HOA approval letter. Permittees shall notify the City of Aspen if any HOA permissions change regarding short-term rentals at any point during the life of an issued permit. (5) Issuance. Permits shall be approved, approved with conditions, or denied within twenty -one (21) working days of the closure of the notice period described above. The Community Development Director may issue permits with conditions based on review of the permit application and public comment. The review and issuance period for individual permit applications may be extended at the direction of the Community Development Director. (6) Waitlist. Once the permit limit is reached for each zone district, applicants will be placed on a waitlist for the next available permit in the order in which the application was received. A waitlist applicant shall be a natural person. The residential address included in the waitlist application must match the residential address for which the subsequent permit is issued. Applicants who sell the property for which the permit is sought shall be removed from the waitlist. As permits become available, waitlist applications shall be reviewed and approved, approved with conditions, or denied. If the property has been found in violation of this Chapter during the waitlist period, the application shall be denied. 124 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 8 of 13 (7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR Program Guidelines. Only complete STR permit renewal applications will be accepted for annual STR permit renewal. An application shall be complete when all information, tasks, and administrative fee payments required for the application type have been submitted by the applicant and received by the City of Aspen. Failure to renew a permit within fourteen days (14) of the permit expiration date shall result in the abandonment of the permit. STR-T permits are not eligible for renewal and expire automatically upon the expiration date of the permit. (8) Tax filing. STRs must be occupied by a short-term renter a minimum of once per year, as shown in tax filings, to be eligible for renewal. Permits with one (1) year of zero tax filings from the date of permit issuance or renewal will be considered abandoned and be processed in accordance with the standards in this Chapter. STRs that obtain active building permits may be eligible for a one-time exemption from the Tax Filing requirement. STR-permitted properties that experience an “act of nature” emergency that renders the property uninhabitable may also be eligible for an exemption from the Tax Filing requirement. (i) Building Permit Exemptions. STR permittees may apply for a one-time permit renewal exemption if the STR property is under construction. To apply for a building permit exemption, the permittee must notify the Community Development Director in writing within 14 days of the date of issuance of the building permit. Building permit exemptions are granted at the discretion of the Community Development Director with proof of a valid building permit. (ii) Act of Nature Exemptions. STR permittees may apply for a permit renewal exemption due to an “act of nature” that renders the property uninhabitable. To apply for an act of nature exemption, the permittee must notify the Community Development Director in writing that the STR property has experienced an act of nature within 30 days of the incident. An “act of nature” is defined as “an accident or other natural event caused without human intervention that could not be prevented by reasonable foresight or care.” Example acts of nature include forest fires, floods, landslides, or other unforeseen natural events. Act of nature exemptions are granted at the discretion of the Community Development Director with sufficient proof of uninhabitability. (9) Abandonment. STR-C and STR-OO permits shall be valid for one (1) year from the date of issuance and shall be renewed annually. Failure to renew a permit in accordance with the STR Program Guidelines will result in the abandonment of the permit. STR permits may be aban doned by permittees at any time by notifying the Community Development Director of the intent to abandon the permit. Abandoned permits will be made available to the next applicant on a first - come, first-served basis or the next applicant on the waitlist for that zone district in accordance with the STR Program Guidelines. STR-LE are exempt from this provision. (10) Revocation. STR permits may be revoked by the Community Development Director for any of the following reasons: three (3) violations of the requirements of this Chapter and applicable Municipal Code standards as described in the STR Program Guidelines, failure to rent the property during the term of the permit, failure to pay STR taxes and fees, or violations of the requirements of this Section. (Ord. No. 9-2022, § 4, 6-28-2022) 125 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 9 of 13 Sec. 26.530.050. Occupancy and operational standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. (a) Occupancy limits and unit size. STRs arc limited to a total occupancy of two (2) occupants per bedroom plus two (2) additional occupants, studios are limited to a total occupancy of two (2) occupants plus one (1) additional occupant. Permit applications are required to list the number o f bedrooms in the unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit application and for compliance with these occupancy requirements. For the purpose of establishing unit occupancy, a studio shall have an occupancy of two (2) occupants plus one (1) additional occupant. Occupancy for each STR shall be included in all STR advertising, the in-unit messaging, and permit on display in each permitted STR. Bedrooms, lock-offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. (b) Annual rental night limits. STR-OO are limited to one hundred twenty (120) short-term rental nights per year from the date of permit issuance. There is no annual limit on the number of nights per year an STR-C can be rented. There is no annual limit on the number of nights per year an STR-LE can be rented. (c) Good neighbor guide. STRs are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community and supporting the maintenance of community character and values. STR owners and permittees are required to assist STR occupants in being 'good neighbors' by recognizing their obligation to following the rules and customs of the community. To support these community goals, the Community Development Department maintains the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non - governmental organizations to promote good neighbor behavior by visitors. (1) STR-C and STR-OO permittees, and if designated, their qualified owner's representatives must comply with the policies described in the City of Aspen Good Neighbor Guide and provide that information at all times to occupants of the unit. (2) In-unit messaging is essential to assisting STR occupants in supporting the City's good neighbor policies, ensuring STRs in neighborhoods support community character, and assisting in the promotion of Aspen's community character. The following notices shall be posted in a conspicuous location inside the rental unit: i. A copy of the STR-C or STR-OO permit; ii. STR license and business number; iii. The name, address, and telephone number(s) of the permittee or qualified owner's representative; iv. A statement which reads: Occupants shall comply with the City's Noise Ordinance; v. The location of the required parking spaces; vi. Wildlife protection policy; vii. The location of the fire extinguisher; viii. Information on the trash, recycling, and composting programs including: a. Solid waste pickup schedules; b. Guidelines on living with wildlife and instructions for operating wildlife containers; and 126 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 10 of 13 c. A notice that trash and recycling containers must be stored indoors except between 6:00 a.m. and 6:00 p.m. on the day of scheduled trash or recycling pickup, where they may be placed at the curbside or in alleys; ix. City of Aspen emergency services information and contact information; x. The City of Aspen's Good Neighbor Guide. (d) Adoption of and compliance with STR program guidelines. The City Council hereby adopts the Short- term Rental Program Guidelines. The Community Development Department shall keep on file and make available to STR permittees, and if applicable, qualified owner's representatives. These guidelines set forth the standards, procedures, and supplemental information necessary for the operation of an STR within the City of Aspen. The Community Development Director may use the guidelines as a basis for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be updated, amended, and expanded from time to time by City Council Resolution. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.060. STR Advertising Requirements. STR permittees shall be responsible for ensuring any advertisements for the STR property are in compliance with this Chapter. Short-term rental services shall be responsible for ensuring all advertisements of STR properties within the City of Aspen that are listed throughout their platforms comply with the advertising requirements in this Chapter. Following the issuance of an STR permit, the permittee and all short-term rental services will be reviewed for compliance with the following standards. (a) Permittee Advertising Requirements. STR owners, permittees, and/or their representatives shall ensure that any advertisements of the STR property show the valid City of Aspen STR permit number and maximum occupancy for the property in all listings that advertise short-term rentals of the property. (1) The STR permit number for the property, as found on the valid City of Aspen STR permit issued to the property owner, must always be visible on any STR advertisement. The permittee shall enter the permit number in the advertisement title, the advertisement description, or the designated permit number field of the advertisement. (2) Maximum occupancy for the property, as found on a valid City of Aspen STR permit issued to the property owner, must always be visible on any STR advertisement. The permittee shall enter the maximum occupancy in the advertisement title, the advertisement description, or the designated occupancy field of the advertisement. (3) Permittees that are on a waitlist for an STR-C permit shall not advertise for short-term rentals of the property unless they hold a valid STR-OO or STR-LE permit. (4) STR-T permittees shall not advertise short-term rentals of the property for the duration of the STR- T permit. (5) STR advertisements where the maximum occupancy is missing, the STR permit number is invalid or expired, where the STR permit has been revoked, or where the property has a valid STR-T permit or is on a waitlist for STR permit, are subject to enforcement and penalties pursuant to 26.530.070.(b) Enforcement and Penalties, including revocation of the existing STR permit and/or the inability to obtain an STR permit in the future if the property is found to be advertised for short-term rentals while the property is on a waitlist for STR permit or has a valid STR-T permit. (b) Short-term Rental Service Advertising Requirements. 127 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 11 of 13 Pursuant to CRS 30-150-401(1)(s)(III), all short-term rental services that display short-term rental advertisements for properties in the City of Aspen shall require that each permittee or their representatives using the short-term rental service include a valid STR permit number issued by the City of Aspen to the property owner in any advertisement for a short-term rental on the short-term rental service platform. (1) A short-term rental service displaying advertisements for STR properties in the City of Aspen shall require that the STR property owner, permittee, or their representative include a valid STR permit number issued by the City of Aspen and the maximum occupancy for the STR property in each advertisement on the short-term rental service platform. (2) A short-term rental service shall remove any STR advertisement from the platform after receiving notification by City of Aspen that the STR permit number associated with the listing is missing, invalid, or expired, or that the STR permit associated with the property has been revoked, or that the City of Aspen has a prohibition on STRs that applies to the property in the advertisement, or that the maximum occupancy for the STR unit is missing, invalid, or expired. The notification shall include the advertisement URL, the reason that removal of the advertisement is required, and any other identifying information available to the City of Aspen. The short-term rental service shall remove the advertisement from the platform within fourteen (14) days of receiving the notification from the City of Aspen. (3) A short-term rental service that fails to remove a STR advertisement from the platform within fifteen (15) or more days of receiving a removal notification from the City of Aspen shall be subject to enforcement and penalties pursuant to 26.530.070(b) Enforcement and Penalties. Sec. 26.530.0760. Enforcement. The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. STR permittee, and if applicable, qualified owner's representative, play an essential role in supporting and advancing these policies and supporting the City's enforcement activities. (a) Falsifying Information. Falsifying information on an STR permit application or any related document is a violation of Municipal Code and subject to Penalties. (b) Complaints. Any valid complaint received regarding the STR property will first be referred to the permittee, and if applicable, qualified owner's representative for response and correction. The Community Development Director will follow up with any complaining party, the permittee, and if applicable, qualified owner's representative, for compliance or resolution. The permittee or qualified owner's representative must respond to all complaints or inquiries from City officials within twenty - four (24) hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for complaints against a HOA, hotel, or condo-hotel's own guidelines outside of the City's code, rules and regulations. Failure to respond within twenty -four (24) hours shall result in a notice of violation and demand to cure. All valid complaints will be recorded and kept on -file including the address, permittee, permit number, business license number associated with the complaint, and the complainer's name and contact information. (bc) Enforcement and Penalties. Upon receipt of a compliantcomplaint, the Community Development Department shall investigate and if it is determined there are grounds to believe a violation of this Chapter or any STR rules and regulations may have occurred, the Community Development Director may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STR permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1) year permit cycle, effective upon mailing notice to the permittee's address on file. The permittee may 128 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 12 of 13 appeal the decision to revoke the STR permit by providing notice of appeal to the Community Development Director within fourteen (14) days of the date of the decision to revoke the permit. The Administrative Hearing Officer shall hear appeals brought pursu ant to this subsection (b). Appeals shall be governed by the procedures set forth in Section 26.316.030. (1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five hundred dollars ($500.00). Each day of any violation of this Section shall constitute a separate offense. (2) Civil Remedies. a. The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by v iolation of this Title. b. In addition to the penalties and remedies set forth herein, an STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of this Title by the permittee of the property subject to the permit within the one (1) year. c. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together wit h a ten (10) percent penalty for costs of collection. Any lien placed against the property pursuant to this Chapter shall be recorded with the Pitkin County clerk and recorder. (Ord. No. 9-2022, § 4, 6-28-2022) Sec. 26.530.0870. Fees. STR permits are assessed an annual fee per unit, remitted at the time of permit application, in accordance with the following table. Annual Administrative Fee STR-Classic: $394.00 STR-Owner-occupied: $394.00 STR-Temporary: $394.00 STR-Lodging Exempt: $148.00/unit Table I: Fee Schedule (Ord. No. 9-2022, § 4, 6-28-2022) 129 D R A F T Created: 2025-07-23 07:02:07 [EST] (Supp. No. 6, Update 2) Page 13 of 13 Sec. 26.530.0980. Appeals. Permittees may appeal decisions made by the Community Development Director in the enforcement of this Chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020(d). Appeals shall be processed in accordance with Section 26.316.030. (Ord. No. 9-2022, § 4, 6-28-2022) 130 131 132 133 134 ORDINANCE NO.09 Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE VACATION RENTAL REGULATIONS IN THE CITY OF ASPEN LAND USE CODE. WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and, WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and, WHEREAS, Aspen is a tourists destination, attracting tens of thousands of visitors a year in all seasons, visitors which require transient tourist accommodations and participate in and support Aspen's tourist economy; and, WHEREAS, a variety of tourist accommodations at varied sizes, quality, and price points is essential to supporting the City's tourist economy; and, WHEREAS, a tourist -based economy such as the City's requires a sufficient number of employees to provide the services required to serve such an economy. Without adequate workforce housing, a tourist -based economy cannot thrive; and, WHEREAS, to allow for a sufficient number of employees to be hired to provide the services necessary to sustain a tourist -based economy there must be an adequate supply of workforce housing; and, WHEREAS, historically, the long-term rental of residential property, or at least the long-term rental of space within a residential property, has been an important means for providing workforce housing within the City; and, WHEREAS, in addition to the required workforce housing, it is also essential to the continued vitality of the City's economy that adequate short-term housing be made available to the many tourists who visit the City each year; and, WHEREAS, short-term rentals are extremely valuable to the City's economy and exist in various locations throughout the City; and, WHEREAS, the operation of a short-term rental in the City is the operation of a business; and, Ordinance #09, Series of 2022 Short-term Rentals Page 1 of 14 135 WHEREAS, without regulations and limitations on their operation and extent, short- term rentals also have adverse impacts on the character of residential neighborhoods and the availability of long-term housing options; and, WHEREAS, tourists visitation, the operation of tourist accommodations, the goods and services demanded by tourists, and the transportation systems required to move tourist to and throughout the community have environmental impacts, measured as Greenhouse Gas Emissions; and, WHEREAS, in keeping with the goal of the City's Comprehensive Plan to preserve small town character while maintaining livability, the City desires to minimize the negative impacts of short-term rentals on Aspen's neighborhoods, housing supply, economy, and environment; and, WHEREAS, during the moratorium, adopted Ordinance No. 26, Series of 2021, City staff engaged in a robust public engagement process which included two online surveys regarding community perception of short-term rentals and feelings toward specific regulations; an open house at City Hall which included story boards and an opportunity for feedback; a public work session to discuss the online survey results and expand further into certain topic areas; and research into how other municipalities in Colorado regulate short-term rentals; and, WHEREAS, the Planning and Zoning Commission received and considered the information gathered through the public engagement process, as well as comments from the public, during a Meeting held on May 170', 2022, and voted 4 to 0 to recommend approval of Ordinance #09, Series of 2022 to City Council; and, WHEREAS, on December 12, 2021, City Council adopted Ordinance No. 26, Series of 2021 enacting a temporary moratorium in the issuance of new short-term rental permits until September 30, 2022; and, WHEREAS, at a regular meeting on May 24, 2022, City Council by a 5 to 0 vote, approved Ordinance #09, Series of 2022, approving at First Reading a Code Amendment to Vacation Rental Regulations; and, WHEREAS, at a regular meeting and properly noticed public hearing on June 28th, City Council by a 5 to 0 vote, approved Ordinance #09, Series of 2022 on Second Reading; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Section 26.104.100 "Definitions shall" be amended as follows: Ordinance #09, Series of 2022 Short-term Rentals Page 2 of 14 136 Condo -hotel. A condo -hotel is a lodging property which meets the definition of Lodge in 26.104.110, Use Categories and in which ownership of individual lodge units has been condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38-33- 101, et. seq. Hotel. See definition of Lodge, 26.104.110 Use Categories. Motel. See definition of Lodge, 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a "legal person" for the purpose of assigning certain legal rights. Owner Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner Occupant. For the purposes of permitting specific types of short-term rentals, owner - occupant is a natural person whose principal residence is the City of Aspen residential property or unit for which a short-term rental permit is sought. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/units per bedroom in a short-term rental. Each lodge and short-term rental unit shall be considered to have two pillows for each bedroom. For calculating occupancy in short-term rentals, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered as two pillows. Studio units shall be considered to have two pillows. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an Owner- Occupied Short-term Rental Permit holder. Qualified Owner's Representative. A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen Short-term Rental Permit. For each short-term rental property, there may be only one qualified owner's representative. All qualified owner's representatives must have a business license through the City of Aspen. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not short-term rental uses. Vacation Rental. See short-term rental. Section 2. Valid 2021-2022 Permits. 2021 Vacation Rental Permits (2021 VRP) issued pursuant to Section 26.575.020 "Vacation Rentals" on or prior to December 8th, 2021, shall be deemed to be valid 2022 STR Permits and shall be valid until December 31, 2022. Valid 2022 permits may be renewed annually thereafter, subject to the terms and conditions set forth in this chapter until they are abandoned or revoked in accordance with this chapter. Valid 2022 permits which are Ordinance #09, Series of 2022 Short-term Rentals Page 3 of 14 137 renewed after December 31, 2022, may not be transferred to owners or properties other than that listed on the 2022 STR permit. Upon renewal, 2022 STR permits issued to a corporation, partnership, association, or company must update the permit application information to comply with the requirements of Chapter 26.530. The number of Short-term Rental -Classic (STR-C) permits as of January 1, 2023, may exceed the cap for zone districts, as defined in Chapter 26.530, until such time as they are revoked, abandoned, or otherwise eliminated. Owner - occupied Short-term Rental Permits and Lodging Exempt Short-term Rental Permits may be issued with the requirements of Chapter 26.530 beginning October 1, 2022. Section 3. Section 26.575.220 "Vacation Rentals" shall be deleted in its entirety. Section 4. Chapter 26.530 "Reserved" shall be deleted in its entirety and replaced with the following: Chapter 26.530 Short-term Rental Regulations Sec.26.530.010 Purpose Sec.26.530.020 Applicability Sec. 26.530.030 Permitting Requirements Sec. 26.530.040 Permitting Procedures and Standards Sec. 26.530.050 Occupancy and Operational Standards Sec.26.530.060 Enforcement Sec.26.530.070 Fees Sec.26.530.080 Appeals 26.530.010 Purpose The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen. STRs are an important component of the City's lodging bed base, support a vibrant tourist economy, and provide real property owners with STR permits significant financial benefit. STRs influence property value and occupancy patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging uses in residential neighborhoods. STRs require services and infrastructure to operate. STRs further reduce the potential availability of long-term rental housing to support the local economy and community. STRs require regulation as a distinct land use to ensure the health, safety, peace, and welfare of the community through the application of zoning police powers. The following regulations support the operation of STRs balanced with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan. 26.530.020 Applicability A. This chapter applies to all STRs in the City of Aspen. STRs are required to obtain a permit in accordance with their type and operation as defined in this section. STRs operating without a permit are subject to enforcement as defined in Section 26.530.060 Enforcement. Ordinance #09, Series of 2022 Short-term Rentals Page 4 of 14 138 B. It shall be unlawful for any person, whether a principal or agent, clerk, or employee, either for him or herself, or for any other person for anybody, corporation or otherwise, to lease or operate an STR without first obtaining an STR permit in accordance with the provisions and procedures of this section. 26.530.030 Permitting Requirements A. Permits. Any property rented as an STR shall require a permit to operate. Permits shall be approved, approved with conditions, or denied by the Community Development Director based on the following criteria: 1) Permittee. Permits shall only be issued in the name of one natural person who has an ownership interest in the property for which the permit is issued ("Permittee"). 2) Permit Number. STR permits are issued a unique permit number. That permit number shall be clearly displayed in all advertising and listings of the STR, including but not limited to all digital and print advertising. The permit number must be listed in the STR, along with permittee and/or qualified owner's representative and emergency contact information as part of the in -unit Community Messaging Program described in the STR Program Guidelines. 3) Permit Application Contents. The following information is required for STR permit applications: the owner(s) of the property, the name and contact information of the proposed permittee; if title to the subject property is held by a corporation, partnership, association, or company, the name and contact information of any officer, director or stockholder holding ten percent (10%) or more of the interests in the corporation, partnership, association, or company; the property address, Pitkin County parcel identification number; Pitkin County owner name; number of bedrooms and pillows in the unit in its largest configuration; size of heated area of the STR residence, and all previous notices of code violations or complaints filed against the property. 4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit lodging and sales tax in accordance with Municipal Code regulations and Finance department policies. The STR- Program Guidelines include details about licensing and tax compliance standards and procedures. 5) Non -Transferability. Commencing October 1, 2022, STR permits shall be granted only for the property for which it is issued and solely to the permittee to whom it is issued. The permit shall not be transferable to any other person, legal entity, or residential address. If the property is owned by a partnership, corporation, association or company, a transfer shall be deemed to occur if the permittee transfers his or her interest in the property to a third -party individual or entity or if more than ten percent (10%) of the partnership, corporation, association, or company is transferred to a third -party individual or entity, even if the permittee retains an ownership interest in the property. Upon such transfer of ownership, the permit shall be deemed terminated and revoked and the new Ordinance #09, Series of 2022 Short-term Rentals Page 5 of 14 139 owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a vacation rental. The STR permit shall include a non - transferability clause and notice that the permit shall be deemed terminated and revoked automatically upon the sale or change of ownership of the property for which a permit has been issued, as described herein. B. Permit Types. STRs shall be eligible for one of three permit types: Short-term Rental Classic, Owner -Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The ability to obtain an STR permit is conditioned upon the permittees consent of the eligibility, requirements, and standards for each permit type as follows: 1) Short-term Rental Classic (STR-C) — this permit is issued only to residential units located in eligible zones and the approved use of which is not a Lodge use. (Condo -hotel properties must apply for a Lodging -Exempt STR permit.) a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-C permits are subject to the life -safety standards and the operational standards described in this chapter and the STR Program Guidelines. c. There is no annual limit on the number of nights an STR-C permittee may operate the STR unit. Bedrooms, lock -offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Occupancy for the unit is limited by the standards described in Section 26.530.050. 2) Owner -occupied Short-term Rental (STR-00) — this permit is issued only to owner - occupied residential units, where the property is the primary residence of the permittee. Part 700 of this Title describes the zone districts where STRs are a permitted use. a. STR-00 rental permits shall be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. b. STR-00 are subject to the life -safety standards for STRs described in this chapter and the Program Guidelines, and who must have two (2) of the following valid documents indicating that the STR is the applicant's primary residence: i. valid Colorado driver's license; ii. valid motor vehicle registration; iii. voter registration; iv. Federal or state tax return; or, V. other legal documentation deemed sufficient by the Community Development Director which is pertinent toward establishing principal residence. 3) Lodging Exempt Short-term Rental (STR-LE) — Lodges and condo -hotels which meet the definition of Lodge are eligible for STR-LE permits. a. For eligible properties, only one permit is required for all units under management. b. In addition to the limitations of the definition of Lodge and/or Condo - hotel, Lodging Exempt eligible properties must offer STR units under a Ordinance #09, Series of 2022 Short-term Rentals Page 6 of 14 140 unified brand and marketing model where individual ownership of units is secondary to the central brand of the property. c. Lodging Exempt permittees must submit an affidavit attesting to their eligibility. d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance with Section 26.530.070 Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210. C. Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STR is not a permitted use, it is a prohibited use. 1) STR-C permits are limited by number in specific zone districts as follows: a. RR: 2 permits; b. R-3: 1 permit; c. R-6: 81 permits; d. R-15: 47 permits; e. R-15A: 8 permits; f. R-1513: 12 permits; g. R-30: 1 permit; h. R/MF: 190 permits; i. R/MFA: 12 permits; j. AH: 9 permits; k. MU: 39 permits; 1. NC: 1 permit; m. SCI: 2 permits; n. SKI: 2 permits. 2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1), Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LP), Lodge Preservation Overlay (LO). 3) STR-00 are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted use. 4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone districts where STR is a permitted or prohibited use. 26.530.040 Permit Procedures and Standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. A. Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which they are located. STR permit applications shall include the Parcel Identification Number and residential Ordinance #09, Series of 2022 Short-term Rentals Page 7 of 14 141 address including unit number for the property to ensure compliance with underlying zoning. Zone district STR regulations, including permitted uses and cap limitations, may change over time per City Council action. Possession of an STR permit does not supersede compliance with zone district STR regulations. B. Life -safety Compliance and Inspection. 1) Required Noticing. All new STR applicants shall comply with neighborhood noticing requirements per Section 26.304.060.E.3.b-c, Manner of Notice. 2) Inspections. By signing and submitting an STR permit application, and subsequently being granted a permit, the owner(s) of the property shall consent to inspections of the property by City of Aspen personnel and their agents for the purpose of determining compliance with City Codes, Regulations and Laws. No inspection will be made without first giving the permittee and, if applicable, the qualified owner's representative, 48 hours' notice of the inspection. 3) Life -Safety. STRs are required to comply with all applicable life -safety standards in Municipal Code Title 8 and the STR Program Guidelines, as amended from time to time. Life -safety standards including: fire suppression, occupancy limitations, mechanical codes, emergency contacts and procedures, and inspections. C. Qualified Owner's Representative. Permittees who cannot meet requirement for regulatory compliance, in -person service, emergency response and other regulations in this title may designate a qualified owner's representative. A qualified owner's representative shall be a natural person residing in the Roaring Fork River Drainage area situated in Eagle, Pitkin, Garfield or Gunnison Counties, or within the Colorado River Drainage area from and including the unincorporated No Name area to and including Rifle. The qualified owner's representative is designated by the permittee who is the property owner as the point of contact for the permitted STR. For permittees that designate a qualified owner's representative, the qualified owner's representative shall be responsible for responding to tenant and City inquiries, complaints, enforcement actions, and other on -site needs. 1) If a qualified owner's representative is designated for an STR, the qualified owner's representative must have a City of Aspen business license. The qualified owner's representative shall be listed on the STR permit for the property including the qualified owner's representative's name, entity or company name, telephone number, email address, and physical address. 2) STR permittees who designate a qualified owner's representative are liable for compliance with applicable Land Use Code and Municipal Code regulations. The qualified owner's representative is not legally liable for violations of this section or compliance with applicable Municipal Code regulations but is responsible for notifying the permittee when a violation has occurred. 3) The name, address, and telephone number(s) of the qualified owner's representative, as shown on the STR permit, shall be made available to the Community Development Ordinance #09, Series of 2022 Short-term Rentals Page 8 of 14 142 Department, the Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified owner's representative or permittees' contact information shall be promptly furnished to the City of Aspen via a revised STR permit application within ten 10) days. Failure of the permittee to provide or update the qualified owner's representative contact information to the City shall constitute an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement. 4) The permittee, or if designated, the qualified owner's representative, shall be available 24 hours a day, year-round to ensure that the property is maintained and operated as required by Land Use Code standards and the STR Program Guidelines. The permittee, or if designated, the qualified owner's representative, shall respond to service or compliance inquiries from occupants and City officials, and shall be available to be at the property within two (2) hours in an emergency. Failure of the permittee, or if designated, the qualified owner's representative, to respond to a call from a tenant or the Community Development Director within 24 hours shall result in an enforcement violation subject to actions and penalties as described in Section 26.530.070 Enforcement against the permittee. D. Permit Application, Fees, Issuance, Renewal, Revocation, and Abandonment. 1) Application. Permit applications shall be received and processed on a first come, first served basis. The Community Development Director shall deem applications complete based on the requirements of this Chapter and the standards in the STR Program Guidelines. Only complete STR permit applications shall be accepted and reviewed. 2) Fee Payment. Permit fees shall be remitted at the time of permit application and cover the cost of processing the application. Application fees are nonrefundable. 3) Neighborhood Noticing. Upon application for a new STR-C or STR-00 permit, the applicant shall provide neighborhood noticing in accordance with Section 26.304.060.E.3.b- c. Manner of Notice. Permit renewals do not require neighborhood noticing. Permits shall be approved, approved with conditions, or denied following the notice period. STR-LE are exempt from this provision. 4) HOA Compliance. Permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application. 5) Issuance. Permits shall be approved, approved with conditions, or denied within 21 working days of the closure of the notice period described above. The Community Development Director may issue permits with conditions based on review of the permit application and public comment. The review and issuance period for individual permit applications may be extended at the direction of the Community Development Director. 6) Waitlist. Once the permit limit is reached for each zone district, applicants will be placed on a waitlist for the next available permit in the order in which the application was received. Ordinance #09, Series of 2022 Short-term Rentals Page 9 of 14 143 A waitlist applicant shall be a natural person. The residential address included in the waitlist application must match the residential address for which the subsequent permit is issued. Applicants who sell the property for which the permit is sought shall be removed from the waitlist. As permits become available, waitlist applications shall be reviewed and approved, approved with conditions, or denied. If the property has been found in violation of this Chapter during the waitlist period, the application shall be denied. 7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR Program Guidelines. Failure to renew a permit within fourteen days (14) of the permit expiration date shall result in the abandonment of the permit. 8) Tax Filing. STRs must be occupied by a short-term renter a minimum of once per year, as shown in tax filings to be eligible for renewal. Permits with one year of zero tax filings from the date of permit issuance or renewal will be considered abandoned and be processed in accordance with the standards in this chapter. 9) Abandonment. STR-C and STR-00 permits shall be valid for one year from the date of issuance and shall be renewed annually. Failure to renew a permit in accordance with the STR Program Guidelines will result in the abandonment of the permit. STR permits may be abandoned by perrnittees at any time by notifying the Community Development Director of the intent to abandon the permit. Abandoned permits will be made available to the next applicant on a first -come, first -served basis or the next applicant on the waitlist for that zone district in accordance with the STR Program Guidelines. STR-LE are exempt from this provision. 10) Revocation. STR permits may be revoked by the Community Development Director for any of the following reasons: three violations of the requirements of this chapter and applicable Municipal Code standards as described in the STR Program Guidelines, failure to rent the property during the term of the permit, failure to pay STR taxes and fees, or violations of the requirements of this section. 26.530.050 Occupancy and Operational Standards. Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the following standards. A. Occupancy Limits and Unit Size. STRs are limited to a total occupancy of two occupants per bedroom plus two additional occupants, studios are limited to a total occupancy of two occupants plus one additional occupant. Permit applications are required to list the number of bedrooms in the unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit application and for compliance with these occupancy requirements. For the purpose of establishing unit occupancy, a studio shall have an occupancy of two occupants plus one additional occupant. Occupancy for each STR shall be included in all STR advertising, the in - unit messaging, and permit on display in each permitted STR. Bedrooms, lock -offs, or portions of the residential unit, in addition to the whole residential unit, may be rented. Ordinance #09, Series of 2022 Short-term Rentals Page 10 of 14 144 B. Annual Rental Night Limits. STR-00 are limited to 120 short-term rental nights per year from the date of permit issuance. There is no annual limit on the number of nights per year an STR-C can be rented. There is no annual limit on the number of nights per year an STR-LE can be rented. C. Good Neighbor Guide. STRs are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community and supporting the maintenance of community character and values. STR owners and permittees are required to assist STR occupants in being `good neighbors' by recognizing their obligation to following the rules and customs of the community. To support these community goals, the Community Development Department maintains the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non -governmental organizations to promote good neighbor behavior by visitors. 1) STR-C and STR-00 permittees, and if designated, their qualified owner's representatives must comply with the policies described in the City of Aspen Good Neighbor Guide and provide that information at all times to occupants of the unit. 2) In -unit messaging is essential to assisting STR occupants in supporting the City's good neighbor policies, ensuring STRs in neighborhoods support community character, and assisting in the promotion of Aspen's community character. The following notices shall be posted in a conspicuous location inside the rental unit: i. A copy of the STR-C or STR-00 permit, ii. STR license and business number, iii. The name, address, and telephone number(s) of the permittee or qualified owner's representative, iv. A statement which reads: Occupants shall comply with the City's Noise Ordinance, V. The location of the required parking spaces, vi. Wildlife protection policy, vii. The location of the fire extinguisher, viii. Information on the trash, recycling, and composting programs including: a. Solid waste pickup schedules; b. Guidelines on living with wildlife and instructions for operating wildlife containers; and c. A notice that trash and recycling containers must be stored indoors except between 6:00 AM and 6:00 PM on the day of scheduled trash or recycling pickup, where they may be placed at the curbside or in alleys. ix. City of Aspen emergency services information and contact information, X. The City of Aspen's Good Neighbor Guide D. Adoption of and Compliance with STR Program Guidelines. The City Council hereby adopts the Short-term Rental Program Guidelines. The Community Development Department shall keep on file and make available to STR permittees, and if applicable, qualified owner's representatives. These guidelines set forth the standards, procedures, and supplemental information necessary for the operation of an STR within the City of Aspen. The Ordinance #09, Series of 2022 Short-term Rentals Page 11 of 14 145 Community Development Director may use the guidelines as a basis for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be updated, amended, and expanded from time to time by City Council Resolution. 26.530.060 Enforcement. The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. STR permittee, and if applicable, qualified owner's representative, play an essential role in supporting and advancing these policies and supporting the City's enforcement activities. A. Complaints. Any valid complaint received regarding the STR property will first be referred to the permittee, and if applicable, qualified owner's representative for response and correction. The Community Development Director will follow up with any complaining party, the permittee, and if applicable, qualified owner's representative, for compliance or resolution. The permittee or qualified owner's representative must respond to all complaints or inquiries from City officials within 24 hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for complaints against a HOA, hotel, or condo-hotel's own guidelines outside of the City's code, rules and regulations. Failure to respond within 24 hours shall result in a notice of violation and demand to cure. All valid complaints will be recorded and kept on -file including the address, permittee, permit number, business license number associated with the complaint, and the complainer's name and contact information. B. Enforcement and Penalties. Upon receipt of a compliant, the Community Development Department shall investigate and if it is determined there are grounds to believe a violation of this Chapter or any STR rules and regulations may have occurred, the Community Development Director may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STR permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1) year permit cycle, effective upon mailing notice to the permittee's address on file. The permittee may appeal the decision to revoke the STR permit by providing notice of appeal to the Community Development Director within fourteen (14) days of the date of the decision to revoke the permit. The Administrative Hearing Officer shall hear appeals brought pursuant to this section (B). Appeals shall be governed by the procedures set forth in Section 26.316.030. 1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five -hundred dollars ($500). Each day of any violation of this section shall constitute a separate offense. 2) Civil Remedies. Ordinance #09, Series of 2022 Short-term Rentals Page 12 of 14 146 a. The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of this Title. b. In addition to the penalties and remedies set forth herein, an STR permit shall be automatically revoked by the Community Development Director upon the third conviction of a violation of this Title by the permittee of the property subject to the permit within the one (1) year. C. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a ten percent penalty for costs of collection. Any lien placed against the property pursuant to this Chapter shall be recorded with the Pitkin County clerk and recorder. 26.530.070 Fees. STR permits are assessed an annual fee per unit, remitted at the time of permit application, in accordance with the following table. Annual Administrative Fee STR-Classic: $394 STR-Owner-occupied: $394 STR-Lodaing Exempt: $148/unit Table 1: Fee Schedule 26.530.080 Appeals. Permittees may appeal decisions made by the Community Development Director in the enforcement of this chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020.D. Appeals shall be processed in accordance with Section 26.316.030. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 20 day of May 2022. ATTEST: Nicole Henning, City Cler 794ee= Torre, Mayor Ordinance #09, Series of 2022 Short-term Rentals Page 13 of 14 147 FINALLY, adopted, passed and approved this 28th day of June 2022. ATTEST: Nicole Henning, City Clerk APPROVED AS TO FORM: J es R. True, City Attorney Torre, Mayor Ordinance #09, Series of 2022 Short-term Rentals Page 14 of 14 148 Page 1 of 10 INFORMATION ONLY MEMO TO: Aspen City Council FROM: Emmy Oliver (Garrigus) Lodging & Commercial Core Program Manager THROUGH: Pete Strecker, Finance Director Ben Anderson, Community Development Director MEMO DATE: March 26, 2024 RE: Information Only: Short-Term Rental Program Update ______________________________________________________________________ REQUEST OF COUNCIL: This Information Only memo serves to update Council on the status of Aspen’s Short-Term Rental (STR) Program after one year of full implementation of the new set of regulations that became effective following the 2022 Moratorium and after several months of collection of the STR-specific sales tax (since May of 2023). This memo serves to provide information and there is no specific request of Council from staff. Should Council desire additional information, please discuss further with the City Manager. SUMMARY AND BACKGROUND: History of Business Licensing and Permitting STR Entities In June of 2022, after nearly six months of extensive analysis, policy development, and public engagement, Aspen City Council approved Ordinance No. 09, Series 2022. Ordinance 9 (2022) amended the regulations for the operation of STRs in Aspen, including the creation of the three STR permit types that we see today (Classic, Owner Occupied, and Lodging Exempt) and placed limits on the number of Classic permits allowable in certain residential zone districts. The ordinance also included a non- transferability clause, life safety and operational requirements, and a permit fee schedule to capture City operational costs for administration such as land use review, taxation, and legal. Ordinance 09 became effective July 2022. The permitting moratorium expired on September 30, 2022, and on October 1, 2022, the City resumed accepting applications for new STR permits. 149 Page 2 of 10 1,276 Vacation Rental Permits (VRP) were issued before the 2021 permit moratorium was enacted, and those VRP were subject to annual permit renewal at the end of 2022. Because Ordinance 9 (2022) introduced three new permit types that replaced the VRP altogether, staff built a “survey” into the renewal process for 2023 to determine which new STR permit type the VRP-holder desired for 2023. If a VRP-holder chose to renew for a “Classic” (STR-C) permit, the account was “grandfathered” into the permit pool and was not subject to limits if the property was in a capped zone. It should also be noted that with the addition of the non-transferability clause, many individuals who speculatively obtained a permit prior to the moratorium chose not to obtain a new permit under Ordinance 9 (2022). New STR permit applications received from October 1, 2022 forward were processed and issued in accordance with Ordinance 9, and STR-C applications for properties in capped zones were placed onto waiting lists if the permit limit in the property’s zone was reached. Business License and Permit Data For 2023, the number of unique business licenses and permits for STR establishments equated to: Type Business Licenses Permits Classic 740 740 Lodge Exempt 392 9 Owner-Occupied 76 76 Total 1,208 825 Table 1. 2023 Count of Business Licenses and STR Permits by Type For the current year (2024), these counts have subsided slightly – due to a variety of reasons that include property sales (permits are not transferable) and a shift by some properties into long-term rental operations – with the number of unique business licenses and permits for STR establishments equating to: 150 Page 3 of 10 Type Business Licenses Permits Classic 698 698 Lodge Exempt 385 8 Owner-Occupied 72 72 Total 1,155 778 Table 2. 2024 Count of Business Licenses and STR Permits by Type It is important to note that 2023 data in Table 1 was collected over all 12 months of 2023, and data in Table 2 was collected over 2.5 months of 2024. It is likely that 2024 permit and license counts will increase as new applications for STR permits may be submitted at any time during the calendar year. Additionally, while each STR unit at a Lodge property is required to hold a valid STR-LE business license, only one permit is required per lodge property, hence the discrepancy between Lodge Exempt business license and permit counts. Permit Type 2023 2024 STR-OO $ 29,944 $ 28,368 STR-LE $ 58,016 $ 56,980 STR-C $291,560 $268,708 Total $379,520 $354,056 Table 3. Administrative Fee Revenue by Permit Type, 2023-2024 Ordinance 9 (2022) established annual administrative fees per STR unit, which are remitted at the time of permit application. Administrative fees are reported for the effective year of the permit, as shown in Table 3, and the fee revenue is distributed across the Community Development, Finance and Legal Departments. Taxation on STR Operations Due to the unique business licensing history on short-term rental businesses noted above, there has been some dramatic changes to tax collections on these operations. Prior to 2020, with the limited number of business licenses issued (50), it is all but certain that the City’s tax receipts were not reflective of the 2% lodging tax (and 2.4% sales tax) due on nightly stays at these sites. As individual business licensing was required beginning in 2020 with the adoption of Ordinance #13 and as compliance with this change resulted in the initial identification of 995 unique STR properties, which increased to 1,276 by the time the moratorium went into place, the City gained substantial insight on compliance with tax remittance efforts for these operators. And while the COVID pandemic significantly diminishes any ability to analyze how the additional compliance by STRs boosted lodging tax revenues in 2020-2021, there is certainty that accommodation taxes would have been far worse without the regulatory changes of unique licensing requirements for each site. 151 Page 4 of 10 With voter approval provided in the November 2022 election, the City adopted a new excise tax to be levied on all nightly stays on or after May 1, 2023. The tax was tiered based on the type of short-term rental permit obtained for the property: Type Excise Tax Rate Classic 10% Lodge Exempt 5% Owner-Occupied 5% Table 4. Voter-Approved Excise Tax Rate by STR Permit Type With a partial year of tax collections in 2023, there are a few metrics that we can provide at this time. Looking at a comparison of taxable sales between May 2022 and December 2022 (benchmark year) to May 2023 and December 2023 (first year with new tax), we can see that the short-term rental market experienced a 23% decline in sales. This decline likely includes a number of influences, including: • Declining state of the economy – strong US Dollar is impacting international tourism and dampening the overall economy, including the lodging sector. This is supported by the fact that even the non-STR lodging market (the traditional hotel sector) experienced a decline of 4% in taxable sales over this same period. That said, some international tourism has picked up, but it is still lagging. • Accommodation preferences – there was a definite shift into the STR market during the pandemic as travelers were looking for solitude and traditional lodging options were limited. As COVID restrictions subsided, there has been a greater acceptance in returning to traditional lodging options. • Shift to long-term rentals – reviewing filing data, we have seen an 18% increase in long-term rental deductions on tax filings over this period ($21.6M in 2022 to $25.4M in 2023). While not definitive, as filers continue to be educated around correct filing practices, some of this can be attributed to lower tax receipts. • Reduced number of STRs – as noted in the above business licensing figures, there has been a 4.4% decline in the total number of STRs. • Taxation increase – with the addition of an additional 5% or 10% tax on nightly stays, depending on the price sensitivity of the visitor seeking accommodations, the new tax could be influencing whether or not these units are rented. That said, it should be considered that the nightly price point for certain seasons / event weeks at some establishments are substantial and do not support a highly price-conscious patron base. But, for more economically priced units, some patrons for those establishments may be adversely influenced. 152 Page 5 of 10 2022 Taxable Sales 2023 Taxable Sales Percentage Change Traditional Lodge $142,570,269 $136,309,218 (4%) Short-Term Rentals $59,692,205 $46,068,150 (23%) Real Estate $2,799,173 $2,809,534 0% Table 5. Taxable Sales for Lodging Sector, 2022-2023 2023 STR Excise Taxes (May – Dec) 2024 STR Excise Taxes (Jan Only) STR-C $2,479,018 $745,897 STR-LE $995,520 $313,937 STR-OO $64,969 $16,882 Total STRs $3,539,507 $1,076,716 Table 6. STR Excise Tax Revenue, May 2023-January 2024. *January 2024 totals are preliminary and not yet finalized Waitlists for STR-C Permits Waitlists for STR-C permits in capped zone districts have changed significantly from 2023 to 2024. In February 2023, waitlists existed for nine (9) of the fourteen (14) capped zone districts, and sixty-five (65) total applications were on those waiting lists. In February 2024, only four (4) capped zone districts have waiting lists, and the total number of applications across those waiting lists is forty-eight (48). The R/MF zone district has the longest waiting list for STR-C permit applications (see Table 7). Zone District Waitlisted Applications in February 2023 Waitlisted Applications in February 2024 Difference in Totals from 2023 to 2024 R-6 12 3 -9 R-15 12 6 -6 R-15A 1 0 -1 R-15B 2 0 -2 R-30 2 2 n/a R/MF 29 37 8 R/MFA 1 0 -1 AH 1 0 -1 MU 5 0 -5 Table 7. February 2023 vs. February 2024 STR-C Waitlist Application Counts Each of the STR-C permit waiting lists has reduced in size from 2023 except for the R/MF waitlist, which has increased by 8 applications from 2023 to 2024. The R/MF zone district has the highest cap of all the zone districts limited for STR-C permits, at 190 permits, however due to the number of pre-moratorium permits that were grandfathered into the totals, the number of issued permits in R/MF is still above the limit for the zone district (see Table 8). Because there are more permits issued in R/MF than are allowed by permit 153 Page 6 of 10 caps, applicants on the R/MF permit waitlist will not be offered permits until or unless the number of issued permits falls below the permit cap in this zone. The same can be said for the R-30 zone district. Over time, natural attrition of permits in capped zones will function to bring the permit counts in line with (or below) the limit established for each zone. Zone District Permit Cap # Issued # Pending Total # Permits (Issued + Pending) # Available Permits # on Waitlist AH 9 6 0 6 3 0 MU 39 22 0 22 17 0 NC 1 1 0 1 0 0 R/MF 190 217 0 217 -27 37 R/MFA 12 4 0 4 8 0 R-15 47 41 6 47 0 6 R-15A 8 3 0 3 5 0 R-15B 12 11 0 11 1 0 R-3 1 1 0 1 0 0 R-30 1 6 0 6 -5 2 R-6 81 70 11 81 0 3 RR 2 2 0 2 0 0 SCI 2 7 0 7 -5 0 SKI 2 0 0 0 2 0 Table 8. February 2024 STR-C Permit Availability Summary DISCUSSION: Staff Observations • Limits on the Classic permit in R/MF Zone District The R/MF zone district is situated primarily to the east of the Commercial Core and Lodging zones. Many multi-family buildings with studio, 1- and 2-bedroom units are concentrated in this zone district, including some which were historically used as lodges but that no longer meet the definition due to condominiumization of the units. The R/MF zone has the longest waitlist of any zone district capped for STR- C permits. Staff often receive questions about whether the limits on the number of STR-C permits will be raised in the R/MF zone. Based on the limited amount of historical data on permit abandonment in this zone, and due to the number of pre- existing permits that were not subject to permit caps, staff estimates it may be at least 2 more years until the first applicant on the waitlist for STR-C permits in the R/MF zone will be offered a permit. • Public Notice As part of the City’s commitment to mitigating the impacts of STRs in neighborhoods, the requirement for a public notice was included in Ordinance 09 154 Page 7 of 10 Series 2022. Public notices are posted on STR properties and mailed to surrounding neighbors by property owners applying for new STR permits. The goal of the notice is to make neighbors aware of the new STR being applied for in their neighborhood, and to provide contact information for the local “Qualified Owner’s Representative” who is responsible for managing the STR property and for responding to concerns or complaints. Staff has received feedback from STR applicants and from residents who have received a notice that the mailing of notices generates an excessive amount of paper waste, and requests have been made that the notices be sent virtually, instead of through paper mail. Additional feedback has been received from property owners receiving public notices in the Lodging and Commercial Core zones, where STRs are not limited in number and STR activity is heavily concentrated, that notices are unnecessary because the land use is both assumed and widespread. • Non-transferability of Permits Language detailing the non-transferability of STR permits was approved in Ordinance 09 Series 2022. STR permits may only be issued to one “natural person” who owns at least 10% of the STR property. Permits may not be transferred to other owners of the same property, nor to a new property address. STR permits are terminated and revoked upon the sale of a property, and if a permit is desired by a new property owner, they must submit an entirely new permit application to be considered. Non-transferability language supports the movement of applications on waitlists and gives new property owners a chance to obtain a permit where they may otherwise be monopolized if transfers were allowed. Non-transferability of permits is a concern for many permittees engaged in estate- planning. City regulations do not currently allow for an STR permit to be transferred to a next of kin in the event of death, and City staff have fielded many requests to modify this portion of the non-transferability requirement from permit holders. • Tax Filing Requirement STRs are required to be occupied by a short-term renter a minimum of once per year, as evidenced by STR tax filings, to be eligible for permit renewal. While recognizing the importance of this requirement for the overall effectiveness of the program, staff did not enforce this requirement in 2023, citing over 100 accounts that would not have been compliant with the new and highly impactive regulations. Staff instead used 2023 as a "notification period," in line with the City’s progressive enforcement policy, to effectively communicate the tax filing requirement so that permittees are better prepared to comply in 2024 and beyond. Ongoing messaging about this requirement is scheduled to continue via notifications in the City’s online tax portal to active accounts. Because the City accepts applications for new STR permits on a year-round basis, and because permits expire at the end of each year, most new STR permits are 155 Page 8 of 10 valid for less than 12 months of the first calendar year following approval. Staff will provide an administrative grace period to the tax filing requirements for new permits obtained after June 30 in any given year, and those accounts will be required to comply with the minimum rental requirement beginning in the following full year of operation. • MUNIRevs Software MUNIRevs is the City’s Permitting, Licensing, and Compliance software platform whereby the public manages permits, business licenses, and sales tax reporting for STR properties. Prior to 2022, STR operators were required to obtain a business license and vacation rental permit from MUNIRevs. Both permit and license were required to be renewed annually, but because there were no limits on the number of permits that could be issued, the consequences of non-renewal were minimal. In addition to the requirement for annual permit renewal, the introduction of caps on permit numbers means that stakes are higher for STR-C permittees as the failure to renew a permit can result in the permit being offered to a waitlist applicant. Despite having regularly scheduled notification emails, up-to-date website information, and a dedicated staff member for support, staff has identified the need to create more resources detailing how MUNIRevs customers can interact with the software to receive timely notifications about their accounts. In advance of the 2024 permit renewal period, staff will be developing those resources for permittees and account managers to support the effective use of the software. • Program Compliance STR compliance is primarily monitored through public complaints submitted via Aspen 311 Connect. To date, Community Development has responded to 4 complaints alleging that properties are operating as STRs without the requisite permits. In most cases, the activity that triggered the complaint was verified to be guests of the property owner staying at the property for free of charge, but in one case, an online advertisement was found that corroborated the complaint of STR activity. A Notice of Violation (NOV) was mailed to the property, and the owners responded by coming into compliance with program regulations. In complaint- based situations where a property is assumed to be an STR operating without a permit, it is challenging for staff to prove STR activity is occurring unless an advertisement for the activity can be found. Another tool for monitoring STR compliance is MUNIRevs’ sister platform, LODGINGRevs. LODGINGRevs performs frequent “scrapes” of the internet to identify STR advertisements, and then determines if the advertisements are connected to permitted properties in Aspen’s system. LODGINGRevs is highly effective at identifying STR advertisements listed on prominent rental sites such as Airbnb and VRBO, however most online advertisements do not contain property addresses. Without exact address information, it's difficult to pinpoint whether an advertised property has an associated permit, or who the property owner may be 156 Page 9 of 10 in the event they need to be contacted. Staff are continuously working in LODGINGRevs to maintain updated compliance records and utilizing all available tools to identify unpermitted properties in online advertisements. By participating in the STR Program, permittees are responsible for ensuring their guests adhere to high standards of behavior and act as “good neighbors” to those around them. Permittees must communicate expectations for parking, trash, wildlife, and noise compliance to their renters, and permittees must respond in a timely manner if complaints about renters are submitted to the City. STR staff have fielded approximately 5 complaints from the public about concerning behavior from renters. As City policy dictates, staff first contact the permittee and/or property owner's representative to inform them of the issue. All permittees have, thus far, been responsive and have resolved the complaints. Staff also coordinates with APD to contact STR permittees when APD identifies issues at STRs. Looking Ahead As with any new program, there are always opportunities to improve. Staff is continually working to identify those opportunities in pursuit of providing elevated customer service to program participants and the public. Throughout 2024, more resources will be developed for the following focus areas: • MUNIrevs user information to include the importance of user roles and maintaining updated contact information, automated notifications and how to sign up for them, how to grant access to an STR account, and tax reporting information for filers on an account. • Compilation of “Need to Know” compliance information for permittees, including tax filing and in-unit messaging requirements, responsibilities for owners’ representatives, details about non-transferability and the annual permit renewal process, and best practices for formatting online advertisements. • Updates to the ArcGIS STR Map, including the addition of a deed-restricted layer for more complete property information. • Updates to STR Program Guidelines, including expansion and clarification of existing information and the addition of many of the above topics; anticipated date of completion is summer 2024 (to be amended by Council Resolution). Staff also intend to build on their existing partnership with the Pitkin County Assessor’s office to develop a system of regular information sharing about property sales. This system will help to facilitate more frequently updated permit counts and real time waitlist movement rather than waiting to be contacted by permit holders who have sold properties. 157 Page 10 of 10 Possible State Legislation May Force Changes The State Legislature is considering a few bills this session that could have implications to the City’s program. Draft bills are seeking to standardize local lodging taxation, including adding uniform definitions for a short-term rental, allowances for mass tax reporting thereby shifting the burden of remittance to the administrator instead of the owner of the property, changing tax filing timeframes, increasing property tax on STR properties, and more. These bills are being watched by staff and the City is attempting to understand both their full intent and reach, to assess if there will be external mandates for the City’s program to comply with. CITY MANAGER COMMENTS: 158 INFORMATION ONLY MEMORANDUM TO: Aspen City Council FROM: Emmy Oliver, Lodging & Commercial Core Program Manager THROUGH: Ben Anderson, Community Development Director MEMO DATE: October 22, 2024 RE: Short-Term Rental (STR) Program Response to Public Comment PURPOSE: This memorandum is for informational purposes only and is in response to public comments made by Ben Wolff of Frias Properties of Aspen and Snowmass during the September 10, 2024, City Council regular meeting. Should Council desire additional information, please discuss further with the City Manager. No action is requested of Council. SUMMARY: During the City Council regular meeting on September 10, 2024, Ben Wolff made public comment about the City’s STR regulations. Mr. Wolff’s comments focused on the caps on numbers of STR-Classic (STR-C) permits available for issue in certain zone districts. Mr. Wolff suggested that the caps and waitlists for permits are functioning as intended in the R-6 and R-15 zone districts. He then expressed concern about the caps and the number of permit requests on the waitlist for the R/MF zone district. He suggested that if the cap on permits were removed in the R/MF zone, there would be “no noticeable or negative impact” to members of the community. Mr. Wolff requested that Council consider whether caps on STR-C permits in the R/MF zone are “helping or hurting” the community. BACKGROUND: How and Why Caps Were Developed In December 2021, as a response to heightened community concerns over Aspen’s STR market and existing regulations, City Council adopted Ordinance #26, Series of 2021, which instituted a moratorium on the issuance of new STR permits. The moratorium provided space for Council and staff to align the City’s policies with the development of updated regulations for STRs. Updated regulations were needed to support the operation 159 of STRs in balance with community policies related to housing, development, growth management, and a sustainable economy as described in the Aspen Area Community Plan (AACP). During the moratorium, Council unanimously directed staff to propose caps on the number of STR-Classic (STR-C) permits in certain zone districts. Caps are a zoning- based method commonly used by municipalities to limit the number and distribution of STRs – in acknowledging existing conditions and desired future conditions. After researching best practices in comparable Mountain West communities, Council directed staff to proceed with a 75% cap on the number of existing STR-C permits in residential-serving zones. The 75% reduction in existing STR-C permits would, over time and through natural attrition, decrease the number of residential units with STR-C permits from 11% to 8%. This percentage decrease was aligned with the values and goals in the AACP, and with the direction of the Council. In June 2022, Council unanimously adopted Ordinance #09, Series of 2022. Among the new life safety, operational, and financial requirements for STRs, Ordinance #09 codified caps on the number of available STR-C permits in 14 residential-serving zone districts. Ordinance #09 also included language for “grandfathering” the pre-existing STR permits into the program, stating that “The number of Short-term Rental-Classic (STR-C) permits as of January 1, 2023, may exceed the cap for zone districts… until such time as they are revoked, abandoned, or otherwise eliminated.” Current STR-C Waitlist Information As Mr. Wolff stated, the caps in R-15 and R-6 zone districts are currently achieving the Council’s goal of reducing the overall number of STRs in those zones. Attrition of permits is occurring, and waitlisted applicants have been offered permits as they have become available. More broadly, the number of STR-C permits is at or below the caps in 11 of the 14 capped zone districts. In the R/MF, R-30, and SCI zones, the numbers of existing permits still exceed the caps for those zones codified in Ordinance #09, and the caps have yet to be achieved through the natural attrition of permits. In R-30, six (6) permits must be abandoned before the first of the two (2) current waitlist applicants could be offered a permit. In SCI, five (5) permits must be abandoned before the cap is reached, and there are no applicants on a waitlist for this zone. In R/MF, due to the large number of active permits grandfathered in by Ordinance #09, twenty-one (21) permits must be abandoned before the applicant in the top position on the forty-applicant waitlist could receive a permit. 160 Attrition of permits is occurring in the R/MF, R-30 and SCI zones, albeit more slowly than in others. Since May 2023, nineteen (19) permits have been abandoned in R/MF (1.1/month), and one (1) permit has been abandoned in both R-30 and SCI. Existing permits may be abandoned by customers if a renewal application is not submitted in a timely fashion and the permit expires, or in the event of the transfer of ownership of a permitted property, or if a customer chooses to voluntarily relinquish their permit. While the council’s policy objectives for limiting STR-C permits have not yet been fully realized due to the number of permits that pre-dated the 2022 regulations in certain zones, it should be noted that in nearly 80% of capped zones, the regulations are currently achieving the Council’s desired effect. If the trend of permit attrition in the R/MF zone continues as our limited historical data indicates, the first applicant on the waitlist in the R/MF zone may receive a permit offer as early as May 2026. Waitlist times are difficult to predict, however, due to the variety of participant behaviors that result in permit abandonment. If Council’s policy on caps for STR-C permits has changed, and the Council desires to revisit the caps on STR-C permits in R/MF or any other zone district, an amendment to the land use code and the necessary process would be required. Complaint Data Twenty-one (21) formal STR complaints have been submitted through Aspen 311 Connect since the STR Program inception in 2022. Of those complaints, two (2) were made for properties in the R/MF zone district. One complaint was alleged use of a property for STR purposes without a permit, and the other complaint was alleged falsification of STR-OO permit application information to obtain a permit. No reports of renter misconduct have been filed for properties in the R/MF zone. Spot Zoning Information Mr. Wolff also mentioned that some multi-family properties within the R/MF zone district may be interested in requesting a re-zoning of their buildings. A likely reason for this request would be because properties within zoning overlays, such as Lodge Overlay (LP) and Lodge Preservation Overlay (LO), are not subject to caps on STR-C permits. There are several historic lodge properties within the R/MF zone district that have LP and LO zoning overlays. Overlays were extended to those properties in the past to set them up for long term viability as historic lodge properties in a zone that otherwise would not allow them. The overlays also prevented the properties from becoming permanent nonconformities. LP and LO zone overlays are not intended for properties that were not historically used as lodges. 161 CONCLUSION While it is certainly at the discretion of the Council to answer the question of whether caps on STR-C permits are “hurting or helping” the community, staff would encourage Council to consider that caps were designed to limit the overall numbers of STRs in the community, and were borne out of a belief that this particular land use was under regulated and producing effects inconsistent with the City’s policy goals. UPCOMING DISCUSSION ON STRs Update to STR Program Guidelines As the program has progressed, the need for additions and updates to the STR Program Guidelines has become evident. The STR Program Guidelines is the companion document to the regulations codified in the Land Use Code. The Guidelines are written for STR owners and operators and informs customer participation in the program. No policy changes have been made in the proposed updates, but instead, the updates improve clarity and better respond to regular questions about how the program functions. This Council should expect to see a Resolution to amend the Guidelines in November 2024. Program Data Analysis and Discussion Additionally, as soon as is possible in Q1 of 2025, with the conclusion of the permit renewal process and another year of permit data to present, staff will return to Council for a work session discussion about our experience with the STR program to date. NEXT STEPS: No action is requested of Council. ATTACHMENTS: None. CITY MANAGER NOTES: Please contact the City Manager if there are questions or follow up needed regarding the information provided. 162 RESOLUTION #1379 SERIES OF 2024 A RESOLUTION OF THE ASPEN CITY COUNCIL ADOPTING AN AMENDED SHORT-TERM RENTAL PROGRAM GUIDELINES TO PROVIDE PROGRAM CLARITY AND PROCESS DESCRIPTION OF THE CITY OF ASPEN'S SHORT TERM RENTAL PROGRAM AS CODIFIED IN 26.530 OF THE LAND USE CODE. WHEREAS, at their regular meeting on June 28, 2022, City Council approved Ordinance 109, Series of 2022 by a 5 to 0 vote, adopting Short-term Rental Regulations; and, WHEREAS, Aspen Municipal Code Section 26.530.OSO.D references the "Adoption of and Compliance with STR Program Guidelines" and requires conformance with applicable guidelines for the approval of any short-term rental permit; and, WHEREAS, Aspen Municipal Code Section 26.208.010.H, Powers and Duties of the City Council, requires Council adoption of any guidelines that will be used in a guiding or regulatory capacity by the City; and, WHEREAS, following the adoption of Ordinance #09, Series of 2022, staff built the Short-term Rental (STR) Program to support the policy and regulatory outcomes of Ordinance 109, Series of 2022 that was established to equitably balance the interests of the short-term rental industry, the local community, and the Aspen Area Community Plan; and, WHEREAS, the original version of the Shot -teem Rental P og am Guidelines, adopted with Resolution #0995 Series of 2022, sought to ensure compliance under the new permit regime, improve customer understanding of the program, and to describe details of program administration for the purposes of increased transparency; and, WHEREAS, following two years of experience of managing the STR Program and working with the Short-term Rental PYogNam Guidelines, staff has identified areas within the document that are in need of improved organization and additional clarity, and staff has drafted the amended document with these outcomes in mind; and, VVHEREAS, the amended Short-term Rental Program Guidelines does not change any regulations or other codified program elements as stated in 26.530; and, WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; Resolution #137, Series of 2024 Amended Short-teNm Rental Program Guidelines Page 1 of 2 163 NOW, THEREFORE, BE IT RESOLVED: That City Council hereby adopts the amended "Short-term Rental Progf°am Guidelinesattached as Exhibit A. APPROVED by the Aspen City Council at its regular meeting on November 195 2024. Torre, Mayor ATTEST: Nicole Henning, City APPROVED AS TO FORM: R. True, City Attorney EXHIBIT A —Short-term Rental Program Guidelines, as amended. Resolution # 137, Series of 2024 Amended Shot-tej°m Rental Program Guidelines Page 2 of 2 164 lltr4lftlo N ''eIA 41 F: ', 1• J 7.'1 11 Y j •` I ,. ir i1.''. •, S; Z . r . •. 1' lk All j JAI IRV6h d I Ji I f' 'f y II f • }; At ` Wit Itt 1 , of 1p I., to I y All 1 r7P V All , Y' jim witi•] t•]dfasflilw,". r i.t l rr {a' r J (l•I i ,. i:{1'.1 jJfF l,ffr r r41 .yjr( 4, i a P r - 1I 7 .. r 0* a,• ,.r. itit 6 1 r Qil rFAA it Al if a IF for 1'.i•i Alf -A mei.h hl vi1 ufi. iv.. t if ;1' w It. tf t_e e42•'a'1 . r o AOF 1 r I y • IF 08/24 165 EXHIBIT A: Short-term Rental Program Guidelines, as amended. CONTENTS Section 1: Introduction To Short -Term Rentals Purpose & Intent 3 Governing Law 3 Glossary of Terms 4 Section 2: Description of Permit TXpes Introduction 5 Lodging Exempt Short -Term Rental (STR-LE) 5 Owner -Occupied Short -Term Rental (STR-00) 7 Classic Short -Term Rental (STR-C) 9 Section 3: Operational Standards &Requirements Permittee Requirements Qualified Owner's Representative (QOR) Requirements Pitkin County Assessor Information Occupancy Limit Information Zone District Requirements Supplemental Document Requirements Neighborhood Notice Requirement In -Unit Messaging Requirements Non -Transferability of STR Permits STR-C Permit Waitlists Tax Filing (Minimum Rental) Requirement Advertisement Requirements Inspections Permit Abandonment Section d: Enforcement Introduction Complaints Violations Permit Revocation Penalties Civil Remedies_ Appeals Section Financial Information Business License Requirement Monthly Tax Reporting Requirement Tax Rates, Permit and License Fees _ Section 6: Apalvinct For An STR Permit How to Choose the Appropriate Permit Type Application Requirements by Permit Type_ How To Submit A New Permit Application_ How To Renew An Existing STR Permit Section 7: Munirevs Software Information 11 11 12 13 13 13 14 16 17 17 18 18 1q lq 20 20 21 22 22 23 23 24 24 25 Introduction to Munirevs 31 How to Register for a User Account 31 User Account Information 32 How to Link a User Account to an Existing Business Account 32 Notifications and Open Tasks 33 How to Access a Permit or License Document 33 More information about the City of Aspen's short-term rental program, including resources mentioned in this document, can be found at aspen.gov/strs. 166 Purpose and Intent A short-term rental (STR) is defined by the City of Aspen as the use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 3o days. STR properties serve an important role in supplementing Aspen's lodging bed base, diversifying lodging options, and providing economic benefit to property owners and the community. Timeshare, hotel, motel, and bed and breakfast uses do not qualify as STR uses, and STR permits are not available for employee, affordable, or other deed or covenant restricted housing. Short-term rentals also impact the Aspen community in various ways. Resident quality of life, parking, wildlife protection, affordable housing, transportation, and City services are all impacted from the operation of STRs. Due to the potential for adverse impacts, STRs are regulated by the City to protect the health, safety, and welfare of owners, neighbors, and visitors. STR regulations also balance conflicting community needs and interests. The City of Aspen recognizes the importance of a diverse lodging bed base and is committed to updating the STR code as necessary to meet evolving community needs and priorities. Short-term rentals are required to operate in accordance with all applicable Municipal Code regulations protecting the health, safety, and peace of the community, and supporting the maintenance of community character and values. Before renting a lodge or residential unit for any period of less than 3o days at a time, property owners are required to first obtain an STR permit and an STR business license from the City of Aspen. This STR Program Guidelines document is intended as an informational guide for STR owners and operators. The guide informs permit eligibility, permit application and renewal process, and compliance requirements for customers who are currently participating or considering future participation in the City's STR program. Governing Law To the extent which information in these guidelines conflicts with the City of Aspen Municipal Code, the City of Aspen Municipal Code shall control. Nothing in these guidelines shall supersede the City of Aspen Municipal Code. Terms used herein shall have the same meaning as in the City of Aspen Municipal Code unless otherwise defined herein. City of Aspen Short -Term Rental Guidelines Page 3 167 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Glossary of Terms Condo -hotel. A lodging property which meets the definition of Lodge in Section 26.104.110, Use Categories, and in which ownership of individual lodge units has been condominiumized in accordance with The Colorado Condominium Ownership Act, C.R.S. § 38-33-101, et. seq. Hotel. See definition of Lodge, Section 26.104.110 Use Categories. Motel. See definition of Lodge, Section 26.104.110 Use Categories. Lodge. See definition of Lodge, Section 26.104.110 Use Categories. Natural Person. A living, individual human being, as distinct from a "legal person" for the purpose of assigning certain legal rights. Owner -Occupied. A residential property that serves as the primary residence of the title owner of the property. Owner -Occupant. For the purposes of permitting specific types of STRs, owner -occupant is a natural person whose primary residence is the City of Aspen residential property or unit for which an STR permit is sought. Permittee. A natural person who has an ownership interest of at least 1o io in the property for which a City of Aspen STR permit is issued. Pillow. A unit of measure for assessing affordable housing generation and occupancy of lodge rooms/ units per bedroom in an STR. Each lodge and STR unit shall be considered to have two pillows for each bedroom. For calculating occupancy in STRs, sleeper sofas, murphy beds, and similar sleeping accommodations shall be considered as two pillows. Studio units shall be considered to have two pillows. Primary residence. The permanent residential address, as demonstrated by acceptable legal documentation described in this title, of an owner - occupied STR permit holder. Qualified Owner's Representative (QOR). A natural person who is legally designated on the permit application by the permittee to apply for and maintain compliance with a City of Aspen STR permit. Short-term Rental (STR). The use or occupancy of a residential property or dwelling unit, in whole or in part, by the general public for a fee, primarily for tourist accommodations, and for a period of less than 30 days. Timeshare, hotel, motel, and bed and breakfast uses are not STR uses. City of Aspen Short -Term Rental Guidelines Page 4 168 n Guidelines, as amended. Introduction There are three different types of STR permits offered by the City of Aspen: Lodging Exempt Short -Term Rental (STR-LE) Owner -Occupied Short -Term Rental (STR-00) Classic Short -Term Rental (STR-C) STR permits are differentiated based on the permittee's residency, the zone district the property falls within, and whether the unit is located within a lodge property (as defined by 26.io4.»o Use Categories). Each STR permit type has different regulatory and financial requirements which are described in detail in this section. Lodging Exempt Short -Term Rental (STR-LEA Who is it for? The Lodging Exempt STR (STR-LE) permit is available to managers of lodging and condo -hotel properties which meet the definition of Lodge or Condo -hotel per Section 26.o4.iio, Use Categories. Some characteristics of Lodges and Condo -hotels include, but are not limited to, common reservation and cleaning services, combined utilities, and on -site, in -person management and reception services during normal business hours. Properties eligible for STR-LE permits are required to be marketed under a unified brand and marketing model where the individual ownership of units is secondary to the central brand of the property. There is no limit to the number of rental nights allowed under the STR-LE permit. Multi -family condominiumized residential properties that do not meet the definition of Lodge or Condo -hotel are not eligible for STR-LE permits and must instead apply for an STR-00 or STR-C permit. City of Aspen Short -Term Rental Guidelines Page 5 169 EXHIBIT A: Short-term Rental Program Guidelines, as amended. t(D) tcD) ce)Icon fnn`u° f<frU eni90O n Lodge or condo -hotel managers may apply for a single STR-LE permit to cover multiple units within the lodge or condo -hotel property. The STR-LE permit application must list the total number of units covered by the permit. A qualified owner's representative (QOR) must be designated as the primary point of contact for all units covered by the permit. The QOR listed on an STR-LE permit is responsible for obtaining business licenses, filing taxes, and maintaining current information for each unit covered by the STR-LE permit. The QOR must also comply with QOR requirements described in Section 3 of this STR Program Guidelines document. A Lodging -Exempt Affidavit, available on the City's STR website, must be submitted with each STR-LE permit application. Only one affidavit is required per STR-LE permit application. Properties eligible for STR-LE permits are not required to provide public notice of the permit application. As an alternative to the STR-LE permit, an owner of a unit within a lodge or condo -hotel property may choose to apply for a STR-C or STR-00 permit for their unit. Owners that choose to operate outside of a property's STR-LE permit are subject to the tax obligations and program requirements of the STR permit they obtain for their property. Only one STR permit is allowed per unit. Permit Limits Unlimited numbers of STR-LE permits are available in zone districts where STRs are a permitted use. STR-LE permits are prohibited and not available for properties in the A, C, OS, P, WP, or PUB zone districts. Subject to change. Late filings subject to Penalties anc Interest. City of Aspen Short -Term Rental Guidelines Page b 170 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Owner -Occupied Short -Term Rental (STR=00) ho os of for? The Owner -Occupied STR (STR-00) permit is available to City of Aspen residents who own their property and can submit sufficient documentation proving that the property is their primary residence. Because the STR-00 permit is intended for Aspen residents who live at their property full-time, this permit type is limited to 12o rental nights per calendar year. Full-time residents that desire to rent their property for more than 12o nights per year may apply for a Classic (STR-C) permit. Applicants who wish to obtain an STR-00 permit are required to submit two forms of valid documentation indicating that the property is the permittee's primary residence. The following are acceptable proofs of primary residence: Valid Colorado driver's license Valid motor vehicle registration Voter registration Current federal or state tax return Documents must be issued to the proposed permittee and for the address of the STR property. Other legal documentation pertinent toward establishing primary residence may be deemed sufficient by City staff. Utility, insurance, or property tax bills are not sufficient proofs of primary residence. STR-00 permit applications also require the submission of a completed HOA Compliance Affidavit and Letter of Approval and aSelf-Inspection Checklist and Affidavit. Both documents are available on the City's STR website. STR-00 applications require detailed information about the permittee and STR property, and if the owner chooses to designate a Qualified Owner's Representative (QOR) to manage the property in their absence, they must also include contact information for the QOR. See Section 3 of this document for details about this required information. All new STR-00 applications are subject to a 15- day neighborhood noticing period. See Section 3 for information about the neighborhood notice. City of Aspen Short -Term Rental Guidelines Page 7 171 EXHIBIT A: Short-term Rental Program Guidelines, as amended, evrnii units Unlimited numbers of STR-00 permits are available in zone districts where STRs are a permitted use. STR-00 permits are not available for properties within the A, C, OS, P, WP, or PUB Zone Districts. Financial Information STR-00 Business License STR-00 Permit Aggregate STR-00 Tax Subject to change. Late filings subject to Penalties and Interest. Finance; annual renewal Community Development; annual renewal Finance; monthly filings** 150/unit/year 394/year City of Aspen Short -Term Rental Guidelines Page 8 172 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Classic Short -Term Rental (STR=C) 9ho is it for? The STR Classic (STR-C) permit may be issued to any natural person who owns a residence in the City of Aspen. Unlike the STR-00 permit, STR-C permits are available to non -owner -occupied residential properties, and proof of primary residence is not required. STR-C permits are also available to owner -occupied residences where the permittee wishes to short-term rent the property for more than 12o nights per year. Q pplication 0°G U tion The STR-C permit is available in limited quantities in certain zone districts (see STR-C Permit Cap Details on the next page). STR-C permit applications submitted for properties within capped zone districts will be subject to waitlists if the number of existing STR-C permits is equal to or above the number of available permits in the property's zone district. STR-C permit waitlists are updated on a regular basis and available at http://www.aspen.ao_iJstrs. STR-C permit applications require the submission of a completed HOA Compliance Affidavit and Letter of Approval and a Self -Inspection Checklist and Affidavit. Both documents are available on the City's STIR website at http.4 www.aspen.q_ v strs. STR-C applicants must provide detailed information about the permittee and the STR property at the time of application. If the property owner does not live in the Roaring Fork Valley, they must designate a local Qualified Owner's Representative (QOR) to manage the property in their absence. Contact information for the QOR must be included in the permit application. See Section 3 for additional details about the permittee and QOR roles. New STR-C permit applications are subject to a 15-day neighborhood noticing period. See Section 3 for information about the neighborhood notice. Permit Limits There is no annual limit on the number of nights per year an STR-C may operate. Limited numbers of STR-C permits are available for issue in certain zone districts (see next page). An unlimited number of 5 I K-C: permits are available in the L, CL, CC, and C-1 Zone Districts and Lodge and Lodge Preservation Overlay. STR-C permits are prohibited in the A, C, OS, P, WP, and PUB Zone Districts. Financial Requirements STR-C Business License STR-C Permit Finance; annual renewal I $150/unit/year Community Development; annual renewal $394/year Aggregate STR-C Tax Subject to chane. Late filings subject to Penalties and Interest. g Finance; monthly filings** 21.3% City of As IShort-Terir Rental Guidelines I Page 9 173 EXHIBIT A: ShortAerm Rental Program Guidelines, as amended. Shop° V- en,"al Ckm oc (STRmC PerrraiRt Cap Details Aspen City Council placed limits, also referred to as "caps," on the number of STR-C permits available for issue in certain zone districts. Caps are designed to ensure zone districts function as intended and in harmony with established uses. See the chart below for information about capped zone districts. All permit types, including STR-C, are allowed with no cap in the L, CL, CC, and C-1 zone districts, and Lodge Overlay and Lodge Preservation Overlay Zones. RR -Rural Residential R-3 -High Density Residential R-6 - Medium Density Residential R-15 - Moderate Density Residential R-15A - Moderate Density Residential - A R-15B -Moderate Density Residential - B R-30 - Low Density Residential R/MF -Residential Multi -Family R/MFA - Residential Multi -Family as A AH asAffordable Housing MU - Mixed Use NC -Neighborhood Commercial SCI - Service/Commercial/Industrial SKI -Ski Area Base C-1 -Commercial CC -Commercial Core L -Lodge CL -Commercial Lodge Lodge Overlay Lodge Preservation Overlay A - Academic C -Conservation OS -Open Space PUB -Public P -Park WP -Wildlife Preservation 1 47 12 1 190 12 1 2 2 Unlimited permits allowed Unlimited permits allowed Unlimited permits allowed Unlimited permits allowed Unlimited permits allowed Unlimited permits allowed Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Note: Zone district caps may be amended by Aspen City Council from time to time. All STR locations, allowable zones, permit information, and waitlist status may be found on the City of Aspen's STR website. 174 A: Short-tel-n Rental Program Guidelines, as amended. Permittee Requirement STR permits are the legal responsibility of the permittee named in the application, including compliance with 1VWnicipl Code regulations, enforcement, and responsiveness to visitors and City staff. A permittee must have at least to%ownership interest in the STR property. If a property is owned by an LLC, trust, or other organization, that entity must designate one of its owners to be listed as the permittee on an STR permit. Only one permittee is allowed per STR permit. The permittee must be a natural person, as distinct from a legal person, for the purposes of an STR permit application. A first and last name are required on all STR permit applications; LLC, trust, or organizational names will not be accepted. STR permits are not transferable from one permittee to another in any instance. Detailed permittee information is required on STR permit applications, including residential and mailing address, daytime and nighttime phone number, and email address. STR-LE permits are exempt from this requirement; instead, the QOR for an STR-LE property may enter their contact information in the permittee fields of an STR- LE application. Permittees must be available twenty-four (24) hours per day, year round, to ensure the STR property is maintained and operated as required by City of Aspen Municipal Code.. Permittees who cannot meet the regulatory requirements for in -person service and emergency response must designate a QOR (see Qualified Owner's Representative (QOR) Requirements). Qualified Owner's Representative (QOR Requirements The City of Aspen recognizes that many STR property owners live out of town, and as such, are unable to respond to concerns at the STR property in -person or in a timely manner. In other cases, property owners may simply prefer to hire an individual or property management company to operate the STR unit, even if they reside at the property or live nearby. If a property owner is either unable or unwilling to be the point of contact for the STR unit, the owner may designate a qualified owner's representative (QOR) in their place. A City of Aspen Short -Term Rental Guidelines Page» 175 EXHIBIT A: Short-term Rental Program Guidelines, as amended. QOR is responsible for maintenance of the STR property and timely response to all inquiries, complaints, enforcement actions, and on -site needs from renters and City officials. A QOR must meet the following requirements: The QOR must be a natural person and must hold a valid business license issued by the City of Aspen. The QOR must physically reside in Eagle, Pitkin, Garfield, or Gunnison Counties, or within the Roaring Fork River Drainage area. The QOR must be available twenty-four (2L4 hours per day, year round, to ensure that the STR property is maintained and operated as required by City of Aspen Municipal Code. The QOR must respond to all service or compliance inquiries from renters or City officials, and they must be available to be at the STR property within two (2) hours of an emergency. The QOR must notify the permittee if a Municipal Code violation has occurred at the STR property. Failure of a QOR to respond to a call from a renter or the Community Development Director within 24 hours shall result in a notice of violation (NOV) issued to the permittee. Only one QOR may be designated on an STR permit. Contact information for the QOR, including first and last name, email address, day and nighttime phone numbers, business license information, and company affiliation must be listed in the STR permit application. The QOR 's residential address will be verified at time of application to ensure the QOR resides within a 2-hour driving distance from the STR address. Should a permittee need to change or update the contact information for a QOR on an issued permit, they may do so by contacting strs@ spen.gov for assistance. Failure of the permittee to provide updated QOR contact information to the City within 10 days of any change shall result in a notice of violation (NOV) issued to the permittee. Pitkin County Assessor Information STR permit applications require a property's Pitkin County Parcel ID number, Pitkin County owner's name, number of bedrooms, and size of heated area of the residence. This information can be accessed by visiting the Pitkin County Assessor's Property Search website and searching for the STR property. Users may search by property address, subdivision, or Parcel ID. Visit the Pitkin County Assessor's Property Search website at: https:// gpublic.schneidercorp.com/Application.aspx?ApplD=lo71&LayerID=26o13&PageTypelD=2&Pagel D= 10531 City of Aspen Short -Term Rental Guidelines Page 12 176 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Occupancy Limit Intormatioa- STR Program participants must adhere to the occupancy limits for the STR unit as listed on the issued permit. The number of permitted occupants in an STR unit depends on the number of bedrooms: Studio units are limited to three (3) occupants. STR units with one or more bedrooms are limited to two (2) occupants per bedroom, plus an additional two (2) occupants. Bunkrooms are allowed two (2) occupants regardless of the number of pillows. Failure to accurately list occupancy or exceeding the posted occupancy may result in a notice of violation NOV) issued to the permittee. Occupancy may be physically verified by City staff. Zone District Requirement Zoning requirements limit the location and number of STRs in the community. They prevent unreasonable burdens on services and impacts on neighborhoods posed by STRs. Zoning also ensures that STRs are compatible with surrounding land uses and do not harm or alter the neighborhoods in which they are located. STRs are permitted in the following zones: R-3, AH, R/MF, R/MFA, R-6, R-15, R-SSA, R-TSB, R-3o, RR, SCI, NC, MU, SKI, L, CL, CC, and C-i Zone Districts, including the Lodge Overlay (LO) and Lodge Preservation Overlays (LP). STRs are prohibited in the A, C, OS, P, PUB, and WP Zone Districts, and no STR permits will be issued to properties in these zones. Applications for STR permits require the applicant to list the zone district in which the STR unit is located. Applicants may use the STR Map to determine their zone district. To find a property's zone district, use the STR Map: https://experience.arcgis.com/experience/48e993d78c32429la543b59lf6o82972 Supplemental Document Requirement Depending on the type of STR permit being applied for, supplemental documents such as the HOA Compliance Affidavit and Letter of Approval must be submitted to accompany the permit application form. Application requirements by permit type can be found in Section 6. All supplemental documents must be completed, signed, and dated no more than three (3) months prior to submission of an STR permit application. Permittee and/or QOR signatures on all documents must match the permittee and QOR entries in the permit application form. Signatures may be digital or hand- written. Documents with incorrect permittee or QOR names will be rejected and will result in delays for the permit application. Incomplete documents will not be accepted. City of Aspen (Short -Term Rental Guidelines Page 13 177 EXHIBIT A: Short-term Rental Program Guidelines, as amended. All supplemental documents must be uploaded through the property's Munirevs account in PDF or JPG/JPEG format. If you require assistance uploading a document in Munirevs, please contact City staff at strs@aspen.gov. To learn more about accessing Munirevs, see Section 7 of this document. The following supplemental documents are accessible through the City's STR website HOA Compliance Affidavit and Letter of Approval Self- Inspection Checklist and Affidavit Lodging Exempt Affidavit Public Notice Affidavit Access Supplemental Documents on the City's STR website: http://www.aspen.gov/STRs Neighborhood Notice Requirement Why Is Public Notice Required? The intent of a neighborhood notice is to ensure that neighbors of proposed STR properties are aware of a permittee's intention to use their property as an STR. Noticing gives neighbors an outlet through which to provide feedback about the proposed STR use at the property. Notices mailed to neighbors also provide contact information for the permittee or QOR responsible for maintaining compliance with City of Aspen regulations and requirements of the STR Program, thereby helping hold STR owners and operators accountable to being good neighbors. The STR neighborhood notice process is consistent with City of Aspen noticing requirements in Section 26.3o_q_..o6o e)(3 b-c, Ma_nner of Notice. When to Notice Applicants must provide notice after a new STR-C or STR-00 application is submitted and before it is issued. City of Aspen Short -Term Rental Guidelines Page 4 178 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Once an STR-C or STR-00 permit application is received, City staff will review the application for completeness and compliance. If the review is approved, the applicant will be notified to initiate the neighborhood noticing period. Applicants shoo col not begin the notice process unt ul c hlec eed to do so by City of Aspen staff. Annual STR permit renewals do not require neighborhood noticing. Uj VV When an applicant is directed to complete a neighborhood notice, City staff will e-mail the Poster and Mailing notice files to the applicant. The applicant must have the Poster Notice file professionally printed as a sign made of waterproof materials, measuring no less than twenty-two (22) inches wide and twenty-six (26) inches tall, with letters measuring no less than one (1) inch tall. The applicant must secure the poster in an obvious street -facing location at the proposed STR property for a minimum of 15 days. While the poster is secured on the property, the applicant must photograph the poster, as they will need to submit the photo as one proof of notice at the end of the 15-day notice period. The applicant must also mail (or hand deliver) the Mailing Notice file to all property owners within three hundred (300) feet of the proposed STR property. This delivery of notice must be completed during the same 15-day period in which the Poster Notice is posted at the STR property. At their discretion, the applicant may include additional notes, text or graphics in addition to the Mailing Notice file. To generate a list of mailing addresses within three hundred (300) feet of an STR property, the applicant may use the "Create Mailing List" function on the Pitkin County website. Applicants should retain a copy of this mailing list as it will be a required submission at the conclusion of the notice. To create a mailing list on the Pitkin County website, follow the instructions below: Visit https://maps.pitkincounty.com h ?viewer-=ComDev Click the "Create Mailing List" link at the left side of the screen. Select "Search Parcels by Address" and click the "Next" button. Begin typing the STR property address in the box, select the STR address from the dropdown I enu, and click the "Next" button. Confirm the requested distance as 300 feet and click the "Next" button. Your mailing list will populate as both a PDF file and an Excel file. Create a mailing list by using the Pitkin County website: https://maps.pitkincounty.com/qvh/?viewer=ComDev City of Aspen Short -Term Rental Guidelines Page 15 179 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Proof of Notice Before a new STR permit can be issued, the applicant is required to provide proof that they have completed all steps of the public notice listed above. At the conclusion of the notice period, the applicant must complete the Public Notice Affidavit, located on the City's STR website. The completed affidavit, photo of the Poster Notice erected on property, and copy of the mailing list used to mail the notices must be uploaded to the applicant's Munirevs account for staff review. Upon successful completion of the Public Notice and submission of the proofs of notice, applicants can expect a final review of their permit application within 21 days or less. Finished with the public notice? Obtain the Public Notice Affidavit at: http://www.aspen.gov/STRs Submit the poster photo, mailing list, and Public Notice Affidavit through Munirevs: https://aspen.munirevs.com In -Unit Messaging Requirements Once an STR permit and business license are approved and issued, the permittee is responsible for providing the required in -unit messaging for renters to access. Emergency contacts, noise and wildlife ordinances, and days of trash pickup are printed directly onto the STR permit. Applicants are also required to produce and post a fire escape plan, as noted in the Self -Inspection Checklists and Affidavit, for their residence. Permittees must provide easy access to the following documents for renters in every STR unit: The valid STR permit The valid STR business license The Good Neighbor- Guide The fire escape plan The STR permit and business license are available through the permittee's Munirevs account. See Section 7 of this document for detailed instructions to access these documents. The Good Neighbor Guide is available for print from http/www.pspen.gov,STRs and paper copies are available for pickup in the Community Development Department at Aspen City Hall (427 Rio Grande PI, Aspen CO 81611). The fire escape plan must be produced by the permittee or their agents. City of Aspen Short -Term Rental Guidelines Page i6 180 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Non -Transferability of STR Permits STR permits are granted only for the property for which they are issued, and solely to whom they are issued. V toevIrAi :s C90 n no kv sivis eg r kT;l LwCZ?Q U0 PUp) =9 PU UO LJkiu IWZ7)9 ©H Sc] t G1u U U`6kZ;> UGC ca Y 0 If a property with a valid STR permit is sold, the permit will be terminated and revoked automatically upon the sale of the property. New property owners wishing to short-term rent a property must apply for a new permit and will be subject to a neighborhood notice and waitlists for STR-C permits in capped zones. If a property with an STR permit is owned by a partnership, corporation, association, or any other legal entity, and the permittee transfers their interest in the property to a third -party individual or entity, or if more than ten percent (lo%) of the partnership, corporation, association, or legal entity is transferred to a third -party individual or entity, a "transfer of ownership" shall be deemed to occur. Upon such transfer of ownership, the permit will be deemed terminated and revoked automatically, and the new owner of the property shall be required to apply for a new STR permit if it wishes to continue the use of the property as a short-term rental. STR- C Permit Waitlists STR- C permits are issued in limited quantities in the RR, R-3, R-6, R-5, R-SSA, R-15B, R-3o, R/MF, R/MFA, AH, MU, NC, SCI, and SKI zone districts. See "Short-term Rental Classic (STR-C) Permit Cap Details" in Section_ 2 for numbers of STR-C permits available in capped zones. New STR-C permit applications submitted for properties in zone districts where the number of available STR permits has been met or exceeded may be subject to a waiting list for permits. See which zone districts currently have waiting lists for permits on the City's ST_R_website. To secure a position on an STR-C permit waitlist in a property's zone district, a complete, compliant STR- C permit application must be submitted, and the STR-C permit fee must be paid at the time of submission. STR- C permit fees are nonrefundable. Waitlisted permit applications may not be transferred to any other permittee in any instance. STR- C permits in capped zones are issued on a first - come, first - served basis based on the date and time the complete, compliant application was received. City staff will notify the permittee and/or QOR on file when an STR-C permit is available based on their waitlist position. Once notified, the permittee and/or QOR has fourteen (i4) days to respond to the City to accept the available STR-C permit. If no response is received by the City within fourteen (i4) days of the offer, the waitlist spot will be forfeited, and the available STR-C permit will be granted to the next approved applicant on the waitlist. View STR-C permit waitlists at: http://www.aspen.gov/STRs. City of Aspen Short -Term Rental Guidelines Page 17 181 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Tax Filing (Minimum Rental) Requirement Properties witG permits mush be occuplied by a short-term renter a minimurva o ry once ViDer yeav4 as shown in tan fol00ags, to be eligible for anv-ma. renewal. Taxes owed for STR stays commencing between January I and December 31 of a given year are eligible to satisfy the minimum rental requirement for that year, so long as STIR taxes are submitted by the monthly tax filing deadline for those rentals. Taxes owed for stays which span two different months must be reported for the month during which the renter took possession of the property. Taxes for December stays must be reported by the deadline in the following January to meet this requirement. Long-term rentals of G ir y Q© c ays or moG,e a o vue 9® G o; satisfy the tang foloU c Qr or orr m rental) requirement. Permits with one calendar year of $o tax filings from the date of permit issuance or renewal will be considered abandoned. Abandoned permits for properties in capped zone districts will be made available to the next applicant on a first -come, first -served basis, or to the next applicant on the waitlist for that zone district. STR-LE permits are exempt from this provision. Should a permittee fail to meet the tax filing (minimum rental) requirement in a given year, and should the permittee wish to continue operating the property as an STR, the permittee must apply for a new permit. New permits are subject to neighborhood notices and waitlists for STR-C permits in capped zones. For more information about monthly tax filing deadlines and to learn how to file taxes for an STR account, see Section 5 "Monthly Tax Reporting." Advertisement Requirements Each STR permit is issued with a unique permit number. The permit number must be clearly displayed in all advertisements and listings of the STR property, including but not limited to digital and printed advertisements. STR advertisements must also display the maximum occupancy as listed on the property's STR permit. Failure to list the valid permit number or maximum occupancy as listed on the STR permit may result in the issuance of a notice of violation (NOV) to the permittee. Advertising an STR without a valid STR permit and business license will result in enforcement action. Advertising signs, logos or realtor signs shall not be permitted on any STR-C and STR-00 licensed property unless the property is listed for sale. City of Aspen Short -Term Rental Guidelines Page 18 182 Inspections EXHIBIT A: Short-term Rental Program Guidelines, as amended. By signing and submitting an STR permit application, and subsequently being granted a permit, the permittee and/or QOR consent to inspections of the STR property on an as -needed basis for the purpose of determining compliance with City codes, regulations and laws. If through a citizen complaint or audit it is determined that an inspection of the STR property is warranted, the permittee or QOR will be made aware of the intent to inspect. No inspection will be made without first giving the permittee and/or QOR forty-eight (48) hours' notice of the inspection. iBeAre o r r mittee or , i o pond t BB from the omr MU o i y ve0 6 ment Director within er G y r Q?, Cours w9u resul ur otice of voo u W Q6`OV) being oe a 9 © the permittee. If a violation of the City of Aspen Municipal Cocl_e is found through inspection, the permittee may be subject to enforcement action. Permit Abandonment Permittees may choose to abandon their STR permit due to a decision not to rent on a short-term basis, change of permit type, or sale of the STR property. STR permits may be voluntarily abandoned by sending written notice to strs a as"pen gov. At the time of permit abandonment, any current or past due taxes will be required to be paid before the account can be closed. Abandoned permits will not be reissued to the applicant until or unless a new permit application is submitted and a permit is available. Permits that do not meet requirements of Secti®n_6.53o such as annual permit renewal and/or the minimum rental requirement will be considered abandoned by City of Aspen staff. Abandoned permits are not eligible for annual permit renewal. When an STR-C permit is abandoned in a capped zone, and a waiting list for STR-C permits exists in that zone, the permit will be made available to the applicant in the first position on the waiting list for that zone. i1 1rs r City of Aspen Short -Term Rental Guidelines Page 19 183 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Introduction The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain living and enhance our community culture by being good visitors and acting as neighbors and community members during their stay. The STR permittee, and if applicable, QOR, play an essential role in supporting and advancing these policies and supporting the City's enforcement activities. Complaints The City of Aspen takes enforcement of STR regulations seriously. If you have a complaint about an STR property, whether permitted or unpermitted, submit your complaint through Aspen 1 _Connect. Upon receiving a complaint, City staff will investigate to determine if a violation of the City's codes, regulations, or laws is occurring. If a violation is identified, the permittee and/or QOR will be contacted for response and resolution. City staff will also follow up with the complaining party. The permittee and/or QOR must respond to all complaints or inquiries from City officials within twenty-four 24) hours of being contacted. If the complaint is from a current occupant, the permittee or QOR must respond to the occupant within two (2) hours of being contacted. Failure of a permittee or QOR to respond to inquiries from either City officials or current renters within these timeframes will result in a notice of violation (NOV) for the permittee and a demand to cure the issue. All valid complaints received for STR properties are kept on file. The City of Aspen is not responsible for complaints against HOA, hotel, or condo -hotel guidelines outside of the City's code, rules, and regulations. The City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or HOA bylaws. htt To submit a complaint about an STR property, visit: www.aspen.gov/1380/Contact-Us-via-Aspen-311-Connect City of Aspen Short -Term Rental Guidelines Page 20 184 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Violations City staff will take reasonable steps to communicate with STR operators when a code violation is identified; however, in cases where the permittee or QOR is either unresponsive or does not resolve the violation in a time specified by City staff, or at the discretion of the Community Development Director, an Administrative Notice of Violation (NOV) may be issued. If a permitted jo)roper ly G°eceives kGee U3Y s within one (U dV:HH GJU YQj:GjUrevoked. What Constitutes a Violation? The following offenses are grounds for the issuance of a NOV; this list is for illustrative purposes only and is not exhaustive or indicative of all violations that can occur: Failure of a permittee or QOR to respond to a complaint or inquiry from an occupant within two ( 2) hours. Failure of a permittee or QOR to respond to a complaint or inquiry from City officials within twenty- four (24) hours. Failure to adhere to the total allowed occupancy at a unit. Failure to adhere to rental night limits for an STR-00 permit. Failure to clearly display the STR permit number in all advertising and listings of the STR. Failure to provide or update QOR contact information with the Community Development Department within ten (o) days of a change. Failure to comply with applicable life safety standards in i lunic a) Code_Title_8, Failure to display the STR permit, business license, or Good Neighbor Guide in the STR unit. Failure of a permittee or QOR to assist STR occupants in being 'good neighbors' by recognizing their obligation to following the rules and customs of the community as described in the Good Neighbor Guide. Failure to comply with any of the requirements in Section 26.530 or in this STR Program Guidelines document. Advertisement of an STR without a valid STR permit and business license. Any repeat complaint or unaddressed NOV shall Director, City of Aspen Police Department, or the prosecuted, if appropriate. be referred to either the Community Development City of Aspen Attorneys Office and investigated or City of Aspen Short-Terir Rental Guidelines Page 21 185 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Permit Revocation STR permits will be revoked for any of the following reasons: Property sale or transfer of ownership. Failure to renew a permit within fourteen (4) days of the expiration date. Failure to remit permit fees, taxes, or pay fines within a calendar year. Receipt of three (3) NOVs for a property within a calendar year. Failure to rent the property for an entire calendar year (as evidenced by one () year of zero tax filings). Penalties Any permittee that violates or allows another to violate any section of ec c_on 26.530 will be subject to prosecution in Municipal Court and, upon conviction, subject to the fines and penalties set forth in Section o I_.o80. A first offense shall be punishable by a fine of no less than five hundred dollars ($500). Fines for violating any provision of the City of Aspen _Municipal Code or any such ordinance are not to exceed two thousand six hundred fifty dollars ($2,650), imprisonment for up to one () year, or both, at the discretion of the court. Each day of any violation of City of Aspen Municipal Code or ordinance shall constitute a separate offense. The Municipal Judge is empowered in his discretion to assess court costs in an amount of up to fifty dollars ($50) against any defendant who pleads guilty or nolo contenders or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. Whenever the judge of the Municipal Court imposes a fine for a nonviolent offense of a municipal ordinance or provision of this Code, if the person who committed the offense is unable to pay the fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the Municipal Judge may compel collection of the fine by requiring the person to post sufficient bond or collateral, requiring the person to post one () or more postdated checks, drafts or orders for the amount of the fine and court costs, if any; or entering a judgment in favor of the City and execute a lien based on such judgment on any chattels, lands, tenements, moneys and real estate of the person in accordance with C.R.S. art. 52 of tit. 3, for the purpose of collecting said fine and the costs incurred in collecting said fine. City of Aspen Short -Tenn Rental Guidelines Page 22 186 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Civil Remedies The City Attorney may institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of Section 26.530 when it occurs. The same right of action shall accrue to any property owner who may be especially damaged by violation of Section 26,530. Until paid, any delinquent charges, assessments, or taxes made or levied by the City pursuant to this Title shall, as of recording, be a lien against the property on which the violation has been found to exist. If not paid within thirty (30) days from the date of assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the same manner as taxes are authorized to be by statute together with a lo% penalty for costs of collection. Any lien placed against the property pursuant to Section 26.530 shall be recorded with the Pitkin County clerk and recorder. Appeals Permittees may appeal decisions or determinations made by the Community Development Director or administrative staff in the enforcement of Section 26.530, the STR regulations. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.3ib.o2o(d), which states, "the Administrative Hearing Officer shall have the authority to hear an appeal from any decision or determination made by an administrative official unless otherwise specifically stated in this Title." Appeals will be processed in accordance with Section_ 26.316.030, Appeal Procedures. Appeals of administrative decisions or determinations must be filed with the Community Development Director and with the City office or department rendering the decision or determination within fourteen (4) days of the date of decision or determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. This is not a comprehensive guide to the appeals process. Prior to filing an appeal, the relevant code sections must be reviewed. City of Aspen short -Term Rental Guidelines Page 23 187 Business License Requirement In addition to an STR permit, an STR-specific business license is required for STR operations within the City of Aspen. Pursuant to Section 23.32.020, any entity doing business within the City of Aspen limits, either directly or indirectly, must first obtain a combined Sales Tax and Business License. For this reason, both permittee and QOR (if designated) for any STR-permitted property must obtain an STR Business License from the City of Aspen. Business licenses must be applied for and managed through a user's G-oG account. Business licenses are issued on an annual basis and, like STR permits, expire at the end of each calendar year. Fees for a City of Aspen business license are one hundred fifty dollars ($150) per year and are not prorated regardless of when the license is issued or when the business started. For more information about obtaining a City of Aspen business license, visit: httas://asaen.aov/3 6/®btaininq-A-City-of-Aspen-Business-Lice_n Monthly Tax Reporting Requirement Permittees are required to collect and remit all applicable taxes due from the operation of their STR through M_unirev_s on a monthly basis. The routine monthly deadline for submission of tax returns and/or payment is the 2ot' day of each month, or the following business day if a holiday or a weekend. The City of Aspen does not accept third -party tax payments from platforms such as Airbnb or VRBO. Permittees or their designated representatives must collect and remit taxes from any third -party rental platforms directly to the City of Aspen. Contact as ensalestax(a aspen.gov with any questions. Tax returns and payments must be submitted through the Munirevs account for each STR property each month. City of Aspen short -Term Rental Guidelines Page 24 188 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Munirevs will send emailed reminders to submit tax returns and payments to all users associated with STR accounts each month. The software is also structured to send notifications) if a return and/or payment is not completed by the deadline each month. Because important account notifications are sent to users associated with STR accounts in Munirevs, the City strongly recommends that permittees and/or QORs are listed as users on all STR accounts they own or operate. To grant account access to users, or to verify the users on your STR account, contact asp.ensalestax as en.gov. For more information about submitting tax filings and remitting payments, visit: hops& aspen.gov/1498/MuniReys-Tax-Filing-System-_FAQ Tax Rates, Permit and License Fees Subject to change City of Aspen Short -Term Rental Guidelines Page 25 189 EXHIBIT Short-tel-tn Rental Program Guidelines, as amended. How To Choose The Appropriate Permit Type To determine which permit type is appropriate to apply for, please follow the prompts below. Is my property considered a "lodge" (26.104.110, Use Categories)? You can apply for a STR-LE permit. NO My property is my primary residence, and I can submit fiwo of the following documents indicating that the STR is my primary residence: Valid Colorado driver's license, valid vehicle registration, voter registration, and/or current state/federal tax returns are acceptable proofs of primary residence. Documents must be issued to the permittee and for the STR property address. YES NO You can apply for a STR-00 permit. YES What if I want to rent more than 12o days? You can apply for a STR-C permit. City of Aspen Short -Tenn Rental Guidelines I Page 26 190 EXHIBIT A: Short-term Rental Program Guidelines, as amended. Application Requirements By Permit Type The chart below indicates the information, documents, and processes that are required when applying for specific permit types. Applicants must provide the required application information and supplemental documents below at the time an STR permit application is submitted. STR Property Address x x x Pitkin County Parcel ID Number x x x Pitkin County Owner x x x City of Aspen Zone District x x x Number of Bedrooms x x Number of Permitted Occupants x x Size of Heated Area of the Residence (sqf) x x Number of Units in Lodge Property x Parking Space Location(s) x x x Fire extinguisher Location(s) x x x Day of trash, recycle, and compost pickup x x x URL(s) of Online Advertisement(s) x x x Permittee First and Last name x x Permittee Mailing Address x x Permittee Physical Address x x Permittee Daytime and Nighttime Phone Numbers x x Permittee Email Address x x QOR First and Last Name x x QOR Mailing Address x x QOR Physical Address x x QOR Daytime and Nighttime Phone Numbers x x QOR Email Address x x QOR Entity or Company Name x x Required Supplemental Documents HOA Compliance Affidavit and Letter of Approval x x x Self Inspection Checklist and Affidavit x x x Two (2) Proofs of Primary Residence x Lodging Exempt Affidavit x Neighborhood Notice Required? New permit applications only yes* yes* no City of Aspen Short -Term Rental Guidelines Page 27 191 EXHIBIT A. Short-term Rental Program Guidelines, as amended. How To Submit A New Permit ApplicatioVi City of Aspen STR permits and business licenses must be applied for and managed exclusively through an online permitting and licensing software called Munirevs. Detailed instructions for using Munirevs are available in Section 7 of this document. Follow these steps to submit a new STR permit application: Visit Munirevs and click the "New User -Register" button. Follow the detailed instructions to set up your Munirevs account. If you already have a Munirevs account, skip to step 2. Log in to Munirevs as an "Existing User" with your account credentials. Select "I have a new business and need to apply for a license." Enter the STR property address in the "Business Name" field. Select the STR permit type you like to apply for from the "Business Type" dropdown; the choices are STR-C, STR-00, or STR-LE. Choose your role from the dropdown; the choices are Accountant, Employee, Operator, Other, or Owner. Follow the prompts to complete the permit application form in Munirevs. Upload the required supplemental documents to the application when prompted. Click the "Submit" button to move to the next page. If you need to save and exit the application to complete the documents, you may do so by clicking the blue "Save and Return to Business Center" button at the bottom left of the page. Follow the prompts to pay the permit fee in Munirevs using a credit card or bank account. Click the "Submit" button. An application has been submitted when clicking the "Submit" button returns the user to the Business Center homepage and the application says "Pending Approval" in the open tasks. New permit applications are reviewed by City staff within 5 business days of the submission date. Once the application review is complete, applicants will be contacted with next steps for the application, which could include either a public notice or the addition of their application to a waitlist, depending on the permit type. New STR permits may be applied for at any time during the calendar year. STR permits expire at the end of each calendar year and must be renewed in Munirevs within 14 days of the permit expiration date to remain valid for the following year. Permits not renewed within 14 days of the permit expiration date will be considered abandoned and ineligible for renewal. Anyone may submit an application for an STR permit, however it is important to note that account notifications are sent only to the registered users on an STR property's Munirevs account. If someone other than the permittee applies on behalf of the permittee, it is strongly recommended to add account access for the permittee and QOR once the permit has been issued. Contact strs@a_spen.gov for assistance. 7 Submit a new or renewal STR permit application in Munirevs: https://aspen.munirevs.com. City of Aspen Short -Term Rental Guidelines Page 28 192 EXHIBIT A: Short-term Rental Program Guidelines, as amended. How To Renew An Existing STR Permit All STR permits expire annually on ®ecember 31. If a permittee wishes to continue operating the STR after their permit expires, they must submit an STR permit renewal application through the Munirevs account for the property. Renewal applications become available in the "Open Tasks" of eligible Munirevs accounts on November 15 (or the following business day) each year. TG e annnual dea 9low ® submit STR perrr,Dii U°kN::i1wewC,l applicagi©r n iZ Jnumpicry day) o Supplemental documents must be updated and re -submitted with each STR permit renewal application. Additionally, STR-00 renewal applications require updated proofs of primary residence. All supplemental documents must be signed and dated by the required parties no more than three (3) months before the renewal deadline. STR permit renewals do not require a neighborhood notice. Follow these steps to submit an STR permit renewal application: Log into N1_u_n_irevs as an "Existing User" with your account credentials. Navigate to the "Open Tasks" section of your account. Click into the STR permit renewal application available in the open tasks. Follow the prompts to complete the permit renewal application form in Munirevs. Upload the required supplemental documents to the application when prompted. Click the "Submit" button to move to the next page. If you need to save and exit the application to complete the documents, you may do so by clicking the blue "Save and Return to Business Center" button at the bottom left of the page. Follow the prompts to pay the permit fee in Munirevs using a credit card or bank account. Click the " Submit" button. An application has been submitted for renewal when clicking the "Submit" button returns the user to the Business Center homepage and the application says "Pending Approval" in the open tasks. STR permit renewal applications that are not submitted by the annual deadline date and in accordance with Section 2653o are considered abandoned and are not eligible for renewal. Abandoned permits will be made available to the next applicant on a first -come, first -served basis or to the next applicant on the waitlist for that zone district. It is the permittee's responsibility to ensure their STR permit is renewed in accordance with the permit renewal deadline each year. If the annual permit renewal deadline is missed by a permittee, and the permittee wishes to use their property as an STR, the permittee must submit a new permit application through Munirevs. New permit applications are subject to a neighborhood notice and waitlists for STR-C permits in the order the application was received. Detailed information about renewal application availability and submission deadlines is e-mailed to the addresses on file for the user accounts linked to active STR accounts in Munirevs. The City of Aspen and its City of Aspen Short -Term Rental Guidelines Page 29 193 EXHIBIT A: Short-term Rental Program Guidelines, as amended. employees will not be responsible for missed account deadlines due to lack of account users or inaccurate user information. For more information about Munirevs and user accounts, see Section 7. Contact strs _ aspen.gov with any questions about how to renew an STR permit. City of Aspen Short -Term Rental Guidelines Page 30 194 EXHIPIT Short-term Rental Program Guidelines, as amended. Introduction to Munirevs Munirevs, powered by parent company GovOS, is the software the City of Aspen uses to grant STR permits, business licenses, and collect STR taxes owed to the City of Aspen. Anyone wishing to obtain an STR permit or- business license must register for an account through Munirevs. Once registered and logged in, an application may be submitted for the permit or license directly though Munirevs. Once a permit or license is issued to a user, the user will perform ongoing account maintenance tasks directly through Munirevs. These tasks include submitting monthly tax returns and tax payments, submitting renewal applications for the license or permit at the end of the year, paying for permit or license renewal fees, uploading supplemental documents requested by City staff, updating information about the STR Property or QOR, and more. How to Register for a User Account To register for a user account in Munirevs, follow these steps: Visit https://aspen.munirevs.com. Select "Go" under the "New Users" section. Enter the email address you'd like to register your account with. Verify the email address you entered by opening the email sent from Munirevs. Click the link in the email. Set up a password on the Munirevs website and complete your user profile information. Once your account is created, you will be asked if you have an existing business license OR if you have a new business and need to apply for a license or permit. For assistance with registering for a Munirevs account, contact: aspensalestax a aspen.gov. City of Aspen Short -Term Rental Guidelines Page 31 195 EXHIBIT A: Short term Rental Program Guidelines, as amended. User Account Information Once a user has registered for a user account in Munirevs, they can either submit a new application for a permit or license, or link to an existing business account. A user may be linked to more than one business account. The ability for a single user to In to multiple business accounts is helpful in situations where one person is the QOR for multiple STR properties, or where one person is responsible for submitting applications for multiple properties, or a single accountant manages taxes for more than one STR property. In any case, it's important that all stakeholders in any single STR business are registered as users on the Munirevs account for that property. The City of Aspen sends time -sensitive notices about permit renewals and tax filing deadlines to users linked to each STR account. Having multiple users registered for each STR account, though not required, helps ensure that notifications are received and responded to accordingly. It i strongly r©r rr endea G; rir itte aa c 9 ®° are liste 9 as :sers for all Munirevs V acc®ants ;Gaey are assoeiated witG o G is eaeG .r,a' G°p®nsibili go ensure their a -mail address i updat c9 in their Munirevs profile. The City of Aspen and its employees will not be responsible for missed account deadlines due to lack of account users, inaccurate user information, or non -receipt of courtesy notifications and reminders. All license, permit, and tax deadlines are outlined and enforced based on Municipal Code requirements. How to Link a User Account to an Existing Business Account If you have registered for a user account in Munirevs and want to link your user account to an existing business account for an STR property, follow these steps: Visit http as_p_en.munirevs.com and log into your user account. Once logged in, scroll to the section of your "Business Center" that says "Manage Your Account(s)." Click "Add or Remove accounts from your user login by clicking here." Click "I already have an existing business license." Enter the account's 6-digit license number and 6-digit activation code in the boxes. Click "lookup" to link to the account. Account numbers and activation codes are specific to each business account in the Munirevs system. If you do not know the account number and/or activation code for an account, please contact the owner/administrator of the account. For assistance finding these codes on your own account, please contact aspensalestax(c aspen.gov or STRs as epn•gov. Permission from an account owner will be required to share their activation code with any person not listed on the account. City of Aspen Short-Terir Rental Guidelines Page 32 196 EXHIBIT A. Short-term Rental Program Guidelines, as amended. Notifications and Open Tasks Munirevs sends e-mail "notifications" to users linked to STR business accounts. Notifications contain important information such as permit or license renewal deadlines, monthly tax reporting reminders, messages about program compliance, and more. These courtesy e-mail notifications are sent only to users linked to existing business accounts, and only to the e-mail address provided by the user in their user profile. Notifications alert users when there are "open tasks" on their STR business account(s)0 Open tasks are items that require the user's attention, such as tax forms, pending applications, returned payments, or other tasks assigned by City staff that must be completed by the user. Open tasks require a prompt response from account users, and if left unattended to, could result in late fees or permit abandonment. Open tasks should always be completed immediately. If you have questions about open tasks on your account, contact aspensalestaxCo aspen.gov. How to Access a Permit or License Document Munirevs users linked to STR business accounts have easy access to the active permit and license documents on those accounts. To access a permit or license on a Munirevs account, follow these steps: Visit https://aspen.munirevs.com and log into your user account. Click "Business Center" on the top left of the screen. Scroll down to the "Manage Your Account(s)" section and click the account you'd like to access. Find the "Licenses" section on the right side of the screen. Click the PDF icon next to any active license or permit to access the document (note: the license must be in Active status to access the document). Print or save the document to your device. For more Information about Munirevs_, please visit: htt s: aspen.goy/1498/Mun*RevsmTax-Filing-System---FAQ City of Aspen Short -Term Rental Guidelines Page 33 197 EXHIBIT A: ShortAerm Rental Program Guidelines, as amended. 198 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Emmy Oliver, Lodging and Commercial Core Program Manager THROUGH: Ben Anderson, Community Development Director MEMO DATE: February 18, 2025 MEETING DATE: February 24, 2025 RE: City Council Work Session Review of the Short-term Rental (STR) Program REQUEST OF COUNCIL: The purpose of this work session is to review Short-term Rental (STR) Program data, respond to Council’s questions about the STR Program, and to introduce policy topics for which Council may wish to explore Land Use Code (LUC) changes. Staff requests consensus Council direction for any STR program changes the Council desires for staff to pursue. SUMMARY AND BACKGROUND: In December of 2021, following an unprecedented expansion of the Aspen STR market during Covid-19, City Council passed Ordinance #26, Series of 2021, which instated a moratorium on the issuance of new STR permits (Exhibit A, Ordinance #26, Series of 2021). The moratorium was a direct response to escalated community concerns about the proliferation of STRs. Lasting approximately ten months, the moratorium provided space for staff to closely engage with the community and Council in the development of new regulations governing STRs in Aspen. At the beginning of the moratorium, five “problem statements” were identified by Council (Memo_Second Reading of Ordinance #09, Series of 2022). These problem statements guided staff’s work in developing the new STR policy: 1) STRs are a land use distinct from residential and lodge uses. Yet land use regulations do not make that distinction. This results in a variety of inequities and community impacts which our current system fails to address. 2) Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. 3) The community has not established review criteria to ensure basic health and safety standards for individual STRs, or to provide common expectations related to property management and guest behavior standards. 4) The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand. It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. 5) STRs, particularly in multi-family developments, have accelerated the transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge. 199 2 On June 28, 2022, Council adopted the new set of STR regulations in Ordinance #09, Series of 2022 (Exhibit C, Ordinance #09, Series of 2022). Ordinance #09 established definitions for STRs, a three-permit system, caps on STR-C permit availability, permitting requirements and fee structure, occupancy and operational standards, active enforcement, and a non-transferability clause. Staff began operating under the new regulations on October 1, 2022. In addition to the new land use regulations, City of Aspen voters approved excise taxes on STR revenue as codified in Resolution #106, Series of 2022 (Exhibit D, Resolution #106, Series of 2022). The following excise tax rates became effective for all STR stays commencing on or after May 1, 2023: • STR-C (investment properties): 10% excise tax • STR-OO and STR-LE (primary resident and lodge properties): 5% excise tax Council requested periodic updates about program functionality. Up to now, staff have provided those updates in the form of information-only memos. This will be the first Council Work Session to discuss performance and policy topics since the launch of the program. Essential Program Data Figure A. Annual STR Excise Tax Revenue by Permit Type Figure A shows STR excise tax revenue collected in 2023 and 2024. It is important to note that that 2023 figures only reflect eight (8) months of collections, and that December 2024 figures reflect unaudited collections and are still subject to change. STR-OO and STR-LE figures are combined because the tax rate is 5% for each of those permit types. STR excise tax revenue collected in 2023 totals $3,393,571. STR excise tax revenue collected in 2024 totals $6,937,942. STR excise tax revenue collected to date totals $10,331,513. $2,383,903 $1,009,668 $4,853,907 $2,084,035 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 STR-C STR-OO & LE 2023 2024 200 3 Figure B. Allocation of STR Excise Tax Revenue (2023-2024 combined) Aspen voters approved at least 70% of the STR excise tax revenue to be allocated to affordable housing development, and the remaining 30% to be allocated to environmental initiatives and infrastructure maintenance and repair. Of the remaining 30% of revenue, 75% is allocated to the Asset Management Plan Fund and 25% to the General Fund. Figure B illustrates the allocation of combined tax revenue from 2023 and 2024 to these City funds to date. Figure C. Annual Administrative Fee Revenue Figure C illustrates the administrative fee totals collected in 2023 and 2024. Administrative fees are paid by the applicant at the time a STR permit application is submitted. Asset Management Plan Fund $2,324,590 General Fund $774,864 Housing Development Fund $7,232,059 $422,120 $377,698 $0 $100,000 $200,000 $300,000 $400,000 $500,000 2023 2024 201 4 Figure D. Allocation of STR Administrative Fee Revenue (2023-2024 combined) Figure D shows how the administrative fees are allocated within the City organization. Revenue is split between Community Development, Finance, and the City Attorneys for staff labor. Administrative fees also offset the cost of the permitting and tax collection software utilized by customers and staff. Figure E. Number of STR Units from 2023-Present Figure E depicts the number of STR unit types from 2023 to present. A slight decline in all property types can be seen from 2023-2025, culminating in an 89% renewal rate for Classic properties, a 97% renewal rate for Lodging Exempt properties, and an 83% renewal rate for Owner Occupied properties. Overall, there has been an 8.9% decline in the total number of STRs since 2023. The decline can be attributed to some of the following factors: • Switch to long-term rentals, • Forfeiture of permits due to property sales, • Attrition of permits in capped zones, and • Decisions to stop renting on a short-term basis. City Attorney's Office $142,648 Finance Department $206,139 Community Development Department $451,031 740 392 76 698 385 72 658 379 63 0 100 200 300 400 500 600 700 800 STR-C STR-LE STR-OO 2023 2024 2025 202 5 STAFF DISCUSSION: During a November 2024 Council meeting, Councilors posed a series of questions to staff about the STR program. Answers to those questions follow. Question 1: In response to the Frias Properties representative’s public comments about the HOA signoff required for annual permit renewal, is there a way to simplify that process? Language requiring HOA approval was adopted in Ordinance #09, Series of 2022: “Permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application.” (Exhibit C, Ordinance #09, Series of 2022) Currently, a signature from an HOA representative is required with each new permit application, and updated signatures are required for annual permit renewal. Annual HOA signoffs are required by staff because HOAs have been known to change their STR permissions from year to year. Certainly, if Council directs staff to adjust the HOA signoff for renewal applications, staff could explore paths to ease the burden on HOA managers and simplify the permit renewal process. Question 2: Regarding outstanding applicants in the different zone districts, help us better understand what the STR market and those seeking permits that aren’t able to get them mean? Review the caps and outstanding applicants in different zones. What happens to people who apply but permits are unavailable? Ordinance #09 established limits on the maximum number of STR-C permits available in 14 of Aspen’s residential-serving zone districts (Exhibit C, Ordinance #09, Series of 2022). The purpose of the limits (AKA “caps”) is to curtail neighborhood impacts of STRs, limit conversion of long-term and owner-occupied housing to STRs, and distribute STR uses within appropriate zones throughout the community. Caps do not apply to STR-OO or STR-LE permits. Figure F: Permit Cap Analysis (as of 2/14/25) 0 0 0 46 0 5 0 1 0 4 0 0 0 00 20 40 60 80 100 120 140 160 180 200 AH MU NC R/MF R/MFA R-15 R-15A R-15B R-3 R-30 R-6 RR SCI SKI Permit Cap # Active Permits # Applications on Waitlist 203 6 Figure F illustrates the numbers of active and waitlisted STR-C accounts in all 14 (fourteen) capped zones, alongside the cap for each zone. There are currently waitlists for STR-C permits in 4 (four) of the fourteen (14) capped zones. Waitlist totals are shown by the numbers along the horizontal axis in Figure F. In 6 (six) of the 14 (fourteen) capped zones, the number of active permits is equal to the permit cap. When an STR-C permit application is received for a property in these zones, it is placed on a waitlist for the next available permit, which would be issued when an existing permit is relinquished by the owner. In 5 (five) of the fourteen (14) of capped zones, the number of active permits is less than the permit cap. STR-C permits are currently available to applicants without a waitlist in these zones. In 3 (three) out of fourteen (14) zones, the number of active permits is greater than the cap. In these zones (R/MF, R-30, and SCI), permits that predate the moratorium have not yet been reduced to the caps through attrition. Applications for STR-C permits are placed on waitlists in these zones, and new permits will be available once the number of active permits falls below the caps. Figure G. STR-C Waitlist Sizes, 2022-2025 Figure G illustrates the fluctuations in waitlists for STR-C permits. The R/MF waitlist, indicated by the line climbing steadily at the top half of Figure G, is the obvious outlier. Staff received twenty- 0 5 10 15 20 25 30 35 40 45 50 Oct-22 Jan-23 Apr-23 Jul-23 Oct-23 Jan-24 Apr-24 Jul-24 Oct-24 Jan-25 R-6 R-15 R-15B R-30 R/MF 204 7 two (22) applications for STR-C permits in R/MF zone within the first two (2) months of the program, and the waitlist has increased to forty-six (46) applications since 2022. The R-30 waitlist has also only increased in size since 2022; there are four (4) applicants on this waitlist currently. Due to the slow rates of permit attrition in these zones, no new permits have been issued in R-30 or R/MF since 2022. Dips in the lines, as shown for R-6, R-15, and R-15B zones, indicate reductions in the waitlist size at points when permits became available to applicants in the top positions for those zones. Question 3: Regarding STR violations, how many have been issued, what are the nature of the violations, where were they located, and were they licensed? Staff follows the City’s policy of progressive enforcement in responding to STR issues. In alignment with this policy, staff must first validate any alleged compliance issue before proceeding through enforcement steps. When an issue is validated, staff works with owners to educate them about how to come into compliance through a series of courtesy contacts and, if necessary, formal warnings. If the issue is not corrected after outreach and a formal warning, only then will a Notice of Violation (NOV) be issued to the property owner. The NOV is the last step in the enforcement process before a summons to court, fines, and/or jail time is imposed. Figure H. STR Compliance Summary, 2022-2025 The purpose of progressive enforcement is to encourage compliance through education rather than to impose punitive measures. As shown in Figure H, only 6% of alleged compliance issues at STR properties have resulted in NOVs. A total of three (3) NOVs have been issued to property owners for STR issues. While all the subject properties have subsequently come into compliance, details of those NOVs are as follows: • Two (2) for unpermitted STR use (R-6 and R/MF zones), and • One (1) for improper waste disposal that resulted in a wildlife intrusion at an STR- permitted property (R-6 zone). 0 10 20 30 40 50 60 # Issues Identified # Courtesy Outreach Contacts # Warnings Issued # Notices of Violation Issued 205 8 Figure I. Number of STR Compliance Issues Reported, 2022-2025 The public can report STR issues directly to City staff through the Aspen 311 Connect app. Staff also utilize active measures, such as reviewing internet advertisements, to detect issues at STR properties. As shown in Figure I, of the fifty-three (53) total compliance issues identified since 2022, 26% of those issues were nuisance-related (noise and smoke). Figure J. STR Compliance Issues by Zone District, 2022-2025 Figure J depicts the number of compliance issues reported per zone district. 81% of all issues were reported to have occurred in zones that are capped for STR-C permits. The majority of issues were reported for properties in the AH zone, however it should be noted that reports in AH were primarily for lighting- and nuisance-related issues at free-market properties. Question 4: How do STR tax collections compare to 2022 estimates? As mentioned previously, Aspen voters approved the STR excise tax in 2022 (Exhibit D, Resolution #106, Series of 2022). While estimating potential revenue for the first full year of the proposed tax, staff in 2022 were required to make many assumptions of the 2024 pool of STR permits, including: • The average nightly rental rate in 2024, 14 12 11 8 3 3 1 1 Nuisance No Permit Wildlife Intrusion Lighting Renter Complaint Waste Container HOA Approval Snow Removal 0 2 4 6 8 10 12 14 16 AH R-6 L R/MF MU R-15 R-15B R-30 206 9 • The distribution of STR-LE, STR-OO, and STR-C permits, • The number of permits in uncapped zones, • The pace of permit attrition in capped zones, and • The economic conditions that would exist in 2024. Staff added a buffer to the estimate of revenue to reflect these and other unknown factors, as well as to limit the need to seek additional direction from voters if collections surpassed an estimate that was too low. The 2022 estimate of 2024 STR excise tax collections combined from all three permit types was $9,140,000. The 2024 actual STR excise tax collections totaled $6,937,942. Question 5: Should we have an equal tax rate across all rentals of less than 30 days? Could the program be more successful if we rethought some initial assumptions about tax rates? Council considered the following factors when landing on differential tax rates for the three types of STR permits: • Community sentiment, • Delta in property taxation between residential and commercial properties, and • Delta in housing mitigation fees paid at time of development of commercial lodge properties. Prior to the 2022 STR tax ballot question, Frederick Polls conducted voter polling to understand voter acceptance of a new tax, the preferred taxation rate(s), and possible supported uses for the revenue. Of the 322 registered voters polled, 65% wanted investor-owned rentals (STR-C permits) to be taxed at a higher rate, while 35% of respondents wanted all STR permits to be taxed at the same rate. This community sentiment aligned with staff and consultant recommendations for STR-LE properties, which were historically used as lodge properties and had already paid affordable housing mitigation, to be taxed at a lower rate than properties with STR-C permits. STR-OO permits, which are intended for full time residents as an occasional source of supplemental income, also fell into the lower tax category since their community impacts would be less than those of the STR-C permits. Question 6: What are we learning about what's falling through the cracks? There's a way to create 31-day lease; is there any way to evaluate how much of that is happening? What are people doing to get around our regs? Short-term rentals are differentiated from long-term rentals by the length of stay. STRs are defined by stays of 29 days (or less) at a time, while rentals of 30 days (or more) at a time constitute long- term rentals. Long-term rental income is tax exempt, and while the City requests that long-term rental income is reported, the number of rental days per year is not a requirement for reporting. Long-term rental business licenses have increased overall in recent years, however it is difficult to assess whether the increase is due to an increase in long-term activity, an increase in reporting frequency, or an increase in compliance with licensing requirements. It should also be noted that some STR accounts hold long-term rental business licenses and STR permits at the same time. For these reasons, it is difficult to conclude that owners are scheduling long-term rentals in lieu of STRs. 207 10 Staff have received reports from members of the public about properties being rented as STRs without permits, however without definitive evidence that an STR is occurring (such as an advertisement for rental of less than 30 days), staff is unable to successfully pursue enforcement in those instances. As mentioned previously, staff have validated two instances of STRs occurring without permit. Those two properties were issued NOVs and have since come into compliance. Question 7: Is there empirical data to show how the program is preserving or generating housing for primary residents? It was an initial goal of the program. Can we demonstrate any results? In many communities pursuing STR regulation, the clearly stated desire has been to try to protect housing for locals. Due to the nature of Aspen's real estate and residential markets, it was clearly understood at the time Ordinance #09 was passed that the intentions were not to preserve actual housing units, but instead to reduce and mitigate the impacts of the STR as a growing land use type on the community. From problem statement 5, “STRs, particularly in multi-family developments, have accelerated a transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge.” Data to understand correlation from problem statement number 5 is hard to draw conclusions from, however staff would reference the low number of enforcement cases against STRs as evidence that community impacts are being mitigated. Though the program does not directly preserve or generate housing for locals, 70% of STR excise tax revenue is allocated to funding affordable housing for locals ($7,232,059 to date). These funds are direct contributions to the cost of housing stock for primary residents. STAFF OBSERVATIONS AND REQUESTS FOR DIRECTION Over the last two years of program operation, staff have identified several recurring and potentially problematic themes within the STR regulations. The following topics are the primary sources of concern for program participants (and in some cases, staff). Staff requests Council majority direction as to Council’s desire to explore code updates for the following topics. Non-Transferability Language STR permits may only be issued to one individual owner with at least 10% interest in the STR property. Permits are non-transferable to other individuals or properties and are terminated and revoked upon a property sale. Non-transferability provisions support the attrition of permits in capped zones and subsequent movement of applications on waitlists, and they give new property owners a chance to obtain a permit where they may otherwise be monopolized if transfers were allowed between owners. Non-transferability of permits is a major concern for permittees engaged in estate planning. Many married couples rely heavily on income from STR properties, and if a spouse who is named on an STR permit passes away, the surviving spouse must apply to obtain an entirely new permit and could be subject to waiting periods for such permit. Staff have received frequent requests for the ability to transfer an STR permit to the surviving spouse in the event of the death of a permittee. Question 1 for Council: Does Council desire to update non-transferability language so that a permit may be transferred to a spouse in the event of death of the permit holder? 208 11 Permit Cap in R/MF Zone The R/MF zone has the largest waitlist of any capped zone (see Figure G). Due to the slow rate of permit attrition in R/MF, staff estimates it may take up to two more years until a STR-C permit becomes available to the first applicant on the waiting list for permits in R/MF. Staff often receive questions from real estate professionals and potential buyers about whether the limits on the number of STR-C permits will be raised or eliminated altogether in the R/MF zone due to the slow rate of attrition and related large waitlist size. Question 2 for Council: Does Council wish to adjust or eliminate the cap on STR-C permits in the R/MF zone district? Permit Application Requirements: Public Notice and HOA Affidavit To help mitigate the impacts of STRs on surrounding properties, all new STR properties must complete a public notice prior to approval of the permit. Notices are posted on STR properties and mailed to surrounding neighbors. Staff has received feedback that the mailing of notices produces excessive paper waste, and that notices should be sent virtually instead of through paper mail (though virtual notice is not permitted by the land use code). Property owners receiving notices in uncapped zones, where STR activity is heavily concentrated, have indicated that notices are entirely unnecessary because STR activity is both assumed and widespread. STR code does not delineate between sending notices in some but not all zone districts. Question 3 for Council: Does Council desire to revise the public notice requirement to exempt properties in zones where caps on STR-C permits do not exist? An HOA affidavit is a required submission with any STR permit application. The affidavit notifies an HOA that an owner is applying for STR permit, and it absolves the City of interpreting or applying HOA rules. If a property is subject to an HOA, the signature of an HOA member is required on the affidavit. Staff and Council have heard requests that this requirement be adjusted or removed altogether as it produces a significant burden on managers of large HOAs during the annual permit renewal process. Question 4 for Council: Does Council wish to eliminate the need for the signature of an HOA member on STR permit renewal applications? Tax Filing Requirement STR owners must demonstrate that they have utilized their STR permit at least once per calendar year to be able to renew their permit for the following year. Permit use is verified via an account’s tax filings when an owner applies to renew the permit, and accounts with $0 in tax filings are ineligible to renew the permit. This policy encourages owners to obtain permits only when necessary, and helps ensure that attrition of permits occurs in zones where permits are limited, and waitlists may be in effect. Some STR owners have expressed frustration at the inability to utilize their permits while their property is under construction for renovation. These owners have requested exemptions from this rule, so they do not forfeit a permit due to upgrading the property and being unable to take rentals during that time. The STR code does not provide any exemptions for tax filing requirements. 209 12 Question 5 for Council: Would Council like to revise the tax filing requirement to exempt permitted properties that are under construction and unable to engage in short-term rentals for an entire calendar year? Advertising Platform Accountability The majority of staff’s active enforcement work involves the attempt to identify illegal STRs in the community. To achieve this, advertisements on internet rental platforms are reviewed to verify that the properties are permitted. To aid in the identification of permitted properties, STR operators are required to post STR permit numbers in all ads of the property. STR permit numbers are absent from approximately 40% of online STR advertisements in Aspen. Also absent from many of the same ads is identifying information for the property owner or address, which makes verification of the legality of the STR extremely difficult. Even though the property owner is responsible for compliance with these requirements, in many cases, staff cannot identify the owner to hold them accountable. A handful of Colorado municipalities are combatting this issue by holding advertising platforms accountable for publishing only compliant advertisements on their websites. In these instances, when a municipality finds an STR ad that is out of compliance with its regulations, staff contact the website directly to request that the ad is either brought into compliance or removed from the site. Staff are confident that the overall compliance of internet advertisements (and illegal STR advertisements) would increase dramatically if Aspen adopted a similar approach. Question 6 for Council: Is Council open to revising Aspen’s requirements to hold STR booking platforms accountable for posting only ads that clearly show valid STR permit numbers for the STR property? “Run Out” Period for STR Bookings Non-transferability language in Ordinance #09 states that STR permits are forfeited upon the sale of a property and may not be transferred to a new owner when a property transaction occurs. One issue noted consistently by the rental community is that when a STR property sells, and the seller has pre-existing binding contracts for rentals that begin after the sale of the property, there is no mechanism for the new property owner to honor the contracts made by the previous owner. Rental professionals have often asked for a “run-out” period or permit type to allow new property owners to honor contracts from the old owners. Potential consequences of these situations for the seller and new buyer include financial liability to their customers, damage to the reputation of rental agencies involved, and compliance issues for new property owners choosing to honor the existing rentals before a permit is rightfully obtained. This topic was presented during a Council Work Session in 2022 at the request of the lodging community (Exhibit F, Memo_STR Run-out Work Session). A Council majority decided that the City should not be the arbiter of such situations involving property transactions and contracts that the City is not a party to. Staff continues to believe that regulating these “run-out” instances puts the City in a difficult situation to evaluate the unique circumstances of each situation, and that offering a “run-out” period for each permit would raise equity issues for applications that have been on waitlists for permits. Due to the frequency with which these “run-out” questions are received, staff is noting this issue purely for Council’s awareness. 210 13 POLICY / REGULATORY TOPICS IN SUMMARY: Staff desires a Council majority position on each of these topics for further staff exploration and possible future code amendments: 1. Does Council desire to update non-transferability language so that a permit may be transferred to a spouse in the event of death of the permit holder? 2. Does Council wish to adjust or eliminate the cap on STR-C permits in the R/MF zone district? 3. Would Council like to revise the public notice requirement to exempt properties in zones where caps on STR-C permits do not exist? 4. Does Council desire to eliminate the need for the signature of an HOA member on STR permit renewal applications? 5. Would Council like to revise the tax filing requirement to exempt properties that are under construction and unable to engage in short-term rentals for an entire calendar year? 6. Is Council open to revising compliance requirements to hold STR booking platforms accountable for posting only compliant ads that show permit numbers for the STR property? Are there any other topics not listed here that a Council majority would like to explore further? CITY MANAGER COMMENTS: EXHIBITS: Exhibit A – Ordinance #26, Series of 2021 Exhibit B – Memo_Second Reading of Ordinance #09, Series of 2022 Exhibit C - Ordinance #09, Series of 2022 Exhibit D - Resolution #106, Series of 2022 Exhibit E – Memo_STR Tax Polling Results and Next Steps Exhibit F – Memo_STR Run-out Work Session 211 RESOLUTION #077 SERIES OF 2025 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES AUTHORIZING AMENDMENTS TO THE LAND USE CODE RELATED TO SECTION 26.104.100 - DEFINITIONS AND SECTION 26.530 - SHORT-TERM RENTAL REGULATIONS WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate the process of amending the City of Aspen Land Use Code; and, WHEREAS, Section 26.104.100, Definitions; Section 26.530, Short-term Rental Regulations; and other sections of the Land Use Code, as necessary, will be proposed for amendments; and, WHEREAS, pursuant to Section 26.310.020(A), during a regular City Council meeting on December 14, 2021, City Council adopted Ordinance #026, Series of 2021, by a unanimous affirmative vote placing, a moratorium on the issuance of new short-term rental (STR) permits until September 30, 2022; and, WHEREAS, during a regular meeting on March 22, 2022, City Council adopted Policy Resolution #043, Series of 2022, directing staff to develop regulations for STRs related to zoning, good neighbor policies, operational standards, life safety standards, permitting, financials, and enforcement; and, WHEREAS, during a regular meeting on June 28, 2022, City Council approved Ordinance 09, Series of 2022 at Second Reading by a unanimous affirmative vote, establishing a robust set of regulations governing the licensing, permitting, capping, inspecting, enforcing, and creation of a new fee structure for services performed for STRs; and, WHEREAS, Ordinance #09, Series of 2022 became effective on July 29, 2022, and at the expiration of the moratorium created by Ordinance #026, Series of 2022, the City began issuing new STR permits on October 1, 2022; and, WHEREAS, during a Work Session on February 24, 2025, staff updated City Council on the STR program, and during that meeting received majority direction from City Council to proceed with exploring policy updates for administrative topics and future policy related topics related to streamlining STR permit application requirements, increasing compliance with existing regulations, providing exemptions for unique circumstances unaccounted for in the current STR regulations, and the R/MF Zone District permit cap number; and, WHEREAS, amending the Land Use Code as described below will ensure the ongoing effectiveness, coordination, and viability of the regulations within the City of Aspen Land Use Code; and, Resolution #077, Series of 2025 Land Use Code Amendments Policy Resolution Page 1 of 4 212 WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department, following approval of this Policy Resolution, will conduct a limited public outreach effort to inform the public, STR program participants, the Historic Planning Commission, the Planning and Zoning Commission, and members of the STR Technical Advisory Committee of the proposed updates; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 24, 2025, the City Council approved Resolution #077, Series of 2025, by a five to zero (5-0) vote, requesting a code amendment to the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1 City Council approves the following objectives for possible code amendments: 1. Streamline the STR permit application process and provide increased clarity and detail around application requirements. a. Modify the public notice requirements for new STR permit applications when the property is in a Zone District that does not have a cap on the number of available STR permits. Updated requirements would remove the mailing notice and require a poster notice only (Section 26.530.040 - Permit Procedures and Standards). b. Eliminate the requirement for a signed letter from a property's Homeowner's Association (HOA) on annual STR permit renewal applications Section 26.530.040 - Permit Procedures and Standards). c. Add language to specify that STR permit renewal applications must be complete to be accepted by the City (Section 26.530.040 - Permit Procedures and Standards). Add language stating that falsification of information on STR permit applications is against municipal law (Section 26.530.060 - Enforcement). 2. Provide exemptions for unique circumstances that are not accounted for in current STR regulations. a. Modify the tax filing requirement to provide a one-time exemption for permittees with active building permits. Provide an additional exemption to the tax filing requirement for "act of nature" emergencies. (Section 26.530.040 - Permit Procedures and Standards). Resolution #077, Series of 2025 Land Use Code Amendments Policy Resolution Page 2 of 4 213 b. Modify the non -transferability clause to provide an exemption in the case of permittee death, whereby a deceased's STR permit may be transferred to a person designated on the permittee's estate planning documents (26.530.030 - Permitting Requirements and 26.530.040 - Permit Procedures and Standards). c. Create a fourth Short-term Rental Temporary (STR-T) permit type that allows a new property owner to honor STR booking agreements made by the previous property owner for a period of not more than three (3) months after the sale of the property has occurred (26.530.030 - Permitting Requirements, 26.530.040 - Permit Procedures and Standards, 26.530.050 - Occupancy and Operational Standards). 3. Increase compliance with and provide additional avenues for enforcement of existing STR advertising requirements. a. Add definition for "Vacation Rental Service" (26.104.100 -Definitions). b. Add language requiring Vacation Rental Services to take down advertisements of STRs located within the City of Aspen that do not comply with the City's STR advertising requirements (26.530.050 - Occupancy and Operational Standards). c. Add language requiring Vacation Rental Services to enable a mandatory permit number field on STR advertising templates for properties in the City of Aspen, where applicable (26.530.050 - Occupancy and Operational Standards). d. Create a new code subsection that clearly outlines existing permittee advertising requirements in addition to Vacation Rental Service advertising requirements (26.530.050 - Occupancy and Operational Standards). e. Correct the misspelling of "complaint" (26.530.060 - Enforcement). 4. Allow for future amendments related to the R/MF Zone District. Section 2• 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 3: 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 24th day of J ne, Rachael ichards, Mayor Resolution #077, Series of 2025 Land Use Code Amendments Policy Resolution Page 3 of 4 214 ATTESY: APPROVED AS TO FORM: Nicole Henning, City Clerk K harme Joh City Attorney Resolution #077, Series of 2025 Land Use Code Amendments Policy Resolution Page 4 of 4 215 TO: FROM: THROUGH: MEMO DATE: MEETING DATE: RE: MEMORANDUM Mayor Torre and Aspen City Council Emmy Oliver, Lodging and Commercial Core Program Manager Ben Anderson, Community Development Director February 18, 2025 February 24, 2025 City Council Work Session Review of the Short-term Rental (STR) Program REQUEST OF COUNCIL: The purpose of this work session is to review Short-term Rental (STR) Program data, respond to Council's questions about the STR Program, and to introduce policy topics for which Council may wish to explore Land Use Code (LUC) changes. Staff requests consensus Council direction for any STR program changes the Council desires for staff to pursue. SUMMARY AND BACKGROUND: In December of 2021, following an unprecedented expansion of the Aspen STR market during Covid-19, City Council passed Ordinance #26, Series of 2021, which instated a moratorium on the issuance of new STR permits (Exhibit A, Ordinance #26, Series of 2021). The moratorium was a direct response to escalated community concerns about the proliferation of STRs. Lasting approximately ten months, the moratorium provided space for staff to closely engage with the community and Council in the development of new regulations governing STRs in Aspen. At the beginning of the moratorium, five "problem statements" were identified by Council Memo _Second Reading of Ordinance #09, Series of 2022). These problem statements guided staff's work in developing the new STR policy: 1) STRs are a land use distinct from residential and lodge uses. Yet land use regulations do not make that distinction. This results in a variety of inequities and community impacts which our current system fails to address. 2) Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. 3) The community has not established review criteria to ensure basic health and safety standards for individual STRs, or to provide common expectations related to property management and guest behavior standards. 4) The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand. It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. 5) STRs, particularly in multi -family developments, have accelerated the transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge. 216 On June 28, 2022, Council adopted the new set of STR regulations in Ordinance #09, Series of 2022 (Exhibit C, Ordinance #09, Series of 2022). Ordinance #09 established definitions for STRs, a three -permit system, caps on STR-C permit availability, permitting requirements and fee structure, occupancy and operational standards, active enforcement, and a non -transferability clause. Staff began operating under the new regulations on October 1, 2022. In addition to the new land use regulations, City of Aspen voters approved excise taxes on STR revenue as codified in Resolution #106, Series of 2022 (Exhibit D, Resolution #106, Series of 2022). The following excise tax rates became effective for all STR stays commencing on or after May 1, 2023: STR-C (investment properties): 10% excise tax STR-00 and STR-LE (primary resident and lodge properties): 5% excise tax Council requested periodic updates about program functionality. Up to now, staff have provided those updates in the form of information -only memos. This will be the first Council Work Session to discuss performance and policy topics since the launch of the program. Essential Program Data 8,000,000 7,000,000 4,8531907 6,000,000 5,000,000 4,000,000 3,000,000 2,084,035 2,383,903 z,000,000- 15009,668 1,000,000 0 STR-C STR-00 & LE 2023 1,12024 Figure A. Annual STR Excise Tax Revenue by Permit Type Figure A shows STR excise tax revenue collected in 2023 and 2024. It is important to note that that 2023 figures only reflect eight (8) months of collections, and that December 2024 figures reflect unaudited collections and are still subject to change. STR-00 and STR-LE figures are combined because the tax rate is 5% for each of those permit types. STR excise tax revenue collected in 2023 totals $3,393,571. STR excise tax revenue collected in 2024 totals $6,937,942. STR excise tax revenue collected to date totals $10,331,513. 2 217 Housing Development Fund 7,232,059 Asset Management Plan Fund 25324,590 Iqk General Fund 774,864 Figure E. Allocation of STR Excise Tax Revenue (2023-2024 combined) Aspen voters approved at least 70% of the STR excise tax revenue to be allocated to affordable housing development, and the remaining 30% to be allocated to environmental initiatives and infrastructure maintenance and repair. Of the remaining 30% of revenue, 75% is allocated to the Asset Management Plan Fund and 25% to the General Fund. Figure B illustrates the allocation of combined tax revenue from 2023 and 2024 to these City funds to date. 500,000 4225120 400,000 $3775698 -- 300,000 2007000 1007000 0 2023 2024 Figure C. Annual Administrative Fee Revenue Figure C illustrates the administrative fee totals collected in 2023 and 2024. Administrative fees are paid by the applicant at the time a STR permit application is submitted. 3 218 City Attorney's Office 142, 648 Community Development Department 451,031 Finance Department 206,139 Figure D. Allocation of STR Administrative Fee Revenue (2023-2024 combined) Figure D shows how the administrative fees are allocated within the City organization. Revenue is split between Community Development, Finance, and the City Attorneys for staff labor. Administrative fees also offset the cost of the permitting and tax collection software utilized by customers and staff. 800 740 700 698 658 600 500 400 392 385 379 300 200 100 76 72 63 Not STR-C STR-LE STR-00 12023 i 12024 2025 Figure E. Number of STR Units from 2023-Present Figure E depicts the number of STR unit types from 2023 to present. A slight decline in all property types can be seen from 2023-2025, culminating in an 89% renewal rate for Classic properties, a 97% renewal rate for Lodging Exempt properties, and an 83% renewal rate for Owner Occupied properties. Overall, there has been an 8.9% decline in the total number of STRs since 2023. The decline can be attributed to some of the following factors: Switch to long-term rentals, Forfeiture of permits due to property sales, Attrition of permits in capped zones, and Decisions to stop renting on a short-term basis. 219 STAFF DISCUSSION: During a November 2024 Council meeting, Councilors posed a series of questions to staff about the STR program. Answers to those questions follow. Question 1: In response to the Frias Properties representative's public comments about the HOA signoff required for annual permit renewal, is there a way to simplify that process? Language requiring HOA approval was adopted in Ordinance #09, Series of 2022: "Permit applications for residential properties which are in a Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR in the form of a signed letter, including telephone and email contact information for the HOA, with the permit application." (Exhibit C, Ordinance #09, Series of 2022) Currently, a signature from an HOA representative is required with each new permit application, and updated signatures are required for annual permit renewal. Annual HOA signoffs are required by staff because HOAs have been known to change their STR permissions from year to year. Certainly, if Council directs staff to adjust the HOA signoff for renewal applications, staff could explore paths to ease the burden on HOA managers and simplify the permit renewal process. Question 2: Regarding outstanding applicants in the different zone districts, help us better understand what the STR market and those seeking permits that aren't able to get them mean? Review the caps and outstanding applicants in different zones. What happens to people who apply but permits are unavailable? Ordinance #09 established limits on the maximum number of STR-C permits available in 14 of Aspen's residential -serving zone districts (Exhibit C, Ordinance #09, Series of 2022). The purpose of the limits (AKA "caps") is to curtail neighborhood impacts of STRs, limit conversion of long-term and owner -occupied housing to STRs, and distribute STR uses within appropriate zones throughout the community. Caps do not apply to STR-00 or STR-LE permits. 200 180 _ 160 140 120 - 100 _ _.n 80 60 6- 40 _ - -- 20 0 0 0 0 5 0 1 0 4 0 0 0 0 AH MU NC R/MF R/MFA R-15 R-15A R-15B R-3 R-30 R-6 RR SCI SKI Permit Cap Active Permits i # Applications on Waitlist Figure F: Permit Cap Analysis (as of 2/14/25) 5 220 Figure F illustrates the numbers of active and waitlisted STR-C accounts in all 14 (fourteen) capped zones, alongside the cap for each zone. There are currently waitlists for STR-C permits in 4 (four) of the fourteen (14) capped zones. Waitlist totals are shown by the numbers along the horizontal axis in Figure F. In 6 (six) of the 14 (fourteen) capped zones, the number of active permits is equal to the permit cap. When an STR-C permit application is received for a property in these zones, it is placed on a waitlist for the next available permit, which would be issued when an existing permit is relinquished by the owner. In 5 (five) of the fourteen (14) of capped zones, the number of active permits is less than the permit cap. STR-C permits are currently available to applicants without a waitlist in these zones. In 3 (three) out of fourteen (14) zones, the number of active permits is greater than the cap. In these zones (R/MF, R-30, and SCI), permits that predate the moratorium have not yet been reduced to the caps through attrition. Applications for STR-C permits are placed on waitlists in these zones, and new permits will be available once the number of active permits falls below the caps. 50 45 40 35 30 25 20 15 10 IN 4000 0 Oct-22 Jan-23 Apr-23 Jul-23 Oct-23 Jan-24 Apr-24 Jul-24 Oct-24 Jan-25 R-6 R-15 , R-15B R-30 --, R/M F Figure G. STR-C Waitlist Sizes, 2022-2025 Figure G illustrates the fluctuations in waitlists for STR-C permits. The R/MF waitlist, indicated by the line climbing steadily at the top half of Figure G, is the obvious outlier. Staff received twenty- 221 two (22) applications for STR-C permits in R/MF zone within the first two (2) months of the program, and the waitlist has increased to forty-six (46) applications since 2022. The R-30 waitlist has also only increased in size since 2022; there are four (4) applicants on this waitlist currently. Due to the slow rates of permit attrition in these zones, no new permits have been issued in R-30 or R/MF since 2022. Dips in the lines, as shown for R-6, R-15, and R-15B zones, indicate reductions in the waitlist size at points when permits became available to applicants in the top positions for those zones. Question 3: Regarding STR violations, how many have been issued, what are the nature of the violations, where were they located, and were they licensed? Staff follows the City's policy of progressive enforcement in responding to STR issues. In alignment with this policy, staff must first validate any alleged compliance issue before proceeding through enforcement steps. When an issue is validated, staff works with owners to educate them about how to come into compliance through a series of courtesy contacts and, if necessary, formal warnings. If the issue is not corrected after outreach and a formal warning, only then will a Notice of Violation (NOV) be issued to the property owner. The NOV is the last step in the enforcement process before a summons to court, fines, and/or jail time is imposed. 60 50 40 30 20 10 x 1 lam. 3 J ,,,,,,;;,,l... Issues Courtesy # Warnings # Notices of Identified Outreach Issued Violation Contacts Issued Figure H. STR Compliance Summary, 2022-2025 The purpose of progressive enforcement is to encourage compliance through education rather than to impose punitive measures. As shown in Figure H, only 6% of alleged compliance issues at STR properties have resulted in NOVs. A total of three (3) NOVs have been issued to property owners for STR issues. While all the subject properties have subsequently come into compliance, details of those NOVs are as follows: Two (2) for unpermitted STR use (R-6 and R/MF zones), and One (1) for improper waste disposal that resulted in a wildlife intrusion at an STR- permitted property (R-6 zone). 7 222 Nuisance No Permit - i Wildlife Intrusion Lighting Renter Complaint Waste Container HOA Approval Snow Removal Figure I. Number of STR Compliance Issues Reported, 2022-2025 The public can report STR issues directly to City staff through the Aspen 311 Connect app. Staff also utilize active measures, such as reviewing internet advertisements, to detect issues at STR properties. As shown in Figure I, of the fifty-three (53) total compliance issues identified since 2022, 26% of those issues were nuisance -related (noise and smoke). 16 14 12 10 8 6 4 0 AH R-6 L R/MF MU R-15 R-15B R-30 Figure J. STR Compliance Issues by Zone District, 2022-2025 Figure J depicts the number of compliance issues reported per zone district. 81 % of all issues were reported to have occurred in zones that are capped for STR-C permits. The majority of issues were reported for properties in the AH zone, however it should be noted that reports in AH were primarily for lighting- and nuisance -related issues at free-market properties. Question 4: How do STR tax collections compare to 2022 estimates? As mentioned previously, Aspen voters approved the STR excise tax in 2022 (Exhibit D, Resolution #106, Series of 2022). While estimating potential revenue for the first full year of the proposed tax, staff in 2022 were required to 'make many assumptions of the 2024 pool of STR permits, including: The average nightly rental rate in 2024, 223 The distribution of STR-LE, STR-00, and STR-C permits, The number of permits in uncapped zones, The pace of permit attrition in capped zones, and The economic conditions that would exist in 2024. Staff added a buffer to the estimate of revenue to reflect these and other unknown factors, as well as to limit the need to seek additional direction from voters if collections surpassed an estimate that was too low. The 2022 estimate of 2024 STIR excise tax collections combined from all three permit types was 9,140,000. The 2024 actual STIR excise tax collections totaled $6,937,942. Question 5: Should we have an equal tax rate across all rentals of less than 30 days? Could the program be more successful if we rethought some initial assumptions about tax rates? Council considered the following factors when landing on differential tax rates for the three types of STIR permits: Community sentiment, Delta in property taxation between residential and commercial properties, and Delta in housing mitigation fees paid at time of development of commercial lodge properties. Prior to the 2022 STIR tax ballot question, Frederick Polls conducted voter polling to understand voter acceptance of a new tax, the preferred taxation rate(s), and possible supported uses for the revenue. Of the 322 registered voters polled, 65% wanted investor -owned rentals (STR-C permits) to be taxed at a higher rate, while 35% of respondents wanted all STIR permits to be taxed at the same rate. This community sentiment aligned with staff and consultant recommendations for STR-LE properties, which were historically used as lodge properties and had already paid affordable housing mitigation, to be taxed at a lower rate than properties with STR-C permits. STR-00 permits, which are intended for full time residents as an occasional source of supplemental income, also fell into the lower tax category since their community impacts would be less than those of the STR-C permits. Question 6: What are we learning about what's falling through the cracks? There's a way to create 31-day lease; is there any way to evaluate how much of that is happening? What are people doing to get around our regs? Short-term rentals are differentiated from long-term rentals by the length of stay. STRs are defined by stays of 29 days (or less) at a time, while rentals of 30 days (or more) at a time constitute long- term rentals. Long-term rental income is tax exempt, and while the City requests that long-term rental income is reported, the number of rental days per year is not a requirement for reporting. Long-term rental business licenses have increased overall in recent years, however it is difficult to assess whether the increase is due to an increase in long-term activity, an increase in reporting frequency, or an increase in compliance with licensing requirements. It should also be noted that some STIR accounts hold long-term rental business licenses and STIR permits at the same time. For these reasons, it is difficult to conclude that owners are scheduling long-term rentals in lieu of STRs. 0 224 Staff have received reports from members ofthe public about properties being rented osSTRa without permits, however without definitive evidence that an 8TR is occurring (such as an advertisement for rental of less than 30 days), staff is unable to successfully pursue enforcement in those instances. As mentioned previously, staff have validated two instances of STRs occurring without permit. Those two properties were issued NOVs and have since come into compliance. Question 7:&s theme empirical data to show how the program is preserving or generating housing for primary residents? It was an initial goal of the program. Can we demonstrate any results? In many communities pursuing STR regulation, the clearly stated desire has been to try to protect housing for locals. Due to the nature of Aspen's real estate and residential markets, it was clearly understood at the time Ordinance #09 was passed that the intentions were not to preserve actual housing units, but instead to reduce and mitigate the impacts ofthe STRoaagrowing land use type on the community. From problem statement 5, STRo / n developments, have accelerated a/nano i»n of many housing units that previously were owned or rented by working locals into de too/o lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge." Data to understand correlation from problem statement number 5 is hard to draw conclusions from, however staff would reference the |ovv number ofenforcement cases against STHa as evidence that community impacts are being mitigated. Though the program does not directly preserve or generate housing for locals, 70% of STR excise tax revenue is allocated to funding affordable housing for locals ($7,232,059 to date). These funds are direct contributions to the cost of housing stock for primary residents. STAFF OBSERVATIONS AND REQUESTS FOR DIRECTION Over the last two years of program operation, staff have identified several recurring and potentially problematic themes within the 8TR regulations. The following topics are the primary sources of concern for program participants (and in some cases, staff). Staff requests Council majority direction as to Counoi|'m desire to explore code updates for the following topics. Non - Transferability Language STR permits may only be issued to one individual owner with at least 10% interest in the STR property. Permits are non -transferable toother individuals or properties and are terminated and revoked upon a property sale. Non -transferability provisions support the attrition of permits in capped zones and subsequent movement of applications on waitlists, and they give new property owners a chance to obtain a permit where they may otherwise be monopolized if transfers were allowed between owners. Non -transferability ofpermits hsomajor oonoernforpennktees engaged inestate planning. Many married couples rely heavily on income from STR properties, and if a spouse who is named on on STR permit passes away, the surviving spouse must apply to obtain an entirely new permit and could be subject towaiting periods for such permit. Staff have received frequent requests for the ability to transfer an Sl[R permit to the surviving spouse in the event of the death of a permittee. Question I for Council: Does Council desire to update non-transferabifity language so that a permit may be transferred tomspouse in the event of death of the permit holder? 225 Permit Cap in R/MF Zone The R/MF zone has the largest waitlist of any capped zone (see Figure G). Due to the slow rate of permit attrition in R/MF, staff estimates it may take up to two more years until a STR-C permit becomes available to the first applicant on the waiting list for permits in R/MF. Staff often receive questions from real estate professionals and potential buyers about whether the limits on the number of STR-C permits will be raised or eliminated altogether in the R/MF zone due to the slow rate of attrition and related large waitlist size. Question 2 for Council: Does Council wish to adjust or eliminate the cap on STR-C permits in the R/MF zone district? Permit Application Requirements: Public Notice and HOA Affidavit To help mitigate the impacts of STRs on surrounding properties, all new STIR properties must complete a public notice prior to approval of the permit. Notices are posted on STIR properties and mailed to surrounding neighbors. Staff has received feedback that the mailing of notices produces excessive paper waste, and that notices should be sent virtually instead of through paper mail (though virtual notice is not permitted by the land use code). Property owners receiving notices in uncapped zones, where STIR activity is heavily concentrated, have indicated that notices are entirely unnecessary because STIR activity is both assumed and widespread. STIR code does not delineate between sending notices in some but not all zone districts. Question 3 for Council: Does Council desire to revise the public notice requirement to exempt properties in zones where caps on STR-C permits do not exist? An HOA affidavit is a required submission with any STIR permit application. The affidavit notifies an HOA that an owner is applying for STIR permit, and it absolves the City of interpreting or applying HOA rules. If a property is subject to an HOA, the signature of an HOA member is required on the affidavit. Staff and Council have heard requests that this requirement be adjusted or removed altogether as it produces a significant burden on managers of large HOAs during the annual permit renewal process. Question 4 for Council: Does Council wish to eliminate the need for the signature of an HOA member on STR permit renewal applications? Tax Filing Requirement STIR owners must demonstrate that they have utilized their STIR permit at least once per calendar year to be able to renew their permit for the following year. Permit use is verified via an account's tax filings when an owner applies to renew the permit, and accounts with $0 in tax filings are ineligible to renew the permit. This policy encourages owners to obtain permits only when necessary, and helps ensure that attrition of permits occurs in zones where permits are limited, and waitlists may be in effect. Some STIR owners have expressed frustration at the inability to utilize their permits while their property is under construction for renovation. These owners have requested exemptions from this rule, so they do not forfeit a permit due to upgrading the property and being unable to take rentals during that time. The STIR code does not provide any exemptions for tax filing requirements. 11 226 Question 5 for Council: Would Council like to revise the tax filing requirement to exempt permitted properties that are under construction and unable to engage in short-term rentals for an entire calendar year? Advertising Platform Accountability The majority of staff's active enforcement work involves the attempt to identify illegal STRs in the community. To achieve this, advertisements on internet rental platforms are reviewed to verify that the properties are permitted. To aid in the identification of permitted properties, STR operators are required to post STR permit numbers in all ads of the property. STR permit numbers are absent from approximately 40% of online STR advertisements in Aspen. Also absent from many of the same ads is identifying information for the property owner or address, which makes verification of the legality of the STR extremely difficult. Even though the property owner is responsible for compliance with these requirements, in many cases, staff cannot identify the owner to hold them accountable. A handful of Colorado municipalities are combatting this issue by holding advertising platforms accountable for publishing only compliant advertisements on their websites. In these instances, when a municipality finds an STR ad that is out of compliance with its regulations, staff contact the website directly to request that the ad is either brought into compliance or removed from the site. Staff are confident that the overall compliance of internet advertisements (and illegal STR advertisements) would increase dramatically if Aspen adopted a similar approach. Question 6 for Council: Is Council open to revising Aspen's requirements to hold STR booking platforms accountable for posting only ads that clearly show valid STR permit numbers for the STR property? Run Out" Period for STR Bookings Non -transferability language in Ordinance #09 states that STR permits are forfeited upon the sale of a property and may not be transferred to a new owner when a property transaction occurs. One issue noted consistently by the rental community is that when a STR property sells, and the seller has pre-existing binding contracts for rentals that begin after the sale of the property, there is no mechanism for the new property owner to honor the contracts made by the previous owner. Rental professionals have often asked for a "run -out" period or permit type to allow new property owners to honor contracts from the old owners. Potential consequences of these situations for the seller and new buyer include financial liability to their customers, damage to the reputation of rental agencies involved, and compliance issues for new property owners choosing to honor the existing rentals before a permit is rightfully obtained. This topic was presented during a Council Work Session in 2022 at the request of the lodging community (Exhibit F, Memo _STR Run -out Work Session). A Council majority decided that the City should not be the arbiter of such situations involving property transactions and contracts that the City is not a party to. Staff continues to believe that regulating these "run -out" instances puts the City in a difficult situation to evaluate the unique circumstances of each situation, and that offering a "run -out" period for each permit would raise equity issues for applications that have been on waitlists for permits. Due to the frequency with which these "run -out" questions are received, staff is noting this issue purely for Council's awareness. 12 227 POLICY / REGULATORY TOPICS IN SUMMARY: Staff desires a Council majority position on each of these topics for further staff exploration and possible future code amendments: 1. Does Council desire to update non -transferability language so that a permit may be transferred to a spouse in the event of death of the permit holder? 2. Does Council wish to ad'lust or eliminate the cap on STR-C permits in the R/MF zone district? 3. Would Council like to revise the public notice requirement to exempt properties in zones where caps on STR-C permits do not exist? 4. Does Council desire to eliminate the need for the signature of an HOA member on STR permit renewal applications? 5. Would Council like to revise the tax filing requirement to exempt properties that are under construction and unable to engage in short-term rentals for an entire calendar year? 6. Is Council open to revising compliance requirements to hold STR booking platforms accountable for posting only compliant ads that show permit numbers for the STR property? Are there any other topics not listed here that a Council majority would like to explore further? CITY MANAGER COMMENTS: EXHIBITS: Exhibit A — Ordinance #26, Series of 2021 Exhibit B — Memo _Second Reading of Ordinance #09, Series of 2022 Exhibit C - Ordinance #09, Series of 2022 Exhibit D - Resolution #106, Series of 2022 Exhibit E — Memo—STR Tax Polling Results and Next Steps Exhibit F — Memo STR Run -out Work Session 13 228 229